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Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society

Mironov Rinat

Doctor of Law

Professor, the department of Law, Eastern Economics and Law Academy of the Humanities

450071, Russia, respublika Bashkortostan, g. Ufa, ul. Mendeleeva, 215/4

mirorinat@yandex.ru
Other publications by this author
 

 

DOI:

10.25136/2409-7136.2022.7.37375

EDN:

AQHUPO

Received:

22-01-2022


Published:

01-08-2022


Abstract: In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.


Keywords:

digital interaction, law enforcement activities, social technologies, public administration, law enforcement system, network society, digital economy, penal enforcement agencies, police, integrated cooperation

This article is automatically translated. You can find original text of the article here.

Relevance of the research topic.

The fundamental transformations carried out in society and the state have fundamentally changed the nature of public relations, their structure, dynamics, forms that require an appropriate security system and crime prevention. In modern conditions, the problems of the organization of interaction between the UIS and the ATS, which are designed to ensure the protection of social objects from negative forces and processes occurring within Russian society, have become particularly relevant both theoretically and practically. In recent years, new forms and sources of threats to personal, public and State security and vital interests have emerged, which cannot be ensured within the framework of the old mechanism of interaction. Despite all the measures taken, crime continues to have a powerful negative impact on all spheres of the life of the state and society, seriously hinders the socio-economic and political transformations of Russia, undermines its international authority.

The structure and dynamics of crime have fundamentally changed. Crime has largely become organized (up to 10-15% of detected crimes with the qualifying sign "committed by an organized group" has increased tenfold); audacious (serious and especially serious crimes account for 30%), in 2020, compared with 2015, the number of murders and attempted murders increased by 2.2%, by 4.4% - facts intentional infliction of serious harm to health; mobile-network (up to 25% of crimes are committed using digital telecommunication technologies).

One of the factors influencing the state of law and order in society is a large category of persons sentenced to criminal penalties not related to isolation from society. This category is determined by the types of criminal penalties, which include: compulsory labor, correctional labor, restriction of freedom, deprivation of the right to hold certain positions or engage in certain activities. In addition, the most common category of registered persons includes those sentenced to imprisonment conditionally or with a deferred sentence, as well as persons who are monitored for the purpose of executing court decisions on the election of a preventive measure in the form of house arrest, bail, prohibition of certain actions (hereinafter persons sentenced to criminal penalties without isolation from the company or registered or controlled persons).

In this regard, there is a complex criminogenic composition of persons registered with the criminal executive inspections (hereinafter UII) of the UIS. The level of repeat crime among this category of convicts was: 2018 - 2.02%; 2019 - 2.44%; 2020 - 2.09%. The role of the use of preventive measures of influence by the UIS and ATS is increasing. According to the Federal Penitentiary Service of Russia, 941961 people were registered in 2020, 16732 of them were removed from the register in connection with a conviction for a new crime (2019 - 1003165 people, 19413 people were removed from the register; 2018 - 1034029 people, 19002 people were removed from the register; 2017 - 989228 people., 15692 people were removed from the register). There is a natural tendency to increase the number of convicts without isolation from society, associated with the decriminalization of criminal penalties. As of October 1, 2021, 453241 convicts were registered with the UII, 7821 were under house arrest, 4194 were banned from certain actions, 57 were on bail with the obligation to comply with the prohibitions provided for in Part 6 of Article 105.1 of the Criminal Procedure Code of the Russian Federation [1].

The main causes of repeated criminality on the part of the studied category of persons are:

- lack of a permanent source of income;

- lack of documents necessary for employment (in relation to punishments related to the mandatory involvement of a convicted person in labor);

- alcohol and drug addiction, insufficient level of intellectual development, antisocial attitudes and habits (parasitic and selfish aspirations), lack of family;

- criminal infection, or inability to resist a negative environment;

- weak supervision by regulatory authorities, lack of information about convicts, untimely acceptance (or non-acceptance) measures of influence provided by law;

- lack of employees' skills to work with controlled persons, lack of individual preventive work, reduced demands on violators of the order of serving a sentence;

- poor-quality preparation of submissions to the court regarding violators of the order and conditions of serving a sentence;

- lack of mutual contacts with the courts and the prosecutor's office.

In modern conditions, the role of state and public security agencies is high - the Ministry of Internal Affairs of the Russian Federation (hereinafter the Ministry of Internal Affairs of Russia) and the Federal Penitentiary Service of the Russian Federation (hereinafter the FSIN of Russia). Their activities are characterized by the multidimensional nature of the functions implemented, aimed at improving the unified state system of crime prevention, ensuring the implementation of the principle of the inevitability of punishment for committing a crime, as well as the formation of an atmosphere of intolerance to illegal activities in society [2].

