With the adoption of the Federal Law of July 19, 2018 No. 197-FZ «On Service in the
Penal System of the Russian Federation and on Amendments to the Law of the Russian
Federation» On Institutions and Bodies Executing Criminal Sentences of Imprisonment»,
additional legal regulation received preparation issues personnel for the penal system,
including in higher education educational programs. The article analyzes the provisions
of the federal law in the regulatory system the procedure for obtaining higher education,
deficiencies in the legal regulation of this sphere of legal relations have been identified,
in particular, it has been established that the provisions of this federal law provide for the
reason for termination of the contract for service in the penal system with a student to be
expelled from the educational institution of penal correction without taking into account the
legal grounds for this expulsion; the guarantees of students and adjuncts, as well as cadets,
who entered training in the status of an employee of the penal system, who completed
training in educational organizations, are not fixed, providing for the appointment after
graduation at equivalent or higher positions; the duty of cadets, students, adjuncts to
carry out the life support services of the educational organization of the penal system
(service in outfits) is not legally fixed; there are deficiencies in the legal regulation of the
training in adjunct studies (there is no normative enshrining of the term “adjunct”; there
are no grounds for granting vacation vacations to adjuncts; the requirement is fixed for
applicants for admission to the post-graduate studies on the presence of at least 2 years
of practical experience in the bodies and institutions of the penal correction system). The
authors formulated suggestions for improving the legislation of the Russian Federation on
all the above-mentioned problematic issues.
Keywords: service in the penal system; educational organizations of higher education of the penal system; training for the penal system; cadets; trainees; adjuncts
Inspector of Special Assignments of the Department of Professional Education of the Personnel Administration of the Federal Penal Service of Russia, PhD. in Pedagogics, Associate Professor.
, e-mail email@example.com
Deputy Head of the Academy of the
Federal Penal Service of Russia for Academic Affairs, PhD. in
Law, Associate Professor.
, e-mail Kharuyshin@rambler.ru
Head of Higher Academic Courses of the
Academy of the Federal Penal Service of Russia, PhD. in Law
, e-mail firstname.lastname@example.org
1. Borzenko YU. A., Kosarev K. V. O sluzhbe v ugolovno-ispolnitel’noj sisteme Rossijskoj Federacii (analiz Federal’nogo
zakona № 197-FZ) [On service in the penal system of the Russian Federation (analysis of Federal Law No. 197-FZ)]. Vestnik
Kuzbasskogo instituta – Bulletin of the Kuzbass Institute, 2018, no. 3 (36), pp. 15–22. (In Russ.).
Brykov D. A. Sovershenstvovanie sistemy upravleniya personalom ugolovno-ispolnitel’noj sistemy Rossijskoj Federacii
[Improving the personnel management system of the penal system of the Russian Federation]. Vedomosti ugolovnoispolnitel’noj sistemy – Journal of the penal system, 2019, no. 2, pp. 2–6. (In Russ.).
3. Motorova N. V. Novye polozheniya zakonodatel’stva v sfere podgotovki kadrov dlya ugolovno-ispolnitel’noj sistemy [New
legislation in the field of training for the penal system]. Vedomosti ugolovno-ispolnitel’noj sistemy – Journal of the penal
system, 2019, no. 4, pp. 45–48. (In Russ.).