ББК 67 Право. Юридические науки
В статье представлено несколько выводов, которые сводятся к следующему: правовую основу использования инноваций в деятельности уголовно-исполнительной системы составляет Федеральный закон «Об образовании в Российской Федерации» от 21 декабря 2012 г.; использование инноваций в деятельности уголовно-исполнительной системы состоит в вовлечении сотрудников в процесс цифровизации их служебной деятельности; использование инноваций в деятельности уголовно-исполнительной системы означает применение инновационных технических средств при обеспечении содержания осужденных в исправительных учреждениях.
Российская Федерация, законодательство, Конституция РФ, уголовно-исполнительное законодательство, федеральный закон РФ, Уголовно-исполнительный кодекс РФ, Федеральный закон «Об образовании в Российской Федерации» от 21 декабря 2012 г., уголовно-исполнительная система, инновация
The subject of this article is the innovative activity of the penitentiary system of the Russian Federation.
So, S.V. Markelov identified the “main directions” of innovation in the penitentiary system (“The necessity of programming innovation in the Federal Penitentiary Service is proved. Historical experience shows that scientific and For the Russian Federation, which has embarked on the path of legal reform and democratization of public life, solving the problems of coordination and efficiency of reforming institutions and bodies executing criminal sentences is of fundamental importance; as drawing up a program of a certain sequence of actions, consisting in a purposeful, problem-oriented change in organizational, methodological, structural, information nno-technical activities in order to ensure the effective implementation of the Concept for the development of the penal system of the Russian Federation until 2020, obtaining stable results with the least expenditure of manpower and resources”).
HE. Markelova defined the “theoretical and legal foundations” of innovation in the penal system (“Thus, innovation is a complex of scientific, methodological and organizational measures aimed at creating and introducing innovations”). The same author carried out a “retrospective analysis of the formation and development of innovative activity in the penal system” (“As a result of the analysis of the regulatory and legal consolidation of innovative activity in the penal system, the following conclusions can be drawn: 1. History of the study and implementation of new and advanced methods organization of the activities of institutions and bodies executing criminal punishments in Russia is very long and deserves close attention. currently, the regulatory framework has largely outlived its usefulness, it is necessary to adopt new regulatory acts that, firstly, would preserve the elements of the UIS innovation system created in the past and are currently effectively working, and secondly, they would define new, more its perfect principles, methods and organizational forms of its development”).
Like-minded authors (V.I. Kruss and V.V. Kopylov) are already using the term “institutional innovations” activities of the penitentiary system ... On September 1, 2008, the Federal Law of June 10, 2008 N 76-FZ “On public control over ensuring human rights in places of forced detention and assistance to persons in places of forced detention came into force..., which establishes the legal basis for the declared forms of civic activity. The greatest attention in the Law is paid to such a subject of control in places of detention, as the public supervisory commissions formed in the constituent entities of the Federation. Control competence is also established for members of these commissions. non-governmental organizations (Art. 5). At the same time, the Law does not diminish the right of public associations, public councils, bodies and commissions to exercise public control in accordance with other regulatory legal acts of the Russian Federation (Article 1)”.
Probably, not so perfect results of scientific research regarding innovations in the activities of the penitentiary system of the Russian Federation are predetermined by the imperfection of the penitentiary legislation.
First of all, we draw attention to the Criminal Executive Code of the Russian Federation of December 18, 1996, entered into force on July 1, 1997 (“1. The criminal executive legislation of the Russian Federation is aimed at correcting convicts and preventing the commission of new crimes as convicted persons, 2. The tasks of the criminal-executive legislation of the Russian Federation are to regulate the procedure and conditions for the execution and serving of sentences, to determine the means of correcting convicts, to protect their rights, freedoms and legitimate interests, to provide assistance to convicts in social adaptation” — Art. 1)... True, in this normative legal act, in legal force equated to the federal Law of the Russian Federation, the term “innovation” is not used.
Therefore, we refer to a normative legal act with equal legal force: the Federal Law of the Russian Federation “On Education in the Russian Federation” dated December 21, 2012 (“1. The subject of regulation of this Federal Law is public relations arising in the field of education in connection with the implementation of the right education, ensuring state guarantees of human rights and freedoms in the field of education and creating conditions for the realization of the right to education ... 2. This Federal Law establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, general rules for the functioning of the education system and the implementation of educational activities, determines the legal status of the participants in relations in the field of education” — Art. 1). We pay special attention to Art. 20 “Experimental and innovative activities in the field of education” of the Federal Law of the Russian Federation of December 21, 2012 (“1. Experimental and innovative activities in the field of education are carried out in order to ensure the modernization and development of the education system, taking into account the main directions of the socio-economic development of the Russian Federation, implementation of the priority directions of the state policy of the Russian Federation in the field of education. ... 3. Innovation activities are focused on improving the scientific and pedagogical, educational and methodological, organizational, legal, financial and economic, personnel, material and technical support of the education system and is carried out in the form of implementation of innovative projects and programs by organizations carrying out educational activities, and other organizations operating in the field of education, as well as their associations. interests of participants in educational relations, the provision and receipt of education, the level and quality of which cannot be lower than the requirements established by the federal state educational standard, federal state requirements, educational standard”).
Thus, it is permissible to use innovations in the activities of the penitentiary system of the Russian Federation.
The foregoing allows us to express several judgments.
Firstly, the legal basis for the use of innovations in the activities of the penitentiary system is the Federal Law “On Education in the Russian Federation” dated December 21, 2012 No.
Secondly, the use of innovations in the activities of the penitentiary system means the involvement of employees in the process of digitalization of their official activities.
Thirdly, the use of innovations in the activities of the penitentiary system means the use of innovative technical means while ensuring the maintenance of convicts in correctional institutions.
1. Markelov S.V. The main directions of improving innovation in the penal system // Bulletin of the Perm University. Legal sciences. 2012. № 3. Pp. 218–227.
2. Markelova O.N. Theoretical and legal foundations of innovation in the penal system // Bulletin of the Perm University. Legal sciences. 2012. № 3. Pp. 228–237.
3. Markelova O.N. Retrospective analysis of the formation and development of innovative activity in the penal system // Bulletin of the Perm University. Legal sciences. 2013. № 1. Pp. 193–203.
4. Kruss V.I., Kopylov V.V. Institutional innovations in the Russian penal system and their significance for the mechanism of constitutional guarantee of human and civil rights and freedoms // Constitutional and municipal Law. 2009. № 18. Pp. 32–37.
5. Galuzo V.N. Law enforcement agencies: A textbook for university students. M.: UNITY-DANA, 2019.
