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While serving his sentence in the Romenska Correctional Colony № 56, and since 08.12.2017 in the Petrivska Correctional Colony № 49, T., strictly adhering to the unwritten norms and rules of conduct provided for by the special thieves’ code – the so-called “ponatiya” in prison, gained authority among convicts of a negative orientation as a person who leads a “correct” lifestyle in the “thieves’ traditions”.
Taking into account T.’s desire to establish control over the convicts serving their sentences in the Petrivska Correctional Colony № 49 and his personal qualities, in April 2020, during a secret criminal meeting (shodka) held in this institution, with the participation of representatives who exercised criminal influence both on the territory of this institution and outside it, including the illegal use of mobile communications, it was decided to “appoint” T. to the status of a person who is a criminal authority authorized to supervise the observance of the unwritten laws of behaviour generally accepted in criminal circles, the so-called “smotryaschiy» for the Petrivska Correctional Colony № 49.
This institution is a maximum-security colony with ordinary living quarters. Like other correctional colonies, it has a certain way of life for convicts, its own unwritten prison rules (“ponyatiya”) and its own hierarchy of the prison world – a parallel vertical of power, with leadership positions held by “blatnyi”, i.e. convicts who live by “ponyatiya’s” and who include, in particular, “smotryaschiy”.
It is they who, acting according to the “ponyatiya”, manage the team of convicts, control their compliance with thieves’ traditions, a certain way of life in captivity, resolve disputes and conflicts, are responsible for the situation in correctional facilities, coordinate criminal activity, control the accumulation and retention of funds and property, the so-called “thieves’ obschak” (informal common fund), and their distribution among convicts.
Having assumed full informal power over the prisoners on the territory of the Petrivska Correctional Colony № 49, having worked out the generally defined rules of conduct in accordance with the “thieves’ laws” T. both personally and through proxies, convicts Ch. and D., whose criminal nicknames are “Fish” and “Boomer” respectively, systematically, during the term of his sentence, carried out criminal activities against them:
– strict control over the fulfilment of the thieves’ rules and duties of prisoners in the institution;
– organizing and conducting card games for money on the territory of the institution;
– performing the functions of collecting and distributing the funds, including the funds obtained by criminal means collected from the card games, replenishing the so-called criminal “common fund” with them and further directing them both to support the functioning of the criminal elements on the outside and to spread his criminal influence and authority among the prisoners of the colony;
– keeping the so-called “accounting” for this purpose – accounting, receipt and expenditure of the above funds, by making the relevant records;
– assigning convicts to criminal castes (“vagrants”, “men”, “goats”, etc.), transferring them to a lower caste for committing actions that go beyond the limits of thieves’ morality;
– ensuring that prohibited items, objects, substances, as well as tobacco products, food and mobile phones, are brought to the territory of the institution and distributed among convicts who led a “correct” lifestyle in his understanding of “thieves’ traditions”;
– resolving disputes between prisoners in terms of unwritten criminal “laws”, determining the validity of claims, deciding on the need to punish the perpetrators and what kind of punishment they should receive, thus acting as a “magistrate”.
Thus, having established generally applicable rules of conduct among convicts on the territory of the correctional colony and demanding their unconditional observance by these persons, committing the above illegal actions both personally and through Ch. and D., T. in the period from April 2020 to the present, due to his authority, other personal qualities and capabilities, facilitated, encouraged, coordinated and influenced criminal activities, organized and directly carried out the distribution of funds, property and other assets aimed at ensuring such activities, that is, intentionally established and spread criminal influence in the penitentiary institution, namely on the territory of the Petrivska Correctional Colony № 49.
There are documented facts of T.’s influence on prisoners and the need for them to comply with thieves’ laws, behaviour and moral standards, threatening them with beatings in case of non-compliance.
Thus, on 26.10.2020, T., dissatisfied with the behaviour of a group of prisoners, conducted “educational” work with them, using foul language and threats:
“Why are you dishonorable? Because you ignore the word of the brothers” …, ”You b**** want to say that you are decent? If you ignore the word of the brothers … everything must be determined, you f***** bastards … I’ll tear your f****** as***** apart.”
30.10.2020 T. uses swearing and threats to “educate” the prisoner: “I’ll f**** you up, I’ll beat you until you tell me… everything is going to be a b***”, “Now I’ll tell the men, they’ll beat you with hammers”.
01.11.2020 T. is dissatisfied with the prisoner’s behaviour and threatens to take punitive measures: “If I turn on the life to the fullest, you will be with me all the time”, ‘You will now get for your behaviour … for you to understand the procedure … respect the brothers … I am worried about everyone … for everyone in general, I am pedalling with the cops on occasion and without reason … the approach will be tough, it should be like that in life …’.
Guided by Articles 349, 369, 374, 376 of the CPC of Ukraine, the court sentenced:
T. to be found guilty of committing criminal offenses under Part 2 of Article 255-1, Part 2 of Article 307 of the Criminal Code of Ukraine and to determine the final sentence of 9 years in prison with confiscation of property.
27.12.2023
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