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Table of contents

1. Accepted abbreviations
2. The concept of penitentiary law and its place in the system of Russian law (The concept of penitentiary law, its subject and method. Principles of penitentiary law. Principles of penitentiary law. Science of penitentiary law. Subject and system of the course)
3. Sources (forms) of the penitentiary law of the Russian Federation
4. The history of the development of penitentiary legislation (Prerequisites and the initial stage of the formation of penitentiary legislation. Development of penitentiary legislation at the present stage)
5. The concept, goals and objectives of the penitentiary legislation (The concept and content of the penitentiary legislation. Goals and objectives of the penitentiary legislation. The concept, types and structure of the norms of the penitentiary law. and in time)
6. The legal status of persons serving criminal sentences (The concept of the legal status (status) of convicts, its types and structure. The content of the duties and rights of convicts)
7. Institutions and bodies of the state executing criminal penalties and control over their activities (Classification of criminal penalties and the system of bodies and institutions executing them. The penitentiary system of the Russian Federation. The concept and types of control over the activities of personnel of institutions and bodies executing criminal penalties)
8. The concept and essence of the execution of criminal punishment and the corrective effect on convicts (The concept and essence of the execution of criminal punishment. The concept of correction of convicts and its main means)
9. Legal regulation of the execution of criminal penalties not related to the compulsory labor activity of the convicted person (General characteristics of criminal penalties not related to isolation of the convicted person from society (alternative punishments). Execution of penalties in the form of a fine, deprivation of the right to hold certain positions or engage in certain activities, deprivation of special, military or honorary title, class rank and state awards)
10. The procedure and conditions for the execution (serving) of compulsory and corrective labor (Legal regulation of the execution (serving) of compulsory labor. Legal regulation of the execution (serving) of correctional labor)
11. Legal regulation of execution (serving) of restriction of liberty
12. Legal regulation of the execution (serving) of a criminal sentence in the form of arrest (The concept and essence of arrest as a type of criminal punishment. The procedure and conditions for its execution (serving). Features of the execution of arrest in relation to military personnel)
13. Execution of criminal penalties against military personnel (Legal regulation of the execution of restrictions on military service. Execution (serving) of punishment in the form of detention in a disciplinary military unit)
14. The regime in correctional institutions and the means of ensuring it (The concept of the regime in correctional institutions and its essence. The content of the regime in correctional institutions. The means of ensuring the regime in correctional institutions)
15. Legal regulation of labor, vocational education and training of convicts sentenced to deprivation of liberty (Principles and main forms of organization of labor of convicts sentenced to deprivation of liberty. Working conditions of convicts sentenced to deprivation of liberty and its payment. Vocational education and vocational training of convicts sentenced to deprivation of liberty)
16. Legal regulation of the educational impact on those sentenced to deprivation of liberty (Educational work with those sentenced to deprivation of liberty. Measures of encouragement and penalties, the procedure for their application to those sentenced to deprivation of liberty)
17. Ensuring the life of convicts and the conditions for serving deprivation of liberty in correctional institutions of various types
18. Execution of the death penalty
19. Legal basis for the release of convicts from serving sentences and control over probationers (The concept and types of release from serving sentences. Control over the behavior of probationers)
20. International cooperation in the field of execution of criminal penalties

ACCEPTED ABBREVIATIONS

1. Regulatory legal acts

The Constitution of the Russian Federation - The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993

CCP RF - Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ

ITK RSFSR - The Executive Labor Code of the RSFSR of 1924, 1933, 1970 The Executive Labor Code of the RSFSR of December 18, 1970 became invalid on July 1, 1997.

Code of Administrative Offenses - Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ

TK RF - Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ

PEC RF - Penal Code of the Russian Federation dated January 8, 1997 No. 1-FZ

CC RF - Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ

CCP RF - Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ

2. Authorities

GUIN - Main Department for the Execution of Punishments

Ministry of Internal Affairs of Russia - Ministry of Internal Affairs of the Russian Federation

USSR Ministry of Internal Affairs - Ministry of Internal Affairs of the USSR

Ministry of Health and Social Development of Russia - Ministry of Health and Social Development of the Russian Federation

Ministry of Defense of Russia - Ministry of Defense of the Russian Federation

Russian Ministry of Education and Science - Ministry of Education and Science of the Russian Federation

Ministry of Finance of Russia - Ministry of Finance of the Russian Federation

Development of Russia - Ministry of Economic Development and Trade of the Russian Federation

Ministry of Justice of Russia - Ministry of Justice of the Russian Federation

Federal Penitentiary Service of Russia - Federal Service for the Execution of Punishments

3. Other abbreviations

ch. - chapter(s)

SMIC - minimum wage

UN - United Nations

sect.- section(s)

Fig. - picture

RCC - cash settlement center

RSFSR - Russian Soviet Federative Socialist Republic

RF - Russian Federation

SIZO - detention center

the USSR - Union of Soviet Socialist Republics

Art. - article(s)

Table. - table

UIS - penitentiary system

h- part(s)

Topic 1. THE CONCEPT OF CRIMINAL-EXECUTIVE LAW AND ITS PLACE IN THE SYSTEM OF RUSSIAN LAW

1.1. The concept of penal law, its subject and method

At the heart of the formation and development of the legal system of the state, various branches of legislation is the policy of the state, which reflects the principles, strategy, main directions and forms of achieving certain socially useful goals.

Penitentiary policy this is the activity of the state to determine the goals of criminal punishment, the state-legal mechanism for their implementation, the organization of the process of execution of criminal penalties and the application of corrective measures to convicts.

The goals and principles of the policy in the field of execution of criminal penalties are determined by the Constitution of the Russian Federation, the provisions of international legal acts on the treatment of convicts. The strategic line of modern penitentiary policy is the humanization of the execution of criminal penalties, ensuring the rights, freedoms and legitimate interests of convicts.

The main objectives of the penitentiary policy:

1) determination of the goals, principles and general provisions for the execution of all types of criminal penalties, individual measures of criminal law and the application of corrective measures;

2) establishment of a system of legislative and other normative legal acts regulating public relations in the field of execution of criminal penalties;

3) ensuring the rights, freedoms and legitimate interests of convicts, law and order in the field of execution of criminal penalties;

4) determination of the system of institutions and bodies executing criminal penalties, the procedure and conditions for their functioning, exercising control over their activities;

5) determination of the main means of correction and measures for the social adaptation of convicts;

6) development of measures to improve activities and forecast the development of institutions and bodies executing criminal penalties, taking into account the changes taking place in society and the state.

The totality of these tasks determines the content of the penitentiary policy.

The main form of implementation of the penitentiary policy is the normative-legal one - the reflection of the policy in the penitentiary legislation and other regulatory legal acts. This form of implementation of the policy in the field of execution of criminal penalties is covered by the concept of penitentiary law.

The normative-legal form of the implementation of the policy in the field of execution of criminal penalties is the predominant one and is covered by the concept of penitentiary law.

Penal Law is an independent branch of Russian law, which is a system of legal norms governing social relations that arise in the process and regarding the execution (serving) of all types of criminal penalties and the application of other measures of criminal law influence.

The independence of this branch of law is determined by the presence of its own subject of legal regulation and the corresponding method of legal regulation, as well as a separate system of norms.

The subject of penitentiary law (Fig. 1) are social relations that arise in the process and regarding the execution (serving) of all types of criminal penalties, as well as the application and other measures of criminal law influence (for example, probation).

Fig. 1. Subject of penal law

Due to the fact that the criminal punishment itself is the most severe form of state coercion, the main method of legal regulation in penitentiary law is imperative, assuming the inequality of the subjects of legal relations. It is based on the application of authoritative legal prescriptions that do not allow deviations from the rule of conduct clearly established by the normative legal act. Subjects of legal relations have the right to perform only actions that are allowed to them. The main means of influencing social relations here are prohibitions, duties, punishments and other legal restrictions. At the same time, this does not exclude the use in the process of regulating social relations in the sphere of execution (serving) of criminal sentences of a diapositive method based on permissions, equality of the parties, which allows subjects to independently choose their behavior. For example, a convict and other persons have the opportunity to appeal to the court with a complaint against the actions of the administration of an institution or a body executing criminal sentences.

The independence of the branch of law under consideration is also determined by the presence of a system of norms enshrined in the Penal Code of the Russian Federation, other federal laws and other regulatory legal acts (for more details, see topic 2).

Penitentiary law has a close relationship with other branches of law and, first of all, with criminal and criminal procedure law, since they are all united by a common goal (the fight against crime), common principles and methods of legal regulation. Their norms from different positions regulate social relations that arise in the process and about the appointment, execution (serving) and release from criminal punishment. Recognition of the convicted person as a subject of law predetermined the interaction of penitentiary law with almost all other branches of the Russian law system. So, it is connected with constitutional law in matters of establishing the legal status of convicts, with civil law - in connection with the exercise by convicts of their property rights, with labor law - with the regulation of the labor activity of persons serving criminal sentences, with the right of social security - pensions for convicts, etc. .

1.2. Principles of penal law

Principles of penal law these are guiding legal ideas expressing the main legal views of the state on the nature of penitentiary law and the regulation of social relations in the execution of criminal penalties. The principles of penal law are for the first time normatively enshrined in Art. 8 of the Criminal Code of the Russian Federation, and in relation to certain aspects of the execution (serving) of criminal penalties, they are concretized and detailed in the norms of the General and Special Parts of the Criminal Code of the Russian Federation. Taken together, these principles determine both the belonging of penitentiary law to the system of Russian law as an independent branch, and reflect its features, therefore, they distinguish general legal and sectoral principles of penitentiary law. General legal principles - legality, humanism, democracy, equality of convicts before the law. Industry principles - differentiation and individualization of the execution of punishments, the rational use of coercive measures, means of correcting convicts and stimulating their law-abiding behavior, combining punishment with corrective action.

The system of principles of penitentiary law is based on the provisions of international legal acts that define human rights and the rules for treating convicts, and the Constitution of the Russian Federation.

The principle of legality is enshrined in the Universal Declaration of Human Rights (Article 29), in the International Covenant on Civil and Political Rights (Article 2), the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 11), in a number of norms of the Constitution of the Russian Federation (Article 4, 13, 15, etc.). It is expressed in ensuring the rule of law, its priority in relation to other regulatory legal acts in the field of execution of criminal penalties. The rule of law means not only the recognition of the Constitution of the Russian Federation and other legislative acts of higher legal force, their ability to establish initial, primary norms of legal regulation in the area under consideration, but also the unconditional subordination of all convicts, personnel of institutions and bodies executing criminal penalties, other state and public structures, individual citizens to the current penal legislation. Of particular importance is the consolidation at the legislative level of the rights, freedoms and legitimate interests of convicts (Articles 12-15 of the Penal Code of the Russian Federation), which creates guarantees for their implementation in the process of executing all types of criminal penalties.

The principle of humanism is enshrined in Art. 5 of the Universal Declaration of Human Rights, Art. 7, 10 of the International Covenant on Civil and Political Rights, Art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In Art. Article 10 of the International Covenant on Civil and Political Rights emphasizes that "all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". This is due to the fact that the convict is less than other citizens protected from the arbitrariness of the state in the person of employees of institutions and bodies executing criminal punishments, and is more likely to become the object of torture, cruel, inhuman or degrading treatment. Therefore, domestic legislation contains reliable guarantees of individual rights in this area. In particular, in Part 2 of Art. 12 of the Penal Code of the Russian Federation, convicts are guaranteed polite treatment by the staff and non-use of cruel and degrading types of treatment or punishment.

In recent years, a number of legislative acts have been adopted aimed at further implementation of the principle of humanism in the field of execution of criminal penalties. Thus, the Federal Law of December 8, 2003 No. 161-FZ "On Bringing the Code of Criminal Procedure of the Russian Federation and other legislative acts into line with the Federal Law" On Amendments and Additions to the Criminal Code of the Russian Federation "" introduced 65 amendments to the Penal Code RF Most of them are aimed at further mitigation of the conditions for serving criminal sentences, ensuring the rights, freedoms and legitimate interests of convicts.The goals of humane treatment of convicts are reflected in the expansion of their rights guaranteed by law: to provide psychological assistance (part 6.1 of article 12 of the Penal Code of the Russian Federation) to submit proposals, applications, petitions and complaints on all issues of interest to them to any instances (part 1 of article 15 of the Penal Code of the Russian Federation), as well as to consider complaints from convicts against the actions of the administration of institutions and bodies executing punishment in courts without restrictions and in in accordance with applicable law (Part 2, Article 20 of the Penal Code of the Russian Federation); to a personal petition before the court for parole from punishment (art. 175 of the Penal Code of the Russian Federation), etc.

The principle of democracy in the first place means the recognition of the convicted person as a subject of law. The Universal Declaration of Human Rights (Article 6) and the International Covenant on Civil and Political Rights (Article 16) stipulate that "every person, wherever he may be, has the right to recognition of his legal personality." Important properties of legal personality are its recognition and guarantee by the state, i.e. the ability of a person to have subjective rights and legal obligations, as well as the ability to independently exercise them, provided by the relevant state bodies. Today, convicts, being citizens of the state, have the rights and freedoms of a person and a citizen, which, in accordance with Art. 2 of the Constitution of the Russian Federation are of the highest value. In part 2 of Art. 10 of the Penal Code of the Russian Federation determines that in the execution of sentences, convicts are guaranteed the rights and freedoms of citizens of the Russian Federation with the restrictions established by criminal, penitentiary and other legislation of the Russian Federation.

Ensuring the rights, freedoms and legitimate interests of convicts is an important task of the state and society as a whole. Therefore, the principle of democracy is also manifested in the openness of institutions and bodies executing criminal penalties to society. Recently, in connection with the formation of a democratic legal state and civil society, there has been an expansion of the circle of subjects of control activity over the observance of the rights, freedoms and legitimate interests of convicts. This right is granted not only to prosecutors and federal legislative, executive and judicial authorities (Articles 19-22 of the Penal Code of the Russian Federation), but also to the Commissioner for Human Rights in the Russian Federation, Commissioners for Human Rights in the constituent entities of the Russian Federation, as well as members of public monitoring commissions ( article 24 of the Penal Code of the Russian Federation).

An urgent direction in the implementation of the principle of democracy is the wider participation of the public in the work of institutions and bodies executing criminal penalties, and in the correction of convicts. Currently, the State Duma of the Federal Assembly of the Russian Federation is discussing the draft Federal Law "On public control over the provision of human rights in places of detention and on the assistance of public associations to their activities." The adoption of a similar law is provided for by Art. 23 of the Penal Code of the Russian Federation, it determines the procedure for exercising public control over ensuring the rights of convicts in places of deprivation of liberty and a mechanism for assisting public associations in the activities of correctional institutions.

The principle of equality of convicts before the law is established in the Universal Declaration of Human Rights (Article 7), in the International Covenant on Civil and Political Rights (Article 26) and in the Constitution of the Russian Federation (Article 19). It means equality of rights and freedoms of a person and a citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. All convicts serving a certain type of punishment or kept under the same conditions of serving a sentence in a correctional institution, regardless of race, nationality, financial and social status, religion, have a single legal status. Differences in their legal status are due only to such features as gender, age, state of health, and the behavior of the convict in the process of serving the sentence.

The principle of differentiation and individualization of the execution of punishment permeates almost all norms of penitentiary law and makes it possible to ensure the implementation of the goals of criminal punishment in relation to a particular convict. Differentiation and individualization of the execution of punishment is a single, interdependent and interconnected process that allows you to adjust the correctional impact depending on the group and individual characteristics of the convicts. The differentiation of convicts involves their distribution into groups in the process of serving the sentence, primarily on criminal law and penitentiary grounds. It means that various categories (groups) of convicts, depending on the nature and degree of public danger of the crimes they have committed, the form of guilt, the presence of recidivism of crimes, and most importantly, their behavior while serving their sentence, are subject to legal restrictions and means of correction in various volumes. For example, all those sentenced to corrective labor are obligatory involved in socially useful labor in places determined by local governments in agreement with the penitentiary inspections. The differentiation of convicts sentenced to deprivation of liberty is reflected in their classification and distribution by types of correctional institutions (Articles 74, 78 of the Penal Code of the Russian Federation), separate detention (Article 80 of the Penal Code of the Russian Federation) and the creation of different conditions for serving sentences for different categories of convicts (Articles 87, 120 , 122, 124, 127, 130, 132 of the Penal Code of the Russian Federation).

