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25педагогически Анщенко Вiкторiя Олександрiвна
науки П1ДГОТОВКА ОФЩЕР1В-ПЕШТЕНЩАРПВ ДО ...
UDK378
PENITENTIARY OFFICERS' TRAINING FOR SERVICE AND PROFESSIONAL ACTIVITY IN THE ASPECT OF FORMING ADMINISTRATIVE COMPETENCE
© 2019
Anishchenko Viktoria Oleksandrivna, PhD in Engineering sciences, Associate Professor;
Head of Science Activity and International Cooperation Department;
Associate Professor of Economic and Social Disciplines Department Academy of the State Penitentiary Service of Ukraine (14000, Ukraine, St. Honcha, 34, e-mail: [email protected])
Abstract. The article determines a penitentiary officer's personal qualities and administrative competence as the basis for successful management of penitentiary institution and presents the topic of short-term advanced training courses for penitentiary officers, the methods of individual and group assessment o qualities, key professional administrative competencies and the assessment specifics of readiness levels for performing their professional functions. Methods of the research are the following: analysis, synthesis, generalization - are used for defining the requirements for a penitentiary officer, who holds a leading position in the penitentiary institution, his personal qualities and competences, the content developing of advanced training program courses; questioning - is used to identify the problems in the heads activity of penitentiary institutions, needed to be solved; the results assessment of educational activity - is used in order to make adjustments to the program of advanced training courses. The Academy of the State Penitentiary Service was chosen as an experimental base. First deputy heads of penitentiary institutions and remand centers were involved in the experiment. The results of the research are the following: the analysis of normative documents and scientific publications, of teaching aids at the angle of identification of penitentiary officer's personal qualities and competences was made; approaches to assessing the effectiveness of penitentiary officer's activity, taking into account modern requirements, were generalized; methods of penitentiary management assessment were shown, criteria and indicators in order to determine the levels of formation the readiness for execution the position functions by the penitentiary officers, who conduct administrative functions, were used; respondents questioning was conducted and the assessment results of penitentiary officer's personal qualities and competencies were analyzed in order to identify knowledge, skills and abilities necessary to ensure effective functioning of penitentiary institutions.
Keywords: penitentiary officer, a penitentiary officer's personal qualities and competencies assessment, program of advanced training, principles of penitentiary management, criteria and indicators for penitentiary administrative assessment.
П1ДГОТОВКА ОФЩЕР1В-ПЕН1ТЕНЩАРПВ ДО СЛУЖБОВО-ПРОФЕС1ЙНО1 Д1ЯЛЬНОСТ1 В АСПЕКТ ФОРМУВАННЯ АДМ1Н1СТРАТИВНО1 КОМПЕТЕНТНОСТ1
© 2019
Анщенко Вiкторiя Олександрiвна, кандидат техшчних наук, доцент; начальник ввддшу науково! дiяльностi та мiжнародного сшвробггаицтва, доцент кафедри економши та сощальних дисциплш Академiя Державное пенiтенцiарноi служби (14000, Украта, вулиця Гонча, 34, e-mail: [email protected])
Анотащя. У статп визначеш особиспсш якосп та адмшстративна компетентшсть офщера-пенггенщаргя як основу усшшного управлшня установою виконання покарань та представлено тематику короткострокових курав тдвищення квалiфiкацii офiцерiв-пенiтенцiaрпв, методи iндивiдуальноi та групово! оцшки якостей, ключових професшних, в тому числ! адмшстративно!, компетентностей офiцерiв-пенiтенцiaрпв та специф^ ощнювання рiвнiв !х готовносп до виконання службово-професшних функцш. Методи дослщження: аналiз, синтез, уза-гальнення - для окреслення вимог до офщера, який займае керiвну посаду в установi виконання покарань, його особиспсних якостей та компетентностей, розробки змюту програми курав тдвищення квалiфiкацii'; анкетуван-ня - для визначення проблем в дiяльностi керiвникiв установ виконання покарань, що потребують виршення; оцшки результапв навчально! дгяльносп - для внесення коректив в програму курав тдвищення квaлiфiкaцii. Експериментальною базою обрано Академш Державно! пештенщарно! служби. До експерименту були зaлученi першi заступники нaчaльникiв установ виконання покарань та слвдчих iзоляторiв. Результати дослiдження: проведений aнaлiз нормативних документiв та наукових публжацш, навчально-методичних посiбникiв пвд кутом вияв-лення особистiсних якостей та компетентностей пештенщарних менеджерiв; узагальнено пiдходи щодо ощнювання ефективностi дiяльностi пенiтенцiaрних менеджерiв з урахуванням сучасних вимог; показано методи ошнювання пештенщарного менеджменту, використано критерп та показники для визначення рiвнiв сформовaностi готовностi до виконання посадових функцiй офiцерaми-пенiтенцiaрiями, як! здшснюють aдмiнiстрaтивнi функцп; проведено опитування респондентiв та проaнaлiзовaно результати ощнювання особиспсних якостей та компетентностей офiцерiв-пенiтенцiaрiiв з метою виявлення знань, вмшь та навичок необхвдних для забезпечення ефективного функцiонувaння установ виконання покарань.
