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§ 2. Measures of counteraction to leaders of negative groups condemned

As in the previous heads we have defined, that the most advanced stage of negative influence on execution and enduring the punishment process small groups from condemned, identifying with underworld so far as our special attention will be turned to leaders of the named groups possess.

In special normative acts of the Ministry of Internal Affairs of the Russian Federation data condemned are called as "leaders of the criminal environment», «authorities of the criminal environment», «authorities of underworld», «leaders of the criminally-criminal environment».

Work on neutralisation of negative influence of leaders of groups condemned a negative orientation in the given paragraph will be considered in two aspects: the prevention of their negative influence and a dethronement of existing authority.

Employees of establishments of criminally-executive system have saved up a certain experience in work with leaders of the criminal environment.

V.F.Anisimkov on the basis of generalisation of practice of struggle of law enforcement bodies with leaders of the criminal environment allocates following substantive provisions:

1) realisation of package approach with the considered negative phenomena in correctional facilities;

2) carrying out of consecutive educational actions with condemned under the prevention of subcultural relations in their environment;

3) carrying out of purposeful work on reorientation and a dethronement of authorities of the criminal environment, their declination to public refusal of the ideas and principles;

4) an exception of mass moving of keepers of criminal traditions and customs of one correctional facility in another; the statement of a principle of work: "Everyone arising asotsialnaja grouping should be neutralised there where it has arisen»;

5) realisation of distribution condemned on correctional facilities taking into account their safe existence and a subcultural accessory;

6) the isolated maintenance of active carriers of criminal ideas from a great bulk of the persons who are serving time;

7) an establishment of constant surveillance over authorities of the criminal environment on the places of confinement. [182]

The generalised positive experience of struggle against unlawful conduct of authorities of the criminal environment can be successfully used and in today's practice of execution of punishment in the form of imprisonment.

The hard work of all services of prison concerning the named category of the condemned should be led from the very beginning of their arrival in establishment.

Let's remind, that the information about etapirovanii the leader of the criminal environment in the given establishment arrives to condemned long before its arrival.

Here it is expedient to result an informal rule according to which the condemned, having status «the thief in the law» at a settlement in prison is obliged to "appear", that is to notify through channels illegal medzhkamernoj communications on the arrival. This rule is connected by that on "thieves", besides the rights, some duties inherent only by it extend also. So, «the thief in the law» from first days of stay in prison is obliged «to put thieves' position». In some regions

Russia the same activity of "thief" is called as establishment "defrosting".

«The thief is obliged to watch that the prison« was heated », that is received illegal ways products, tea, tobacco... Vodka, drugs. He is obliged to solve also disputes which arise between others condemned, not to suppose skirmishes between them, he is obliged to watch that nobody has been unfairly punished, offended, deprived» also. [183 [184] [185]

It is obvious, that performance of these duties forces "thief" to enter disputed relations with administration. And naturally enough, that on it disciplinary measures are often imposed. A prestige indicator is the total of the days spent in a penal insulator.

So, at a settlement «the thief in the law» in prison to it the certain social role which forces to test "authority" some restrictions is taken away. Degree of these restrictions can be different depending on a management style establishment, from what it schita -

EM „

stsja — "red" or "black". In some "red" correctional facilities the administration shows the intolerant relation to different sorts to displays of criminally-thieves' traditions and customs, and also to condemned, trying to revive or harden them among other condemned. Such state of affairs in correctional facility sometimes is the concealment reason condemned true statu - sa in the criminal environment. On slangy expression it becomes "cracker", that is the "thief", held back the title in the places of confinement for the purpose of evasion from performance of the requirements ordered to it by its social position.

Such behaviour is not approved, and in some cases and blamed among condemned.

We studied illegal correspondence of the persons known in the criminal environment, concerning a similar case.

The essence of the matter consists that convicted B, "crowned" on freedom, at a settlement in an investigatory insulator of of Stavropol did not declare the position administration (at distribution on chambers in conversation with the operative worker it was called as "muzhik"), sokamernikam. After a while the information that in establishment there is «a thief in the law» became known to prisoner A which is on position «looking for tsentralom». In this connection A through channels of illegal communication has addressed to the "thieves" who are at large, for an explanation of developed conditions. In the same reference the question contained, whether such behaviour B is deliberate and not op - whether redsljaetsja it interests «big brothers — Thieves». The answer has been signed authoritative in cities of the Caucasian Mineral Waters "thief" "Rafom". In it it was specified, that behaviour. It is not defined by interests of "thieves" and the decision concerning its act will be accepted at personal meeting with B: «... At a meeting to receive from it for an intriguing act». B before the clearing from under guards remained on position of "cracker" and did not use due respect.

The resulted example visually shows, that at a settlement in prison «the thief in the law» its further behaviour «should sootvetstvo - [186] vat to the accepted social norms and expectations of associates...». Hence, one of ways of neutralisation of influence «thieves in the law» and other authorities of the criminal environment will be such activity of administration of prison which would not allow named condemned to fulfil the first to them the requirement — to "appear", that is to reduce to a minimum reception possibility condemned information on arrival in establishment «the thief in the law».

Here it is necessary to analyse possible variants of arrival in "authority" prison.

The first variant — the leader of criminal этапируют environment in prison from other establishment, the prison administration is informed on its informal status.

Earlier we already have shown the uncooperative altitude to transfer of "authorities" in prison from corrective colonies. Consider not out of place to repeat, that for malicious infringement of a mode condemned the named category should translate not on a prison mode, and in uniform premises of chamber type.

