Open AccessTo the question of scientific basis for the concept establishment of social rehabilitation of convicts
Author(s) -
Igor Chaly
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2020.74
Subject(s) - terminology , meaning (existential) , rehabilitation , legislation , correctness , context (archaeology) , law enforcement , enforcement , psychology , epistemology , law , political science , computer science , psychotherapist , programming language , paleontology , philosophy , linguistics , neuroscience , biology
It is generally accepted that the precision of terminology is essential for a correct understanding of the concept meaning beingdefined. Considering the problem of a place for the social rehabilitation of convicted and released and other activities connected with it,firstly, it is necessary to determine what is being understood by this concept and to indicate the goals and objectives for its realization.Only this way it can be ascertained whether it is true and correctly stated (interpretated). It is generally accepted that the precision ofterminology is essential for a correct understanding of the concept meaning. The purpose of this article was to analyse the existing scientificpositions in various branches of knowledge on the constituent elements of social rehabilitation concept of convicted persons,based on the principles of truth and correctness.The problem of state policy realization for the rehabilitation of convicted persons is one of the key issues from the point of viewof preventing the crime recurrence and has, therefore, been studied by various scholars. At the same time, as further explained in thestudy, a detailed analysis of the basic understanding of the legal category “rehabilitation of convicted persons” was not carried out, whatled to a certain degree of scientific interest. That is what this article does.The analysis of the sectoral and penal enforcement legislation does not give an idea of the substantive grounds that the conceptof social rehabilitation must correspond to. Rehabilitation services for convicts are considered in the context of the abstract category ofsocial care. Through the review of the Law of Ukraine “On Social Services” a gradual departure of the legislator from the assignmentof this category is seen. The medical aspect of understanding the category “rehabilitation” brings the author closer to a significantexpansion of understanding of this category.It seems that the broad approach to the understanding of the category should be the basis for further study of the category “rehabilitationof convicts”, except for specifying that it is not unlawful or unjustified action by state institutions, but the restoration of rights,which have been interfered with or restricted in connection with the conviction and serving of the sentence as well as overcoming othernegative consequences of isolation or other measures of penal correction.