Individualization of the execution of punishment involves, in addition to group characteristics, taking into account the individual characteristics of the personality of the convict, his positive and negative qualities. The activities of the entire staff of institutions and bodies executing punishments, and primarily psychologists and the educational apparatus, are aimed at identifying the socio-demographic and moral and psychological characteristics of the personality of each convict and using them in the process of executing punishment. At the same time, the educational impact on each convict is built taking into account the stimulation and development of his positive qualities and the neutralization of negative ones.

The principle of rational use of coercive measures, means of correcting convicts and stimulating their law-abiding behavior develops the provisions of the principle of differentiation and individualization of punishment and orients the staff of institutions and bodies that execute punishments to implement a comprehensive, balanced impact on each convict in the process of executing a particular type of punishment. This principle is enshrined in the norms of the General Part (part 3 of article 9, part 6 of article 11), but to a greater extent in the articles of the Special Part of the Penal Code of the Russian Federation. The rational application of coercive measures involves holding the convicted person liable for failure to fulfill duties or legal requirements of the administration, committing other violations of the procedure and conditions for serving a sentence, taking into account the nature of the offense, the circumstances of its commission, the personality of the convicted person and his previous behavior. This is the purpose of the norms establishing the types of penalties and other coercive measures applied to convicts (Articles 29, 32, 46, 58, 71, 102, 115, 136 of the Penal Code of the Russian Federation, etc.), as well as the grounds, procedure and conditions for their application. (Articles 59, 117, 119, 138 of the Penal Code of the Russian Federation, etc.).

The rational use of remedies is carried out in accordance with the prescriptions of Part 3 of Art. 9 of the Penal Code of the Russian Federation, which states that "the means of correcting convicts are applied taking into account the type of punishment, the nature and degree of social danger of the crime committed, the personality of the convicts and their behavior."

Stimulation of law-abiding behavior involves the widespread use of various moral and legal means to correct the behavior of the convict in the process of serving the sentence. In penitentiary law, a special place is given to legal incentives, since their use entails favorable legal consequences for the convict. The forms of manifestation of legal incentives for convicts in the Penal Code of the Russian Federation are subjective rights, legitimate interests, benefits and incentives. They are enshrined in many norms of the Penal Code of the Russian Federation. Thus, the types of incentives applied to those convicted to specific types of punishment are indicated in Art. 45, 57, 71, 113, 134, etc.

The principle of combining punishment with corrective action means that the execution of any type of criminal punishment is combined with a wide range of means of correction: the established procedure for the execution and serving of punishment (regime), educational work, socially useful work, general educational and professional training, social influence. The degree of application of these means in the execution of criminal penalties is not the same, they are most fully regulated and used in the process of executing deprivation of liberty for a certain period and detention in a disciplinary military unit, to a lesser extent - in the execution of punishments not related to the isolation of the convict from society. In particular, in the process of executing a fine, especially when paying it by installments, we can talk about the use of only such means of correction as the established procedure for the execution and serving of a sentence (regime), educational work and, in some cases, socially useful work and social impact.

1.3. Science of penal law

The science of penitentiary law is based on the fundamental ideas and principles of various social sciences, which include philosophy, sociology, law, pedagogy, psychology, economics, management, etc. The methodological provisions of these sciences can manifest themselves as directly (in the form of general categories), and indirectly (in the form of private and singular).

The science of penitentiary law arose as part of the science of criminal law and was called "prison science" or "penitentiary science"[1] . Works of great scientists of the late XIX - early XX century. N. S. Tagantseva, I. Ya. Foinitsky, S. V. Poznysheva predetermined general approaches to understanding theoretical and methodological problems and filled with real content the main practical issues of the execution of criminal penalties in the form of deprivation of liberty. The main direction of scientific research was the development of the theoretical foundations of imprisonment as the main type of criminal punishment.

After October 1917, fundamental changes in the state-political structure, the socio-economic sphere necessitated the reform of the penitentiary system of Soviet Russia. The new government accepted the progressive ideas of prison scientists on the classification of criminals, differentiation and individualization on its basis of the execution of punishment in the form of deprivation of liberty, on the possibility of correcting convicts through the use of means of influence against them, and above all socially useful labor. The Soviet leadership proclaimed a general political course to replace prisons with correctional labor institutions, and labor was chosen as the main means of correcting convicts. With the adoption in 1924 of the first Correctional Labor Code of the RSFSR, an independent branch of legislation and law was formed, which, accordingly, indicates the emergence of a new legal science - the science of corrective labor law.

Strengthening the punitive policy of the state, mass repressions of the 1930s - 1950s. negatively affected the general state of corrective labor affairs in the country. During these years, scientific research in this area was practically stopped, and many scientists were repressed. A few scientific developments of corrective labor problems were carried out within the framework of the science of criminal law and were of the most general nature.

Correctional labor issues could become an independent subject of research only in the second half of the 1950s. Since that time, the holding of various kinds of conferences, seminars, the defense of dissertations on the problems of the execution of criminal penalties have become part of everyday scientific life.

In the late 1960s - early 1970s. the science of corrective labor law finally took shape as an independent branch of legal science. Theoretical studies of the general problems of the implementation of criminal penalties and the specifics of the execution of certain types, in particular imprisonment, were carried out in many scientific and educational institutions (All-Russian Research Institute of the Ministry of Internal Affairs of the USSR, Academy of the Ministry of Internal Affairs of the USSR, Moscow, Leningrad and Tomsk State Universities, Saratov Law Institute, etc.), scientists which made a significant contribution to the creation of a theoretical basis for the codification of Soviet corrective labor legislation, to the development of legislative and by-laws in the field of execution of criminal penalties.

In subsequent years, within the framework of the science of corrective labor law, the problems of the genesis, essence, content and prospects for the legal regulation of social relations arising in the field of execution of criminal penalties were studied, law enforcement practice was generalized, and proposals were developed to improve the current corrective labor legislation. The fundamental provisions of the science of corrective labor law formed the theoretical basis for the formation of related branches of scientific knowledge: corrective labor psychology and pedagogy, management of bodies executing punishment, etc.

The science of corrective labor (penal enforcement) law underwent significant changes in the first half of the 1990s. The main activities of scientists in this area have become the scientific support of legal reform in the field of execution of criminal penalties related to the creation of penitentiary legislation and the relevant branch of law, as well as the development of scientific and methodological recommendations to ensure the stability and efficiency of the functioning of the penitentiary system in a large-scale crisis.

The current stage of development of the science of penitentiary law is due to the needs of scientific and methodological support for the processes of improving penitentiary legislation and reforming the penitentiary system. The leading place in the study of the problems of execution of criminal penalties is given to the Research Institute of the Federal Penitentiary Service of Russia (Moscow) and the Academy of Law and Administration of the Federal Penitentiary Service of Russia (Ryazan).

Today, the science of penitentiary law solves complex problems, including the further humanization of penitentiary policy, legislation, the system of execution of criminal penalties; improving the legal regulation of the execution of criminal penalties that are not related to the isolation of the convict from society; ensuring the rights, freedoms and legitimate interests of convicts, including through the development of state and public control over the activities of institutions and bodies executing criminal penalties; a comprehensive solution of issues of social adaptation of persons who have served criminal sentences; increasing the effectiveness of post-penitentiary control. In addition to the development of theoretical problems, the science of penitentiary law is also entrusted with solving a number of applied tasks, in particular, on the formation and justification of the main directions of development of the penitentiary system, scientific, methodological and legal support for the execution of criminal penalties, the implementation of international standards for the treatment of offenders, etc. .

1.4. Subject and course system

Penitentiary law as an academic discipline is traditionally divided into General and Special parts, which corresponds to the structure of the Penal Code of the Russian Federation. The General Part reveals the basic concepts of the studied branch of law: the subject and method of legal regulation; penal legislation, the history of its formation and development; criminal-executive legal relations; the main means of correction of convicts; the legal status of persons serving sentences; system of institutions and bodies executing punishment, types and forms of control over their activities. The Special Part deals with the issues of legal regulation of the procedure and conditions for the execution (serving) of certain types of punishment, the application to various categories of convicts of the main means of correction, material and household and medical and sanitary support for convicts, the conditions and procedure for release from serving sentences, control over the behavior of probationers , as well as the execution of criminal penalties in foreign countries and international cooperation in the field of execution of criminal penalties.

Topic 2. SOURCES (FORM) OF CRIMINAL-EXECUTIVE LAW OF THE RUSSIAN FEDERATION

In theoretical jurisprudence and branch science the concept of penal law, usually considered in two senses.

Firstly, in a broad sense, when this term denotes a system of normative legal acts that regulate the entire range of social relations arising in connection with and in the process of execution (serving) of all types of criminal penalties and the application of other measures of criminal law influence.

Secondly, in a narrow sense, penitentiary legislation is understood as a set of laws that regulate social relations in the field of execution of criminal penalties.

The understanding of penitentiary legislation in a broad sense is largely determined by the established tradition of legal regulation of the execution of criminal penalties, when in the Soviet period it was dominated by departmental normative legal acts. At present, consideration of the penitentiary legislation in a broad sense makes it possible to single out all existing forms (sources) of penitentiary law (Fig. 2).

Fig. 2. Sources (forms) of the penitentiary law of the Russian Federation

International legal acts in the field of human rights, the fight against crime and the treatment of offenders occupy a special place in the system of sources of penal law. Firstly, these documents contain basic human rights and international standards for the treatment of various categories of convicts, and in the Russian Federation, in accordance with Part 1 of Art. 17 of the Constitution of the Russian Federation recognizes and guarantees human rights and freedoms in accordance with the generally recognized principles and norms of international law. Secondly, the generally recognized principles and norms of international law and international treaties, as indicated by Part 4 of Art. 15 of the Constitution of the Russian Federation, are already today part of its legal system and actually ensure the activities of institutions and bodies executing criminal penalties (for more details, see topic 19).

The significance of the principles and general provisions formulated in international acts for the execution of criminal penalties and the treatment of convicts is determined by the fact that they are nationwide, stable, not subject to the social situation that is developing in a particular country under the influence of various political, ideological, economic and criminological factors, and, therefore, they are a fairly clear guideline for the development of penitentiary legislation and law enforcement practice.

The Constitution of the Russian Federation for the first time secured the priority of the rights and freedoms of man and citizen, and their recognition, observance and protection is the duty of the state (Article 2). By virtue of Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable, determine the meaning, content and application of laws, the activities of the legislative and executive authorities and are provided with justice. These provisions fully apply to persons serving criminal sentences. Therefore, from the point of view of the sources of penitentiary law, constitutional norms that enshrine the rights and freedoms of convicts as citizens of Russia are of paramount importance.

To the personal (natural) rights and freedoms of convicts as citizens of Russia in accordance with Art. 20 - 28 of the Constitution of the Russian Federation include the rights: to life; protection of the dignity of the individual; personal integrity; protection of one's honor and good name; free definition and indication of their nationality; use of the native language, free choice of the language of communication, learning and creativity; freedom of conscience and religion.

Political rights are enshrined in Art. 29 - 33 of the Constitution of the Russian Federation. These are the rights: to freedom of thought, speech and information; an association; appeal to state bodies and local self-government bodies.

Socio-economic rights are established in Art. 34 - 44 of the Constitution of the Russian Federation, these include the rights: for entrepreneurial activity; private property, including land; work; relaxation; protection of motherhood, childhood and family; social Security; housing; health care and medical care; favorable environment; education; freedom of creativity.

Criminal penalties are the most stringent form of implementation of legal responsibility, measures of state coercion, which consist in a significant deprivation or restriction of the rights and freedoms of the convict. Therefore, the institution of the rights and freedoms of convicts can only be considered in conjunction with a system of constitutional restrictions. According to part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. The execution of criminal penalties is associated with the restriction of such social values ​​and benefits of the convict as freedom of movement and communication, the right to privacy, personal and family secrets, privacy of correspondence, the right to inviolability of the home, etc., as well as the peculiarities of the implementation of other rights and freedoms . Exemptions and restrictions, the specifics of their implementation in this case are established by the Constitution of the Russian Federation, criminal, penal and other legislation of the Russian Federation. So, in accordance with Part 3 of Art. 32 of the Constitution of the Russian Federation do not have the right to elect and be elected citizens who are serving criminal sentences in the form of imprisonment.

For the development of the legal status of convicts as citizens of Russia, legal guarantees are necessary, as defined in Art. 45 - 54 of the Constitution of the Russian Federation, which ensure the realization of the rights and freedoms of convicts - this is judicial protection, international legal protection, obtaining qualified legal assistance; a ban on repeated conviction for the same crime and giving retroactive effect to a law that aggravates liability for a crime committed; the right to review the sentence, to request pardon or commutation of punishment; guarantees in the administration of justice in a new criminal case (presumption of innocence, consideration of the case by a jury, exemption from the obligation to testify against oneself, one's spouse and close relatives); the right to compensation for damage caused due to abuse of power and compensation for damage caused by illegal actions (inaction) of public authorities or their officials.

The Constitution of the Russian Federation establishes the main duties of convicts as citizens of Russia, in particular, to pay legally established taxes (Article 57) and to preserve nature and the environment, to take care of natural resources (Article 58).

In addition to the norms of the Constitution of the Russian Federation, which fix the legal status of convicts, when determining the system of sources of penitentiary law, the constitutional provision (clause "o" Article 71) is of great importance, according to which penitentiary legislation belongs to the exclusive jurisdiction

Russian Federation. This is due both to the importance of the public relations regulated by this legislation, their purpose in ensuring the internal policy of the state, and the interest of all subjects of the Russian Federation and the state as a whole in a fundamentally unified legal space in the field of criminal policy, in a unified procedure for the execution of criminal penalties throughout the country. It follows from the meaning of this article that the adoption of legislative acts in the field of execution of criminal penalties is assigned only to the federal government bodies listed in Art. 11 of the Constitution of the Russian Federation, namely, the President of the Russian Federation, the Federal Assembly of the Russian Federation (the Federation Council and the State Duma), and their implementation - the Government of the Russian Federation, the Ministry of Justice of Russia and the Federal Penitentiary Service. The considered provisions exclude the possibility of the issuance by the constituent entities of the Russian Federation of fundamental legislative acts on the regulation of the execution of criminal penalties.

Penitentiary legislation, having the highest legal force, occupies a leading place in the system of sources of penitentiary law. The adoption of the law gives impetus to rule-making, the development of various by-laws, predetermines their connection and correlation. The concept, content, goals and objectives of the penal legislation will be discussed in detail in topic 4.

The direct effect of federal laws adopted on the subjects of the jurisdiction of the Russian Federation does not exclude the issuance of by-laws by the President and the Government of the Russian Federation, federal ministries and departments. At the same time, however, these acts cannot contradict the laws and cancel them. A characteristic feature of by-laws is their publication on the basis of and in pursuance of the law.

Normative legal acts of the President of the Russian Federation. Cardinal changes in the organizational order, a new stage in the formation of penitentiary law should be attributed to the time of the adoption of Decrees of the President of the Russian Federation of October 8, 1997 No. 1100 "On reforming the penitentiary system of the Ministry of Internal Affairs of the Russian Federation" and of July 28, 1998 No. 904 "On the transfer of the penitentiary system of the Ministry of Internal Affairs of the Russian Federation to the jurisdiction of the Ministry of Justice of the Russian Federation", according to which the penal system of the Ministry of Internal Affairs of Russia with its constituent central and territorial bodies, institutions, enterprises, organizations and property used by it in its activities, with On September 1, 1998, it was transferred to the jurisdiction of the Ministry of Justice of Russia. According to the Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies", the Federal Penitentiary Service of Russia was formed, which is led by the President of the Russian Federation. Decree of the President of the Russian Federation of October 13, 2004 No. 1314 "Issues of the Federal Penitentiary Service" defined the main tasks, functions and powers of this new federal executive body. All of these documents led to the adoption of numerous normative legal acts in the field of execution of criminal penalties.