The article explores issues related to the joint activities of the UIS and the Department of Internal Affairs, including the Criminal Enforcement Inspectorate (UII), the service of district Police Commissioners (SUUP), the Juvenile Affairs Inspectorate (IDN), the search units of the UIS, the criminal police (KP), the public security police (POB), the patrol and post police service (PPSP), traffic police, etc. to ensure proper control and supervision of the behavior of those sentenced to criminal penalties without isolation from society, to prevent and prevent them from committing new crimes. In this regard, there is a need for a systematic analysis of the theoretical, methodological and organizational and legal problems of interaction between the UIS and the ATS, including technological and digital mechanisms of joint control over convicts serving criminal sentences in society.

In addition, the relevance of the study is determined by the need to improve the law enforcement practice of the Criminal justice system and the Department of Internal Affairs, which has increased with the adoption of the "Concept of the development of the penal system of the Russian Federation for the period up to 2030", aimed at the development and optimization of the system of criminal penalties without deprivation of liberty. Special attention should be paid to the specifics of the organization of the legal support of the functions of the Penitentiary System and the Department of Internal Affairs for the control (supervision) of convicts without isolation from society, which manifests itself at many stages of the implementation of the execution of punishments provided for by the norms of criminal legislation. These include the organization of operational investigative activities, monitoring of persons serving house arrest and restriction of freedom using electronic means of tracking, searching for convicts who evade serving sentences, measures aimed at suppressing and eliminating illegal actions in places of joint deployment (disobedience, strikes, mass riots, armed conflicts, etc.). This suggests that the interaction of the UIS and the ATS is systemic in nature and determines the need for this study. At the same time, special attention should be paid to the scientific and technical development and digital transformation of the interacting services and departments of the Criminal Justice System and the Department of Internal Affairs for monitoring convicts, including the creation and development of a probation system [3].

Hypothesis and novelty of the study.

The widespread use of digital information and telecommunication technologies (ITK) involves the mass transfer to digital media of arrays of heterogeneous data and documents used in law enforcement. To this end, electronic records, registries and databases are being created, government services and human authentication systems are being optimized in them, e-commerce and Internet banking are developing. Information services and new forms of communication of state bodies are being actively introduced in public administration. Government authorities have significantly approached the model of the digital economy. Law enforcement agencies are also taking the first steps in this direction. The use of digital ITK technologies opens up broad prospects for combating crime and improving social technologies in the organization of joint law enforcement activities.

The novelty of the study is determined by the cardinal changes in the existing model of interaction between the UIS and the ATS, caused by the introduction of digital information, telecommunications and social technologies into the management system of the studied bodies for the organization of joint control over registered persons, which allows us to show the possibilities of digital interaction in terms of communication and dependence between the state of the number of offenses on the part of convicts (influence on the state of public order) and services (divisions) UIS and ATS, their internal and interdepartmental self-organization (results of joint activities).

The significance and features of social technologies of digital interaction in the law enforcement activities of the UIS and ATS.

The time when public order was ensured only through the action of traditional institutions and norms is a thing of the past. Improving the mechanisms of social integration requires purposeful efforts to construct and maintain public order, which has increasingly become perceived as a subject of art and knowledge of modern technologies. This allowed the concept of "technology", which originally arose in the field of natural science, as the science of the most rational ways of influencing natural materials with the help of technology, to be transformed into the sphere of social knowledge. The importance of social technologies is expressed in the constant enrichment of social experience, the introduction of effective patterns of activity, increasing the baggage of knowledge, skill, strategies, repeated use of algorithms for solving typical social problems. This makes socio-technological issues relevant for various spheres of social activity, including the sphere of law enforcement, as an archived subsystem of social management.

It is well known that law enforcement agencies in the public administration system continue to be the most important subjects of social management. In this regard, within the framework of the topic under study, the issues of socio-technological and digital support of the activities of the Criminal Justice System and the Department of Internal Affairs for the prevention of crimes and other offenses by convicts without deprivation of liberty are currently being solved by organizing information and analytical work in the services and divisions. This direction makes it possible to determine the target prospects for joint activities, analyze, monitor the implementation of tasks and coordinate actions to prevent repeated crimes by controlled persons.

