Detention centers of the Federal Penitentiary Service will be transferred to the Ministry of Internal Affairs. After the presidential election, the FPS may become subordinate to the Ministry of Internal Affairs

The Ministry of Justice decided to reorganize the federal penitentiary service. Innovations will affect the activities of the Office, the procedure for calculating salaries and the development of new requirements for employees. This is provided for by a separate bill that regulates the process of reforming the Federal Penitentiary Service in 2018 and 2019. It is assumed that the organization will be removed from the subordination of the Ministry of Justice and will receive a special status, which will affect its functions and powers. In general, the government positively assesses the decision to increase the official salaries of employees of the Federal Penitentiary Service, since the order and observance of laws in the country directly depend on this structure.

Wage

Due to the fact that the Department was cut funding, the salaries of employees for a long time were not revised. But on the agenda is not only an increase in salaries, but also a reduction in the gap between the salaries of ordinary employees and management. It is assumed that changes in wages will take place in stages, and the rate of senior officials will gradually decrease, which will make it possible to increase the salaries of ordinary security guards.

The number of employees of the Office will be reduced, and the final staff of the Federal Penitentiary Service will be formed by 2019. Such optimization is typical for all government agencies, since without reducing the number of employees it is impossible to achieve a significant increase in wages. But ordinary employees should not be afraid of mass layoffs. It is assumed that, first of all, the optimization of leadership positions will be carried out. Also, specialists who do not have a significant impact on the work of the Office (for example, psychologists) may fall under the reduction.

The salary of employees of the Federal Penitentiary Service will be calculated taking into account the following parameters:

Taking into account inflation, the average indexation of salaries of employees of the Department will not exceed 6% (in 2017, indexation was 5% with an inflation rate of 12%). However, according to some experts, if the country's economy does not demonstrate strong growth, then salaries will not be indexed due to lack of sufficient funding.

Reducing staffing can expand the range of responsibilities of ordinary employees. It is possible that individual colonies will even have to be closed to implement the program to optimize the activities of the Federal Penitentiary Service. First of all, those institutions where a small number of prisoners are kept will be closed. In this case, those serving sentences will be transferred to other colonies, which will affect the workload of their guards.

Requirements for employees

The reform of the Federal Penitentiary Service of 2019 provides for tougher requirements for employees, which will be spelled out in the new law. These are the innovations:

• observance of the rights of persons serving sentences;
• respect for the traditions and religion of different peoples;
• complete rejection of corruption in any areas of the Agency's activities;
• good attitude towards prisoners;
• rejection of immoral habits and absenteeism.

Having revealed the fact of corruption, the employee is obliged to immediately convey such information to the regulatory authorities. Otherwise, he will be fired for non-compliance professional ethics and norms of the current legislation.

Even after the Federal Penitentiary Service becomes part of the Ministry of Internal Affairs in 2019, testing and checks for drugs and alcohol will be periodically arranged for employees.

Strict requirements for employees will be offset by additional social guarantees. For example, for length of service, vacation time will increase or material assistance will be issued. In the event of pressure from criminal elements, an employee of the Federal Penitentiary Service can count on protection, which will be guaranteed by the state.

For a settlement labor relations a binding contract will be concluded with each jailer. But every the new employee will have to pass probation, the duration of which will be 2-6 months. Employment of a specialist applying for leadership position, will be a more complex procedure. In addition to the fact that the applicant will have to meet the requirements of the Office, he will be able to take a leadership position only after successfully passing the competition.

It is possible that employees should prepare for more global changes: the Federal Penitentiary Service may become part of the Ministry of Internal Affairs in 2018 or 2019, which will be a logical continuation of the reform power structures RF. This decision will be the result of a reduction in the number of senior staff in order to optimize the costs necessary to maintain the work of the Office. But on this moment the final decision on the inclusion of the federal penitentiary service in the Ministry of Internal Affairs has not yet been made. The fate of the Office will be determined after consideration by the Ministry of Justice of the draft law on its reform (it is assumed that the final draft of the document will be published in the spring of 2018).

