Federal Penitentiary Service ( FSIN of Russia)
- a federal executive body subordinate to the Ministry of Justice of the Russian Federation, which exercises law enforcement functions, functions of control and supervision in the field of execution of criminal penalties in relation to convicted persons, functions of maintaining persons suspected or accused of committing crimes, and defendants in custody, their protection and escort, as well as the functions of monitoring the behavior of probationers and convicts who have been granted a deferment by the court.
The Federal Penitentiary Service was created to execute sentences and to detain suspects, accused, and convicted persons. All places of deprivation of liberty in Russia are subordinate to the service. Control over conditionally convicted persons, persons sentenced to correctional and compulsory labor, as well as restriction of freedom is carried out by the penal inspections of the Federal Penitentiary Service of Russia. The Federal Penitentiary Service of Russia is a legal entity and has its own seal with the image of the State Emblem of the Russian Federation and its name, other seals, stamps and forms of the established form, as well as accounts opened in accordance with the legislation of the Russian Federation. The official holiday of service is the Day of the Penitentiary System Worker, celebrated on March 12 (approved by Decree of the President of the Russian Federation of November 16, 2010 No. 1433).
Federal Penitentiary Service | |
( FSIN of Russia) | |
Flag of the Federal Penitentiary Service of Russia | |
Emblem of the Federal Penitentiary Service of Russia | |
general information | |
A country | Russia |
date of creation | 2004 |
Predecessor agency | Main Directorate for the Execution of Punishments of the Ministry of Justice of Russia |
Higher department | Ministry of Justice of the Russian Federation |
Headquarters | 119991, Moscow , Zhitnaya st., 14 55°43′52″ s. w. 37°36′56″ E. d. HGYAO |
Number of employees | 225284 |
Director | Kornienko, Gennady Alexandrovich |
Key documents | Law of the Russian Federation dated July 21, 1993 No. 5473-1 “On institutions and bodies executing criminal penalties in the form of imprisonment” Regulations “On the Federal Penitentiary Service” Decree of the President of the Russian Federation dated March 21, 2005 No. 317 “On some issues of the Federal Penitentiary Service” » |
Website | www.fsin.su |
Festive uniform of the Federal Penitentiary Service of Russia
Story
Until 2005, there was the Main Directorate for the Execution of Punishments (GUIN) of the Ministry of Justice of Russia, to which the penal system was transferred from the bodies of the Ministry of Internal Affairs of Russia during the 1998 reform on the basis of Decree of the President of the Russian Federation No. 904 “On the transfer of the penal system to the Ministry of Internal Affairs” affairs of the Russian Federation under the jurisdiction of the Ministry of Justice of the Russian Federation,” and which, in turn, during the administrative reform of 2004-2005 was transferred to the specially created Federal Penitentiary Service, which is under the patronage of the Ministry of Justice of Russia.
Tasks and powers
The main tasks of the Federal Penitentiary Service of Russia are:
1) execution of criminal penalties in accordance with the legislation of the Russian Federation, detention of persons suspected or accused of committing crimes, and defendants (hereinafter referred to as persons in custody);
2) control over the behavior of those sentenced to punishments and measures of a criminal legal nature without isolation from society;
3) ensuring the protection of the rights, freedoms and legitimate interests of convicted persons and persons in custody;
4) ensuring law and order and legality in institutions executing criminal penalties in the form of imprisonment (hereinafter referred to as institutions executing punishments) and in pre-trial detention centers, ensuring the safety of convicts held there, persons in custody, as well as employees of the penal system , officials and citizens located in the territories of these institutions and pre-trial detention centers;
5) protection and escort of convicted persons and persons in custody along established escort routes, escort of citizens of the Russian Federation and stateless persons to the territory of the Russian Federation, as well as foreign citizens and stateless persons in the event of their extradition;
6) creation of conditions of detention for convicts and persons in custody that comply with the norms of international law, the provisions of international treaties of the Russian Federation and federal laws;
7) organization of activities to provide assistance to convicts in social adaptation;
management of territorial bodies of the Federal Penitentiary Service of Russia and directly subordinate institutions.
Authority
To carry out the tasks facing the service, it is vested with the following powers, enshrined in paragraph 7 of the Regulations:
Authority
Bodies of the penal system of the Ministry of Justice of the Russian Federation
The execution of court convictions involving imprisonment is carried out by correctional institutions (correctional colonies, educational colonies,
prisons, medical correctional institutions, pre-trial detention centers - pre-trial detention centers), and sentences related to correctional labor - penal inspections.
Currently, correctional institutions that carry out sentences of imprisonment have been transferred from the Russian Ministry of Internal Affairs to the jurisdiction of the Russian Ministry of Justice. This is not new for Russia. More than a hundred years ago, since 1895, the Main Prison Directorate was under the jurisdiction of the Ministry of Justice. This was the case until 1922. We are talking about more than 800 correctional and educational colonies, 190 prisons and pre-trial detention centers, as well as enterprises and medical institutions.
The legal basis for the activities of correctional institutions is the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment” dated July 21, 1993 with subsequent amendments and additions, the Regulations on the Main Directorate for the Execution of Sentences of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of the Russian Federation dated March 24, 1999 No. 56. The regime for serving the sentence is regulated by the Criminal Executive Code of the Russian Federation of 1997 (PEC RF).
The penal system (hereinafter referred to as the penal system) consists of: the central body of the penal system; territorial bodies of the penal system; institutions (correctional colonies, educational colonies, prisons, medical correctional institutions, pre-trial detention centers) and enterprises.
The central body of the penal system - the Main Directorate for the Execution of Punishments of the Ministry of Justice of the Russian Federation (GUIN of the Ministry of Justice of Russia) is an independent structural unit of the Ministry of Justice, ensuring the organization of the implementation of legislation on the activities of the penal system. The structure and staff of the GUIN are approved by the Minister of Justice of the Russian Federation within the limits of the number allocated by the Government of the Russian Federation.
The structure of the GUIN includes units that organize the execution of sentences in the form of imprisonment, detention of suspects accused of committing crimes, defendants, convicts in respect of whom a guilty verdict has been passed that has not entered into legal force; departments of security, operational, security, pre-trial detention centers and prisons, operational and technical [8] measures, technical measures, educational work with convicts, convoys and special transportation, legal department, department of engineering and technical support, communications and weapons; personnel department for work with personnel, educational institutions and research institutions; production management, chief engineer's management, financial and economic, logistics and economic support, accounting and reporting, medical management; organizational management, secretariat.
In the interests of developing the social sphere of the penal system and attracting convicts to work, the GUIN has the right to create enterprises of any organizational and legal forms, participate in their creation and activities as a founder, shareholder or investor, as well as manage them.
The main tasks (goals) of the GUIN activities are:
ensuring the organization of implementation of the legislation of the Russian Federation on the activities of the penal system;
organization of the execution of criminal penalties in the form of imprisonment, as well as exceptional punishment, placement and transfer of convicted persons (prisoners);
organization of detention of suspects and accused of crimes;
ensuring law and order and legality in institutions executing punishments in the form of imprisonment, pre-trial detention centers, the safety of personnel, officials and citizens located on the territory of these institutions, convicts held in them, as well as the protection of penitentiary facilities;
organization of escort of convicts (prisoners) and special transportation;
organization of attracting convicts to work in their own production facilities of institutions executing punishments, as well as as individual entrepreneurs in the enterprises of institutions executing punishments, etc.;
ensuring proper conditions for serving sentences, protecting the health of convicts and prisoners;
organization of general and vocational education and vocational training for convicts;
assistance to bodies carrying out operational investigative activities in identifying, preventing, solving and investigating crimes;
ensuring the execution of acts of amnesty and pardon;
organizing work on the selection and placement of officials of penal system departments, determining their rights and job responsibilities, educational work with personnel, their professional training, ensuring legal and social protection, personal safety of penal system employees and their family members. In 1998, the penal system had more than 300 thousand employees.
