Implementation of incentive norms of criminal-executive legislation in providing confidential assistance to convicts by operational units of correctional institutions

Abstract

Relevance of the study.

Federal Law No. 144-FZ of 12.08.1995 «On operational-search activities» contains provisions providing for incentives for persons providing confidential assistance to bodies implementing operational-search activities. These incentive measures mainly come down to receiving various forms of monetary rewards, which do not sufficiently express the motivation of convicts providing confidential assistance to operational units of correctional institutions, the specifics of providing assistance, the complexity of fulfilling the tasks assigned to them, the limited territory for executing assignments (tasks). At the same time, the use of persons providing confidential assistance to bodies implementing operational-search activities, working only for material incentives, is fraught with the danger that they can easily be reoriented for a larger reward, they can provide operationally significant information in doses in order to receive a more significant monetary reward. Also, on their part, misinformation and provocative actions are possible aimed at illegally obtaining a monetary reward. The criminal-executive legislation provides for incentive measures of a moral nature in relation to those sentenced
to imprisonment, which, in addition to stimulating law-abiding behavior, resolve some important issues for them (obtaining additional meetings with relatives, lifting previously imposed penalties, etc.). At the same time, in connection with the specifics of providing assistance to operational units of correctional institutions, the confidant, in terms of incentives by measures of the criminal-executive legislation, is in an unequal position in relation to an ordinary convict of a correctional institution, which, in our opinion, infringes on these rights. The article proposes to consider the issue of implementing incentive norms of the criminal-executive legislation when providing confidential assistance by convicts to operational units of correctional institutions.

The goal is to examine existing incentive measures for convicted persons and convicts providing confidential assistance to operational units of correctional institutions, to identify problematic issues in the application of incentive measures and to provide proposals for resolving the issue of encouraging convicted persons who provide confidential assistance to correctional institutions.

Conclusions. Based on the study of empirical materials and regulatory legal acts, the existing incentive measures for convicted and convicted confidential persons held in correctional institutions are considered. In the process of analyzing the information obtained, it was established that one of the main issues in applying incentive measures to convicted confidential persons is compliance with the principles of legality and conspiracy. Taking into account the presence of features in the implementation of Article 113 of the Criminal Executive Code of the Russian Federation when implementing the provisions of Articles 17 and 18 of the Federal Law «On Operational Investigative Activities», we concluded that it is necessary to conduct additional scientific research aimed at applying incentive measures to convicted confidential persons held in correctional institutions.

EDN: ZOBOLK