At etapirovanii the leader of the criminal environment in prison (for example, from an investigatory insulator) it would be expedient to place it separately from other condemned in the conditions excluding possibility of an establishment of its person, and also any contacts from others etapiruemyh. The design avtozakov and spetsvagonov allows to achieve desirable result. Besides, for separate moving of leaders of the criminal environment there is also a legal basis — item 76 Wick the Russian Federation, where in ch. 2 the following is told: «Moving of the condemned... It is carried out with observance of rules of the separate maintenance... Sentenced to a death penalty and other categories condemned... (Vydele -

20?

The short dictionary on sociology / Under obshch. red. D.M.Grishiani, N.I.Lapina. — politizdat, 1988. — the Role social. — with. 291.

But me — JU.B.) ». Edition of the given norm of the law gives administrations the right to solve a question on separate moving of some condemned at own discretion.

Registration of reception condemned it should be made strictly in an individual order. Having accepted documents from an escort and having checked up their correctness, the assistant to the governor of gaol on duty should find out, whether the reception room is free, whether is not present in it before arrived condemned, whether there is enough of free cabins for placing of newcomers condemned, whether is not present in cabins of any inscriptions or not cleaned subjects. Only after that it is necessary to enter condemned, thus its conclusion from avtozaka and input in a reception room is made in a single order.

For the period of realisation of quarantine actions of the leader of the criminal environment it is necessary to place also separately from other condemned.

At distribution on chambers 2 variants — the single maintenance or placing in the general chamber are possible also.

According to item 131 Wick the Russian Federation «in necessary cases on motivirovannomu to the decision of the governor of gaol and from the consent prokuro -

VUi

ra the condemned can contain in one-man cells ».

According to the given norm the single maintenance condemned «is possible in need of fuller isolation separate condemned for the purpose of an exception of their harmful influence on a great bulk condemned, containing in prison».209 In this case the single maintenance is not the disciplinary measures applied to deprived of freedom, and does not contain additional pravoogranicheny. It is necessary to mean, that the legislator does not limit term of the single maintenance, hence, on

CHL item 131 Wick the Russian Federation.

Extent of all term of the maintenance in prison this or that condemned can contain in the one-man cell.

According to the second variant of leaders of the criminal environment it is possible to place in the general chambers, but with a condition of reliable interchamber isolation. On a slang condemned such chambers are called "bezdorozhnymi", that is as not having illegal communication with other chambers.

Here it is necessary to notice, that the unequivocal approach to placing of authorities of the criminal environment in the general chambers is not present. In one case the prison administration considers necessary to place leaders of a negative orientation compactly, in one chamber.

The given approach has a number of positive sides. First, neutralisation of their influence on condemned of other chambers is reached. In - the second, such placing allows to concentrate on condemned the given chamber purposeful educational work, application of other cures as their application demands an individualization depending on features personal the characteristic. And, in - the third, in that case prison administration it is artificial creates the closed social generality. If all condemned, containing in the given establishment to name a generality condemned containing in one chamber it is possible to name a microgenerality (under condition of, naturally, their uttermost isolation from other condemned). In this case in the given microgenerality will operate is social-psychological laws, the characteristic condemned for a microhabitat. It is possible to predict with the big share of probability, that among "authorities" there will be a stratification: The leader will necessarily be allocated, there will be also executors of will of the leader. Executors, owing to specific conditions OT - t Bazunov V.V. Kommentary to item 131 Wick the Russian Federation / the Comment to ugolovnoispolnitelnomu to the code of the Russian Federation / Under the editorship of A.I.Zubkova. — M.: publishing group of INFRA-M-NORM, 1997. — With. 292.

byvanija punishments, will be forced to make the actions discrediting their social status.

It is the objective process proceeding in any generality which cannot be "cancelled". In it specify also results of experiment on formation of groups and brigades from one outcast. The aim to break in correctional facilities exclusive system was thus pursued. «Was considered, that the people who have passed through a hell of inconceivable humiliations, will construct the community in another way. But after a while in their environment the hillocks, muzhiks and lowered».210 were again allocated

The named laws will be shown only under condition of the joint maintenance condemned, the having equal social status.

Here pertinently to recollect historical experience of struggle against groupings «thieves in the law» in Russia in post-war years and in 60. During noted period in Russia active struggle against thieves' groupings was led, the certain experience of their decomposition "from within" has worked enough. Here is how describes noted period the researcher of criminal folklore A.A.Sidorov: «60th years pass under the sign of suppression of" thieves' movement »and search of new forms of execution of punishments... By 80th years the wide experience on so-called« to dissociation of negatively adjusted part condemned »has been saved up. The technique stravlivanija various criminal groupings in the places of confinement has been developed, entering of contentions into community« travelling »...» "in these conditions in Solikamsk on the basis of tranzitno-transit point has been created profilakti - іл

Kurganov S.I., Kravchenko A.I.sociology for lawyers: Studies, the grant for high schools. — M.: the law and the right, JUNITI, 1999. — With. 216.

211 Sidorov A.A.great of fight of the criminal world. History of professional criminality of the Soviet Russia. The book 2. — Rostov-on-Don: March, 1999.—C 355-360.

chesky centre AM - 244/6 for execution of punishment concerning condemned, calling «thieves in the law». Among condemned its more widespread name — «the White swan» ("white" — on colour of a silicate brick of which it is constructed, "swan" — last (swan) a song).