In Russia, the reform of power structures is in full swing. The changes will also affect employees. Federal Service execution of punishments. This service is planned to be included in the Ministry of Internal Affairs.

The FSIN system will be reformed this year. It was decided to remove the special structure responsible for ensuring order in the country from the jurisdiction of the Ministry of Justice and give it a special status.

The reform of the Federal Penitentiary Service and the Ministry of Internal Affairs should lead not only to a reduction in staff, but also to an increase in wages for the remaining employees. The current level of salaries for executives and ordinary civil servants differ significantly. By optimizing the staff, the authorities intend to minimize the existing gap in the amount of official salaries. Such measures, unfortunately, cannot do without staff reduction. All structures are subject to reform. This will improve the efficiency of all government agencies and systems.

Reform of the Federal Penitentiary Service from April 1, 2018: features of the reform

Managers with high salaries are subject to reduction in the first place. Ordinary civil servants are promised to be left in their places. First of all, it will be proposed to cut positions that do not directly interact with the department. It is possible that the wave of layoffs will also affect psychologists.

It is also planned to expand the powers and responsibilities of employees of the Federal Penitentiary Service and the Ministry of Internal Affairs, but with an increase in monthly salaries. The amount necessary for the implementation of the announced reform is not yet in the budget. In this regard, it is quite possible to expect the reform of the colonies.

Reform of the Federal Penitentiary Service 2018: a high-profile case

The decision to revise the legislation regarding employees of the penitentiary structure is overdue in connection with the high-profile case of Oksana Gurova, an employee of the Federal Penitentiary Service. The woman was dismissed from the post of inspector due to a criminal record. However, at the time of hiring, the crime that was attributed to Gurova was decriminalized. Therefore, the decision to dismiss can be considered illegal.

To date, the Constitutional Court has not made a decision regarding the legality of the dismissal of citizen Gurova. According to the draft law adopted by the State Duma, it is prohibited to dismiss employees of the penitentiary service if, at the time of the decision to extend the contract, the crimes were decriminalized.

For more than a month now, the fate of the Federal Penitentiary Service has been discussed on the Web: will a reform be adopted, thanks to which the units of the Federal Penitentiary Service will come under the wing of the Ministry of Internal Affairs? Will there be a personnel reform in the Federal Penitentiary Service? Judging by the information received from a certain source, in the near future, the employees of the Federal Penitentiary Service really need to expect huge changes.

So, the source reports that many employees of the Federal Penitentiary Service may find themselves without shoulder straps at all - they will simply be transferred to civil service. Shoulder straps, of course, will remain with a part of the employees: those who work with weapons. But mass layoffs, most likely, are not expected: the Federal Penitentiary Service already lacks staff.

It is worth noting that officially information about the transition of the Federal Penitentiary Service under the control of the Ministry of Internal Affairs has not yet been recognized, however, on an unofficial basis, the funds mass media this is confirmed by many sources. Of course, the topic of “liquidating the Federal Penitentiary Service” is very urgent, and, according to various sources, it will happen exactly in 2018, this year. There is no talk of any large-scale liquidation, but the reform will be implemented.

Causes

One of the main reasons for the liquidation of the Federal Penitentiary Service is called wages: so, the employees of the Federal Penitentiary Service are raising salaries at the level with state employees, but with further recalculations it will be difficult to follow the trend of a constant increase in payments - there will not be enough finances. Speaking about the liquidation of the Federal Penitentiary Service and the transition of the structure under the control of the Ministry of Internal Affairs, we can safely assume a decrease in the number of employees of the Federal Penitentiary Service, and this “saves” the budget a little from wasting on wages.

Meanwhile, as already mentioned, it is unlikely that it will be possible to reduce the number of employees of the Federal Penitentiary Service, since there are not enough personnel even without reform. But those who are not directly involved in the work of the Federal Penitentiary Service can be fired - these are, for example, psychologists.