The GUIN and its divisions are financed for special purposes from the federal budget. The Decree of the Government of the Russian Federation established that the financing of the penal inspections of the Ministry of Justice of Russia is carried out from funds received by the federal budget as a result of deductions from the salaries of those sentenced to correctional labor. If these funds are insufficient, the Ministry of Justice is allowed to allocate part of the federal budget funds allocated for the maintenance of the penal system to finance penal inspections.
Directly (central) subordinate to the GUIN are the territorial bodies of the penal system, institutions, enterprises and other organizations (research, design, medical, educational, etc.) that are part of the penal system.
The territorial bodies of the penal system directly manage colonies, prisons, pre-trial detention centers located in a certain territory (as a rule, coinciding with the administrative-territorial division of the state), provide departmental control over their activities, and distribute convicts to institutions.
Colonies and prisons are correctional institutions that directly execute punishment. Enterprises are organized and operate under them. Pre-trial detention centers provide detention for suspects who have been subject to a preventive measure in the form of detention.
If we talk about the main directions of activity of the penal system bodies, then based on the analysis of the tasks assigned to them, in a generalized form they can be reduced to four groups.
Firstly, they keep accused and suspects in pre-trial detention centers, and convicts in prisons, correctional or educational colonies (the latter for juvenile convicts) in accordance with the requirements of the law; carry out educational work among convicts in order to restore social justice, correct them and prevent them from committing new crimes (Part 2 of Article 43 of the Criminal Code of the Russian Federation); For the same purposes, they carry out their vocational training. Over the past 40 years, 40 million people have passed through places of deprivation in the country.
Secondly, the production activities of these bodies are always of no small importance, and especially in a market economy. If we keep in mind their systematic underfunding, it becomes clear that well-established production and economic activities at the enterprises of penal institutions contribute to their “survival” and the successful achievement of the goals of punishment. For this reason, there are difficulties in providing prisoners and convicts with food.
Thirdly, in pre-trial detention centers and colonies, operational investigative activities are carried out in accordance with the Federal Law “On Operational Investigative Activities”. It is aimed at identifying, preventing, suppressing and solving crimes, as well as identifying and identifying persons who prepare them, commit them or have committed them on the territory of penal institutions, solving other crimes in cooperation with other bodies carrying out operational investigative activities.
Finally, the bodies executing punishment also carry out criminal procedural activities.
The Russian Ministry of Justice is carrying out certain work in each of these areas. The measures taken contribute to the normalization of the procedure and conditions for the execution and serving of sentences, the determination of means of correction for convicts, and the provision of assistance to them in social adaptation.
Speaking about the legal status of employees of institutions and bodies of the penal system, it should be noted that employees of internal affairs bodies transferring to serve in institutions and bodies of the penal system of the Ministry of Justice of the Russian Federation, as well as persons re-entering service in these institutions and bodies, are subject to the Regulations on service in the internal affairs bodies of the Russian Federation until the adoption of the federal law on service in the penal system of the Ministry of Justice of Russia. In accordance with this, employees of internal affairs bodies who transfer to serve in institutions and bodies of the penal system of the Ministry of Justice of Russia retain special ranks, terms of service, and other social guarantees. Persons newly entering the service are assigned special ranks provided for by the Regulations on Service in the Internal Affairs Bodies of the Russian Federation.
Supervision over the activities of the penal system bodies of the Ministry of Justice of Russia is carried out by the specialized prosecutor's office for supervision of compliance with laws in correctional institutions. Each prosecutor's office oversees the activities of several correctional institutions.
Conclusions
Based on the material presented in the work, the following conclusions can be drawn.
Today, the main tasks of the Russian Ministry of Justice are: implementation of state policy in the field of justice; ensuring the rights and legitimate interests of the individual and the state; ensuring legal protection of intellectual property; ensuring the established procedure for the activities of courts; ensuring the execution of acts of judicial and other bodies; ensuring the execution of criminal penalties.
Thus, justice today ensures three major reforms in the state: legal, judicial and criminal executive. The implementation of these priority tasks is intended to contribute to the establishment of the legal foundations of the Russian state and to raising the authority of Russian government bodies.
The modern Ministry of Justice is a multidisciplinary federal executive body that heads a unified, centralized system of bodies and institutions of justice of the Russian Federation.
Today, the Ministry of Justice of the Russian Federation (Ministry of Justice of Russia) is a federal executive body that carries out state policy and manages the field of justice, as well as coordinating the activities of other federal executive bodies in this area.
The legal status of the Ministry of Justice of Russia is determined by the Federal Constitutional Law “On the Government of the Russian Federation” of December 17, 1997, the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of August 2, 1999 No. 954, and some other regulatory legal acts.
Structurally, the Ministry of Justice of the Russian Federation includes departments, departments, and other structural units, which are managed by chiefs appointed by ministers, and the largest ones are by Deputy Ministers of Justice, appointed and dismissed [9] by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. It is easy to discover that the structural structure of the central apparatus of the Russian Ministry of Justice is determined by the tasks and functions assigned to it at the present stage.
The Russian Constitution of 1993 established a unified system of federal executive power, providing for the possibility of creating its own territorial bodies. Taking into account the new tasks and powers, the Ministry of Justice, it would seem, should have become a kind of standard for other federal departments. However, it itself needed reform, the development of a mechanism for its interaction with its territorial bodies in the constituent entities of the Russian Federation. In 2000, in accordance with the presidential policy of strengthening the vertical power, the Ministry of Justice created federal justice departments in all seven federal districts. The territorial bodies of justice were also reformed: they were removed from subordination to the regional leadership. This strengthens the principles of unity of command in the Ministry of Justice system. However, the final status of the judicial authorities must be enshrined in the relevant federal law.
The district territorial body of the Ministry of Justice of the Russian Federation is the Federal Directorate of the Ministry of Justice of the Russian Federation for the Federal District.
The most popular bodies of the Ministry of Justice are: the bailiff service, which received the status of a federal executive body and entered into the system of the Ministry of Justice of the Russian Federation, as well as the criminal executive system, which is an integral part of the system of law enforcement agencies
List of used literature
Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993.
Federal Law “On Operational Investigative Activities[10]”.
Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated June 17, 1997. No. 122-FZ.
Federal Law “On Bailiffs”.
Federal Law “On Enforcement Proceedings”.
Regulations on the Ministry of Justice of the Russian Federation.
Decree of the President of the Russian Federation “On the transfer of the penal system to the Ministry of Internal Affairs of the Russian Federation” dated July 28, 1998. No. 904 // NW RF. 1998. No. 30. Article 3613.
Bobrov V.K. Bodies of justice of the Russian Federation today // Legality. – 2002. – No. 10. – P.33-36.
Kondrashov B.P. Bailiff service: history and modernity // Journal of Russian Law. – 2003. – No. 2. – P.14-19.
Kononov O.V., Kokarev Yu.G. Law enforcement agencies. – M.: Jurist, 2003. – 345 p.
Lukichev Yu.A., Vakhmistrova S.I. Law enforcement agencies. – St. Petersburg: Peter, 2003. – 548 p.
The Ministry of Justice is ready to tackle new challenges. P.V. answers the editor’s questions. Krashennikov // Journal of Russian Law. – 2003. – No. 12. – P.14-18.
Bodies and institutions of justice /Series “Textbooks and teaching aids”. - Rostov n/d: Phoenix, 2002. – 608 p.
