OBSERVARE

Universidade Autónoma de Lisboa

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

FOREIGN EXPERIENCE IN ENSURING THE SECURITY OF THE PENITENTIARY

SYSTEM AND THE POSSIBILITY OF ITS USE IN DOMESTIC PRACTICE

Andrey Vasilievich Shcherbakov

andr.shcherbakov@yandex.ru

Associate Professor, Ph.D. in Law, Civil Law Department, Academy of Law and Management of

the Federal Penitentiary Service of Russia (Russia)

Inna Borisovna Uskacheva

Associate Professor, Ph.D. in Law, Deputy Head for Scientific and Educational Activities

Academy of Law and Management of the Federal Penitentiary Service of Russia (Russia)

Maxim Nikolaevich Bogdanov

Ph.D. in Law, Chairman of the State Law Department

Academy of Law and Management of the Federal Penitentiary Service of Russia (Russia)

Olga Evgenievna Mikhailova

Associate Professor, Ph.D. in Law, Civil Law Department

Academy of Law and Management of the Federal Penitentiary Service of Russia (Russia)

Sergey Alexeevich Shatov

Associate Professor, Ph.D. in Law, Criminal Law Department

Academy of Law and Management of the Federal Penitentiary Service of Russia (Russia)

On behalf of all authors, the corresponding author states that there is no conflict of interest.

Abstract

Foreign experience of ensuring penitentiary safety is structurally studied in this article; the

possibility of its use in domestic practice is discussed. The intrinsic and external aspects of

penitentiary security, which are organically interconnected with each other, are highlighted.

The General characteristic of modern criminal and Executive system of Russia is given, the

problems of legal regulation of ensuring its safety existing at the moment are revealed. On

the basis of the comparative legal method in combination with other methods of scientific

cognition, the article considers foreign experience of ensuring the security of penitentiary

institutions through differentiation of convicted persons and the conditions of serving

sentences, and also given the wide use of advanced technical means of control and supervision

in the process of correction. In this regard, some measures have been proposed to optimize

the functioning of penitentiary institutions of the penal correction system of Russia in terms

of penitentiary security. In order of discussion, subject to the review of best international

practices are selected relevant for the domestic practice questions on the specifics of ensuring

penitentiary safety in emergency situations, the models of private prison companies, the

development of social control’s forms and supervision over the persons released from

penitentiary institutions, the conclusions about the parameters of the perception of foreign

experience in domestic practice are formulated.

Keywords

Penal system; prison security; Russia; foreign experience

How to cite this article

Shcherbakov, Andrey V.; Uskacheva, Inna B.; Bogdanov, Maxim N.; Mikhailova, Olga E.;

Shatov, Sergey A. (2018). "Foreign experience in ensuring the security of the penitentiary

system and the possibility of its use in domestic practice". JANUS.NET e-journal of

International Relations, Vol. 9, Nº. 1, May-October 2018. Consulted [online] on the date of

last consultation, DOI: https://doi.org/10.26619/1647-7251.9.1.8

Article received on October 30, 2017 and accepted for publication on April 5, 2018

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

123

FOREIGN EXPERIENCE IN ENSURING THE SECURITY OF THE PENITENTIARY

SYSTEM AND THE POSSIBILITY OF ITS USE IN DOMESTIC PRACTICE

Andrey Vasilievich Shcherbakov

Inna Borisovna Uskacheva

Maxim Nikolaevich Bogdanov

Olga Evgenievna Mikhailova

Sergey Alexeevich Shatov

1. Introduction

Held in Russia radical changes, focused on upgrading and at the same time, the

progressive development of the Russian state and society, are comprehensive in nature

and deal including relationships arising and developing in the penitentiary sector,

including issues of prison security. The Russian Federation proceeds from the necessity

of continuous improvement of the system of public security (The concept of public safety

in the Russian Federation, 2013), in conjunction with the strategic objectives of national

security in modern conditions (National security strategy of the Russian Federation,

2015). Prison safety genetically related to the overall system of national security, since

it involves complex regulatory and legal forces and means aimed at countering threats

to the normal development of the Russian state and society, lawful interests of citizens.

At the same time, the prison security encompasses significant specifics due to the

peculiarities of its main threats (crime, criminal and prison subculture, prison relapse)

and manifesting itself in the legal instruments of its software (Romashov, Tonkov, 2014,

p. 266-267).

Prison security is both intra-system and inter-system in nature, because the insider

threats determine the risk in relation to the persons directly located in the prison

environment – especially the convicts and the prison staff. In the field of intersystem

relations in the prison as a source of danger should be considered the prison system,

which concludes a threat to ‘law-abiding’ society.

