Criminal Executive System Research Articles

Досвід деяких країн із підготовки засуджених до звільнення з місць позбавлення волі

In the article, on the example of foreign countries, the issues of preparation for the release of prisoners from places of imprisonment are being investigated. It is argued that to date, in the criminal-executive policy of Ukraine, the work of the convicts is not fully carried out, aimed at positive social adaptation, in connection with which a qualitative reform of the criminal-executive system is necessary. It is noted that such organization of the process of preparation of prisoners for dismissal will be effective, which will eliminate as many as possible post-penitentiary problems. Such problems are proposed to be divided into external (objective) and internal (subjective). For example, countries such as the Federal Republic of Germany and the Federal Republic of Austria have analyzed the implementation of the right of prisoners of conscience. It has been found that the work of convicts in these countries is mandatory and is included in the list of evaluation criteria for implementing an individual correction program. Convicts are provided with work based on their specialty, and those who do not have a profession get it in the institution. The certificate of obtaining a profession is made in such a way that it is impossible to know that it has been obtained in places of deprivation of liberty. The example of Switzerland is concerned with the employment of prisoners, where, in order to increase their chances in the labor market after their release, there is not a single monopoly on the basis of prisons and colonies, and a large number of workshops, which are not taxed partly. The attention is drawn to the experience of the United Kingdom and the Federal Republic of Germany, which are aimed at full educational adaptation. The experience of Japan, the Republic of Azerbaijan and the Federal Republic of Germany in providing sheltered prisoners after release has also been analyzed. It has been determined that transitional homes in these countries, as well as dormitories for convicts, in which they have the opportunity of temporary residence, are determined. On the basis of the analyzed material, conclusions were made regarding the necessity of introducing a positive foreign experience, namely: effective use of the convicts, which will enable them to achieve such positive changes in their personality, which will facilitate the return to independent socio-normative life in society; the need to provide convicts with specialized workplaces after release from places of detention, to consolidate the skills acquired there; the need for education by convicts, which should become a mandatory point of correctional work with them; provision of temporary residents for imprisonment after being released from places of deprivation of liberty in order to facilitate their orientation to the will and to allow adjustment for a certain period of time.

The Concept and Classification of Remedies for Convicts: Problematic Issues of Legislative Regulation

In presented article the author attempts a comprehensive analysis of the purpose of the penal law, as the correction of convicts, as well as its fixed assets. The relevance of the chosen topic actual the fact that the search for new ways and means of correction of convicts is one of the modern trends of reforming criminal-executive system. The aim of correction condemned is secured in the criminal and criminal-executive legislation, however, in the literature it is a lot of debate. A controversial issue is the consolidation of the list of fixed assets of correction condemned, to which the authors propose to assign treatment, psychological work, etc. the purpose of correction condemned, and therefore the study of this process more actual in terms of rising every year numbers of recidivism. Because the rate of recidivism is directly linked to the effectiveness of the correctional institutions of the penal system. In this paper, the analysis includes consideration of different points of view of scientists on the concept of «rehabilitation of offenders», the identification of shortcomings of this concept and proposal author. The second focus of the study is the question of the classification of fixed assets of correction condemned, and also fastening of additional means of correction in the penal law. In the preparation and writing of scientific articles were used methods of analysis and synthesis, as well as the dialectical method of scientific knowledge. In conclusion, the author summarizes the main results of the conducted research and proposes a concept of prisoners, the classification of assets corrections for basic and optional.

FORMATION OF THE PRISON FORTRESSES SYSTEM IN THE KHARKIV REGION IN THE FIRST HALF OF THE 19th CENTURY

The article is devoted to the early history of the criminal-executive system of the Kharkiv region. It analyzes the process of the Kharkiv prison fortress system formation and functioning of the first penal establishments for holding the convicts sentenced to imprisonment.

