UDK: 347.1
DOI: https://doi.org/10.30932/2500-1868-2026-59-3-03
Ekaterina V. Kashkina - Candidate of Law, Associate Professor, Associate Professor of the Department of Criminal Law, Criminal Procedure, and Law Enforcement Activity, Law Institute, Russian University of Transport (MIIT), Moscow, Russia
Elmira N. Kharina - Candidate of Law, Associate Professor, Associate Professor of the Department of Criminal Law, Criminal Procedure, and Law Enforcement Activity, Law Institute, Russian University of Transport (MIIT), Moscow, Russia
Abstract. The current paper has considered the special aspects of the legal regulation of labor performed by convicted persons at transport infrastructure facilities, against the expanding practice of imposing non-custodial sentences. The purpose of the study was to identify the legal factors determining the possibility to engage convicted persons into work within the transport sector, as well as to assess the balance between the objectives of their resocialization and transport security requirements. The methodological framework of the current study comprises formal-legal, systemic-legal, comparative-legal, and interdisciplinary research methods, enabling to analyze the norms of the Russian Federation’s penal enforcement, labor, and transport legislation. There has been found that the feasibility of employing convicted persons at transport infrastructure facilities is determined not only by their criminal-law status but also by the specific legal regime governing particular facilities, the nature of the work performed, and the scope of requirements imposed on personnel regarding transport security. There has been concluded that the current model of legal regulation fails to fully account for the category of the convict, the nature of the crime committed, and the extent to which the work performed could impact the safety of the transport system. There has been also an argument for a more differentiated approach to restricting convicts’ access to work at transport infrastructure facilities, based on the principles of individualizing the execution of sentences and enforcing transport security. The study results could be applied in both legislative and law-enforcement activities, including the development of mechanisms for the labor-based rehabilitation of convicts.
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