Accordingly, a reasonable statement on the allocation of the inside and outside of prison

security.

With regard to Russia we should speak about the special role of the penal system in

ensuring prison security. The term ‘correctional system’ is traditionally used in the

literature in understanding with state-legal nature and accordingly organized by the

Institute for implementation of activities in the sphere of execution of criminal penalties

and performs in this regard are significant for the state and society (Lelyukh, 2006).

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

124

In turn, the dynamics of state-legal and social change manifests itself in changes of the

content of the functions, specific tasks of the penal system and its constituent organs

and agencies. In modern conditions, in conjunction with the constitutional institution of

the special value of man, his rights and freedoms (article 2 of the Constitution of Russia

of 1993), active and comprehensive participation of Russia in integration processes, the

correctional system is rebuilt on the line of humanization of the prison, direction is

gradually replacing the punitive and derived from it.

The main milestones of the humanization of the modern criminal-Executive system of

Russia include:

- the adoption of laws in the sphere of organization and activity of criminal-Executive

system, taking into account the constitutional provisions and international standards

in the penitentiary field (law of the Russian Federation of 21 July 1993 n 5473-1 ‘On

institutions and bodies executing criminal penalties of imprisonment’; the Criminally-

Executive code of the Russian Federation 1997);

- 1997, the penal system of Russian Ministry of internal Affairs to the Ministry of justice

of Russia (on the basis of the decree of the President of the Russian Federation from

October 8, 1997);

- education in 2004 the Federal service of execution of punishments, which transferred

the functions of the Ministry of justice for enforcement of criminal sanctions, taking

into account the updates of the legislation and accepted by Russia of its international

obligations in the penitentiary sector (on the basis of the decree of the President of

the Russian Federation dated March 9, 2004);

- the development, adoption and implementation of measures for implementation of the

concept of development criminally-Executive system of the Russian Federation until

2020 (approved by the decree of the Government of the Russian Federation of 14

October 2010 g. № 1772-R), where, respectively, the General characteristics and

current state of the penal system were given, the main directions, forms and methods

of its improvement based on international standards and the needs of social

development were determined (The concept of the Federal targeted programme

"development of the penal correction system (2017-2025)", 2016).

The process of humanization of Criminal-Executive system of Russia substantively

represents itself in the reduction of the number of convicts serving a sentence of

imprisonment, finding alternatives to criminal sentences involving isolation from society.

So, for comparison, if in 2002 the number of prisoners located on the territory of Russia

correctional institutions (prison) amounted to 877 thousand 393 people and in 2015,

respectively, 618, 656 thousand people (Gorban', 2016, p. 176-183). At the same time

the practice of assignment and execution of alternative types of punishment not

connected with isolation from society is expanding.

However, the current Russian criminal-Executive inspection, entrusted with the task of

execution of alternative punishments, it is necessary to control more retidivirovanii

contingent, which complicates their work and reduces its effectiveness. There is also

rejuvenation and the deterioration of the criminological characteristics of the contingent

of prisoners who are serving sentences in deprivation of liberty, in particular, increasing

the number of prisoners who are prone to various forms of destructive behavior,

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

125

manifesting itself in violence against other convicts, as well as in attacks on employees

of criminal-Executive system (Kudryavtsev, 2013, p. 20-23).

Designated circumstances actualize the problem of studying the best foreign experience

of ensuring penitentiary safety.

The purpose of this study is to identify the positive elements of foreign experience of

ensuring penitentiary safety and the prospects for its perception in the course of

reforming the criminal-Executive system of Russia.

2. Literature Review

The theoretical basis of public security, part of which acts as a prison security, developed

in the works of A. A. Ter-Akopov (1998) A. B. Antonova and V. G. Balashov (1996), M.

M. Babayev and E. N. Rakhmanova (2003). Among the works of foreign authors, we

mention the study of known criminologist Michael Tonry (USA) (2001) who identified the

particular importance of model of criminal justice, implying the priority of measures

aimed at ensuring public safety, protection from crime.

Some writers appeal directly to the problem of prison security. In particular, B. B. Kazak

(2001) outlined the main components of security control of the penal system. In the

research of V. Chorny, F. (1996) were systematized the factors of security of prisoners

in places of deprivation of freedom. R. Z. Useev comes to conclusions about the holistic

nature of penal hazards and security of criminal-Executive system, the need for a

conceptual definition of this concept on the legislative level (Useev, 2015, p. 56-61).