It is indicative, that from underworld in reply to such action of law enforcement bodies the decision — to deprive condemned, served time in «the White swan» title «the thief in the law» was accepted. It spoke that owing to objective causes many of them at enduring the punishment discredited it «a high rank». Title discredit occurred not only because of purposeful efforts of administration on an authority dethronement «the thief in the law», but also as a result of action of social laws about which it has been told above.

Further the community «in the law» has realised thieves, that it was the hasty, rash decision. As «thieves in the law» that time lived basically at the expense of fulfilment of crimes sooner or later each of them would be again condemned and directed for enduring the punishment to «the White swan». Having come to such obvious conclusion, underworld "elite" has altered the initial decision — "thief" there was the one who "has not broken" during enduring the punishment, that is in the environment of equal to has managed to occupy position of the leader.

The resulted example, besides other, visually shows, that the underworld with a view of the preservation adapts to the changing policy of the state in the field of crime control. It is not deprived this quality and community «thieves in the law», what conservative their informal norms would not be. The given circumstance is necessary for considering especially in modern conditions when there was a formation of a new formation of "thieves". They not so has fanatically observed -

jut «the thieves' law», its changes directed on a survival without serious consequences transfer. The thief in the law »"CHerkas"— Anatoly Pavlovich Tcherkasov who has suggested to bring some serious changes in« thieves' laws »became the ideologist of such changes«. Among them the offer "CHerkasa" concerning a summer residence of arguments in writing had the special importance. "Time" cops »try to break"thieves"by means of subscriptions, demanding written refusal of criminal activity, applying for this purpose physical influence and aspiring to crush rebellious, — is the most reasonable to go it towards and to give such subscriptions! After all in old"law"there was a norm« a word given "fraeru" or it is possible to "cop" ». In the late seventies in Kiev on numerous"meeting"« thieves in the law »all these changes have been erected in norm of"law". [187]

In this connection loses an urgency of an expert of compulsion of "thieves" to fulfilment of some discrediting actions.

In this case widely applied practice of compulsion «the thief in the law» means to give argument in writing in any occasion or selection at it written obligation not to break the established mode of enduring the punishment (that is infringement of "the thieves' law»). The recommendation to such actions is given also by S.I.Kuzmin: «As for a withdrawal from thieves' community of a different way, except a summer residence of a corresponding subscription, no without such obligations isolated in EPKT the condemned cannot be returned on a former kind rezhi - ma». However among condemned since recent times the informal rule «from the cop not zapadlo», that is the permission to fulfilment of some forbidden actions on compulsion began to operate administ -

Portable radio sets. Practice of execution of punishment in prisons has shown, that the condemned, given written evidences in prison of of Novocherkassk, have former authority at enduring the punishment in prison of of Vladimir.

It once again proves the thesis that the underworld with a view of a survival adapts to changing conditions. Hence, it is necessary to search and apply new methods of a dethronement of authority «thieves in the law».

Let's return to placing of authorities of the criminal environment on chambers. Above we have considered practice of their compact placing. According to other approach the administration applies the opposite decision on placing of "authority" on the chamber where contain exclusively condemned, denied by the criminal environment — "offended" and "lowered".

Earlier it was specified, that the condemned, having any contacts to representatives of a caste "outcast" are considered profaned («zash - kvarennymi»). It is obvious, that joint stay with "denied" in one chamber forces to contact to them anyhow. The situation when "authority" itself becomes denied of this microgenerality is created.

It is natural, that "offended" at their such placing accept food behind a table. The representative of other informal category, getting to such chamber, at performance of norms of prison subculture is forced to eat separately and in other place as the table is profaned. The same occurs at a berth choice. Condemned, the representative another striations, is forced to sleep on a floor that is inadmissible for "authority". Thus, for condemned, belonging to another informal strate, remains two ways — or to contact with "lowered", or, remaining true principles not to have contacts to them and outwardly to accept their form of behaviour. Both in that, and in other case the informal status of the leader of the criminal environment is undermined definitively.

It would seem, thus it is possible to lead easily work on neutralisation of negative influence of leaders of a negative orientation. However in the places of confinement struggle for the status gets the self-sufficing and hypertrophied character. «... Struggle for increase or preservation of the group status carries ostrokonfliktnyj character» [188]. The hopelessness of the developed situation can provoke condemned on fulfilment of violent crimes concerning representatives of a category "outcast", and also to fulfilment of mutilation for the purpose of transfer achievement in other chamber or suicides. Considering, that one of the primary goals correctional facility is maintenance of the law and order and legality in establishment, safety condemned [189], hardly it is possible to recognise such way successful.

The variant of placing of expecially dangerous leaders of the criminal environment in chambers with condemned, concerning neutrally to underworld is theoretically possible. Such approach is caused by possibility of positive influence of group on the individual. However, considering personal characteristics condemned, containing in prison to hope for such positive influence it is not necessary. Moreover, in such cases condemned, containing in this chamber, fall under "authority" influence. Until safety condemned in the conditions of subcultural relations will be provided (that especially actually at enduring the punishment in prison) to speak about possibility of any influence on the leader of the criminal environment from others condemned it is not necessary.