Ryzhakov A.P. Law enforcement agencies: Textbook for universities. – M.: BEK, 2001. – 432 p.
Savyuk L.K. Law enforcement: Textbook. – M.: Jurist, 2002. – 509s
[1] Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993
[2] Federal Law “On Operational Investigative Activities”
[3] Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated June 17, 1997. No. 122-FZ.
[4] Federal Law “On Enforcement Proceedings”.
[5] Regulations on the Ministry of Justice of the Russian Federation.
[6] Decree of the President of the Russian Federation “On the transfer of the penal system to the Ministry of Internal Affairs of the Russian Federation” dated July 28, 1998. No. 904 // NW RF. 1998. No. 30. Article 3613
[7] The Ministry of Justice is ready to solve new problems. P.V. answers the editor’s questions. Krashennikov // Journal of Russian Law. – 2003. – No. 12. – P.14-18.
[8] Bodies and institutions of justice / Series “Textbooks and teaching aids”. - Rostov n/d: Phoenix, 2002. – 608 p.
[9] Kondrashov B.P. Bailiff service: history and modernity // Journal of Russian Law. – 2003. – No. 2. – P.14-19.
The execution of court convictions involving imprisonment is carried out by correctional institutions (correctional colonies, educational colonies,
prisons, medical correctional institutions, pre-trial detention centers - pre-trial detention centers), and sentences related to correctional labor - penal inspections.
Currently, correctional institutions that carry out sentences of imprisonment have been transferred from the Russian Ministry of Internal Affairs to the jurisdiction of the Russian Ministry of Justice. This is not new for Russia. More than a hundred years ago, since 1895, the Main Prison Directorate was under the jurisdiction of the Ministry of Justice. This was the case until 1922. We are talking about more than 800 correctional and educational colonies, 190 prisons and pre-trial detention centers, as well as enterprises and medical institutions.
The legal basis for the activities of correctional institutions is the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment” dated July 21, 1993 with subsequent amendments and additions, the Regulations on the Main Directorate for the Execution of Sentences of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of the Russian Federation dated March 24, 1999 No. 56. The regime for serving the sentence is regulated by the Criminal Executive Code of the Russian Federation of 1997 (PEC RF).
The penal system (hereinafter referred to as the penal system) consists of: the central body of the penal system; territorial bodies of the penal system; institutions (correctional colonies, educational colonies, prisons, medical correctional institutions, pre-trial detention centers) and enterprises.
The central body of the penal system - the Main Directorate for the Execution of Punishments of the Ministry of Justice of the Russian Federation (GUIN of the Ministry of Justice of Russia) is an independent structural unit of the Ministry of Justice, ensuring the organization of the implementation of legislation on the activities of the penal system. The structure and staff of the GUIN are approved by the Minister of Justice of the Russian Federation within the limits of the number allocated by the Government of the Russian Federation.
The structure of the GUIN includes units that organize the execution of sentences in the form of imprisonment, detention of suspects accused of committing crimes, defendants, convicts in respect of whom a guilty verdict has been passed that has not entered into legal force; departments of security, operational, security, pre-trial detention centers and prisons, operational and technical [8] measures, technical measures, educational work with convicts, convoys and special transportation, legal department, department of engineering and technical support, communications and weapons; personnel department for work with personnel, educational institutions and research institutions; production management, chief engineer's management, financial and economic, logistics and economic support, accounting and reporting, medical management; organizational management, secretariat.
In the interests of developing the social sphere of the penal system and attracting convicts to work, the GUIN has the right to create enterprises of any organizational and legal forms, participate in their creation and activities as a founder, shareholder or investor, as well as manage them.
The main tasks (goals) of the GUIN activities are:
ensuring the organization of implementation of the legislation of the Russian Federation on the activities of the penal system;
organization of the execution of criminal penalties in the form of imprisonment, as well as exceptional punishment, placement and transfer of convicted persons (prisoners);
organization of detention of suspects and accused of crimes;
ensuring law and order and legality in institutions executing punishments in the form of imprisonment, pre-trial detention centers, the safety of personnel, officials and citizens located on the territory of these institutions, convicts held in them, as well as the protection of penitentiary facilities;
organization of escort of convicts (prisoners) and special transportation;
organization of attracting convicts to work in their own production facilities of institutions executing punishments, as well as as individual entrepreneurs in the enterprises of institutions executing punishments, etc.;
ensuring proper conditions for serving sentences, protecting the health of convicts and prisoners;
organization of general and vocational education and vocational training for convicts;
assistance to bodies carrying out operational investigative activities in identifying, preventing, solving and investigating crimes;
ensuring the execution of acts of amnesty and pardon;
organizing work on the selection and placement of officials of penal system departments, determining their rights and job responsibilities, educational work with personnel, their professional training, ensuring legal and social protection, personal safety of penal system employees and their family members. In 1998, the penal system had more than 300 thousand employees.
The GUIN and its divisions are financed for special purposes from the federal budget. The Decree of the Government of the Russian Federation established that the financing of the penal inspections of the Ministry of Justice of Russia is carried out from funds received by the federal budget as a result of deductions from the salaries of those sentenced to correctional labor. If these funds are insufficient, the Ministry of Justice is allowed to allocate part of the federal budget funds allocated for the maintenance of the penal system to finance penal inspections.
Directly (central) subordinate to the GUIN are the territorial bodies of the penal system, institutions, enterprises and other organizations (research, design, medical, educational, etc.) that are part of the penal system.
The territorial bodies of the penal system directly manage colonies, prisons, pre-trial detention centers located in a certain territory (as a rule, coinciding with the administrative-territorial division of the state), provide departmental control over their activities, and distribute convicts to institutions.
Colonies and prisons are correctional institutions that directly execute punishment. Enterprises are organized and operate under them. Pre-trial detention centers provide detention for suspects who have been subject to a preventive measure in the form of detention.
If we talk about the main directions of activity of the penal system bodies, then based on the analysis of the tasks assigned to them, in a generalized form they can be reduced to four groups.
Firstly, they keep accused and suspects in pre-trial detention centers, and convicts in prisons, correctional or educational colonies (the latter for juvenile convicts) in accordance with the requirements of the law; carry out educational work among convicts in order to restore social justice, correct them and prevent them from committing new crimes (Part 2 of Article 43 of the Criminal Code of the Russian Federation); For the same purposes, they carry out their vocational training. Over the past 40 years, 40 million people have passed through places of deprivation in the country.
Secondly, the production activities of these bodies are always of no small importance, and especially in a market economy. If we keep in mind their systematic underfunding, it becomes clear that well-established production and economic activities at the enterprises of penal institutions contribute to their “survival” and the successful achievement of the goals of punishment. For this reason, there are difficulties in providing prisoners and convicts with food.
Thirdly, in pre-trial detention centers and colonies, operational investigative activities are carried out in accordance with the Federal Law “On Operational Investigative Activities”. It is aimed at identifying, preventing, suppressing and solving crimes, as well as identifying and identifying persons who prepare them, commit them or have committed them on the territory of penal institutions, solving other crimes in cooperation with other bodies carrying out operational investigative activities.
Finally, the bodies executing punishment also carry out criminal procedural activities.
The Russian Ministry of Justice is carrying out certain work in each of these areas. The measures taken contribute to the normalization of the procedure and conditions for the execution and serving of sentences, the determination of means of correction for convicts, and the provision of assistance to them in social adaptation.
