ОРГАНИЗАЦИЯ ТЮРЕМНОГО КОНТРОЛЯ ПОСЛЕ РЕФОРМ АЛЕКСАНДРА II

Open Access

Abstract

К концу XIX началу XX в. в Российской империи был сформирован публичный контроль сферы исполнения уголовных наказаний, носивший комплексный характер и включавший в себя четыре основные формы: общественную, ведомственную, прокурорскую и судебную. Каждый вид имел свой предмет, средства реализации, содержание и институциональное воплощение. При этом прокурорский надзор выступал в качестве основного инструмента, обеспечивавшего государственную политику в сфере реализации контрольной деятельности в местах заключения. ; The Criminal and Penal Legislation improvement as well as Prison and Justice Reforming Process provided further development of sentencing monitoring. The Public Monitoring Activity was arranged by the end of the 19th and beginning of the 20th century in the Russian Empire. It had a comprehensive character and included four main forms. These were non-governmental, departmental, prosecutorial, and trial activities. Each form had its own sphere of executing, instruments, content and institutional embodiment. At the same time the Prosecutor's Supervising served as the main tool, which provided the state policy in sentencing monitoring. The Non-governmental Control was executed by the Prison Care Society and its regional and local divisions. Its competence was framed by moral supervising of the prisoners' conduct. The Departmental Supervision was operated by prison inspectors; it focused on sentencing management and sentence executing itself. The sphere of the Control Activity of the Justice of the Peace was bounded by the legal reasons estimating of the jail and preliminary imprisonment. The Prosecutors' Supervision Activity included legal reasons estimating of the jail and preliminary imprisonment, too; and, in addition to this, it was to monitor the discipline practice inside prisons and sentencing 241 management, to provide the sentence executing and participate in sentence case trial hearings. At the same time the Prosecutor's Supervision served as the main tool, which ensured the state policy in sentencing monitoring. Further development of the mentioned monitoring forms provided the upgrading of the Prosecutors' Supervision, which enlarged the sphere of supervisory. Its enlarged sphere included legal estimating of the jail and preliminary imprisonment, sentencing monitoring and sentence execution providing. Realizing these activities the prosecutor was to monitor the discipline practice inside prisons, to provide for the prisoners' rights (right to appeal, right to meetings, etc), to provide the sentencing, and to participate in sentence case trial hearings. As the result of the development the Prosecutors' Supervision was empowered by a complex of latitudes with a comprehensive legal character including consent to discipline measures appointment, right to discharge of the jail and preliminary imprisonment, right to prison chief indication, etc. The mentioned prosecutors' opportunities were the content of the Prosecution Prison Supervision