The organization of information and analytical work is aimed at improving the functions of the department for the transformation of social facilities that are within the competence of the law enforcement activities of the UIS and the ATS. On the one hand, this contributes to increasing the importance of the sociology of management, which allows for a fairly complete, holistic description and diagnosis of the objects of managerial influence (services and divisions of the UIS and ATS and controlled persons), their sociological representation, identification of essential characteristics and target prospects for the development of the studied law enforcement agencies. The tasks of information and analytical interaction are: determining the types and volumes of information, forms of presentation and timing of receipt; information processing and distribution among the participants of interaction; information storage, timely search and issuance at the request of the parties. On the other hand, the sociological analysis of the joint law enforcement activities of the Criminal Investigation Department and the Department of Internal Affairs allows us to regard as absolutely sufficient knowledge and grounds for studying the personality of the convicted person and identifying the reasons for committing a crime in each specific case, classifying offenders and identifying persons from whose behavior and lifestyle it can be concluded that they are clearly unwilling to comply with the conditions and procedure for serving a sentence, and also give a forecast of possible criminal behavior.

The solution of these socio-criminological problems requires mutually dependent, complex scientific and organizational and managerial efforts. We are talking about the need for further research of social technologies of digital interaction, which allow us to comprehensively consider the social, legal, economic, psychological and integrated capabilities of the UIS and ATS in the organization of law enforcement activities to prevent offenses by those sentenced to criminal penalties without isolation from society.

Currently, the development and operation of statistical reporting forms of the Federal Penitentiary Service of Russia is carried out under the program "Automated information system for electronic processing of statistical information "Statistics of UIS", which allows you to make informed decisions to improve the quality of joint law enforcement preventive work with the Department of Internal Affairs. The peculiarity of working with controlled persons is the fact that, despite the crime committed, they remain in their usual environment (society). They are often exposed to criminal influence not only from former convicts and criminal "authorities", but also from persons dissatisfied with the state of the standard of living in society(low income, unemployment, lack of social guarantees, restrictions during the pandemic, etc.). In these conditions, an important task is to study the personality of the convicted person and identify the causes of the crime, classify them according to the severity of the offenses committed and establish motivation for the desire (or unwillingness) to comply with the conditions and procedure for serving a sentence, as well as the implementation of prediction of possible criminal behavior.

In this regard, social technologies of digital interaction guarantee not only obtaining the specified properties and qualities in social objects, but also allow organizing and ordering managerial influence in accordance with the purpose and logic of the development of the objects of influence themselves. Social facilities include facilities that provide the population of the country with basic needs (nutrition, education, health, security from various types of threats (external and internal), etc.) and functioning to fulfill these tasks. These objects include the bodies of the UIS and the Department of Internal Affairs, providing control over the registered persons. The advantages of social technologies are that they give a holistic view of the subject of research, and therefore of the ways of managerial influences on it. Hence the relevance in the further development of the theory and methodology of digital interaction and the introduction of social technologies in law enforcement, as ways to study the multifaceted nature of social dynamics, choosing the most optimal methods and means of influencing social objects.

In addition, within the framework of information and analytical support for digital interaction and for the purpose of preventive impact on controlled persons, special attention is drawn to the lack of information about education, work qualifications and the presence of an outstanding criminal record.

The relevance of the value approach in the organization of digital interaction is due to the effectiveness of the management activities of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia, which today can no longer be regarded only from the point of view of finding the cheapest, shortest and rational way to solve a particular social problem. It should be commensurate with the fundamental social criteria, standards, indicators (needs, interests, social resources). For example, the organization of interdepartmental information exchange begins when, on the day of registration of the convicted person, the UII sends a message to the Department of Internal Affairs at the place of registration of the person. Then, in order to prevent and reduce the level of repeated criminality on the part of controlled persons, a forecast of the assessment of the behavior of the convicted person according to the "Portrait" method should be made. Persons prone to commit new crimes are included in the risk group, and the relevant information is additionally sent to the territorial ATS. In relation to minors, interaction is carried out with the IDN, as well as with the municipal guardianship and guardianship authorities. Important in the process of interaction on crime prevention is the study of the psychological characteristics of controlled persons. Most of them have an average level of intellectual and cultural development, have low self-control and a tendency to antisocial behavior. They are very aggressive and immediate excitement leads to a lack of anxiety and fear of potential punishment. It is important to have information about the socio-demographic characteristics of these persons. More than 80% of all repeated crimes were committed by males aged 24-38 years, not married, mostly not engaged in socially useful activities. Of particular concern is the fact that 25% of all repeated crimes were committed within less than a month after registration with the territorial bodies of the Criminal Investigation Department and the Department of Internal Affairs [1].

