Criminal Executive System Research Articles

IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION

The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.

ШЛЯХИ ВДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ВИКОНАННЯ СУДОВИХ РІШЕНЬ ЩОДО ЗАСУДЖЕНИХ У МІСЦЯХ НЕСВОБОДИ

The article states that the Russian-Ukrainian war had a profound impact on important state decisions regarding the reform of the criminal justice system and its transformation into a penitentiary system. This was especially evident with the opening of new correctional colonies for prisoners of war of the Russian Federation and the serving of punishment for war crimes as servicemen of the armed forces of the Russian Federation and collaborators among citizens of Ukraine. The improvement of legal and regulatory enforcement of court decisions regarding convicts in places of imprisonment is determined by the need to revise the existing legal and regulatory framework, with the aim of bringing it into line with the new needs of the socio-economic and political-legal development of Ukraine. It is noted that the following problems have been identified in the practical sphere of bodies and institutions for the execution of punishments in terms of the execution of court decisions regarding convicts in places of imprisonment: a) the execution of court decisions by prison personnel is complicated by the fact that the bodies and institutions for the execution of punishments receive court decisions on various categories of convicts: first-time convicts, previously convicted, women, men, minors, and therefore their reception has its own peculiarities; b) description of the mechanism of execution of court decisions by the staff of places of imprisonment in the precedent practice of the Supreme Court and its analysis in terms of harmonization with national legislation and the practice of the ECHR; c) ensuring the correct interpretation of the mechanism of execution of court decisions by the staff of places of imprisonment and developing the necessary legislative initiatives on this basis; d) working out the mechanisms for the execution of court decisions by the staff of places of imprisonment by improving the criminal-executive legislation, taking into account the content of its reformatory changes, introduced amendments, prescriptions of the Constitutional Court of Ukraine, provisions of international legal acts, decisions of the ECHR and the precedent practice of the Supreme Court, which are often in the situation dynamic changes and incomplete systematization. The solution to these problems requires the Ministry of Justice of Ukraine to introduce legislative amendments to improve the current criminal-executive legislation, corrections to the functioning of the criminal-executive system, cooperation with state and non-state organizations as part of the proper execution of court decisions regarding convicts in places of imprisonment. Our analysis of the source base of the research proved the need to develop an effective concept of execution of court decisions regarding convicts in Ukraine, as various difficulties arise in practice, the causes of which are both the imperfection of domestic legislation and the reluctance of the staff of the penal institutions to comply with them. The need to introduce changes and additions to the Criminal Procedure Code of Ukraine and the current legal acts of the Ministry of Justice of Ukraine regarding the improvement of the proper execution of court decisions regarding convicts in Ukraine is substantiated. Key words: improvement, execution, court decision, convict, places of imprisonment.

Resocialization of convicts as a strategic goal of the criminal-executive system through the prism of determining the criminal-executive policy

The article presents the author's vision of the problem of resocialization of convicts as a strategic goal for the criminal-executive system, determined by the state's criminal-executive policy. In the course of the research, controversial issues of interpretation of such definitions as: "policy", "anti­criminal policy”, "criminal enforcement policy", "resocialization of convicts" were considered.
 In the process of research, attention is focused on the specifics of the doctrinal definition of a multifaceted social phenomenon - politics, which made it possible to formulate the author's view on the concept of anti-criminal policy. The author proposes to consider it as a practice of subjects authorized by the people of the country to develop the state's general line regarding the impact on crime, which covers the definition of the main concept (strategy) of the directions and means of its implementation, the allocation of the necessary resources for this, and the implementation of control and supervision over its implementation in life
 Based on the given generic concept and modern doctrinal positions, the author formulates an understanding of criminal enforcement policy as a separate type of anti-criminal policy, which is manifested in the activities of authorized subjects to determine strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means their achievement, as well as control and supervision of the process of implementing such plans.
 In the future, taking into account the results of the above analysis of legislative norms regulating the distribution of powers of state bodies in the field of internal policy formation, the author specified the criminal enforcement policy as the activity of the Verkhovna Rada of Ukraine to define strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means for their achievement, as well as the implementation of parliamentary control over the process of implementing such plans.
 The review of the normative essence of the resocialization of convicts through the prism of the given definition of criminal enforcement policy made it possible to reveal its role as a strategic target guide for the punitive mechanism of the state. Further consideration of the legal concept of resocialization of convicts, enshrined in the Criminal Enforcement Law, revealed the fact that its content is presented ambiguously, as well as in general such that it cannot be defined by signs. Based on the results of the research, the author makes a statement about the potential impossibility of the criminal-executive system, no matter what conditions it creates for the correction of convicts, to achieve its strategic goal - the resocialization of persons serving a sentence.

