Problems of convicts' labor in the context of digitalization

Greben'kov Aleksandr Aleksandrovich ORCID: 0000-0001-5028-090X PhD in Law Associate Professor; Department of Criminal Law; Southwest State University 305040, Russia, Kursk region, Kursk, ul. Fifty Years of October, 94, room 710 grebenkov@gmail.com Bondareva Anastasiya Vladimirovna ORCID: 0009-0000-8699-8841 Student; Faculty of Law; Southwest State University 305040, Russia, Kursk region, Kursk, ul. Fifty Years of October, 94, room 710 nastyabon386@gmail.com

Guseyan Gulya Ovikovna ORCID: 0009-0003-6806-0237 Student; Faculty of Law; Southwest State University 305040, Russia, Kursk region, Kursk, ul. Fifty Years of October, 94, room 710 gulya.guseyan22@mail.ru

Introduction

Labor in criminal and penal enforcement law is considered as one of the integral components of many types of punishment and other measures of a criminal legal nature. In some types of punishment, such as correctional, compulsory and forced labor, the involvement of a convicted person in labor is considered as the main content of punishment. In accordance with Article 103 of the Penal Enforcement Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), in such a frequently used punishment as imprisonment, work is one of the duties of convicts. A number of types of punishment (fine, restriction of liberty), although they do not explicitly mention the convict's obligation to work, but assume that the convict is able to financially support his life and activities, for which, as a rule, he must work.

In accordance with Part 5 of Article 73 of the Criminal Code of the Russian Federation (hereinafter — the Criminal Code of the Russian Federation), the obligation to work or find a job may be imposed on a convicted person in connection with the application of a suspended sentence to him. A similar obligation may be imposed on a person subject to parole from serving a sentence (Part 2 of Article 79 of the Criminal Code of the Russian Federation). The requirement to find a job with the help of a specialized body may be presented to a minor, to whom such a compulsory measure of educational influence is applied as restriction of leisure time and the establishment of special requirements for the behavior of a minor.

Historically, the work of convicts was considered primarily in punitive and economic aspects. One of the types of punishment was hard labor, the essence of which was to use those convicted of the most serious crimes to perform the most laborious and dangerous work in harsh conditions. Such work not only served as a reward for what they had done, but also allowed them to solve economic problems related to the development of new lands, mining, construction and maintenance of infrastructure facilities ^[3]. At the same time, the effectiveness of such forced labor was extremely low, and the work itself was often of such a nature that, in fact, they acted as an inhumane and time-stretched equivalent of the death penalty.

Gradually, the labor of convicts ceased to be considered a punitive measure. It began to be considered primarily as a measure of correction, the return of convicts to normal life in society. During the Soviet period in our country, even the title of the main act of penal enforcement legislation contained the words "correctional labor". Currently, Article 9 of the Criminal Code of the Russian Federation classifies socially useful work of convicts as the main means of their correction. Indeed, participation in work provides convicts with the opportunity to acquire new skills and experience, which contributes to their social rehabilitation. It helps those sentenced to imprisonment to integrate into society after release, and for those sentenced to non-custodial sentences, it helps to break with the antisocial environment and establish new social ties ^[13].

However, it would be wrong to assume that the value of convict labor is exhausted by its corrective effect. Labor activity can be considered as a form of compensation for harm to society. The convict's participation in the creation of material values can compensate for the harm caused by the crime, create in the convict a sense of responsibility to society, and in the victims and other members of society a sense of the triumph of justice.

Correctional labor can also serve as a means of maintaining discipline and order. Regular work helps to structure the convicts' time, preventing potential conflicts and violations in the institution. It is also impossible to deny the economic importance of convicts' labor, which makes it possible to compensate the state for the maintenance of the penal enforcement system ^[10]. Those sentenced to compulsory labor are involved in their performance on a free basis, which reduces the cost of performing many socially useful works. It is of interest to use the labor of convicts to eliminate the consequences of disasters, natural disasters or in other situations when it is necessary to restore normal living conditions as soon as possible.

At the same time, there are many unresolved ethical and legal issues related to the involvement of convicts in labor. Convicts, as a rule, are attracted to perform low-skilled jobs. At the same time, the number of people with higher education is growing among convicts (9.94% in 2023), and this indicator continues to increase ^[7]. The proportion of people with secondary vocational education is also quite large. The involvement of such persons in work that does not correspond to their specialty causes poor quality and efficiency of convicts' work, associated with a lack of motivation, qualifications and control. In addition, under the conditions of external sanctions pressure, economic priorities are shifting, and the need for work requiring special knowledge, including digital competencies, is growing.