It should be assumed that this situation is complicated by the state of the level and quality of life of the population, the increase in prices for essential goods, the lack of labor resources, the deterioration of demographic processes, the possibility of obtaining free education and medical care, the aggravation of almost all spheres of human activity during the "pandemic", including national-ethnic and interregional conflicts, the growth of crime and violence. 

In the current situation, there is a need to improve the mechanism of joint activities through the introduction of social technologies of digital interaction at the stage of organizing information and analytical work of the services and divisions of the UIS and ATS. Currently, the information exchange containing proposals on the causes and conditions that contribute to the commission of a crime by controlled persons is no more than 30%. Basically, information and analytical materials are of a formal nature, prepared for unsubscription, having no grounds for taking operational measures of influence (28.6%) [4, pp.76-77].

In this regard, in order to improve information exchange and timely adoption of operational measures of influence, it is necessary for the SUUP, after receiving a message about the need to place a convicted person on preventive registration, to inform the UII about the lifestyle of convicts at their place of residence in a timely manner through communication channels. The disadvantages of information support on the prevention of illegal acts should include the lack of orders and plans for the interaction of the UIS and the Department of Internal Affairs at the regional and municipal level. Untimely informing about offenses committed by convicts, non-fulfillment of duties and restrictions imposed by the court, lack of practice of conducting joint inspections to monitor the behavior of convicts, including minors, examination of their family and living conditions, negatively affects the state of joint preventive work.

In practice, in order to improve and ensure information and analytical interaction, a number of measures have been taken aimed at setting deadlines for the provision of information to the Department of Internal Affairs about the facts of bringing to administrative responsibility registered convicts [5]. Also, Federal Law No. 435-FZ of December 28, 2013 [6] amended the Rules of Interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia on the need to inform the units of the Criminal Investigation Department about the behavior of juvenile convicts. However, these measures turned out to be insufficient and in fact do not determine the procedure, scope and timing of providing information about controlled persons, the organization of the execution (non-fulfillment) of the duties and restrictions imposed by the court. The effectiveness of the application of joint preventive measures on convicted offenders has been reduced to zero.

Currently, there is an urgent need to introduce social technologies of digital interaction. The first steps in addressing issues of improving the effectiveness of information cooperation were the signing of protocols on information interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia, carried out electronically on crimes and administrative offenses committed by registered persons [7, pp.3-14].

In addition, the development of digital document management technologies is important for the organization of interaction and effective application of preventive measures of influence on the registered persons. Currently, the UII units send lists of persons in electronic form to the IC of the Ministry of Internal Affairs of Russia in the constituent entities of the Federation, in order to work out all information on the facts of bringing to responsibility for them. After receiving the necessary information, together with the UUP service and other departments of the Department of Internal Affairs, preventive measures are carried out, the results of which are attached to the personal files of convicts formed in electronic form.

The functioning Service of ensuring the protection of public order allows you to record offenses committed by citizens anywhere in the country in real time. From the moment of registration of the offense and registration of the protocol, the necessary information is received by law enforcement agencies to take appropriate measures. First of all, the Service is designed to improve the efficiency of the activities of the departments of Internal Affairs for the prevention of offenses, ensuring the protection of public order and public safety, while the main task is to automate the process of organizing operational and official activities of law enforcement agencies [8].

Federal Law No. 102-FZ of May 28, 2017 defines the procedure for holding working meetings between the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia on the organization of mutual exchange of information in electronic form about persons subject to administrative supervision [9]. The provisions of the law are aimed at changing the situation in information exchange in order to minimize the timing of providing information and increase the prevention of recidivism. These norms may also be applicable when organizing preventive work with controlled persons with the possibility of obtaining online access to information on bringing registered persons to administrative responsibility throughout the territory of the Russian Federation.

Within the framework of improving information support for controlled persons and improving law enforcement through the introduction of digital technologies of UIS and ATS, it should be noted the development of the federal state information system for electronic monitoring of controlled persons (FGIS SAMPLE). It will make it possible to identify new vectors of development in the field of the application of punishments not related to isolation from society, to realize the technological capabilities of remote monitoring and supervision of convicts and their fulfillment of prescribed restrictions by individual identification and location control in designated places [10, pp.132-138].

An important role in information interaction is played by the portal of technical support "Justice", which provides free information about judicial proceedings in Russia, providing information integration of judicial activities in Russia. This makes it possible to shorten the time for the receipt of court decisions in the Penitentiary System and the Department of Internal Affairs and thereby ensure the possibility of carrying out initial investigative measures and searching for convicts who have been sentenced without imprisonment and evading serving their sentence.

