Legal regulation of operational work in pre-trial detention facilities of the penal system of the Russian Federation

2021 ◽  
pp. 155-156
Author(s):  
Rustam Ruslanovich SHERKHOV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
The Russian Federation ◽  
Detention Facilities

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals Improving the legal regulation of incentive measures and penalties applied to those sentenced to imprisonment

2019 ◽  
Vol 13 (2) ◽  
pp. 249-256
Author(s):  
L. A. Santashova ◽  
◽  
E. A. Khudyakova ◽  
Keyword(s):  
Russian Federation ◽  
Law And Economics ◽  
Scientific Work ◽  
Legal Regulation ◽  
General Term ◽  
Educational Process ◽  
Penal System ◽  
Educational Work ◽  
The Russian Federation ◽  
Current Systems

The article analyzes the current problems of legal regulation and the application of incentives and penalties for convicts serving sentences of imprisonment. The scientific work contains a historical content analysis of the current systems of measures of incentives and penalties in different periods of the historical development of society and the penal system of the Russian Federation. Based on the conducted empirical research among 20 employees - detachment commanders from 13 regions of Russia, undergoing advanced training the program «Organization of educational work» in the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, the authors of the article prepared a number of recommendations and suggestions for improving the current legislation and its application in this area. The article draws attention to the exclusion of ineffective incentives from the penal legislation of the Russian Federation, in particular, the award of a gift and a cash prize. Proposals were made to expand the list of incentive measures to ensure the differentiation and individualization of the sentence of imprisonment. The authors made proposals to improve the penalties applied to those sentenced to imprisonment: to increase the size of the disciplinary penalty, taking into account inflation, not to include the convicted person in a punishment cell and a single chamber type in the general term of serving a sentence, to add the list of penalties. In addition, the article deals with the problems of recognizing a convict as a malicious violator of the established order of punishment. The results of the study can be used in the educational process in the study of legal disciplines, in the law enforcement practice of employees of the penal system of the Russian Federation, as well as for further research in this area.

scholarly journals On improving administrative and legal regulation in the field of staffing the bodies and institutions executing criminal sentences

2021 ◽  
Vol 1 (11) ◽  
pp. 117-120
Author(s):  
R.V. NAGORNYKH ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Reform ◽  
Penal System ◽  
Personnel Policy ◽  
The Russian Federation ◽  
Current Stage

The article is devoted to the problem of improving administrative and legal regulation in the field of staffing of the penal system in the current stage of administrative reform in our country. The author substantiates proposals on the need to adopt new Concept for the development of the penal system until 2030 and the Concept of personnel policy of the penal system until 2030.The approval of these documents should be considered as the most important practical direction for a new stage of administrative reform, due to the amendments to the Constitution of the Russian Federation in 2020.

scholarly journals On certain aspects of preventing non-fulfillment or improper fulfillment of obligations by suppliers under state contracts for the supply of food for the needs of the penal system of the Russian Federation

2021 ◽  
Vol 234 (11) ◽  
pp. 32-45
Author(s):  
EDWARD S. KARPOV ◽  
◽  
SVETLANA V. KOMISSAROVA ◽  
VITALY V. AVDEEV ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Legal Regulation ◽  
Practical Significance ◽  
Penal System ◽  
The Public ◽  
Judicial Practice ◽  
Food Procurement ◽  
Logical Method ◽  
The Russian Federation

The article deals with the problem of fulfilling the terms of state contracts for the supply of food for the needs of the penal system of the Russian Federation, associated with the receipt of low-quality products by customers. The subject of the study was the materials of judicial practice, accompanying documents of territorial bodies of the FPS of Russia, Russian civil legislation, scientific literature on the topic under study. The purpose of the work is to reveal and analyze the gaps in the legal regulation of food procurement for the needs of the penal system of the Russian Federation based on the materials of judicial practice. The practical significance of the work lies in identifying the difficulties in planning the public procurement to ensure the activities of the penal system in the event of non-performance or improper performance of obligations by suppliers. The methodological basis of the work was formed by the structural and logical method, methods of analysis, synthesis, comparison, induction. As a result of the work carried out, a comparative table of the terms of settlement of civil disputes between customers and suppliers of low-quality food products is presented, the problems affecting the proper execution of state contracts in the field of food procurement are highlighted, specific recommendations of the terms that can be included in the state contract with the aim of preventing unscrupulous food suppliers from participating in procurement are formulated. Key words: penal system, purchase of goods (works, services), contract system, provision for state needs, unscrupulous supplier, goods of inadequate quality.

