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Austrian Journal of Humanities and Social Sciences 1-2 (2017)
UDC 343.982.33
DOI: http://dx.doi.org/10.20534/AJH-17-1.2-231-235
M. A. Kaluzhina 1
1 Research Institute of the Federal Penitentiary Service, Moscow, Russia; Kuban State University, Krasnodar, Russia
INFORMATION SUPPORT OF PENAL SYSTEM OPERATIVELY - SEARCH ACTIVITIES
Abstract
Objective: to determine the essence, the impact and the main features of informational support of penal system operatively-search activities of the Russian Federation.
Methods: comparison, generalization, observation, systemic analysis, data grouping, theoretical cognition, the method of analogy and historical method.
Results: basing on the comparative law analysis of scientific law literature and statistical characteristics, the historical background is revealed the presence ofthe informational classification system based on the division into separate groups of elements of identification signs and symptoms of a crime. The classification criteria are the objects of registration as well as the means and methods of obtaining information, describing the objects of registration significantly changed.
The information support operatively-search activities is defined as a monitoring process with the aim of gathering and analyzing relevant information, the disclosure of the reasons for the penal crime, the formation of the priorities of crime prevention in prisons.
The essence of information provision is expressed in a specific law and organizational forms implemented in order to protect the personal safety and security of inmates and are the specific function of the control action of the executive power in the face of operational prison staff.
Scientific novelty: for the first time on the basis of the presented methods, the article studies the essence of the information support on the operatively-search activities in penal system.
Practical significance: the main provisions and conclusions of the article can be used in scientific and teaching activities in addressing issues of penal security.
Keywords: Investigation of crime; Penal institutions; Operatively-search activities.
INTRODUCTION
Penal system is one of the most important social and legal institutions of the Russian state.
There were some aspects of operatively-search activities in special literature. In particular they were identification of persons and facts that represent an operational interest; operative development (testing). This position was characterized by such scientists as the D. V. Grebel-skiy, A. G. Lekar, and V. G. Samoilov [1, 65]. Researches mark many aspects in activities ofbodies and institutions of the penal system [2, 112], but the majority earmark acts pursuant courts sentences [3, 24]. Prisoner's correction and prevention the commission of new crimes are priority objectives of the penal legislation. It is considered as a measure of security as well. This is predetermined by the specificity of activity of the institutions and bodies of the correctional system.
Radical changes in all areas of public life affected all institutions of the Russian state, including penal sys-
tem. In accordance with the Concept of development of the Russian penal efforts aimed at creating a system of counteraction to criminal behavior convicted on the basis of application of modern technology and approaches to the organization's security penal facilities.
A. V. Kudryavcev considered supervision as a measure of security of inmates and the staff [4, 34]. Assistance to law enforcement agencies in the investigation of crime is one of the main tasks of the institutions and bodies of the correctional system, provided by the penal laws of the Russian Federation. Sometimes the penal system employees of Russia are not sufficiently trained to carry out a preliminary investigation of crimes. Legally established goals and objectives of the operatively-search activities allow us to consider it as part of the criminal justice system, to solve their problems in close and continuous cooperation with the investigating authorities, justice, and security, penal and other institutions. At the same time functionally operatively-search activity
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has its own character, different from the administrative law, criminal, procedural and criminal-executive functions of the criminal justice system. Such specificity is determined by the legal goals, specificity investigative action, and its own laws of development A. V. Bykov and T. V. Kikot-Gluhoedova noted that by penal institutions law enforcement supervision implementation in the studied foreign countries have legislative regulation, determines the rules of proper use of those or other coercive measures, depending on the mode and type of such institution [5, 5].
A distinctive feature of operatively-search activity is its reconnaissance and exploratory in nature. Its content is obtaining information on the identification evidence of signs of the preparation and commission of crimes, their subjects, wanted fugitive offenders. The above features determine features of information support of such activities.