The activities of the penal enforcement agencies and the police in the execution of criminal penalties without isolation from society are multifaceted and diverse. It covers various spheres of public and social life. One of the central places in it is occupied by the tasks of ensuring legality, security and law and order, protecting the rights and freedoms of citizens who are close to those who committed a crime but remained free, creating an atmosphere of tolerance and tolerance, protecting the rights and legitimate interests of state and non-state organizations, labor collectives and public associations.

On the theory of the digital state and the mechanism of digital interaction.

The actively developing theory of the digital state gives special relevance to social technologies in the system of public administration and law enforcement. Within the framework of this theory, the state and society are considered as a set of humanitarian and digital networks - horizontal social groups self-organizing on the basis of information technology communications (without formal membership and subordination). Such humanitarian-digital networks are formed around common values and interests, have stable social ties, and are characterized by high internal loyalty and solidarity.

The introduction of digital technologies into the activities of public authorities and management took place at the beginning of the new millennium, however, society was not ready for this. Currently, for the first time, the theoretical foundations of building a digital state, governance, economy and society are being developed taking into account international experience. Digital organizations are an effective alternative to traditional vertically subordinated (hierarchical) network structures, which are characterized by increased social flexibility and adaptability. An extensive review of the practice of using digital technologies can be successfully used to control and supervise probationers, parolees and persons subject to administrative supervision, convicts who have been sentenced by the court without isolation from society. Against this background, the problem of conscious, purposeful changes in the forms of social life, strengthening control over the elements of the social environment and their management became more and more urgent.

Taking into account the modern process of formation of social institutions and mechanisms of influence on socio-economic and political phenomena, it becomes obvious that the UIS and ATS, their law enforcement and law enforcement functions should be adapted to new economic, political, legal and social conditions and take response measures adequate to modern threats. Recently, a lot of work has been directed at the implementation by law enforcement agencies of measures to counter information threats to society in social networks [16, pp.55-61].In this regard, it is necessary to develop digital control mechanisms in law enforcement in order to counteract dangerous manifestations on the part of registered persons.

Using the knowledge of the theory and practice of management, we can talk about interaction as an independent category, which contains a set of individual elements: principles, methods, functions and other components of management. Their regulated and sustained sequence in functional and structural terms represents a qualitatively integrated combination, reflecting a kind of managerial aspect called the mechanism of interaction, with the help of which the managerial goal is effectively achieved and managerial tasks are implemented [11, pp.91-92].

Without dwelling on the semantic load of the term "mechanism", which is very ambiguous in the literature, we only note that the concept of mechanism is used in most cases to characterize the functioning of a certain human activity as a systemic whole. It records the most general and essential features, the relationship between needs and specific activities to meet them, i.e. achieving a certain result from this type of activity. However, this does not mean that it is fundamentally impossible to develop a scientific definition of the concept of "mechanism of digital interaction" in relation to the activities of the police and ATS within the framework of their implementation on behalf of the state of control management functions in the field of execution of criminal penalties and ensuring public order.

Digital interaction as a materialized substance of a high-tech order is communication through digital communication channels (smartphones, computers, tablets, television, radio, digital screens, electronic resources, QR codes, etc.) and integration of the efforts of the subjects of the network community, acting as a kind of centralization of resources according to a digital model and serves as the basis for mutual benefit and utility of social partnerships. It is characterized by the formation of special relations between the participants associated with the emergence of numerous social ties, formal and informal contacts.

We consider digital interaction between penal enforcement agencies and the police as a variant of law enforcement integrated cooperation for the prevention of offenses by those sentenced to criminal penalties without isolation from society, which preserves its essence and basic parameters:

- it is based on joint activities for the control and supervision of registered persons;

- there is a direct or indirect impact of the subjects of this process on each other, generating their mutual connection;

- the ability to directly or indirectly influence each other in organizing the prevention, suppression and disclosure of crimes and to make real transformations in the emotional, volitional and personal sphere;

- determines the mutual transformation of its participants on the principles of trust and creativity, parity and cooperation;

- takes into account the personal characteristics of interacting subjects, ensures the development of socio-legal skills;

- promotes the establishment of relationships, support, trust, etc.

Digital interaction strategies.

Two strategies stand out in the interaction: cooperation and competition. Cooperation, or cooperative interaction, presupposes the feasible contribution of each participant to the solution of a common task. The means of uniting people here are the relationships that arise in the course of joint activities. An important indicator of the "closeness" of cooperative interaction is the degree of involvement of all participants in the process, which is determined by the amount of contributions made by them.

As for competition, its characteristic is the struggle for priority, which manifests itself in the most vivid form in the conflict. The idea that every conflict necessarily has a negative meaning is refuted today in a number of special studies.