In addition, in a State governed by the rule of law, it is necessary to maintain a balance between respect for human rights, achieving social justice and ensuring safety when convicts carry out their work. It is unacceptable that the work of convicts is accompanied by their exploitation, violation of their personal and labor rights, so that the use of convicts acts solely as a means of enriching economic entities, so that society is in danger due to the lack of proper control over convicts.

The digitalization of the economy and labor activity, associated with the accelerated introduction of new technologies in all spheres of activity, poses new problems for theorists and practitioners. The COVID-19 pandemic has become a powerful incentive for such digitalization, accelerating the processes of digital transformation around the world. At the same time, convicts are involved in labor using traditional conservative approaches, which involve mainly physical work of a mechanical nature, which does not meet the new needs of the economy ^[15].

Digitalization requires new skills, and training convicts in such skills can increase their labor competitiveness after release. In addition, digitalization allows certain categories of workers to work remotely, which creates new employment opportunities for convicts. Currently, the issues of remote employment of convicts have not been settled, although it is quite possible, for example, in the execution of punishments in the form of correctional and compulsory labor, and with the right approach, ensuring compliance with the regime of correctional institutions, and in the execution of imprisonment.

It is promising to consider measures that can allow convicts to perform their work duties using information, telecommunications and digital tools of remote labor activity. In addition, convicts can participate in the creation of digital content such as texts, graphics, audio and video materials. However, at the same time, it will be necessary to solve problems related to the possibility of convicts using digital technologies to commit illegal actions.

It is possible to introduce digital technologies to increase the efficiency of convicts' work, increase its economic impact, and increase the demand for its results.

Of interest is the creation of opportunities for convicts to receive education in the field of digital technologies, such as programming, data analysis, web development, etc. These skills not only increase their chances of a successful return to society, but also open up new employment prospects in the field of information technology. Including during the period of serving their sentence, such convicts may participate in the development of software and other digital products.

The use of digital tools for monitoring and evaluating the work of convicts can reduce the costs and risks of employers employing convicts, which will reduce the problems associated with discrimination and stigmatization of convicts in the labor market.

Therefore, it is necessary to develop effective mechanisms for regulating and controlling the use of convict labor in the context of digitalization and digital transformation.

Materials and methods

Using general scientific methods and the formal legal method of interpreting legal norms, the norms of international legal acts, the Criminal Code of the Russian Federation, the Criminal Code of the Russian Federation and by-laws regulating issues of labor activity in the context of digitalization, and the labor activity of convicts, in particular, are studied. Using the critical legal method, the shortcomings and gaps in the legal regulation of convicts' work using digital technologies have been identified.

Using the methodology of analytical review research of scientific papers from the database of sites cyberleninka.ru and elibrary.ru according to the keywords "labor of convicts digitalization", scientific articles in Russian published in 2019-2024 on the regulation of labor of convicts in the context of digital transformation of the economy were selected, systematization of conclusions and arguments of their authors was carried out, a critical assessment of these conclusions was given.

Also, with the help of the specialized Google Scholar search engine, scientific papers and messages in English were selected using the keywords "prison labor digital", concerning examples of the use of convicts' labor in conditions of digitalization. In addition, a search was conducted for media materials reporting on initiatives to introduce digital technologies into the use of convict labor in information search engines. Using the case study method, an analysis of the experience of such use was carried out.

Based on the conducted research, we formulated the main conclusions and recommendations for improving the involvement of convicts in labor in the context of digitalization, and also suggested directions for further research on the topic.

Results and discussion

The main international instruments dealing with human rights and the execution of sentences, such as paragraph 3 of Article 8 of the UN International Covenant on Civil and Political Rights, paragraph 1 of rule 96 of the Standard Minimum Rules for the Treatment of Prisoners (hereinafter — The Mandela Rules) provide that convicts can perform work while serving their sentence. This is not considered forced labor, which is prohibited by the international community. Moreover, it is recommended that convicts be given the opportunity to work.

International standards for the employment of convicts (paragraph 1 of rule 97 of the Mandela Rules) suggest that work and its conditions should exclude the possibility of causing suffering, that work should not be aimed at personal gain by correctional personnel. Work should be socially useful, carried out in conditions appropriate to those accepted in society, ensure the safety of convicts and protect their health. In addition, paragraph 3 of rule 98 of the Mandela Rules indicates that convicts should be given the opportunity to choose a job, provided that this is compatible with the correct choice of craft, as well as the requirements for ensuring the regime of the relevant institution.