Decree of the President of the Russian Federation of December 28, 2001 No. No. 1500 "On Commissions for Pardons in the Territories of the Subjects of the Russian Federation". This Decree changed the procedure for considering petitions of convicts and persons with a criminal record for pardon. Instead of the Commission on Pardons under the President of the Russian Federation, regional commissions were formed in the territories of the constituent entities of the Russian Federation.

Normative legal acts of the Government of the Russian Federation. There are two groups of government acts on the execution of criminal penalties. One of them includes resolutions aimed at ensuring the viability of the system of institutions and bodies executing criminal penalties, its normal functioning at the present stage. Another group consists of normative acts, the adoption of which delegated the penal legislation to the Government.

Normative legal acts of the first group are adopted on current issues of the activities of institutions and bodies executing criminal penalties, when a solution to the problem is required at the government level. Among them, it is necessary to single out the Decrees of the Government of the Russian Federation of October 30, 1998 No. 1254 "Issues of the penitentiary system of the Ministry of Justice of the Russian Federation", of April 5, 1999 No. 366 "On the procedure and conditions for the implementation by institutions and bodies of the penitentiary system of the Ministry of Justice of the Russian Federation the function of escorting convicts and persons taken into custody. In addition, the Government of the Russian Federation, by Resolution No. 5 of September 2006, 540, approved the federal target program "Development of the penitentiary system (2007-2016)".

The adoption of the second group of normative legal acts is within the competence of the Government of the Russian Federation in accordance with the criminal executive legislation. This is due to the performance by the Government of the Russian Federation of the functions of the supreme body of executive power, in particular planning, distribution and spending of federal budget funds. In accordance with Art. 6 of the Federal Law of January 8, 1997 No. 2-FZ "On the Enactment of the Penitentiary Code of the Russian Federation" centers. At present, the Regulations on the disciplinary military unit (approved by Decree of the Government of the Russian Federation of June 4, 1997 No. 669) and the Regulations on penitentiary inspections (approved by Decree of the Government of the Russian Federation of June 16, 1997 No. 729) have been adopted.

The Government of the Russian Federation is entrusted with the development of documents specified in Art. 99, PO, 142, 175, 181 of the Penal Code of the Russian Federation, concerning the minimum standards of food and material support for convicts, the norms of the material and technical base of educational work, issues of providing material assistance to those released from punishment, etc. Thus, by a decree of the Government of the Russian Federation. Thus, by Decree of the Government of the Russian Federation of April 11, 2005 No. 205 "On the minimum standards of nutrition and material and welfare of convicts sentenced to deprivation of liberty, as well as on the norms of nutrition and material and welfare of suspects and accused of committing crimes located in the pre-trial detention centers of the Federal of the Service for the Execution of Sentences and the Federal Security Service of the Russian Federation, for peacetime" the relevant norms for food and material support for persons deprived of their liberty were approved. February 6, 2004 The Government of the Russian Federation for the implementation of Art. 175 of the Penal Code of the Russian Federation adopted Decree No. 54 "On the medical examination of convicts who are presented for release from serving a sentence due to illness", which establishes the Rules for the medical examination of convicts who are presented for release from serving a sentence due to illness, as well as the List of diseases that prevent serving punishment.

Interdepartmental normative legal acts. Direct references to the need to adopt normative legal acts jointly by several federal executive authorities or one of them in agreement with the other are contained in Art. 52, 101, 108, 112 of the Penal Code of the Russian Federation. In addition to the Ministry of Justice of Russia, the subjects of the implementation of these regulations are the Ministry of Health and Social Development of Russia, the Ministry of Education and Science of Russia, etc.

Joint acts, in accordance with the powers delegated to these bodies by the Penal Code of the Russian Federation, specify its provisions, determine organizational measures, detail the implementation of its requirements in the field of medical and sanitary support for convicts, their general education and vocational training, etc. For example, the order of the Ministry of Justice of Russia No. 61, the Ministry of Education and Science of Russia No. 70 dated March 27, 2006 "On approval of the Regulations on the organization of obtaining basic general and secondary (complete) general education by persons serving sentences of deprivation of liberty in correctional colonies and penitentiary prisons systems"; order of the Ministry of Health and Social Development of Russia No. 640, of the Ministry of Justice of Russia No. 190 dated October 17, 2005 "On the procedure for organizing medical care for persons serving sentences in places of deprivation of liberty and taken into custody"; order of the Ministry of Health of Russia No. 316, the Ministry of Justice of Russia No. 185, the Social Insurance Fund of the Russian Federation No. 180 dated August 14, 2003 "On approval of the procedure for conducting an examination of temporary disability of persons sentenced to deprivation of liberty involved in paid work, and issuing them documents certifying temporary disability ".

Departmental normative legal acts. After the adoption of the Penal Code of the Russian Federation and other federal laws, the degree of legislative regulation of relations in the sphere of execution of criminal penalties has increased significantly. At the same time, the need for departmental normative regulation in the field of execution of criminal penalties remains in order, on the one hand, to unload the law from the details of the "technological", procedural order, on the other hand, the transfer of the penal system to the jurisdiction of the Ministry of Justice of Russia required, in essence, the creation of a fundamentally new departmental regulatory framework.

All departmental regulations can be classified on two grounds - the scale of action and specialization.

According to the scope of their action, they can be divided into narrow departmental and supra-departmental regulatory legal acts.

Narrow departmental acts develop and specify certain provisions of the law related to the functioning of the penal system, the procedure and conditions for serving sentences by convicts and applying corrective measures to them. Most of these acts are designed to resolve relevant issues of an organizational, technical and procedural nature, for example, Order of the Ministry of Justice of Russia dated June 23, 2005 No. 95 "On approval of the Instruction on the supervision of convicts held in educational colonies of the Federal Penitentiary Service."

Supra-departmental normative acts govern relations between departments and citizens. In the field of execution of criminal penalties, the subjects of such relations are not only the administration of institutions and convicts, but also their relatives, relatives, officials of state authorities and local self-government, members of the public and other persons associated with the convict or the administration by one or another legal relationship. An example of such documents is the Internal Rules of Correctional Institutions, approved by order of the Ministry of Justice of Russia dated November 3, 2005 No. 205.

By specialization, departmental normative legal acts are divided into two types.

1. Comprehensive (universal) acts regulating general issues of execution (serving) of criminal penalties. In particular, this is the order of the Ministry of Justice of Russia dated April 12, 2005 No. 38 "On approval of the Instruction on the procedure for the execution of punishments and measures of a criminal law nature without isolation from society." This Instruction, adopted on the basis of and in pursuance of the Penal Code of the Russian Federation, determines the organization of the activities of penitentiary inspections for the execution of punishments in the form of deprivation of the right to hold certain positions or engage in certain activities, compulsory work, correctional labor, control over the behavior of conditionally convicted, convicted pregnant women and women with children under 14 years of age, whose sentence was suspended by the court, as well as on the prevention of crimes and other offenses by persons registered with inspections.

2. Specialized acts regulating certain areas of activity of institutions and bodies executing criminal penalties: security, supervision, educational work, etc., for example, Order of the Ministry of Justice of Russia dated December 30, 2005 No. 259 "On approval of the Regulations on the detachment of convicted correctional institutions Federal Service for the Execution of Punishments".

Decrees and other decisions of the highest judicial instances on the application of regulatory legal acts in the field of execution of criminal penalties. At present, it is necessary to include decisions of the Constitutional and Supreme Courts of the Russian Federation on issues of execution of criminal penalties in the system of sources of penitentiary law. These bodies, in accordance with the Constitution of the Russian Federation and the current legislation, are entitled to exercise normative control, i.e. verification of compliance with the Constitution of the Russian Federation and federal laws of regulatory legal acts, in particular those regulating the activities of institutions and bodies of the penal system. Recognition of a normative legal act or its individual norms as inconsistent with constitutional or other legislative provisions shall entail the termination of their validity. So, according to parts 1 and 2 of Art. 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation", the decisions adopted are final, not subject to appeal, come into force immediately after the proclamation, act directly and do not require confirmation by other bodies and officials. For example, the Constitutional Court of the Russian Federation, by its Decree of December 26, 2003 No. 20-P "On the case of checking the constitutionality of certain provisions of the first and second parts of Article 118 of the Criminal Executive Code of the Russian Federation in connection with the complaint of Shengelaya Z.R." recognized as not contradicting the Constitution of the Russian Federation provisions h. 1 and p. "g" h. 2 Article. 118 Criminal Code of the Russian Federation. According to its constitutional and legal meaning, in conjunction with Art. 89 of the Penal Code of the Russian Federation, these provisions do not imply that the restrictions they establish apply to visits by convicts who are in punishment cells and cell-type premises with lawyers and other persons entitled to legal assistance, and thus do not prevent them from receiving qualified legal assistance.

The Supreme Court of the Russian Federation in accordance with Art. 27 of the Code of Civil Procedure of the Russian Federation is vested with the right to consider, as a court of first instance, civil cases on challenging the regulatory legal acts of the President and the Government of the Russian Federation, regulations of other federal government bodies affecting the rights, freedoms and legitimate interests of citizens and organizations. Thus, the Supreme Court of the Russian Federation, having considered in open court a civil case on the application of X., came to the conclusion that paragraph 83 of the Internal Rules of Correctional Institutions, approved by order of the Ministry of Justice of Russia dated November 3, 2005 No. 205, in part, granting visits to lawyers only during non-working hours for convicts does not comply with the provisions of the Constitution of the Russian Federation and the Penal Code of the Russian Federation. By its decision of March 2, 2006 No. GKPI06-54, the court satisfied the application of X., invalidated paragraph 83 of the Rules from the day the court decision entered into force, regarding the words "during non-working hours for convicts."

Topic 3. HISTORY OF THE DEVELOPMENT OF CRIMINAL-EXECUTIVE LEGISLATION

3.1. Prerequisites and the initial stage of the formation of penal legislation

The branch of law studied has had various names over the years. Until the mid 1920s. it developed mainly within the framework of the criminal and criminal procedure law, as well as individual normative acts on the organization of the execution of deprivation of liberty and was called prison, or penitentiary, legislation. Since the adoption of the ITC of the RSFSR in 1924. This branch of legislation received the status of an independent and the name "correctional labor legislation". It got its name from the means of correction of convicts recognized as a priority in the Soviet period - socially useful labor.

A feature of this branch of legislation was that its norms regulated the procedure and conditions for the execution (serving) of criminal penalties related to the application of corrective labor measures. The norms of the law (Collection Labor Code of the RSFSR in 1924, 1933, 1970) traditionally regulated only the execution of imprisonment, exile, expulsion, correctional labor, the execution of other types of criminal penalties until 1983 was regulated by departmental regulations of the USSR Ministry of Internal Affairs. By decrees of the Presidiums of the Supreme Soviets of the USSR and the RSFSR on March 15, 1983 and July 16, 1984, all-Union and republican regulations were adopted, respectively, on the procedure and conditions for the execution of criminal penalties not related to measures of corrective labor influence on convicts. The Regulations on the procedure and conditions for the execution in the RSFSR of criminal penalties not related to measures of corrective labor influence on convicts regulated the execution of: deprivation of the right to hold certain positions or engage in certain activities; collecting a fine; public censure; confiscation of property; deprivation of a military or special rank; dismissal from office; obligation to make amends for the harm caused.

Therefore, in the early 1980s. in fact, two separate branches of legislation have been formed that regulate the execution of criminal penalties: 1) corrective labor; 2) legislation on the execution of sentences not related to measures of corrective labor influence on convicts. This circumstance, as well as the entry of Russia in the mid-1980s. in an era of cardinal socio-political and economic transformations, they demanded a reform of the legislation on the execution of criminal penalties.

Since the 1980s scientists and practitioners of the Ministry of Internal Affairs of the USSR, the Ministry of Internal Affairs of the Russian Federation carried out a lot of work to create new legislation in the field of execution of criminal penalties (Table 1). The fundamental principles here were: the need to create a unified penitentiary legislation regulating the execution of all types of criminal penalties, including the death penalty, as well as other measures of criminal law influence; its most complete compliance with international standards for the treatment of convicts; consistent implementation of the humanization and democratization of the order and conditions of serving sentences.

Table 1

The main stages in the development of the penitentiary legislation of the Russian Federation

The adoption of the Penal Code of the Russian Federation marked the creation in Russia of a new independent branch of legislation - penitentiary. It reflected international standards for the treatment of convicts, and fixed new trends in the development of the system for the execution of criminal penalties, due to changes in the political, economic and social life of Russia. The Penal Code of the Russian Federation also took into account the new legal realities associated with the development of crime in the country, with the criminogenic situation in general.

3.2. Development of penal legislation at the present stage

Improvement of the penal legislation continues at the present time. Since the adoption of the Penal Code of the Russian Federation and until October 2007, it has been amended and supplemented 28 times. The Code was supplemented by Art. 77.1 and 77.2, eleven articles have been revised, more than 100 articles have been revised, eight articles and the appendix have been deleted. The innovations of legislative acts adopted in recent years are aimed at significant humanization of the execution of criminal penalties.

Systemic changes to the penitentiary legislation and the practice of its application were introduced by the Federal Law of December 8, 2003 No. 161-FZ "On Bringing the Code of Criminal Procedure of the Russian Federation and other legislative acts into line with the Federal Law "On Amendments and Additions to The Criminal Code of the Russian Federation "". This Law changed 53 articles of the Penal Code of the Russian Federation, five of its articles were given in a new edition, eight articles and Appendix 1 were excluded.

The general focus of the Law on further humanization and democratization of the process of execution of criminal penalties permeated most of the changes in the norms of the General Part of the Penal Code of the Russian Federation. First of all, this concerns the expansion of the rights of convicts. So, the second sentence of Part 2 of Art. 12, which contains a ban on cruel or degrading treatment of convicts, is supplemented with the words "or sanctioned". Such a wording is not only more in line with the wording of Art. 7 of the International Covenant on Civil and Political Rights, but also ensures that now disciplinary sanctions imposed on convicts can only be applied in strict accordance with the Law. Article 12 of the Penal Code of the Russian Federation is also supplemented by part 6.1, which enshrines the right of convicts to psychological assistance provided by employees of the psychological service of the correctional institution and other persons entitled to provide such assistance. Thus, at the legislative level, the actual situation that has developed in places of deprivation of liberty after the creation of a full-fledged psychological service of the penal system has been settled. At the same time, the provision of the law that the participation of convicts in activities related to the provision of psychological assistance is carried out only with their consent is an important condition for the observance of this subjective right in relation to a particular convict.

Some changes have been made to Art. 14 of the Penal Code of the Russian Federation, which ensures the freedom of conscience and religion of convicts. Thus, in connection with the spread of extremism in Russia, including religious ones, it is proposed to restrict the access of representatives of such organizations to correctional institutions and arrest houses, for which the first sentence of part 4 is supplemented with the words: "belonging to duly registered religious associations, at the choice of the convicts. To simplify the procedure for exercising the right to freedom of conscience and religion for convicts held in solitary confinement, penalty and disciplinary cells, cell-type premises of correctional institutions, an exception from Part 5 of the article under consideration and the addition of Art. 118 of the Penal Code of the Russian Federation, part 2.1, which provides for visits to these convicts at their request by clergymen belonging to duly registered religious associations, at the choice of the convicts.

Recognition of convicts as a subject of law allows them not only to have subjective rights and legal obligations, but also the ability to independently exercise them, including by submitting proposals, applications, petitions and complaints on all issues of interest to them in any instances. Therefore, the legislator removed from Part 1 of Art. 15 of the Penal Code of the Russian Federation, provisions providing for the possibility of appeals by convicts only on issues related to the violation of their rights and legitimate interests.

Important changes have been made to the norms regulating the procedure for exercising control over the activities of institutions and bodies executing criminal penalties. In particular, the courts are obliged to consider complaints from convicts and other persons against the actions of the administration of institutions and bodies executing punishment, not only in special cases provided for by law, but according to general rules in accordance with the legislation of the Russian Federation. This procedure is provided for in 25 of the Code of Civil Procedure of the Russian Federation, which regulates proceedings in cases of challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees.

