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Vol. 41, Nº 76 (2023), 367-377
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Criminological Principles of Preventing
Professional Deformation among
Penitentiary Personnel
DOI: https://doi.org/10.46398/cuestpol.4176.21
Yan
Streliuk
*
Dmytro
Kolodchyn **
Oleksandr
Mykhalik ***
Kostiantyn
Podliehaiev ****
Andrii
Bohatyrov *****
Abstract
The purpose of the research was to know the most signicant
personal and functional determinants of the professional
deformation in the penitentiary sta. The importance of legal
and moral awareness for the performance of operational and
service activities, correction and resocialization of convicts is
substantiated. It has been proved that a professionally deformed employee
knows the legal and moral norms, but complies with them subjectively and
arbitrarily and justies his actions with various circumstances related to the
specics of the psychology and behavior of convicts. The methodological
basis of the research is presented as comparative-legal and systematic
analysis, formal-legal method, method of interpretation, hermeneutic
method, as well as methods of analysis and synthesis. The conclusions
identify socio-psychological measures aimed at the prevention of
professional deformation of prison sta, among which are: improvement of
the system of training, education and professional development; formation
and maintenance of a sense of security, condence in the usefulness and
fairness of work. In addition, careful selection of personnel should be
carried out taking into account the business qualities and especially the
moral qualities of employees, etc.
* Doctor of Juridical Sciences, Professor of Law Enforcement and Anti-Corruption Department Prince
Vladimir of the Great Interregional Akademy of Personnel Management. Ukraine. ORCID ID: https://
orcid.org/0000-0002-4209-2017
** Candidate of Juridical Sciences, doctoral student of the Law Enforcement and Anti-Corruption
Department Prince Vladimir of the Great Interregional Akademy of Personnel Management, Ukraine.
ORCID ID: https://orcid.org/0000-0002-0820-4409
*** Doctor of Juridical Sciences, Candidate of Juridical Sciences. Professor of Law Enforcement and Anti-
Corruption Department Prince Vladimir of the Great Interregional Akademy of Personnel Management.
ORCID ID: https://orcid.org/0000-0003-1675-8433
**** Associate Professor of the National Security Institute of Law Vladimir of the Great Interregional
Academy of Personnel Management, Ukraine. ORCID ID: https://orcid.org/0000-0003-0053-3563
***** Doctor of Juridical Sciences, Prosecutor of the Kozelets District Prosecutor's Oce. Ukraine. ORCID
ID: https://orcid.org/0000-0003-2707-8978
368
Yan Streliuk, Dmytro Kolodchyn, Oleksandr Mykhalik, Kostiantyn Podliehaiev y Andrii Bohatyrov
Criminological Principles of Preventing Professional Deformation among Penitentiary Personnel
Keywords: professional deformation; personal determinants; extreme
psychological overload: crime prevention.
Principios criminológicos para prevenir la
deformación profesional del personal penitenciario
Resumen
El objeto de la investigación fue conocer los determinantes personales y
funcionales más signicativos de la deformación profesional en el personal
del ámbito penitenciario. Se fundamenta la importancia de la conciencia
jurídica y moral para el desempeño de las actividades operativas y de
servicio, corrección y resocialización de los condenados. Se ha comprobado
que un empleado profesionalmente deformado conoce las normas legales
y morales, pero las cumple de manera subjetiva y arbitraria y justica su
actuar con diversas circunstancias relacionadas con las especicidades
de la psicología y conducta de los condenados. La base metodológica de
la investigación se presenta como análisis comparativo-legal y sistemático,
método formal-legal, método de interpretación, método hermenéutico,
así como métodos de análisis y síntesis. En las conclusiones se identican
medidas sociopsicológicas dirigidas a la prevención de la deformación
profesional del personal penitenciario, entre las que se encuentran: mejora
del sistema de formación, educación y desarrollo profesional; formación
y mantenimiento de un sentido de seguridad, conanza en la utilidad y
equidad del trabajo. Además, se debe llevar a cabo una cuidadosa selección
de personal teniendo en cuenta las cualidades empresariales y especialmente
las cualidades morales de los empleados, etc.