International legal acts regulate the possibility for convicts to carry out socially useful work activities compatible with the conditions of serving a sentence, if possible, with the provision of a choice of work. At the same time, they (even in the Mandela Rules adopted in 2015) do not contain any indication of the specifics of attracting convicts to work in the context of digital transformation. This is not surprising, since the main focus of these acts is to fix minimum standards for the treatment of convicts, which represent a benchmark for the countries of the "global South", where the main task is to humanize the conditions of serving a sentence, and not its digital transformation.

In accordance with the criminal legislation of the Russian Federation, a number of punishments provide for the labor activity of convicts as the main component of their essence: compulsory labor, correctional labor and forced labor. Since socially useful work, in accordance with Part 2 of Article 9 of the Criminal Code of the Russian Federation, is one of the main means of correcting convicts, it is also provided for in the execution of other types of criminal punishment: detention in a disciplinary military unit, imprisonment for a certain period and life imprisonment. There is no general obligation to carry out labor activity for punishment in the form of restriction of freedom, but the legislation provides guarantees for the labor activity of convicts while serving their sentence, such as assistance to their employment by criminal enforcement inspections (paragraph "e" of Part 4 of Article 50 of the Criminal Code of the Russian Federation).

In the context of the topic we are considering, such types of punishments as forced labor and imprisonment are of the greatest interest. Compulsory work is assigned only to convicts who already have their main place of work, and for a short period of time. The same applies to correctional labor. Specialists in high-demand IT specialties who have been assigned this punishment are likely to serve them at their main place of work. In addition, the use of digital tools to improve the efficiency of convicts' work, its control and evaluation in the execution of these types of punishments is not regulated by penal enforcement law, since the direct organization of convicts' work is carried out by the administration of organizations that involve them in labor activities.

In view of this, it is necessary to focus on the issues of digitalization of the labor activity of those sentenced to forced labor and imprisonment.

Those sentenced to forced labor are involved in paid labor with a deduction of a certain amount from wages. Labor activity can be carried out both in specially created correctional centers (hereinafter — CI) and in isolated areas functioning as correctional centers located on the basis of correctional institutions. In addition, starting in 2019, forced labor can be served at CI sites located on the basis of organizations using convict labor. These can be organizations of any organizational and legal form, as well as individual entrepreneurs. With this in mind, there are opportunities to digitalize the work of this category of convicts.

For those sentenced to imprisonment, the obligation to work is established by Article 103 of the Criminal Code of the Russian Federation. Everyone sentenced to imprisonment is obliged to work in places and jobs determined by the administration of correctional institutions. The administration of correctional institutions is obliged to involve convicts in work, taking into account their gender, age, ability to work, state of health and, if possible, specialty, as well as based on the availability of jobs (Part 1 of Article 103 of the Criminal Code of the Russian Federation). Convicts are employed in the centers of labor adaptation of convicts and production (labor) workshops of correctional institutions, at federal state unitary enterprises of the penal enforcement system and in organizations of other organizational and legal forms located on the territories of correctional institutions and (or) outside them, provided that proper protection and isolation of convicts are ensured.

In our opinion, one of the problems of using convicts' labor in conditions of digitalization is that convicts do not have the opportunity to dispose of their abilities and talents, to choose the type of activity according to their will. At the moment, it is recognized that the labor activity of a convict in his specialty is his legitimate interest, but not his right ^[9].

A legislative ban is imposed only on the involvement of convicts in labor by types of activities for which the convicted person is deprived of the right by a court verdict when imposing an appropriate additional punishment. With regard to activities in the field of information technology, this is possible, for example, when committing computer crimes.

Other prohibitions are established by the Internal Regulations of correctional institutions. In particular, in accordance with Appendix No. 13 to the Order of the Ministry of Justice of the Russian Federation No. 110 dated July 4, 2022, convicts are not allowed to work with multiplying, radiotelegraphic, telephone, fax equipment, which excludes the possibility of involving convicts in most types of intellectual work involving the use of office equipment. It seems that this provision does not correspond to the conditions of modern reality and the needs of practice.

In our opinion, people with any talents, abilities, and a high level of education should engage in mental work, which is so necessary in the conditions of the information society, digitalization of all spheres of society.

In fact, labor in the colonies is not distributed rationally, the executive authorities do not take into account the level of education and skills of prisoners who have a certain potential to perform highly qualified work. In the current conditions of continuous development of modern technologies, in conditions of constant need for qualified personnel, it is necessary to focus on the individual abilities of convicts, as well as to involve them in work according to their profession, since convicts are often specialists in IT fields, management, economics and other demanded areas.