Foreign experience of organization and functioning of penitentiary systems and ensure

they prison security is provided in several studies. In particular, a review of the device

penitentiary prison a number of European countries, order and conditions of serving of

punishments in them, is given in the book by L. F. Pirtle, A. M. Fumm, Y. Y. Iron and T.

V. Borisova (2012).

The work by A. V. Bykova, and M. A. Kalogirou (2015) discusses the prison system of

the United States and the main ways of providing it security. In the book by Andrew

Coyle (United Kingdom) (2002) a progressive vision of its author in terms of prison

management when the balance of the prison security and prisoners ' rights is presented.

Norwegian researcher Erich Saham (2006) considers in comparison with the European

prison rules basic training for the Norwegian correctional. In own work S. H. Samsonov

(2016) analyzes foreign experience of creation and functioning of private prisons,

expresses judgments about the possibility of his careful and selective use in Russia. In

conjunction with the problem of prison security (in its broadest sense) E. A. Tohave

(2009) analyzes the positive foreign experience of socio-legal control over the persons,

released from correctional institutions.

However, the whole issue of prison security, considered from the perspective of its impact

on the modern criminal-Executive system of Russia of international experience,

parameters of perception in domestic practice, in the course of the ongoing in Russia,

reforms that are not specifically allocated.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

126

3. Materials and methods

The methodological basis of this study is comparative legal method, which focuses on the

comparison of different legal systems, socio-legal categories and phenomena. The

practical importance of comparative legal method is the recognition characteristic of the

modern world the objective process of rapprochement of the different national legal

systems, given the typological differences and national legal particularities of a given

country.

The comparative method is combined with other General scientific and special methods

of cognition, namely:

- with systemic (involving the penitentiary need to consider security as a holistic

phenomenon, and its support, respectively, as the process of preventing, detecting

and neutralizing the threats emanating from criminal and criminogenic prison

environment, in turn, correlated with intra and inter-system socio-legal factors);

- formal and legal (involving the use of conceptual-categorical apparatus of

jurisprudence, recourse to the law and materials of law-enforcement practice in the

sphere of penal activities in the countries surveyed);

- structural-functional (allows to highlight part of the prison security and the main

components of its software in connection with the operation and development of the

penal systems of modern States).

The research of methodology consists of the study and comparison of the basic

characteristics of penal systems of modern States, in part, related to issues of prison

security. The main attention is given to the penitentiary countries of Europe and the

United States, taking into account the degree of development of the penitentiary systems

and the accumulated positive experience of ensuring penitentiary safety in terms of total

lines on the humanization of the penitentiary activities, combined with its efficiency.

Based on the special scientific and reference literature, the article takes into account the

provisions of the legislative acts of Russia and a number of foreign countries in force on

penitentiary security.

A comparison of foreign and Russian experience is given to justify the position about the

existence of the two main areas of prison security, namely 1) internal (with reference to

the actual prison) and 2) external (with respect to law-abiding society). In this regard,

these directions are considered in the work, the authors are aware of a certain share of

conventionality of this distinction, taking into account the noted holistic and integrated

nature of the prison security and the intrinsic relationship of the parties.

4. Results

4.1. The internal security of penal institutions through differentiation of

convicts

The role of the factor of differentiation of convicts and conditions of punishment serving

in the internal security of penal institutions is substantively indicated in the below

country-specific data. In the United States (first place in the international ranking in the

number of prisoners), there is a diversified system of corrections, respectively, which, in

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

127

the jurisdiction of municipal, state or Federal government. Each prison has a security

level, respectively, from 1 to 4, and:

- correctional institutions of local subordination have security level 1 or 2 and more than

half contained therein offenders have a resolution without support for some time to

leave the area for employment or training of any profession;

- prisons and reformatories of the fourth and third levels of security are under the

jurisdiction of the States or the Federal government (however, in these penal

institutions there are also units with a soft mode corresponding to the second level

(Kovalev, Sheremetyeva, 2013, p. 19-20).

Differentiation of convicted persons and, accordingly, the question of determining the

necessary level of security of the penal institution held not only under the sentence of

the court, but also in conjunction with the operation of reception centers, diagnostic and

classification of prisoners (in the case of persons serving imprisonment for more than

one year) (Kovalev, Sheremetyeva, 2013, p. 19-20).