Palabras clave: deformación profesional; determinantes personales;
sobrecarga psicológica extrema: prevención del delito.
Introduction
We consider the criminal-executive activity of penitentiary personnel
from the point of embodying legal reality, which is saturated with social
and psychological phenomena. This includes psychology of communities
and groups, and psychology of an individual who lives and acts in a certain
group, and the system of his/her relationship with the law. And that is why
most of the problems of criminal-executive activity can be solved only in the
aggregate of its legal and psychological and pedagogical support.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 367-377
In the process of professionalization, penitentiary personnel acquire not
only specic skills and abilities, but also adopt the values, attitudes, and
rules of behavior typical for holders of a certain profession, marking them
out of the society into a certain corporate group. Gradually, professional
activity more and more absorbs the personality of penitentiary, and
therefore, over time, the moment of no return comes, when the individual is
no longer able to separate himself/herself from the profession, the view of
the world is carried out exclusively through the prism of the profession, and
personality’s identication himself/herself with the profession becomes
one of the most important steps in the process of self-determination of the
individual.
1. Literature review
Sokolov Ivan notes that long-term occupation of the same activity can
be complicated through excessive development of individual qualities
which leads to reassessment of the personal content of the profession;
formed are such properties as aggressiveness, suspiciousness, excessive
ambition, apathy, indierence to human distress, unreasonable arrogance
and admiration for power, misunderstanding of the sense of duty, rigid
professional attitudes etc. (Sokolov, 2005).
By the way, another foreign scientist O. M. Stoliarenko adheres to the
idea that professional activity is introduced into the system of social and
psychological relationships, and the negative product of wrong construction
of these relationships by a specic employee may lead to a deviant
professional behavior (abuse of power, corruption, etc.) and professional
deformation of the personality (Stoliarenko, 1987).
At the same time, when investigating professional deformation
among the employees of penitentiary institutions the domestic scientist
V. S. Medvedev proves that such deformation is most expressive in
reproduction and application of social experience. The rst way lies in
psychological perception of oneself in other people, with whom personality
is connected by the type of his/her activity and other constant relations.
The second way concerns personality’s reproduction of deformed ideas
about the ways and means of performing activities (Medvedev, 1992).
That is why the problem of professional deformation among
representatives of penitentiary personnel should be considered in the
aggregate of both psychological and legal support, and in connection with
this it presupposes three components: specic activity; special type of work;
social and psychological character.
370
Yan Streliuk, Dmytro Kolodchyn, Oleksandr Mykhalik, Kostiantyn Podliehaiev y Andrii Bohatyrov
Criminological Principles of Preventing Professional Deformation among Penitentiary Personnel
Among the most important problems related to professional
deformation of penitentiary personnel representatives the following
should be highlighted: improper regulatory and legal regulation of legal
status and service procedures; overtime psychological stress caused by an
increased level of crime in institutions; the negative inuence caused by the
environment of both those who are serving punishment and other already
professionally deformed employees.
Therefore, the purpose of this article is to formulate legal principles of
preventing professional deformation among penitentiary personnel (such
principles are manifested in the explanation of professional deformation
essence, its negative impact on eective functioning of the penitentiary
system in general and its personnel in particular), as well as to identify the
determinants of this negative phenomenon in order to develop appropriate
prevention measures.
2. Materials and methods
The research is based on the work of foreign and Ukrainian researchers
on methodological approaches of understanding prevention of professional
deformation among penitentiary personnel.
With the help of the epistemological method, the essence of preventing
professional deformation among penitentiary personnel was claried,
thanks to the logical-semantic method, the conceptual apparatus
was deepened, the essence of the concepts of preventing professional
deformation among penitentiary personnel was determined.
In order to get an idea about the extent of professional deformation
among penitentiary personnel during the last ve years, we analyzed
statistics, which is not, unfortunately, based on all canons of statistical
generalization, since we were not able to access all blocks of information.
However, thanks to the existing data, we managed to analyze some of the
modern reasons for manifestation of professional deformation among
personnel of penitentiary institutions.
