Types of correctional institutions in the Russian Federation: the concept of correctional institutions, what types there are, the procedure for assigning a regime

Concept of IS

A correctional facility is a place where criminals serve their sentence, represented by a prison term. Such a restriction is imposed only for grave and especially grave criminal acts, as well as for misdemeanors of moderate gravity. These acts differ in the level of danger for citizens. Each convicted person has individual moral, psychological and social characteristics, thanks to which a suitable correctional facility is selected.

Prisoners have their own unique views on life, beliefs and abilities, and therefore cannot be kept in the same conditions. This led to the creation of several types of IU. When choosing a specific organization where a criminal will serve his sentence, the method of committing a criminal act, motives, aggravating or mitigating circumstances, as well as other factors are taken into account.

Attention! The functioning of any correctional institution is possible taking into account the provisions of Federal Law No. 5473-1 and other regulatory documents.

The main purpose of the correctional institution is to fulfill the requirements of penal legislation.

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Therefore, the following actions are performed:

formation of an established regime;
implementation of educational measures that are carried out with criminals;
carrying out work useful to the public;
providing prisoners with the opportunity to receive general or vocational education;
the use of special methods of social influence that change the worldview of criminals.

In order to create optimal conditions and regime for serving the sentence, prisoners are accounted for, and they are also distributed into special units to perform useful work. Institution workers monitor the behavior of prisoners and also direct them to work. An optimal level of isolation is maintained, and various measures are taken to maintain discipline. Rewards or disciplinary action are used when necessary.

Various measures of influence are aimed at developing among prisoners respect for the norms and procedures that apply in prisons. The primary task is the organization of work, since criminals must engage in useful work activities, for which their gender, age, state of health and existing skills are taken into account. The work is carried out in production workshops, as well as in state and unitary organizations.

If there are certain health restrictions, convicts are served in a direct correctional facility . Other tasks include:

carrying out educational work for which propaganda activities are used, as well as prisoners are involved in sports or cultural work;
education or religious fellowship is provided;
Individual conversations are conducted that allow us to establish character and personality traits, so the psychologist effectively selects pedagogical methods of influence;
local educational organizations are being formed to allow convicts to gain professional skills;
In each place of detention, the principle of differentiated detention is applied, therefore, when choosing a place of detention, age, gender, the danger of the crime committed and the length of the sentence are taken into account.

Reference! Some criminals need to be kept in isolation, for example, these include lifers or minors.

Functions of the penal regime

As a socio-legal phenomenon characteristic of places of deprivation of liberty, the regime performs the following key functions:

punitive;
educational;
regulatory;
ensuring rational and effective application of corrective measures to convicted persons;
prevention of new crimes.

Let's look at the above mode functions in more detail.

The punitive function is to limit the rights of prisoners, which depends on the type of correctional institution. Part 4 of Article 10 of the Penal Code of the Russian Federation states that the rights and obligations of convicted persons are determined based on the procedure and conditions for serving a specific type of punishment.
The educational function defines the regime as the main means of correcting convicts. It introduces prisoners to civilized relationships, forms in them a respectful attitude towards people, allows them to assimilate social traditions, stimulates lawful behavior and the desire for honest work.
The regulatory function assumes that the scope of restrictions on the rights of prisoners depends on the order of serving imprisonment in various correctional institutions, as well as on the behavior of each convict.
Ensuring the rational and effective use of correctional measures means that the regime creates conditions for the use of other means of correction for prisoners. We are talking about their participation in socially useful work, educational activities, and providing convicts with the opportunity to receive general or vocational education.
A properly organized procedure for the execution of sentences helps to prevent new crimes committed by convicts or other persons.

What types of colonies exist

In the Russian Federation, there are several types of correctional institutions operating on the territory of the Russian Federation. They are intended for both women and men, but the cohabitation of criminals of different sexes is prohibited.