Speaking about the legal status of employees of institutions and bodies of the penal system, it should be noted that employees of internal affairs bodies transferring to serve in institutions and bodies of the penal system of the Ministry of Justice of the Russian Federation, as well as persons re-entering service in these institutions and bodies, are subject to the Regulations on service in the internal affairs bodies of the Russian Federation until the adoption of the federal law on service in the penal system of the Ministry of Justice of Russia. In accordance with this, employees of internal affairs bodies who transfer to serve in institutions and bodies of the penal system of the Ministry of Justice of Russia retain special ranks, terms of service, and other social guarantees. Persons newly entering the service are assigned special ranks provided for by the Regulations on Service in the Internal Affairs Bodies of the Russian Federation.
Supervision over the activities of the penal system bodies of the Ministry of Justice of Russia is carried out by the specialized prosecutor's office for supervision of compliance with laws in correctional institutions. Each prosecutor's office oversees the activities of several correctional institutions.
Conclusions
Based on the material presented in the work, the following conclusions can be drawn.
Today, the main tasks of the Russian Ministry of Justice are: implementation of state policy in the field of justice; ensuring the rights and legitimate interests of the individual and the state; ensuring legal protection of intellectual property; ensuring the established procedure for the activities of courts; ensuring the execution of acts of judicial and other bodies; ensuring the execution of criminal penalties.
Thus, justice today ensures three major reforms in the state: legal, judicial and criminal executive. The implementation of these priority tasks is intended to contribute to the establishment of the legal foundations of the Russian state and to raising the authority of Russian government bodies.
The modern Ministry of Justice is a multidisciplinary federal executive body that heads a unified, centralized system of bodies and institutions of justice of the Russian Federation.
Today, the Ministry of Justice of the Russian Federation (Ministry of Justice of Russia) is a federal executive body that carries out state policy and manages the field of justice, as well as coordinating the activities of other federal executive bodies in this area.
The legal status of the Ministry of Justice of Russia is determined by the Federal Constitutional Law “On the Government of the Russian Federation” of December 17, 1997, the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of August 2, 1999 No. 954, and some other regulatory legal acts.
Structurally, the Ministry of Justice of the Russian Federation includes departments, departments, and other structural units, which are managed by chiefs appointed by ministers, and the largest ones are by Deputy Ministers of Justice, appointed and dismissed [9] by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. It is easy to discover that the structural structure of the central apparatus of the Russian Ministry of Justice is determined by the tasks and functions assigned to it at the present stage.
The Russian Constitution of 1993 established a unified system of federal executive power, providing for the possibility of creating its own territorial bodies. Taking into account the new tasks and powers, the Ministry of Justice, it would seem, should have become a kind of standard for other federal departments. However, it itself needed reform, the development of a mechanism for its interaction with its territorial bodies in the constituent entities of the Russian Federation. In 2000, in accordance with the presidential policy of strengthening the vertical power, the Ministry of Justice created federal justice departments in all seven federal districts. The territorial bodies of justice were also reformed: they were removed from subordination to the regional leadership. This strengthens the principles of unity of command in the Ministry of Justice system. However, the final status of the judicial authorities must be enshrined in the relevant federal law.
The district territorial body of the Ministry of Justice of the Russian Federation is the Federal Directorate of the Ministry of Justice of the Russian Federation for the Federal District.
The most popular bodies of the Ministry of Justice are: the bailiff service, which received the status of a federal executive body and entered into the system of the Ministry of Justice of the Russian Federation, as well as the criminal executive system, which is an integral part of the system of law enforcement agencies
List of used literature
Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993.
Federal Law “On Operational Investigative Activities[10]”.
Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated June 17, 1997. No. 122-FZ.
Federal Law “On Bailiffs”.
Federal Law “On Enforcement Proceedings”.
Regulations on the Ministry of Justice of the Russian Federation.
Decree of the President of the Russian Federation “On the transfer of the penal system to the Ministry of Internal Affairs of the Russian Federation” dated July 28, 1998. No. 904 // NW RF. 1998. No. 30. Article 3613.
Bobrov V.K. Bodies of justice of the Russian Federation today // Legality. – 2002. – No. 10. – P.33-36.
Kondrashov B.P. Bailiff service: history and modernity // Journal of Russian Law. – 2003. – No. 2. – P.14-19.
Kononov O.V., Kokarev Yu.G. Law enforcement agencies. – M.: Jurist, 2003. – 345 p.
Lukichev Yu.A., Vakhmistrova S.I. Law enforcement agencies. – St. Petersburg: Peter, 2003. – 548 p.
The Ministry of Justice is ready to tackle new challenges. P.V. answers the editor’s questions. Krashennikov // Journal of Russian Law. – 2003. – No. 12. – P.14-18.
Bodies and institutions of justice /Series “Textbooks and teaching aids”. - Rostov n/d: Phoenix, 2002. – 608 p.
Ryzhakov A.P. Law enforcement agencies: Textbook for universities. – M.: BEK, 2001. – 432 p.
Savyuk L.K. Law enforcement: Textbook. – M.: Jurist, 2002. – 509s
[1] Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993
[2] Federal Law “On Operational Investigative Activities”
[3] Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated June 17, 1997. No. 122-FZ.
[4] Federal Law “On Enforcement Proceedings”.
[5] Regulations on the Ministry of Justice of the Russian Federation.
[6] Decree of the President of the Russian Federation “On the transfer of the penal system to the Ministry of Internal Affairs of the Russian Federation” dated July 28, 1998. No. 904 // NW RF. 1998. No. 30. Article 3613
[7] The Ministry of Justice is ready to solve new problems. P.V. answers the editor’s questions. Krashennikov // Journal of Russian Law. – 2003. – No. 12. – P.14-18.
[8] Bodies and institutions of justice / Series “Textbooks and teaching aids”. - Rostov n/d: Phoenix, 2002. – 608 p.
[9] Kondrashov B.P. Bailiff service: history and modernity // Journal of Russian Law. – 2003. – No. 2. – P.14-19.
Management
The Federal Penitentiary Service of Russia is headed by the director of the Federal Penitentiary Service, who is appointed and dismissed by the President of the Russian Federation.
The director of the service is allowed to have six deputies, including one first deputy. Deputy directors are also appointed and dismissed by the President of the Russian Federation.
Director
- Yuri Ivanovich Kalinin (December 15, 2004, No. 1555-August 3, 2009, No. 898);
- Alexander Alexandrovich Reimer (August 3, 2009, No. 899-June 25, 2012, No. 885);
- Gennady Aleksandrovich Kornienko (since June 25, 2012, No. 886).
Deputy Directors
Current deputies:
- Rudy Anatoly Anatolyevich, First Deputy Director of the Federal Penitentiary Service, Lieutenant General of the Internal Service, appointed by Decree of the President of the Russian Federation dated March 10, 2014 No. 132.
- Korshunov Oleg Adolfovich, Deputy Director of the Federal Penitentiary Service, Actual State Councilor of the Russian Federation 2nd class, appointed by Decree of the President of the Russian Federation dated March 10, 2014 No. 132.
- Boyarinev Valery Gennadievich, Deputy Director of the Federal Penitentiary Service, Lieutenant General of the Internal Service, appointed by Decree of the President of the Russian Federation dated June 8, 2015 No. 292.
- Maksimenko Valery Aleksandrovich, Deputy Director of the Federal Penitentiary Service, Major General of the Internal Service , appointed by Decree of the President of the Russian Federation dated April 12, 2016 No. 177.
and termination of possession.
The placement of an employee in the disposal is formalized by an order of the authorized head (head) of the institution or body of the penal system with simultaneous release from the position being filled, with the exception of the following cases (clauses 4, 5 of the Procedure for placement in the disposal).