In recent years, in connection with the formation of the rule of law and civil society, there has been an expansion of the circle of subjects of control activities in the field of execution of criminal penalties. This requires a clear and timely fixing of their control status in the penitentiary legislation. The law gave the right to unhindered visits to institutions and bodies that execute punishments, and, accordingly, control, to the Commissioner for Human Rights in the Russian Federation and the Commissioners for Human Rights in the constituent entities of the Russian Federation, as well as members of public monitoring commissions, for which the corresponding changes were made to Art. 24 of the Penal Code of the Russian Federation.

Taking into account the Resolution of the Constitutional Court of the Russian Federation of November 26, 2002 No. 16-P "On the case of checking the constitutionality of the provisions of Articles 77.1, 77.2, parts one and ten of Article 175 of the Criminal Executive Code of the Russian Federation and Article 363 of the Code of Criminal Procedure of the RSFSR in connection with a complaint from citizen A. A. Kizimov, the procedure for presenting a convicted person to parole, established by Art. 175 of the Penal Code of the Russian Federation. The right to petition the court for parole is granted directly to the convicted person who has served the minimum term established by the Criminal Code of the Russian Federation, as well as his lawyer (legal representative).

A number of norms of the Federal Law are aimed at improving the mechanism for exercising certain rights and legitimate interests of convicts. So, now, even in the context of a regime of special conditions in correctional institutions, the activities of medical and sanitary services cannot be limited, thereby guaranteeing the right to medical care to convicts (part 2 of article 85 of the Penal Code of the Russian Federation). In part 4 of Art. 89 of the Penal Code of the Russian Federation specifies the procedure for exercising by those sentenced to deprivation of liberty the right to receive legal assistance. To do this, it is envisaged to provide meetings with lawyers or other persons entitled to legal assistance, without limiting their number, lasting up to four hours. At the request of the convicted person, meetings with a lawyer are provided in private, out of the hearing of third parties and without the use of technical means of listening.

In part 2 of Art. 91 of the Penal Code of the Russian Federation, amendments have been made that provide the convicted person with the opportunity of uncensored correspondence not only with the court, the prosecutor's office, the higher body of the penal system and the Commissioner for Human Rights in the Russian Federation, but also with the Commissioner for Human Rights in the constituent entity of the Russian Federation, the public monitoring commission, the European Court of Human Rights.

The law provides all those sentenced to deprivation of liberty with a wider opportunity to use telephone communications to communicate with loved ones (Article 92 of the Penal Code of the Russian Federation), establishes minimum standards for providing convicts with personal hygiene products (Article 99 of the Penal Code of the Russian Federation), provides for the issuance of a passport to the convict upon release (Art. 173 of the Penal Code of the Russian Federation). Now, the time spent by convicts in ordinary conditions (under strict conditions) in correctional institutions includes the time spent in custody in a pre-trial detention center, if an appropriate preventive measure was applied to him and a disciplinary sanction in the form of placement in a punishment cell was not applied (Articles 122, 124, 127 , 130, 132 of the Penal Code of the Russian Federation).

The Law expands the rights and significantly humanizes the conditions for serving deprivation of liberty for certain categories of convicts, in particular in relation to convicted women (part 1 of article 98, part 4 of article 100, part 7 of article 117, part 3 of article 121 of the Criminal Code RF), as well as juvenile convicts (part 9 of article 74, part 3 of article 141 of the Penal Code of the Russian Federation).

In 2004, the penitentiary legislation was updated in connection with the ongoing administrative reform in the country. Thus, in accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies" (as amended on May 20, 2004), the Federal Penitentiary Service was created. Consolidation of the legal status of this body required the introduction of appropriate changes to the Penal Code of the Russian Federation and, especially, to the Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty."

On January 1, 2005, in accordance with the Federal Law of December 28, 2004 No. 177-FZ "On the Enactment of the Provisions of the Criminal Code of the Russian Federation and the Penitentiary Code of the Russian Federation on Punishment in the Form of Compulsory Labor", the practical execution of criminal punishment in the form of compulsory work.

Amendments made to the Penal Code of the Russian Federation in 2005-2007 were aimed at further improving the legal regulation of the execution of corrective and compulsory labor, detention in a disciplinary military unit and deprivation of liberty.

A significant change in the principles and forms of engaging in labor convicts sentenced to deprivation of liberty is provided by the Federal Law of June 6, 2007 No. 91-FZ. According to this Law, labor adaptation centers for convicts and production (labor) workshops will be created in correctional institutions instead of enterprises. The main tasks of these structural divisions of correctional institutions are the organization of labor education of convicts by involving them in socially useful paid work, creating conditions for their moral and material interest in its results, restoring and consolidating the professional and labor skills of convicts, which they need for their subsequent rapid adaptation in society. .

Topic 4. CONCEPT, GOALS AND OBJECTIVES OF CRIMINAL EXECUTIVE LEGISLATION

4.1. The concept and content of penal legislation

Criminal executive legislation - this is a system of laws that directly regulate social relations that arise in connection with and in the process of execution (serving) of all types of criminal penalties and the application of other measures of criminal legal influence. This approach to the definition of the concept under consideration was officially enshrined in the Penal Code of the Russian Federation, where part 1 of Art. 2 establishes: "The penitentiary legislation of the Russian Federation consists of this Code and other federal laws."

The Penal Code of the Russian Federation occupies a central place in the system of penal legislation. For the first time in this branch of legislation, it regulates the execution of all types of punishments and other measures provided for by the Criminal Code of the Russian Federation. The Penal Code of the Russian Federation as a legislative act of a consolidated nature covers the entire most important part of the normative material of the penitentiary legislation and, on the basis of uniform principles, in sufficient detail, directly and fully regulates public relations in the field of execution of criminal penalties. The Penal Code of the Russian Federation is a law that is designed for a long period of validity and sets out in a systematic way specific legal norms that determine the general provisions for the implementation of punishment and regulate the execution of all types of criminal penalties. In fact, a separate law could be issued to regulate each of their individual types, enshrined in the Penal Code of the Russian Federation. The connection between these potential laws in the Penal Code of the Russian Federation has been brought to such a degree of perfection that it allows us to speak of it as a kind of branch set of normative prescriptions, permeated with uniform approaches, generalizations, and principles.

Today, in addition to the Penal Code of the Russian Federation, the system of criminal executive laws includes:

1) Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty" - defines the principles, tasks and legal framework for the activities of the penitentiary system and its organizational structure, as well as organizational and legal bases of activity of the institutions executing punishments. The law establishes the rights and obligations of the personnel of the penitentiary system, their legal and social protection;

2) Federal Law of January 8, 1997 No. 2-FZ "On the Enactment of the Penitentiary Code of the Russian Federation" - contains suspensive rules on the execution of punishments in the form of compulsory labor, restriction of freedom, arrest;

3) Federal Law of July 21, 1997 No. 119-FZ "On Enforcement Proceedings" - in addition to the Penal Code of the Russian Federation, establishes the procedure for the execution of a criminal penalty in the form of a fine;

4) Federal Law of December 28, 2004 No. 177-FZ "On the Enactment of the Provisions of the Criminal Code of the Russian Federation and the Penitentiary Code of the Russian Federation on Punishment in the Form of Compulsory Labor" - ensured the practical implementation of criminal punishment from January 1, 2005 in the form of compulsory works;

5) federal legislative acts, the adoption of which is directly provided for by the Penal Code of the Russian Federation, including: on public control over ensuring the rights of convicts in institutions and bodies executing punishment, and on the assistance of public associations to their activities; on social assistance to persons who have served their sentences and control over their behavior; pardon, etc.

Currently, the State Duma is discussing the draft Federal Law "On public control over the provision of human rights in places of detention and on the assistance of public associations to their activities." This Law is intended to regulate public relations arising in connection with the implementation of public control over the provision of human rights in places of detention and the promotion of public associations of their activities. This, unfortunately, significantly narrows the subject of the Law, extending its effect exclusively to institutions that ensure the isolation of convicts from society. Whereas part 2 of Art. 23 of the Penal Code of the Russian Federation provides for the exercise of public control over all institutions and bodies executing punishment. Out of public control remains the execution of criminal penalties that are not related to the isolation of the convict from society, and the institution of probation.

Consequently, the enumerated legislative acts constitute the actual criminal executive legislation.

A special position in the legislation regulating the activities of institutions and bodies executing criminal penalties is occupied by the Federal Law of July 15, 1995 No. 103-FZ "On the detention of suspects and accused of committing crimes." On the one hand, this Law regulates the procedure and determines the conditions of detention, guarantees of the rights and legitimate interests of persons suspected and accused of committing crimes. Thus, its subject is different from the subject of penal legislation. On the other hand, along with the implementation of measures of criminal procedural coercion, the administration of the pre-trial detention center is entrusted with the functions of correctional institutions for the execution of deprivation of liberty in relation to convicts left to perform housekeeping work in the pre-trial detention center (Article 16 of the Penal Code of the Russian Federation), as well as in relation to persons convicted for a period not exceeding 6 months, left in pre-trial detention centers with their consent (part 1 of article 74 of the Penal Code of the Russian Federation). These circumstances make it possible to conditionally attribute the Law in question to the penitentiary legislation in the narrow sense.

4.2. Goals and objectives of the penal legislation

Objectives of penal legislation defined in Part 1 of Art. 1 PEC RF. They are: the correction of convicts and the prevention of the commission of new crimes by both convicts and other persons.

In contrast to the previous corrective labor legislation (Article 1 of the Penitentiary Labor Code of the RSFSR), which almost verbatim reproduced the wording of Art. 20 of the Criminal Code of the RSFSR, which defines the goals of punishment, the modern goals of the penitentiary legislation are somewhat different from the goals of punishment enshrined in Part 2 of Art. 43 of the Criminal Code of the Russian Federation. Absence in Art. 1 of the Penal Code of the Russian Federation, the goal of restoring social justice is explained by the fact that this goal is achieved to a greater extent at the stage of imposing a criminal punishment, when, depending on the nature and degree of social danger of the crime and the personality of the perpetrator, the question of choosing the type of criminal punishment, its term or size, or application of a humane act (exemption from criminal liability or punishment). Penitentiary legislation cannot enhance the punitive potential of punishment provided for by criminal law.

The correction of convicts is enshrined in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation as the goal of criminal punishment and penal legislation. In the doctrine of criminal law, the prevailing opinion is that the goal of correction is considered achieved if the convicted person, after serving his sentence (no matter for what reasons), no longer commits crimes (the so-called legal correction). In the science of penitentiary law and penitentiary pedagogy, correction is considered as the result of a complex impact on the personality of the convict, which turns him into a person safe and harmless to society (moral correction). At the same time, the degree of correction of a particular convict is always individual, therefore, the achievement of the goal of correction may be different. The main thing here is to change the convict's distorted moral orientations, which determine the commission of crimes, into positive socially useful ones. Therefore, in Part 1 of Art. 9 of the Penal Code of the Russian Federation, the correction of convicts is defined as the formation of a respectful attitude towards a person, society, work, norms, rules and traditions of human society and stimulation of law-abiding behavior. Correction is the main line of the penal legislation; most of the norms of the Penal Code of the Russian Federation are based on this concept.

The goal of preventing the commission of new crimes is realized in two directions. First, the prevention of crimes by convicts while they are serving a criminal sentence (special warning) is carried out by applying to these persons the system of preventive measures provided for by the Penal Code of the Russian Federation. They are especially diverse when such types of punishments as deprivation of liberty, arrest (armed guards, supervision, control, use of special means and other measures to ensure the regime) are executed. When executing other punishments, a different system of preventive measures is applied, the main place in which is occupied by control over the behavior of the convict and his observance of the procedure and conditions for serving the sentence imposed by the administration of the institution or body executing this type of criminal punishment.

The second direction is the general prevention of crimes by other persons. With regard to former convicts, a system of measures of social rehabilitation, control and supervision is applied, aimed at preventing these persons from new crimes. With regard to other unstable citizens, the deterrent in committing crimes should be the rather strict procedure and conditions for serving a criminal sentence, when human rights and freedoms are significantly limited.

The objectives of the penal legislation are achieved by addressing specific tasks. In part 2 of Art. 1 defines the main ones: regulation of the procedure and conditions for the execution and serving of sentences; determination of means of correction of convicts; protection of their rights, freedoms and legitimate interests; assistance to convicts in social adaptation. More specific tasks are indicated in a number of other norms and individual legal institutions of the Penal Code of the Russian Federation that regulate specific legal relations in the field of execution of punishments (for example, the regime in correctional facilities, educational work with convicts, the organization of their socially useful work, etc.).

The task of regulating the procedure and conditions for the execution and serving of sentences is a priority for the penitentiary legislation and is expressed in determining the subject of legal regulation of public relations arising in this area. Moreover, the penal legislation in the chapters of the Special Part establishes both the procedure for execution and the procedure for serving certain types of criminal punishment. The procedure for the execution of punishment acts as a system of normative instructions on the execution of a specific criminal punishment, addressed to the personnel of institutions or bodies that implement it. The order of serving a sentence is a norm that establishes the way of life, the way of life and the rules of behavior of the convict during the period of serving a particular type of criminal punishment.

The task of determining the means of correcting convicts involves not only formulating in a separate norm of the Penal Code of the Russian Federation a set of the most accessible and effective means in modern conditions to achieve the goal of correcting convicts, but also determining the mechanism for their implementation in the norms and institutions of the Special Part of the Penal Code of the Russian Federation in relation to a specific type of criminal punishment.

The task of protecting the rights, freedoms and legitimate interests of convicts is solved by fixing in the Penal Code of the Russian Federation the foundations of the legal status of convicts, their main duties and rights, detailing the legal status of convicts sentenced to various types of criminal penalties. The penitentiary legislation regulates the mechanism for ensuring the rights, freedoms and legitimate interests of convicts, which, in particular, includes a system of comprehensive control over the activities of institutions and bodies executing criminal penalties (Articles 19 - 24 of the Penal Code of the Russian Federation, Article 38 of the Law of the Russian Federation "On institutions and bodies executing criminal penalties in the form of deprivation of liberty).

The task of rendering assistance to convicts in social adaptation is realized in a general way in the norms of the penitentiary legislation, which determine the application of the main means of correction to convicts. These norms, on the one hand, are designed to positively influence the consciousness of the convict during the serving of the sentence, on the other hand, to form his worldview, skills and abilities necessary for life after serving the sentence. Thus, obtaining a general or vocational education while serving a sentence of deprivation of liberty allows the convict to quickly and better solve the problem of getting a job after being released from a correctional facility. The norms of Ch. 22 of the Penal Code of the Russian Federation, which defines the procedure for the administration of institutions to provide assistance to convicts during their release, assist them in their work and household arrangements and control over them.

4.3. The concept, types and structure of the norms of penal law. Criminal-executive legal relations

Under norm of penal law is understood as a universally binding, formally defined rule of conduct for subjects and participants in legal relations (state and municipal bodies, institutions, public associations, officials, convicts and individual citizens), aimed at regulating public relations arising in connection with and in the process of execution (serving) of all types of criminal penalties, as well as the application and other measures of criminal law influence.

The norm of penal law is the initial structural element of its system. The set of norms regulating homogeneous social relations in the sphere of execution of punishments forms a certain institution of penitentiary law. For example, the institution of compulsory work, the institution of incentives and penalties applied to convicts deprived of liberty, etc. The combination of norms and institutions forms a system of penal law.

The norms of penal law can be divided into types on various grounds (Fig. 3). According to the functional role, the norms of penitentiary law are classified into initial norms (norms-principles (Article 8 of the Penal Code of the Russian Federation), norms-definitions (part 1 of Art. 9, part 1 of Art. 82 of the Penal Code of the Russian Federation)) and norms-rules of conduct constituting the majority of the norms of penal law.

Norms-rules of conduct of penitentiary law, depending on the nature of the established rules of conduct, are classified into regulatory, incentive and protective.