E. P. Ichenko marked that the dynamics of the information support system, as one of the main components of technical and criminalistics maintenance of disclosing and investigation of crimes demonstrates the perceived need to obtain information with respect to each object registration, the establishment of direct and indirect links through the use of scientific and technological achievements by capturing and analyzing information [6; 7].
RESULTS OF RESEARCH
Operatively-search activities play an important role in ensuring the realization ofthe goals of the correctional policy and penal legislation. Operatively-search activities is carried out in order to protect life, health, rights and freedoms ofman and citizen, property, society and the state to ensure security from criminal encroachments.
The right to carry out these activities, among others, the legislator has provided and operational units of the Federal Penitentiary Service, by which is meant the specialized structural units of the central and territorial authorities, prisons and detention centers of the correctional system.
It is the responsibility of operational devices is to detect, prevent and combat crime, admitted prisoners, including violations of the established order of punishment that staff of other services to identify which is difficult and sometimes impossible.
The effectiveness of the implementation of penal policy advocates an integral part of protective functions of the state, includes a set of measures to combat prison crime [7, 30]. The effectiveness of opposition depends
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on focus of decisions on the goals and objectives in this area. Such solutions are only possible with a high level of awareness, timely information about the criminology processes occurring in the environment convicted. Information security plays a crucial role in the implementation of the operatively-search activities problems in prisons, it is a means of ensuring the rule of law (legal security) by solving problems related to the execution of criminal penalties [8, 70].
Considering the institution of criminal registration in Russia as a natural historical process, based on the position of the objective connection of phenomena of nature and society, we can conclude that at the initial stage was enough visual method offixing information for regulation of social relations in the sphere of combating crime.
With the development of the state and society has evolved and became more complex criminal activities. To counteract it required additional scientific knowledge, provided the impetus for the development of tools and methods for identifying, recording information about the crime and the criminal. It is the first one of the first areas of criminology, over time criminal registration has proved its effectiveness as a tool detective and operative-search activity. This is evidenced by the historical process of collating information about criminals: forming first elementary and then the more complex card files, based on certain criteria systematization of signs that could identify the perpetrators of the crime. Depending on the political situation in the country and its exchange rate, taking into account objectives were changed, shaped the latched information: identifying characteristics of objects registration [9, 15].
Various types of file cabinets forensic orientation, intended to accommodate the identified criminals, proven relevance and kept up to date appeared in eighties of the XIX century. These features should include the structure, principles of organization, information content, designed to solve specific problems of crime detection and investigation of persons who have committed them. This is evidenced by the presence of the classification system based on the division into separate groups of elements of identification signs and symptoms of a crime [10, 54].
The first group may include information reflecting the individual identification characteristics of offender. It was the subject to be counted. In this case, the following registration methods: descriptive (verbal portrait, anthropometry, physical features, tattoos, nicknames),
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fingerprint (getting fingerprints patterns fingers criminals), forensic photography (fixing features of the obj ect using the means and methods of forensic photography).
The second group functioned on the basis of the object and the subject of the crime) contain information relating not to individual objects, and to the mass of similar overall, similar objects, so it had the generic features. It contains alphabetical surveys of victims, registration of unidentified corpses with signs of violent death records of stolen things, the collection of fake registration documents and counterfeit money. Card indexes of counterfeit money, securities, currencies, foreign countries, forged metal coins, and fake registration documents established the common origin of the object registration method and production technology, as well as to identify those involved in their manufacture.
The third group modus operandi information can be turned on from the signs that reveal the way to criminal actions about the ways of committing unsolved crimes. It should be noted that the last two groups have with respect to the first auxiliary character, because they contain information that identifies the object making contact (the person- the thing, the thing — the subject of the offense — the offense). At the present time to be registered and other objects of criminal trespass, means and methods of committing crimes, and so on.
