The problems of introducing distance learning technologies into the process of education for convicts in the context of digital transformation

Guseyan Gulya Ovikovna ORCID: 0009-0003-6806-0237 Student, Department of Criminal Procedure and Criminalistics, Southwestern State University 307207, Russia, Kursk region, village Roykovo, Roykovo 19a gulya.guseyan22@mail.ru Other publications by this author     Bondareva Anastasiya Vladimirovna ORCID: 0009-0000-8699-8841 Student, Department of Criminal Procedure and Criminalistics, Southwestern State University 307410, Russia, Kursk region, village. Korenevo, Ostrovsky str., 54 nastyabon386@gmail.com

Himedenova Dina Nikolaevna ORCID: 0000-0002-1270-7447 PhD in Law Lecturer, Department of Criminal Law, Southwestern State University 305545, Russia, Kursk region, village Khalino, 374 Achkasov str. dina.0206@mail.ru

Introduction. The right to education is one of the most important human rights, which is mediated by strengthening the level of a large number of international normative acts.In our country, such a right is reflected in Article 43 of the Constitution of the Russian Federation, according to which everyone has the right to receive education. Persons serving a custodial sentence are no exception. Despite certain restrictions in the legal status of this category of persons, the possibility of their education is established in the current regulations.

In accordance with Part 4 of Article 108 of the Penal Enforcement Code (hereinafter referred to as the PEC) of the Russian Federation, the administration of correctional institutions must assist convicts in obtaining general, secondary vocational and higher education. However, it can be stated that such a norm is a declaration and in fact the opportunity to receive education applies only to certain groups of convicts.Thus, persons who have been sentenced to life imprisonment are not involved in education, but have the right to self-education. Also, convicts serving imprisonment in strict conditions, expelled to penal isolation cells, cell-type premises and solitary cells are not involved in educational activities.

Unfortunately, such a "selective" education system is not effective and cannot become an effective means of correcting convicts, since the latter, for objective reasons, often cannot independently plan and draw up a training program for themselves, have problems with motivation and discipline, underestimate the importance of education and are not interested in their own correction. In this regard, it is concluded that in the context of the digital transformation of the penal enforcement system, it is necessary to introduce innovative digital technologies into the educational process of convicts.

In the course of this study, the authors examined the main advantages of the introduction of distance education for all categories of persons sentenced to imprisonment, reviewed the experience of foreign countries where this practice is implemented. The advantages of the procedure of using distance education for prisoners in certain foreign countries are revealed and the possibility of implementing the process of distance learning of convicts in Russia is evaluated.

The problem of education for convicts has been considered by many scientists who have studied its certain facets: the impact of education on the correction and reintegration of convicts, the difficulties of improving the quality of education in institutions of the penitentiary system and a number of other narrowly focused problems. S.A. Vetoshkin^[1] considered education as the main factor in the correction of convicts, playing a key role in further successful adaptation after A.G. Slomlinsky and I.D.Zharkov in the book "The problem of general education of convicts: searches, finds, solutions"^[2] raised the problem of education of convicts, as well as all subjects of the educational process of penitentiary institutions. E.I. Kishieva, in her work "Distance education in places of detention"^[3], considered the problem of lack of funding to pay for higher distance education. However, there is currently no single comprehensive study examining all the current problems of education for convicts.

Research methods. Using a number of general scientific methods (analysis, synthesis, generalization, etc.) and the formal legal method of interpreting legal norms, the norms of the current penal enforcement legislation regulating the issues of education for convicts in the context of digitalization are studied. Using the critical legal method, the shortcomings and problems existing in the legal regulation of this area have been identified.

Using the method of content analysis of information retrieval systems, electronic scientific libraries, it was revealed which measures for the introduction of distance education in the framework of digital transformation are used in developed foreign countries. The comparative legal method made it possible to assess the applicability of the practice of these countries in Russian legal realities.

By means of a systematic analytical method, the available scientific developments on the topic of the work were systematized, the results obtained were described, the main conclusions and recommendations for improving the education system while serving sentences by convicts in conditions of digitalization using distance educational technologies (hereinafter – DOT) were formulated.

Discussion. Currently, the issues of distance learning of convicts are characterized by a gap in legal regulation. No normative legal act on the procedure and conditions of serving imprisonment contains an indication of the possibility of using innovative educational technologies in the execution of a sentence.

