PREVENTION, DEFENSE AND DETENTION PROTECTION IN THE PREVENTION MECHANISM FOR CRIMINAL EXEMPTIONS BY APPLICATION OF POWER TO THE PROTECTED

Abstract

The article clarifies the essence and content of activities related to the prevention of the elimination and prevention of crimes committed by the personnel of the penal institutions in connection with the use of physical force, special means and weapons to the convicts deprived of their liberty, as well as scientifically substantiated measures concerning eliminating existing problems in practice.

In accordance with the requirements of Art. 106 of the Criminal-Executive Code (hereinafter referred to as CRC) of Ukraine, in cases determined by law, the staff of the penal institutions (PRs) have the right to use the measures of physical influence, special means and weapons to the convicts deprived of their liberty. At the same time, as practice shows, such actions are not always legal in nature, and therefore often lead to socially dangerous consequences, namely, the excess of authority or official authority, torture, official negligence, etc., which are established by the law on criminal liability in Ukraine as crimes So, only in 2017, the share of such socially dangerous and criminal acts committed by the staff of the Department of Human Resource Development, in their overall structure reached almost 8%.

Consequently, there is a complex application problem that is to be solved on a theoretical level, taking into account the fact that the level of activity on ensuring these crimes on the part of the staff of the PI remains low. Particularly important in this context is the elucidation of the essence and content of the so-called prevention of removal, protection and diversion, the main purpose of which is to eliminate the socially dangerous consequences of the criminal activity of the abovementioned subjects and neutralize the determinants that caused and predetermined the commission of crimes by the personnel of the PI.

It is these circumstances that have become decisive in choosing the topic of this scientific article, as well as determining its main task - the development of scientifically grounded measures to improve the legal mechanism and the practice of preventing the elimination, protection and prevention of crimes related to the use of force against convicts.