Current aspects and problematic issues of the use of a polygraph in public service in modern conditions

Sadekov Rustem Rafekovich ORCID: 0000-0002-2739-5490 PhD in Pedagogy Deputy Head of the Department of Psychological-Pedagogical and Medical Support of the Department of Internal Affairs Activities at the Russian Institute of Officials Training and Education 142007, Russia, Moscow Region, Domodedovo, Fir street, 3 vipk10kafedra@yandex.ru Other publications by this author

Today, in our state, modern information, computer, innovative personnel and psychological and pedagogical technologies are integral strategic components in the organization of the work of the system of state bodies. The urgent task of the staff responsible for the selection of candidates for work and service in the public sector is the application of a set of special measures aimed at preventing infiltration into government structures of persons who may harm the interests of the country and society. It should be noted that the complexity and rather large volumes of detected and incoming information require competent public sector specialists to constantly pay special attention to the security of obtaining, identifying, processing, storing and reliability of data. At the same time, it should also be borne in mind that in each case, unreliable, distorted, incorrect information, mistakenly interpreted by specialists responsible for personnel policy and security, can entail serious legal consequences, damage from which can seriously harm the interests of the service and create a real threat to the national security of the country.

Scientists Bogaevsky V.A., Pechenkova E.A., Dashko M.N., Vinogradov M.V., Ulyanina O.A., Deulin D.V., Parshutin I.A., Andrianova O.Yu., Yeroshenkov N.V. dealt with the problems of legal regulation, organizational aspects, and issues of improving the effectiveness of special psychophysiological studies using a polygraph in their research., Yurina O.I., Lavrentieva I.V. and a number of other authors. In particular, topical issues of the use of a polygraph in relation to candidates entering the service of the internal affairs bodies of the Russian Federation, the effectiveness of such a procedure, the procedural capabilities of a polygraph in the investigation of criminal cases, in operational investigative activities and criminal proceedings were analyzed. Thus, the relevance of our chosen research topic is quite high.

Unambiguously, in order to study the chosen topic, we believe that within the framework of quality assurance of the functioning of the civil service, the reliability, efficiency and accuracy of the information received is one of the foundations for making personnel and management decisions, further building public policy in matters of security. This means that the issue of the reasonable and legitimate use of modern technologies, including a polygraph, related to obtaining comprehensive information about persons applying for a job in the public sector remains relevant.

Personnel risks that can cause critical damage to the interests of the civil service are quite voluminous, and they include the presence of such factors as connections with the criminal world, corruption offenses, the presence of criminal biographies carefully concealed by the candidate in the history of the candidate, etc. This list is quite wide, and therefore polygraph examiners, HR managers, HR directors need to clearly know their powers, be competent, literate and, most importantly, carry out their work in strict accordance with the requirements of the law.

We can focus on one of the examples where the availability of reliable data allows us to draw clear conclusions when considering issues in the anti-corruption sphere. The authors Golovin A. Yu., Bugaevskaya N. V. in their study studied the features of the investigation of corruption crimes, during which they note that corruption covers any abuse of officials committed with a selfish purpose ^[1].  

  Thus, in this area, which is part of the field of ensuring the personnel security of an organization, enterprise, division, verification by responsible specialists of personal data of citizens and access to confidential information, play an important role in preventing the occurrence of adverse consequences, and possibly administrative violations and crimes, which is undoubtedly an important circumstance.

Developing the topic of our work, the opinion of researchers will be useful for specialists of public services. In particular, the author Krasinskaya E.S. ^[2] notes that thanks to the polygraph, as a result of its application, it is possible to solve, among others, the following tasks and achieve goals:

- establishing the suspect's involvement in the commission of a crime, possible accomplices, and their role;

- establishment of hiding places for property obtained by criminal means, weapons, narcotic drugs, etc.;

- establishing the reality of the crime event when interviewing the victim;

- establishing the level of awareness of witnesses about the details of the event in question ^[3].

         Thus, it can be concluded that all of the above indicates the key role of an integrated approach to ensuring security and verifying information in the activities of government agencies and emphasizes the need for continuous improvement of methods, techniques and technologies in this area, one of the working links of which is the use of a polygraph.

However, it should be noted that domestic legislation does not yet contain exhaustive regulatory legal acts that allow using a polygraph to protect government agencies from the penetration of unreliable elements into them, therefore, the employer has to jeopardize the sphere of subjective rights of employees and employees, which causes certain legal problems.

Legal regulation in the field of labor legislation does not properly regulate the use of a polygraph when applying for a job and does not provide legitimate grounds if there are conclusions of a polygraph examiner about the inexpediency of continuing an employment relationship with an employee based on the results of testing, for dismissal in accordance with the established procedure for discrediting circumstances.

