Public-private partnership in the penitentiary sphere: certain aspects of the execution of criminal penalties

The subject of the study is legal regulation and law enforcement practice of public-private partnership in the penitentiary sphere. The objectives of the study are to study the experience of various foreign countries and identifying problems in public-private partnership and to develop proposals for the improvement of domestic law enforcement activities. The Concept of the development of the criminal-executive system of the Russian Federation until 2020 points to the need to improve the activities of institutions and bodies executing punishment, taking into account international standards and the needs of social development, which implies significant funding from the federal budget. In this regard, one of the directions of the development of the domestic penitentiary system can be considered the attraction to this sphere of private funds or the so-called "mixed financing", as well as socially oriented non-profit organizations that are executors of socially useful services. In the privatization of penitentiary activities, the fundamental economic benefit is obvious, which is noticeable in the construction and operation of relevant institutions abroad. From the point of view of ensuring the rights and freedoms of convicts, in particular the implementation of the right to work, it should be noted that there are no strikes, unemployment, other problems related to employment. However, such privatization can have quite the opposite result in the conditions of the Russian reality. Attempts related to public-private partnership in Russian law enforcement activities took place in the early 2000s. A study of the proposals of the Russian market sector showed that they understood the notion "private prison" in the full sense of the word and intended to charge fees from convicts for their stay in it. When writing the article, the author used both general scientific methods and special methods of cognition of legal phenomena, among them, first of all, the formal legal method, the method of studying and comparing legal texts, the method of interpreting normative legal acts, the method of studying and comparing social reality, as well as the method of medium and long-term forecasting. In view of the foregoing, it is quite possible for the Russian authorities to consider the issues of attracting private capital, taking as a basis the experience of the mixed public-private management of France, as well as the activities of organizations that are executors of socially useful services. As a base for the experiment, it is possible to use existing domestic medical correctional facilities with intensive supervision.

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