Ключовi слова: офiцер-пенiтенцiaрiй, пенiтенцiaрний менеджмент, адмшстративна компетентнiсть офще-рa-пенiтенцiaрiя, програма пвдвищення квaлiфiкaцii, принципи пенiтенцiaрного менеджменту, критерп та показники для оцшки адмшстративно! компетентности
Statement of the problem in general and its relationship functioning, adherence to the principles of physical, dynam-
with important scientific and practical tasks. Among the ic and procedural security, and fulfillment of strategic tasks
goals and strategies of the Ministry of Justice of Ukraine, of the state penitentiary policy.
the aim is «to transform a closed militarized punitive system Analysis of the latest developments and publications in
into a modern, well-equipped and effective system that is which the problem solution is being searched with the em-
capable to ensure an appropriate balance of crime preven- phasis of the unsolved parts of the general problem to which
tion, offenders' rehabilitation, respect of human rights and the article is dedicated. In contrast to the needs of peniten-
the rule of law» [1]. tiary system, the degradation of reflexive aspect of manage-
The strategy points to the necessity of introducing effec- ment is among the reasons of low management culture that
tive penitentiary management that will meet modern require- consists in the loss of opportunity to predict the previous
ments and will give an opportunity to provide the conditions, states and their dynamics with analyzing, the emergence of
necessary for implementation of convicts' re-socialization reflexive aspect degradation of management through the loss
and reintegration, support of penitentiary institutions proper of «system memory». Socially important decisions, taken
Anishchenko Viktoria Oleksandrivna pedagogical
PENITENTIARY OFFICERS' TRAINING FOR SERVICE ... sciences
with a clear violation of logics and measure, through direct lie of politicized managers that do not cause sanctions from their colleagues, make evidence the dominance of the conglomeration of personalities (meeting of interests) over a social system united by common norms and ethics [2].
This actualizes the issue of the management assessing of penitentiary institutions through penitentiary officers' activity, from administrative competence of which the effectiveness of mentioned institutions functioning depends on.
While having ambiguous attitude to the institution management, the scholars are still suggesting to assess it on the basis of a competent approach, defining a head's behavior and features, they distinguish a set of the main competencies, such as: interpersonal skills; oral communication; integrity/ honesty; written communication; constant education; motivation of a public service; cooperation, management of relations, necessary for prison, etc. Prison heads' competences include: moral principles and values; interpersonal skills; motivating of the others; reports development of primary data; conflicts management; teambuilding; cooperation; problem solving and decision making; strategic thinking; changes management; program planning and work effectiveness assessment; Criminal Justice System [3]. All of the features are signs of administrative competence of penitentiary officers who perform administrative functions in penitentiary institutions.
In the management assessment of an institution, attestation procedures - work assessment and personnel assessment are proposed to apply. Thus, work assessment involves comparing of actual content, quality, amounts and intensity of personnel's work with the planned one. Personnel assessment aims to determine the degree of employee's preparedness for a particular activity, as well as the level of his potential capabilities for the prospects outlining of professional growth (rotation). It is believed that personnel evaluation should be conducted directly by the heads or other professionals who use the methods of individual and group assessment of employee's qualities [4].