Creation of the first half of XX century structural operational units in penal system has allowed a whole new level to carry out actions to improve the situation in penal institutions, which was quite complex. A. V. Agar-kov noted the structure created operational units which operate independently subdivisions implementing information support of operational units. Their specificity was determined by the objectives and tasks of these units, as well as the use of special tools and techniques [11, 54].
Over the years, the views on the nature and substance of the information to ensure operational and investigative activities in penal system have undergone major changes. The means and methods of obtaining information, describing the objects of registration significantly changed. That was the main reason the system more accurate targeting [12, 99].
Operational and relevant information in penal system focuses and organizes in operational accounting in the form of databases. At present, such surveys there are several dozen [13, 6]. The effectiveness of the fight against crime, prison, penitentiary, preventing crime can be achieved when the protection, control and supervi-
sion based on timely, complete, reliable information obtained in the course of inspections, searches and other security measures [14, 9].
New realities allow capture, process, transmit at a distance and store large amounts of information. According to this principle are forensically important information database. They define the principles of information retrieval systems and information centers to realize the function of information support forensic activities [15, 220]. Such information database call accounting, and produce scientifically developed system of registration and storage of data on persons, objects and other objects that have forensic value — forensic registration.
The further development of forensic registration demonstrates the necessity of integration disparate identity systems into a single information retrieval system of integrated and automated data banks accumulation, storage and delivery of forensic information. In terms of integration of information retrieval systems, the use for this purpose a global network Internet there are new aspects of the registration and forensic activities [16, 36].
The Russian databases registration of criminal suspects accused of committing a crime or convicted of a crime, based on binding principles, so does not depend on the will of its members. From the standpoint of the criminal law doctrine of the concept of the constitutional rights of convicts cannot be equated with the constitutional rights of free citizens [17, 106]. The implementation of the constitutional rights of the convicts has its own characteristics, which are regulated in the law, and especially the penitentiary.
The legal basis of the forensic registration are: The Constitution of the Russian Federation; Russian Federation's international agreements on cooperation between the law enforcement agencies in the fight against crime; Federal legislation regulating the activities of the police and other law enforcement agencies; Criminal and criminal-procedural legislation of the Russian Federation; Legislation in the field of operatively-search and state forensic activities; Normative legal acts of the Ministry of Internal Affairs of the Russian Federation and interagency legal acts [18, 18].
It is known that the information support of activity of enforcement authorities is necessary for good governance, informed decision-making based on complete, timely and reliable information [19, 23]. The level of information support of activity of the institutions of the penitentiary system has a significant influence on all the
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processes of socio-economic development of society, it is one of the strategic directions of increase of efficiency of law enforcement at all levels [20, 3].
Ready reference, forensic and investigative surveys the bodies of internal affairs of the Russian Federation are used by federal executive bodies in the implementation of the inquiry, investigation and operational-search activity. Use of information by penal employees in Russia can be focused on the solution of problems of criminal proceedings. The information contained in data banks contributes to the establishment of circumstances, subject to proof in a criminal case [20, 23]. With proper design of such information may take the form of "other document" — the evidence provide by paragraph 6 of Part 2 of Article 74 the Code of Criminal Procedure. Data bases registration provides the conditions for the identification of objects by means of accounting materials. The quality and amount of information depends on the efficiency of the organization of work on the identification, prevention, and preparing disclosure committed crimes in prisons; establish the whereabouts of criminals implement tracing of persons and objects, whose whereabouts are unknown. The information contained in criminal records information is orienting the
character and is needed when making procedural and tactical decisions.
The successful implementation of modern Russia penal policy is determined by a complex of measures specifically preventive nature, part of which is the presence of prison staff access to information and enforcement agencies. Information plays a key role in the detection and investigation of non-obvious crimes, establishing control over certain categories of persons convicted of criminal activity groups, serves as a link with all the activities of the state in combating crime and ensuring security.
conclusions
Thus, information support operatively-search activities should be defined as a continuous monitoring process with the aim of gathering and analyzing operational and relevant information, the disclosure of the reasons for the penal crime, the formation of the priorities of crime prevention in prisons.
