Legal and Social Protection of the Personnel of the State Criminal and Executive Service of Ukraine as the Main Element of Ensuring Dynamic Security at Penitentiary Institutions

The article is dedicated to the theoretical and legal analysis of the constituent elements of security in penal institutions. It is noted that at the current stage of the development of penitentiary systems, the doctrine that security in penitentiary institutions consists of three components is dominant: physical, procedural and dynamic. All these components are not only closely interconnected, but also have their own constituent elements. The elements of physical security provide for the specifics of the construction of penitentiary institutions, taking into account the need to ensure adequate protection and supervision of the persons detained in them, the possibility of ensuring an appropriate level of security (depending on the type of penal institution) for both convicts and other persons who are on the territory of these institutions, localization of the possibility of a negative impact of a criminogenically infected environment on the personality of convicts, their involvement in the criminal subculture. Procedural security involves the creation of a system of regulatory and legal support for the process of execution and serving of punishment, taking preventive measures to prevent violations of the regime in penal institutions, ensuring the order of isolation of convicts, transit regime, etc. Dynamic security is: awareness of the state of the operational situation in the institution, which makes it possible to respond to its changes in time, using the entire range of forces and means of protection and supervision of convicts; the possibility of forecasting the processes that may occur taking into account the quantitative and qualitative changes in the convicts’ environment, and the state of their danger to others; the direct influence of an employee of a penitentiary institution on the convict with the aim of forming a positive orientation in him, adaptation skills that will help him stay in the closed environment of the penal institution, and formation of skills to adapt in society after release. The analysis of international documents in the field of the protection of the rights of convicts made it possible to conclude that carrying out activities on the execution of punishments, while ensuring the principles of dynamic security, must be professionally formed, trained personnel, who have the appropriate motivation in the form of wages, a package of social and legal guarantees that contribute making it impossible for relevant persons to commit illegal acts, making their commission economically unprofitable. The authors agree with the point of view that the state today is not interested in the issue of providing the personnel of the State Criminal and Executive Service of Ukraine with moral and material benefits. With such a formulation of the question, the problem of a lack of interest in the effective performance of their functions by the personnel arises, which negatively affects the entire process of execution of punishment and implementation of dynamic security measures.

Topic: Legal Studies and Reforms
Subfield: Political Science and International Relations
Field: Social Sciences
Domain: Social Sciences