Textual-dialogical approach to the development of humanistic person interaction ability of cadets - prospective penal-executive system employees

The article is devoted to the problem of training a future employee of the penal system, which is able to build relationships with surrounding people, including people who have transgressed the law and who serve punishment on humanistic grounds. The urgency of humanistic interaction in the conditions of the criminal executive system is argued from the position of the idea: a person by nature - i.e. initially, essentially - good. The author proposes a definition of a humanistic interaction between a cadet and a future employee of the criminal executive system with a person as a special type of relationship that fixes the understanding of the values and actions of another person; actualizing moral, humanistic values; reflecting the content of their own actions and actions in relation to the other; reflecting the perception of the spiritual world of another person. The textual-dialogical approach in education is presented as a learning strategy, as an educational technology, as a scientific approach. The content of the textual-dialogical approach to the development of cadets-future employees of the penal-executive system ability for humanistic interaction with a person is revealed through the content of the concepts text and dialogue. It is justified that the texts presented to cadets while developing their ability should, firstly, contain such knowledge, which, speaking in the meaning of humanistic values, allows students to interact with other people on the basis of these values; secondly, to meet the criteria of significance, accessibility and credibility. It is shown that, in the context of dialogues, cadets acquire personal experience of humanistic interaction with other people, which allows them to choose a humanistic oriented sense of dialogical interaction with another, find ways of interaction with another person that are adequate for this situation, and reflect their attitude to another.

CONCEPTUALIZATION MEANING «EFFECTIVENESS OF CRIMINAL-EXECUTIVE SYSTEM ACTIVITY»

Urgency of the research. In conducting research into the activities of the criminal-executive system, arises the question of the possibility of studying this sphere as an economic component, which will form a certain production environment. Target setting. The criminal-executive system requires the development of a criterial system for evaluating the effects of its activities on different vectors. Recent researches and publication analysis. The study of the problematic aspects of the economic efficiency of the criminal-executive system is devoted to the works of E. Bunov, A. Demidov, O. Pogudin, N. Matveeva, I. Shmarov and other scientists. Uninvestigated parts of general matters defining. Taking into account the experience of foreign countries and the reforms taking place in Ukraine, there is a need for expanded views on the criminal-enforcement system through the prism of economic and social efficiency. The research objective. The main aim of this scientific publication is to reveal the content and necessity of studying the socio-economic efficiency of the functioning of the criminal-executive system through the identification of key factors for assessing the consequences of its activities. The statement of basic materials. The criminal-executive system, as a socio-economic system, that possesses specific features and features of the economic system and ensures the production of public wealth. Today, investigating the concept of efficiency from the point of view of the useful final result of the social systems functioning which includes law enforcement agencies, and including bodies and institutions of criminal-executive system. At the present stage, the development of a methodology for evaluating efficiency is a priority task for improving the management of the criminal-executive system as a whole, and its organs and institutions in particular. An objective system evaluation serves as the basis for determining the priority of the factors of effectiveness and the evaluation of the performance of the organs and penitentiary institutions and the quality of their management. Conclusions. The effectiveness of the criminal-executive system is to reduce social and economic losses from crime, taking into account the budget expenditures for financing law enforcement agencies. Correction of the convict should be considered as a condition, an instrument for reducing socio-economic losses of society from crime.

DRUG PROVISION OF HIV INFECTED CRIMINALS IN INSTITUTIONS OF CRIMINAL-EXECUTIVE SYSTEM OF KRASNODAR REGION

The rapid spread of human immunodeficiency virus (HIV) leads not only to loss of health in persons held in penitentiary institutions, but also to an increase in material costs for drug coverage of the infected, causing the deficit in the budget of the Russian Federation. The aim of the study is the investigation of the problems in drug supply of HIV-infected people and to search for their solutions. Materials and methods . The investigation was conducted on the basis of statistic data, medical statements and accounting to reports of the penitentiary medical organization using methods of analysis, documentary observation, grouping and comparison of data. Results and discussion . It has been established that in institutions of the penal system the number of HIV-infected criminals continues to grow rapidly. It has been determined that currently in the criminal-executive system (CES) of Kuban’ only 5 classes of antiretroviral drugs out of the 10 classes represented on the Russian pharmacy market are used. Hereby the greatest number of drugs used in prison medical organization for conducting antiretroviral therapy (ARVT), are classified as “Nucleoside reverse transcriptase inhibitors” and “Protease Inhibitors”, and other classes of art drugs are represented by only one international nonproprietary name (raltegravir, enfuvirtide, etravirine). Drug treatment of socially significant infectious diseases is supplied centrally and completely satisfies regional needs. The structure of suppliers has been identified and determined. In 2016 the main suppliers were Joint-stock companies (JSC) “National Immunobiological Company” and “R-PHARM”. An acute shortage of drugs for opportunistic infections due to insufficient funding has also been determined. The necessity for urgent replacement of material-technical base in prison pharmacies for compliance with the rules of storage of medicines which can ensure their safety was identified. The imperfection of accounting medicines and urgent necessity of the centralization system of personified registration were revealed. Real needs in funding increasing and the establishment of Central pharmacy were identified. Conclusion. The revealed deficiencies indicate a critical need for opening Central pharmacy in the territorial bodies of the criminal-executive system and establishing a centralized system of personified registration of medical property, as well as improving the process of medical record keeping and the increase in funding.