At a settlement in prison of the leader of the criminal environment though are rare, but situations when the administration is not informed on the informal status of the arrived condemned are quite probable. It is possible at lacks of the organisation of work with such category of criminals in investigatory insulators, data the condemned whence arrives. According to special instructions of the Ministry of Internal Affairs of Russia, the information on all movings on establishments of criminally-executive system of the persons calling «thieves in the law», should go to region information centre. Accordingly, on the private affair of the condemned, investigatory insulator formed by a special department, there should be a focusing record about an accessory of the person to «to thieves in the law». As to the criminals who do not have a title «the thief in the law», however enjoying authority in the criminal environment this question while completely is not adjusted.

In corresponding normative acts of the Ministry of Internal Affairs of the Russian Federation it is offered to put on the account of leaders of the criminal environment («thieves in the law» and other "authorities"). An accessory of the person to «to thieves in the law» as it was already specified, defined by passage of special action — "coronations". The spectrum of representatives of "authorities" of the criminal environment is wide enough. Simultaneously with it there is no interpretation of the given term that causes the ambiguous approach of employees correctional facilities to statement on the account of data condemned.

In this connection it is offered in the corresponding departmental certificates, ordering to put on the account the given category of criminals, to make changes according to which on the account in correctional facilities followed put «thieves in the law» and other offenders having possibility to influence an uncertain circle condemned (taken into custody).

Anticipating critical remarks of opponents, we will agree that such characteristic rather and is rather subjective. However, as argument in favour of the stated offer, we focus attention that such characteristic of the person does not attract for it any pravoogranicheny and has exclusively focusing character.

Supervision of the author show, that work with a considered category spetskontingenta has at times excessively closed character. Information interchange is necessary for the most effective organisation of work on neutralisation of their negative influence between prison services on the given question. In this connection it is offered, that the information on participation condemned to leaders of the criminal environment (as to «to thieves in the law», and to other "authorities"), besides special affairs, access to which have the limited circle of employees, it would be displayed and in the private affair of the condemned. More particularly — in the form of an alarm strip of red colour on a diagonal of a cover of the private affair with bottom left to the top right corner with a focusing inscription "leader".

Conversations with condemned and taken, that the persons deprived of freedom into custody have shown, of drawing on their private affairs of an alarm strip with any focusing inscription are afraid. They explain such fears excessively special attention to such condemned from an escort at etapirovanii from one establishment in another. Negative consequences of presence on the private affair of an alarm strip condemned see and in the strengthened supervision and protection at enduring the punishment in corrective учреждении.216 Told testifies that the fear have on the private affair an alarm strip can to have for some condemned the deterrent.

At reception in prison condemned, not having in the private affair of any focusing information, to the assistant on duty

^1/

According to «the Instruction about the organisation of supervision for condemned in correctional facilities» (the Order of the Ministry of Internal Affairs of the Russian Federation № 485 from August, 2nd, 1997) checks condemned, inclined to criminal displays, are spent not less often than an once within 2 hours.

It is necessary to pay attention of the governor of gaol (assistant DPNT) to the external signs testifying to an accessory to leaders of the criminal environment. Among such signs it is necessary to specify in tattoos, first of all.

Tattoo (on a slang — "headdress", "regalka", "picture", "portachka") — drawing on a body of drawings, inscriptions, figures, signs by introduction under a skin of painting substances by means of cutting and pricking

217

Tools.

Tattoos in system of criminal subculture are studied full enough. On this theme there is a special literature. [190 [191] therefore we will stop only on some aspects interesting us.

Researchers notice, that tattoos of criminals last years have lost the criminalistic value. It contacts fashion formation on tattoos and their wide circulation among the population. Thereupon among criminals the rule «For a headdress of demand has affirmed is not present», that means, that any person can put itself a tattoo, not reflecting about its semantic value. However till now the tattoos testifying to an accessory to "elite" of underworld, "are preserved" by the persons condemned from drawing, not recognised those. It and is clear. Such tattoos testify to presence at their carriers of some informal power over other condemned. The last are obliged to submit to the tattoo carrier. Authorities of underworld, without special desire sharing the power, carefully check validity of drawing condemned such tattoo. In case of detection of "unconscientiousness" of drawing of a tattoo of the stratifikatsionno-information character testifying to high position of the person, such tattoo is deduced violently.

The assistant to the governor of gaol on duty at reception of the condemned should pay attention to presence first of all at them of tattoos in the form of eight-final stars. These tattoos are put under clavicles (one more variant of drawing — in a lap and without small details of drawing is known).

According to criminal traditions, stars of authorities are not accompanied by texts. Therefore it is important to understand value of this or that star. «In catalogues of the Ministry of Internal Affairs it is registered over hundred variants podkljuchichnyh stars». The Most apply from them are resulted in the Appendix 5.

Epaulettes and the epaulets certificating the right to application of force also concern discriminating signs on "authorities".

At distribution on chambers at all condemned the operative worker should ask about an accessory condemned to this or that informal category.

From the condemned it is necessary to select a subscription that it is not the leader of the criminal environment (the formulation of basic value has no). Such subscription should be stored in the private affair of the condemned.

Condemned, declared self-identification with underworld, it is necessary to contain separately from a great bulk condemned (the compact or single maintenance). The further work with them, certainly, should have the specificity.

Schematically order of reception and placing of leaders of the criminal environment is shown in the scheme 3.

219

Kuchinskij A.V. — the Decree. The slave. — with. 151.

Abramkin V. F, Tchizhov of JU.V.as to survive in the Soviet prison: For the aid to the prisoner. — Krasnoyarsk: Agency "East", 1992. — With. 57.

See the chapter of II present work.

See: the Big Soviet Encyclopedia. Izd. Z-e. 1976. T. 25.

