<<
>>

the Technique of definition of efficiency of punishment under criminal law in the form of restriction of freedom taking into account the business factors accompanying application of electronic means of tracking for condemned

For the successful decision of the problems connected with absence validnyh of techniques of forecasting of efficiency of appointment and execution of punishment, it is necessary, that it was based on authentic data, has been deprived bias and subjectivity, was based on correct use of methods and forecasting techniques.

In the previous paragraph among the factors influencing efficiency kriminologicheskogo of forecasting, the complexities connected with application and functioning of electronic means of tracking persons, condemned to freedom restriction (in particular considerable expenses) have been named.

Substantially on efficiency of execution of restriction of freedom the crimes made by top management FSIN have negatively affected. The former director of service Alexander Rejmer and the company lobbied by it introduced electronic bracelets under the overestimated prices, having aggrieved to treasury in 2,7 billion roubles. The price of the complete set for the state needs fluctuated from 108 thousand to 128 thousand rbl. By an estimation of experts, real cost of electronic bracelets should not exceed and 43 thousand roubles [174] . Besides, bought means of tracking were inadequate quality and did not allow inspectors to receive the information on a site of the condemned in due time. A sentence of court Alexander Rejmer and its accomplices have been recognised by guilty of swindle. To former director FSIN punishment in the form of eight years of a colony of the general mode and the penalty in 800 thousand rbl. Also it has been appointed has been deprived a rank the colonel general [175] .

Estimating economic feasibility of punishment in the form of freedom restriction, it is possible to compare expenses on it to expenses at real imprisonment. Meanwhile restriction of freedom as the basic punishment is appointed for crimes of small and average weight. Hence, it can constitute some kind of "competition" to correctional labour and probation. Besides, more frequent application of restriction of freedom can cause reduction of number condemned, serving time in the form of imprisonment (first of all in colonies-settlements).

According to 2012, on one such condemned it was spent 2, 2 [176] . In 2014 on the maintenance of one person deprived of freedom, 33 000 rbl. a month = 405 000 rbl. a year (2/3 these sums were allocated on
salaries of employees of establishment FSIN) were allocated. In 2016 in the budget for needs FSIN expenses at a rate of 265 billion roubles have been put in pawn. 75 % of these means go on the maintenance of employees of department. The increase in the budgetary expenses allocated for needs FSIN, has occurred to 48 billion rbl. in 2004 to 269 billion rbl. in 2015 [177] Now reduction of expenses on a food condemned is supposed. By 2019 FSIN plans to reduce size of expenses on each of them a day with 86 to 64 roubles [178] , that will constitute 23360 roubles a year on one person. As of October, 2016 in the places of confinement in Russia are more than 700 thousand condemned. Hence, at new specifications at calculation of expenses on the same number of the persons deprived of freedom, the sum of expenses will constitute 16 billion roubles a year.

Taking into account that last years freedom restriction is appointed less than 30 000 persons in a year, at preservation of this tendency simultaneously can serve time no more than 120 000 persons in a year (since.

The maximum term of appointment of this punishment is equal to 4 years. Expenses on electronic bracelets (at an estimated cost of 19 000 roubles) will constitute hardly more than 2 billion roubles. Besides, the bracelet is got once for all period of punishment (i.e. Does not demand annual financing) and it can be used further for monitoring behind behaviour of other condemned. In 2015 in system FSIN electronic bracelets began to be used, whose term of operation has grown from three till seven years at the expense of application energosberegajushchih technologies. It is important to notice, that new devices are much cheaper than the previous samples, but are thus more reliable and dolgovremenny in operation [179] . It is supposed, that cost of such electronic bracelets will not exceed 10 000 roubles. Gradual replacement of devices of tracking of old type on new
started Application of new means of electronic monitoring in 2015 promotes occurrence still bolshej differences in expenses on one condemned in comparison with real imprisonment.

Practical workers underline necessity of an establishment of economic feasibility of applied social mechanisms. It also is fair for applied measures of criminally-legal influence. Modern researchers state the similar point of view 5 suggesting to find out a social role of punishments taking into account an economic component.

Social and economic efficiency of criminally-legal measures can be considered as a parity meanwhile, how much it was possible to reach the purposes to which is served by these measures (in it their utility for a society) and the expenses suffered during their application by the state and a society is shown.

the Basic indicators can be designated as follows: EPN - efficiency of application of punishment; FR - actually reached social result; ZGO - state and society expenses.

