Penitentiary Policy as a Component of Social Control.

Abstract

The academic discourse of the early 1970s put interdisciplinarity on the agenda, the subject of which was deviance and crime. For half a century, the categories "deviant", "public penitentiary policy", "social responsibility of the state" and related categories have become the subject of official public political discourse. At the same time a comprehensive study of social control policy in political science has not shaped.

Changing the discourse of penality in the late XX century reflects the dominance of the ideology of social defense in relation to deviant behavior and appropriate methods of ensuring social order. In accordance with the realities of the XXI century, the concept of protection (security) of society has been updated as a political priority. Declared "apolitical" classical justice have undergone a transformation of meanings. "Justice" has been replaced by managerial indicators of "economically justified social security", and "justice" itself by "social control" (since the late 1990s – "socio-technological control").

The dissertation substantiates the concept of the panoptic-carceral state, the functions of which are reduced to maximum social control of the population through its widespread use by institutions of imprisonment, the spread of non-institutional forms of restriction of liberty (including those not related to criminal justice) and digital control practices.

The dissertation clarifies the consequences of the global impact on the state penitentiary policy: 1) transformation of social control according to the scheme "binary code of legality - disciplinary mechanism - security device" to the level of the fourth modulation (panoptic risk modulator), which is manifested in the creation of a system of panoptic spatial-virtual risk management, which consists in controlled and cost-effective reproduction of deviance as a product with appropriate commercial characteristics and qualities; 2) the transformation of the "criminal law of freedom" into the "criminal law of risks" and the involvement of civilian instruments in social control, as a manifestation of clarifying the political and legal principles of formation and implementation of penitentiary policy of the world; 3) differentiation of penitentiary practices of European and North American countries, penitentiary policy of Muslim countries, countries of South America and the Caribbean; 4) involvement of private actors in the implementation of penitentiary policy and demonopolization of the state's right to determine the principles of social control in open societies; 5) the creation by private national and transnational actors of territories of social control (prison-industrial complexes) that are not controlled by the states and constitute the possibility of forming private solitary quasi-states with the use of forced labor of prisoners.

The dissertation formulates probable scenarios for the evolution of social control policy in the global and national dimensions, among which the most probable is the following. Given the persistence of modern global trends, we should expect a decrease in the number of social control centers, including TNCs, leading countries, global cities that will compete for resources, including the creation of prison-industrial complexes, migration centers, and other institutions, which are focused on maintaining marginalization of persons who are identified as dangerous elements of society.

The dissertation introduces the concept of quasi-deviant as a special collective object of social control in the XXI century with the key characteristic "dangerous condition of the person" (pericolosità).

The author identified the policy of probation as a component of the concept of "penitentiary policy" in the light of the concept of "punitive city" and as an element of the panoptic-carceral state of the XXI century.

The author proposed the category of penological pessimism as a fundamental characteristic of social control in the XXI century due to the crisis of paradigms of general prevention and rehabilitation of deviants, as a result of which the category of active penological pessimism was formulated for the first time as a basis for studying the essence, forms and manifestations of social control in the XXI century.

The dissertation establishes the supranational nature of modern penitentiary policy and identifies the factors influencing the spread of the phenomenon of supranationalization of penitentiary policy, as well as establishes the relationship between privatization and supranationalization of penitentiary policy.

The dissertation formulates the principles, forms and consequences of the formation and implementation of the Ukrainian penitentiary policy (1991 – 2021), which is defined in the form of a system of quantitative and qualitative indicators.