Scheme Z

Distribution condemned on chambers

About

At any of the specified methods of placing of leaders of the criminal environment a necessary condition of effective work on neutralisation of their negative influence is reliable mezhdukamernaja isolation.

It is necessary to notice, that work under the prevention of infringements of the established order of enduring the punishment by the condemned is in direct dependence on that, how much the legislator considers at formation of norms of feature of subcultural relations. The existing legislation in the list of "malicious infringements» does not provide separate traditional offences deprived of freedom, caused by their subculture.

In this connection V.M.Anisimkov has made the offer on addition ch. 1 items 116 Wick the Russian Federation following positions: «Malicious infringement condemned to imprisonment of the established order of enduring the punishment are: the use of the spirits, stupefying substances; the organisation or realisation of illegal requisitions from the condemned property, a foodstuff for the purpose of their reference in the property or transfers to other persons; participation in gamblings, involving condemned in employment by gamblings on money, things and other values, and is equal the requirement of transfer won in cards (bones, a thimble, etc. games) money, things, a foodstuff; reception illegal by transfers, letters or their departure with infringement of the established rules; hindrance condemned executions of the labour or public duties». [192]

Certainly, offered additions will promote increase of efficiency of struggle against antisocial displays from the condemned. However the formulation of some positions by us cannot be recognised by faultless. So, the expediency of application of the formulation «illegal requisitions with condemned» is called into question. According to §3 Regulations correctional facilities condemned in general it is forbidden to alienate in any way the property which is in a personal property. So about any "lawful" requisitions cannot be and speeches. Moreover, etymological interpretation of a word "pobor" already assumes its illegality.

Besides, at such formulation nevertheless there is out of a legal regulation field such activity of leaders of the criminal environment which are serving time in correctional facilities, as working out and propagation of criminal ideology. It is noticed, that one of functions of leaders of the criminal environment is «maintenance of criminal subculture by propagation of" thieves' idea », expressed in traditions and customs of" thieves' community »; consolidation of forces of criminals on the scale of one or several regions». [193] As we already marked, expecially dangerous leaders carry out present to the policy and at enduring the punishment in prison.

Proceeding from it, it is offered to make changes in ch. 1 item 116 Wick to the Russian Federation and to state it in the following edition: « Malicious infringement condemned to imprisonment of the established order of enduring the punishment are: the use of spirits, narcotics or other stupefying substances; minor hooliganism; threat, disobedience to the representative of administration or its insult; the organisation or realisation of requisitions from the condemned property, a foodstuff for the purpose of their reference in the property or transfers to other persons; participation in gamblings, involving condemned in employment by gamblings on money and other values, and is equal the requirement of transfer won in cards (bones, a thimble, etc. games) money, things, a foodstuff; the organisation of strikes or others group nepovinoveny, and equally active participation in them; reception illegal by transfers, letters or their departure with infringement of the established rules; working out of strategy and tactics of behaviour condemned at enduring the punishment; Hindrance to execution condemned the labour or public duties; the organisation of groups of the condemned, specified infringements directed on fulfilment, or active participation in them ».

Besides additions, we offer changes in existing edition ch. 1 items 116 Wick the Russian Federation. So, it is offered to replace a word "representatives" with a word "representative" as from close interpretation of the given norm proceeds that only threat, disobedience or the insult admits that case when two and it is more the than certified and civilian employees in which relation the specified actions are made, malicious infringement of a mode of enduring the punishment. It, naturally, does not meet the requirements of legality at enduring the punishment. Besides, from the present edition words "muzhelozhstvo" and "lesbijanstvo" 221 [194] are cleaned, the word of "groupings" is replaced by a word of "groups" [195].

At receipt in prison of authority of the criminal environment, and also at allocation condemned as the leader at enduring the punishment heads and employees of divisions of prison (first of all an operations section) should select strategy and tactics of actions concerning such condemned. The choice of a line of conduct is dictated by variety of factors among which it is necessary to name weight of the specified persons in underworld, degree of their influence on a great bulk condemned, their activity, character of interpersonal relations, etc.

In case psychological contact is come into with the leader of group of a negative orientation, strategy of mutual relations with it consists in the compromise, some kind of the agreement between administration and «the thief in the law», for an embodiment during which life tactics of the mutual account of the interests, separate steps towards, the concessions which are not beyond the law, as a rule, is selected.

Inadmissible, in our opinion, it is necessary to recognise practice of workers of some prisons addressing for the help to leaders of a negative part condemned at conflict situations, for conditions stabilisation in establishment for certain time. It only promotes increase of authority of such persons, in the opinion of condemned, promotes the statement of their position, favours to an establishment of "double management».

At a choice of strategy of the compromise it is very important not to pass a side between reciprocal concessions and the reference behind the help. It is possible in case the leader is in the subordinate, in relation to administration, position, instead of in opposition to it.

However noted situation in prison is observed infrequently. In most cases criminal activity «thieves in the law» and other "authorities" causes a choice of strategy of the antagonism which essence consists in counteraction, hindrance to the leader of the criminal environment in realisation of illegal activity. At such tactics that mutual relations of administration and condemned are under construction in the conditions of the conflict is characteristic, collisions of opposite interests. This conflict can accept various forms, including demonstration refusal of contacts to employees of operative devices, a summer residence oral or argument in writing, etc. The strengthened control over behaviour of the expecially dangerous leader condemned, massed use of compromising materials for the purpose of discredit of the leader and a dethronement of its authority, transfer into work with difficult or heavy working conditions with the control of its results, accurate use of all possibilities of disciplinary influence should become an implementer of such tactics so that any fact of offences did not remain without reaction.