In correctional institutions: there are various programs aimed at the resocialization of

the convicted person. In addition, in the United States operate:

- restitution centers (a ‘mild’ alternative to imprisonment; they are sent to convicted

persons who have committed an offence for the first time, able-bodied and mentally

healthy persons who do not have problems with drugs and alcohol, and by a court

decision can be sent to convicted persons whose prison term is coming to an end;

convicted persons undergo a socialization course, are obliged to go to work and

perform free public works, pay their living in the center, court costs and compensate

the victims for the damage);

- centers compulsory treatment (they send in need of treatment from alcoholism and

drug addiction centers educational programs and programs of socialization, inmates

also undergo a professional training course, they receive qualified assistance in finding

employment after release);

- correctional camps (for the first time convicted for up to five years for crimes not

related to violence young healthy men are sent there, and, if they express such a

desire themselves; convicted persons are engaged in heavy public works, for example,

the construction of roads, and are also obliged to undergo an educational program

and a course of vocational training).

In the UK, due to historical administrative-territorial division and different political status

of its constituent territories, Scotland and Northern Ireland have their own system of

execution of punishments, and England and Wales – General (Yakovlev, Yakovleva,

Yakovleva, 2011, p. 142) (respectively, England and Wales – 86 230 thousand prisoners;

Northern Ireland – 1460 prisoners, Scotland – 7480 convicted (Bykov, 2017). In the UK

prison service, there are different categories of institutions for the detention of prisoners,

taking into account gender, age, criminal experience (separately allocated institutions

with a life sentence). There are four modes of accommodation for adult males: category

‘A’ (top security) prisons; category ‘B’ (high security) prisons; category ‘C’ (middle

security) prisons; and category ‘D’ (open mode) prisons. In the process of serving the

sentence, many convicts in accordance with the decision of the prison administration,

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

128

taken on the basis of an assessment of the identity of the convicted person and his

behavior, go into the category of a lesser degree of safety, some prisoners go into the

category of a higher degree of danger than previously expected (Yakovlev, Yakovleva,

Yakovleva, 2011, p.143).

In Germany (64 thousand convicts 193) (Bykov, 2017), the execution of the penalty of

deprivation of liberty is carried out in penal institutions open and closed (second

dominate), while the inmates depending on the risk of their identity are sent to prisons

with different degrees of isolation. In connection with the reform currently under way

(since 2006), the execution of sentences is regulated by the legislation of the Federal

lander, which, however, does not change the basic purposes and principles of the

organization of the execution of penalties relating to the protection of society from crime

and the socialization of the convicted person.

In France, penitentiary establishments are divided into: detention home (where to put

those arrested and sentenced to deprivation of liberty for a term of less than one year);

the Central prison (where the most dangerous prisoners with a much more strict regime

of detention and high security measures); the places of deprivation of liberty, which is

designed for prisoners who in the opinion of the administration, have the best chance of

rehabilitation (where the detention regime is focused on possible communication of

convicted persons with outside world); detention centers (institutions of a mixed type,

which can coexist compartments, designed for both prisoners on remand and convicted);

a semi-free Autonomous centers (placed convicts who have to serve not more than one

year and have attained a certain degree of correction) (Yakovlev, Yakovleva, Yakovleva,

2011, p. 150).

In Spain (as well as in Portugal) there are four categories of detention of convicted

persons (closed, semi-open, open (night stay) and conditional release under house

arrest), which can be applied by transfer from one correctional institution to another (the

so-called progressive system of punishment (Teplyashin, 2016, pp. 113-120). It is

important to note that in Portugal every convicted person is assigned an expert from the

social reintegration service, which is a structural unit of the General Directorate of

reintegration and prisons, who prepares a plan of social rehabilitation taking into account

the individual characteristics of the convicted person and monitors compliance with its

requirements (Teplyashin, 2016, pp. 113-120).

In Finland (there is a low crime rate (Koski, Druzhinina, 2015, p.90) there are various

types of punishment regime associated with isolation from society, while, taking into

account the behavior of the convict, testifying to his correction, there are rules on transfer

from a stricter to a less strict regime of detention (Koski, Druzhinina, 2015, p. 92).

In Norway (crime rates and the level of prisoners are significantly lower than in other

European countries) (Saheim, 2006, p.88) convicts are placed in prisons with different

levels of security on the basis of an individual risk and needs assessment, taking into

account, among other factors, the factors of influence of the criminal environment on

low-risk prisoners, as well as the importance of social rehabilitation work.

In Russia, the institutions of the penal correction system that carry out prison sentences

include: colony-settlement (convicted primarily for reckless crimes, in addition, for the

first time convicted of crimes of minor gravity) educational colonies for minors; medical

correctional institutions; correctional colonies of General, strict or special regime

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

129

(respectively, the regime is determined taking into account the gravity of the crime, as

well as relapse).); prisons (their number is insignificant, they contain persons who have

committed especially serious crimes, at especially dangerous relapse, and also

transferred from corrective colonies on a sentence of court in connection with malicious

violation of the order of serving of punishment) (Art. 16, 74 of the Criminal and Executive

code of the Russian Federation). In the domestic penal enforcement legislation there are

provisions on separate detention of men and women convicted of crimes, persons who

committed the crime for the first time and those convicted who previously served a

sentence of imprisonment (article 80 of the Penal enforcement code), as well as

provisions on changing the type of correctional facility for positively characterized

convicts (article 78 of the Penal enforcement code).