Maintained analysis of scientific publications showed that the researchers consider the management of penitentiary system through: the prism of established international requirements for the penitentiary personnel that needs the formation of its staff adequate to modern realities and the development of new social and legal foundations of personnel policy [5]; requirements for personnel's level of education, quality of staffing and improving the effectiveness of personnel management [6]; disclosure of the essence of public administration in penal sphere by defining goals, tasks, functions and principles of public administration in this area, directions of its development [7]; administrative-legal bases for maintaining control over activity of penal bodies and institutions and its normative-legal ensuring [8]; practical tools for forming management competencies at the basis of the latest achievements of European countries in penitentiary sphere [9]; the processes impact of globalization on the management of penitentiary system [10], etc.
The problem of penitentiary officers' training, who are in the role of penitentiary manager-officers of penitentiary institutions, is highlighted in the tutorial «The Guide for Prison Heads», in which the authors propose a five-day cycle of seminars for penitentiary manager-officers, during which they consider issues related to: the definition of current problems; effective leadership; human rights, international standards and good prison administration; the importance of legislative framework, policy and rules [11].
The tutorial aims, in condition of the absence of complex assessment of prison system in the country, to involve the participants of the seminar in identifying challenges in this system, in diagnosing or assessing the situation, as well as disclosing of existing international standards and practice of their implementation.
The mentioned scholars ignore the issues, connected with the usage of methods for assessment the key professional competencies and the assessment specifics of penitentiary 10
officers' activity, who conduct management functions. At the same time, the requirements for the administration of penitentiary institutions are defined in European Prison Rules [12], among which the following can be distinguished: the management of penitentiary institutions should be conducted in ethical context; the personnel should demonstrate clear understanding of the aim of penitentiary system, and the head should encourage leadership for better achieving of this goal.
At the same time, in the system of heads of institutions (penitentiary officers) advanced training in Ukraine, scholars' work is not sufficiently taken into account, and the process of studying at the courses itself only gets acquainted with national and international legislation and does not take into account the development of qualities and competencies, the assessment of penitentiary management that determines the topicality of theoretical development of the program content of advanced training, criteria and indicators for assessment the effectiveness of penitentiary management.
Formulation of objectives and statement of the work mission. The purpose of the research is to substantiate theoretically the essence of the concept «penitentiary management assessment» through the prism of forming the administrative competence of the penitentiary officers, to develop the subject of the program of penitentiary officers' advanced training courses, to reveal the influence of the program of these courses on formation of penitentiary officers' readiness to perform their professional functions effectively.
Presentation of the basic research material with full justification of scientific results, the formulation of recommendations. Considering the concept «manager», the researchers point out that the manager is a person who occupies a permanent managerial position and is empowered to make decisions on certain types of activity of an organization operating in market conditions. This term is considered by scholars to be used for all persons, which make the management and organization of any work of subordinate people, performing functions that provide: establishment of external connections; execution by an organization of its main purpose; the role of a leader able to lead subordinates; development and implementation of the strategy and tactics of the activity of an organization or a unit; responsibility for the results of the activity of an organization or a unit; creation of a team; analysis and assessment of made, implementation of measures in order to improve the state of affairs, etc. In addition, manager are divided into three levels, or links: low, average and high [13].
Analyzing the factors influencing perception of the manager's personality, researchers focus on assessing their behavioral responses and interpreting the set of characteristics of the object of observation, as well as the fact that «the result of observation depends on the observer's interest and the context of the situation in which the observer takes part». It is stated now that «changes of the content of perception are determined by changing intentions of an individual that create ideas about the future and serve as guides for further action» [14].
It is believed that the head of a penitentiary institution, as a modern manager-officer, must have detailed professional knowledge and skills, have a thorough or good knowledge of the management (administration) in penitentiary system, of convicts' correction and re-socialization, and high personal culture oriented on effective communicative interaction.