Situation | Features of enrollment |
Secondment to federal government bodies, other government bodies or organizations | Employees are placed at the disposal of the director of the Federal Penitentiary Service at the end of the secondment period. |
Suspension of service in the penal system | Employees are placed at the disposal of the institutions and bodies of the penal system in which they served immediately before its suspension, by order of the head (chief) of the institution or body of the penal system that issued the order to suspend the employee's service in the penal system, after the end of the suspension of service by the employee in the penal system |
Completion of training at an educational organization of the Federal Penitentiary Service or expulsion from it before the end of training | Cadets, students, adjuncts and doctoral students are relieved of positions filled, expelled from the educational organization in connection with the end of training or for other reasons and sent to the place of further service in the relevant institution or body of the penal system by order of the head (chief) of the educational organization, as a rule, with granting leave upon completion of studies at an educational organization |
The order to enroll an employee in the order shall indicate:
1) the basis for enrollment;
2) the date of enrollment in the order (if such a date is not specified in the order, the date of enrollment in the order is the date of issue of the corresponding order);
3) information on the composition of the monetary allowance during the period of being at the disposal of the institution or body of the penal system in accordance with clause 23 of Art. 2 of Law No. 283-FZ;
4) the name of the institution or body of the penal system where the employee is assigned;
5) a manager (boss) authorized to give instructions to an employee (manager authorized to give instructions).
The employee must be familiarized with the order within five working days from the date of its publication or the day of receipt by the institution or body of the penal system at the place of service. If the employee is absent from duty, the order is sent to him by registered mail at his place of residence on the next working day after the expiration of five working days.
If an employee refuses to familiarize himself with the order, a corresponding act is drawn up.
Termination of an employee's employment is formalized by order of the authorized manager:
- on the appointment of an employee to a position;
- about his transfer to service in another institution or body of the penal system;
- on enrollment for full-time study, postgraduate study, doctoral studies in an educational organization of higher education of the Federal Penitentiary Service or a scientific organization of the Federal Penitentiary Service;
- on secondment to federal government bodies, other government bodies or organizations;
- about enrollment on another basis;
- on suspension of service in the penal system;
- about dismissal from service in the penal system.
Structure of the Federal Penitentiary Service
Central office
The central office of the Federal Penitentiary Service of Russia has 19 departments that exercise their powers in the main areas of the service:
- Main Operations Directorate
- Department of Detention Centers of Central Subordination
- Department for organizing the execution of sentences not related to the isolation of convicts from society
- Department of Sentence Execution and Special Accounting
- Department of Educational, Social and Psychological Work
- Department of Organization of Production Activities and Labor Adaptation of Convicts
- Department of Engineering, Technical and Information Support, Communications and Weapons
- Department of Internal Security
- Department of Regime and Supervision
- Security and escort department
- Case management
- Department of Planning and Organizational and Analytical Support
- Legal Department
- Personnel Department
- Financial and economic management
- Logistics Department
- Department of Capital Construction, Real Estate, Operation and Repair
- Department of Health Care Organization
- Department for the Protection of State Secrets
Units directly subordinate to the Federal Penitentiary Service of Russia
- Main Directorate for Supporting the Activities of Operational Units
- Main Center for Engineering, Technical Support and Communications
- Center for State Property and Housing Services
- Research Institute of Information Technologies
- Research Institute
- Department of Motor Transport
- Main Clinical Center for Medical and Social Rehabilitation
- Central logistics and military supply base
- Central Regulatory and Technical Laboratory
- 7 pre-trial detention centers under central subordination
- Center for providing educational work
- Educational organizations of higher professional education
- 3 sanatoriums
- United edition
- Main Center for Hygiene and Epidemiology
- Federal unitary enterprises Penitentiary Service of Russia
Federal State Institution “United Editorial Office of the Federal Penitentiary Service of Russia”
The federal government (until September 2008 - state) institution "United Editorial Office of the Federal Penitentiary Service of Russia" was formed in 1999 on the basis of the editorial office of the magazine "Crime and Punishment", as a result of its withdrawal from the Federal State Institution "United Editorial Office of the Ministry of Internal Affairs of the Russian Federation" and inclusion in the penal system of the Ministry of Justice of the Russian Federation. It is the successor to the previously published magazines “Towards a New Life” (1960-1981), “Education and Law and Order” (1981-1992), “Crime and Punishment” (from 1992 to the present).
He publishes the magazines “Crime and Punishment” and “Gazette of the Penitentiary System”, the newspaper “Kazyonny Dom”, as well as various official and reference literature of the Federal Penitentiary Service .
Editorial staff (as of March 2013):
- Head of the Department of the Federal Penitentiary Service of Russia - E. E. Lukyanova
- Chairman of the Editorial Board - G. A. Kornienko
Educational institutions of the Russian penal system
The UIS includes 8 higher educational institutions (with 7 branches):
- Federal State Educational Institution of Higher Professional Education (FKOU VPO) “Academy of Law and Management of the Federal Penitentiary Service” (Academy of the Federal Penitentiary Service of Russia), Ryazan. Kirov branch of the Federal State Educational Institution of Higher Professional Education "Academy of Law and Management of the Federal Penitentiary Service"
- Pskov branch of the Federal State Educational Institution of Higher Professional Education "Academy of Law and Management of the Federal Penitentiary Service""
- Ivanovo branch of the Vladimir Law Institute of the Federal Penitentiary Service
- Far Eastern branch of the Federal State Educational Institution of Higher Professional Education "Kuzbass Institute of the Federal Penitentiary Service"
- Lipetsk branch of the Federal State Educational Institution of Higher Professional Education "Voronezh Institute of the Federal Penitentiary Service"
The UIS also includes:
- 74 training centers and points;
- "St. Petersburg Institute for Advanced Training of Employees of the Federal Penitentiary Service of Russia";
- "Research Institute of the Federal Penitentiary Service";
- "Research Institute of Information and Production Technologies" (with 3 branches).
Territorial bodies of the penal system
The Federal Penitentiary Service of Russia includes 81 territorial bodies:
Main departments of the Federal Penitentiary Service for subjects of the federation (11)
Directorates of the Federal Penitentiary Service for the subjects of the federation (68)l
Departments of the Federal Penitentiary Service by constituent entities of the federation (2)
Each territorial department of the Federal Penitentiary includes Special Purpose Departments (hereinafter referred to as “Special Forces”). Special units of the Federal Penitentiary Service of Russia. Currently they are called “Special Purpose Departments”. OSN FSIN of Russia was created on November 13, 1990. The tasks of the units include the prevention and suppression of crimes and offenses at the facilities of the Federal Penitentiary Service , the search and capture of especially dangerous criminals, ensuring security at special events, the release of hostages taken by convicts, as well as the protection of senior officials of the department, participation in anti-terrorism operations. Today there are about 70 units, each of which has its own name. Some of them:
- Vulcan - special purpose department of the Federal Penitentiary Service for the Republic of Kabardino-Balkaria;
- Yastreb - special purpose department of the Federal Penitentiary Service for the Republic of Mari El;
- Akula is the base special purpose department of the Federal Penitentiary Service of Russia in the Krasnodar Territory;
- Guardian - special purpose department of the Federal Penitentiary Service of Russia for the Chuvash Republic - Chuvashia;
- Iceberg - special purpose department of the Federal Penitentiary Service of Russia for the Murmansk region (until 2003 it had the name “Lynx”);
- Typhoon is the base special purpose department of the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region;
- Kodar - special purpose department of the Federal Penitentiary Service of Russia for the Trans-Baikal Territory;
- Bars - special purpose department of the Federal Penitentiary Service of Russia for the Volgograd region;
- Mongoose is a special purpose department of the Federal Penitentiary Service of Russia for the Rostov region.
- Monomakh is a special purpose department of the Federal Penitentiary Service of Russia in the Vladimir region.