At the same time, there is a potential for improving legislative provisions and practice,

taking into account the positive foreign experience, within the framework of two

promising areas:

- differentiation of prisoners based on the findings of specialized centers on the level of

risk and accept in conjunction with that decision about the direction of the face (in

some cases also subject to his consent) to the penitentiary (where, in turn, operates

the appropriate socialization program);

- possibility of transfer of the sentenced person, the sentence which ends in a

penitentiary institution, with a ‘soft mode’ with simultaneous passing of the relevant

programs of adaptation and re-socialization.

These provisions should be reflected in the domestic penal enforcement legislation,

namely, in Art. 78 (Change of type of correctional institution) and in Art. 87 (conditions

of serving of punishment condemned to imprisonment) Criminally-the Executive code of

the Russian Federation.

4.2. The technical component of prison security.

The following is the experience of certain countries in the technical part of the security

of penal institutions, state its significance, and formulated recommendations for

improving national legislation in this part.

In the Netherlands the prisons are equipped with video cameras, which carry out

continuous monitoring of convicts (prisoners have virtually no personal space, excluding

the toilet and shower (Kurkina, 2013, p. 146).

In Spain, the system of security of penitentiaries (including the means of its technical

support) correlates with the type of institution, and in the centers of social integration,

which are generally not closed and operate on the basis of the principle of confidence in

the convicts (the latter have the opportunity to work and undergo treatment outside

these institutions), there is an effective security system that allows to control convicts

with, inter alia, electronic bracelets GPS-monitoring, indicators of alcohol content in the

blood, personal voice detectors (Teplyashin, 2016, pp. 113-120).

In the US:

- an important means of operational control of the criminal environment is centralized

accounting, which allows collecting, accumulating, storing, systematizing and issuing

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

130

operational information (Central Inmate Monitoring System), first of all, in relation to

prisoners with high criminal activity and significant criminal experience;

- prison staff widely uses advanced technical means to prevent escapes and other

crimes, violations of the established order of serving of punishment, and to obtain the

necessary information about the behavior of the convicts (Bykov, Kalugin, 2015,

p. 28-32).

The use of computer technologies with the use of digital monitoring and surveillance

systems allows:

- to effectively implement the task of implementation of integrated control of the

territory of the penitentiary institution;

- to prevent ill-treatment of inmates by correctional staff;

- to respond promptly to emergency situations and thereby ensure security within the

prison.

According to article 83 of the Criminal Executive code of the Russian Federation the

administration of correctional institutions has the right to use audiovisual, electronic and

other technical means of control and supervision in order to prevent escapes and other

crimes, violations of the order of serving the sentence, while obliged to notify prisoners

on receipt of the use of technical means of control and supervision.

Taking into account the high importance of technical means of ensuring penitentiary

security, it is necessary to shift the emphasis on the obligation to use such means in

order to ensure the personal safety of convicts and correctional facility personnel, and to

make appropriate adjustments to article 83 of the Criminal Executive code of the Russian

Federation.

5. Discussion

Peculiarities of functioning of penitentiaries and ensuring their security in

emergency situations.

Among these features are: the establishment of a special legal regime; the creation of

temporary structural units; the creation of a temporary system of management and

communication; the use of special tactics; the use of special tools and weapons

(Glushkov, 2013, pp. 28-30). In correctional institutions of the Republic of Belarus with

the introduction of special provisions the decision of the head of the institution may be

limited prisoners ' contact with the outside world, while in this mode, insulation is within

the institution or transfer to another prison convicts, organizing a group or provoking

illegal actions (Glushkov, 2013, p. 28-30).

In the UK the prisoners involved in the riots, the rebellions, hostage-taking and attacks

on representatives of the administration in places of imprisonment, transferred to a

prison lockdown; in the Commission of such acts in jail, they are placed in the camera

security category ‘A’ (in this case they lose their personal allowances and are subject to

the most stringent monitoring: produce weekly searches of their person and cells, where

they are contained (Coyle, 1994, p. 96; Draft guidelines for Prison and Probation Services

regarding Radicalisation and Violent Extremism, 2015).

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

131

In General, it is necessary to take into account the foreign experience of the functioning

of penitentiaries in emergency circumstances in the parameters of the current legislation.