The issue of unequal access to education by convicts is also unresolved and poorly studied. The right to education is the most important constitutional right of a person and a citizen, regardless of his legal status, and the ability to meet the educational needs of an individual is directly expressed in the realization of this right. Persons serving imprisonment, whose number in institutions of the penal correction system (hereinafter referred to as the penal correction system) as of January 1, 2023 is 43,3006 people^[1], are limited by specific conditions of isolation from society, which have some peculiarities. In particular, in the Russian penal enforcement system, the following groups of convicts are not involved in education: convicts serving life imprisonment, as well as convicts who are in strict conditions of serving their sentences, being in penal isolation cells, cell-type rooms, cell-type rooms and in solitary cells.

A detailed analysis of these provisions raises the question of a violation of the principle of equality, which provides for the ideas of equality and protection from discrimination^{[4, p.36]}.The issue of the equal status of convicts is controversial. On the one hand, deprivation of liberty makes the position of convicted persons identical, on the other hand, the presence of convicts in different types of colonies and isolation cells leads to a difference in their position depending on the severity of the crime committed. In our opinion, access to education should be equal for all categories of convicts, which is due to a number of objective factors. Equal access to educational opportunities for convicts is conditioned by a number of factors. Firstly, education is the basis for personal development and the key to integration into society after serving a sentence. Providing educational opportunities in conditions of deprivation of liberty helps prisoners not only gain new knowledge and skills, but also change their worldview, behavior and become worthy members of society.

Another important factor is the prevention of relapse. Education has a positive impact on the behavior of convicts and increases their chances of successful rehabilitation. By developing convicts' skills and knowledge, the State increases the likelihood of the fastest possible reintegration after release and reduces the likelihood of their return to criminal activity.

In addition, equal access to education for convicts contributes to the creation of more humane conditions for serving sentences, helps to reduce the level of aggression and conflict in the prison environment, and also helps to maintain the psychological health of prisoners.

Thus, access to education for convicts is an important tool for improving the efficiency of the correctional system, reducing the recurrence of crimes and ensuring more humane conditions for prisoners.

It is noted in the scientific community that "education has a positive effect on the behavior of a convicted person during the period of serving a sentence, facilitates social adaptation after release, minimizes social tension in places of detention, promotes the formation of work motivation, active life" ^{[5, p.50]}.

Thus, the penal enforcement legislation and the practice of its application need to be improved in terms of educational policy in relation to persons serving sentences of imprisonment. It is necessary to amend Article 80 of the Federal Law "On Education in the Russian Federation", as well as Article 112 of the Criminal Code of the Russian Federation, which enshrines the right of convicts to general education. The Criminal Code of the Russian Federation should ensure equal access to education for all prisoners, which implies vocational training, a set of training sessions, as well as measures to further develop conditions for convicts to receive all levels of education within the framework of educational programs using e-learning and distance learning technologies, which should become a priority form of education.

Digital transformation is a key trend in the modern world, as it opens up new opportunities for improving efficiency and developing many areas. The more the world changes, the more the technological shift takes place, and, accordingly, the more opportunities arise to optimize and improve the efficiency of any structure, including the penal enforcement. The tasks of digital transformation and scientific and technical penal enforcement system are directly fixed in the Concept of the development of the penal enforcement system until 2030^{[6, p.33]}. In this regard, improving the effectiveness of the management of the penitentiary system, taking into account its structure, including through the formation of a modern information and telecommunications infrastructure, is one of the tasks of reforming the penal system at the present stage.

Taking into account modern national and international trends in informatization, it is advisable to assert that the education of persons sentenced to imprisonment needs to be revised and modernized towards digital technologies. A promising innovation in this area is such a tool as distance education, which is a learning process based on data from traditional educational programs converted into a digital format using information technologies^{[7, p.190]}.

Our country already has a successful experience of using DOT during the COVID-19 pandemic, which accelerated the processes of digital transformation around the world. So, during the epidemic of coronavirus infection COVID-19, many events were transferred to the online format, and the process of obtaining education became remote. It is impossible not to mention the positive aspects of this format: a convenient schedule in which the student has the opportunity to study at a convenient time; quality management of the educational process; a modular system of classes and many others. The penal enforcement system has already started using methods of conducting events remotely. For example, remote chess matches were held in all institutions of the Federal Penitentiary Service of Russia in the Tomsk Region on May 9, 2021, under the organization of the World Chess Transit League. Convicts serving sentences in correctional and educational colonies of the region simultaneously participated in online tournaments organized on a specialized platform with randomly selected players from other regions. The results of the games and blitz tournaments were evaluated in real time^[2].

This example shows that the use of technology for remote events is a feasible and possible direction of the penitentiary system. We believe that such experience should also be applied in the education of convicts, regardless of their category. However, when using distance learning, it is necessary to take into account all possible risks as much as possible and develop protection and control mechanisms against visiting unauthorized and prohibited sites, abuse of Internet access. Such a measure is necessary, because without proper control over the use of Internet resources by convicts, they may commit new crimes in the information environment.