3. Results and discussion
We found that such reasons include the following: unfavorable individual
psychological characteristics; conict situations at work and in the family;
improper control over employee’s behavior during the performance of
operational tasks as well as during o-duty hours; non-implementation of
preventive psychological and preventive measures by the management of
all levels of the Ministry of Justice of Ukraine (Bohatyrov, 2016).
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 367-377
In 2017, the “Intellect” Scientic School conducted an independent
survey of convicts in correctional camps in Kyiv, Odesa, Kherson, Cherkasy,
and Chernihiv regions regarding violation of their rights and legitimate
interests by penitentiary personnel, including in particular: torture,
violence, humiliation of their honor and dignity.
According to respondents the main reasons, are as follows: 1) impunity
and, as a result, the permissiveness of penitentiary personnel members who
use illegal methods at work (58%); 2) low professional and cultural level
of personnel at penitentiary institutions (26%); 3) improper selection of
candidates for work with convicts, which results in admitting persons with
propensity for violence to personnel members of penitentiary institutions
(41 %) (Bohatyrov, 2016).
It is appropriate to note that penitentiary personnel members are forced
to constantly communicate with criminals - persons with an antisocial
psyche, deformed consciousness and low morals. Thus, in order to predict
possible behavior of a certain convict, the employee needs not only to
know this convict perfectly, but also to be constantly for a long time in the
environment of the criminal element, to feel his/her condition by means of
partially recreating his/her life activities.
This process of being used in the role of a convict necessarily leaves an
imprint on the employee himself/herself, his/her individual development
as a personality. Indeed, most employees of correctional camps (prisons)
psychologically almost do not dier from convicts. This phenomenon is
mostly observed in prisons away from cultural centers, which is explained
by the absence of psychological rest through moral and cultural diversity.
Therefore, the long-term poor communication with people from other
spheres of the society contributes to personality’s obvious signs of
professional deformation.
According to the available domestic studies, after summarizing
their results, we came to the conclusion that the content of professional
deformation of penitentiary personnel can be divided into 2 groups:
1. Personal group, determined by socio-psychological characteristics
of penitentiary personnel. By the way, expediency of singling out
this group is supported by foreign scientists who believe that the
main cause of professional deformation consists in discrepancy
between individual psychological characteristics of the personality
and the level of requirements set by his/her professional activity,
which increases importance of professional psychological selection
(Silverman, 1989).
2. Professional group, stipulated by the socio-psychological nature
of professional activity, specics of work performed by personnel
at penitentiary institutions, as well as by emotional burnout. This
372
Yan Streliuk, Dmytro Kolodchyn, Oleksandr Mykhalik, Kostiantyn Podliehaiev y Andrii Bohatyrov
Criminological Principles of Preventing Professional Deformation among Penitentiary Personnel
group is also supported by foreign scientists (Furnham and Miller,
1992). At the same time, the specicity of professional activity is
usually understood by scientists as negative features of its content,
organization and conditions, as well as repeated repetition of typical
ocial and psychological situations.
We consider it expedient to consider them in detail in order to more
widely reveal their essence for a deeper understanding of professional
deformation among members of penitentiary personnel.
So, the rst group is characterized by normalization of an individual’s
behavior and determines eectiveness of his/her social identication, self-
actualization and activity. That is why, in the context of professional activity
among representatives of penitentiary personnel, such basic normative
systems of behavior regulation as morality and law acquire signicant
importance. The phylogenetic integration of these systems is revealed
through their functional cognitive-evaluative, normative-regulatory and
value-oriented unity.
Compliance with regulations by penitentiary personnel representatives
is based not only on the external inuence of their performance of ocial
duties, but can also be an internal aspect of their activities. The possibility of
internal assimilation of morality and law as imperatives is caused precisely
by the fact that they are generally accepted values.
According to the foreign scientist Boiko, it is moral defects and personal
disorientation that are a prerequisite for professional deformation. A moral
defect is due to inability to supplement work with such moral categories as
conscience, virtue, respectableness, honesty, respect for rights and dignity
of other persons, and at that formation of emotional burnout is facilitated.