There are relatively few Russian scientific papers dealing with the digitalization of convict labor.

Thus, there are proposals to involve convicted IT specialists in remote work for a Russian company as part of forced labor ^[5]. The proposal of D.N. Sadchikova and M.D. Ryabenko is of interest. The authors propose to increase the economic efficiency of forced labor by creating an Internet resource "State automated system of employment of convicts to forced labor", through which interaction between the Federal Penitentiary Service (FSIN), convicts and potential employers will be established. The GAS TOPR platform is capable of becoming a single information environment that unites the interests of the organization and convicts. Such a system will really be able to increase the number of labor personnel in organizations, improve the standard of living of prisoners, and ensure a favorable future for convicts after serving their sentences ^[6].

With regard to forced labor, the possibilities of digitalization are wider than in conditions of imprisonment, due to the fact that the regime of correctional centers allows for the wider use of information technology in the work of convicts.

With regard to the work of persons sentenced to imprisonment, the issues of digitalization are mainly considered in relation to the organization of labor processes. Thus, V.V. Zagarskikh and A.S. Utemov point out that "digitalization of information can change existing approaches to accounting for income, costs and calculating the cost of production in production, analyzing the income-generating activities of an institution on a certain date and in dynamics." They also note the need for "the introduction of modern and high-tech equipment for institutions and bodies of the penal system" ^[2]. A.M. Chernyaev points to the need to introduce digital smart contracts to form supply and sales plans in the divisions of the penal system that ensure the labor activity of convicts ^[12].

However, there are also works that mention the need to include convicts in work and public life using information technology. Thus, N.G. Shatveryan and V.R. Mazhara point out that "in the era of global digitalization ... it is necessary to involve convicts in labor activity, according to their profession" (accountant, economist, designer) in cooperation with the commercial sector and through a "closed Internet network, providing only those programs and sites that are necessary to carry out their work function" ^[14].

G.N. Larina argues that thanks to the digitalization of society, it has become possible "to include informal groups of convicts in socially significant activities of the region and the country through participation in various projects by providing all possible assistance to Russian citizens," noting that "this will contribute to the experience of belonging with other members of society, as well as increase intellectual, emotional and volitional unity convicts", however, does not detail the specific mechanisms of such participation ^[4].

E.V. Shorgina states that "a certain range of modern professions related to the use of digital technologies are not available to convicts serving sentences in places of deprivation of liberty," which determines the inefficient use of convicts exclusively for unskilled labor. It is noted that "with the digitalization of certain segments of the economy and scientific and technological progress, it is simply necessary to use new technologies," however, specific mechanisms for such use are not proposed ^[15].

There are works devoted to the digitalization of convict education. It is indicated that in many countries of the world computer, network and remote technologies have been successfully introduced into the convict education system, and the related problems of isolating convicts from each other and from the outside world are successfully solved using technical means that prevent free communication with convicts and restrict access to network resources using local copies of authorized resources and protected communication channels isolated from global computer networks ^[8].

Summarizing the results of a review of scientific publications on the topic of digitalization of convict labor, it should be noted that, in general, there is a consensus on the need to digitalize both the supporting processes and the work of convicts themselves, but specific mechanisms for such digitalization have not been worked out.

We have reviewed the use of distance learning technologies in correctional institutions, studied the world experience of their application for the re-socialization of convicts. It was found that although education of convicts through the use of distance learning technologies is practically not widespread in Russia due to the lack of necessary technical equipment in correctional institutions, specialized programs, as well as access control systems, however, the experience of foreign countries shows that such training is possible, including in the field of information technology. At the same time, convicts do not have free access to Internet resources. 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 ^[1]. The proven possibility of using computer technologies for distance learning of convicts suggests that, in principle, there are no insurmountable obstacles to digitalization of their work.

Nevertheless, specialized technological solutions will be required to ensure that convicts can use office equipment. In addition to software solutions that limit the ability to communicate and access global computer networks, they should include specialized hardware.

Figure 1. The Justice Tech Securebook 6 device ^[18].

Similar devices are already being produced by global manufacturers (Fig. 1). They are built on the basis of conventional commercial portable computers, but they are specially modified for use in correctional institutions. The most notable modification is the use of transparent plastic for the case, which eliminates the possibility of using devices for the hidden transfer of objects between convicts. Protected versions of the embedded software, a specially modified operating system (Endless Justice based on Linux) are also used, and protection against component replacement is provided by linking them by serial numbers. There are no domestic analogues of such devices, but their release can be arranged relatively quickly, since the modification does not concern high-tech electronic components, but a plastic case and software.