These interaction strategies are characteristic of the digital interaction of the UIS and ATS and determine the processes of its development and modeling. Based on the territorial and subject affiliation of the penitentiary bodies and the police, there are models of interaction at the level of the federation (federal), federal districts (district), federal subjects (regional) and territorial-object (local, municipal). The most significant of them are the regional penitentiary and police authorities and at the municipal level.

Participation in the digital interaction of penal enforcement agencies and the police is expected to improve the quality of comprehensive preventive measures and the prevention of repeated crime on the part of registered persons, since the main characteristics of digital communication channels differ in more sociable content. Based on this, digital interaction is aimed at ensuring:

- effective conduct of operational search and preventive measures against persons evading serving sentences, as well as the disclosure of crimes committed by them;

- obtaining reliable and up-to-date information about the behavior of controlled persons and committed administrative offenses;

- joint activities aimed at preventing repeated offenses and crimes of convicted persons;

- assistance in establishing the location of convicts who have escaped from control and supervision;

- information about the statement (change of residence), removal from the register of convicts indicating the place of residence, place of registration, obligations under the court verdict, assignment of additional duties, extension of probation, etc.

- control over compliance with the requirements of court sentences in respect of persons sentenced to a ban on holding certain positions or engaging in certain activities in terms of changing the sentence, taking measures to withdraw a driver's license, etc.

- organization of timely requests for convicts, against whom criminal cases have been initiated, which allows during the preliminary investigation and inquiry to investigate the identity of the accused and enter the relevant data into the electronic file of the IC;

- information regarding the accused who do not have a permanent place of residence, in order to establish addresses of possible residence.

Modeling of digital interaction.

Digital interaction is associated with awareness and acceptance of the differences between the penitentiary authorities and the police, the ability to use these differences, especially when it comes to organizing investigative and preventive measures. For digital interaction in this case, it becomes important to create a data bank for designing multidimensional information models of various groups and communities, based on the motivation of lawful (non-criminal) and unlawful (criminal) behavior of controlled persons.

A number of innovative moments arise in the practice of developing digital interaction. Firstly, there was a need to move from competitive thinking, based on the principle of "won-lost", to a new thinking of partnership, based on which "won-won". Such a transition is not immediately realized and takes a long time, since the advantages of digital interaction manifest themselves over time. Secondly, the ways in which participants in digital interaction interact, the value-semantic content of various types of activities of the penitentiary authorities and the police are undergoing changes. Much attention is beginning to be paid to such a phenomenon as the organizational and legal culture of activity that regulates the behavior of participants in joint activities. The dependence on the style and content of management, the organizational structure of digital interaction is established. In this regard, the formation of organizational and legal culture is becoming one of the substantive aspects of the activities of not only the heads of the UIS and ATS, but also the entire personnel of the units.

Consequently, the digital interaction of penal enforcement agencies and the police is a special kind of activity in the social partnership system, providing high-tech integration of the efforts of law enforcement cooperation entities (integrated cooperation) aimed at timely exchange of information in order to prevent offenses and crimes by controlled persons.

One of the mechanisms of preventive and preventive work is the joint use of common databases of digital information of the UIS and ATS. Integration of various source data containing personal criminological data, criminalistic characteristics of committed crimes, as well as significant and additional information about criminal social ties of controlled persons and their alleged accomplices, will allow the penitentiary authorities and the police to form an information database on crimes being prepared, criminal groups and information models of criminal ties. This will allow you to get new information about people's behavior, their relationships, which cannot be detected with other methods of analysis. At the same time, the effective use of such an approach should be based on the criminalization of the social ties of the participants of criminal formations.

In this regard, Federal Laws No. 374-FZ of July 6, 2016 [12] and No. 375-FZ [13] significantly expand the powers of the penitentiary authorities and the police, approving new requirements for telecom operators, freight forwarders, for the organization of postal communications, as well as additionally regulating religious and missionary activities. For example, when countering terrorism, extremism and other socially dangerous and criminal manifestations, the urgency of obtaining information about the social connections of intruders plays a crucial role, which is why it is impossible to do without the data contained in information, telecommunications and social networks.

In 2016, it was proposed to use a single population register in Russia, and to number each citizen with a unique unchangeable 12-bit personal "id" code that will become the basis for the planned creation of a single database ("superbase") of information about the population (including citizens subject to the control of law enforcement agencies, temporarily staying and temporarily residing in the Russian Federation). The "superbase" on the basis of data on acts of civil status will necessarily include various identifiers (TIN, SNILS, details of various documents), it is also allowed to include in the "superbase" related information (about the place of work / study, criminal record, military duty, etc.) [14, p.2].