Fig. 3. Classification of norms of penal law

Regulatory norms establish the rights and obligations of subjects and other participants in criminal law relations. They are divided into binding, empowering and prohibiting. Binding norms establish requirements for subjects to perform certain actions (Article 34, Part 3 of Article 50, Part 1 of Article 112 of the UKRFidr.). Enabling norms provide subjects with a choice of behavior within the framework established by law (part 5 of article 12, part 1 of article 14, part 2 of article 103 of the Penal Code of the Russian Federation). Prohibiting norms, on the contrary, establish requirements for subjects to refrain from certain actions that are assessed by law as unlawful (part 6 of article 50, part 2 of article 95, part 6 of article 103 of the Penal Code of the Russian Federation).

Incentive norms are aimed at stimulating the behavior of convicts approved by law (Article 57, part 5 of Article 104, Article 113 of the Penal Code of the Russian Federation).

Protective norms are designed to ensure the protection of legal relations arising in the process of execution (serving) of a sentence, ensure the implementation of other norms of penitentiary law (Articles 29, 38, 46, 102, 115 of the Penal Code of the Russian Federation).

By their legal nature, the norms of the penitentiary law are divided into substantive (Articles 11, 12, 74, 115 of the Penal Code of the Russian Federation) and procedural (Articles 15, 78, 114, 117 of the Penal Code of the Russian Federation).

A significant part of the norms of penal law refers to blanket (part 7 of article 12, part 2 of article 53, part 1 of article 105 of the Penal Code of the Russian Federation) and reference (part 8 of article 74, part 3 of article 87 , part 1 article 107, part 3 article 113 of the Penal Code of the Russian Federation).

Hypothesis, disposition and sanction stand out in the structure of the norm of penal law. A hypothesis is a legal fact (event, action, state), in the presence of which the penal norm must act. A hypothesis can be taken outside the norm and be common to many norms (Articles 7, 16, 74 of the Penal Code of the Russian Federation) or contained in the norm itself (Articles 51, 85, 96, 97 of the Penal Code of the Russian Federation). The disposition contains a model of behavior of subjects and participants in legal relations, defines their rights and obligations. The sanction of the norm of penal law provides for certain consequences for the subject implementing the disposition. Sanctions can be both negative (punishment measures) and positive (encouragement measures). A feature of the sanctions of the norms of penal law is that they, being placed in separate articles (Articles 57, 71, 113, 115 of the Penal Code of the Russian Federation), are applied for violations (in good faith) of the rules of conduct established in various articles of the Penal Code of the Russian Federation. In addition, the sanctions established in the Penal Code of the Russian Federation apply only to one subject - convicts, other subjects and participants in legal relations are liable in accordance with the provisions of other branches of law (administrative, labor, civil, criminal).

Criminal-executive legal relations public relations regulated by the norms of penitentiary law arising in connection with and in the process of execution (serving) of all types of criminal penalties and the application of other measures of criminal law influence. The following elements are distinguished in the structure of criminal-executive legal relations.

1. Subjects of legal relations - individuals and legal entities - holders of certain subjective rights and obligations established by the norms of penal law. The subjects of penitentiary legal relations are institutions and bodies executing punishments, their officials and the convict. The participants (in contrast to the subjects they have less rights and obligations) of these legal relations include state authorities and local governments, judges, prosecutors, deputies, representatives of public associations, relatives of convicts, etc.

2. The content of penitentiary legal relations is formed by the actual behavior of the subjects and the totality of their subjective rights and obligations. These rights and obligations belong to both subjects. The right of one side corresponds (corresponds) to the duty of the other, and vice versa. If one subject has some kind of obligation, then the other has a counter duty right. For example, a convict has the right to personal security, which in turn gives rise to the obligation of an official of an institution executing a punishment in the form of restriction of liberty or deprivation of liberty to take measures to ensure the personal security of this convict (Article 13 of the Penal Code of the Russian Federation). The rights and corresponding obligations of the subjects form an interconnected system and determine the content of penitentiary legal relations.

3. The object of criminal-executive legal relations is what the rights and obligations of the subjects of legal relations are aimed at, about which they enter into legal relations. Individual benefits can serve as objects of specific penitentiary legal relations (for example, visits of convicts sentenced to imprisonment, short-term trips outside the correctional facility, etc.).

4. Legal facts are specific life circumstances (actions or events) in connection with which arise, change or terminate criminal-executive legal relations. Actions - circumstances related to the will of the subjects of legal relations (lawful or unlawful actions of the convict), events - circumstances not related to the will of the subject (for example, the expiration of the sentence imposed by the court). Among the legal facts, legal states are also distinguished (serving a criminal sentence, being married, on the wanted list, etc.). The main legal fact that gives rise to relations in the sphere of execution (serving) of a criminal sentence is the conviction of the court that has entered into legal force. Penitentiary relations shall be terminated after the convict has served his or her assigned criminal sentence.

4.4. Operation of norms of penal law in space and time

The operation of the norms of penitentiary law in space is carried out on the basis of the territorial principle. According to Part 1 of Art. 6 of the Penal Code of the Russian Federation, the criminal executive legislation of the Russian Federation is applied throughout the country. Such action of the legislation is predetermined by the constitutional prescription that the penitentiary legislation is under the exclusive jurisdiction of the Russian Federation (paragraph "o" of Article 71 of the Constitution of the Russian Federation). This provision relates penal legislation to a variety of federal legislation and excludes the possibility of not only issuing fundamental legislative acts by the constituent entities of the Russian Federation to regulate the execution of criminal penalties, but also the creation by them on their own initiative on the ground of specific structures of executive power, which include bodies and institutions, executing criminal penalties. In addition, the legal content of the direct effect of federal laws lies in the fact that they do not need to be confirmed by any state authorities and local governments and are applied throughout the country directly by all subjects of law. The penitentiary legislation applies to all persons located on the territory of the Russian Federation (both Russian citizens and foreigners and stateless persons).

Foreign citizens sentenced to deprivation of liberty may be transferred for further serving their sentence to the state of which they are citizens. The mechanism for the transfer of convicts is established by multilateral and bilateral interstate agreements.

The general conditions for the transfer of a convicted person are as follows: the convicted person must be a citizen of a foreign state (in the CIS countries, stateless persons permanently residing in the territory of the corresponding state can also be transferred); the verdict of the court to condemn the person to imprisonment has entered into force; there is a written consent of the convict; the person has been convicted of such acts, which, according to the laws of the states carrying out the transfer and acceptance, are crimes punishable by imprisonment; at the time of receipt of the request for transfer, the period of deprivation of liberty that has not been served is at least six months; there is the consent of the sentencing state and the state of enforcement of the sentence to transfer and receive the sentenced person.

The term of punishment in the form of deprivation of liberty shall include the term already served in the Russian Federation. The execution of the punishment in the host state is carried out in accordance with the legislation of that state. At the same time, both the Russian Federation and the host state can improve the situation of the convict, for example, by declaring a pardon, amnesty or reducing the sentence. The Russian Federation retains the right to control the execution of punishment in respect of transferred persons.

In part 2 of Art. 6 of the Penal Code of the Russian Federation for the first time formulated the rules for the operation of penitentiary legislation in time: "The execution of punishments, as well as the use of means of correcting convicts and providing assistance to persons released are carried out in accordance with the legislation in force at the time of their execution." This means that the introduction of new norms of the penitentiary legislation may lead to a deterioration in the conditions for serving a criminal sentence for certain categories of convicts.

To determine the conditions for the operation of penal legislation in time, it is necessary to take into account the beginning and end of its operation. In accordance with Art. 1 of the Federal Law of June 14, 1994 No. 5-FZ "On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly" only officially published federal laws are applied in the country. Penitentiary laws, like other federal laws, are subject to official publication within seven days after the day they are signed by the President of the Russian Federation. The official publication of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly is the first publication of its full text in Parliamentary Newspaper, Rossiyskaya Gazeta, or the Collection of Legislation of the Russian Federation.

According to Art. 6 of this Federal Law, federal constitutional laws, federal laws, and acts of the chambers of the Federal Assembly shall enter into force simultaneously throughout the entire territory of the Russian Federation upon the expiration of ten days after their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. Thus, the Penal Code of the Russian Federation was adopted by the State Duma on December 18, 1996, and entered into force on July 1, 1997, since this date was indicated in the Federal Law "On the Enactment of the Penitentiary Code of the Russian Federation." Such a significant period was set for familiarization with the Penal Code of the Russian Federation and for preparing for its application. Currently, most of the laws that change the Penal Code of the Russian Federation come into force from the moment of publication.

A penitentiary law ceases to operate after its repeal, which must be expressly indicated, or after its replacement by a new law. So, after the entry into force of the Penal Code of the Russian Federation, the Penal Code of the RSFSR lost its force.

Topic 5. LEGAL STATUS OF PERSONS SERVING CRIMINAL SENTENCES

5.1. The concept of the legal status (status) of convicts, its types and structure

The concepts of "legal status" and "legal status" in the theory of law and the doctrine of penal law are considered as equivalent. In the most general way legal status of convicts - this is the position of convicts regulated by the norms of various branches of law during the serving of a criminal sentence.

The foundations of the legal status of convicts are enshrined in international legal acts: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, etc.

The legal status (status) of convicts is based on the general legal status of Russian citizens, since Art. 6 of the Constitution of the Russian Federation directly states that a citizen of Russia cannot be deprived of his citizenship. Moreover, according to Art. 20 of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation", serving a criminal sentence serves as an obstacle to renunciation of the citizenship of the Russian Federation at the request of the convict. The preservation of the citizenship of the state and the legal status of a citizen of the Russian Federation for convicts is of great international, socio-political and educational significance, as it characterizes the state's approach to the criminal from a humanistic position. In addition, this means that the legal status of convicts is also fixed by other federal laws that establish rights, freedoms and obligations for all citizens of the state.

Types of legal status of the convict (Fig. 4): 1) general, or constitutional, status of a citizen of the Russian Federation; 2) special, or generic, status of convicts as a certain category of citizens; 3) special, or specific, status of persons serving various types of criminal penalties; 4) individual status. All these types of convict status are closely interconnected and interdependent, overlap each other, and in practice are inseparable.

Convicted persons - foreign citizens and stateless persons - have a different status. They enjoy the rights and bear the obligations that are established by international treaties of the Russian Federation, the legislation of the Russian Federation on the legal status of foreign citizens and stateless persons, with exceptions and restrictions provided for by the criminal, penitentiary and other legislation of the Russian Federation, in particular the Federal Law of July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation".

The most significant for understanding the essence of the legal status of the convict are general, special and individual statuses.

General legal status is the status of the convict as a citizen of the state. It is determined primarily by the Constitution of the Russian Federation and contains the rights and obligations guaranteed by it to everyone and everyone, in particular, the right: to life; protection of personal dignity and personal integrity; freedom of conscience and religion; social Security; health care and medical care. In part 1 of Art. 10 of the Penal Code of the Russian Federation emphasizes that the Russian Federation respects and protects the rights, freedoms and legitimate interests of convicts, thereby the state assumes the obligation to ensure their legal protection and personal security on an equal basis with other citizens and persons under the jurisdiction of the state.

The Constitution of the Russian Federation establishes the basic general civil obligations of convicts (Articles 57, 58). Convicts may be released from the performance of their other civic duties only by federal law.

The special (general) status reflects the peculiarities of the position of convicts as persons subjected to criminal punishment. A feature of this status is the establishment of additional duties and legal restrictions for convicts. In part 2 of Art. 10 of the Penal Code of the Russian Federation states that in the execution of sentences, convicts are guaranteed the rights and freedoms of citizens of the Russian Federation with certain exceptions and restrictions. According to part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen can only be limited by federal law. Therefore, the narrowing of the general legal status of the convict is carried out primarily by the norms of criminal law, which, in relation to a particular type of punishment, determine the amount of deprivation or restriction of rights and freedoms for this person.

Legal restrictions for convicts at the stage of execution (serving) of punishment are established by the penitentiary legislation. It is it, depending on the procedure and conditions for serving a certain type of criminal punishment, that establishes additional restrictions on the rights and freedoms of the convict. This circumstance makes it possible to subdivide the special (generic) status of a convict into special (species) legal statuses of persons serving various types of criminal penalties.

In addition, the Penal Code of the Russian Federation (Part 2, Article 10) provides for the possibility of restricting the rights and freedoms of the convict and other federal laws. For example, Art. 13 of the Federal Law of December 13, 1996 No. 150-FZ "On Weapons" determines that a license to purchase weapons is not issued to citizens of the Russian Federation who are serving sentences for a crime committed.

Individual status is a set of personified duties and rights, legitimate interests and legal restrictions of convicts while serving a criminal sentence. When serving the same type of punishment, convicts may have a different individual legal status, this depends on many factors: gender, age, health status, behavior, etc. In particular, the individual legal status of women sentenced to deprivation of liberty differs significantly from the individual status of men deprived of their liberty, and the status of minors from the status of adult convicts. The individual legal status of the convict is mobile, it changes along with the changes that occur in a person's life while serving a criminal sentence.

The structure of the status of the convict (Fig. 4) forms a set of four elements taken in pairs: duties and rights, legitimate interests and legal restrictions. The ratio of these elements forms the legal content of the status of both a particular convict and persons serving the same type of criminal punishment.

Fig. 4. Types and structure of the legal status of the convict

The legal obligation of convicts is a measure of the legally necessary behavior of a convict while serving a criminal sentence, established in binding and prohibiting legal norms. The legal obligations of convicts consist in the need to perform certain actions (binding norms) or to refrain from them (prohibiting norms). These requirements should ensure the interests of society, the state and other citizens in the execution of criminal penalties, and have a continuous educational impact on the convicts themselves. For failure to fulfill the obligations established by law, convicts bear legal responsibility.

The subjective right of a convict is a measure of legally possible behavior that allows the convict to enjoy certain social benefits, provided by the legal obligations of officials of institutions and bodies executing punishment, other subjects of penitentiary legal relations. The essence of the subjective right of the convict lies in the guaranteed possibility of his certain (allowed, permitted) behavior. To do this, the law establishes the possibilities of the convict: to perform various actions (except for those prohibited by legal norms); demand the fulfillment of legal obligations corresponding to his right from the personnel of institutions and bodies executing punishment, and other persons; apply for protection of their violated rights to state or public bodies.

Legitimate interests of convicts - enshrined in the norms of the right of the desire of the convict to enjoy specific social benefits, satisfied, as a rule, as a result of an objective assessment of his behavior by the administration of institutions or bodies executing criminal penalties, the prosecutor's office, and the court. The legitimate interests of convicts are similar to subjective rights, but are not identical to the latter. Subjective law presupposes the opportunity of the convict to freely use the social benefit, enshrined in the law, which is ensured by the legal obligation of other subjects of penitentiary legal relations. Legitimate interest is the potential opportunity for the convict to have some kind of social benefit, which is realized when the convict fulfills certain actual conditions, it is not opposed by a specific legal obligation. The administration of institutions and bodies executing criminal penalties, and other subjects of penitentiary legal relations, in most cases, assess the behavior of the convict (fulfillment of security requirements, attitude to work, study, etc.). Legitimate interest is a legal incentive and is a legal incentive for the convict's law-abiding behavior. Such behavior creates favorable conditions for persons serving criminal sentences to fulfill their own needs and interests. Only in the presence of the lawful behavior of the convict can legitimate interests be realized aimed at obtaining incentives (parole from serving a sentence, replacing the unserved part of the punishment with a milder type of punishment, receiving an additional visit, etc.) or benefits (travel outside places of deprivation of liberty for the period of vacation, transfer to facilitated or preferential conditions for serving imprisonment, etc.).

Legal restrictions on convicts - legal restraint on the illegal behavior of a convict, creating conditions for ensuring the established procedure and conditions for the execution (serving) of a criminal sentence and the achievement of its goals. The execution of criminal penalties is associated with the restriction of such social values ​​and benefits of the convict as freedom of movement, freedom of communication, the right to privacy, personal and family secrets, privacy of correspondence, the right to inviolability of the home, etc., as well as the peculiarities of the implementation of other rights and freedoms . The volume of legal restrictions on convicts in the execution of different types of criminal penalties is different. Exemptions and restrictions, the specifics of their implementation in this case are established by the Constitution of the Russian Federation, criminal, penal and other legislation of the Russian Federation.