Thus, the formula of efficiency of application of punishment in the form of freedom restriction can be designated as a parity between the reached results and costs which should be incurred for execution of the given measure.

And. V.Sokolov also fairly includes the reached result which develops of several components in number of indicators of efficiency of application of considered punishment. The following concerns them: achievement of the purpose of restoration of social justice; achievement of the purpose of correction condemned; achievement of the purposes of the general and special prevention [180] [181] . All purposes of punishment indissolubly
are connected. So, the purpose of correction condemned is closely connected with justice of the appointed punishment and can be reached success of the special prevention.

Restoration of social justice as a result of execution of restriction of freedom is considered by us in research chapter 1. The second and third criterion are mainly characterised by such indicators, as presence of infringements during enduring the punishment and relapse.

As already it was marked above, by means of electronic monitoring of under control persons for all time of functioning of this system it has been revealed more than 30 thousand infringements of a mode of enduring the punishment. On 9 959 condemned the court on representations UII assigns additional restrictions. 87 % condemned to this punishment are struck off the register for the positive reasons [182] .

With increase in number condemned to freedom restriction the tendency of growth of criminality of the given category of the condemned is accurately traced. In execution of punishment under criminal law in the form of freedom restriction in 2010 142 crimes, in 2011 - 504, in 2012 - 730, in 2013 - 1 123, in 2014 - 1 044 have been made. The Crime rate of a considered category condemned for this period also has increased and has reached in 2014 15, 6 counting on 1 000 condemned (approximately 1, 6 %) [183] .

Choosing a measure of criminally-legal compulsion which will be as much as possible effective in each concrete case, it is necessary to consider set of factors. For example, degree of the social danger of perfect act, level kriminogennosti region, data about last unlawful conduct, including relapse presence. We believe, that
the estimation of efficiency of the applied punishment should occur to the account of correction factors. Such indicators are:

- relapse presence;

- dynamics of fulfilment of socially dangerous acts similar on character the persons who do not have previous convictions;

- degree of the social danger of a crime.

Thus, correction factors of an author's technique we will present in a following kind:

- on a relapse category it is possible to allocate three levels: low to 5 % that average corresponds to factor 0,7, - to 20 % that corresponds to factor 0,5, high - over 20 % that corresponds to factor 0,3;

- on dynamics of fulfilment of crimes from the party earlier persons not involved in the criminal liability, considering level of application of fixed penalty for such crime, it is allocated three levels: positive dynamics that corresponds to factor 0,7; dynamics remains invariable, that corresponds to factor 0,5; negative dynamics that corresponds to factor 0,3;

- on severity level of the committed crime providing corresponding punishment, it is allocated three levels: acts with small degree of the social danger that corresponds to factor 0,7; crimes of average weight that corresponds to factor 0,5; careless grave crimes that corresponds to factor 0,3.

On the basis of the listed indicators it is possible to define average correction factor.

low level of relapse among the persons, leaving freedom restriction, taking into account evasion from punishment execution that will correspond to factor 0,7 Is observed.

Then the following correction factor is defined. Dynamics of fulfilment of a certain kind of crimes for which punishment in the form of freedom restriction was appointed, is invariable, therefore for it we define factor 0,5.

last factor Further is defined. Freedom restriction is appointed mainly for fulfilment of acts of small weight, hence, the factor on the given indicator will be 0,7.

Thus, the average factor by three criteria will constitute 0,63 ((0,7+0,5+0,7):3).

After that it is necessary to define actually reached result by means of punishment application. It is necessary to increase 100 % on 0,63 and we will receive 63 %.

Thus, social and economic efficiency of application of punishment in the form of freedom restriction constitutes 63 %.

to Estimate expediency of appointment and efficiency of application of restriction of freedom difficult enough, as well as to track miscarriages of justice or to analyse essence of the infringements admitted by employees of criminally-executive system. We will consider data about infringements of legality from personnel UII. Data are presented in a graphic kind, the trend line (the Appendix 3 see) is defined.

As of May, 1st, 2018 regular number of personnel UIS financed from means of the federal budget, constitutes 295 967 people, including commanding structure - 225 284 people (including variable structure - 5 910 people) [184] .

It is obviously possible to calculate factor of infringements of personnel UII under the following formula: KNZ = (NZ * 1000): P, where NZ - quantity of the considered infringements of legality. In 2016 the quantity of the references which have arrived in FSIN of Russia from condemned and them
of relatives, and also employees of criminally-executive system on wrongful acts of employees UIS, has constituted 2531 case [185] ; P - number of the personnel (295 967 people). Thus, factor 8, 55 on 1 thousand persons. Taking into account these data it is obviously possible to predict dynamics of infringements of legality the next years.