Features of the state regulation of the criminal and executive system

The article is devoted to the study of the peculiarities of the state regulation of the criminal enforcement system. It was determined that there is inconsistency in the approaches of scientists to the interpretation of the general definition of state regulation and in general the absence of sufficiently developed scientific approaches to the study of issues of state regulation of the criminal-executive system. Scientific literary sources related to the concept of “state regulation”, which is highlighted by scientists through various methods and forms, as well as scientific works devoted to the issues of criminal and executive policy, are reviewed. It has been established that the economic and geographical factors, the state of the economy, the standard of living of the population, form a rather complex system, which significantly affects the process of adopting or changing criminal law. It was determined that the criminal-executive policy implemented by the state through a set of regulatory and legal means is a derivative of the criminal-legal policy; the institution of the legal status of convicts serving a sentence of imprisonment is a set of norms of criminal law, which reveal the specifics of the subject of the application of punishment and the subject of life support in places of deprivation of liberty. On the basis of the research, it was established that the state regulation of the activity of the criminalexecutive system is a component of the criminalexecutive policy of the state, conditioned by the main directions of law-making and law-enforcement activities of authorized state bodies in the sphere of implementation of criminal punishment. The authors come to a conclusion regarding the possibility of separating into a separate sub-branch - penitentiary law, a set of norms regulating the procedure for serving criminal punishments associated with isolation from society.

Soviet criminal-executing system as a tool of totalitarianism

Purpose. The purpose of the study is to reveal the legal foundations of the formation of the Soviet criminal-executive system and its qualification as a tool of totalitarianism. Methods. The article uses a set of principles and methods of scientific knowledge, in particular the principles of objectivity and historicism, as well as methods of analysis and synthesis, generalization, legal, formal-legal, system-historical, retrospective analysis, dialectical, phenomenological, hermeneutic and systemic. A theoretical analysis of the concepts of «totalitarianism» and «criminal-executive system» was carried out, approaches to understanding their content among Ukrainian and foreign scientists were considered. Results. The author's understanding of the concept of the criminal-executive system was formed as a set of authorities that were responsible for the execution of criminal punishments and probation and implemented not only an educational and correctional function, but they were a tool of the political regime in the fight against internal opposition. The Soviet criminal-executive system was directly involved in the implementation of the so-called «great terror», and until the 1960s it had a distinct correctional and labor character. Confirmation of the totalitarian character of the criminal-executive system of the Soviet era are the very norms of law that regulated its formation and development. Thus, the ideologues of Bolshevism immediately pointed out the punitive nature of criminal legislation. In the 1930s, in the context of the adoption of emergency legislation and, in particular, the adoption of a number of amendments to the Criminal and Criminal Procedure Codes, the Correctional Labor Code of 1925 lost legal force, and correctional legislation was regulated by the norms of emergency law. The system of execution of punishments was finally regulated only with the adoption of the Correctional and Labor Code of the Ukrainian SSR in 1970. The latter approved a harsh, inhumane system, which focused its attention on the complete exploitation of persons serving sentences. A conclusion has been made about the perspective of studying the Soviet criminal-executive system, in particular in terms of fixing numerous crimes against persons who were serving sentences, rehabilitation of victims of totalitarianism, as well as improvement of the current legislation of Ukraine. Originality. The regularities of the formation and evolution of the criminal-executive system of the Ukrainian SSR have been established, and the signs that allow it to be qualified as totalitarian have been determined. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.