By their nature, legal restrictions refer to protective legal means (measures of protection), i.e. They are, first of all, a kind of legal coercion that ensures the execution of established duties by convicts and is aimed at realizing the goals of criminal punishment. Legal restriction is carried out in state coercion and is intended to protect criminal-executive legal relations from possible offenses by convicts by preventing, suppressing and bringing the perpetrators to a specific type of legal responsibility. Legal restrictions aimed at curbing the illegal aspirations of convicts include the establishment of supervision and control over convicts, the introduction of a regime of special conditions in correctional institutions (Article 85 of the Penal Code of the Russian Federation), the use of physical force, special means and weapons against convicts (Article 86 of the Penal Code of the Russian Federation ), transfer of convicts deprived of liberty to strict conditions for serving sentences, etc.

In addition, legal restrictions are implemented by bringing convicts to justice. Depending on the nature of the violated norms of law, there are criminal, civil, disciplinary and material liability of convicts. The most common type is disciplinary responsibility (articles 58, 71, 115 of the Penal Code of the Russian Federation).

So, the legal status of convicts is understood as a set of legal elements (duties and rights, legitimate interests and legal restrictions) that express the specifics and determine the content of the position of convicts while serving a criminal sentence of one kind or another.

5.2. The content of the duties and rights of convicts

The main duties of convicts are established by Art. 11 of the Penal Code of the Russian Federation. These include: fulfillment of the duties of citizens of the Russian Federation established by the legislation of the Russian Federation, observance of the moral norms of behavior accepted in society, the requirements of sanitation and hygiene; compliance with the requirements of federal laws that determine the procedure and conditions for serving sentences, as well as regulatory legal acts adopted in accordance with them; compliance with the legal requirements of the administration of institutions and bodies executing punishment; polite attitude towards staff, other persons visiting institutions executing punishment, as well as towards other convicts; arrival at the call of the administration of institutions and bodies executing punishment, and giving explanations on the implementation of the requirements of the sentence (in case of non-appearance, the convict may be subjected to forcible bringing).

The legal obligations imposed on convicts while serving their sentences are provided not only by the norms of Art. 11 of the Penal Code of the Russian Federation. With regard to a specific type of criminal punishment, they are set out in the norms of the Special Part of the Penal Code of the Russian Federation, as well as in other regulatory legal acts adopted in accordance with the law. For example, the duties of convicts sentenced to deprivation of liberty are specified in the Internal Rules of Correctional Institutions, approved by Order of the Ministry of Justice of Russia dated November 3, 2005 No. 205. The main duties of convicts in correctional institutions in this document include (clause 14): Rules; compliance with the daily routine established in the correctional facility; arrival at the call of the administration, giving written explanations at its request on the facts of violation of the established procedure for serving sentences and other grounds; passing a medical examination in order to timely detect infectious diseases, as well as to identify the facts of the use of alcoholic, narcotic and potent (toxic) substances; careful attitude to the property of the correctional institution and other types of property; compliance with fire safety requirements; conscientious attitude to work and study; polite relations with each other and in dealing with the staff of the correctional institution and other persons, the fulfillment of their legal requirements; keeping the living quarters, workplaces, clothes clean and tidy, make the bed according to the established pattern, monitor the condition of the beds, bedside tables and duffel bags in the units’ premises where their personal belongings are stored, the presence of bedside signs; observance of the rules of personal hygiene, the presence of a short haircut on the head, beard and mustache (for men), storage of food and personal items in specially equipped places and premises; wearing clothes of the established sample with breastplates and sleeves (in colonies-settlements, convicts can wear civilian clothes); participation in works on the improvement of correctional institutions and territories adjacent to them in the manner prescribed by the criminal executive legislation.

Failure by convicts to fulfill the duties assigned to them, regardless of what normative acts provide for them, as well as failure to comply with the legal requirements of the administration of institutions and bodies executing punishment, entail liability established by law.

The basic rights of convicts are enshrined in Art. 12 of the Penal Code of the Russian Federation. They include the right: to receive information about their rights and obligations, about the procedure and conditions for serving the type of punishment imposed by the court. The administration of the institution or body executing sentences is obliged to provide the convicts with the specified information, as well as to acquaint them with changes in the procedure and conditions for serving sentences; to polite treatment by the staff of the penitentiary institution. They must not be subjected to cruel or degrading treatment or punishment. Coercive measures against convicted persons may be applied only on the basis of the law; for life and health. Convicts, regardless of their consent, cannot be subjected to medical and other experiments that endanger their life and health; to address proposals, applications and complaints to the administration of the institution or body executing punishment, to higher management bodies of institutions and bodies executing punishment, the court, prosecutor's offices, state authorities and local governments, public associations, as well as to interstate bodies for protection of human rights and freedoms; for health care, including receiving primary health care and specialized medical care in an outpatient or inpatient setting, depending on the medical report; for psychological assistance provided by employees of the psychological service of the correctional institution and other persons entitled to provide such assistance; for social security, including for receiving pensions and social benefits, in accordance with the legislation of the Russian Federation; to provide legal assistance. Convicts may use the services of lawyers, as well as other persons entitled to such assistance.

The fundamental rights include the right of convicts to personal security (Article 13 of the Penal Code of the Russian Federation), as well as freedom of conscience and freedom of religion (Article 14 of the Penal Code of the Russian Federation). With regard to a specific type of criminal punishment, the basic rights of convicts are disclosed in the norms of the Special Part of the Penal Code of the Russian Federation, in particular, the right of convicts to health care - in Art. 52, 72, 101, 170, the right to social security - in Art. 98 Criminal Code of the Russian Federation. The procedure for exercising the rights of convicts is established by the Penal Code of the Russian Federation, as well as other regulatory legal acts. Thus, the general procedure for exercising the right of convicts to appeal with proposals, statements and complaints is determined by Art. 15 of the Penal Code of the Russian Federation, and in relation to persons deprived of their liberty, it is specified in part 2 of Art. 91 of the Penal Code of the Russian Federation.

For convicts - foreign citizens and stateless persons in the Penal Code of the Russian Federation, in addition to the basic rights and freedoms guaranteed to convicts - citizens of Russia, additional rights are provided, in particular the right to use their native language. Convicted persons - foreign citizens and stateless persons have the right to give explanations and correspond, as well as to make proposals, applications and complaints in their native language or in any other language that they know, and, if necessary, use the services of an interpreter. Answers to convicts are given in the language of appeal. If it is not possible to give an answer in the language of the appeal, it is given in the state language of the Russian Federation with a translation of the answer into the language of the appeal, provided by the institution or body executing punishment. In addition, those sentenced to arrest, restriction of liberty or imprisonment - foreign citizens have the right to maintain contact with diplomatic missions and consular offices of their states in the Russian Federation, and citizens of states that do not have diplomatic missions and consular offices in the Russian Federation - with diplomatic missions states that have assumed the protection of their interests, or with interstate bodies involved in the protection of these convicts.

The penitentiary legislation establishes a fundamental provision (part 11, article 12 of the Penal Code of the Russian Federation), which determines that in the exercise of the rights of convicts, the procedure and conditions for serving sentences should not be violated, as well as the rights and legitimate interests of other persons should not be infringed.

Topic 6

6.1. Classification of criminal penalties and the system of bodies and institutions that execute them

The execution of criminal penalties is recognized as an exclusive function of the state, for the implementation of which, as a rule, specialized institutions and bodies are created. At the same time, the fundamental provision is fixed in Art. 43 of the Criminal Code of the Russian Federation, - punishment is a measure of state coercion, appointed by a court verdict. The structure of institutions and bodies executing criminal penalties in Russia has always been closely linked to the current system of criminal penalties, enshrined in criminal law.

Entered into force on January 1, 1997, the Criminal Code of the Russian Federation changed the system of punishments. Currently, in accordance with Art. 44 persons who have committed crimes may be subject to: a) a fine; b) deprivation of the right to hold certain positions or engage in certain activities; c) deprivation of a special, military or honorary title, class rank and state awards; d) compulsory work; e) correctional work; f) restriction on military service; h) restriction of freedom; i) arrest; j) detention in a disciplinary military unit; k) deprivation of liberty for a specified period; l) life imprisonment; m) the death penalty.

Having established a new system of punishments, the Criminal Code of the Russian Federation thereby predetermined the types of institutions and bodies executing criminal punishments (Table 2). In Art. 16 of the Penal Code of the Russian Federation, not only all types of criminal penalties provided for in Art. 44 of the Criminal Code of the Russian Federation, but also the bodies and institutions that perform them are determined.

Table 2

Institutions and bodies executing criminal penalties

Execution of punishment in the form of a fine in accordance with Part 1 of Art. 16 of the Penal Code of the Russian Federation and art. 103 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings" is assigned to bailiffs Federal bailiff service. On the courts, sentenced, the execution of criminal punishment in the form of deprivation of a special, military or honorary title, class rank and state awards is assigned.

Currently, the majority of criminal penalties are executed by institutions of the penal system, which since September 1, 1998 has been functioning as part of the Ministry of Justice of Russia. It includes: penal inspections, performing such types of punishments as correctional and compulsory labor, deprivation of the right to hold certain positions or engage in certain activities, as well as exercising control over probationers; correctional centers implement restriction of freedom; detention houses carry out the punishment in the form of arrest; correctional facilities carry out criminal penalties in the form of deprivation of liberty for a fixed term and life imprisonment.

Deprivation of liberty for a certain period is carried out by settlement colonies, correctional colonies of general, strict, special regime, educational colonies, prisons, medical correctional institutions, medical institutions, special correctional institutions for the maintenance of former employees of courts and other law enforcement agencies, pre-trial detention centers in relation to convicts left to carry out work on the maintenance of these institutions, and convicts for a term not exceeding 6 months, left in pre-trial detention centers with their consent. Correctional colonies of a special regime for convicts serving life imprisonment carry out life imprisonment.

The death penalty is executed by the institutions of the penitentiary system. Prior to the introduction of a moratorium on the death penalty, this type of punishment was carried out in strictly established pre-trial detention centers and prisons.

In addition to the listed types of criminal penalties, correctional institutions, correctional centers and arrest houses carry out the application of coercive medical measures to categories of convicts defined by law.

The institutions and bodies executing criminal penalties against military personnel are: disciplinary military units (content in a disciplinary military unit); guardhouses for convicted servicemen or the corresponding departments of garrison guardhouses (arrest); military command units (restriction for military service).

The listed institutions are, as a rule, special state structures for which the execution of criminal penalties is the main function. The penitentiary legislation clearly regulates their activities and powers in the execution of certain types of criminal penalties. In addition, Parts 2 and 3 of Art. 16 of the Penal Code of the Russian Federation provide for the existence of other institutions and bodies that directly implement the requirements of the sentence on the deprivation of the right to hold certain positions or engage in certain activities, as well as the deprivation of a special, military or honorary title, class rank and state awards. These include the administrations of organizations in which convicts work, and bodies authorized, in accordance with the law, to cancel permission to engage in relevant types of activity (part 2), as well as officials who have previously awarded convicts a title, class rank or awarded a state award, or relevant authorities of the Russian Federation.

To date, three types of criminal penalties (restriction of liberty, arrest, death penalty) are not enforced. In accordance with Art. 5 of the Federal Law of January 8, 1997 No. 2-FZ "On the Enactment of the Penitentiary Code of the Russian Federation", the provisions of the Penal Code of the Russian Federation on punishments in the form of restriction of freedom and arrest are put into effect by federal law or federal laws as the necessary conditions for execution of these types of punishments, but at the same time on punishment in the form of restriction of freedom - no later than 2005, on punishment in the form of arrest - no later than 2006. However, the socio-economic situation in the country did not allow the introduction of these criminal penalties within the specified time limits. Currently, draft laws have been submitted to the State Duma on the exclusion from the current legislation of the provisions on arrest as a form of criminal punishment, as well as on changing the content and procedure for the enforcement of restriction of liberty.

In the Decree of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P "On the case of checking the constitutionality of the provisions of Article 41 and part three of Article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the resolution of the Supreme Council of the Russian Federation of July 16, 1993 "On the procedure for introducing into effect of the Law of the Russian Federation "On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and the Code of Administrative Offenses of the RSFSR "" in connection with the request of the Moscow City Court and the complaints of a number of citizens "is established, that, until the creation of jury trials in all regions of Russia, the death penalty cannot only be executed, but also imposed by courts. According to Article 8 of the Federal Law of December 18, 2001 No. 177-FZ (as amended on December 27.12.2006, 1) introduction of the Code of Criminal Procedure of the Russian Federation" jury trials have been operating since January 2004, 1 in all constituent entities of Russia, with the exception of the Chechen Republic, where they are introduced since January 2010, XNUMX

6.2. The penitentiary system of the Russian Federation

For the first time, the term "penal system" was introduced into the normative circulation by the Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty." In the current version of Art. 5 of this Law states that the penitentiary system includes institutions that execute punishments; territorial authorities; federal executive body authorized in the field of execution of sentences (federal body of the penitentiary system). In addition, by decision of the Government of the Russian Federation, the penitentiary system may include pre-trial detention centers, enterprises specially created to ensure the activities of the penitentiary system, research, design, medical, educational and other institutions. The list of organizations and institutions included in the penal system is currently approved by the Decree of the Government of the Russian Federation dated February 2, 2000 No. 89 "On approval of the list of types of enterprises, institutions and organizations included in the penitentiary system."

Penal institutions are legal entities; their types are determined by the Penal Code of the Russian Federation. Decisions on the creation and liquidation of such institutions are made by the Government of the Russian Federation in agreement with the executive authorities of the constituent entities of the Russian Federation.

Institutions executing punishment are obliged: 1) to ensure the implementation of the penitentiary legislation of the Russian Federation; 2) create conditions for ensuring law and order and legality, security of convicts, as well as personnel, officials and citizens located on their territories; 3) ensure the involvement of convicts in labor, as well as carry out their general and vocational education and vocational training; 4) ensure the protection of the health of convicts; 5) carry out activities to develop its material and technical base and social sphere; 6) within the limits of its competence, provide assistance to the bodies carrying out operational-search activities; 7) ensure the regime of detention of suspects and accused persons in respect of whom detention is applied as a preventive measure, as well as the observance of the rights and performance of duties by suspected and accused persons in accordance with Federal Law No. 15-FZ of July 1995, 103 "On detention guards suspected and accused of committing crimes.

The territorial bodies of the penal system (Main departments (Departments) of the Federal Penitentiary Service for the subject of the Russian Federation) are created by the federal body of the penitentiary system in the territories of the subjects of the Russian Federation. They manage subordinate institutions that execute punishments, as well as special units of the penitentiary system for escorting. Territorial bodies are legal entities and own, dispose and use the property assigned to them. In the interests of developing the social sphere of the penal system, as well as attracting convicts to work, the territorial bodies of the penitentiary system have the right to create enterprises of any organizational and legal forms, participate in their creation and activities as a founder, as well as in managing them.

The federal body of the penal system is the Federal Penitentiary Service (FSIN of Russia), which is a federal executive body that performs law enforcement functions, functions of control and supervision in the field of execution of criminal sentences in relation to convicts, functions of maintaining persons suspected or accused of committing crimes, and defendants in custody, their protection and escort, as well as the functions of monitoring the behavior of probationers and convicts who have been granted a reprieve by the court.

The Regulations on the Federal Penitentiary Service of Russia and the maximum number of employees of the central office were approved by Decree of the President of the Russian Federation of October 13, 2004 No. 1314.