Pre-trial detention center

This organization is represented by a pre-trial detention center, where those suspected of any crimes are sent, as well as persons whose sentence does not exceed 6 months. Sometimes criminals who are deprived of their freedom for the first time for a short period of time are sent here.

In the pre-trial detention center, prisoners perform simple chores. The conditions are considered quite comfortable, and the opportunity to meet with relatives is also offered.

Correctional colonies

These organizations are presented in several types:

Settlements . Criminals who have committed acts of moderate gravity or through negligence are sent here. Often prisoners from other institutions are transferred to a settlement colony based on a court decision.
General mode . It is intended for criminals who have committed serious crimes. Additionally, repeat offenders or persons transferred from other institutions are sent here. For example, criminals are often transferred from children's correctional institutions to a general regime colony after reaching 18 years of age.
Strict regime. Only criminals who have committed serious and especially serious crimes with repeated offenses are sent here. If prisoners of a general regime correctional facility violate the regime or rules of discipline, they can be transferred to this institution. Persons who have received life imprisonment live in maximum security colonies.

The choice of the specific institution where the offender is sent depends on the court decision. To do this, the severity and circumstances of the crime committed are taken into account.

Prisons

They are intended exclusively for men whose term of imprisonment does not exceed 5 years. Additionally, criminals from other colonies are transferred here if, for various reasons, they violate the rules of discipline. Women or persons who receive a life sentence by court decision are not sent to prison

Medical correctional institutions

They are intended exclusively for criminals with any mental disabilities or illnesses. Such persons require compulsory treatment, so they are kept in institutions where they take medications and undergo various medical procedures. At the same time, they are obliged to perform simple but useful work.

Additionally, medical facilities are intended for people with chronic diseases.

In the form of imprisonment

Subject. Execution of punishment

1. General provisions for the execution of punishment in the form of imprisonment.

2. The regime in correctional institutions and the means of ensuring it.

3. Conditions for serving sentences for those sentenced to imprisonment (types, meaning).

4. Fundamental rights and legitimate interests of those sentenced to imprisonment.

5. Material, living and health care provision for persons serving imprisonment.

6. Labor, vocational education and vocational training of those sentenced to imprisonment.

7. Educational influence on those sentenced to imprisonment.

8. Features of the execution of imprisonment in various types of correctional institutions (including educational colonies).

1. General provisions for the execution of punishment in the form of imprisonment

The basic chapter of the PEC is 11.

As a general rule, after a sentence of imprisonment is announced, the convicted person is placed in a pre-trial detention center (i.e., either returned there, or, if he was on recognizance, taken into custody in the courtroom). An exception applies to persons with permanent residence in the Russian Federation, who were not detained before the sentencing and who were assigned to a colony-settlement. According to Art. 75.1 of the Penal Code, such persons independently get to the place of serving their sentence. The Federal Penitentiary Service gives such convicts an order to send them to the place of serving their sentence. The said order establishes the period within which the convicted person must arrive at the place of serving the sentence. The convict goes to the colony-settlement independently at the expense of the state.

So, as a general rule, the convicted person is placed in a pre-trial detention center after the verdict is announced. After the sentence of imprisonment comes into force, the court sends a copy of it and an order for its execution to the pre-trial detention center. No later than 10 days from the date of receipt of these documents by the administration of the pre-trial detention center, the convict with his personal file under escort is sent (transported) to the place of serving the sentence (in practice, the transfer takes 2 months).

The place where a person will specifically serve his sentence is determined by the Federal Penitentiary Service of the constituent entity of the Russian Federation. But, according to Art. 73 of the Penal Code, punishment, as a general rule, is served at the place of residence or place of conviction of the offender. There is a whole group of exceptions to this general rule, directly named in Art. 73 PEC. In particular, a convicted person may be transferred to another region due to the absence of the necessary institution at his place of residence. For example, in Russia there are only 3 educational colonies for girls. Therefore, minors from Yaroslavl are sent outside our region. Or - there are only 7 prisons in Russia, so, as a rule, it is not local criminals who serve their sentences in them. There are a number of institutions for former law enforcement officers. The reason for sending to another region may be the type of crime committed, the state of health of the prisoner, and it will exceed the limit in existing institutions.

