Normative Regulation of Activities of Operational Units of the
Penitentiary System (Historical Aspect)
Nikolai Viktorovich Rumyantsev
1a
and Aleksey Vyacheslavovich Agarkov
2b
1
FKU of Scientific Research Institute FSIN of Russia, NITs-3, Moscow, Russia
2
Vladimir legal institute FSIN of Russia, of department of investigation and search operations, Vladimir, Russia
Keywords: Operational and investigative activities, operational units, tasks, history, normative regulation, penitentiary
system.
Abstract: Introduction: operational units of the penitentiary system have accumulated extensive experience that can be
applied in modern conditions. Purpose: to trace the genesis of their normative regulation, structural
construction, on the basis of which to draw conclusions on the efficiency and prospects of their functioning.
Materials and methods: generalization of archival materials, works of a number of scientists, parallels with
the modern regulatory framework of activities of operational units using the historical and legal method.
Results: the system of operational units of the penitentiary system of the USSR was regulated exclusively by
departmental regulations of a closed nature, and their tasks changed depending on the situation in places of
deprivation of liberty. Some of them are included in Article 84 of the Criminal Executive Code of the Russian
Federation. In addition, having started their activities in difficult conditions, operational units managed to
achieve full manageability of places of detention by the 70s of the twentieth century. Conclusions:
operational-search activity in places of deprivation of liberty is necessary and historically conditioned, and its
normative regulation at various stages of development requires deep study and use in the work of modern
operational units of the Russian penal system.
1 INTRODUCTION
Currently, scientific and not only scientific interest is
aroused by questions related to the history of the
activities of various operational units. Aspects that
previously belonged exclusively to closed
information and were not available to a wide range of
researchers are of particular interest. We do not
pursue the task of establishing the "historical truth",
because in this matter we share the position of
Professor P. A. Astafichev, who believes that
"historical truth" is only the goal of an objective and
conscientious researcher, the achievement of which in
the strict sense of the word is generally unattainable
(P. A. Astafichev, 2020). At the same time, it seems
to us that the regularities of the development of legal
regulation of operational work that is carried out in
the penal system are currently of interest and can
contribute to solving the main task of all law
a
https://orcid.org/0000-0000-0000-0000
b
https://orcid.org/0000-0000-0000-0000
enforcement activities improving the effectiveness
of the fight against crime.
2 MATERIALS AND METHODS
In this regard, we will attempt, based on the study and
generalization of archival materials, the works of a
number of scientists who develop problems of the
history of operational investigative activities, the
analysis of the regulatory framework of activities of
operational units in the period of 1945-1981, and
using primarily historical and legal and comparative
analytical methods, to trace the genesis of legal
regulation of operational units of the penitentiary
system, on the basis of which to draw conclusions on
the efficiency and prospects of modern operational-
search legislation.
Rumyantsev, N. and Agarkov, A.
Normative Regulation of Activities of Operational Units of the Penitentiary System (Historical Aspect).
DOI: 10.5220/0010633800003152
In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages
201-207
ISBN: 978-989-758-532-6; ISSN: 2184-9854
Copyright
c
2021 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
201
3 RESULTS AND DISCUSSION
Starting with the consideration of the issues of the
emergence and development of the legal regulation of
operational investigative activities in the penitentiary
system, it is necessary, in our opinion, to consider a
brief history of the formation of operational units in
places of deprivation of liberty. This need is dictated
by the historical fact that the tasks of operational work
were reflected both in the regulations and in the
organization of the activities of operational units.
Moreover, we believe that the organization and
practice of the work of operational units in the
penitentiary system had and continues to have an
impact both on the normative regulation of their
activities and on the formation of the theory of
operational investigative activities, which from a
scientific point of view reveal and explain the laws of
operational work. In this respect, we agree with prof.
Exarchopulo, who remarks that "during the formation
of the first scientific concepts of criminology (and
later the theory of operational search activity
developed from it - author's remark), and in the
further formation of its theoretical base, accumulated
knowledge and practical experience always were the
objective prerequisites for the development of science
(A. A. Exarchopulo, 2014).
So, based on the results of our previous research
(A.V. Agarkov, 2019), we assume that in the
medieval Russian state and the Russian Empire, there
were no specialized units that carried out operational
work in places of deprivation of liberty. At the same
time, since the middle of the XIX century, prison
officers provided assistance in the fight against crime
to the political and criminal police, which was
provided, in particular, by the relevant instructions
(Z. I. Peregudova, 1992). This is confirmed by
modern researchers (P. E. Shchegolev, 1992), and
"journalistic investigations" of the period under
review, acting as narrative sources (V. M.