The main tasks of the Federal Penitentiary Service of Russia are:

1) execution in accordance with the legislation of the Russian Federation of criminal penalties, detention of persons suspected or accused of committing crimes, and defendants;

2) control over the behavior of probationers and convicts who have been granted a deferment of serving their sentence by the court;

3) ensuring the protection of the rights, freedoms and legitimate interests of convicts and persons held in custody;

4) ensuring law and order and legality in institutions executing criminal sentences in the form of deprivation of liberty, and in pre-trial detention centers, ensuring the safety of convicts and persons held in custody, as well as employees of the penitentiary system, officials and citizens who are on the territories of these institutions and detention facilities;

5) protection and escort of convicts and persons held in custody along established escort routes, escort of citizens of the Russian Federation and stateless persons to the territory of the Russian Federation, as well as foreign citizens and stateless persons in case of their extradition;

6) creation of convicts and persons held in custody, conditions of detention that comply with the norms of international law, the provisions of international treaties of the Russian Federation and federal laws;

7) organization of activities to provide convicts with assistance in social adaptation;

8) management of the territorial bodies of the Federal Penitentiary Service of Russia and directly subordinate institutions.

The personnel of institutions executing punishment are employees of the penitentiary system, who are on the staff of institutions executing punishment, associations of institutions with special conditions for economic activity, enterprises of institutions executing punishment, and pre-trial detention centers that are part of the penitentiary system.

Penitentiary system employees include persons with special ranks of employees of the penitentiary system, workers and employees of institutions executing punishment, associations of institutions with special conditions for economic activity, enterprises of institutions executing punishment, the federal body of the penitentiary system and its territorial bodies, as well as pre-trial detention centers, enterprises, research, design, medical, educational and other institutions included in the penal system.

The procedure and conditions for serving by employees of the penal system are regulated by the Law of the Russian Federation "On institutions and bodies executing criminal penalties in the form of deprivation of liberty" and other regulatory legal acts of the Russian Federation, regulatory legal acts of the Ministry of Justice of Russia. The list of positions of the highest commanding staff of the penitentiary system and the special ranks corresponding to these positions is approved by the President of the Russian Federation.

The organization of the activities of workers and employees, their labor relations are regulated by the legislation of the Russian Federation on labor and the internal regulations of institutions executing punishment.

In addition, paragraph 3 of Art. 8 of the Federal Law of May 27, 2003 No. 58-FZ "On the System of the Public Service of the Russian Federation" allows the establishment of various types of civil service positions in the federal state body. Implementing this legislative provision by Decree No. 5 of January 2005, 4 "On establishing the maximum number of posts of the federal state civil service in the penitentiary system", the Government of the Russian Federation established from January 1, 2005 the maximum number of posts of the federal state civil service in the penitentiary system in the amount of 52 units. These positions have been introduced in the central office of the Federal Penitentiary Service of Russia, as well as in scientific and educational institutions. The activities of state civil servants of the penitentiary system are regulated by the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" and the regulatory legal acts adopted in its development.

6.3. The concept and types of control over the activities of the personnel of institutions and bodies executing criminal penalties

Control is a system of activities of the authorized bodies of the international community, the state and society to establish the compliance of the functioning of institutions and bodies executing criminal penalties with regulatory and legal standards and correct the identified deviations.

The object of control in this area is public relations that arise in connection with and in the course of the official activities of the personnel of institutions and bodies executing criminal penalties. The subject of control is the state of the object of control, its compliance with the Constitution of the Russian Federation, international legal acts, legislation on the federal public service, penitentiary legislation and other regulatory legal acts.

The subjects of control over the execution of criminal penalties are established in the penal legislation. In accordance with Art. 24 of the Penal Code of the Russian Federation, in the performance of official duties, to visit institutions and bodies executing punishment, and, accordingly, to exercise control, without special permission, have the right: the President of the Russian Federation, the Chairman of the Government of the Russian Federation, members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation, the Commissioner for Rights a person in the Russian Federation, as well as presidents and heads of governments of the constituent entities of the Russian Federation, commissioners for human rights in the constituent entities of the Russian Federation, heads of local governments - within the respective territories; The Prosecutor General of the Russian Federation, prosecutors of constituent entities of the Russian Federation, prosecutors subordinate to them, as well as prosecutors directly exercising supervision over the execution of sentences in the respective territories; officials of higher bodies; judges of courts carrying out legal proceedings in the territories where institutions and bodies executing punishments are located; deputies and members of public monitoring commissions exercising control over the activities of institutions and bodies executing punishment - within the respective territories.

In addition, according to Art. 38 of the Law of the Russian Federation "On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty", representatives of international (interstate, intergovernmental) organizations authorized to exercise control over the observance of human rights are vested with the right to control these institutions.

Depending on the subjects of control, international, state and public control are distinguished.

International control provided for by international legal acts on human rights, primarily the International Covenant on Civil and Political Rights (1966), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the European Convention on the Protection of Human Rights rights and fundamental freedoms (1950), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987). Based on the provisions enshrined in these documents, the UN Human Rights Committee, the UN Committee against Torture, the European Court of Human Rights, the European Committee for the Prevention of Torture, respectively, are the control bodies.

There are four forms of international control: the periodic submission by the Russian Federation of reports on the observance of human rights, including the execution of criminal penalties; reports of foreign states about violations in the Russian Federation of the rights of convicts, the use of torture, other cruel, inhuman or degrading treatment or punishment against them; individual complaints of convicts and persons who have served a criminal sentence about the violation of their civil and political rights while serving their sentences; visits by members of the European Committee for the Prevention of Torture to places of detention.

State control over the activities of the personnel of institutions and bodies executing criminal penalties, includes several types. This is presidential control exercised by the President of the Russian Federation and his representatives; parliamentary control exercised by the Federal Assembly of the Russian Federation and its chambers, individual members of the Federation Council and deputies of the State Duma; control of the Government of the Russian Federation, federal executive authorities (Ministry of Justice of Russia, Federal Penitentiary Service of Russia and territorial bodies of the penitentiary system); judicial control exercised by courts of general jurisdiction, arbitration courts; human rights control carried out by the Commissioner for Human Rights in the Russian Federation, the Commissioners for Human Rights in the constituent entities of the Russian Federation; prosecutor's supervision carried out by the prosecutor's office of the Russian Federation; financial control exercised by the Accounts Chamber of the Russian Federation, the Ministry of Finance of the Russian Federation and its subordinate federal services.

The organization and procedure for the implementation of various types of state control, as well as its forms, are defined in Art. 19 - 22 of the Penal Code of the Russian Federation and in other laws regulating the activities of the listed state bodies, for example, in the Code of Criminal Procedure of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation", the Federal Constitutional Law of February 26, 1997 No. 1-FKZ "On the Commissioner for Human Rights in the Russian Federation", etc.

Public oversight - this is the control of civil society institutions over the activities of the personnel of institutions and bodies executing criminal penalties. It is provided for in Art. 23 of the Penal Code of the Russian Federation. An analysis of the current legislation and the established control practice in the field of execution of criminal penalties shows that the subjects of public control include the Public Chamber of the Russian Federation, public councils under the Federal Penitentiary Service of Russia and territorial bodies of the penitentiary system, public monitoring commissions, pardon commissions in the territories of the constituent entities of the Russian Federation , local self-government bodies, public and religious associations, mass media, individual citizens. The main direction of the control activity of public structures is the observation and verification of the observance of the rights, freedoms and legitimate interests of convicts.

Topic 7

7.1. The concept and essence of the execution of criminal punishment

The execution of criminal penalties as a specific area of ​​state activity acts as one of the tools for implementing the nationwide task of combating crime. Institutions and bodies executing criminal penalties will accomplish this task by achieving such goals of criminal punishment as the correction of convicts and the prevention of new crimes. The essence of criminal punishment is state coercion, which consists in depriving or restricting the rights and freedoms of the convicted person (punishment). Concerning execution of criminal punishment means the activities of institutions and bodies executing criminal penalties established by the norms of penal law, aimed at realizing the goals of criminal punishment through the application of state coercion measures to convicts.

The grounds for the execution of criminal penalties and the application of other measures of a criminal law nature are a sentence or a court ruling that changes its definition or a court decision that has entered into force, as well as an act of pardon or an act of amnesty (Article 7 of the Penal Code of the Russian Federation). According to Art. 392 of the Code of Criminal Procedure of the Russian Federation, a sentence, ruling, court order that has entered into legal force are binding on all state authorities, local authorities, public associations, officials, other individuals and legal entities and are subject to strict execution throughout the territory of the Russian Federation. The measures that ensure the actual execution of a sentence that has entered into legal force include: a) the presence of special bodies that are entrusted with the obligation to execute specific types of criminal punishment; b) the possibility of replacing the imposed criminal punishment with another type of it in connection with the evasion of the convicted person from serving the sentence; c) establishment of criminal liability for evasion from serving a sentence, non-execution by an official of a sentence, ruling or court order. Failure to comply with a sentence, ruling, court order entails liability under Art. 315 of the Criminal Code of the Russian Federation.

The application of measures of state coercion to convicts is complex and is implemented in the legal restrictions established for convicts by the procedure and conditions for serving a particular type of criminal punishment. Coercion is inherent in all types of criminal punishment, but the scope of legal restrictions in the execution of each of them is different. The widest range of legal restrictions, which contain the punitive potential of punishment, is established for convicts serving criminal sentences associated with isolation from society (arrest, imprisonment, detention in a disciplinary unit). The main restrictions here are: freedom of movement, freedom of communication, maintaining contact with relatives and friends, the right to freely dispose of one’s abilities for work, etc. To a lesser extent, legal restrictions are implemented in the execution of criminal penalties that are not related to the isolation of the convict from society (Article 39 , 40 of the Penal Code of the Russian Federation). So, in the execution of punishment in the form of corrective labor, punishment is expressed in restricting the right of the convict to choose a place of labor activity and in deducting from his earnings to the state revenue from 5 to 20%. With a fine, the punitive effect consists in a temporary restriction of the property rights of the convicted person, which lasts from the day the court verdict enters into legal force and until the full payment of the amount of the fine appointed by the court (Article 31 of the Penal Code of the Russian Federation).

In addition to the application of coercive measures to convicts, the execution of a criminal punishment includes the provision of psychological and pedagogical influence on them, the organization of their life (food, household and medical services), the creation of conditions for work and rest, etc. The execution of any type of criminal punishment is closely connected with the provision of a corrective effect on the convict and forms a single punitive and corrective process.

7.2. The concept of correction of convicts and its main means

In part 1 of Art. 9 of the Penal Code of the Russian Federation for the first time at the legislative level, a definition of the concept of correction of convicts is given. Correction of convicts - this is the formation of a respectful attitude towards a person, society, work, norms, rules and traditions of human society and stimulation of law-abiding behavior. It is considered as a process of changing the personality of the convict, which occurs under the influence of both external (objective) and internal (subjective) conditions of its development. External influence is exerted by employees of institutions and bodies executing criminal sentences, representatives of other state and public structures, relatives and friends of persons serving criminal sentences, as well as other convicts. All of them participate in the process of moral, legal, labor, aesthetic, intellectual and physical development of the convict's personality. It is this kind of activity that is covered by the term "correctional influence".

The correction of convicts is simultaneously considered as a result of the execution of punishment and the use of means of corrective action. Currently, the Criminal Code of the Russian Federation connects the application, for example, of parole (Article 79) with the conviction of the court that for his correction, the convict does not need to fully serve the sentence imposed by the court. Therefore, it is an appraisal concept. Its content will depend on the degree of correction of the convict, which will be determined by the institutions and bodies executing criminal penalties. The Penal Code of the Russian Federation uses various terms that establish this degree. So, part 2 of Art. 56 determines that the active participation of convicts sentenced to restriction of freedom in ongoing educational activities is encouraged and taken into account when determining the degree of their correction.

When defining the concept of correction, the legislator focuses on the formation in convicts of personality traits that are actually achievable during the execution of punishment - instilling elementary habits and behavior skills in society: respect for a person, work, norms and rules of human society.

In accordance with Part 2 of Art. 9 of the Penal Code of the Russian Federation, the main means of correction include: 1) the established procedure for the execution and serving of punishment (regime); 2) educational work; 3) socially useful work; 4) receiving general education; 5) professional training; 6) social impact (Fig. 5).

Fig. 5. The main means of correction of convicts

The concept of a regime, which is defined as an established procedure for the execution and serving of a sentence, was previously used in the corrective labor legislation only in relation to the execution of deprivation of liberty. The mode of execution and serving the sentence is multifunctional in its focus. It acts as one of the means of correction (part 2 of article 9 of the Penal Code of the Russian Federation), creates conditions for the use of other means of correction (part 2 of article 82 of the Penal Code of the Russian Federation). With regard to certain types of punishment, the regime acquires a specific content. The rules of the regime are implemented most fully and comprehensively in correctional institutions, arrest houses, disciplinary military units and correctional centers. It regulates the whole way of life of convicts both outside working hours and in the process of work. It covers all areas of their life in places of punishment.

Since the regime determines the internal regulations of correctional institutions and other institutions executing punishment, it includes appropriate requirements for ensuring law and order on the territory of these institutions, the observance of both convicts and staff of their duties and the exercise of their rights. Its norms are also addressed to other persons visiting these institutions (representatives of authorities, public associations, clergymen, relatives of convicts).

When serving sentences that are not related to isolation from society, the totality of the main elements that form the content of the regime significantly narrows the scope of legal restrictions for convicts, and the regulation of specific rules for their behavior is reduced. However, during the execution of these punishments, there is control over the behavior of convicts, which acts as one of the main elements of the regime.

Among the main means of correction, the legislator includes educational work, which is aimed at developing in convicts elementary skills of socially approved behavior: respect for the individual, society, the norms prevailing in it, the rules of conduct and traditions of human community, for work and its results, for the law. With regard to specific types of punishment, the Penal Code of the Russian Federation determines the directions and main forms of educational work with convicts (Articles 56, 109 - 110, 165). Educational work is the main part of the professional activity of many employees of institutions and bodies executing criminal penalties. It is based on the principles of humanism and pedagogy: the inclusion of convicts in active socially useful activities; formation of relations among convicts based on universal values; a combination of exactingness towards convicts with a humane and fair attitude towards them; support in educational work on the positive qualities of the individual; an integrated approach to the organization of educational work; individual and differentiated approach in the process of education. Educational work with convicts includes individual educational work, work with certain groups and categories of convicts, the organization of a normal psychological and pedagogical climate in their environment, the use of the educational potential of other means of correcting convicts, etc.

Socially useful work is traditionally one of the main means of reforming convicts. International legal acts on human rights and the treatment of convicts recognize the obligatory work of convicts (paragraph 2 of article 71 of the Standard Minimum Rules for the Treatment of Prisoners). The new European Prison Rules of 2006 (paragraph 26.1) state that work in places of detention should be considered as a positive element of the internal regime and never used as a punishment. The International Covenant on Civil and Political Rights (clause 3, article 8) does not classify the work performed by persons who are imprisoned on the basis of a court order as forced labor. In the previous corrective labor legislation and law enforcement practice, its role was exaggerated: for a long time, labor was only formally considered as the basis for the correction of convicts, and correctional institutions essentially acted as industrial enterprises that were obliged to fulfill the production plan and make a profit. Today the situation is the opposite. The crisis in the economy has led to the fact that many convicts are not involved in work due to lack of work, and idleness, especially in conditions of isolation from society, contributes to an increase in the number of offenses among convicts. But even under these conditions, the Penal Code of the Russian Federation considers socially useful work as a duty of convicts (part 4 of article 40, part 3 of article 50, part 1 of article 103, part 1 of article 164). The significance of socially useful labor for the correction of a convict lies in the fact that a conscientious attitude to labor duties is taken into account when determining the degree of correction of a particular convict; allows convicts to maintain their physical and mental health; is the basis for satisfying the material needs of not only the convict, but also for helping them with the family, accumulating the necessary funds for a device after serving the sentence; often the labor skills acquired during the serving of the sentence allow the convict to solve the problem of employment after serving the sentence.

