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has been replaced by managerial indicators of «economically justified social security»,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 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.
Key words: prison privatization; prison corporations; prison industrial complex;
globalization; deviants; deviant behavior; crisis of the rehabilitation ideal; mass social
control; penitentiary policy; penitentiary system; penality; rehabilitation of criminals;
freedom; social responsibility of the state; social control.
