Alternative to prison

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Reforming of penal system of the country changed internal state criminally - executive service towards its humanization. The relation of the state and society to people who by a court decision serve sentence, became another. Today courts even more often apply the new types of sanctions alternative to imprisonment. The stumbled person has real opportunity to rehabilitate itself "out of isolation from society". This year 5084 persons on a sentence of court didn't get for a lattice. They live and work among us. The quantity condemned to alternative types of punishment in the Nikolaev area almost was made even to the number of the people sitting in prisons.

- More than two thirds of total of articles of our Criminal code prescribe the punishments connected with imprisonment, - the chief of sector criminally - executive inspection of management of State department concerning execution of punishments in the Nikolaev area the major of internal service Alexander IPATYEV speaks. - Parliamentarians gradually fulfill obligations to the Council of Europe and expand the range of humane executive sanctions at implementation of adjudications.

- In the Nikolaev area on freedom "walk" approximately as much condemned, how many sit in prisons. What types of alternative punishments are provided by the existing legislation?

- It is a little types, but the range of offenses and crimes which they cover, rather wide. The first category is the people exempted from an execution of the punishment with a trial period; the second - is what are condemned to punishment in the form of deprivation of the right to hold certain positions or to be engaged in any activity …

- Ban on a profession, how in Europe for communists?.

No way. Policy here at anything. It is a question of the caught stealing accountants on a sentence of court it isn't authorized to them to be on financially - responsible positions, organizers of financial pyramids and the dishonest businessmen deprived of the right to be engaged in financial activity or to hold certain posts in public service. It can be and the drivers deprived of the rights …

- Clearly.And what today means punishment in the form of public works and how it is carried out in practice?

- Public works as humane alternative, are entered into the Criminal legislation of Ukraine only in 2001. On a plan of our parliamentarians, they are good that evident results - the repaired roads have, the painted benches in the parks, the cleaned cemeteries and cut lawns. Society sees that the violator can not only destroy, but also do something constructive. In comparison with imprisonment which demands considerable budgetary costs for the contents condemned in the conditions of isolation, such works are carried out without material inputs.

- Moral efficiency of such punishment for condemned very low, and productivity of free work the almost zero. You remember "pyatnadtsatisutochnik" who swept the carriageway?.

- Concerning low moral efficiency of public works I absolutely don't agree with you. Nikolaev - the city small, and for many people who will paint benches or to cut lawns in public places, rather painfully to seem among mutual friends during sentence execution. I will tell more, many, probably, will prefer the closed prison …

- Well, it is more prestigious to be imprisoned and work …

That's not the point. The moral component of the legal sanction for few - мальски is immeasurably heavier than the public person, than material losses and even freedom. Money is earned quicker, than reputation. As for comparison with "pyatnadtsatisutochnik" - it is wrong. At the Soviet Union they were in temporary prison or KPZ, from where their every morning sent for works …

- "A sandy pit - two persons …"

- Here - here, approximately so. Today these people live at home, in the families. They come to work, and the maximum term of these public works - 240 hours. Condemned in coordination with local self-government institutions and criminally - executive inspection participate in improvement of territories not only city areas, but also settlement councils. In our material conditions this measure of punishment is rather effective. First to heads of farms, ЖЭКов, to chairmen of the Village Councils it was hard to understand that if the condemned is directed to them for performance of free public works, this criminal penalty, instead of employment "from the street".And this punishment obliges them to exercise strict control of behavior of the person during this period, to keep account of fulfilled time, absence from work, to estimate the relation to work, in due time to submit all these data in criminally - executive inspection …

- It how many is necessary paid controlers for free public works? !

- Irony here sad, but, unfortunately, the pertinent. It is difficult to force each foreman or the master of ZhEKA to keep account of working hours and to provide departures of such type of punishments. Under the law each employee of our inspectorate has to control 20 condemned, and in reality this figure reaches 70 people. However people work, and nobody complains. All understand that sooner or later the system will earn. Eventually, humanity - more effective tool in justice and execution of punishments, than cruelty. Many condemned come today and honestly carry out a court sentence though, I repeat, effective control - business of the near future.

- The impression is made, what criminally - executive inspection is urged to solve more pedagogical problems, than to supervise behind adjudication execution?

- No, here it is a little pedagogics, and here education is present. The adjudication - an embodiment of public perception of such ethical concept, as justice. It can be filled both cruel punishment, and empathy, and mercy. We try to show benevolent hardness in order that rehabilitation of the condemned led to its valid correction. If the person condemned to corrective works, fulfills all requirements of the judgment, we have the right to petition for mitigation or an early release from punishment. Besides, we became farther to develop a plan of the legislator on a humanization of existing penal system.

- In what sense?

- In the direct. Representatives of our service carry out pre-judicial studying of the identity of the offender and, relying on the experience, suggest to apply in court in sentences the most effective sanctions of rules of law which will define a way of an execution of the punishment for the defendant. This assessment has advisory nature, but judges often listen to opinion of professionals, and the person as a result doesn't get to prison, and remains under our control. Usually these people scrupulously fulfill all requirements of court because know - to them believed.Trust - big educational incentive, nobody cancelled it …
- In mass media and on the Internet it is much told about electronic monitoring systems behind behavior condemned. In Holland and other European countries electronic bracelets are used to trace movement of the person by means of the satellite. Recently on a site of your department there was information that similar experiment was made by your colleagues in the Kharkov area. What do you think of prospect of introduction of such total control of behavior condemned in Ukraine?

- I know of this practice. To the person sentenced to house arrest, put on a foot an electronic bracelet to trace its movements within the area, the judicial district or prefecture. If the condemned leaves border of "house arrest", it automatically gets to the real prison and starts serving sentence already in other mode. Personally I treat it with known prejudice. The bracelet on a foot is a dog lead on a neck. It internally discriminates more, than prison walls. Invention, probably, convenient, but … any immoral … The state, clinging the person such electronic toy, at once speaks to the stumbled citizen: "As though you repented - I all the same don't trust you".

In Ukraine other people. We have a good moral imperative, and we up to the end aren't spoiled by money. If to us trust - we seek to answer the same and, on the contrary, if fasten this expensive device, among acquaintances for certain there will be handymen - electronics engineers who will deceive controlers. Mistrust provokes lie, aspiration to deceive at once becomes sports.

In Europe people quietly carry monarchic bracelets. The sense of justice of the people, moral traditions and mentality allow to belong to such form of control quietly. The bracelet in law-abiding Europe doesn't press free genetics of the Cossack generations … However, it is all beautiful words. Main thing: work sew criminally - executive inspection the benevolent hardness, belief in the person and persistent work have to accompany. If the alternative to prison and all punishments connected with imprisonment gets accustomed, it will make our society only better.


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