In some foreign countries, the experience of using distance education through the penitentiary system is quite successful. Based on the Index of countries by the level of opportunities for digitalization created in them^[3], we will select two states that occupy high positions in the ranking (Australia and the United Kingdom) and consider their experience of using DOT in the process of convict education.

One of the first examples of the introduction of distance learning for prisoners is the UK penitentiary system. Every prisoner in this State, regardless of the type of detention in prison (category A, B, C and D prisons) has the right to receive an education. Evening classes have been developed in all prisons and other necessary conditions have been created to improve the educational level of convicts. To achieve this goal, a Prison system has been developed (Prisoners’ Educationtrust's), which offers more than 120 different distance learning courses - from medicine and social assistance to transport and logistics^{[8, p.48]}.One of the most popular is the course "Starting a business", which is designed to help students create their own business. As part of its passage, the convict can receive practical advice and develop the skills necessary for planning, creating and developing a business. The course explores whether self-employment is suitable for the student and provides the tools necessary to develop a complete business plan. The training course also includes training in the basics of law, marketing and sales, as well as customer service and quality improvement.

A study by the UK Ministry of Justice showed that thanks to PET courses, the number of repeat crimes decreased by 25%: out of 100 people leaving prison, 82 students studying the courses lead a crime-free life within a year after leaving prison; the chance of finding a job increases by 25%; out of 100 people leaving prison, 39 students enrolled in the PET program find work in the first year of release^{[9, p.182]}.

Measures to control prisoners' access to Internet resources have also been actively implemented in the country under consideration. For example, the VirtualCampus online platform allows convicts to have access to certain controlled sources of information and websites^{[10, p.52]}.Analyzing the practice of using distance education in the UK, it can be noted that this method of education for convicts is effective and is implemented at a high level. Due to the development of many important skills, while in prison, prisoners independently prepare for re-socialization and life after serving their sentence.

In correctional institutions in Australia, prisoners have access to Internet sources from specially equipped computer laboratories. At the same time, the specialized system imposes appropriate restrictions on information that can be accessed online: students can only visit those sites that are approved by the administration of the correctional institution. Prisoners in Australia can also use digital technologies to obtain higher education and obtain a bachelor's degree. Students use a distance learning system installed on their laptops, which they are allowed to use. At the same time, convicts do not have access to the Internet space, the course materials are downloaded to laptops ^{[9, p.184]}. The distance education system in Australia provides many opportunities to keep convicts motivated on the path to correction and prevents convicts from using the Internet in prison to commit illegal acts.

Thus, the experience of implementing distance education for convicts in Australia and the UK is successful and can well be used in Russia. To do this, first of all, it is necessary to ensure that penal institutions are equipped with digital technologies, which currently has problems due to insufficient funding. Additionally, it is necessary to develop reliable access control systems for convicts to the information they view in order to prevent the commission of new crimes while serving their sentences.

It is promising to apply measures that can allow convicts to master educational programs, including higher education, using information, telecommunications and digital tools remotely.  At the same time, programs for the provision of correspondence higher education for prisoners in general regime colonies in the Russian Federation are being successfully implemented. According to the federal list of higher educational institutions defined by the Federal Penitentiary Service of the Russian Federation, higher education is provided to convicts by the Moscow State University of Economics, Statistics and Informatics, Northwestern State Correspondence Technical University, Moscow Modern Humanitarian University, Modern Humanitarian Academy^{[10, p.48]}.

It is worth noting that the implemented educational activities bring positive results. According to statistics, convicts who have received higher education in correctional institutions, after being released, become repeat offenders 5 times less often than their "colleagues" without a diploma^[4].

It seems that the proposed implementation of distance learning technologies based on the experience of the Western countries considered will not only increase the chances of convicts to successfully return to society, but also open up new employment prospects in the field of information technology. For example, while serving their sentence, such convicts may participate in the development of software and other digital products.

Conclusion. Education is not only one of the basic means of correcting convicts, but also an effective way to reduce recidivism, allowing the state to save money on the maintenance of criminals in the future. In Russia, education of convicts using distance learning technologies is practically not widespread due to the lack of necessary technical equipment in correctional institutions, specialized programs, as well as access control systems. At the same time, the experience of some foreign countries demonstrates that persons educated in places of detention are more likely to find work after release, have means of livelihood and chances for further successful and law-abiding life.

The solution to these problems is possible through legislative regulation of the possibility of obtaining education with the help of DOT for all categories of prisoners, as well as the development of effective programs and courses that allow you to master a particular specialty.