Discretionary authorities of employees of criminal-executive system when applying safety measures
The article discusses the discretionary powers of the penitentiary system when applying security measures (physical force, special means and firearms). The author compares the concepts of "discretion", "discretionary power" and "discretionary authorities". The article analyzes Art. 85 of the Penal Code, Section V of the Law of the Russian Federation "On institutions and bodies that carry out criminal sentences of imprisonment" for the presence of structures with discretion, that is, the possibility for employees to act within the framework of this rule at their discretion. Special attention is paid to assessing the circumstances preceding the application of security measures, as well as the onset of adverse effects if delayed in their application. The possibility and consequences of using any improvised means with the necessary defense, in case of emergency or when detaining a person who escapes from a penitentiary institution, pre-trial detention center or other crime are analyzed. On the basis of judicial practice, the powers of employees to assess the degree of threat to public relations protected by law, the intensity of the application of security measures, and the possibility of choosing a specific security measure are examined in detail.