Doroshevich, 2019). In turn, the operational covering
up of political criminals in places of detention was
carried out by specialized detective agencies,
generally responsible for countering crimes against
the state. Their activities were carried out on the basis
of closed departmental regulations, however, taking
their organizational isolation from places of
deprivation of liberty into account, they will not be
considered in this work.
Similarly, the operational covering of places of
detention was built in the first years of the existence
of the Soviet state, but its results quickly showed the
inefficiency of this approach. Then, in 1930,
specialized information and investigation
departments were created in the organizational
structure of the territorial bodies of the OGPU (state
security bodies-author's remark) for the operational
maintenance of correctional labour camps, the
number of which sharply increased at that time.
However, despite this, they were part of the structure
of the OGPU, and therefore the normative regulation
of their activities also remains outside the scope of
our work. Only in 1932, as a result of organizational
changes, the information and investigation
departments were subordinated to the security units.
The new units received the names of Secret and
Operational Departments (GARF. F. R-9401sch. Op.
1a. T. 1. D. 2. L. 69), which was soon changed to the
third departments of the ITL (GARF. F. R-9401sch.
Op. 1a. T. 1a. D. 2. L. 80). No normative act
regulating their tasks was issued, and they
themselves, having in their composition
counterintelligence, secret-political, economic,
special and operational departments, carried out
various aspects of operational-search activities, as
well as conducting investigations exclusively on
political crimes.
In 1935, the third departments were created in
colonies and prisons, which completed the formation
of independent operational units in the penitentiary
system of the USSR. Their activities were soon
regulated by the order of the NKVD of the USSR of
April 26, 1935, No. 00159, which regulated the
organization and tactics of working with confidants,
and the order of the NKVD of the USSR of September
14, 1937, No. 00588, which introduced the
Temporary Regulation on the third departments of the
ITL NKVD (GARF. F. R-9401sch. Op. 1a. T. 1. D. 9.
L. 22-24). According to it, the third departments fully
conducted operational and investigative work, and
not always at the necessary level (S. I. Kuzmin,
2020). It also provided groups within the third
departments: counterintelligence, secret-political,
special, accounting and statistical, as well as (what
should be paid special attention to) the department for
combating escapes and the department of criminal
investigation. Thus, it is necessary to state the
normative consolidation of the tasks of prevention
and disclosure of penitentiary crimes. On the one
hand, this corresponded to the leading tasks of the
criminal policy of that time: strengthening the fight
against the remnants of class enemies and raising the
task of educating socialist discipline to a much greater
height (A.V. Sorokina, 2018). On the other hand, this
allows us to come to the extremely important
conclusion that the specific task of operational and
investigative activities to counteract penitentiary
crime and, in particular, to prevent escapes from
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places of deprivation of liberty, currently enshrined in
Article 84 of the Criminal Executive Code of the
Russian Federation (hereinafter referred to as the PEC
of the Russian Federation), was first normalized in
1937. Consequently, the counteraction of crime in
places of deprivation of liberty by operational-search
methods is historically conditioned, and the norms of
the Criminal Code of the Russian Federation in terms
of the tasks of operational-search activities in
correctional institutions originate in departmental
acts that regulated the activities of operational units
of the penitentiary system. At the same time, it should
be emphasized that countering malicious violations of
the regime in correctional institutions is a feature of
the operational search activities carried out in them
(A.V. Bykov et al., 2015).
Significant changes in the structure and tasks of
the operational units of the penitentiary system were
made on February 7, 1940 by order of the NKVD of
the USSR No. 00149 (GARF. F. R-9401s. Op. 1a. T.
1. D. 55. L. 152-154). The third departments were
called operational-chekist departments (OCHO), and
their tasks were added to the regime functions, which
once again draws us to the content of the current
article 84 of the Criminal Code of the Russian
Federation. Besides observing moods. the tasks of
ensuring the smooth operation of production,
combating theft of property of penitentiary
institutions, hooliganism and banditry among
prisoners, as well as organizing interaction with the
territorial state security bodies in a number of areas
appeared. Thus, we consider it possible to draw
parallels with modern operational-search
counteraction to economic crime (which is currently
not regulated by law and, in our opinion, requires
deep scientific development), as well as with a
number of closed interdepartmental regulations in the
field of interaction of operational units of various
subjects of operational-search activity.