Consequently, the notion «penitentiary manager-offi-cer» is appropriate to be identified with a person who has the authority to implement his functions aimed at: selection and placement of the staff; creation the conditions for their normal work; setting strategic and tactical goals for the development of a penitentiary institution; monitoring of the activity of a penitentiary institution and regular control of the tasks performed by the personnel; providing discipline and security (dynamic, procedural, physical); taking care of personnel's advanced training and their getting acquainted with modern approaches to work with convicts and prisBalkan Scientific Review. 2019. T.3. № 2(4)
педагогически науки
Анщенко Вiкторiя Олексан^вна П1ДГОТОВКА ОФЩЕР1В-ПЕШТЕНЩАРПВ ДО ...
oners; creation of the environment at an institution and the conditions that would ensure compliance with international and domestic standards of treatment with convicts and prisoners; strengthening of external relations with state and nonstate institutions, international organizations concerned with solving the problems of penitentiary institutions and former prisoners' reintegration into society; preventing corruption.
We proceed from the fact that the assessment of penitentiary management should take into account both objective indicators of the activity of a particular penitentiary manager-officer, and subjective impressions of a person who evaluates it and his interest. Thus, the concept «penitentiary management assessment» can be characterized as a process, the essence of which is to determine the effectiveness of the activity of the authorized subject of management and to prepare a report on the results of the assessment of his professional functions performing, the availability of personal qualities, competences, expressing own observer's opinion on the level of a penitentiary manager-officer's readiness for management activity.
A penitentiary manager-officer and officer must undergo training, relevant to his position (advanced training) every five years, during which he must acquire new knowledge and demonstrate personal qualities and competencies, relevant to his functional duties that are to be assessed and taken into account during the attestation.
First deputy heads of penal institutions and remand centers undergo advanced training at Academy of the State Penitentiary Service. The need to improve the content of the program of advanced training courses for the heads of penal institutions and remand centers was proved by the results of our empirical research. The author's questionnaire used for this purpose that consisted of blocks of closed and open questions, allowed reveal students' knowledge of legislative base, the basic principles of penitentiary management and personnel management, convicts management, ensuring discipline and security, the order of planning and inspecting an institution, the problems, penitentiary manager-officers face with in their work, etc. The results of the survey of 67 respondents are presented in Table 1.
The analysis of respondents' answers to the first block of questions indicates complete (34,33 %) or partial (53,73 %) awareness of the vast majority of respondents regarding international standards of treatment of prisoners and convicts in places of imprisonment. At the same time, not all respondents (31,34 %) can describe them. The situation is better when it is said about monitoring compliance with international standards. Only 4,48 % of the respondents are not oriented in the subject that international commissions can be inspected and how it is necessary to eliminate the identified disadvantages. The worst situation is with respondents' knowing (52,24 %) of the amount of categories the United Nations Standards for penal institutions are divided into. At the same time, the majority of respondents (55,22 %) affirm they are well aware of the fact about what they are responsible for in case of violating international standards of treatment of prisoners.
Table 1 - Results of questioning command officers of penitentiary institutions about their getting acquainted with the international standards concerning treatment of convicts
Statement Yes, I know it I know it, but not well enough No, I do not know it
Aware of all relevant standards in the field of human rights and norms and ways of their implementation in national legislation, policy and practice of PI.'RC activity 34,33 % 53,73 % 11,94%
I can describe international standards and explain their importance for work at penal institution remand center 26,87 % 41,79% 31,34 %
I know about the procedure of monitoring of adherence of international standards of treatment of prisoners and taking measures in order to eliminate the identified disadvantages 64,18 % 31,34% 4,48 %
I know the amount of categories the United Nations Standards for Penal Institutions are divided into 23,88 % 23,88 % 52,24 %
Aware what the head of penal institution is responsible for in case of violating international standards of treatment of prisoners 55,22 % 34,33 % 10,45 %
of treatment of convicts, but this knowledge is often fragmentary.
Analysis of the answers to the second block of questions (Table 2) on the basic principles of effective penitentiary management, management decisions and external and internal control has shown the quality of possession of administrative competence, and thus has shown that the content of management principles is not well understood by 71.64 % of respondents, and 52.24 % are equally poorly aware of the combination of management with the penitentiary officers' ethics. The situation with making a lawful decision and dealing with non-cooperating personnel does not look better, because 62,69 % of respondents are not quite sure of the correctness of their actions in these situations that makes it necessary to deepen their knowledge in this area during the course of studying.