Brief characteristics of the penal system
As of December 1, 2016, 633,826 people were kept in institutions of the penal system. (-12,259 people by the beginning of the year), including:
— 522,717 people served their sentences in 717 correctional colonies. (-2,131 people), including:
In 126 settlement colonies, 33,927 people served their sentences. (+ 2,575 people);
in 6 correctional colonies for those sentenced to life imprisonment and persons for whom the death penalty was commuted by pardon to imprisonment, 1,999 people served their sentences. (+ 44 people);
- 107,756 people were kept in 217 pre-trial detention centers and 101 premises functioning as a pre-trial detention center in colonies. (-10,003 people);
— 1,715 people served their sentences in 8 prisons. (-80 people);
— in 24 juvenile correctional colonies -1,638 people. (-45 people).
There are 49,749 women (-2,954 people) in institutions, including 40,692 convicts held in correctional colonies, medical correctional institutions, medical institutions and 9,057 people held in pre-trial detention centers and premises operating in regime of pre-trial detention centers in colonies. There are 13 children's homes in women's colonies, where 580 children live.
Medical care for convicts and persons under investigation is provided by 133 hospitals of various profiles, as well as medical units or health centers in each institution, 56 medical correctional institutions for patients with tuberculosis, 9 medical correctional institutions for patients with drug addiction.
The UIS also includes:
81 federal government institution "Criminal Execution Inspectorate" and 2,403 of their branches, which are registered with 406,948 people sentenced to punishments not related to isolation from society, and 5,409 people suspected and (or) accused of committing crimes while under house arrest;
38 federal state unitary enterprises under the jurisdiction of the Federal Penitentiary Service of Russia, 566 labor adaptation centers for convicts, 80 production workshops.
At correctional institutions there are 312 evening (shift) general education schools and 489 educational and consulting centers, 307 federal government-owned vocational educational institutions, 642 places of worship: 485 temples, 77 chapels, 6 bell towers (belfries) of the Russian Orthodox Church, 61 Islamic mosques, 10 Buddhist dugans , 3 RCC churches; more than 700 prayer rooms.
The concept for the development of the Russian penal system until 2030 was approved.
The Government of the Russian Federation published Order No. 1138-r on the approval of the Concept for the development of the Russian penal system for the period until 2030, which is planned to be implemented in two stages.
The document summarizes the activities of the penal system in the period from 2010 to 2022. Among them, in particular, are the following improvements: the period of serving a sentence of imprisonment includes the time spent in custody before the court verdict enters into legal force; convicts are given the right to independently apply to the court for release from serving their sentence; a procedure has been established for granting and conducting meetings between suspects and accused persons in custody with their representatives in the European Court; the amount of money allowed to be spent monthly by convicts on the purchase of food and basic necessities has been increased, etc.
Among the challenges facing the penal system, among other things, are the strengthening of measures aimed at preventing the spread of extremism in its institutions, the development of a network of correctional centers that ensure the execution of sentences in the form of forced labor, and the improvement of the system for assessing the effectiveness of the system.
The concept lists a number of main guidelines for the development of the penal system until 2030. In particular, it is planned to create a united institution in one region or on an interregional basis, within which it is planned to concentrate correctional institutions and pre-trial detention centers in a single center. At the same time, it is planned to modernize and unify existing technologies in the field of ensuring the regime and developing the production sector, as well as to provide a client-centric approach to creating conditions for the detention of convicts, suspects and accused, providing meetings with their relatives, carrying out the activities of lawyers and public organizations, including equipping premises for providing visits, as well as for the activities of courts, prosecutors of the Russian Federation, investigators, including equipment of premises for the implementation of their activities.
To ensure the rights and legitimate interests of suspects and accused, as well as to create appropriate conditions of detention in pre-trial detention centers, it is proposed to expand the lists of additional paid services and items that prisoners can carry, store, receive in parcels and transfers, and also purchase by bank transfer. In addition, it is planned to improve the systems of incentives and penalties; expand the list of serious diseases that prevent detention; improve the provision of medical care; create conditions for persons in custody to exercise outside their cells.
In turn, the creation and development of an effective probation system in Russia involves consolidating the institution of probation at the legislative level until 2024, defining its functions, the list of tasks and powers of state authorities and local self-government; assignment of appropriate powers to penal inspections in terms of providing assistance in matters of employment, provision of housing, psychological and legal assistance to persons released from serving their sentences on parole. At the second stage (until 2030), it is planned to provide assistance to persons released from prison in employment and everyday life. In correctional centers and isolated areas functioning as correctional centers, by 2024 a multiple increase in the placement of prisoners sentenced to forced labor is expected, and by 2030 - in full.
In order to expand the practice of attracting the relevant category of convicts to work, it is expected that the business community will participate in their employment at enterprises, including during the construction of large facilities, as well as involvement in work to clean up the territory of the Arctic zone of the Russian Federation from pollution (production and consumption waste).
Lawyer of AB "A2K" Dmitry Khomich believes that the concept is characterized by a systematic approach to fairly clearly defined problems and challenges. “However, this is what any Concept looks like when worked on by professionals familiar with the issues. Therefore, what is important is what its implementation will be,” he noted.
According to the expert, now a colossal problem is the obvious lack of places to meet with a client in custody. “Queues of lawyers in pre-trial detention centers are a well-known problem that has existed for many years. The meeting rooms themselves are an example of conditions in which it is practically impossible to work and conduct high-quality preparation of the defense position. I also believe that the Concept lacks an important component, namely the understanding that criminal punishment is not only the imposition of certain restrictions, including freedom, but also an attempt to invite a person to form a different idea of the scale of values, the result of which was his attraction to criminal liability. The ability to rethink relations with the outside world is the most important condition for the correction of a person, for his subsequent socialization,” Dmitry Khomich is convinced.
He added that often professionals with significant experience and knowledge in rather rare areas of human activity end up in prison. “Currently, there is no mechanism under which a talented, experienced and skillful specialist could not only fully realize his potential, but also bring significant benefit to society and contribute to compensation for the damage caused. It would be very good if the authors of the Concept thought about the possibility of maximizing the full use of human potential, taking into account all the difficult objective conditions within the framework of the execution of criminal punishment,” the lawyer believes.
Lawyer, public assistant to the Commissioner for Human Rights of the Perm Territory Sergei Trutnev believes that the document illustrates the good dreams of representatives of the Federal Penitentiary Service of Russia: “Manageability, scale, profitability - these are the three main principles embedded in the Concept.”
According to the expert, the “red thread” that runs through the entire document is the following idea: “working convicts are very good.” “Apparently, the authors of the Concept really want to get cheap labor, which is extremely ineffective by its nature. Please note: prisoners are planned to be involved in work in the Arctic - their work is going to be assessed on preferential terms. Personally, this idea reminds me of the construction of the Gulag in modern conditions; it is not clear where this novel will lead. Perhaps, in this regard, a special article will appear in the RF Penal Code, which will undermine the current system. The work of a convicted person is still not an employment relationship. To this day, work in the North has not brought convicts any special benefits,” emphasized Sergei Trutnev.
Employees
The staffing level of the penal system, financed from the federal budget, is 295,967 people, including 225,284 certified employees. (except for the variable composition -6,326 people).
Medical care for personnel is provided by 50 medical and social rehabilitation centers, 7 hospitals, 75 military medical commissions and 3 sanatoriums.
The penal system includes 7 institutions of higher education with 1 branch, 3 institutes for advanced training, 2 interregional training centers, 9 training centers of territorial bodies, a research institute for the penal system, and a research institute for information technology.
There is a United Editorial Board that publishes the magazines “Crime and Punishment”, “Vedomosti UIS”, and the newspaper “Kazenny Dom”.
Cases of enrollment in the order and period of stay in it.