However, not all convicts are transferred from pre-trial detention centers to correctional institutions. There are three main reasons why they may remain in pre-trial detention:

1) in accordance with Art. 77 of the Penal Code, a person who has not previously served imprisonment and who is assigned to serve a sentence in a general regime colony, with his consent and by decision of the head of the pre-trial detention center, may be left in the detention center to perform housekeeping work;

2) convicts are left in a pre-trial detention center for a period of not more than 6 months (Part 1 of Article 74 of the Penal Code). 3) by virtue of Art. 77.1 of the Penal Code, a person remains in a pre-trial detention center if he needs to participate in investigative actions or court proceedings.

All others are escorted to a correctional institution (PI). Convicts who arrive at the correctional facility, after their identity is verified and searched, are placed in a quarantine facility for up to 15 days (usually a week). At this time, they are under medical supervision and are introduced to the regime of serving their sentence, in particular their rights and responsibilities. Then a commission headed by the head of the correctional institution distributes convicts, taking into account their individual characteristics, into groups (in prison - into cells). No later than 10 days from the date of arrival at the correctional facility, one of the relatives of the convicted person (at the latter’s choice) is sent a notification indicating the address of the institution and listing the basic regime rules (about items prohibited for transfer, visits, etc.).

Art. 81 of the Penal Code provides as a general rule that deprivation of liberty is served by a convicted person in one correctional institution. A kind of principle of stability (due to pedagogical, psychological and similar considerations). But this is a basic rule, from which there are a number of exceptions. Firstly, the type of institution can be changed on the basis of Art. 78 of the Penal Code due to the positive or negative behavior of the prisoner. Thus, for positive behavior he can be transferred to an institution with a less strict regime (for example, from a general regime penal colony to a penal colony), and for negative behavior he can be transferred to a more strict type of institution (in particular, from a colony to prison). Secondly, the convicted person can be transferred to another institution on the basis of Part 2 of Art. 81 of the Penal Code due to any exceptional circumstances (for example, during the liquidation of an institution).

2. Regime in correctional institutions and means of ensuring it

The basic chapter of the PEC is 12.

The regime in correctional institutions is a system of rules about the prohibitions, responsibilities, rights and legitimate interests of convicts, as well as the procedure for their implementation. In other words, the regime is law and order in a correctional institution. The regime as a system of rules is the basic means of correcting convicts. Based on this definition, the regime includes 4 groups of rules: 1) on prohibitions for convicted persons; 2) about their responsibilities; 3) about their rights; 4) about the interests of convicted persons. These rules are established by the Penal Code of the Russian Federation and a number of Orders of the Ministry of Justice of the Russian Federation, the main one of which is Order No. 205 of November 3, 2005 “Internal Regulations of Correctional Institutions” (hereinafter referred to as the Regulations).

The regime in correctional institutions is ensured with the help of

5 fixed assets:

1. Searches and inspections (Article 82 of the Criminal Code).

The object of the search is convicts, as well as the premises in which they live. The object of inspection is all other persons who find themselves on the territory of the correctional facility, the belongings of these persons and the belongings of convicted persons, parcels and transfers, as well as vehicles. If prohibited items and documents are found, they are confiscated.

The list of prohibited items is established by the Rules of Procedure. These are, among other things, all types of weapons, ammunition, money, optical instruments. home canning products, yeast, alcohol, cologne and other alcohol-based products, drugs, psychotropic, toxic and potent substances, playing cards, cameras, colored pencils, felt-tip pens, etc.

Often, convicts ask relatives to bring alcohol or drugs to a long visit. Such relatives are detained, prohibited items are confiscated, and if there are signs of a crime, a criminal case is initiated.