The essence of information provision is expressed in a specific legal and organizational forms implemented in order to protect the personal safety and security of inmates and are the specific function of the control action of the executive power in the face of operational prison staff.
references:
1.
Grebelskiy D. V. Organized and theoretical framework and law problems of operational-investigative activities of internal affairs bodies. Monograph. M, 1977. 237 p. (in Russ.).
Alexseev A. I., Ovchinskiy V. S., Pobegaylo A. F. Russian criminal policy: overcoming the crisis. M.: Norma, 2006. 143 p. (in Russ.).
Krymov A. A. Criminal procedure activity of bodies and establishments of penal system of Russia. M.: Prospect, 2017. 464 p. (in Russ.).
Kudryavcev A. V. Operativno-regimnoye obespechenie otbyvaniya nakazaniya v vide lisheniya svobody: problem teorii i practiki. Monograph. Otv. red. K. K. Goryainov. Vladimir, 2009. pp. 7-45. (in Russ.). Bykov A. V., Kikot-Gluhoedova T. V. The police system of modern demographic state. Monograph. M.: UNITY-DANA: Law and Right, 2010. 304 p. (in Russ.).
Ichenko E. P. Criminalistics and new technologies. Vestnik kriminalistiki. 2009 (3 (31)). pp. 6-15. (in Russ.). Starkov O. V., Milukov S. F. Punishment: criminally-legal and crime-penology analysis. Monograph. Sankt-Pe-tersburg, 2001. 461 p. (in Russ.).
8. Kochedykov S. S., Churakov V. G. Prospects of application of information systems in the operational-search activities at ensuring security in the penal system. Vestnik of Voroneg institute FSIN Russia. 2013 (2). pp. 64-70. (in Russ.).
9. Jakovets E. N. Professional research bodies and other subjects of informational security of Russian imperia. Monograph. M.: Urlitinform, 2012. 600 p. (in Russ.).
10. Jakovets E. N. The foundations of information and analytical support for operatively-search activity. M., 2009. 464 p. (in Russ.).
11. Agarkov A. V. Historical and organizational law aspects operatively-search activity development in places of detention. Monograph. Vladimir, 2010. 167 p. (in Russ.).
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12. Ovchinskiy S. S. Operatively-search information. Monograph. M., 2000. 367 p. (in Russ.).
13. Hohrin S. A. Informational support in prevention of crimes in correctional facilities. Vestnik of Perm institute FSIN Russia. 2013 (2 (9)). pp. 5-7. (in Russ.).
14. Volynskiy A. F. Organization of the investigation of crimes: problems and solutions. Rossiyskiy sledovatel. 2016 (1). pp. 7-11. (in Russ.).
15. Belkin R. C. Selected works. M., 2008. 768 p. (in Russ.).
16. Ovchinskiy A. S. Operatively-search analytics. Monograph. M., 2015. 108 p. (in Russ.).
17. Mikhlin A. S. Criminal executive law. M.: Yurayt-Isdat. 2009. 422 p. (in Russ.).
18. Kaluzhina M. A. The law regulation of information and analytical support operational and investigative activities in the penal system. Vestnik of Kuban State University. 2016 (1 (26)). pp. 18-20. (in Russ.).
19. Ovchinskiy A. S., Chtbotaryova C. O. Crime matrix. M.: Norma, 2017. 112 p. (in Russ.).
20. Ovchinskiy A. S. Law infotechnology. M.: Norma, 2009. 144 p. (in Russ.).
Information about the author
Marina A. Kaluzhina, Candidate of Law, Leading Researcher, Research Institute of the Federal Penitentiary Service
of Russian Federation; docent, Kuban State University.
Address: 140 1 Linija Str., 350047, Krasnodar, Russia, tel.: +7 (967) 655-97-77
E-mail: kaluzhina.marishka@yandex.ru
ORCID: http://orcid.org/0000-0003-4603-4129