Answering open questions, 82,08 % of respondents say that the main problems are: the imperfection of the legislative base in the part of bringing to justice the violent offenders of the regime of detention; realization of tasks arising during the implementation of penitentiary probation; amnesty of convicts, sentenced to life imprisonment; strategic planning due to lack of funding; convicts' training and their involvement in productive labor at work; medical support and implementation of programs aimed at depriving convicts of alcohol and drug addiction; lack of institutional memory on electronic media about the persons who served criminal sentences; presence of manifestations of criminal subculture; amount of convicts that is burdensome for remand centers; outdated architecture of buildings of penal institutions; insufficient social protection of penitentiary personnel; negative coverage of the activity of penitentiary institutions in the media that affects the overall image of the system and worsens the selection of candidates for employment.
Among the qualities that should be inherent to a penitentiary officer, 95 % of respondents named such as: justice, honesty, consistency, responsibility, observance of the word, confidence, ability to make informed decisions and control the progress of their implementation, purposefulness, sociability, self-control, ability to self-improvement, the ability to outline the requirements and proposals logically and clearly, taking care of the subordinates, knowing of legislation, accessibility.
Table 2 - The results of penitentiary manager-officers' questioning about knowing the main principles of penal institutions management
Statement Yes, I know it I know it, but not well enough No, I do not know it
I know the essence of such principles of the management of penitentiary personnel, as: centralism, planning, order, selection andplacement ofthe staff, existing of one head, control over the implementation of decisions, etc 26,87% 71,64% 1,49%
Aware of planning, combination of management with penitentiary officer's trust and ethics 44,78% 52,24 % 2,98 %
I know about the legal secunty of a managerial decision and I know how to deal with non-cooperating personnel 32,83 % 62,69 % 4,48 %
*compiled by the author
This gives us the grounds to state that, although the vast majority of respondents are aware of international standards
*compiled by the author
Thus, at the current stage of penitentiary system reforming, it is important to select manager-officers who possess the necessary qualities and competencies. The qualities include the following: the ability to analyze and to highlight problems, to prioritize work; the ability to form a «tree of solutions»; the ability to organize, plan, motivate and control; the ability to select and placement of the staff; the ability to establish effective management styles, negotiate and maintain relationships; the ability to develop positive relationships and to control their states; discipline, initiative, responsibility, adherence to the word, confidence, taking care of the subordinates. Penitentiary manager-officer's professional competence includes the following components: the ability to conduct business documentation and to develop strategic and operational plans, to adhere to international standards of treatment of convicts and to demand it from prison staff; the ability to manage and to control various activity of the personnel and convicts; the
Anishchenko Viktoria Oleksandrivna
PENITENTIARY OFFICERS' TRAINING FOR SERVICE ..
pedagogical sciences
ability to create a safe environment for the personnel and convicts; the ability to act in non-standard situations and to prevent and resolve conflicts; the ability to cooperate with state and non-state institutions in order to provide funding of an institution, organization of production, medical care, assistance for convicts' re-socialization.
The conclusions from this study and the prospects for further development of this area. As a result of maintained theoretical and empirical research, the following conclusions were formulated:
1. The process of improving the penitentiary officers training in Ukraine is currently focused on the implementation of international standards for the management of penitentiary institutions in the professional career. The requirement of these standards is, first of all, the formation of professional competencies of manager-officers of penal institutions, which include administrative competence. The assessment of the possession of a manager-officer of a penitentiary institution by administrative competence makes it possible to determine the effectiveness of his service professional activities, which affects the level, culture and general performance of the penitentiary institution.
2. Based on the analysis of literary sources and the use of observation and survey methods, a penitentiary manager-officer's main qualities and competencies were determined. That made it possible to make adjustments to the program of advanced training in order to ensure the development of penitentiary manager-officers' professionalism and to direct them to self-development.