Ukrainian dissidents in the Soviet criminal-executive system

While struggling with captivity, and partial or complete blocking of individual rights and freedoms, the main task for Ukrainian political prisoners was to develop a behavioural strategy to cope with the demands of camp life. In places of detention, there was an inconspicuous consolidation of prisoners along ethnic lines and the type of crime committed. Communities organized based on affinity and similarity of political views often built their own networks of survival and a peculiar ethic of care within the framework of an informal group. The prisoners’ adaptation to the appropriate environment greatly depended on their ability to get accustomed to the prison norms, which contradicted existing norms and regulations, and their attempts to master everyday life through the reproduction of the basic elements of “normal life”. Representatives of the scientific and creative intelligentsia perceived the corrective labour camp as a place to work in extreme conditions. One of the Ukrainian dissidents’ most common creative practices in captivity was literary translations of the world’s classic works of art. The publishing and distribution of camp samizdat were among the most common methods for political prisoners to struggle with the regime. An exhausting daily uncompromising struggle for the status of a political prisoner took an important place in the resistance movement in the camps.Isolated in strict and particularly strict regime camps, psychiatric hospitals, and prisons, members of the Resistance movement developed effective ways of adapting and counteracting the destructive influence of the Soviet penitentiary system. The prisoners managed to preserve the stability of the spirit, the system of values established in freedom, and their own national identity, creating an environment focused on resisting the camp administration through self-education, drafting petitions, statements, protests, hunger strikes, group boycotts, etc.

Historical and legal conditions of functioning and evolution of criminal correspondence institutions in the Ukrainian SSR

Purpose. The purpose of the study is to determine the historical and legal conditions for the development of penal institutions in the Soviet period, their evolution in the context of the transformation of correctional labor legislation, as well as the main types of violations of the rights of persons who served sentences. Methods. The methodological basis of the research was a complex of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. Results. It has been established that in relation to the Soviet criminal-executive system, it is expedient to apply the concept of the penal-correctional system, because from the first years of the formation of Soviet power, the maintenance of persons serving punishment was carried out primarily in labor colonies, and physical labor was understood as the main and effective way of atonement. The first legal act regulating the penal system was adopted on October 23, 1925, the Correctional Labor Code of the USSR, which established the priority of educational tasks for prisoners and the idea of correction of convicts. The Central Directorate of Correctional Labor Camps and Labor Settlements of the NKVD («GULAG») became a certain symbol of Soviet power and a vivid example of the fact that the penal system was totalitarian. Throughout June 1941, we can talk about deliberate acts of terror and mass murders of prisoners in correctional facilities in Western Ukrainian regions. The post-war penal system was a combination of correctional labor colonies, separate camps (detention for a term of three years or more), labor colonies for minors, prisons, and transit and transfer points. The last normative-legal act that consolidated the structure of the Soviet criminal-executive system was adopted in 1970 «Correctional Labor Code of the Ukrainian SSR». Originality. The main stages of the development of the criminal correctional system of the Ukrainian SSR, as well as the historical and legal conditions for the emergence of criminal correctional institutions, have been established. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.

Some aspects of perfecting the system of penitentiary bodies and institutions

Recently, Ukrainian society has been undergoing essential reforms, which were dynamically changing during democratization and humanization, and did not leave the penitentiary institutions aside. The optimization of the penitentiary system itself started in 2017, which allowed obtaining legal and organizational tools for closing unnecessary penitentiary institutions. The purpose of this study was to investigate and analyse the aspects of optimization of the penitentiary system of Ukraine, which currently is one of the equally important social institutions that solves large-scale legal, economic, social, and psychological-pedagogical tasks. Presently, crime stays one of the issues in Ukraine. The study used the general dialectical research method and the formal logical method. The theoretical framework of this paper included the studies of scientists, which contributed to the comprehensive investigation of crime and the development of the mechanism for the proper functioning of the criminal executive system considering its modernization. The study examines the current state of national legislation on the activities of penitentiary institutions in Ukraine, their development concepts and the need to improve innovative technologies borrowed from foreign practices (USA, Great Britain, France) in the activities of penitentiary workers. Ways and proposals for their improvement were formulated. To date, Ukraine has still not fully resolved the problems regarding the mechanism for the protection of human rights in matters of optimization of the system of bodies and institutions for the execution of punishments