Probability of indierence to the subject of activity and apathy to the
performed duties is increased (Boiko, 1996).
Moral and legal consciousness is knowledge of moral and legal norms,
principles, practice of moral and legal relations. In the sphere of morality,
knowledge of norms is mandatory, because only in this case they act as
a prerequisite for moral responsibility of an individual both to morality
(the society) and to his/her own conscience. Moreover, conscience is an
expression, a manifestation of moral and psychological self-regulation,
self-determination of individual’s behavior (Tylchyk et al., 2022).
Therefore, penitentiary personnel representatives in the modern society
constantly learn legal and moral norms through socialization, they form an
attitude to legal or moral requirements, accept or reject these requirements,
passing them through their consciousness, that is, they evaluate the
requirements, applying in practice those of them that they consider to be
priority in view on their signicance. Therefore, the evaluation function is
common to all elements of legal and moral systems.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 367-377
It should be noted that violations of the regulatory and legal regulation
of ocial activities are quite diverse. One of the characteristic violations in
daily activities of penitentiary personnel is legal nihilism which is the most
dangerous and widespread phenomenon in the legal space. Legal nihilism
indicates an extremely negative attitude towards any generally accepted
socially important values (Villasmil-Espinoza et al., 2022).
It seems that moral norms play a role which is never less important than
that of legal norms in activities of penitentiary personnel. It can even be
argued that implementation of legal norms necessarily involves analysis
of a legal fact through the corresponding ethical system of the individual’s
constructs. This is determined by the fact that the law is ethical in its
essence, and the content of legal norms due to their universality necessarily
implies its ethical and value aspect of interpretation.
From the point of view of positive law, if there is a real threat to life of
penitentiary personnel members, they have an opportunity to use special
means (rubber truncheons, lachrymatory agents, handcus, etc.) against
attackers. The ethical content of implementation of this right involves
taking measures to avoid use of special means (in the presence of a full
legal possibility), which are not provided for by the norms of law, but are
provided for by one’s own understanding of a certain eectiveness of the
situation and the value of someone else’s life and health.
Thus, each area of legal practice has specic features of law enforcement
and, accordingly, should contain a specic system of ethical norms. We
believe that with the help of law and morality, a certain order is maintained
among penitentiary personnel members, and the guaranteed safety of both
the personnel and the convicts is ensured.
Summarizing the group of personal causes of professional deformation
among penitentiary personnel, it should be emphasized that they consist in
insucient education of moral imperatives during personnel training; low
legal culture; hypertrophy of ocial powers; peculiarities of interpretation
of the law by employees, given that they mainly deal with violations of laws,
various social anomalies and criminals (Matviichuk et al., 2022).
The second group is characterized, rst of all, by penitentiary personnel
working conditions which are associated with impact of extremely
unfavorable factors including excessive tension, stressogenic conditions,
extreme conditions and psychological overload. Unfortunately, the listed
factors take place among penitentiary personnel continuously and are
mainly related to convicts’ violation of the established order of serving the
sentence.
Their presence among young employees during the period of adaptation
to the conditions of service in penitentiary institutions (prisons) signicantly
aects the state of their physical and mental health.
374
Yan Streliuk, Dmytro Kolodchyn, Oleksandr Mykhalik, Kostiantyn Podliehaiev y Andrii Bohatyrov
Criminological Principles of Preventing Professional Deformation among Penitentiary Personnel
Although with the increase of the term of service and accumulation of
proper experience in relationships with convicts, this inuence decreases,
but this does not reduce the gradual accumulation of mental tension in
the employee’s personality structure, which leads at a certain stage to
more serious consequences than temporary loss of work capacity. Among
them, researchers note signicant changes in the nature of professional
motivation, the level of work capacity, narrowing of communication ties
with others, etc. (Kobrusieva et al., 2021).
Also, mental tension of penitentiary personnel aects the nature of
interpersonal relations among members of this personnel, and in general,
social and psychological situation in the team. In its turn, an unfavorable,
conict situation leads to an increased stressful eect on employees.