3. The subject of the program of manager-officers training courses of penitentiary institutions is theoretically substantiated, that envisages the consideration of issues that allow the formation of new knowledge and the improvement of the existing administrative functions of the service professional activities, namely the improvement of the organizational structure of the institution, the functioning of the system of recruitment and distribution of personnel, strategic planning, life support, taking into account the needs of personnel and convicts, solving the problems of discipline and various types of security, creating a favorable moral and psychological climate for personnel and convicts, interaction with internal and external environment, communication. Conducted empirical research proved the effectiveness of the program of advanced training courses.
4. Criteria and indicators for assessing the formation of the administrative competence of the manager-officer of the penal institution and its impact on the efficiency of the state of the penitentiary administration were developed. That allowed to determine the level of manager-officers readiness of penal institution to perform service professional functions and to stimulate further self-development.
The conducted research showed that the prospective direction of the problem solving of professional training for penitentiary system officers is the programs improvement and the process of forming their administrative competence, which is the main component of professional competences, the possession of which depends on the state of penitentiary institutions management, the compliance level of professional training of penitentiary personnel in accordance with the requirements of international standards treatment of convicts in accordance with normative acts ratified by Ukraine.
REFERENCES:
1. Strategy: Goals and Priorities. minjust.gov.ua. URL: https://min-just.gov.ua/strategy.
2. Kara-Murza S.G. The undermining ofrational thinking and reflexive governing. Reflexive issues and governing. 2003. Vol. 3, No 2. P. 16-35.
3. Makgakin Dzh. Suchasnyi viaznychnyi menedzhment [Modern Prison Management]. Kyiv: K.I.S. 2017. 138 p.
4. Malinovskii P. Methods of staff's assessing. 2002. URL://www.cfin. ru/management/people/malinovsky.shtml [in Russian].
5. Zlyvko S. V. Legal and organizational principles of the State Criminal and Executive Service of Ukraine activity in modern conditions]. Candidates thesis. Irpin. 2010.
6. Barash, Ye.Yu. Personnel of the State Criminal and Executive Service: Concept and Structure. Law and safety. 2010. 4 (36). P. 75-79.
7. Rebkalo M.M. Public administration in the field of execution ofpun-ishments (organizational and legal aspect): dissertation of the candidate of
science 25.00.02. Nat Acad. hold Management at the Presidents of Ukraine. Kyiv. 17 p.
8. Pietkov V. P. Activity of the State Penitentiary Service of Ukraine: Administrative and Legal Aspect, K.: KNT. 2011. 648 p.
9. Tizdeil Dzh. & Khiuz Dzh. Effective leadership and management. Odesa: Feniks. 2013. 140 p.
10. Yahunov D. V. Penitentiary System of Ukraine: historical development, modern problems and perspectives of reforming. (4th ed., rev.). Odesa: Feniks. 2011. 446p.
11. Carranza E., Nyapola A., Langelaar M., Kuuire R. Handbook for prison leaders. A basic training tool and curriculum for prison managers based on international standards and norms. New York, 142 p. https://www. unodc.org/documents/justice-and-prison-reform/UNODC_Handbook_for_ Prison_Leaders.pdf [in English].
12. European Prison Rules (Recommendation No. R(2006) 2 of the Committee of Ministers of the member states) (Adopted by the Committee of Ministers on January 11, 2006 at the 952nd meeting of the Deputies Ministers)]. (n.d.). zakon5.rada.gov.ua Retrieved from http://zakon5.rada. gov.ua/laws/show/994_032/page .
13. SemenovA. K., Nabokov V. I. Bases of Management. M.: Izdatelsko-torgovaya korporatsiya «Dashkov i K°». 2008. 556 p.
14. Puliaievska M. Ye. The Role of Context And Intent in the Formation of Perceptual Content and Behaviour. Science and Education. 2017. № 3. P. 68-72.
15. On Approval of the Concept of Reforming (Development) of the Penitentiary System of Ukraine: Order of the Cabinet of Ministers of Ukraine dated September 13, 2017 No. 654-p. www.kmu.gov.ua Retrieved from https://www.kmu.gov.ua/ua/npas/250287747
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