Private prisons.

First version of private penal institutions of closed type was tested in the USA in the

1980s, currently there are private prisons in 27 States and managed by 20 private

companies, their capacity is 4.4 percent of the limit of American prisons (Shamsunov,

2016, p. 25-28). The researchers regard the opportunity to provide prisoners with fairer,

safer, humane and constructive living conditions, to reduce the burden on the state in

maintaining the penitentiary system as positive aspects (Kovalev, Sheremetyeva, 2013,

pp. 19-22), on the other hand, there is a lack of experience among the staff of such

institutions in working with a contingent of prisoners (Shamsunov, 2016, pp. 25-28), in

addition, the increase in the number of prisoners is associated with the privatization of

prisons (Kovalev, Sheremetyeva, 2013, pp. 19-20).

The model of private penitentiaries (with some modifications) is widespread in a number

of foreign countries (Shamsunov, 2016), while some countries (for example, Germany)

began to stop privatization of prisons (Gulina, 2012). The national special literature

suggests the possibility of gradual perception of foreign experience in this part in Russia

(Kovalev, Sheremetyeva, 2013, p.28).

The authors of this article believe that the question of the introduction of a model of a

private penitentiary institution in the penal correction system of Russia, taking into

account the noted positive and negative aspects of it, requires careful study with the

involvement of a wide range of scientists and practitioners. This process may be gradual,

subject to compliance with all relevant requirements established by law and other

regulatory legal acts for the organization and functioning of the correctional institution

(including security issues).

The outer side of the prison security.

There is and dynamically develops a system of social control over persons released from

correctional institutions abroad (Veldhuis, 2015) (first of all, repeat offenders (Tohava,

2009, pp. 198-201). In this regard, it is necessary to consider positively probation, which

performs, among other things, the form of social control and supervision, as well as the

prospects of its implementation in domestic practice.

In some foreign countries, criminal law instruments are provided for persons who have

committed particularly serious crimes and who have served prison sentences. In

particular, we are talking about the so-called preventive arrests (Sicherheitsverwahrung)

to persons convicted of especially serious crimes of violent nature applied within the

framework of the German penitentiary system (Gulina, 2012, pp. 136-142). At the same

time, it is necessary to pay attention to the reformation of this institution, including under

the influence of decisions of the European court of human rights (Reform der

Sicherungsverwahrung, 2011). In General, this institution raises questions in terms of its

legitimacy.

The current legislation of the Russian Federation provides for administrative supervision

of persons released from prison (Federal law of 6 April 2011), while the term of

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

132

administrative supervision is limited to the period established by the legislation of the

Russian Federation for the repayment of the criminal record. In this regard, the domestic

approach seems to be more in line with the General legal principle of legality. However,

this statement does not deny the opportunity to improve directly the forms of

administrative supervision in order to prevent the Commission of new crimes and other

offenses by repeat offenders.

Apparently, the efficiency of the implementation of the administrative supervision may

be provided subject to systematic observation carried out by supervised entities, an

important role is played by innovation component, namely, the establishment of

electronic registration of supervised persons and access by all law enforcement units. In

this regard, the importance of foreign best practices and the need to take them into

account and use them seems obvious.

Conclusion

Conducted on the basis of the comparative legal method and with the involvement of

other methods of scientific knowledge, the study has a significant novelty, since it

attempts to substantiate the parameters of the perception of the best foreign experience

of penitentiary security in the modern penal system of Russia. These parameters should

be correlated with the type of the Russian legal system and the needs of reforming the

Russian penal correction system in the direction of humanizing penitentiary activity, and

at the same time improving its efficiency and security. Penitentiary security is complex,

includes internal and external directions.

Accordingly, this vision, as a result of the comparison of the basic characteristics of the

penitentiary systems of a number of modern foreign States and the penal enforcement

system of Russia, identified promising for perception in domestic legislation and practice,

the provisions of best foreign experience and formulated recommendations regarding the

forms of this perception.

The conclusion about the reflection in the penal legislation of Russia (article 78, 87 of the

Penal code) used in the foreign penal practice methods of differentiation of convicts on

the basis of the findings of specialized centers on the level of danger and the possibility

of transfer of the sentenced person, the sentence which ends in a penitentiary institution,

with a ‘soft mode’ with simultaneous passage of programs of adaptation and re-

socialization.