Of course, it can be noted that a number of articles of the Labor Code of the Russian Federation contain the concepts of labor regulations, and, in our case, it is possible to interpret the use of a polygraph as an additional tool for the head of the personnel service to regulate the proper performance of subordinates of the organization's labor regulations.

Human resources workers and lawyers often include in employment agreements requirements that employees of government organizations must follow strict compliance with the rules of enterprises and impute in job descriptions a paragraph on passing a polygraph if necessary. Part 4 of Article 29 of the Constitution of the Russian Federation defines the rights of everyone ^[4] to freely seek, receive, transmit, produce and disseminate information in any lawful way. The list of information constituting a state secret is determined by Federal Law ^[5].

In turn, the use of a polygraph in public service should not contradict constitutional requirements. In the meantime, an unambiguous legal position and regulation in relation to the polygraph has not been developed. It should also be noted that there are many methodological problems related to approaches to testing subjects on polygraph devices. So far, the position of the judiciary is also being traced in dynamics, which does not yet fully support the employer in conflict of law issues related to the use of a polygraph 

Speaking of a polygraph, it should be noted that this is a special high-tech equipment that accurately tracks the dynamics of psychophysiological reactions of the examined person in response to presented stimuli (questions asked directly related to an event or fact that is subject to verification), by registering physiological indicators of respiratory organs, cardiovascular system, sweat gland secretion ^[6].

As we noted earlier, the nature of the tasks solved by polygraph examiners is specific and is related to ensuring the security of state structures, decision-making in the framework of screening studies and criminal proceedings^[7].

 For example, a polygraph examiner may investigate the following during instrumental lie detection:

1. Blood pressure: During the test, the polygraph measures changes in blood pressure. An increase in blood pressure may indicate a person's stress or nervousness. It can also be a sign of attempts to hide the truth or deceit. Blood pressure is measured using a cuff that is put on the subject's arm and connected to a sensor, or in a more advanced way, the technical possibility of which is embedded in the model of a modern polygraph device.

2. Pulse: The "lie detector" also monitors changes in the subject's heart rate. An increase in heart rate can mean stress, an agitated state, or an attempt to hide certain information. Special sensors are used to measure the pulse rate, which can be positioned in accordance with the instructions for the polygraph.

3. Breathing: The frequency and depth of breathing can also be measured by a polygraph. Changes in breathing may indicate tension and an attempt to hide information that is undesirable for the person being examined. A special algorithm of a polygraphic device is used to register changes in respiratory activity.

4. Electrical activity of the skin: The polygraph measures the level of electrical activity of the skin, which can change in response to the occurrence of emotional arousal. This may be associated with an attempt to conceal information or commit fraud. Measurements are made using electrodes, which are placed on the body of the subject in accordance with the established procedure.

In other words, based on the above, based on the conducted polygraph examination, the specialist analyzes the physiological parameters during the survey in order to establish the probability that the person was telling the truth or lying. It would seem that the benefits of this procedure are obvious, which is voluntary and does not cause any physical harm to the person being examined.

Nevertheless, its use in the civil service still raises some legal and ethical questions due to the imperfection of this method. A polygraph examiner is not always accurate and can make erroneous judgments, which can lead to incorrect conclusions about the involvement or non-involvement of a person in a particular factor.

Undoubtedly, if we consider the use of a polygraph in public service from a legal point of view, then it should have a clear legislative consolidation. This means that clear legal mechanisms must be established that will determine the conditions and procedures for the use of a polygraph. These rules should contain the formulation of individual cases where the use of a polygraph is allowed, for example, in the law enforcement sphere:

1. Investigation of crimes:

- In the investigation of serious and especially serious crimes, the use of a polygraph may be justified. With the help of this technology, it is possible for law enforcement agencies to collect additional data on the merits of the circumstances of crimes.

- In the framework of a criminal investigation, a polygraph can be used to verify the reliability of the testimony of suspects or witnesses.

2. Issues important for ensuring national security:

- The polygraph can be used for employment or verification of employees who work with confidential information or have access to various forms of state secrets. This makes it possible to verify their loyalty, loyalty and trustworthiness.

- In the investigation of information leaks and espionage, a polygraph can be used to identify possible criminals.

The use of a polygraph in these aspects should be strictly regulated and conducted in accordance with the law in order to ensure the protection of citizens' rights and freedoms and respect for the rule of law.

When discussing the legal regulation of the use of a polygraph in the civil service, we must adhere to positions on restrictions and guarantees for employees who are being tested.