In our opinion, precisely to predict probability of fulfilment of wrongful acts from personnel UII it is not obviously possible. But increase of efficiency of the given forecasts will promote minimisation kriminogennyh tendencies.

it is unconditional, at forecasting realisation recorded instances of infringements can be considered only. We believe, that there is a significant amount of deviations from the positions of the legislation admitted by workers of criminally-executive inspections which are hidden. Partly it is caused by that condemned, in particular the persons, freedom leaving restriction, are in a state of dependence from these employees and consequently do not inform on some infringements from the last.

employees (42 %) during interrogation have specified, that 10 % of infringements from real number admitted [186] are registered only. 29 % of respondents underline, that such difference is caused by unwillingness to inform the information undermining authority of workers ugolovnoispolnitelnoj of system. It is caused by false representation about interests of service.

the increase in number of corruption infringements among workers of criminally-executive system is annually marked. From January till November, 2016 352 crimes of a corruption orientation have been revealed, that more than on third exceeds indicators of 2015 in which have been initiated
criminal cases on 211 crimes such [187] . It is necessary to expect and the further increase in number of recorded instances of law-breakings by employees FSIN connected with corruption that is somewhat caused by perfection of the anticorruption legislation of the Russian Federation and methods of struggle against this tendency.

Studying of such phenomenon as non-observance of positions of the legislation by employees of criminally-executive system will allow to reveal among them potential risk group and to develop the mechanism of counteraction to offences. As since times of the ancestor of criminal law CHezare Bekkaria in law-making the belief that will be better to warn a crime is prevailing, rather than to punish then for it [188] .

It is represented, that the following indicators received as a result of research should be put in a forecasting basis:

- application of punishment in the form of restriction of freedom as a punishment principal view;

- application of punishment in the form of restriction of freedom as a punishment auxiliary view;

- retsidivnost fulfilment of crimes.

So, correction factors:

- on application of punishment in the form of restriction of freedom as a punishment principal view (the effectiveness ratio obshche precautionary influence of the given kind of punishment in this case is defined as core) three levels are allocated: positive dynamics that corresponds to factor 0,7; dynamics remains invariable, that corresponds to factor 0,5; negative dynamics that corresponds to factor 0,3;

- on application of punishment in the form of restriction of freedom as a punishment auxiliary view (the effectiveness ratio obshche precautionary influence of the given kind of punishment in this case is defined as additional) three levels are allocated: positive dynamics that corresponds to factor 0,7; dynamics remains invariable, that corresponds to factor 0,5; negative dynamics that corresponds to factor 0,3;

- on relapse it is possible to allocate three levels: low to 5 - %, that

corresponds to factor 0,7; average - to 20 % that corresponds to factor 0,5; high - over 20 % that corresponds

0,3.

Taking into account the given factors on the indicators set forth above it is possible to define average correction factor.

Dynamics of fulfilment of a certain kind of crimes for which punishment in the form of freedom restriction as a punishment principal view was appointed, varied slightly, means, the factor on the given indicator is equal 0,5.

Dynamics of restriction of freedom as punishment auxiliary view rather considerable also is characterised by high and prompt growth, therefore for it we define factor 0,7.

With reference to restriction of freedom level of relapse from condemned by which the given punishment is appointed, taking into account evasion from execution is an average that will correspond to factor 0,5.

So, the average factor by three criteria will constitute 0,57 ((0,5+0,7+0,5):3).

After that it is necessary to define actually reached result by means of punishment application. It is necessary to increase 100 % on 0,57 and we will receive 57 %.

we Believe, that productivity of application of restriction of freedom taking into account miscarriages of justice and the infringements admitted by employees of criminally-executive system, will constitute 57 %.

Being based on the calculations presented above, it is possible to predict increase in number of cases of awarding punishment in the form of freedom restriction. In spite of the fact that realisation of the developed forecasting was not included into problems of the present research, we believe, that in the future in our country there will be an increase in number of such condemned approximately in 1, 5-2 times condemned approximately in 1.

It is thought, that for realisation of positions of the Concept of development of criminally-executive system it is necessary to analyze indicators of efficiency of application of restriction of freedom. This kind of punishment under condition of application of new means of electronic monitoring shows economic feasibility.