scholarly journals On some problems of fight against religious extremism in the penal system of the Russian Federation

2019 ◽  
Vol 13 (3) ◽  
pp. 355-360
Author(s):  
V. V. Khruleva ◽  
◽  
I. S. Maslov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Negative Influence ◽  
Religious Organizations ◽  
Penal System ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Impact

The article is devoted to the spread of religious extremism and its counteraction in the penal system of the Russian Federation. The ratio of different points of view of theorists on the topic of religious extremism is given. The article deals with the peculiarities of the legal regulation of the constitutional right to freedom of religion and the activities of the state to prevent and combat the spread of religious extremism in the penal system of Russia. The article highlights the problem of recruitment of new members of extremist and terrorist organizations and the spread of destructive religious teachings. The analysis of the causes and consequences of the penetration of destructive religious organizations into the penal institutions of the Russian Federation is carried out. Attention is drawn to the specifics of the development of religious extremism characteristic of the penal system of Russia, taking into account the impact of norms of criminal behavior on prisoners. The duality of influence of religion as positive character is reflected, so examples of negative influence of the destructive religious organizations on persons serving punishment and the subsequent commission of illegal actions by them are given. The article deals with the issues that reveal the features of the activities of prison staff with persons convicted of crimes of extremist and terrorist nature. The possible ways of their solution, which the staff of the penal system have to face in their daily activities are given.

SOME PROBLEMS THAT ARISE IN REMAND PRISON ACTIVITIESFOR ACTIONS AIMED AT DETECTION AND SEIZUREOF MOBILE COMMUNICATION FACILITIES

2021 ◽  
pp. 53-60
Author(s):  
Светлана Валентиновна Михеева ◽  
Денис Владимирович Шлепанов
Keyword(s):  
Russian Federation ◽  
Mobile Communication ◽  
Penal System ◽  
X Ray ◽  
Detention Centers ◽  
Communication Devices ◽  
The Russian Federation ◽  
Metal Detectors ◽  
The Moment ◽  
Detention Facilities

Одним из проблемных вопросов, возникающих при функционированнии следственных изоляторов в России, является наличие в незаконном пользовании у лиц, содержащихся под стражей, запрещенных к использованию, хранению и приобретению предметов, в частности средств мобильной связи, а также апгрейдов, обеспечивающих их более широкий спектр действия и работу. В целях обеспечения наиболее качественного выполнения служебных задач по предупреждению поступления в незаконное пользование лицам, изолированным от общества и содержащимся в следственных изоляторах, средств мобильной связи помимо установленного на контрольно-пропускных пунктах по пропуску людей оборудования, использующегося для досмотра, в ряде учреждений широко применяются рентген-установки для досмотра как личных вещей, так и ручной клади. Кроме того, на объектах оборудованы отсекающие тамбуры, используемые для хранения личных вещей сотрудников учреждения и лиц, его посещающих. Несомненно, обеспечение учреждений обозначенными техническими средствами финансово затратно, учитывая сокращение финансирования ФСИН России, при этом фактов проноса запрещенных предметов на территорию следственных изоляторов меньше не становится. Проникновение запрещенных предметов на территорию следственных изоляторов УИС происходит, как правило, в уязвимых для этого местах (сокрытие под одеждой, в медицинских протезах и т. д.). Передача или попытка передачи запрещенных предметов, изделий и веществ признается оконченным правонарушением в тот момент, когда совершены действия, прямо направленные на их доставку, то есть они были пронесены на территорию режимного объекта. One of the most urgent problems of the activity of the investigative isolators of the Penal System of the Russian Federation is the fight against the entry of prohibited items into places of detention, especially mobile communication devices and their accessories. In order to increase the effectiveness of activities aimed at preventing the entry of prohibited items into the territory of pre-trial detention facilities in the penitentiary system, in addition to stationary metal detectors, x-ray scanners are installed at checkpoints for the inspection of personal belongings and hand Luggage. Facilities for storing personal belongings of the staff of the institution and persons who arrived to visit it are provided at the facilities of the penitentiary system in parallel with the cut-off vestibules of the checkpoint. Of course, providing institutions that execute sentences with these technical means is financially costly, given the reduction in funding for the Federal penitentiary service of Russia. However, there are no fewer cases of prohibited items being brought into the territory of pre-trial detention facilities. The penetration of prohibited items into the territory of pre-trial detention centers of the penal system usually occurs in vulnerable places (hiding under clothing, in medical prostheses, etc.). the Transfer or attempt to transfer prohibited items, products and substances is considered a completed offense at the moment when actions directly aimed at their delivery are committed, that is, they were carried into the territory of a secure facility.