V.I. Mironov identifies the main features characterizing employee guarantees. Thus, they include: the means, methods and conditions established in normative legal acts, agreements, collective and labor agreements that ensure the exercise of citizens' rights in relations within the subject of labor law; direct provision of labor rights provided for in legislation; ensuring the exercise of both non-property and property rights of workers in the field of labor.^[8]

Prizhennikova A.N. notes that employee protection is the weakest (in an economic sense) the parties to the labor relationship are implemented in establishing the principles of legal regulation of labor and other directly related relations (art. 2 of the Labor Code of the Russian Federation) ^[9].

In order to ensure fairness and protection of employees' rights, restrictions and guarantees must be clearly defined. A number of them are being successfully implemented in practice.

First of all, it is necessary to notify employees about the planned polygraph test, which should include detailed information about the procedure, goals and consequences of testing. Employees must be notified by the relevant specialists that polygraph testing is included in the procedure for confirming the veracity of their statements or actions during the performance of their official duties.

Employees should also be given an additional opportunity to study the rules and procedures of polygraph testing in advance so that they are ready for the process and understand what is required of them. This will help to avoid misunderstandings and conflict situations during testing.

It is very important that employees have such an opportunity to ask questions and receive clarifications from lie detector test specialists before the procedure begins.

Such an approach to the case will allow employees to ensure transparency and understanding of all aspects of testing, which, in turn, will contribute to creating an atmosphere of trust and fairness in the process of using a polygraph in public service.

In addition, employees should have the right not to undergo a polygraph without negative consequences for their professional activities. This implies that employees should not be pressured or threatened by their employer or administration if they do not agree to be tested.

In order to avoid possible abuses or violations of the rights of employees, it is also important to develop clear rules and procedures for conducting polygraph tests at the level of the personnel apparatus of a state-owned enterprise. For example, it is possible to consider the inclusion of an independent observer in the testing procedure to increase the objectivity of the process, with the development of appropriate instructions and rules.

And finally, as we noted earlier, the confidentiality of the results of a polygraph test plays an important role in the legislative regulation of its use in public service. The results of the polygraph test contain important information about the personal life and activities of the employee, therefore it is subject to consideration in such a format as confidential information. This information cannot be disclosed without the express written permission of the verified employee.

Maintaining the confidentiality of the lie detector test results helps to ensure the protection of the employee's private and personal life. The disclosure of such information without his permission may lead to negative consequences for his business reputation, as well as to infringement of his rights to protect personal data.

The author Abramova A.V. cites such an important aspect that when receiving information from participants in criminal proceedings, the investigator, the inquirer, the court are obliged to guarantee its safety, and are responsible for disclosing such information ^[10].

In this regard, it is important that the legislation clearly defines the requirements for confidentiality of information about the results of polygraph testing and provides for liability for their illegal disclosure.

Thus, these restrictions and guarantees are necessary in order to ensure the objectivity and protection of employees' rights when using a polygraph in public service.

Therefore, it is worth noting that such a view will ensure respect for the rights and freedoms of employees, protection of their privacy and prevention of possible abuse when using a polygraph in the civil service.

Ethical issues also play an important role in discussing topical issues of the use of a polygraph in public service. The following principles should be considered:

1. The principle of fairness: According to this principle, the use of a polygraph in public service should not contradict the law and should be fair and equitable. This means that no one can be discriminated against or abused on the basis of race, gender, religion, nationality or other personal qualities.

2. The principle of confidentiality: According to this principle, information obtained with the help of a polygraph should be considered confidential and should not be disclosed without obtaining the consent of the subject. This is necessary to protect the privacy and confidentiality of citizens.

3. The principle of personal dignity: According to this principle, when using a polygraph, the dignity of all tested persons should be respected and protected. This indicates that testing procedures should be conducted with respect for the person and without violating his rights, freedoms and interests.

At the same time, in our opinion, it is always important to ensure reliable protection of citizens' rights from possible abuses by government agencies when using a polygraph. And for this, we believe that the essential mandatory steps and procedures for the use of a polygraph must be observed.

 They include:

- Mandatory consent of the subject: this implies that before starting a polygraph test, written consent must be obtained from the person in respect of whom the test will be conducted. This ensures that the procedure will be carried out exclusively with the consent of the subject and will not violate his rights to privacy and personal dignity.

- Ensuring independent monitoring of the testing process: To ensure the integrity and objectivity of the procedure, it is important to organize independent support of the testing process. For example, it may be an employee of an independent organization or an employee of a legal service who will be personally present during the testing. This will prevent possible abuse by those who organize and carry out testing.