Formation of the concept of crisis situation with respect to the criminal executive system

Subject of research: the state of the national security of the Russian Federation directly depends on the degree of implementation of strategic national priorities and the effectiveness of the functioning of the national security system. One of the national priorities of the Russian Federation is the readiness of the forces and means of the Federal Penitentiary Service of Russia to counteract crisis situations that arise in penitentiary institutions. To date, there is no single concept of a crisis situation, which allows us to form this concept in relation to the penitentiary system.
 Purpose of research: based on the analysis of the conceptual apparatus of a crisis situation, to formulate a scientifically substantiated author's concept of this phenomenon in relation to the penitentiary system.
 Methods and objects of research: the article uses such general scientific research methods as: generalization, analysis and synthesis, concretization.
 Main results of research: legislative indicators for the formation of the opinion of federal executive bodies and the need for in-depth development of problems related to the concept of a crisis situation are determined. The stage of developing opinions on fixing the concept under consideration in the normative acts is subjected to a detailed analysis. The legislative introduction of the concept of a crisis situation will make it possible to form a legislative framework and regulate the issues of interaction between the Federal Penitentiary Service of Russia and federal executive authorities.

The impact of the war in Ukraine on the transformational processes of the transition of the criminal executive system into the penitentiary system.

The impact of the war in Ukraine on the transformational processes of the transition of the criminal executive system into the penitentiary system.

Modern means of correction and resocialization of convicted persons

The transition from penalty as the main purpose of punishment to correction of behavior and resocialization of convicted persons in the process of service of punishment requires updating and improvement of the criminalexecutive system of Ukraine, further active development of the probation system in general, and especially penal system. The solution of the existing shortcomings in the sphere of criminal punishment and trial is possible only by means of a consistent system reform based on scientific principles, implemented in practical area, which should be based on the stage-by-stage updating of the existing system to the modern, as transparent and understandable for the public, one of the main tasks of which will be to ensure the observance of human and civil rights. The creation of a scientific foundation for the functioning of such a system is the purpose of this scientific research. According to the set goal, the study uses a combination of both general scientific and special methods and methods of scientific knowledge, the application of which allowed to analyze the range of issues related to the correction and resocialization of convicted persons in a comprehensive manner. The current state of the criminal-executive system of Ukraine now requires updating of theoretical and adapting the legislative base by introducing foreign experience into the Ukrainian system of criminal penalties. Active development requires the system of appointment and execution of alternative punishment. Improving the system should be organized in such a way as to apply punishment to the person who committed the crime, without prejudice to its personality, and on the contrary to promote its full resocialization, which will, as a result, reduce the level of crime. Introduction of modern technologies in the work of bodies and institutions of criminal punishment and probation execution should become one of the key directions of reform implementation.

Ресоциализация или исправление осужденного?

The presented scientific article puts forward and confirms the hypothesis that recently in the science of criminal executive law more and more attention is paid to the process of resocialization of convicts, rather than their correction. The au thors confirm this in their dissertation research (including in the social sciences). Also, this vector is reflected in the Concept of the development of the criminal executive system of Russia until 2020, which often operates with the concept of "resocialization" rather than the concept of "correction". The article also analyzes the legislation of some foreign countries, including the Commonwealth of Independent States, in the sphere of regulating the re-socialization of prisoners sentenced to imprisonment. The authors of the article give a comprehensive description of the process of resocialization, noting its advantage over correction, which can not cover the postpotential sphere. It is indicated that the goal of correction can be achieved, but if the former convict does not solve the issues of adaptation in society, this can lead to postpenitentiary relapse of crimes. That is why it is necessary to create a resocialization system for serving sentences that would guarantee that crimes will not recur. At the same time, attention is drawn to the creation of a progressive system of serving sentences with its gradual introduction of the convicted person to life in freedom. It is argued that the process of re-socialization should be considered from the standpoint of a broad criminological approach, which involves the use of a wide range of means of influencing the personality of the convicted person, including social, psychological, preventive and other, involving various actors in the process and combining their efforts. The author's components (tools) that structurally make up the resocialization of convicts as a system are proposed. In the conclusion of the scientific article, the authors conclude that the legislator should reconsider the attitude to the means of correction, consider them as part of the process of re-socialization, which should include other means, become the main process and go beyond the criminal law and criminal executive nature. The authors declare no conflicts of interests.