It is noted that after the liquidation of the Federal Penitentiary Service, it will be transferred to the structures of the Ministry of Internal Affairs, and those employees who remain in “their place” will have much higher salaries and more expanded powers. According to the authors of the reform, it will be beneficial, since professional level employees of the Federal Penitentiary Service will be much higher.

The penitentiary system of the Ministry of Justice of the Russian Federation is one of the largest organizational formations in the structure of law enforcement agencies, it is a set of institutions and bodies that execute criminal penalties and other measures of a criminal law nature, as well as ensure the detention of accused and suspected of committing crimes.

An important decision in the democratization of the penal system was the adoption on October 8, 1997 of the Decree of the President of the Russian Federation No. 1100 “On reforming the penitentiary system of the Ministry of Internal Affairs of the Russian Federation”, which established that the procedure and conditions for serving, as well as organizing the activities of employees of the penitentiary system The Ministry of Internal Affairs of Russia, transferred or newly accepted into service in the penitentiary system of the Ministry of Justice of the Russian Federation, are regulated by the Regulations on Service in the Internal Affairs Bodies Russian Federation. Decree of the President of the Russian Federation of October 8, 1997 No. 1100 "On reforming the penitentiary system of the Ministry of Internal Affairs of the Russian Federation" // Russian newspaper. 1997. No. 200. These employees and members of their families were retained the benefits provided for by law and social guarantees. They serve in the Ministry of Justice in their positions without re-registration and reassignment, as well as without carrying out organizational and staff changes in this ministry.

The initial legal grounds for entering the service in the penal system are general norms that establish the right of citizens to work. Article 37 of the Constitution of the Russian Federation enshrines the right of citizens to freely dispose of their abilities for work, to choose the type of activity and profession. This position has been confirmed in Labor Code. Therefore, the procedure for hiring citizens for service in the penal system basically coincides with general order recruitment. However, the specific nature of the service in these bodies predetermines the increased, in comparison with other areas of socially useful activity, requirements for the personal qualities of the candidate.

The procedure and conditions for entering the service in penitentiary institutions are currently regulated federal law dated May 27, 2003 No. 58-FZ “On the system public service of the Russian Federation” and the Order of the Ministry of Justice of Russia dated June 6, 2005 No. 76 “On Approval of Instructions on the Procedure for Applying the Regulations on Service in the Internal Affairs Bodies of the Russian Federation in Institutions and Bodies of the Penitentiary System”, as well as the Regulations on Service in the Internal Affairs Bodies Russian Federation, respectively.

In accordance with the Regulations on Service in the Internal Affairs Bodies, citizens of the Russian Federation no younger than 18 and no older than 40 years of age, regardless of nationality, gender, social origin, property and official position, attitudes towards religion, beliefs, belonging to public associations capable of performing official duties due to their business, personal and moral qualities, education and state of health.

Specific list qualification requirements to a candidate for service in the penal system relating to education, physical fitness, health, personal business qualities, is determined by the Ministry of Justice of Russia and the Federal Penitentiary Service of Russia and depends on the position for which he is applying. Kalyashin A.V. Analysis of the requirements for an employee of the penitentiary system // Bulletin of the Vladimir Law Institute. 2007. No. 4 (5). Art. 62-65.

The following educational requirements are imposed on applicants for service:

Citizens with an education not lower than secondary are accepted for the positions of ordinary and junior commanding staff;

Citizens with an appropriate secondary specialized or higher education are accepted for the positions of middle and senior commanding staff;

The positions of privates and commanding staff are filled by concluding individual contracts, by competition, and also by appointment.

The procedural aspect of recruitment to the penitentiary institutions of the Federal Penitentiary Service of the Russian Federation is as follows.