The importance of the technical means of ensuring penitentiary security, confirmed by

the best practice in the implementation of penitentiary activities, raises the question of

increasing the technical equipment of correctional institutions and other institutions and

bodies executing criminal penalties, and also assumes reflection in the current criminal

Executive legislation (art. 83 of The penal code of the Russian Federation), the obligation

of the administration of correctional institutions to use such means in order to ensure the

personal safety of convicts and correctional personnel.

The humanization of penitentiary activities does not deny the adequate response of the

penal correction system to the threats posed by penitentiary crime and other factors that

disrupt the normal functioning of the penitentiary institution. In this regard, the national

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

133

practice should take into account the foreign experience of the functioning of penitentiary

institutions in emergency circumstances in the parameters of the current legislation.

Assessing the foreign practice of creating private closed-type penitentiaries, as well as

the possibility of its perception in the domestic practice, the authors proceed from the

fact that this process can be phased, while at the same time subject to all relevant,

established by law and other regulatory legal acts requirements for the organization and

functioning of the correctional institution (including security issues).

Development of forms of social control and supervision over the persons released from

penitentiary institutions (primarily retidivirovanii) in Russia has prospects in the

parameters stipulated by the Federal law (2011) on administrative supervision over

persons released from places of imprisonment. The introduction of electronic records of

persons under surveillance and the provision of access to them by all units of law

enforcement agencies can contribute to improving the efficiency of administrative

supervision.

References

Antonov, A. B., Balashov, V. G. (1996) Bases of ensuring safety of the personality, society

and the state. M. 1996.

Babaev, M. M., Rakhmanova, E. N. (2003) Human rights and criminological security.

Moscow: Logov.

Bagreeva, E. G. (2012) The organization of penitentiary systems in international practice.

Criminal Executive System: Law, Economics, Management. No. 5. pp. 21-24.

Bakhin, S. V. (2003) Cooperation of States on approximation of national legal norms

(unification and harmonization of law). Saint Petersburg: Издательство.

Bukalerova, L. A., Minyazeva, T. F. (2013) Serving of imprisonment: experience of the

Russian Federation and Norway. Administrative and Municipal Law. Moscow: Nota Bene.

Bykov, A. V. (2017) Penal systems of modern democratic States: a comparative legal

analysis. The third international penitentiary forum "Crime, penalty, correction" (to the

20th anniversary of the entry into force of the Criminal Executive code of the Russian

Federation): collection of abstracts. Ryazan, 21-23 Nov. 2017). Ryazan: Academy of

FSIN of Russia. Vol. 1. pp.

Bykov, A.V., Kalugin, M. A. (2015) Security in prisons, US. Penal System: Law,

Economics, Management. No. 6. pp. 57-61.

Central Inmate Monitoring System, 28 C.F.R. pt. 524, subpt. F; Program Statement

5180.05.

Chornuy, V. N. (1996) The safety of prisoners in detention (extended abstract of doctoral

dissertation). Ryazan: Ministry of Interior of Russian Federation Ryazan Institute of Law

and Economics.

Concept of development of the penitentiary system of the Russian Federation until 2020:

order of the Government of the Russian Federation No. 1772-R of October 14, 2010.

Coyle, A. (1994) The prisons we deserve. Harper Collins Publishers. London.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

134

Coyle, A. (2002) A Human Rights Approach to Prison Management: Handbook for prison

staff. International Centre for Prison Studies, London.

Dewey, J. (1938) Experience and Education. In Boydston, A. (Eds.) (1986) The later

works of J. Dewey. Vol. 13. 1938–1939. Carbondale: Southern Illinois University Press,

1–62.

Draft guidelines for Prison and Probation Services regarding Radicalisation and Violent

Extremism. 17-18 (2015) 2 rev 5. Strasbourg, 2015.

Garmash, A., Anosov, M., Muzaleva, L. (2012) Resocialization of ex-prisoners: the

experience of foreign countries. No. 32. pp. 15.

Glushkov, A. I. (2013) Foreign experience of regulation of activities of institutions of the

penal system in emergency situations. International Public and Private Law. No. 3. pp.

28-30.

Golodov, P. V., Spasennov, B. A. (2015) The Analysis of foreign experience of activity of

penitentiary. Penal System: Law, Economics, Management. No. 5. pp.

Gorban', D. V. (2016) Progressive system of execution and serving of correctional

services. Actual Problems of the Russian Law. No. 4. pp. 176-183.

Gulina, O. R. (2012) Penitentiary system of the Federal Republic of Germany in modern

conditions. Russian Legal Journal. No. 4. pp. 136-142.

Kazak, B. B. (2001) Security of the correctional systems. Ryazan: Akademiya prava y

upravleniya Minyusta Rossii.

