The role of prison supervision by the prosecutor's office in the domestic system of penal control
Penal control in the broad sense refers to a system of social controls (state, public and legal institutions) to ensure compliance of the established standards of performance of seclusion, as well as a mechanism to ensure compliance of the established standards of serving these coercive measures. The term "penal" in this case means that it is control in the sphere of compulsory institutional isolation in order to ensure proper implementation of the criminal law measures. In the narrow sense, the term "penal control" includes separate forms, types and subjects of such activities. Forms are the most common ways of organizing and structuring control; they usually include state and public control, together constituting public penal control. Public penal control has a high degree of organization and regulation. In turn, non-public penal control, implemented by individual actors and institutions, has a lower degree of regulation. As a rule, it is decentralized and carried out on an occasional basis. In contrast to forms, types are specific methods of organization and direction of the implementation of control activities, united by any common principles and expressed in separate institutions of penal control. Certain types of penal control are expressed in the activities of the regulated subjects: agencies, institutions, officials and other persons exercising supervisory powers in this sphere at an appropriate level. The set of forms, types and control subjects creates national systems of penal control. The existing national systems of penal control can be divided into "traditional", focused more on the management of the penal system for various purposes; and "liberal", focused on ensuring the transparency, the independent functioning of the penal system and the legal status of prisoners. At the same time due to the changes in the forms of economy and in ideological orientations at the national and global levels, the priority is the enforcement aspect of penal control: modern society clearly demonstrates the relatively strong interest in ensuring transparency and legal status of prisoners rather than in improving the management of places of seclusion. The economic reason is the failure of large-scale use of forced labor of persons which was recognized as economically inefficient. The ideological reason is in the change of the penal doctrine: in addition to the traditional ideas of seclusion as a method of correcting the convicted, the views are actively promoted that seclusion is an exceptional measure of ensuring public safety. Russian penal control is one of the traditional penal control systems: on the one hand, it is focused more on the management of the penal system, on the other, it apparently shows all the attributes of modern liberal penal systems and the main global trends in their development.
Keywords
пенитенциарный надзор (контроль), места изоляции от общества, места лишения свободы, прокурорский надзор, судебный контроль, ведомственный контроль, тюремная инспекция, пенитенциарная юстиция, пенитенциарный омбудсмен, prison supervision (control), place of isolation from society, prisons, public prosecutor's supervision, judicial control, administrative control, prison inspection, penal justice, penitentiary ombudsmanAuthors
Name | Organization | |
Voronin Oleg V. | Tomsk State University | ninorov@mail.ru |
References
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The role of prison supervision by the prosecutor's office in the domestic system of penal control | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2014. № 2 (4).