On psychological support of young employees of the criminal executive system in the process of adaptation to service activities

On psychological support of young employees of the criminal executive system in the process of adaptation to service activities

Paradigm of the penitentiary system of Ukraine functioning.

The article considers the paradigm of the penitentiary system of Ukraine functioning. The scientific positions of domestic and foreign researchers on the concept of penitentiary system are given. Thanks to a study of the genesis of the paradigm of the functioning of the penitentiary system, four main historical periods have been identified. It has been proved that it is time to transform the criminal-executive system of Ukraine into a penitentiary system. Ways of such transformation are considered. It is stated that the penitentiary system of Ukraine, as an independent sphere of scientific thought and practical activity, dates back to 1991, with Ukraine gaining its independence. By this time, it was located and developed for many centuries in various state institutions. In particular, such as; NKVS of the USSR, Ministry of Justice, Ministry of Internal Affairs, State Department for the Execution of Sentences, State Penitentiary Service. Currently, the penitentiary system is subordinate to the Ministry of Justice of Ukraine. It was noted that at the present stage, the requirements for the scientific validity of the penitentiary system of Ukraine functioning are increasing by transforming its criminal-executive system into a penitentiary one. This is also confirmed not only by theoretically domestic scientists of penitentiaries, but also by the legislative, by the development of the draft Law of Ukraine «On the penitentiary system of Ukraine». There is also an objective need to develop and implement fundamentally new or radically modernized approaches to the functioning of the penitentiary system of Ukraine. The article proved that the negative factor in the development of science is the absence of publications in which the theoretical results of evolution in the field of the «Penitentiary System of Ukraine» would be completely displayed in the form of a terminological hierarchy. The need to establish a rigid terminology system is an integral part of the paradigm of the functioning of the prison system in Ukraine. That is why the definition of the «paradigm of the penitentiary system of Ukraine functioning» remains very relevant. Based on centuries of theoretical and practical experience, it follows that the modern understanding of the paradigm of the penitentiary system of Ukraine functioning was formed under the influence of domestic scientists in the field of criminal and criminal-executive enforcement law, incorporating all their best achievements. Thus, the paradigm of the penitentiary system of Ukraine functioning is a scientific classical technology that provides a theoretical, practical and methodological understanding of the penitentiary system as a state body with organizational power to implement state policy in the field of execution of sentences and probation.

Formation of the penitentiary System of Soviet Ukraine (first half of the 20th century)

The process of organizing and becoming a system of execution of criminal penalties in Soviet Ukraine has been investigated since the Education of the Ukrainian SSR until 1930 - the beginning of the 1950s.; marked the main stages of the development of the state; The main regulatory acts of the structural and organizational activities of the penitentiary system are analyzed. In the 1920s. The Soviet penitentiary system was considered as a composite punitive system of the state and an effective means of combating the «class enemy». At the same time, the system of correctional institutions in Ukraine has not yet been considered as a means of severe punishment in the conditions of isolation from society, and it was also interpreted as an integral part of the condemnation system of convicts in social waste. The system of execution of criminal penalties to which correctional labor camps and general places of detention were determined. Independent subsystems were considered prison institutions (ordinary and investigative prisons), as well as labor colonies for minors and children's educational colonies. It has been established that under the conditions of Stalinism, an extensive network of the criminal executive system was a kind of foundation of totalitarian regime, was in an organic relationship with the administrative command system. The state administration of criminal and executive institutions in the post-war years carried out, and based on the principles of strict control of various departments of the NKVD, NKGB, MJ, Ministry of Internal Affairs.

