Organizing State Protection of the Personnel of Penal Institutions in Some Countries of Western Europe, North America and Asia

Oleg V Kirilovskii

doi:10.46741/2686-9764-2021-15-2-405-412

Abstract

Introduction: the paper investigates the experience of some countries of Western Europe (Italy, Germany, Austria and The Netherlands), North America (the U.S. and Canada) and Asia (Mongolia and Japan) in the field of state protection of penitentiary personnel. The aim of summarizing the experience of these countries is to identify relevant examples of legal regulation and organization of state protection of civil servants, including prison staff, for the purpose of implementation of this experience in Russian practice. Methods: we use general scientific (analysis, synthesis, induction, etc.) and specific sociological methods of cognition (comparative-legal, sociological, statistical, comparative). Results: having conducted the comparative study, we find that Mongolia and Japan do not have a separate unified legal framework for state protection of penitentiary personnel. The norms that establish the legal and social guarantees of employees are contained in several laws and by-laws that specify them. The experience of the countries of Western Europe and America indicates that the activities aimed at ensuring state protection are concentrated and implemented by a specially created body with a wide range of powers. In these countries, special attention is paid to the issue of separate funding of programs for the protection of state servant sand persons who assist justice. Discussion: we highlight the fact that the legal and organizational aspects of ensuring state protection of the personnel of penitentiary institutions in some foreign countries have positive aspects. Some examples of foreign experience can be used in law-making and law enforcement activities in the Russian Federation. Keywords: Penitentiary personnel; foreign experience; state protection; penal system; security measures; legal and social protection measures

Highlights

The current state of the penal system in Russia, as well as its reform in an unstable geopolitical situation, taking into account public spending optimization, points to new challenges, and emphasizes the relevance of state protection of the interests of the employees of the penal system and their relatives.Due to the necessity of face-to-face interaction with convicts, who often show a negative and often aggressive attitude, penal system employees are most susceptible to criminal encroachment on the part of criminally minded citizens
Results: having conducted the comparative study, we find that Mongolia and Japan do not have a separate unified legal framework for state protection of penitentiary personnel
In the domestic legal field, normative legal acts have been adopted in the field of ensuring state protection of civil servants of law enforcement agencies, but we cannot assert that they are effectively implemented in practice

Summary

Introduction

The current state of the penal system in Russia, as well as its reform in an unstable geopolitical situation, taking into account public spending optimization, points to new challenges, and emphasizes the relevance of state protection of the interests of the employees of the penal system and their relatives.Due to the necessity of face-to-face interaction with convicts, who often show a negative and often aggressive attitude, penal system employees are most susceptible to criminal encroachment on the part of criminally minded citizens. Keywords : penitentiary personnel; foreign experience; state protection; penal system; security measures; legal and social protection measures.

Results

Conclusion