Kalyashin, A. V. To the Subject of Demilitarization of the Penal Enforcement System of the Russian Federation

Abstract: The research subject of this article is the current question of demilitarization of the penal enforcement system of the Russian Federation. The objective of this work is provide a comprehensive analysis of various aspects of the demilitarization of the penal enforcement system, give a definition for this concept, identify the problematic questions related to its implementation and to suggest methods for their resolution. The author gives the view of the historical formation of the punishment execution system in Soviet Russia in the form of a militarized organization. It is shown that various sources name gradual demilitarization as one of the directions of improving the penal enforcement system in the current situation. During his work, the author relied on the modern research methods identified and developed by legal theory and tested out by legal practice. To name a few, when analyzing the research subject, he used the specific scientific methods: historical, logical, linguistic, systematic and structural and comparative legal methods. The scientific novelty is due to the fact that this is one of the first works devoted to the comprehensive analysis of the demilitarization of the penal enforcement system of the Russian Federation. The scientific research performed enabled the author to give, on the basis of the analysis of the demilitarization covered in literature, legal and conceptual documents, experience of it implementation in the penal enforcement system and in other types of militarized service in Russia, a wording for its definition and suggest separating out, within the structure of institutions, authorities and pretrial detention facilities of the Russian Federal Service for Execution of Punishment, division of penitentiary police. In this work, the demilitarization of the penal enforcement system is considered three major changes: 1) not building individual divisions, services of institutions and bodies of the penal enforcement system as a state militarized organization: 2) giving up certain law enforcement functions typical of state militarized organizations; 3) not forming the public service in the penal enforcement system as a type of military service. As a result of this research, the author makes the conclusions that certain measures aimed at demilitarizing the penal enforcement system in Russia were taken in the 90s of the 20th century and further steps need to be implemented gradually, in a phased manner. Demilitarization requires great attention because foreign and Russian experience shows that it may result in some negative consequences.

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