Separately, it is worth paying attention to the problem of emotional
burnout of penitentiary personnel members based on the fact that, according
to modern ideas, the phenomenon of emotional burnout is typical for
persons working in the social sphere, and is produced as a person’s reaction
to constant stressful stimuli in situation of professional communication.
Burnout is a syndrome, that is, a set of individual symptoms. In addition
to emotional disturbances in penitentiary personnel such symptoms mainly
include manifestations of decreased self-actualization indicators, which
lead to deformation, rst of all, of one’s own personal and professional
signicance (Leheza et al., 2022).
And therefore, in a broad sense, emotional burnout appears not only
as fatigue from professional communication, but rather as means of
protection developed by the respective subject of work, which subjectively
allows to maintain the status of “on the other side of the law” in front of a
convicted person; not to accept negative reality closely; to maintain one’s
own positive personal and professional self-esteem; spend one’s own
resources sparingly, etc. Moreover, the more educated an employee is, the
less signs of burnout are present, probably due to the understanding of the
illusiveness and falsity of the specied eects, awareness of his/her own
responsibility for the events of his/her own life (Halaburda et al., 2021).
Conclusions
Therefore, based on the results of the research of the legal basis for
preventing professional deformation among penitentiary personnel,
we suggest taking the following measures to prevent this negative
phenomenon: improvement of the system of training, education and
professional development; formation and maintenance of a sense of
security, condence in usefulness and fairness of one’s work; carrying out
375
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 367-377
a careful selection of personnel taking into account business qualities and
especially moral qualities of employees; improving skills of the management
team in application of progressive forms and methods of work based on the
scientic organization of management; creation of eective organization
of work, working hours of employees with the aim of reducing overload,
physical and psychological fatigue, as well as improvement of personal
qualities of employees, creation of a friendly atmosphere in the team;
establishing interaction with public organizations, the population, convicts
and prisoners, taking into account the norms and principles of professional
ethics, etc.
At the same time, during the research, we established that scientists have
not researched such a factor of professional deformation as presence of a
young employee (a personality who has not yet had time to professionally
deform) in a team of already professionally deformed penitentiary
personnel.
In our opinion, it is the specied factor that should be considered as
a priority, since in fact it is other employees of the institution who are the
source of creating the investigated negative phenomenon, its stimulation
and xation as a personality element of a young employee, in particular,
by imposing certain negative traditions and habits (for example, constant
use of alcohol after daily duty). We consider this vector of research to be
undiscovered and quite promising in the sphere of preventing professional
deformation among penitentiary personnel.
Thus, emotional burnout in penitentiary personnel is a form of
professional deformation of a subject of professional activity, acquired by
this subject as a result of action of protective mechanisms against the psycho-
traumatic inuence of working conditions at penitentiary institutions of the
Ministry of Justice of Ukraine, manifested in a decreased emotional return,
in an eort to reduce professional duties that require emotional costs, as
well as in the desire to justify such actions by means of devaluing activities
and objects of these activities.
Currently, psychological support of service activities performed by
penitentiary personnel is becoming more and more topical. The fact is that
formation of the criminal-executive system is accompanied by a number of
diculties.
These diculties include: unstable socio-economic situation in Ukraine,
humanization of the penal process, determination of the State Criminal-
Executive Service of Ukraine as a separate body of the executive power, the
new criminal procedural legislation based on application of international
standards, a high criminogenic level, and specic conditions of service of
penitentiary personnel. These dicult conditions are a constant source of
stressful eects on personnel.
376
Yan Streliuk, Dmytro Kolodchyn, Oleksandr Mykhalik, Kostiantyn Podliehaiev y Andrii Bohatyrov
Criminological Principles of Preventing Professional Deformation among Penitentiary Personnel
Therefore, any extraordinary events related to the prestige of the
criminal-executive system cause a negative resonance in the society, and
this ultimately has a negative eect on the authority of the entire system of
law enforcement agencies
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Esta revista fue editada en formato digital y publicada
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