Even without the use of such solutions, pilot programs involving the work of convicts in the digital sphere are being implemented. So, in Finland, already in 2019, Vainu, in cooperation with the government Agency for Criminal Sanctions, which manages the correctional system of this state, implemented a project on data classification for training artificial intelligence systems by convicts. To do this, Vainu was provided with computers and selected convicts who participated in the project. The experience was evaluated positively both from the point of view of the economic efficiency of such work, and from the point of view of convicts obtaining relevant skills in the labor market ^[17].

In the United States, at the Federal Correctional Institution in Elkton, Ohio, UNICOR, in collaboration with the U.S. Patent Service, organized a project to digitize patent documents for subsequent electronic publication. 148 workplaces equipped with computers and stationery were organized for the convicts. The convicts performed a number of tasks related to checking the formatting and markup of the recognized text of scanned documents. Due to the complex nature of the work and the need to memorize dozens of rules and codes, convicts were hired only on the basis of the results of the exam for text comprehension, logic and mathematical abilities. After that, training was carried out, which included two weeks of mentoring from a more experienced convict. A study of the impact of this project on convicts showed that it is popular (more than 300 convicts were on the waiting list for participation in it), has a positive effect both on the situation of convicts in a correctional institution and on their development of necessary work skills and work-related habits, which were recognized as capable of positively influencing prospects for their return to normal life in society ^[19].

Also in the United States, The Last Mile (TLM) company organized training for convicts in high-demand technological specialties, such as web development and production of audiovisual content, at California's St. Quentin Prison, and subsequently, those who completed the training were involved in commercial website development. At the same time, convicts received significantly higher pay than when performing ordinary physical work, and the percentage of recidivism among graduates of the TLM program was less than 5% ^[16].

In Russia, the attraction of convicts to work using digital technologies was carried out in Novosibirsk as part of a joint pilot project of Sberbank and the Federal Penitentiary Service of Russia in the Novosibirsk region. The convicts selected by the bank and the Federal Penitentiary Service in the correctional center performed tasks on data markup, digitization of handwritten text and other work related to the training of artificial intelligence systems. A separate office space was organized with computers not connected to external information resources. Materials for convicts were submitted in an impersonal and fragmentary form, which excluded their illegal use ^[11].

The fact that such use is possible is evidenced by a study by the US Chamber of Accounts, which revealed that convicts who were involved in this country to perform data entry work in call centers and when processing orders received access to a fairly wide range of personal data, some of which were then used in for illegal purposes. Although the number of incidents was small (only 9 cases of data leakage per 1,400 convicts who participated in the programs), the programs in which these incidents occurred were partially curtailed ^[20]. In view of this, it is necessary to study the issue of data protection processed with the participation of convicts.

Conclusions

The results of the study allow us to conclude that it is necessary to actively introduce digitalization tools into the work of convicts in Russia, as well as the need to educate convicts in various skills and professions in the process of serving their sentences. The training of convicts, including distance learning, will contribute to an increase in qualified personnel in the country, who, after the period of punishment, will be in high demand on the labor market and will be able to claim decent wages, which will further affect the welfare of former convicts, reducing the number of recidivism in the country. Convicts trained in digital professions, as well as convicts who already have training in IT specialties, should be given the opportunity to apply their skills. This is most relevant for convicts serving sentences in the form of forced labor, but it is also possible that this practice may extend to those sentenced to imprisonment. In order for this to be possible, it is necessary to solve the following problems.

First, it is necessary to create a legal framework for such work. It is necessary to provide for the possibility of convicts using office equipment in certain cases in the Internal Regulations of correctional institutions. It is also necessary to provide legal mechanisms for the selection of convicts and the placement by potential employers of applications for the employment of convicts. It is also necessary to provide measures for the protection of personal data, regulating the access of convicts only to depersonalized data in a form that excludes their illegal use.

Secondly, it is necessary to create hardware and software, preferably by domestic manufacturers, which can be used taking into account the requirements of the punishment regime (transparent housing, protection against component replacement, limited network capabilities and software functionality).

Thirdly, organizational work is required to ensure distance and full-time training of convicts in IT specialties so that they can fully carry out their work using digital technologies.

The difficulties that stand in the way of solving the problem of digitalization of convicts are quite serious, but surmountable. This should be done in order to reduce the proportion of recidivism and ensure more effective integration into society of persons who have served criminal sentences.