During the Great Patriotic War, the tasks of the
operational units of the penitentiary system were
significantly expanded, which, however, did not find
its normative consolidation, but was carried out
exclusively on the basis of the administrative
instructions of the NKVD of the USSR. So, in
particular, the operational units selected persons
among the prisoners who were sent from places of
deprivation of liberty to the active army, carried out
work in filtration camps, prevented the disruption of
production for the front, and also solved the most, in
our opinion, responsible task-identifying and
suppressing the activities of enemy agents aimed at
organizing uprisings, sabotage in places of
deprivation of liberty. Numerous facts show that this
work was efficient. For example, one of the identified
persons preparing an armed uprising in a correctional
labor camp said: "We need to have up to 50 people of
desperate thugs now. We need to master weapons...
the most important thing is to capture the radio station
and the base with food, then we would help the front"
(A.V. Agarkov, 2015). The activities of the criminal
group were suppressed by the operational unit.
Regarding the organization and transformation of
the tasks of the operational units of the penal system
in the post-war period, we note that after the end of
the Great Patriotic War, the operational situation in
places of deprivation of liberty became seriously
complicated: penitentiary crime became more active,
and mainly due to commissioning of violent crimes,
group disobedience, attacks on the administration,
etc. We explain this by a number of factors: an
increase in the number of convicts, a change in their
qualitative composition, among them there were
persons with front-line experience, there were
processes of redistribution of power between
traditional thugs and persons who participated in
hostilities (so called" bitches") - "bitch war",
accompanied by numerous murders and other crimes
against the person (V. T. Shalamov, 2021). We
consider it possible to cite the data of a related
archival document:
"In 1949, 49, in 1948, 89 people fled. There were
18 cases of open bandit manifestations, which were
expressed in the murders and injuries of prisoners. In
1948, 37, in 1949, 72 people were involved in
banditry. The growth is explained by:
1. Most of the bandits in 1948-1949 came from
the Northern camps because of illnesses, and
some from prisons.
2. Until 1949, there was no hostility between
bandit elements (so-called "thieves in law" and
"bitches") in the camp, so the first isolated
bandit manifestations in some units were
underestimated neither by the camp
administration nor by operational workers, and
therefore no decisive actions were taken to
prevent them.
3. Mixing of contingents was allowed.
The following actions took place: stabbing
prisoners, a group of prisoners organized a bandit act,
as a result of which a warden was killed and an
assistant platoon commander was wounded, repeated
beatings and robberies of individual prisoners in front
of everyone; murders of prisoners with axes, knives,
including foremen, cooks, etc. (archive of the IC of
the Ministry of Internal Affairs of the Komi Republic,
f.14, O. 2, A. 29, L. 24-28).
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Trying to respond to the growth of penitentiary
crime with organizational measures, the Ministry of
Internal Affairs of the USSR was reorganized:
security units were merged with operational
departments, and the heads of the newly formed
structures became deputy heads of institutions
(GARF, f. R-9401c, op. 12, d. 310, t. 2, l. 3).
As of September 1, 1947, the total number of
special prisoners held in GULAG prisons was
1,392,368, who were housed in 54 camps, 79
colonies, and 57 prisons. Confidential assistance was
provided by about 10,000 employees and freelancers,
almost 4,000 persons who provided assistance on a
contractual basis, and almost 65,000 on a non-
contractual basis ("informants"). In addition," anti-
run awareness " was carried out by 60,225 people (V.
A. Berdinskikh, 2001).
Taking into account the workload of operational
workers due to the need to communicate with a large
number of confidants of various specializations, in
1948 to intensify the fight against escapes, the right
to work with confidants who carried out "anti-escape
information" was granted to the security officers and
all the personnel of the supervisory service, while the
operational workers who served the camp units and
colonies were entrusted only with monitoring the
quality of the selection of informants, as well as
instructing the guards and security officers on the
methods of attracting prisoners to the assistance
brigades and ensuring secrecy in working with them
(GARF, f. R-9401c, op. 12, d.316, vol. 3, L. 4).
Working with secret employees was based on the
Instructions approved by the same order.
Describing the decision, it should be noted that
this measure led to a decrease in the number of
escapes, but along with the positive aspects, we see
the negative aspects here, the main of which are
possible violations of conspiracy and partial decoding
of methods of the ORD due to poor professional
training of employees, mass involvement and, as a
result, poor selection of secret apparatus, wide
awareness of the special contingent about the
operational cover provided by the anti-run operation,
etc.
In the period of 1950-1951, the functions of
security and operational support were again divided
and departments of the regime and operational work
were created.