Discredit of the leader of group and its active participants consists in:

- komprometatsii the specified persons which is understood as finishing to data of the nearest environment of the concrete facts excluding possibility further of employment by them in the lead position among negatively focused part of the condemned. Komprometatsija the leader of the criminal environment is pursued by the aim to undermine or completely to destroy authority therefore the leader loses practical possibility to carry out the organising functions.

- Dethronement of authority which consists in mistrust creation to members of group from all or the majority of the condemned.

At komprometatsii the leader it is expedient to bring to the notice of the nearest environment as the concrete line of its behaviour contradicting informal norms and rules of behaviour, and its separate actions blamed by associates from the point of view of the standard norms of morals.

It is possible to carry to the cores of position of the first sort:

- Rendering assistance of administration of the places of confinement in carrying out of educational and regime actions;

- Rendering assistance to law enforcement bodies in disclosing of crimes (a summer residence of truthful indications, confession, voluntary compensation of a material damage, exposure of accomplices and t.d);

- Participation before condemnation in the public organisations promoting crime control;

- Assignment or the negligent custody which has entailed withdrawal, «obshcha - ka»;

- Accessory in the past to a category so-called "lowered" and concealment of it;

- Inability or refusal to extinguish card loss;

- The facts of theft at members of the group;

- Participation in building and repair ohrannh constructions ITK, buildings of a penal insulator and premises of chamber type;

- Participation in the past in the amateur organisations condemned,

The trustworthy information about such acts of the leader is very much

The valuable. C the purpose of submission of "authority" the influence to employees should support skilfully at it fears that there can be known "offences" which are capable to compromise it in the opinion of other participants and even to entail punishment over them.

To the data compromising the leader of group from the point of view of the standard norms of morals, the facts testifying to low moral qualities of the person (for example, about committing a crime concerning aged or juvenile, the persons who are in a helpless condition, cruel treatment with close relatives etc.) concern. These circumstances are estimated by a great bulk condemned including their negatively characterised part, rather negatively and, as a rule, exclude possibility occupied with such persons enough the high informal status.

One of tactical receptions komprometatsii leaders and the most active participants of groups is their attraction to work on the basic manufacture with the piece-work pay. It is important also because the specified persons any ways aspire to evade from work. C the account of this parasitic tendency statement in conditions of obligatory daily work with the price-work form of payment and the strict account of made production will deprive of their possibility of achievement of one of association overall objectives in groups. The problem of employees of prison thus should consist in the organisation of the constant control over work of these persons for the purpose of an exception of possibility of assignment by them of results of work of others condemned, and also periodic discussions in a brigade of positive indicators of their work.

Thereupon it is necessary to notice, that the law gives to invalids I and II groups to work in prison at the desire. [196] meanwhile, N.A.Kolo myttsev notices, that among such persons of 15 % condemned can carry out separate kinds of works. [197] it would be expedient in the course of realisation of reform of criminally-executive system for such condemned to provide granting of works of improving character and to allocate in prison special industrial sites. As a matter of fact, this point of view has been stated A.L.Remensonom who suggested to provide the condemned invalids within residual work capacity, having reflected it on - lozhenie in the law.

Other effective reception komprometatsii a considered category condemned is creation to them of the mistrust relation. Realisation of this tactical reception assumes some variants which choice depends on a number of factors (a condition of operative conditions in prison, the characteristic of the leader and active participants of group, submission degree to intragroup requirements and t.d). The basic loading in realisation of the specified line of conduct, undoubtedly, lays down on with-! Operations section mines. Realising the given reception, employees should be careful to prevent possible punishment over compromised condemned from other members of group.

So, it is not excluded, that at distribution of the information discrediting the leader to it sanctions from the nearest environment can be applied various, up to physical violence. Besides, wishing to avoid responsibility for the hidden discrediting facts, the leader can deliberately make mode or crime gross violation, counting on a settlement in SHIZO, transfer in EFIKT, etc. On occasion the fear before punishment can be the mutilation reason, and is possible also suicides.

The way komprometatsii is necessary for defining taking into account the person of the leader, its authority at negatively focused part condemned, degrees of conformity of the discrediting facts to informal norms. Realisation of the given tactical reception without fail should be under construction taking into account possible negative consequences, with application of all measures of finishing of degree of risk to a minimum. As R.S.Belkin, «marked... The aspiration in general to avoid risk is unreal: the problem consists in selecting strategy of the least actual risk, to expect possible negative consequences of the decision and in advance to think over measures on liquidation or easing of these consequences, that finally and will lead greatest possible in the given conditions positive rezulta -

227

That ».

The result successfully spent komprometatsii the leader consists in mistrust formation to it from all or bolshej parts condemned the given colony. Thus to data of a great bulk deprived 127

Belkin R. S. A course of the Soviet criminalistics. Criminalistic means, receptions and recommendations. T. 3. — M.: Academy of the Ministry of Internal Affairs of the USSR, 1979. — With. 117.

Freedom the basic inconsistency of a position of leaders, harm of their activity, malignancy of following is possible to their appeals. In other words, the authority dethronement has an orientation obshcheprofilakticheskogo influences on the condemned.

