Some Problematic Aspects of Registering and Verifying Crime Allegations in Russian Penal Institutions
F o r c i t a t i o n : Morozov R.M., Lyutynskii A.M. Some problematic aspects of registering and verifying crime allegations in Russian penal institutions. Penitentiary Science, 2022, vol. 16, no. 1 (57), pp. 57–65. doi: 10.46741/2686-9764.2022.57.1.006.
Introduction: the article deals with problematic procedural aspects of registration and verification of crime allegations carried out by officials of territorial bodies of the Federal Penitentiary Service of Russia in institutions of the penal system. Analysis of published statistical data shows that, despite a significant reduction in the number of convicts in correctional institutions subordinate to the Federal Penitentiary Service of Russia, there is a steady increase in the number of crimes. In addition, due to specifics of initiating cases of private and private-public prosecution and criminal subculture it may be difficult to conduct investigation in procedural and tactical terms. Having analyzed departmental statistical data, regulatory legal acts, scientific research on the subject under consideration, the authors formulate and discuss topical problems of the application of the departmental order approving the instructions regulating reception, registration and verification of crime reports in penitentiary bodies and institutions. The authors come to the conclusion that numerous changes in the norms of criminal procedural legislation are not properly fixed in the departmental normative act, undermining effectiveness of activities of officials who register and verify crime allegations in penitentiaries. Thus, these gaps lead to contradictory regional law enforcement practice, which is reflected in their different interpretation by both law enforcement agencies and prosecutor’s offices. As a result, this leads to acts of prosecutorial response and bringing employees of the Federal Penitentiary Service of Russia to disciplinary and other responsibility. Purpose: on the basis of generalization and analysis of normative legal acts, scientific sources, opinions of penitentiary scientists and official statistical data, to disclose prospects for improving the institution of registration and verification of crime reports in institutions of the penal enforcement system of Russia. Methods: dialectical cognition method, general scientific methods of analysis and generalization, empirical methods of description, interpretation, theoretical methods of formal and dialectical logic. Results: the conducted research reveals a number of urgent problems, in particular: absence of forms of procedural documents in the Criminal Procedural Code of the Russian Federation, the instructions refer to; uncertainty of the content of emergency response measures and other verification actions and their relationship with legislation norms and other departmental regulations; inconsistency of the subjects of urgent investigative actions specified in the instructions; unsettled list and powers of officials authorized to investigate crimes and incidents; absence of timing, medical or other special studies in the instructions; gap in the procedure for obtaining an explanation from convicts during verification of statements and reports of crimes and lack of the form of the specified procedural document; legal and organizational problems of issuing a registration document to the convicted applicant. Conclusions: for all the problems considered, the authors propose solutions implying amendments to the Criminal Procedural Code of the Russian Federation, departmental instructions and other regulations.
Keywords: Penal enforcement system; reception and registration of reports; initial inquiry body; convicts; urgent investigative actions; verification actions; explanations; register document.
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