Koski, M., Druzhinina, O. V. (2015) The Organization of prisons in Finland after the reform

of 2006. Bulletin of the Institute: Crime, Punishment, Correction. No. 3 (31). pp. 90-96.

Kovalev, O. G., Sheremetyeva, M. V. (2013) US Penitentiary System: Organisational

Features & Modern Trends. Penitentiary System: Law, Economics & Management, 4, pp.

19-22

Kraynova, N. (2002) Resocialisation of Convicts: Foreign Expertise. Penal Law, 2,

pp. 36–40.

Kudryavtsev, A.V. (2013) Operational-search activity as a means of reducing criminality

of criminal-executive legal relations. Criminal-Executive System: Law, Economics,

Management. No. 5. pp. 20 – 23.

Kurkina, I. N. (2013) International Practice of Penal Execution. Proceedings of

International Research and Practice Conference “Modern Society’s & State’s Criminal and

Penal Policy: Russian and Foreign Expertise”, Vladimir, 29-30 November 2012. Vladimir

Law Institute of the Federal Penitentiary Service of Russia. Vladimir.

Lelyukh, V. F. (2006) Russian criminal Executive system: the social problems of reform.

Abstract. Kemerovo: Kemerovo State University.

National security strategy of the Russian Federation : presidential decree No. 683 of 31

December 2015.

Pavlenko, A. A. (2015) On the question of the possibility of using foreign experience of

means of ensuring the regime in institutions of the penal correction system. Criminal-

Executive Law. No. 1. pp. 104-109.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

135

Pertly, L. F., Fumm, A. M., Iron, Yu. Yu., Borisova, T. V. (2012) The Order and conditions

of serving of imprisonment: comparative legal analysis of the European legislation.

Moscow.

Reform der Sicherungsverwahrung. Bund und Landern konnen sich nicht einigen (2011)

Stern-Magazin.

Romashov, R. A., Tonkov, E. N. (2014) The prison as "the city of the earth". Saint

Petersburg: Aleteiya.

Saheim, A. (2006) Basic training for correctional institutions in Norway: organizational

structure and directions. Professional training for penitentiary institutions in Russia and

abroad: problems and prospects. Vologda: VIPE FSIN Rossii.

Shalahin, I. V. (2011) Theory and methodology of the study and limitations (warnings)

of the crime, criminological ensure the security of the person. Moscow: MPGU.

Shamsunov, C. H. (2016) Private prisons in the world: whether they are necessary to

modern Russia? Criminal Executive System: Law, Economics, Management. No. 3. pp.

25-28.

Shumilov, V. M. Legal system of the United States: a Training manual. M., 2013.

Stohr, M., Walsh, A., Hemmens, A. (Eds.), (2009) Corrections: a Text/Reader. Thousand

Oaks, California.

Teplyashin, P. V. (2016) Modern Penal Law Analysis of the Iberian European Penitentiary

Systems. Modern Law, 4, pp. 113 - 120.

Ter-Akopov, A. A. (1998) Human Security (theoretical foundations of social and legal

concept). Moscow: MNEPU.

The concept of public safety in the Russian Federation: UTV. The President of the Russian

Federation. November 20, 2013

The concept of the Federal targeted programme "development of the penal correction

system (2017-2025)": order No. 2808-R of the Government of the Russian Federation of

23 December 2016.

Timofeeva, E. A., Motin, O. A. (2014) On the issue of foreign practice of the system of

electronic monitoring of controlled entities. Vestnik instituta: crime, punishment,

correction. Vol. 4 No. 28. pp. 88-94.

Tohava, E. A. (2009) Foreign experience of socio-legal control over the persons, released

from correctional institutions. Penal system: Law, Economics, Management. No. 4. pp.

198-201.

Tonry, M. (2001) Symbol, Substance, and Severity in Western Penal Policies. Punishment

and Society - International Journal of Penology. Vol. 3, pp. 517-536.

Useev, R. Z. (2015) Does the penal enforcement system need a security paradigm. Penal

Enforcement Law. No. 3 (21). pp. 56-61.

Veldhuis, T. M. (2015) Reintegrating Violent Extremist Offenders: Policy Questions and

Lessons Learned. Program on Extremism. Washington. University Program on

Extremism Occasional Paper, 1-11.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 9, Nº. 1 (May-October 2018), pp. 122-136

Foreign experience in ensuring the security of the penitentiary system and the possibility of its use in

domestic practice

Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna

Mikhailova, Sergey Alexeevich Shatov

136

Yakovlev, K. L., Yakovleva, E. I., Yakovleva, O. N. (2011) State and legal bases of the

organization of law enforcement agencies of foreign countries. Moscow: Infra-M.