Selected Issues of Qualification of Actions Disorganizing the Activities of Institutions Providing Isolation From Society (Article 321 of the Criminal Code of the Russian Federation)

Abstract

Prison crime is an integral part of crime in the country. Crimes committed in correctional institutions pose a serious problem, because they undermine the penitentiary system authority, impede the punishment goal achievement, destabilize the situation in prisons, and have a negative impact on the convicts’ behavior. Currently, 58 % of convicts in prisons have been tried repeatedly; 47% are serving sentences for committing grave and especially grave crimes. Numerous groups of negative-minded convicts in penal colonies adhere to the traditions of the criminal environment with its “criminal ideology”. The two forms of criminal activity – organized and conventional – have merged: organized and conventional. The “criminal ideology” in prisons bring about the “seizure of power”, when correctional colonies and their contingent begin to serve sentences according to “criminal notions” in accordance with the “criminal subculture”, not according to the norms of executive legislation. The present day shows the confrontation between “us” and “them”. The correctional colonies with “criminal subcultures” are called “black”, while those where the norms of executive legislation and the Internal Regulations prevail are called “red”.