Problems of studying penitentiary crime in Russian science and practice

Abstract

Relevance. Penitentiary crime is an integral component of the functioning of the system of institutions and bodies that execute criminal penalties. This is one of the problems, the relevance of which almost never disappears, due to a number of factors, including problems in the organization of the process of execution of criminal penalties, the criminal environment and a number of others. Goal. The purpose of the research is to identify approaches to the problem of crimes committed by convicts while serving a criminal sentence associated with forced isolation, and to analyze the development of the system for studying penitentiary crime in Russian science, taking into account some aspects of a practical nature. Tasks: to analyze the research of Russian scientific literature devoted to the study of crime in the penitentiary system of Russia in the XIX-early XX century. Methodology. The methodological base of the research was made up of General scientific (analysis and synthesis, induction, deduction, etc.) and special methods of cognition (formal legal, comparative legal, historical legal). Results. For a long time, the crimes of convicts did not stand out from the overall picture of crime, and therefore there was no objective information, including statistical data, that would allow us to identify this problem. It is noted that the issues related to the crime of convicts and its causes were not of significant interest to researchers. This aspect was minor in comparison with the more global issues related to the organization of the activity of penitentiary institutions. Conclusions. Independent special research on the personality of a convicted person who has committed a crime again, the causes of penitentiary crime was not conducted until the beginning of the XX century. In this issue, valuable material is provided by observations of practitioners, publicists, and members of the public. The author highlights some works that reveal some aspects of the problem under consideration.