3 RESULTS AND DISCUSSION
Starting with the consideration of the issues of the
emergence and development of the legal regulation of
operational investigative activities in the penitentiary
system, it is necessary, in our opinion, to consider a
brief history of the formation of operational units in
places of deprivation of liberty. This need is dictated
by the historical fact that the tasks of operational work
were reflected both in the regulations and in the
organization of the activities of operational units.
Moreover, we believe that the organization and
practice of the work of operational units in the
penitentiary system had and continues to have an
impact both on the normative regulation of their
activities and on the formation of the theory of
operational investigative activities, which from a
scientific point of view reveal and explain the laws of
operational work. In this respect, we agree with prof.
Exarchopulo, who remarks that "during the formation
of the first scientific concepts of criminology (and
later the theory of operational search activity
developed from it - author's remark), and in the
further formation of its theoretical base, accumulated
knowledge and practical experience always were the
objective prerequisites for the development of science
(A. A. Exarchopulo, 2014).
So, based on the results of our previous research
(A.V. Agarkov, 2019), we assume that in the
medieval Russian state and the Russian Empire, there
were no specialized units that carried out operational
work in places of deprivation of liberty. At the same
time, since the middle of the XIX century, prison
officers provided assistance in the fight against crime
to the political and criminal police, which was
provided, in particular, by the relevant instructions
(Z. I. Peregudova, 1992). This is confirmed by
modern researchers (P. E. Shchegolev, 1992), and
"journalistic investigations" of the period under
review, acting as narrative sources (V. M.
Doroshevich, 2019). In turn, the operational covering
up of political criminals in places of detention was
carried out by specialized detective agencies,
generally responsible for countering crimes against
the state. Their activities were carried out on the basis
of closed departmental regulations, however, taking
their organizational isolation from places of
deprivation of liberty into account, they will not be
considered in this work.
Similarly, the operational covering of places of
detention was built in the first years of the existence
of the Soviet state, but its results quickly showed the
inefficiency of this approach. Then, in 1930,
specialized information and investigation
departments were created in the organizational
structure of the territorial bodies of the OGPU (state
security bodies-author's remark) for the operational
maintenance of correctional labour camps, the
number of which sharply increased at that time.
However, despite this, they were part of the structure
of the OGPU, and therefore the normative regulation
of their activities also remains outside the scope of
our work. Only in 1932, as a result of organizational
changes, the information and investigation
departments were subordinated to the security units.
The new units received the names of Secret and
Operational Departments (GARF. F. R-9401sch. Op.
1a. T. 1. D. 2. L. 69), which was soon changed to the
third departments of the ITL (GARF. F. R-9401sch.
Op. 1a. T. 1a. D. 2. L. 80). No normative act
regulating their tasks was issued, and they
themselves, having in their composition
counterintelligence, secret-political, economic,
special and operational departments, carried out
various aspects of operational-search activities, as
well as conducting investigations exclusively on
political crimes.
In 1935, the third departments were created in
colonies and prisons, which completed the formation
of independent operational units in the penitentiary
system of the USSR. Their activities were soon
regulated by the order of the NKVD of the USSR of
April 26, 1935, No. 00159, which regulated the
organization and tactics of working with confidants,
and the order of the NKVD of the USSR of September
14, 1937, No. 00588, which introduced the
Temporary Regulation on the third departments of the
ITL NKVD (GARF. F. R-9401sch. Op. 1a. T. 1. D. 9.
L. 22-24). According to it, the third departments fully
conducted operational and investigative work, and
not always at the necessary level (S. I. Kuzmin,
2020). It also provided groups within the third
departments: counterintelligence, secret-political,
special, accounting and statistical, as well as (what
should be paid special attention to) the department for
combating escapes and the department of criminal
investigation. Thus, it is necessary to state the
normative consolidation of the tasks of prevention
and disclosure of penitentiary crimes. On the one
hand, this corresponded to the leading tasks of the
criminal policy of that time: strengthening the fight
against the remnants of class enemies and raising the
task of educating socialist discipline to a much greater
height (A.V. Sorokina, 2018). On the other hand, this
allows us to come to the extremely important
conclusion that the specific task of operational and
investigative activities to counteract penitentiary
crime and, in particular, to prevent escapes from