The article provides a comparative analysis of the legal status of the penal officer as a victim. The subject of the research are problems of criminal law protection of the penal officer. The author reveals in detail the issues of ensuring a balance of security in the systems “officer of the penal system - citizen”, “employee of the penal system - law enforcement officers of other categories”, observance of the principle of fairness in the construction of these rules. In addition the article discusses the importance of the employee of the penal system as a special victim, the specifics of his legal status including in relation to the basic norms of the Criminal Code of the Russian Federation. A brief historical retrospective of the emergence of the protection of state representatives in criminal law is given. As a result the author concludes that the employee of the penal system is not sufficiently protected, fails to comply with the requirements of justice, that the burden of the employee’s compliance with the stipulated measures of responsibility and that the system of norms for protecting equal amounts of benefits of the representatives of the law enforcement agencies is incomplete. The article offers options for overcoming this situation.
Acting Deputy Head of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, PhD. in Law, Associate Professor
, e-mail email@example.com
1. O nedostatkah v organizacii rezhima i obespechenii nadzora za podozrevaemymi, obvinyaemymi i osuzhdennymi v
ispravitel’nyh uchrezhdeniyah i sledstvennyh izolyatorah v 2017 godu : inform. pis’mo FSIN Rossii ot 26.02.2018 № iskh03-12891 [On the shortcomings in the organization of the regime and the provision of supervision of suspects, accused and
convicted in correctional institutions and pre-trial detention centers in 2017 : Information Letter of the Federal Penal Service
of Russia from 26.02.2018 No. ref-03-12891]. (In Russ.).
2. YUshkov S. V. Russkaya pravda: proiskhozhdenie, istochnik, ee znachenie / pod red. O. I. CHistyakova [Russian truth:
origin, source, its value : ed. by O. I. Chistyakov.]. Moscow, 2002. (In Russ.).