The admission of candidates for service in penitentiary institutions of the Federal Penitentiary Service of the Russian Federation has two stages:

preliminary study;

The study of candidates in the process of medical examination, psychophysiological examination, research on general and physical fitness. Yakushkin S.V. Improving the system of selection of candidates for study, placement and retention of personnel and their use in institutions and bodies executing punishment // Criminal Executive Law. 2007. No. 1. S. 32-37.

Preliminary examination of candidates accepted for service is carried out by the relevant structural divisions institutions and bodies of the penitentiary system, during which the candidate’s state of health, the compliance of his education and special training with the requirements for the position for which he is accepted, business, personal and moral qualities are revealed.

Based on the results of the preliminary study, a certificate is drawn up on the results of the study of the candidate, which is sent to the head of the institution or body of the penitentiary system that has the right to be appointed to the position. He considers the documents received and, if the decision is positive, transfers them to the appropriate personnel unit for a special check of the candidate and sending him to the military medical commission to determine his fitness for service in the penitentiary system.

The purpose of the test is to determine the fitness for service on the basis of the health of candidates. The VVK is carried out in accordance with the Regulations on the military medical examination, approved by Decree of the Government of the Russian Federation of February 25, 2003 N 123. Decree of the Government of the Russian Federation of July 28, 2008 No. amendments to the regulation on military medical expertise” // Rossiyskaya Gazeta. 2008. No. 165.

In the absence of information preventing the admission of a candidate for service in the penitentiary system, as well as the recognition of his VVK fit for this service, the candidate writes an application for admission to service in the penitentiary system.

Exists whole line restrictions for candidates for service based on their socio-demographic, legal, moral, psychological and other characteristics of a particular person.

Firstly, the legislator provided for the possibility of hiring only citizens of the Russian Federation, since citizenship is the basis for securing rights and freedoms for a person guaranteed by the Constitution of the Russian Federation, including in the field of a certain professional activity. However, neither the Law of the Russian Federation of July 21, 1993 "On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty" nor the Regulations on Service in the Internal Affairs Bodies establish a direct prohibition for those entering the service who have the citizenship of a foreign state.

Along with citizenship, an age limit has also been established, according to which only a person who has reached the age of 18 can be accepted for service. At the same time, the legislator believes that to cope with the loads typical for initial stage work in the penitentiary system can be a person whose age does not exceed 40 years. The increased requirement for the age of candidates for the service is due to the specifics of the official activities of the employee of the penal system, his responsibility for the performance of the functions assigned to him, as well as additional requirements presented to persons applying for the positions of ordinary and commanding staff in the penitentiary system.

An important characteristic of a person is the educational level. Persons suitable for business qualities and education to fulfill the duties assigned to the employees of the penal system. The requirement under consideration is designed to ensure the implementation of such a principle as the professionalism and competence of employees of the penal system. For its implementation in the penitentiary system, the formation of departmental educational institutions, training in which precedes service in a penitentiary institution of the Federal Penitentiary Service of the Russian Federation. However, in this case, the educational qualification in the form of secondary general education also applies.

Secondly, taking into account the legal characteristics of the individual, the circle of candidates for service is limited by excluding from the number of applicants persons who have or had a criminal record. This means that persons whose convictions have been expunged or canceled in statutory okay. As a rule, those citizens who are on the operational and preventive register in law enforcement agencies and special services, citizens who have committed various types of offenses, are also excluded from the circle of candidates for work.

A special group of personality traits of candidates for service in the penal system are those that relate to their physical and psychological state. This task is solved by issuing rules for assessing physical and psychological fitness for service. The job candidate must not have any diseases that prevent the fulfillment of the intended official duties. Bovin D.A., Rakov A.M. Professional psychological selection in the penitentiary system of Russia and its effectiveness // Applied Legal Psychology. 2009. No. 2. S. 104-114.

It should be especially noted that those who, by a court decision that has entered into force, are recognized as incapacitated or partially incapacitated are definitely excluded from the circle of candidates.