Enrollment is carried out regardless of whether the employee is on vacation, a business trip, exemption from official duties due to temporary disability or absence from service for other reasons (clause 3 of the Procedure for enlistment).
According to paragraphs 10, 11 of Art. 36 of the Law on Service in the Penitentiary System[2], the enrollment of an employee at the disposal of an institution or body of the penal system (hereinafter referred to as placement at the disposal) is allowed in the following cases and for a certain period.
Cases of enrollment | Time available |
Abolition (liquidation) of an institution or body of the penal system or reduction of the position filled by an employee in the penal system | No more than two months during parental leave until the child reaches the age of three years and the period necessary for employment, but no more than two months after the end of the specified leave |
Release of an employee from the position being filled in the penal system due to transfer to another position in the penal system | During the period necessary for the transfer of cases by position, but not more than one month |
Carrying out the procedure for dismissing an employee from service in the penal system | No more than two months |
End of suspension by an employee of service in the penal system | During the period of appointment to the position, but not more than three months |
Referral of an employee in accordance with clause 2 of Art. 67 of the Law on service in the penal system* for medical examination | During the period necessary to undergo a medical examination, but not more than two months |
Failure by an employee to perform for more than four months in a total of 12 months of official duties due to temporary disability (except for cases where the legislation of the Russian Federation provides for longer periods of time for an employee to undergo treatment, including in connection with injury or other damage to health (disease) received in the performance of official duties) | During the period of temporary disability, but not more than one year |
Sending an employee on a business trip for a period of more than one year, including abroad, appointment to a position after the end of the business trip | During the period of appointment to the position, but not more than three months |
Reinstatement of an employee who previously held this position | During the period of appointment to the position, but not more than three months |
The end of the period of secondment of an employee in accordance with Art. 32 of the Law on service in the penal system** | During the period of appointment to the position, but not more than three months |
*If an employee has been released from duty due to temporary disability for a total of more than four months within 12 months, he may be sent for a medical examination to a military medical commission to decide on his suitability for further service in the criminal justice system. executive system or about continuing treatment. In this case, the employee may be placed at the disposal of an institution or body of the penal system.
**To perform tasks directly related to the activities of the penal system, an employee of the federal penal system, with his consent, may be seconded to another federal government body, another government body or organization while remaining on staff of the federal penal system.
The time an employee is on duty is counted in calendar terms into the length of service (length of service) in the penal system, length of service for the assignment of a special rank (Clause 15, Article 36 of the Law on Service in the Penal System).
But at the same time, periods of temporary incapacity for work and being on vacation are not counted towards the period of time an employee is at disposal (clause 17, article 36 of the Law on Service in the Penitentiary System, clause 2 of the Procedure for being at disposal).
Special ranks in the Federal Penitentiary Service
Citizens of the Russian Federation serving in the Federal Penitentiary Service are awarded special ranks. The prefix “internal service” is added to special ranks of the internal service, since in accordance with Part 5 of Art. 46 of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”, it is prohibited to introduce special ranks or class ranks similar to military ranks for persons who are not military personnel.
- Colonel General of Internal Service
- Lieutenant General of Internal Service
- Major General of Internal Service
- Colonel of the Internal Service
- Lieutenant Colonel of the Internal Service
- Major of internal service
- Captain of the Internal Service
- Senior lieutenant of internal service
- Lieutenant of internal service
- Junior lieutenant of internal service
- Senior Warrant Officer of Internal Service
- Ensign of internal service
- Foreman of internal service
- Senior Sergeant of Internal Service
- Internal Service Sergeant
- Junior Sergeant of Internal Service
- Private of internal service
Interaction between society and the penal system
The concept and content of the norms of criminal executive law of the Russian Federation
In recent years, the principle of operation of the penal system has changed significantly. The fact is that society does not want to completely transfer management powers to the penal system. Some people, of whom there are quite a lot, strive to take an active part in the work of the penitentiary system. They believe that only society is capable of defending the interests of prisoners. In accordance with the legislative framework of the Russian Federation, society has a similar right. The participation of society in the work of the PEC is as follows:
- providing assistance to persons responsible for the implementation of criminal punishment;
- monitoring the objects of the penal system and their work;
- carrying out educational work with prisoners;
- provision of everyday, social and humanitarian services to prisoners;
- charitable activities and trusteeship;
- protection of the rights and interests of those convicted;
- assistance in obtaining education, etc.
The powers and capabilities of public figures are quite extensive. They can be members of supervisory commissions and educational movements, act as a public supervisor when convicts perform correctional work, etc.
It must be said that in recent years, penitentiary institutions have been under close attention from the media, not only domestic, but also foreign. They not only illuminate the state of affairs, but also provide all possible assistance.
Despite the extensive interference of society in the activities of the penal system, its representatives do not have the right to oppose it. Spontaneous interference in the work of operational or economic services is unacceptable. In fact, this is also a criminal offense.
Finance
The budget of the Federal Penitentiary Service for 2015 is 266 billion rubles, which exceeds the budgets of the Ministry of Health, the Ministry of Agriculture, the Ministry of Industry and Trade, the Ministry of Labor and Social Protection and the Ministry of . According to calculations by the Institute of Problems of Modern Society, the costs per convict amount to more than 400 thousand rubles per year. In theory, these costs include:
- nutrition
- clothing allowance
- Communal expenses
- medical care
- release allowance
- funeral expenses.
According to the Institute’s experts, the money does not reach the convicts themselves; Most everyday problems in colonies are solved at the expense of prisoners’ relatives.
Public Council
Composition of the public council
- Menshov Vladimir Valentinovich - chairman, film director, artistic director of the film studio "Zhenr", academician of the film academies "Golden Eagle" and "Nika", Honored Artist, People's Artist of Russia.
- Sushkov Boris Alekseevich - Deputy Chairman, Executive Director of the All-Russian public organization "Board of Trustees of the Penitentiary System".
- Kokhtachev Viktor Semyonovich - secretary, retired police colonel
- Bystritsky, Andrey Georgievich - Candidate of Pedagogical Sciences, Chairman of the federal state institution "Russian State Broadcasting Company "Voice of Russia"".
- Vagner Andrey Aleksandrovich - First Vice President - Operations Director of Integrated Energy Systems CJSC (IES-Holding).
- Grib, Vladislav Valerievich - President of the All-Russian public organization "Youth Union of Lawyers" of the Russian Federation, member of the Public Chamber of the Russian Federation.
- Bishop Irinarch of Krasnogorsk (Vladimir Grezin) is the chairman of the Synodal Department of the Moscow Patriarchate of the Russian Orthodox Church for prison ministry.
- Zelenova Elena Alekseevna - Candidate of Economic Sciences, Chairman of the Public Council at the Federal Penitentiary Service of Russia in Moscow, General Director of the non-profit charitable foundation for the promotion of social rehabilitation of convicts and protection of personnel of the penal system of the Ministry of Justice of Russia and employees of the Ministry of Internal Affairs of Russia "Trustee", teacher of the Department of Labor and Social policy of the Russian Russian Academy of National Economy and Public Administration under the President of the Russian Federation (RANEPA under the President of Russia).
- Kalabalin, Anton Semyonovich (1939-2013) - Chairman of the Public Council of the Federal Penitentiary Service of Russia for the Moscow Region, Director of the A. S. Makarenko Pedagogical Museum (Moscow ) .
- Karpenko Pyotr Mikhailovich - Candidate of Economic Sciences, manager of the non-state accredited private educational institution of higher professional education "Modern Humanitarian Academy".
- Kirill Vladimirovich Mazurin is a columnist for the operational political information department of the Interfax news agency.
- Kamil Fautovich Manapov is the head of the department for work with military personnel and convicts of the Department of Social, Charitable, Spiritual and Educational Activities of the Centralized Religious Organization of the Council of Muftis of Russia.
