Efficiency and Functionality of Public Control over Penal Enforcement System Activities: Discussing the Essence and Identifying

Introduction: studying issues of qualitative public control over activities of places of forced detention is very relevant for the modern state, since it contributes to ensuring the rights and freedoms of an individual as the highest value, effective functioning of the penal enforcement system, reducing corruption, developing an open state and increasing the level of trust in the law enforcement system. Method: dogmatic analysis of scientific categories, formal legal analysis of existing regulations. Results: traditional approaches to assessing performance of certain subjects are not quite suitable for public control, including over activities of the penal enforcement system. It is proposed to evaluate functionality of public supervisory commissions, that is, assess indicators of their activities in the performance of their functions. Attention is also drawn to the fact that the functions of public supervisory commissions stem from the purpose of their existence and tasks of their activities. The formulations of the goals and objectives contained in the current law “On public control over ensuring human rights in places of forced detention and on assistance to persons in places of forced detention” do not correspond to the social purpose of public supervisory commissions and require improvement. Conclusions: the author proposes to evaluate performance of public supervisory commissions through the prism of their functionality, assessing not only quantitative characteristics of their activities, but also qualitative performance indicators, including characteristics of their composition, complexity and systematic work, involvement of members of public supervisory commissions in the activities carried out, flexibility of the public control system and availability of information about it. The choice of criteria and specific evaluation indicators requires further discussion. It is also suggested to improve regulation of the goalsetting activities of public supervisory commissions as subjects of public control.