Simultaneously with the attempts to improve the
organization of the activities of operational units, the
search for ways to improve the operational-search
activity itself was underway. In accordance with the
instruction of the Ministry of Internal Affairs of the
USSR No. 823 of June 30, 1951 (GARF, f. R-9401s,
op. 12, d. 311, l. 6), accounting and observation cases
began to be opened as a prototype of one of the types
of modern operational accounting cases provided for
by the current Federal Law of 12.08.1995 No. 144-FZ
"On Operational search activities".
It should be noted that by the beginning of 1953,
the operational situation in places of detention
stabilized, which was greatly facilitated by the
activities of operational units. The most dangerous
leaders of groups of convicts of a negative orientation
were localized or shot, the redistribution of the
"shadow" power ended.
At the same time, the death of I. V. Stalin and
subsequent changes in the domestic political life of
the country again led to a complication of the
situation in places of detention.
Having declared an amnesty for criminals, the
country's leadership was in no hurry to release those
convicted of political crimes, which was the reason
for the dissatisfaction of the special agent and the
tense situation in places of detention (M. I. Perlik,
2015). This is what is discussed in the document
below: "... It is established that the dissatisfaction of
prisoners... is mainly related to the publication of the
Decree of the Presidium of the Supreme Soviet of the
USSR on the amnesty of the criminal bandit
element..." (Archive of the IC of the Ministry of
Internal Affairs of the Komi Republic, f. 47,
Vorkutinsky ITL, O. 1-P, No. 9, l.12-16).
It should be noted that the above events occurred
at the time when the level of penitentiary crime for a
number of reasons increased dramatically. Leaving a
detailed consideration of the reasons for this growth
outside the scope of our study, we will highlight only
a few, in our opinion, the main ones: the lack of
qualified specialists due to losses in the Great
Patriotic War; the change in the composition of the
special contingent and the ongoing redistribution of
the "shadow" power in the ITL; the imperfection of
the regulatory framework and insufficient attention
paid to the problems of the penitentiary system by the
leadership of the USSR.
Since 1954, the tasks of the entire penitentiary
system have changed the main one was the
correction and re-education of offenders. Conditional
early release became possible again, supervision of
the prosecutor's office was established for compliance
with the laws in correctional labor institutions,
amateur organizations of convicts were organized,
and convicts were granted the right to receive
education in the schools of working youth.
The changes also affected the organizational
structure of places of detention: the regime service
was transferred to the subordination of security units,
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in which the departments of the supervisory service
were created. The operational units of the ITL and the
ITK were renamed operational (first) departments.
On September 8, 1956, a new departmental
normative act of the Ministry of Internal Affairs of
the USSR was adopted, regulating operational and
investigative activities in correctional labor camps
and colonies, which was developed taking into
account the changes that occurred in the country: it
became "an integral part of the re-education of those
sentenced to imprisonment serving their sentences in
places of detention". Serious changes also affected
the tasks of the operational units of the Criminal
Justice System, the main task of which was the fight
against penitentiary criminal crime.
Analyzing the tasks given in the Regulation, it
should be noted that along with the implementation
of the prevention of specific crimes by the special
agent, the task of countering organized crime in
places of deprivation of liberty is highlighted for the
first time the fight against the leaders of organized
crime groups (in modern terminology), which
indicates its relevance. It should be noted that this
task is still among the tactical tasks provided for by
the departmental regulatory act of the Federal
Penitentiary Service of Russia and solved by the
operational units of the penal system.
Analyzing the above, we come to the conclusion
that there were qualitative changes in the organization
of the activities of the operational apparatuses of the
ITU having lost the counterintelligence functions of
protecting state security; they began to carry out
directly operational-search activities, focused
primarily on the fight against ordinary crime in the
specific conditions of the ITU. In addition, by
transferring to other departments, as a result of the
reform, the functions of protection and supervision
that were not typical of operational work, the first
departments were able to fully focus on countering
penitentiary crime, using special operational methods
for this purpose. At the same time, operational and
investigative activities began to be considered as an
integral part of the general activities of the ITU for
the re-education of prisoners (providing assistance to
the administration in maintaining the regime, creating
conditions for the re-education of prisoners, and
quickly establishing their path of correction).
The ongoing measures to reform the penitentiary
system led to an increase in the activities of criminal
groups of convicts, with the knowledge or under the
influence of the organizers of which the majority of
crimes and gross violations of the regime were
committed in ITU. The problems of combating
penitentiary crime and improving the efficiency of the
penitentiary system acquired national significance,
which is confirmed by a number of regulatory legal
acts at the state level, namely:
The Decree of the Presidium of the Supreme
Soviet of the USSR of January 13, 1953 "On
measures to strengthen the fight against
particularly malicious manifestations of
banditry among prisoners in correctional labor
camps", according to which the death penalty
was allowed to be applied to those responsible
for these crimes;
The resolution of the Central Committee of the
CPSU and the Council of Ministers of the
USSR of October 25, 1956, on the basis of
which the correctional labor camps were
liquidated.
