Guarantees for the realization of certain rights and legitimate interests of imprisoned parents

One area of development of Russia's penal policy is to ensure the interests of children whose parents are imprisoned, to expand certain types of subjective rights and legitimate interests of those convicts who have children. The article examines the guarantees of the rights and legitimate interests of convicted parents that are enshrined in international legal acts and Russian law and highlights the lack of a clear mechanism and the problems arising in practical activities in implementing subjective rights and legitimate interests of imprisoned parents. Various aspects of this area are considered and analyzed. The trends to increase attention to the category of the convicts in question, to ensure their legal status are pointed out: the adoption of a special independent European document aimed at protecting the rights of children whose parents are imprisoned; the recommendations to states to provide the necessary funds to public bodies and community organizations to support the children of convicts and their families; ensuring the rights of children with imprisoned mothers and several others. The authors consider a new international document -The Council of Europe’s Recommendation CM/Rec (2018)5 of the Committee of Ministers to member states concerning children with imprisoned parents. According to this act member states of this international organization are called upon to rely on it when improving criminal, penal and legislative policies, and in the practical sphere. The article also states that international legal acts and the legislation of several states emphasize the rights of children whose mothers are imprisoned and enshrine special rights and benefits for this category of prisoners. The traumatic effect of a father's imprisonment on a child is rarely taken into consideration. In general, it can be noted that there have been positive changes in the legal regulation of the rights of children of imprisoned parents, both internationally and nationally, but there are still several unresolved issues. For example, the implementation of practices and policies in the interests of children, including international standards for children whose parents are imprisoned, should be regularly tested and evaluated. It is concluded that the contacts with both fathers and mothers should be maintained only if it is in the interests of the child.

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