Стан та тенденції застосування основних засобів виховного впливу на засуджених військовослужбовців

The analysis of military crimes committed from 2014 till 2020, the process of the development of the Armed Forces of Ukraine and a range of issues related to the process of correction and re-socialization of convicted members of the armed forces are represented in the article. Studying and determining the patterns of crimes committed while performing active duty in Ukraine, as well as the educational impact of remedies and re-socialization applied to convicted members of the armed forces is studied insufficiently and needs more attention from scholars. One of the main problems that remains relevant among scholars to this day is the development and implementation of optimal ways to correct convicted members of the armed forces. The state of affairs studied during the Anti-Terrorist Operation on Protection the Independence, Sovereignty and Territorial Integrity of Ukraine in Donetsk and Luhansk Regions showed that the criminal-executive system was not ready for the growth of the number military criminals. Taking into account the specifics of these subjects of criminal offenses, and the rapid development of the Armed Forces of Ukraine, which are in a state of undeclared war with the Russian Federation, we have proposed the necessary measures to correct and re-socialize convicted members of the armed forces in order to meet their needs and protect their rights and interests and, what is most importantly, to develop law-abiding behavior of the personality of a convicted member of the armed forces. The criminological portrait of a military criminal was also considered in the article. The changes through the prism of reforms in the defense sector were analyzed. Moreover, the international experience of studying the problems related to military crimes was analyzed. On the basis of the conducted analysis, corrective measures were proposed. Today, under the influence of legislative changes caused by Ukraine’s movement towards NATO membership, the transformation of the personnel of the Armed Forces of Ukraine was studied, and the ways to address the emerging needs of the members of the armed forces were proposed. Key words: correction, Military law enforcement service, members of the armed forces, offense, punishment, crime.

The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

THE ROLE OF THE PENAL SYSTEM IN THE IMPLEMENTATION OF NATIONAL SECURITY ISSUES

The article is devoted to understanding the place of the penal system in the implementation of certain aspects of national security. Through the analysis of the regulatory framework, the role of the penitentiary system as a modular component of the unified state security system is demonstrated and generalized, including on the basis of its basic tasks and functions. Various aspects of the category "security" in the activities of the penitentiary system are considered." Special attention is paid to various theoretical, legal and applied issues of implementing security functions in the activities of individual divisions of the Federal Penitentiary Service. As a conclusion, it is noted that it is necessary to build a clear algorithm for the activities of the criminal executive system to counteract crime and effectively interact with other elements of the state system of public security.

ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ ОПЕРАТИВНО-РОЗЫСКНОЙ ДЕЯТЕЛЬНОСТИ ПРИ ИСПОЛНЕНИИ НАКАЗАНИЙ, НЕ СВЯЗАННЫХ С ЛИШЕНИЕМ СВОБОДЫ: АНАЛИЗ ЗАКОНОДАТЕЛЬСТВА И ПРАКТИКИ

The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.

Law Enforcement Activities of the Criminal Executive Special Forces Associated with the Use of Coercive Measures

Research prerequisites: Insufficient scientific knowledge of this issue dictates the advisability of considering and studying this topic. For the first time, the article highlights the legal aspects associated with the use of methods of struggle, special means, and military weapons by employees of special-purpose units of the criminal-executive (penitentiary) system of Russia. The paper states that only for the commission of criminal offences, it is possible to use military weapons by special forces units of the Federal Penitentiary Service and special escorting divisions of the criminalexecutive system of the Russian Federation. Purpose of the research: to investigate the law enforcement activities of the penitentiary special forces associated with the use of coercive measures including for criminal offences. Methods: when considering the essence of coercive measures in the law enforcement activities of special-purpose units, the article used the dialectical method. To formulate the conditions for the correct (legal) use of weapons in law enforcement directly by employees of special-purpose units of the Russian penitentiary system, systematized methods were used. The empirical method was used when interviewing special forces officers in the investigated activities. Results and novelty: the scientific result of this article is the first formulated many components aimed at improving the measures of coercion. In particular, the grounds for the correct use of methods of struggle, special means, and military weapons are proposed. The article identifies situations (circumstances) associated with a real threat to the life and health of a special-purpose employee. The negative and positive aspects associated with the use of coercive measures are emphasized.