Problems of Qualifying Crimes against the Established Order of Service Committed by Employees of Institutions and Bodies of the Penal System
Shurukhnov N.G. Problems of qualifying crimes against the established order of service committed by employees of institutions and bodies of the penal system. Penitentiary Science, 2023, vol. 17, no. 1 (61), pp. 52–61. doi: 10.46741/2686-9764.2023.61.1.006
Crimes against the established order of service, committed by employees of institutions and bodies of the penal system, are determined by the legislator not in the Criminal Code of the Russian Federation, but in Paragraph 5 of Part 2 of Article 157 of the Criminal Procedural Code of the Russian Federation, which defines the competence of heads of institutions and bodies of the penal system to perform urgent investigative actions on the specified category of crimes for which the preliminary investigation is mandatory. Purpose: to answer the question posed by the law enforcement officer about which illegal acts relate to crimes against the established order of service, the subjects of which are penal system employees. The author identifies several independent research subjects: 1) norms of the Criminal Code of the Russian Federation; 2) Chapter 30 of the Criminal Code of the Russian Federation, listing crimes against state power, the interests of public service and service in local self-government bodies; 3) certain provisions of the criminal codes of the RSFSR of 1922, 1926, 1960; 4) monographs of scientists; 5) textbooks that consider the specifics of crimes encroaching on state power, the interests of public service; 6) statistics of the Federal Penitentiary Service of Russia for 2021, revealing the categories of crimes taken into account and committed by employees of the penal system; 7) judicial practice, generalized and published by the Constitutional Court of the Russian Federation, the Supreme Court of the USSR, the Russian Federation; 8)Section V of the Code of Criminal and Correctional Punishments (1845); 9) federal laws regulating certain issues of public service; 10) the federal law, the law of the Russian Federation, the decree of the President of the Russian Federation, and regulations establishing the rules of service for the penal system employees. The volume and variety of the research subject require, in turn, the use of a number of scientific methods, such as description, comparison, specification, idealization, analogy, expert assessments, reference points, deduction, induction, and comparative legal research. Сonclusion: the wording of Paragraph 5 of Part 2 of Article 157 of the Criminal Procedural Code of the Russian Federation is not fully correct. It is hardly advisable to point out the “order of service”, which is the object of illegal activity of penal system employees, if this is not stated in the Criminal Code of the Russian Federation.
Keywords: Civil servant; employee of the penal system; crimes against state power, interests of public service, order of service
2. Sapozhkov A., Shchepel’kov V., Egorova N.A. Teoreticheskie problemy ugolovnoi otvetstvennosti za prestupleniya lits, vypolnyayushchikh upravlencheskie funktsii (upravlencheskie prestupleniya): monografiya [Theoretical problems of criminal liability for crimes committed by persons performing managerial functions (managerial crimes): monograph]. Volgograd, 2006. 552 p
3. Korostelev V.S. Sistemasluzhebnykhprestuplenii po ugolovnomu pravu Rossii: voprosy istorii, teorii, praktiki: monografiya [System of service crimes in the criminal law of Russia: questions of history, theory, practice: monograph]. Ed. by A.G. Bezverkhov. Moscow, 2015. 216 p.
4. Zorina I.V. General characteristics of crimes committed by officials against state power and interests of public service. Vestnik nauki = Bulletin of Science, 2019, vol. 4, no. 6(15), pp. 157–161. (In Russ.).
5. Komolova E.V. Office crimes as the basis of bringing to account of employees of penitentiary establishments in second half of the 19th – the beginning of the 20th century: the theory and practice. Sibirskii antropologicheskii zhurnal = Siberian Journal of Anthropology, 2021, vol. 5, no. 3, pp 267–277. (In Russ.)
6. Sivtsov S.A. Corruption in the penal system: criminological aspects. Vestnik Samarskogo yuridicheskogo instituta = Bulletin of the Samara Law Institute, 2021, no. 5 (46), pp. 71–75. (In Russ.)
7. Khokhrin S.A. Determinant characteristic of criminal behavior of employees of the criminal-executive system. Vestnik Voronezhskogo instituta FSIN Rossii = Proceedings of Voronezh Institute of the Russian Federal Penitentiary Service, 2021, no. 4, pp. 228–233. (In Russ.)
8. Ugolovnoe pravo Rossii. Obshchaya i osobennaya chasti: ucheb. [Criminal law of Russia. General and special parts: studies]. Ed. by I.M. Matskevich, N.G. Kadnikova. Moscow, 2015. 990 p.
9. On qualification of crimes in the service committed by inspectors of correctional labor institutions and pre-trial detention facilities: Resolution of the Plenum of the Supreme Court of the USSR No. 4. of January 16, 1986. Available at: https://sudact.ru/law/postanovlenie-plenuma-verkhovnogo-suda-sssr-ot-16011986/?ysclid=ledxd8vmw6387847777 (In Russ.). (Accessed September 1, 2022).
10. Akchurin A.V., Suleimanov T.A. Criminal procedural status of institutions, bodies and officials of the Federal Penitentiary Service of Russia: status and prospects of improvement. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Pravo = Proceedings of Voronezh State University. Series: Law, 2019, no. 4, pp. 301–306. (In Russ.).
11. Shurukhnov N.G. Procedures for granting the head of a correctional institution the authority to perform urgent investigative actions. In: Penitentsiarnaya sistema Rossii v sovremennykh usloviyakh razvitiya obshchestva: ot paradigmy nakazaniya k ispravleniyu i vosstanovleniyu: sbornik materialov mezhdunarodnoi nauchno-prakticheskoi konferentsii (g. Vologda, 11 dekabrya 2020 g.). V 3 chastyakh. Chast’ 2 [The penitentiary system of Russia in modern conditions of society development: from the paradigm of punishment to correction and restoration. Collection of materials of the international scientific and practical conference (Vologda, December 11, 2020). In 3 parts. Part 2]. Vologda, 2021. Pp. 177–181. (In Russ.).
12. Osnovnye pokazateli deyatel’nosti ugolovno-ispolnitel’noi sistemy. Yanvar’-dekabr’ 2021 g.: informatsionnoanaliticheskii sbornik [Key indicators of the penal system performance. January–December 2021: information and analytics collection]. Tver, 2022.
13. Ulozhenie o nakazaniyakh”ugolovnykh” i ispravitel’nykh” [Code of Criminal and Correctional Punishments], Saint Petersburg, 1845. 898 p.
14. Tagantsev N.S. Kurs ugolovnogo prava: Chast’ obshchaya. Kn. 1. Vyp. 1–3 [Course of criminal law: General part. Book 1. Issues 1-3]. Saint Petersburg, 1874–1880. Issue 1. 1874. 292 p.