The Pronciple of a Progressive System of Serving the Sentence of Deprivation of Liberty

The current policy of the Russian Federation in the Penal sphere stems from the need for a humane attitude to persons, breaking a law. The achievement of the goals for improving the efficiency of institutions and bodies implementing sentences and reduce recidivism of crimes committed by persons who have served their sentence, the concept of development of the penal correction system of the Russian Federation up to the year 2020 is associated with the development of the legislation and subsequent implementation in practice a set of measures focus on social adaptation of convicts. The vast majority of the principles enshrined in the Penal Enforcement Code of the Russian Federation are implemented in practical activities of the institutions and bodies of criminal executive system. The scientific literature provides quite detailed approaches to the concept and classification of the principles of the criminal-executive law and legislation. Individual scien-tists-penitenciarists distinguish principles of independent institutes and the criminal-executive law, for example the institute of changes in terms of serving the sentence of deprivation of liberty. There is a lack of legal regulation, and accordingly the application within the specified legal institution for the principle of a progressive system of serving the sentence of deprivation of liberty. The authors justify the urgency and necessity of introducing the principle of a progressive system of serving imprisonment in penal enforcement legislation make proposals to improve the given industry. Structurally, the article consists of several parts. In part one of this article, the authors explore the concept and classification of the principles of law generally and criminal-executive law in particular. In the second part of the article the authors analyze the concept and the essence of modern progressive system serving the sentence of deprivation of liberty, and are considering various approaches of scientists-penitenciarists to the issue. In the third part of the article they justify the proposals submitted in the Criminal-Executive legislation of the Russian Federation associated with the principle of a progressive system of serving imprisonment.

SCREENING INSPECTIONS IN EDUCATIONAL ORGANIZATIONS OF THE RUSSIAN FEDERAL PENITENTIARY SERVICE

The paper is devoted conducting the screening inspections in educational establishments of the Federal Penitentiary Service of Russia. Conducting special psychophysiological researches in such educational institutions is the most effective method of preventing the criminal-executive system from admitting the students with mercenary motivation, promt to addictive forms of behavior as early as at the stage of professional selection. The paper considers the «risk factors» that could hinder future penitentiary system staff’s successful execution of their official duties defame their honour and dignity.The paper analyzes the results of the screening researches of the applicants of Kuzbass Institute of the FPS of Russia, which allowed implementing organizational and competence questions. 15 % of the entrants manifested the proof reaction to such meaningful stimuli, as: the use of psychoactive and narcotic substances is with non-medical aims; disorder of conduct, related to the use of alcohol; misconducts petty offences for which the applicant was not charged; steady forms of the aggressive reacting in conflict situations; addiction to games and gambling.The results may allow the polygraph specialists to conduct the procedure of psychophysiological examination with a plygraph at a higher level both due to the procedure of testing and taking in the account the age-dependent features of the respondents.The further study of the material examined in the paper should be directed on upgrading students’ educational and official activity, preventing their commitment of offences, providing competent security of the penitentiary system in general.

Роль методов и технологии управления в охране прав и свобод лиц, осужденных к лишению свободы

Objective: to form the science-based knowledge about the place and the role of technology and methods of management system in solving the problems of the penal system, in the sphere of protection of the rights and freedoms of the imprisoned. Methods: universal dialectic method of cognition, analysis, analogy, and systemic-structural and abstract-logical methods. Results: it was found that the combination of structural elements of the Federal Execution Service of Russia, whose activities are, in one way or another, aimed at enabling prisoners to use their rights and freedoms, has a systemic character. It was determined that the efficiency of functioning of any system, including the criminal-executive, is provided by managing it (its elements). The crucial role of the used methods and technologies is shown. The opinion is formed and justified that their skilled application in the management of the criminal-executive system will improve the efficiency of solving its tasks, including in the sphere of protection of the rights and freedoms of the imprisoned. Scientific novelty: the attempt to examine the role of technology and management practices in the functioning of the system ensuring protection of the rights and freedoms of the imprisoned. Practical significance: the main provisions and conclusions of the article can be used both in scientific and practical activities of managers of different levels and units of the penal system to address the challenges they face, including on the protection of the rights and freedoms of the imprisoned.

