Taubaev Baurzhan Ryspekovich

Doctor PhD, associate professor of criminal and legal disciplines

Zhetysu State university named after Ilyas Zhansugurov

Muratova Alua Zhaslanqyzy

master of 2 course of Law faculty

Al-Farabi Kazakh National University

Safety in places of detention

Annotation. In article are analyses definitions of the concept "safety" and approaches to its providing and considered the safety problem in places of detention. Also are studied security measures of employees, citizens and convicts. The logical sequence of categories (formula) allowing to formulate a concept is presented “safety of penal correction system”.

Keywords: safety, crime, correctional facility, penal correction system.

In the last decade the penal correction system endures deep crisis, stagnation, crash still of the existing Soviet model of execution of punishments. Today, considering rise in crime, danger of terrorist, extremist, separatist and other threats, armed conflicts by the state is not undertaken adequate measures for fight against these manifestations.

State machinery cannot ensure full-fledged safety to each her citizen from any of possible threats. In this case in penal correction systems institutions.

Safety in penal correction systems institutions is assigned to personnel of establishment. In a due measure safety of employees, citizens and convicts not to be made. Inviolability of these categories of citizens from criminal encroachments is provided only with the law.

Proceeding from the aforesaid, it would be desirable to add what in present conditions, namely in the conditions of implementation of provisions of the Concept of development of penal correction system and in the conditions of reduction of the number of staff of divisions of penal correction system is not attached to significance of the fact that safety has to be provided not only the legislative base, and quite real power base. At this stage of development of penal correction system, the government in the person of the president considered that penal correction system has rather large number and can cope with objectives more smaller number.

This measure would be adequate if the number of the employees involved directly for implementation of supervision and protection for convicts is valid, was really overestimated. And in reality we have a large number of divisions of providing, and we also have a huge number of the certified staff of auxiliary divisions. In the progressive countries of the West where eyes of a government cohort are turned, the certified personnel are available in a small amount and are involved in direct control of convicts, support functions are assigned to civil personnel.

Without departing from an essence of told, it would be desirable to explain as all this is connected with safety in penal correction system. Laying off number of employees, the state has to expand their rights and create conditions that the employee in this case of department of safety was unique unit capable independently to solve the tasks set for it, based on the resources which are available for it, in addition, the state has to provide to the employee the worthy existence which is expressed in the solution of its social problems as now employees being at work often more think of the solution of the social problems which rather strongly influence working mood.

Also the state has to think over a question on fight against a corruption component which literally through penetrates today everything in our country. Often the heads of divisions entering not office communications with representatives of criminal circles do not allow to carry out fully daily tasks the subordinate and by that weaken detention regime in institutions, let know the convict that the administration of correctional facility is completely deprived of civil rights and does not represent threat and it is possible to ignore legal requirements and not to fulfill the established duties.

The employee has to have under himself powerful arguments of the belonging to the power as the representative of law enforcement agency. Today all arms of the security department specialist to come down to presence at it: sticks rubber, barrel of tear gas, bracelets steel, radio stations. And now present a duty shift of corrective labor colony in number of 8-12 people on 1600 convicts. Whether corresponds power a component to such ratio of number of convicts and employees. Naturally not. Also add to all this remoteness of objects from each other, the extent of perimeter and the area of institution and the most important that all mass of convicts is not divided on cameras and to be at 10-13 premises. Proceeding from it it is possible to declare safely that the duty shift is suicide bombers as it is never necessary to forget that to contain in establishment not children of preschool age, and the condemned committed serious crimes and especially heavy.

Adequate measures for safety will be:

1. Increase in number of personnel of supervision in correctional facilities;

2. Construction of prisons with a modern security system and separate accommodation of convicts on cameras (in this case it is better to rely on experience of the USA);

3. Revision of arms of staff of departments of safety (it is also necessary to look at the USA);

4. Better training of personnel of supervision in particular improvement of selection of the candidates for service who surely had training in military units of the army connections having the corresponding health, psychological preparation.

5. To resolve issues with corruption, it is impossible to fight crime when it bribes your fighters;

6. Decision social question of employees. In this case it is necessary to make so that the employee in the head held a thought that it is necessary to work at work.

Problem of safety of a penal correction system – one of the most important components of the criminal and executive theory and practice. With the accounting of its diverse internal and external relations it has to lie in to basis of the reform which is carried out in the Republic of Kazakhstan criminal executive system.

Safety of a penal correction system, unfortunately, has no adequate standard and legal fixing. In the law are available only instructions on need of safety of personnel, convicts and other citizens. Therefore in the theory of the criminal and executive right it is fairly specified an insufficient readiness of this problem.

Summing up the result, one may say, that safety is objective condition of security of the vital rights and legitimate interests persons from criminal encroachments or threat of such encroachments, penitentiary generated by specific criminogenic factors institutions.

References:

1. Kalina E.S. Concept of safety and right for safety as one of laws of persons//Scientific works. Russian academy of jurisprudence. Release 4: In 3 t. T. 1. M.: Publishing Lawyer group, 2004. 359-361 pages.

2. Kiryanov A. Yu. General characteristic of the concept "safety". Approaches to definition and types//Safety of business. 2010. No. 1. [Electronic resource]. Access from the legal-reference system "Consultant Plus".

3. Gromov M.A.Providing an order and safety in correctional facilities: Studies. grant. Ryazan, 2000. - 123 pages.

4. Bakhtin A. Organization and implementation of supervision of convicts//Sheets of a penal correction system. 2002. - No. 5. - 12-15 pages.

5. Kalinin Yu. I. Russian penal system: last, real, future//Crime and punishment. 2003. - No. 1.