Most often, prohibited items enter the colony through smuggling and transfer (alcohol, drugs, knives, weapons, cell phones). Food products (yeast, sugar, alcohol-based products) are used by convicts as an ingredient for preparing alcoholic beverages.

The penetration of prohibited items into convicts most directly affects the operational situation in places of deprivation of liberty and contributes to the commission of new crimes by convicts. The subjects of these offenses are: employees of the penal system (civilian, certified); convicts (escorted, without escort); relatives (acquaintances) of convicted persons; other persons (lawyers, investigators, etc.). As a rule, these are civilian employees of the correctional institution - 30%; relatives of convicted persons - 27%; acquaintances of convicts – 20; other persons with access to the PS - 9%.

2. Technical means of supervision and control (Article 83). Technical security equipment includes telephone communications, radio communications, video surveillance systems, security lighting control, radio beam and capacitive detection sensors. Technical means issue an alarm when prisoners attempt to overcome security lines. To monitor the operation of technical equipment, a control panel for technical security equipment is equipped and a sentry is appointed, who ensures the work of the guard and the duty shift when an alarm is triggered. Along with the specified remote control, many institutions have a video surveillance post.

3. ORD (Article 84). Main task: prevention and detection of crimes being prepared and committed in correctional institutions.

4. Security measures: physical force, special means and weapons (Article 86 of the Penal Code). The grounds for applying these measures are the commission of socially dangerous actions (for example, hostage-taking, escape).

5. Regime of special conditions (Article 85). This regime is introduced by decision of the head of the Federal Penitentiary Service or the Federal Penitentiary Service in exceptional situations, for example during mass riots (as in the penal colony in Kopeisk, Chelyabinsk region). The essence of this regime is to tighten the normal regime. Toughening occurs by limiting the rights of convicts (to visits, receiving parcels, etc.), introducing enhanced security and supervision, changing the daily routine, etc.

3. Conditions for serving sentences for those sentenced to imprisonment (types, meaning)

According to Art. 87 of the Penal Code, in one correctional colony, 3 types of conditions for serving imprisonment are established: ordinary, light and strict . The VC establishes another type - preferential conditions. General and strict regimes are established in prisons. These are a kind of mini-regimes within one colony. As a rule, a person finds himself in normal conditions, and then, depending on his behavior, is transferred to light or strict. Transfer from one conditions of serving a sentence to another is made by decision of the correctional institution commission. To transfer from normal conditions to light ones, a number of formal conditions are required: the expiration of a certain period (from six months to a year) and the absence of penalties. If a convicted person has no disciplinary sanctions in a general regime penal colony for six months, then he can be transferred from normal conditions of serving his sentence to lighter conditions ( this is a legitimate interest

). Convicts serving their sentences under normal conditions who are recognized as malicious violators of the established procedure for serving their sentences are transferred to strict conditions for serving their sentences.

The conditions, although established within the same colony, vary significantly. So, in the colonies there is a detachment of strict conditions of detention (SUS) - it is completely isolated, those sentenced from this detachment are not sent to school, courses or college, they are treated, etc. held separately from other convicts.

On the contrary, according to Part 3 of Art. 121 of the Penal Code, convicts serving a sentence in light conditions in a general regime penal colony, for the purpose of successful social adaptation, can be released from custody by order of the head of the correctional colony six months before the end of the sentence. In this case, convicts are allowed to live and work under the supervision of the administration of the correctional institution outside the correctional colony. They may be held together with convicts who are granted the right to travel without escort or escort. Convicted women may be allowed to live outside the correctional colony with their family or children in rented or their own living space.

The allocation of conditions is a manifestation of a stepped, progressive system of imprisonment. First, ISs are divided into types, then differentiation continues within the ISs. Depending on the type of conditions, a number of basic rights of convicts are differentiated, for example, the number of allowed visits, the number of parcels, conditions of detention and much more depend on the type of conditions.