- Olkhovik Nikolay Vladimirovich - honorary worker in the field of youth policy of the Russian Federation, candidate of legal sciences, associate professor, chairman of the Public Council at the Federal Penitentiary Service of Russia for the Tomsk Region, member of the Public Supervisory Commission of the Tomsk Region, deputy director of the Law Institute of Tomsk State University, candidate of legal sciences.
- Pavlov Alexander Sergeevich - head of the department of social programs and projects in the field of youth policy at Rosmolodezh.
- Petrov Eduard Viktorovich is deputy director of the Directorate of Information Programs of the state television company, head of the Vesti - Duty Unit program, author and director of the Honest Detective program.
- Archimandrite Alexy (Ganzhin) - Candidate of Pedagogical Sciences, Chairman of the Public Council of the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region, Deputy Chairman of the Synodal Department for Interaction with the Armed Forces and Law Enforcement Agencies, Chairman of the Department for Interaction with the Armed Forces and Law Enforcement Institutions of St. -Petersburg Diocese.
- Rabbi Gurevich Aaron Yurievich is the head of the department of the Federation of Jewish Communities of Russia for interaction with law enforcement agencies.
- Rudov Sergey Yurievich - Chairman of the Board of Directors of the Intersectoral Bill House of the Fuel and Energy Complex.
- Sukhanov Alexander Dmitrievich is the president of the non-profit charitable foundation for the promotion of social rehabilitation of convicts and the protection of personnel of the penitentiary system and employees of the Ministry of Internal Affairs of Russia “Trustee”.
- Spesivtsev Vyacheslav Semyonovich - People's Artist of Russia, professor, artistic director of the Moscow Youth Experimental Theater.
- Tatarinov Andrey Yurievich - head of the political department of the Central Headquarters of the NGO "Young Guard of United Russia", member of the Political Council "Young Guard of United Russia", member of the Public Chamber of the Russian Federation.
- Teneta Elena Leonidovna is deputy regional director for the Russian Federation of the Dutch non-governmental humanitarian organization AIDS Foundation East-West.
- Ruslan Shamsudinov Shamsudinov is the Chairman of the Public Council of the Federal Penitentiary Service of Russia for the Rostov Region.
- Shalimov Yuri Yurievich - Director of the Directorate of Public Broadcasting of OJSC NTV Television Company.
- Shchepetin Alexander Vladimirovich - Chairman of the Public Council of the Federal Penitentiary Service of Russia for the Oryol Region.
Number of convicts in Russia
Number of prisoners per 100,000 citizens by country, 2012
Until 2000, Russia was in first place in the world in terms of the number of prisoners per 1000 population. However, currently the first place is occupied by the United States , and Russia, after China, is in third place.
As of November 1, 2015, there were 642,444 people held in penal institutions.
Interesting Facts
- According to the Decree of the President of the Russian Federation of April 30, 2008 No. 656 “On the organization of security of specialized psychiatric hospitals (inpatient facilities) with intensive supervision of the Federal Agency for Health and Social Development,” the Federal Penitentiary Russia is entrusted with the functions of security of psychiatric hospitals with intensive supervision. According to some experts, this is an unusual function for the penal system, since special hospitals of this type are part of the structure of the Russian Ministry of Health and Social Development.
- As of January 1, 2009, for the first time, the average cell area in Russia per pre-trial detention center per suspect or accused increased to 4.5 square meters. meters. 10 years ago this figure ranged from 0.5 to 2.5 square meters. meters.
- Appointed at the beginning of August 2009 to the position of director of the Federal Penitentiary Service of Russia, A. A. Reimer had not previously worked a single day in the penitentiary system. The same situation arose with G. A. Kornienko, who was appointed director of the Federal Penitentiary Service of Russia in June 2012.
- The punishment in the form of arrest, which must be served in an arrest house (PEC RF), since 1997 cannot be introduced into the practical activities of the Federal Penitentiary Service of Russia. Thus, arrest has remained a “dead punishment” for almost two decades.
- Since the beginning of 2010, the Electronic FSIN .
- Taking into account the worldwide fame of the experience of the Bolshevo labor commune under the leadership. M. S. Pogrebinsky (described in the famous movie “Start in Life”) and the educational experience of the Colony. Gorky and the Commune. F. E. Dzerzhinsky under the leadership of A. S. Makarenko, many employees, including heads of the penitentiary service, could not help but become interested in the experience of applying Makarenko’s educational pedagogy (as well as a number of his followers). However, if Makarenko’s direct students (S. A. Kalabalin (1903-1972), A. G. Yavlinsky (1915-1981), etc.) have experience (despite frequent and significant opposition to it from inspectors and supervisory persons and departments) was generally very successful, then those who tried to “implement” Makarenko’s approaches (system, educational pedagogy) only on the basis of Anton Semenovich’s works often faced failure. One example of such attempts in the 80s of the twentieth century. in the former Kuryazhskaya (same!) colony, the teacher-educator of this institution, Yuri Ivanovich Chapala, described in detail in his book “Essay on a Non-Free Topic”, where it is noted that as a result of the “book” implementation of the Makarenko system, both the level of recidivism among convicts and The situation in the colony itself worsened. And this result, unfortunately, is not unique. The well-known social teacher and writer V. A. Eremin notes in this regard that often such a result is associated with attempts at partial, fragmentary implementation of the Makarenko system and, as an example, tells what violations, and often humiliation of the educated, the use (separate from system) of the principle of collective responsibility among convicts. The famous teacher (previously a front-line soldier) G. M. Kubrakov also encountered great difficulties in launching the “Makarenko system” based only on book experience in his boarding school. In his books, he says that he managed to establish the system only after meeting and discussing the issue with the famous Makarenko expert Professor V.V. Kumarin. Essentially, we are talking about the fact that from the beginning of the 1930s, the Soviet school began to use a system of education based on a unified approach to all students without taking into account the significant diversity of their natural abilities, circumstances and hobbies (the so-called “equalization”) , which inevitably leads to an atmosphere of psychological violence, especially increasing in the upper grades (and incompatible and interfering with the successful launch of Makarenko’s system in the field of education itself). Makarenko himself used different (entirely cultural) approaches in teaching himself, but could not describe this in his books for censorship reasons.
Where are the allowances credited and how are they paid?
According to clause 2 of the Procedure for placement at the disposal, clause 2 of the Procedure for being at the disposal, employees may be at the disposal of:
- FSIN;
- institutions directly subordinate to the FSIN;
- territorial bodies of the Federal Penitentiary Service;
- institutions subordinate to the territorial bodies of the Federal Penitentiary Service.
The employee's monetary allowance during the period of his employment is paid in the manner prescribed by the legislation of the Russian Federation (Clause 16, Article 36 of the Law on Service in the Penitentiary System).
In particular, paragraph 23 of Art. 2 of Law No. 283-FZ[3], clause 58 of Procedure No. 269[4] establishes that employees at disposal are paid a monetary allowance calculated on the basis of:
- the size of the official salary for the last position filled;
- salary for a special rank;
- monthly bonus for length of service (length of service);
- regional coefficients and percentage bonuses for service in the Far North.
To the employee at disposal:
1) the person performing the duties of the last position filled, according to the order of the relevant head of the institution or body of the penal system, is paid the salary in full;
2) who does not perform duties in the last position filled, by decision of the relevant head of the institution or body of the penal system, taking into account the actual volume of official duties performed by him, additional payments may also be made.
An employee assigned to duty during a period of temporary incapacity for work, while on regular and (or) additional leave, remains paid a monetary allowance in the amount received by the day of the onset of temporary incapacity for work, leave until the end of the temporary incapacity for work, leave.