In activity practice porem there are various tactical receptions and their versions at a dethronement of authority of leaders of a negative part condemned which, mainly, are reduced to the following:

- Finishing to data of a great bulk of the condemned negative results of illegal activity of concrete group of a negative orientation (about the measures of influence accepted by administration, an explanation of harmful consequences of malfeasances etc.);

- Informing condemned about the facts of oppression by participants of groups of other persons, requisitions from them, assignment of results of their work and maintenance with that to itself possibility of parasitic existence;

- Explanation condemned failing circumstances of the leader of concrete group to carry out taken by it on itself of obligations (an establishment of illegal channels of reception of the forbidden subjects, maintenance of non-interference of administration in intragroup processes, etc.);

- Dethronement, revision of those or other informal norms of circle of criminals;

- Public (in the wall press, by means of local broadcasting) self-condemnation of illegal activity by the former leaders and active participants of groups of the negative orientation, followed a correction way. The important condition thus is presence of authority at such condemned on the scale of prison, and also faultlessness of their own behaviour from the point of view of the standard norms of morals.

At any way komprometatsii the discrediting information should be authentic for what it is necessary to check it carefully preliminary.

Along with the specified situations are possible also such when the conflict between administration and the leader of the criminal environment enmity, and even not covered hatred to employees of prison accepts rather sharp forms where aversions are defining. In such conditions the most dangerous displays of criminal activity of criminal authorities are quite probable.

Noted conditions force to resort to the war strategy which essence is irreconcilable, uncompromising struggle against "authority" and its nearest environment. In turn, tactics should pursue the aim of suppression of leaders of the criminal environment, for what along with the considered measures collecting strict measures (a settlement in a penal insulator, transfer in uniform premises of chamber type), bringing to criminal liability for the committed crimes are used.

175

The conclusion

1. The carried out research has allowed to make a number of theoretical conclusions which are reduced to following substantive provisions:

1.1 Prison subculture includes both criminal, and not criminal components. The element of prison subculture which is beyond criminal, is the subculture of the closed groups. As that it is necessary to name the norms directed on maintenance of normal coexistence in unnatural conditions of the places of confinement compulsorily there of placed individuals, norm of sanitary - hygienic character. Owing to the specified circumstance it is impossible to allocate prison subculture with negative only characteristics.

1.2 As the reckoning basis to this or that informal category formed in the course of spontaneous stratification, the relation condemned to underworld acts. According to it four basic categories of the condemned are allocated:

Condemned, completely identifying with underworld;

Condemned, disapproving of underworld;

Condemned, concerning neutrally to underworld;

Condemned, denied by underworld.

1.3 pokamernoe the maintenance of the condemned complicates, though does not exclude at all integration condemned in small groups of a negative orientation. In difference from similar formations in other correctional facilities, in prisons vzai

modejstvie members of group it is carried out by nonverbal dialogue by means of an establishment of illegal interchamber communication.

Owing to specificity of a mode of the maintenance in groups of a negative orientation absence of executors is possible, and in the groups which have extended the influence on a great bulk condemned in given establishment in a role of executors all condemned act.

1.4 Groups condemned a negative orientation in prisons — the organised association of two and more condemned, leaving the imprisonment generated for realisation of prison obvious or hidden from administration of activity, directed on minimisation of the restrictions following from the fact of condemnation, by infringement of the established order of enduring the punishment;

1.5 Greatest degree of influence on execution and enduring the punishment processes the informal category condemned, identifying with underworld possesses. The community condemned voluntary delegates it the right to represent the interests and to defend them. Struggle for the informal power occurs between the small groups formed in given informal striations.

1.6 Influence of small groups condemned is expressed to a negative orientation in three directions:

Direct fulfilment of offences;

Formation and maintenance of prison subculture;

Establishment of norms of behaviour and sanctions for their infringement, offences causing fulfilment by other condemned.

Influence of small groups frequently reaches that informal norms prevail over official instructions, and condemned refuse to carry out valid claims of employees of administration contradicting them.

2. On the basis of the basic conclusions made during research and the received results the decision of the problems considered in them is obviously possible by realisation of following positions of organizational character:

2.1 With a view of strengthening mezhdukamernoj isolation condemned, and also to execute the governmental order of the Russian Federation from November, 3rd, 1994 № 1231 “About the federal program of building and reconstruction of investigatory insulators and prisons of the Ministry of Internal Affairs of the Russian Federation, and also building of habitation for the personnel of the specified establishments till 2000”, new prison buildings would be expedient for designing in the form of an octagonal tower which four parties are adjoined perpendicularly each other by regime cases, and floors of adjacent cases are at different levels.

Isolating boards ("peaks") at windows should be established not in parallel, and on perimetre of a window aperture. It is expedient to do edges of boards rough and pointed Besides, that such arrangement of boards will as much as possible complicate possibility of an establishment of interchamber communication through a window aperture, it will give bolshy inflow scarce in chambers of fresh air and a sunlight.

2.2 Information on participation condemned to leaders of the criminal environment (as to “to thieves in the law”, and to other "authorities"), besides special affairs, it is necessary to display and in its private affair. More particularly — in the form of an alarm strip on a cover of the private affair with a corresponding focusing inscription.

2.3 At reception in prison condemned, being the leader of the criminal environment, it is necessary to reduce to a minimum possibility of distribution among condemned information on its arrival. Reception and distribution in the chamber in such cases are made taking into account the features inherent in the given category of the condemned.

2.4 In the conditions of wide propagation of criminally-thieves' ideology from a platform stage, in mass media, in communication media and simultaneous absence of the formal bases for its interdiction it is necessary to apply counter-propaganda measures at the state level.

