Issues of convicts' labour regulation discrimination

According to the norms of International law, the Constitution of the Russian Federation (Article 19), the Labour Code of the Russian Federation (Article 3), discrimination in the sphere of labour is forbidden. In Article 1 of the Convention of the International Labour Organisation (ILO) № 111, discrimination is any distinction, exclusion or preference based on race, colour, sex, religion, political views, ethnic or social origin, which has the purpose or effect of nullifying or impairing the equality of opportunities or references in the sphere of labour and employment. Employers have no right to limit the labour rights and worker's freedoms on the basis of their personal qualities or public attributes, which are not directly connected with labour activity. Execution of criminal punishment provides legal influence on the person, which depending on its behaviour, can be expressed in restriction or expansion, granting or liquidation of socially significant opportunities or duties for a certain person. According to the Constitution of the Russian Federation the rights and freedoms of man and citizen may be limited by the federal law only to such an extent to which it is necessary for the protection of the fundamental principles of the constitutional system, morality, health, the rights and lawful interests of other people, for ensuring defence of the country and security of the State. (Article 55 of the Constitution of the Russian Federation). Legal restrictions of the condemned have a legitimate legal basis fixed in the norms of Russian legislation that cannot be considered as discrimination. Thus, it is necessary to emphasize that in the conditions of organization of labour in places of imprisonment the opportunity of discrimination of the condemned on the criteria stipulated by the legislation in the sphere of labour is excluded.

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