Historical and legal analysis of the regulation of the problem of serving a sentence of imprisonment of pregnant women and women with young children

This article is devoted to studying the problem of serving a sentence of imprisonment of pregnant women and women with young children. In view of maloizuchennyh of the subject and its increasing relevance in modern conditions of development of the penitentiary system attempts to review and to analyze the degree of attention of state authorities, the criminal-Executive system and the public to the problem at different stages of historical development: from pre-revolutionary times to the present day. The statistics showing the number of women and children in prison from 2003 to 2014 and the influence of serial humanization of punishment in the form of deprivation of freedom for statistical data.

FEATURES OF THE PROCESS MODEL FOR PENITENTIARY EDUCATION SYSTEM DIVERSIFICATION

The article covers features of the process model for penitentiary education system diversification. Issues of prison inmate education are of contemporary relevance over the past 30 years since criminal-executive system has undergone a number of changes due to changes and amendments to criminal laws and rules of proceedings, including those affected by international standards, European Prison Rules ensuring the rights of imprisoned persons to education. Russian criminal-executive, court supervision and correctional system adopted to have been implemented till 2020 provides qualitative changes in approaches related to practices of serving sentences and measures to prevent recidivism.Creating a set of incentives for social adaptation of a special group of inmates, while serving their sentences and after it, is the basic category in the range of initiatives that currently have been considered in terms of developing penitentiary system. One of the most significant ones among them is the incentive to take advantage of the educational opportunities available to them in prison.

THE SPECIFICITY OF THE PRODUCTION ACTIVITY IN THE CRIMINAL-EXECUTIVE SYSTEM

A new stage of development of the criminal executive system, according to the approved by the Government of the Russian Federation the Concept of development of the criminal executive system of the Russian Federation up to 2020, aims to its priorities, one of which is the direction of the development of the criminal executive system (the CES) in the sphere of employment and vocational training of convicts. The industrial sector of the CES is one of the leading domestic producers. One cannot consider the management of industrial and economic activity of correctional institutions related to the use of the labor of convicts, as usual industrial enterprise of commercial direction. Factors, which narrow production and employment opportunities of the correctional institutions, are considered in the special literature. It should be noted that works, devoted to the study of this problem, not a lot of. As a rule, the authors, who study this question in a broader context, either in relation to specific elements of the production unit of the correctional institution as a system. Relevance, social-owned subsidiary of the importance and the lack of full scientific readiness of the issues of specificity of production activities in the penitentiary system and its improvement as a factor of increasing efficiency of activity identified the importance of the chosen research theme. In the article the authors reveal the specifics of functioning of the production activities in prisons. Invited to the author's understanding of the features of economic activities of the criminal executive system. Marked by the attractiveness of the penitentiary system and the most promising, in our view, the direction of development. DOI: http://dx.doi.org/10.12731/2218-7405-2013-4-11

Drug resistant form of tuberculosis in penitentiary system of Kazakhstan in 2008-2009

This paper presents the results of comparative analysis of data of epidemiological surveillance of drug resistant tuberculosis (TB) in civil and penitentiary system of public health in Kazakhstan during 2008-2009. The authors intended to clarify main priorities in detection and diagnostics of TB with multidrug resistance in penitentiary settings. As a result of the study, the practical recommendations are suggested such as developing bacteriological service, performing relevant investigation of patients before treatment using drug sensitivity testing (DST), organizing proper treatment of patients in settings of criminal executive system considering the DST results.

European Norms on the Protection of Human Rights: On the Development of Russian Human Rights Legislation

AbstractThis article examines the problems concerning the observance by the Russian Federation of European conventions, in particular the European Convention on Human Rights and the European Convention for the Prevention of Torture. In recent years, there has been a signifi cant breakthrough in the development of Russian legislation in light of human rights' principles and standards laid down by the Council of Europe. At the same time, the implementation of European standards in the law enforcement area has been carried out at a distinctly slow pace, particularly in relation to the criminal–executive system (where the first tentative steps towards the reform of penitentiary institutions have only been recently taken), the rights of migrants and refugees, the protection of the rights of armed forces personnel, and human rights in Chechnya. This article analyses the problems involved in the legal and judicial protection of human rights in Russia as well as issues concerning the restriction of citizens' rights in special circumstances (such as war or a state of emergency) and the protection of social rights. Lastly, the creation of a unifi ed legal space for human rights in the Russian Federation will also be discussed.