Leaving out of the scope of our study the tactics
and specific facts of operational and investigative
activities among convicts of a negative orientation, it
is necessary to note the efficiency of the
implementation of the entire complex of measures
provided for by the above regulatory legal acts - the
crime rate among convicts decreased sharply. V. M.
Anisimkov claims that in some ITL in the period from
1956 to 1958, the total number of crimes decreased
by more than 40%, and the number of escapes
decreased by 43%, and robberies and mass riots – by
3 times (V. M. Anisimkov, 1993). Analyzing the
above information, we share the point of view of V.
V. Dedyukhin that these positive results were made
possible due to the implementation of measures to
isolate the criminal bandit element in special high-
security camp points in combination with measures of
a regime, operational-preventive and political-
educational nature (V. V. Dedyukhin, 1984).
Assessing the results of the fight against criminal
groups of convicts, S. A. Kutyakin and G. V.
Kurbatova argue that the elimination of criminal
groups in the early 60s were completed only
formally..., "thieves in law" lay low in anticipation of
favorable conditions for the activation of their
activities (S. A. Kutyakin, G. V. Kurbatova, 2003).
However, we believe that the actions taken by the
operational and regime units brought the necessary
effect, since the groups of convicts who were again
negatively disposed to the administration appeared
only 30 years later, in the era of «perestroika»
On August 21, 1962, a normative act of the
Ministry of Internal Affairs of the RSFSR was
published, which regulated the operational search
activities of correctional labor colonies, camps and
prisons of the Ministry of Internal Affairs of the
RSFSR, which stated that operational search
activities "in colonies and prisons are carried out
Normative Regulation of Activities of Operational Units of the Penitentiary System (Historical Aspect)
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according to a plan that provides for the main
measures aimed at strengthening the fight against
crime and strengthening the regime of detention of
prisoners."
The next departmental normative act in the field
of operational work in penitentiary institutions was
adopted on December 27, 1974. In his introductory
part, describing the current operational situation in
places of deprivation of liberty, the Minister of
Internal Affairs of the USSR, Colonel-General N.
Shchelokov, stated that "law and order had been
strengthened in places of deprivation of liberty, the
number of crimes had slightly decreased. There is a
tendency to increase the number of ITU, in which no
crimes are committed for a long time...". The content
of operational and investigative activities in the
penitentiary system was also formulated there:
"...assistance in the correction and re-education of
convicts, detection, prevention and disclosure of
crimes."
It should be noted that the operational situation in
correctional labor institutions during the period under
review was relatively favorable. We believe that this
became possible as a result of the coordinated work
of the operational and security services, which
managed to level and suppress the influence of the
shadow leaders of the criminal environment. Based
on our analysis of the content of the bulletin
"Operational-search work" for 1974-1981, published
by the Research Institute of the Ministry of Internal
Affairs of the USSR, it is possible to identify the
main, most urgent tasks that faced the operational
units of the penitentiary system during this period:
preventing the escape of convicts; countering illegal
trafficking narcotic drugs; prevention of mass riots,
crimes against the person; prevention of theft of
property.
Conclusion. So, by the beginning of the 80s of the
twentieth century, the operational units of the Penal
System (operational units) fully controlled the
operational situation in places of detention. Crimes in
places of deprivation of liberty were committed, as a
rule, individually or in small groups, attempts of
convicts of a negative orientation to dictate their
conditions to representatives of the administration, as
a rule, ended in failure. Operative workers liquidated
a large number of criminal-bandit groups, debunked
a number of leaders of the criminal world – "thieves
in law", and took control of the situation in the vast
majority of correctional labor institutions. The work
of the operational units of the Criminal Investigation
Department was radically restructured from
counterintelligence they became directly operational-
search units, which primarily fight against
penitentiary criminal crime, which significantly
increased its efficiency.
4 CONCLUSIONS
We consider it proven that operational search
activities in places of detention are necessary and
historically conditioned. Also, an objective necessity
is operational-search counteraction with violations of
the regime established in places of deprivation of
liberty. In addition, the analysis of the normative
regulation of operational work at various stages of the
development of the penitentiary system has shown
that a number of sources (including those not
considered in this publication due to their closed
nature), after appropriate processing, can be
successfully applied in the work of modern
operational units of the penitentiary system of Russia.
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Normative Regulation of Activities of Operational Units of the Penitentiary System (Historical Aspect)
207