Selected Issues of Organizing the Domestic Prosecutor's Office Penitentiary Supervision

The organization of penitentiary supervision in general terms can be defined as creating conditions for penitentiary supervision and implementing it in order to ensure the rule of law in places of forced isolation. The directions of penitentiary supervision are determined taking into account the subject and limits of supervision; they are based on a subject-object approach. Of primary importance in determining the design of penitentiary supervision is the content of specific measures of compulsory isolation and the nature of the bodies and institutions (places) that implement these measures. Therefore, structural directions should be distinguished in the design of penitentiary supervision that cover the supervision over the legality of implementing all existing measures of compulsory isolation and the activities of the bodies and institutions (places) that implement them. To date, the following issues of organization (implementation) of prosecutor's supervision over the legality of implementing penitentiary supervision remain uncovered (or insufficiently covered): detention of suspects; confinement in the guardhouse as the execution of criminal procedural detention and/or preliminary detention; convoy and transportation of convicts and other persons serving compulsory isolation; operational-search and criminal-procedural activities in places of forced isolation, etc. The structure of the organization of supervision over the legality of penitentiary isolation includes: the legality of being in places of compulsory isolation (this covers, inter alia, the legality of placement, relocation, and release) and the ensuring of compliance with the legal status of persons serving compulsory isolation (this also includes the procedure and conditions for serving it). In addition, within each of these areas, issues related to the conduct of prosecutor's inspections are separately identified. The improvement of the design of penitentiary supervision consists in the maximum coverage of the directions of prosecutor's supervision over the legality of the implementation of penitentiary isolation measures, in the optimization of the structure of their organization (content), and in the reorganization of the activities of the specialized prosecutor's office on supervising the observance of laws in correctional institutions.

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