According to B.A.Toropov and Z.I. Tagirov, the creation of such data arrays can lay the foundations only for modeling criminal-terrorist social ties [15, pp.77-89; 17, pp.121-123]In our opinion, the initial data for the establishment of socio-criminal ties and the formation of multilevel information models should be any objects of information on the basis of which informal communication takes place (kinship, friendship, fraternity, religious community, political views, joint educational, professional or leisure activities, loyalty to sports clubs, social values, intimate relationships etc.). Some of these signs should be contained in the census forms.

Thus, due to the mechanism of digital interaction, the penitentiary and police authorities are given the opportunity to receive a more diverse range of information and build an individual mathematical model (trajectory) for the development of joint activities based on their own needs and interests [18, pp.36-46]. Exchange of experience and competition of the studied bodies included in the digital network, contributes to improving the quality of preventive measures of influence on controlled persons. The mechanism of digital interaction between the UIS and the ATS is a special procedure of joint law enforcement integrated cooperation, which allows you to distribute joint digital resources when solving a common task, relying on the initiative of each individual participant in joint activities. Integral cooperation allows participants to make direct contact with each other, to build diverse possible paths of movement with a common external goal and to use the digital resource of the law enforcement network for the needs of each individual participant.

The main purpose of the digital interaction mechanism is to ensure the management process, to bring the management mechanism of the UIS and ATS into a more efficient functioning state. Through the mechanism of digital interaction in the management process of the penitentiary bodies and the police, the implementation of the set goal of ensuring the protection of public order and security is achieved. At the same time, the mechanism itself exists and functions completely independently and independently of the management process, although there is a qualitative functional and structural relationship between these categories. The mechanism of digital interaction as a set of information and management tools carried out to achieve a specific goal contributes to the movement of the management process.

Digital interaction is objectively embedded in any social system, including the law enforcement sphere, and manifests itself as a kind of pattern, to know it and use it in the interests of the system for the successful achievement of its goals. In our opinion, the mechanism of digital interaction can be considered in the context of information technology support, contributing to the development of all elements of the public administration system. Modern digital interaction can be considered as a necessary condition, as a means of solving the tasks assigned to all state and social management bodies and as business cooperation.

 

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First Peer Review

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The article is devoted to the study of the peculiarities of the influence of digital technologies on the organization and implementation of interaction (cooperation) between the bodies of the Ministry of Internal Affairs and the Federal Penitentiary Service. To a certain (insignificant extent), attention is paid to the problems of subjects of regulated legal relations – persons sentenced to criminal penalties without isolation from society. In this regard, it seems advisable to correct the title of the article. Research methodology The article uses analysis, generalization, method of abstraction, methods of induction, deduction, modeling, descriptive, statistical methods. Relevance The topic as a whole is relevant due to the need to conduct research on the impact of digital technologies on the organization and implementation of interaction (cooperation) between the bodies of the Ministry of Internal Affairs and the Federal Penitentiary Service. In the same vein, the analysis of the achieved practical results, including errors and shortcomings, is relevant. Scientific novelty The scientific novelty in the article is fragmentary in the form of its own author's judgments regarding the issues related to the introduction of information and communication (digital) technologies into the activities of the Ministry of Internal Affairs and the Federal Penitentiary Service, including from the perspective of the peculiarities of the criminal status of persons sentenced to criminal penalties without isolation from society. At the same time, the author's desire to emphasize the features of the studied phenomena, their significance for scientific analysis, and the systematic construction of the methodological apparatus (within the above-mentioned limits) should be positively noted. In addition, the author inserts his own remarks almost everywhere, willingly gives estimates. The style of the article meets the requirements for legal publications. The structure of the article is generally consistent. At the same time, I would like to recommend the author to isolate the category of persons considered in the article, since the focus should still be on this aspect in conjunction with relevant and promising forms of interaction between the Ministry of Internal Affairs and the Federal Penitentiary Service in terms of prevention. In addition, the transition from the topic of social technologies of digital interaction and their guarantees to the main causes of recurrent crime is not completely rational in structural terms (there is no smooth development of the logical line). In terms of content, the following should be noted: 1. It is unclear what the author means by the concept of "social object"? 2. What is a "negative attitude towards civil law relations"? 3. In no way can we immediately agree with the thesis about the cause-and-effect relationships between the increase in criminalization parameters and the liberalization of criminal legislation (it needs to be justified). We are talking about the following paragraph: "This provision allows us to assert that the state of society is characterized by a dangerous criminogenic composition of controlled persons. There is an objective need to develop a set of government measures aimed at overcoming this crisis in which modern Russian society finds itself as a result of the liberalization of criminal legislation." 4. The requirements for the definition of the classification approach in correlations in the phrase are not met: "The demand for a value-based approach in the organization of digital interaction is due to the effectiveness of the management activities of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia, which today can no longer be regarded only from the point of view of finding the cheapest, shortest and most rational way to solve a particular social problem." The point is that cheap, short and rational characteristics overlap and absorb each other. For example, a cheap one may be short-lived and irrational. Equally rational does not necessarily have to be cheap, etc. In addition, it is unclear why the author negatively shades the "cheap, short" and most importantly the "rational"(!) way. After all, rationality reflects the most optimal model. The bibliography is not enough. There is no appeal block. The article is descriptive and analytical. Conclusions, the interest of the readership The article reflects the current trends in the introduction of digital technologies into the public administration system, primarily within the framework of the activities of the Ministry of Internal Affairs and the Federal Penitentiary Service. The material is generally well developed, the author has a good command of legal vocabulary, meets modern relevant requirements for the subject of ongoing scientific research. On this basis, I believe that the material can be recommended for publication after minor revision.