- Creation of mechanisms to control the possible misuse of the instrument: To prevent the misuse of the polygraph, mechanisms should be established to control its use. This may take the form of regular inspections and audits of polygraph application procedures, as well as the introduction of liability for its misuse. Such mechanisms prevent abuse and preserve the integrity and transparency of the procedure.

- The possibility of appealing the test results and protecting the rights of citizens from misuse of the information received: the subject should be given the opportunity to appeal the test results and protect their rights in case of improper use of the information received. This implies the establishment of a procedure for appealing the results and legislative guarantees for maintaining the confidentiality of the data received in order to exclude their misuse.

- Training and certification of testing personnel: It is necessary to make sure that the specialists conducting polygraph testing have received special training, training and certification. This approach is a guarantee of their professionalism, their knowledge of ethical norms and rules of testing, which ultimately contributes to the honesty and objectivity of the procedure.

Thus, in order to ensure the protection of citizens' rights from possible abuse of the polygraph, strict corporate rules and procedures for its use should be established, including obtaining the voluntary consent of the test taker, conducting independent monitoring of the verification process and other important aspects.

It is also important in the process of professional training of polygraph examiners to take into account the fact that currently special importance is attached by the state to improving the level of education, legal culture, and professional competence of police officers in the performance of their official duties provided for by federal legislation in this area ^[11].

If we analyze the international practice of using a polygraph in some countries, it can be noted that there are various approaches to the use of a lie detector in public service. In some countries, for example, in the USA, the polygraph is used in a strict manner, it is regulated and used only in certain cases, for example, when checking law enforcement agencies or in investigations related to national security. This is due to the fact that in the United States there is legislation regulating the use of a polygraph and the protection of employees' rights.

In Israel, the use of a polygraph can be more extensive, for example, when recruiting law enforcement officers. In this case, legislation may provide for a broader scope of use of the polygraph and its application in various areas of public service.

Kudryavtsev D.S. in his work cites the experience of using a polygraph in almost all law enforcement agencies of the Republic of Belarus, as well as in the State Committee for Forensic Examinations, where its capabilities are used in conducting psychophysiological research. This type of examination is carried out in the presence of irremediable contradictions in the testimony of participants in the criminal process (witnesses, victims, accused, suspects) or in the case of a contradiction between their testimony and other evidence in the case. The task of the expert is to identify in the person under study signs of information hidden at the level of psychophysiological reactions about events of interest to the preliminary investigation body^[12].

The above examples deserve the attention of specialists in the field of lie detection and provide an opportunity to rely on existing practical developments in the international format of using a polygraph, however, speaking about the legislation of the Russian Federation at the present time, we cannot simply take and copy existing approaches for a number of objective reasons and circumstances related to the specifics of the state structure, the peculiarities of the mentality of the population of our country and the rules of law. We have serious work to do on the development and implementation of national legal mechanisms that allow us to use the information obtained as a result of polygraphic research to make various procedural decisions.

It should be noted that the complexity of the issue lies in the fact that a polygraph cannot be an absolutely reliable tool. Its indications during the analysis and interpretation by specialists may be subject to errors and distorted under the influence of factors such as stress, excitement or physiological characteristics of a person. This situation raises the issue of the right to privacy and the protection of personal data of employees and employees.

Also, additional problems associated with the use of a polygraph include the possibility of interference in the privacy of employees and employees, as well as potential errors in the interpretation of test results by specialists. In addition, it is necessary to take into account the circumstances that the use of a polygraph can contribute to the creation of a negative working environment and cause employees to distrust, which can negatively affect their performance and motivation level. In this regard, the algorithm of application of these technologies should be strictly professional, business and confidential, ensuring respect for the rights and freedoms of the surveyed persons.

In conclusion, it should be noted that the issues of using a polygraph in public service, from the point of view of the public, lawyers, the scientific community and practice, have various problematic sides, and the discussion on this topic continues.

The polygraph, through the experience of its application, legal support and regulation, undoubtedly should and can become a useful tool for specialists in order to confirm the reliability of information and ensure safety, and, of course, we note that the use of this technology requires clear legal regulations, consideration of ethical aspects and protection of constitutional and labor rights of citizens at the appropriate legislative level.

Continuing to work in this direction, it is necessary to form a well-founded position of the professional community of polygraph examiners, taking into account the realities of today.

In this regard, undoubtedly, the work needs to be continued, probably to form an expanded working group of specialists and experts, from among the most reputable polygraph practitioners and scientists, in order to develop a balanced position, and its subsequent legislative consolidation in terms of organizational and legal regulation of the use of a polygraph in public service.