3. On the basis of the carried out research it is offered to make following changes and additions to normative acts:

3.1 In the corresponding departmental certificates, ordering to put on the account of the persons ranking to “to thieves in the law” and to other "authorities" to make changes according to which on the account in correctional facilities followed put “thieves in the law” and other offenders having possibility to influence an uncertain circle condemned (taken into custody).

Anticipating critical remarks of opponents, we will agree that such characteristic rather and is rather subjective. However, as argument in favour of the stated offer, we focus attention that such characteristic of the person does not attract for it any pravoogranicheny and has exclusively focusing character.

3.2 With a view of stimulation of voluntary delivery of money and other prices

nostej condemned, guarantees of their rights, and also efficiency increases obyskovoj works, in § 11 Regulations correctional facilities are offered to make changes and additions according to which words “withdrawn at condemned money is enlisted on their personal accounts. Securities and other values are stored in accounts department or in warehouse IU about what to the owner the receipt” stands out the Money which has been voluntary given out condemned employee of administration is replaced with words “, enlisted on their personal accounts, and securities and other values — transferred to storage in accounts department or on warehouse IU about what to the owner the receipt” stands out. Besides, the given paragraph after a word "receipt" is supplemented with words: “Money, securities, other values which voluntary have been not given out condemned at personal search, and also hidden from detection at a search of premises in which they live, are withdrawn and transferred in the state income”. Further — under the text.

3.3 It is offered to add article 130 UK the Russian Federation (Insult) cha

stju to the third and to state it in the following edition: “the Insult condemned, leaving imprisonment, another condemned, — is punished...”, establishing raised responsibility.

3.4 It is offered to add ch. 3 items 132 UK the Russian Federation (Violent

Actions of sexual character) a qualifying sign: "are made concerning condemned, leaving imprisonment;”;

3.5 It is offered to make changes in ch. 1 item 116 Wick to the Russian Federation and to state

It in the following edition: “Malicious infringement condemned to imprisonment of the established order of enduring the punishment are; the use of narcotics or other stupefying substances; threat, disobedience to the representative of administration or its insult; the organisation or realisation of requisitions from the condemned property, a foodstuff for the purpose of their reference in the property or transfers to other persons; involving condemned in employment by gamblings on money and other values, and is equal the requirement of transfer won in cards (bones, a thimble, etc. games) money, things, a foodstuff; the organisation of strikes or others group nepovinoveny, and equally active participation in them; working out of strategy and tactics of behaviour condemned at enduring the punishment; hindrance to execution condemned the labour or public duties; the organisation of groups of the condemned, specified infringements directed on fulfilment, or active participation in them”.

At execution of imprisonment correctional facility administration frequently faces the organised counteraction (and at times and an antagonism) groups condemned a negative orientation. The given problem accepts an especial urgency in prisons, where

Contain condemned, possessing the raised social danger. Illegal activity of negative groups as a whole and, in particular, their leaders leads to that norms of prison subculture prevail over the official. It deprives initiative administration in carrying out to karatelno-educational work. Real danger of "double subordination" of prison of administration — on the one hand, to leaders of the criminal environment — with another is created.

The account made during conclusions and offers, in our opinion, in the future will promote neutralisation of negative influence of groups condemned to a negative orientation and will allow to raise efficiency of execution of punishment in prisons with a view of restoration of social justice and the prevention of fulfilment of new crimes.

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A source: BLOHIN Jury Ivanovich. ORGANIZATION-LEGAL MEASURES of NEUTRALIZATION of NEGATIVE INFLUENCE of GROUPS CONDEMNED the NEGATIVE ORIENTATION In PRISONS the DISSERTATION on competition of a scientific degree of the master of laws Rostov-on-Don. 1999

More on topic § 2. Measures of counteraction to leaders of negative groups condemned:

  1. BLOHIN Jury Ivanovich. ORGANIZATION-LEGAL MEASURES of NEUTRALIZATION of NEGATIVE INFLUENCE of GROUPS CONDEMNED the NEGATIVE ORIENTATION In PRISONS the DISSERTATION on competition of a scientific degree of the master of laws Rostov-on-Don, 1999 1999
  2. § 2. Forms of display of negative influence of groups condemned a negative orientation in prisons
  3. the Chapter III. Ways of neutralisation of negative influence of groups condemned a negative orientation
  4. §5. A role and a place of leaders of informal groups condemned in system subkulturyosuzhdennyh
  5. § 2. Features of groups condemned a negative orientation in prisons
  6. § 1. Preventive maintenance of the offences caused by activity of groups of a negative orientation
  7. §1. The reasons and conditions of efficiency of influence of groups of a negative orientation on execution and enduring the punishment process
  8. Chapter 1. Prison subculture and its influence on formation and development of groups of a negative orientation
  9. the CHAPTER II. Influence of small groups of a negative orientation on execution and enduring the punishment process
  10. § 1. The General characteristic, the basis and an order of application of measures of encouragement to condemned
  11. § 2. Counteraction measures to female violence in a family
  12. 3.2. Kriminologichesky measures of counteraction to terrorism in Russia
  13. Criminally-executive disciplinary measures for condemned, serving time in the form of freedom restriction
  14. 3.1. Criminally-executive measures of encouragement for condemned, serving time in the form of freedom restriction
  15. Specially-Kriminologichesky measures of counteraction to process of formation of the person of the criminal-terrorist
  16. § 3.2. Social and economic measures of counteraction to illegal corporate captures.