Second Peer Review

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The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Social management technologies in the development of digital interaction between penal enforcement agencies and the police to prevent offenses by persons sentenced to criminal penalties without isolation from society." The subject of the study. The article proposed for review is devoted to topical issues of the use of social management technologies in the development of digital interaction between penal enforcement agencies and the police to prevent offenses by persons sentenced to criminal penalties without isolation from society. The author identifies the importance and approaches to the use of such technologies, taking into account modern scientific achievements and the digitalization of society as a whole. The subject of the study was, first of all, the materials of practice, as well as the opinions of scientists. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of the use of social management technologies in the development of digital interaction between penal enforcement agencies and the police to prevent offenses by persons sentenced to criminal penalties without isolation from society. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the doctrinal literature. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of criminal procedure legislation). Thus, the author points out that "Federal Law No. 102-FZ of May 28, 2017 defines the procedure for holding working meetings between the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia on the organization of mutual exchange of information in electronic form about persons subject to administrative supervision [9]. The provisions of the law are aimed at changing the situation in information exchange in order to minimize the time required to provide information and increase the prevention of recidivism. These norms may also be applicable when organizing preventive work with controlled persons with the possibility of obtaining online access to information on bringing registered persons to administrative responsibility throughout the territory of the Russian Federation." The author's active use of empirical data should also be welcomed, which from a practical point of view helped to solve certain problems related to the study. For example, the following statistics were used: "The structure and dynamics of crime have fundamentally changed. Crime has largely become organized (up to 10-15% of identified crimes with the qualifying sign "committed by an organized group" increased tenfold); daring (serious and especially serious crimes account for 30%), in 2020, compared with 2015, the number of murders and attempted murders increased by 2.2%, and facts by 4.4% intentional infliction of serious harm to health; mobile network (up to 25% of crimes are committed using digital telecommunications technologies)." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. The author is right that "The fundamental transformations carried out in society and the state have fundamentally changed the nature of public relations, their structure, dynamics, forms that require an appropriate security system and crime prevention. In modern conditions, the problems of organizing the interaction of the UIS and the Department of Internal Affairs, which are designed to protect social facilities from negative forces and processes occurring within Russian society, have become especially relevant both theoretically and practically." It seems that scientifically based recommendations in the proposed area will help to improve the practice of working in the field of law enforcement cooperation on the suppression and prevention of crimes. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "Digital interaction is objectively embedded in any social system, including the law enforcement sphere, and manifests itself as a kind of pattern, to know it and use it in the interests of the system to successfully achieve its goals. In our opinion, the mechanism of digital interaction can be considered in the context of information technology support, which contributes to the development of all elements of the public administration system. Modern digital interaction can be considered as a necessary condition, as a means of solving the tasks assigned to all state and social management bodies and as business cooperation." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the practice of law enforcement cooperation in the detection, suppression and prevention of crimes. The above conclusions may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to legal issues of interaction between law enforcement agencies of the Russian Federation. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Khorosheva A.V., Mironov R.G., Kryuchkova E., Toropov B.A., Tagirov Z.I., Prokopenko A.N., Savotchenko S.E., Starostenko I.N. and others). I would like to note the use by the author of a large number of practice materials, empirical data, and normative legal acts, which made it possible to give the study a law enforcement orientation. Thus, in general, the works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issues of improving international legal regulation of relations in the field of information security. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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