scholarly journals Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
Aleksei V. Agarkov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligence-gathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim: to work out proposals to improve national intelligence-gathering legislation by reviewing intelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’s intelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Key words: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

scholarly journals Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust

2021 ◽  
Vol 15 (3) ◽  
pp. 635-641
Author(s):  
Svetlana V. Zavitova ◽  
Nataliya A. Mel’nikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Logical System ◽  
Judicial Practice ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Selection Of

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.

scholarly journals Manifestation of Furor as an Element of a Gross Violation of the Regime in Places of Deprivation of Liberty

2020 ◽  
pp. 75-79
Author(s):  
Andrey A. Pavlenko ◽  
◽  
Andrey N. Gordopolov ◽  
Keyword(s):  
Russian Federation ◽  
Correctional Facility ◽  
Legal Regulation ◽  
Penal Code ◽  
Penal System ◽  
Security Measures ◽  
Physical Force ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, when executing a sentence of imprisonment, officials of the penal system often encounter convicts who show gross disobedience, including via furor. The increase in the number of acts of violence against staff performing their official duties illustrates a situation that requires legal regulation. Penal legislation has no clear definition of the concept “furor”. It is only mentioned in Part 1 of Article 86 of the Penal Code of the Russian Federation. The discrepancy between the norms of the law of the Penal Code of the Russian Federation and the law on institutions and bodies on the application of security measures to convicts in furor reduces the effectiveness of the response actions of the penal system employees. For the formation of the most complete understanding of the concept “convict’s furor”, scientific works are analyzed; A.V. Brilliantov presents the most complete concept. The etymological meaning of the term is established. The history of the formation of the term “furor” in medical encyclopedias and reference books, and in the norms of law in the period from the end of the 19th century to the present is considered. A hypothesis is made that repeated malicious disobedience may be in the form of manifesting furor. A connection between the concepts of malicious violation of the sentence serving regime and the manifestation of furor in the norms of the Penal Code of the Russian Federation is noted. Part 1 of Article 86 of the Penal Code of the Russian Federation mentions malicious disobedience to legal requirements, which is similar in content to Part 1 of Article 116 of this code, in which one of the malicious violations of the sentence serving regime is “a threat, disobedience to representatives of the administration of a correctional facility and their insult in the absence of signs of a crime”. As a result, two ways of solving the problem of inconsistency of the grounds for the application of security measures in the RF Penal Code and in the law on institutions and bodies are proposed. The first way is to exclude the term “manifestation of furor” from the list of grounds for applying security measures in the RF Penal Code. The second is defining the term “manifestation of furor” in the norms of law and its consolidation as the basis for the use of physical force and special means in the law on institutions and bodies.

Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
ALEKSEI V. AGARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligencegathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim:to work out proposals to improve national intelligence-gathering legislation by reviewingintelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’sintelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Keywords: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

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