Conclusions under the paragraph:

For the successful decision of the problems connected with absence validnyh of techniques of forecasting of efficiency, it is necessary, that it was based on authentic data, has been deprived bias and subjectivity, was based on correct use of methods and forecasting techniques. Us the formula of calculation of efficiency of application and awarding punishment in the form of freedom restriction is offered: EPN = =: ZGO. The basic indicators is the following: EPN - efficiency of application of punishment; FR - actually reached social result; ZGO - state and society expenses. Actually reached result of execution of considered punishment is equal 63 %.

On the basis of the spent calculations we do a conclusion, that sotsialnoekonomicheskaja efficiency of application of punishment in the form of freedom restriction is understood as a parity of actually reached social result during application of corresponding punishment under criminal law (63 %) and public costs at realisation of the purposes (which calculation
is necessary for making taking into account dynamics of expenses FSIN on means of electronic monitoring). However at calculation of efficiency of application of punishment it is necessary to consider such factor, as factor of infringements of personnel UII which is defined under the formula: KNZ = (NZ * 1000): P, where NZ - quantity of the considered infringements of legality (2531); P - number of the personnel (295 967 people). Thus, the factor is equal 8, 55 1 thousand persons. In this connection we can assume, that efficiency of application of punishment in the form of freedom restriction (taking into account factor of infringements of personnel UII) 57 %.

Studying of such phenomenon as non-observance of positions of the legislation by employees of criminally-executive system, will allow to reveal among them potential risk group and to develop the mechanism of counteraction to offences.

we Believe, that forecasting of efficiency of application of restriction of freedom to the persons who have made socially dangerous acts of small and average weight, should be based on the analysis of specific features of separate regions. Data about kriminogennoj conditions, a condition, structure and crime wave should be considered. Besides it, it is necessary to take into consideration the data concerning to kriminologicheskoj and the psychological characteristic condemned, especially significant the information on the persons inclined to relapse is. Being based on all these data, it is necessary to develop and take the measures promoting formation pravoposlushnogo of behaviour, to loss of criminal communications, achievement of the purposes assigned to punishments under criminal law. It can play the important role in the course of working out of mechanisms of preventive maintenance of criminality, increase of efficiency of punishments and productivity of work UII at execution of punishment under criminal law in the form of freedom restriction.

<< | >>
A source: Hodzhaliev Saleh Ajsaevich. the Theory and practice of restriction of freedom as punishment kind. The dissertation on competition of a scientific degree of the master of laws. Grozny - 2019. 2019

More on topic the Technique of definition of efficiency of punishment under criminal law in the form of restriction of freedom taking into account the business factors accompanying application of electronic means of tracking for condemned:

  1. the Factors influencing forecasting of efficiency of execution of punishment under criminal law in the form of restriction of freedom
  2. the Basic kriminologicheskie the determinants promoting increase of efficiency of execution of punishment under criminal law in the form of restriction of freedom
  3. the Modern condition and problems of a legal regulation and practice of appointment and execution of punishment under criminal law in the form of freedom restriction
  4. CHAPTER 3. STIMULATION PRAVOPOSLUSHNOGO OF BEHAVIOUR CONDEMNED TO FREEDOM RESTRICTION AS THE DEFINING FACTOR OF EFFICIENCY OF EXECUTION OF PUNISHMENT
  5. CHAPTER 2. The KRIMINOLOGICHESKY COMPONENT of EFFICIENCY of EXECUTION of PUNISHMENT In the form of FREEDOM RESTRICTION
  6. 2. Concept and essence of criminal procedure proving taking into account features of representation of the information on the facts in electronic form
  7. 3.1. Criminally-executive measures of encouragement for condemned, serving time in the form of freedom restriction
  8. the Retrospective show of evolution of punishment in the form of freedom restriction in Russia
  9. Criminally-executive disciplinary measures for condemned, serving time in the form of freedom restriction
  10. the bank account Contract as civil-law means of maintenance of clearing settlements with application of electronic instruments of payment
  11. 3. The account of a parity biological and social in criminal behaviour as one of directions of increase of efficiency of punishment under criminal law Discussion about biological and social in behaviour of the person and the precondition to its renewal.
  12. 1.1. Essence, the maintenance and the form of punishment under criminal law in the form of arrest
  13. 3. A problem of definition of criteria of classification of the crimes condemned for plurality by kinds correctional facilities and a choice of conditions of enduring the punishment in the form of imprisonment
  14. 1.3. Freedom of civil-law contractual regulation and the form of its restriction
  15. 2. Concept efficiency of punishment under criminal law and model of its estimation