The main means of reforming convicts include their general education and vocational training. International acts on the treatment of convicts pay considerable attention to their general education and vocational training and consider them as an integral element of education. A special section of the Standard Minimum Rules for the Treatment of Prisoners is devoted to this issue. In paragraph 2 of Art. 77 emphasizes that "the education of prisoners should, as far as possible, be linked to the education system existing in the country". Rule 28.7 of the European Prison Rules (2006) elaborates on this provision. It states that, as far as is practicable, the education of prisoners should: (a) be integrated into the national system of education and vocational training so that, upon release, they can continue their education and vocational training without difficulty; b) take place under the patronage of external educational institutions. Such attention to the organization of education of convicts is not accidental, since it implements the cognitive activity of the individual. It contributes to the formation of the intellect of the individual, his life prospects, the moral change of the convict. In modern conditions, institutions and bodies executing criminal penalties, together with educational authorities, are forced to solve complex issues of eliminating illiteracy among convicts and obtaining a general education for them. So, in correctional institutions, compulsory general education is organized for those sentenced to deprivation of liberty who have not reached the age of 30 years. Convicts serving sentences in the form of restriction or deprivation of liberty, who do not have the necessary specialty, are provided with primary vocational education or vocational training. The forms and organization of the educational process are regulated by the Penal Code of the Russian Federation (part 4 of article 53, part 4 of article 129, art. 108, 112, 141) and the legislation of the Russian Federation on education. Federal Law No. 21-FZ of July 2007, 194 "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Establishment of Compulsory General Education" established the obligation of the administration of a correctional institution, taking into account the available opportunities, to assist convicts in obtaining higher professional education (Part 4 of Art. 108 article XNUMX of the Criminal Code). This norm allows convicts to expand their opportunities for higher education through distance and distance learning.

Raising the educational and professional levels creates the prerequisites for successful social adaptation of the convict after his release from serving a criminal sentence.

For the first time in the penitentiary legislation, social influence is fixed as one of the means of correcting convicts, although in the previous corrective labor legislation, public participation in the correction of convicts was provided for in a variety of forms. The provisions of Part 2 of Art. 9 of the Penal Code of the Russian Federation are reflected in its various articles (Articles 14, 23, 142). So, in Art. 23 emphasizes that public associations assist in the work of institutions and bodies that execute punishments, and take part in the correction of convicts. In development of this provision, the draft Federal Law "On public control over the provision of human rights in places of detention and on the assistance of public associations to their activities" establishes the main directions for the assistance of public associations to institutions and bodies executing criminal penalties: a) improving the conditions of detention and medical sanitary provision of convicts; b) participation in the organization of labor, leisure, education of convicts; c) participation in the moral, legal, cultural, social, labor, physical education and development of convicts; d) ensuring freedom of conscience and freedom of religion for convicts; e) assistance to convicts in preparing for release, resolving issues of housing and communal services, employment, medical care and social security, socio-psychological rehabilitation and adaptation; f) strengthening the material and technical base of places of detention (art. 16). For the implementation of the specified activities in Art. 17 of the draft law defines the following organizational forms: a) transfer of gratuitous material assistance to institutions and bodies executing punishment and places of detention; b) financing of assistance programs in the work of institutions and bodies executing punishment, and places of detention; c) other forms not prohibited by law.

In part 3 of Art. 9 of the Penal Code of the Russian Federation emphasizes that all the considered means of correction should be applied in combination, while taking into account the type of punishment, the nature and degree of social danger of the crime committed, the personality of the convict and his behavior. This provision reflects the principle of differentiation and individualization of the execution of punishment and the use of means of correction. Differentiation of the execution of punishment and the use of means of correction is primarily based on taking into account the type of punishment that convicts are serving, the typological features of their various categories (men, women, minors, adults, the disabled, etc.) Taking into account the characteristics of each type of punishment and the group of convicts PEC The Russian Federation determines the specific procedure and conditions for its execution and the use of corrective means.

The individualization of the use of means of correction is based on taking into account the following signs listed in the law: the nature of the crime committed, i.e. whether it is violent, mercenary, whether it is directed against a particular citizen or society as a whole, whether it is anti-state in nature; the degree of public danger of the committed crime, i.e. whether it is a crime of small or medium gravity, grave or especially grave (Article 15 of the Criminal Code of the Russian Federation); the identity of the convict, i.e. its socio-demographic, moral-psychological and other features, in particular the degree of socio-moral depravity, which is determined by the duration and intensity of past criminal activity, recidivism of crimes; behavior of convicts, i.e. the degree of correction in terms of attitudes towards compliance with the established procedure for serving sentences, participation in socially useful work, amateur organizations of convicts, etc.

Topic 8

8.1. General characteristics of criminal penalties not related to the isolation of the convict from society (alternative penalties)

In August 1990, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana, endorsed the United Nations Standard Minimum Rules for Non-custodial Measures. The rules were developed by the Institute for Asia and the Far East at the UN in Tokyo (hence their abbreviated name - Tokyo Rules). This document in Art. 8.2 contains a whole range of alternative measures to imprisonment (alternative punishments). The choice and application of a particular measure "is based on an assessment of established criteria with regard to both the nature and severity of the offense and the personality, biography of the offender, the purpose of the sentence and the rights of the victims." And although the above list is advisory in nature, the UN member states are striving to create a wide range of criminal penalties.

The new criminal and penitentiary legislation of Russia brought the system of criminal penalties closer to the requirements of international standards for the treatment of offenders (Table 3).

The listed types of punishment, depending on the scope of application as a means of correcting socially useful labor, can be divided into two groups. The first group, in which the labor activity of the convict is optional, can include such punishments as a fine, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a special, military or honorary title, class rank and state awards. The second group contains punishments where socially useful work is mandatory, it includes compulsory work, corrective labor, restriction of freedom.

The advantages of alternative punishments are: they are less repressive, they do not restrict the convict's freedom of movement, freedom of communication with other citizens, etc.; during their execution, socially useful ties of convicts with relatives and friends, labor collectives and public associations are not interrupted; convicts are not removed from their usual social environment, so there is no need for their social rehabilitation after serving a criminal sentence; allow avoiding close contact of the convict with criminals and getting negative experience; society does not incur large material costs for the maintenance of such convicts; social control over the execution of criminal punishment is carried out more effectively, the rights, freedoms and legitimate interests of convicts are ensured.

A specific feature of the group of punishments under consideration is that the persons sentenced to them are not always provided with a permanent corrective effect, as is the case, for example, when serving a prison sentence.

Table 3

Comparison of alternative punishments provided for by the Tokyo Rules and the system of criminal penalties in Russia

8.2. Execution of punishments in the form of a fine, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a special, military or honorary title, class rank and state awards

Штраф - a monetary penalty imposed by the court in the amount of 2500 to 1 million rubles. or in the amount of wages or other income of the convicted person for a period of two weeks to five years. A fine in the amount of 500 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of more than 3 years, may be appointed only for grave and especially grave crimes in cases specially provided for by the articles of the Special Part of the Criminal Code of the Russian Federation (Article 46).

According to part 2 of Art. 88 of the Criminal Code of the Russian Federation, a fine is imposed both if the minor convict has independent earnings or property that can be levied, and in the absence of such. A fine imposed on a juvenile convict, by a court decision, may be recovered from his parents or other legal representatives with their consent. A fine is imposed in the amount of 1000 to 50 thousand rubles. or in the amount of wages or other income of a convicted juvenile for a period of 2 weeks to 6 months.

The amount of the fine in each particular case is determined by the court based on the severity of the crime committed and the property status of the convict and his family, as well as on the possibility of the convict receiving wages or other income in the future. Taking into account these circumstances, the court may impose a fine with a lump sum payment or with an installment payment in certain installments for up to 3 years.

A fine can act as both the main and additional criminal punishment. As an additional punishment, it can be imposed only in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, for example, in combination with imprisonment for a certain period (part 3 of article 146, parts 3, 4 of article 158 of the Criminal Code of the Russian Federation) or with deprivation of the right to hold certain positions or engage in certain activities (parts 1, 2 of article 169, article 289 of the Criminal Code of the Russian Federation).

Criminal punishment in the form of a fine is executed by bailiffs at the place of residence (work) of the convicted person. The execution of this type of punishment is regulated by Ch. 5 of the Penal Code of the Russian Federation, as well as the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings".

In Art. 31 of the Penal Code of the Russian Federation establishes the procedure for serving this type of punishment, according to which a person sentenced to a fine without installment payment is obliged to pay a fine within 30 days from the date the court verdict enters into force. The court that passed the verdict explains to the convicted person that he can voluntarily pay the amount of the fine to a banking institution (RCC) where the court's deposit account is located before the verdict comes into force. The convict is warned that in case of non-payment of the fine imposed as the main punishment within the period established by law, it will be replaced by another punishment within the sanction of the relevant article of the Special Part of the Criminal Code of the Russian Federation. If a fine is imposed as an additional punishment, then it can be collected forcibly. A receipt for the payment of a fine issued by a banking institution must be presented to the convict at the office of the court that passed the sentence.

If the convict is not able to pay the fine at a time, the court, at his request, may defer the payment of the fine for up to 3 years. The request of the convict may be satisfied if he proves his difficult financial situation, which occurred due to the serious illness of the convict or his close relatives, the presence of young children and other dependents, a fire or other natural disaster, etc.

A person sentenced to a fine with payment by installments, as well as a convicted person in respect of whom the court has decided to pay the fine by installments, shall be obliged to pay the first part of the fine within 30 days from the date of entry into force of the sentence or court decision. The convict is obliged to pay the remaining parts of the fine on a monthly basis no later than the last day of each subsequent month.

If the convict does not pay the fine or part of the fine within the period established by law, then he is recognized as maliciously evading the payment of the fine. With regard to a convicted person who maliciously evades paying a fine imposed as the main punishment, the bailiff not earlier than 10, but not later than 30 days from the date of expiration of the deadline for payment, sends to the court a proposal to replace the fine with another type of punishment within the sanction provided for corresponding article of the Special Part of the Criminal Code of the Russian Federation.

With regard to the convict, maliciously evading the payment of a fine imposed as an additional punishment, the bailiff shall recover the fine by force. This duty is assigned to the unit of bailiffs at the place of residence of the convicted person or at the place of serving his main sentence. In accordance with Art. 68 of the Federal Law "On Enforcement Proceedings" measures for the enforcement of a fine are: 1) foreclosure on the debtor's property, including cash and securities; 2) foreclosure on periodic payments received by the debtor due to labor, civil law or social legal relations; 3) foreclosure on the property rights of the debtor; 4) seizure from the debtor of the property awarded to the recoverer; 5) seizure of the debtor's property, which is with the debtor or with third parties, in pursuance of a judicial act on the seizure of property; 6) applying to the registering body to register the transfer of the right to property, including securities, from the debtor to the recoverer in the cases and in the manner established by federal law; 7) performance on behalf and at the expense of the debtor of the action specified in the executive document, if this action can be performed without the personal participation of the debtor; 8) forced move-in of the exactor in the dwelling; 9) forced eviction of the debtor from the dwelling; 10) release of non-residential premises, storage from the stay of the debtor and his property; 11) other actions provided for by federal law or an executive document.

The bailiff takes measures to enforce the recovery of a fine for a crime in the general procedure for foreclosure on the debtor's property established by federal law, in cases where:

1) the fine for the crime, imposed as the main punishment, is not paid by the debtor within the time limit for voluntary execution and the court refused to replace the fine with another type of punishment;

2) a fine for a crime imposed as an additional punishment has not been paid by the debtor within the time limit for voluntary execution;

3) a fine for a crime committed by a minor has not been paid by the person who is charged by the court with the obligation to pay it within the time limit for voluntary execution.

The main form of enforcement of a fine is to foreclose on any property of the convict. As a general rule, the execution of executive documents is levied primarily on the money of the convict in rubles and foreign currency and other valuables, including those located in banks and other credit organizations. If the convict does not have sufficient funds to pay the fine, foreclosure is levied on other property belonging to him, with the exception of that which, in accordance with federal law, cannot be foreclosed (the list of such property is provided for in Article 446 of the Code of Civil Procedure of the Russian Federation). An inventory of the property is made by the bailiff-performer to the extent necessary to recover the amount of the fine. The convict has the right to indicate those types of property or items that should be levied in the first place. Finally, the sequence of foreclosure on the property of the convicted person is determined by the bailiff.

The Russian Federal Property Fund is engaged in the sale of property for the purpose of executing a fine in accordance with Decree of the Government of the Russian Federation of December 21, 2000 No. 980 "On the transfer of the functions of the Federal Debt Center under the Government of the Russian Federation to the Russian Federal Property Fund".

Foreclosure on property is not levied if a citizen works or receives a pension or stipend and the amount of the levy does not exceed that share of the monthly salary or other earnings, pension or stipend, which may be levied under the law. In these cases, the executive document is sent to the appropriate organization for deduction from earnings (pensions, scholarships).

Foreclosure on wages and other types of income of the convicted person is levied in the event of the recovery of an amount or periodic payments not exceeding 10 thousand rubles, if the convicted person does not have property or if the property is insufficient to fully pay off the amount of the fine. The sums withheld must be transferred to the deposit account of the court.

The amount of deductions from the wages and other types of income of the convicted person is calculated from the amount remaining after the withholding of taxes. When executing a fine, no more than 50% of the salary and equivalent payments and extraditions may be withheld from the convict until the full repayment of the amount of the fine. When withholding from wages (payments and extraditions equivalent to it) under several executive documents, 50% of the earnings must be kept for the convict. If the convicted person is simultaneously recovering alimony for the maintenance of minor children, as well as any amounts for compensation for harm to health or harm to persons who have suffered damage as a result of the death of the breadwinner, or for damage caused by a crime, then the amount of deductions cannot be more than 70%.

With regard to citizens serving their sentences in correctional institutions, the execution of executive documents is levied on all earnings, minus deductions for reimbursement of expenses for their maintenance in these institutions.

With the end of the actions of the bailiff, the writ of execution with a mark on the execution of the sentence on the collection of a fine is sent to the court that passed the sentence. The writ of execution shall be attached to the criminal case.

A convict who maliciously evades serving a sentence, whose whereabouts are unknown, is put on the wanted list and may be detained for up to 48 hours. This period may be extended by the court up to 30 days.

Deprivation of the right to hold certain positions or engage in certain activities according to Art. 47 of the Criminal Code of the Russian Federation consists in the prohibition to hold positions in the public service, in local governments, or to engage in certain professional or other activities. This punishment is established for a period of 1 to 5 years as the main and from 6 months to 3 years - as an additional type of punishment. It can be imposed as an additional type of punishment in cases where it is not provided for by the relevant article of the Criminal Code of the Russian Federation as a punishment for the corresponding crime, if, taking into account the nature and degree of social danger of the crime committed and the personality of the perpetrator, the court finds it impossible to retain his right to hold certain positions or engage in certain activities.

If this type of punishment is appointed as the main one, as well as additional to a fine, compulsory work, corrective labor and in case of conditional conviction, its term is calculated from the moment the court verdict enters into legal force. The term of the said punishment shall not include the time during which the convict occupied positions prohibited for him or engaged in activities prohibited for him. In this case, the deprivation of the right to occupy certain positions or engage in certain activities is carried out by the penitentiary inspection at the place of residence (work) of the convicted person.

In the event of a punishment in the form of deprivation of the right to hold certain positions or engage in certain activities as an additional type of punishment to restriction of freedom, arrest, detention in a disciplinary military unit, deprivation of liberty, it extends to the entire time of serving the specified basic types of punishment, but at the same time its term calculated from the moment of their departure. The execution of this type of punishment is accordingly assigned to the institutions and bodies that execute the main types of punishment, and after serving the main type of punishment - to the penitentiary inspections at the place of residence (work) of the convicted person. The term of punishment in this case is calculated from the day the convicted person is released from the correctional center, from arrest, from a disciplinary military unit or from a correctional institution.

The requirements of the sentence to deprive the right to occupy certain positions or engage in certain activities are executed by the administration of the organization in which the convicted person works, as well as by the bodies competent in accordance with the law to annul the permission to engage in the relevant activity.

The procedure for the execution of this type of punishment is established by Ch. 6 of the Penal Code of the Russian Federation, Art. 33 - 35 which defines the duties of all institutions and bodies, which are entrusted by law with the execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The powers of the penitentiary inspectorates for the execution of this type of punishment are regulated in the Regulations on penitentiary inspections, approved by Decree of the Government of the Russian Federation of June 16, 1997 No. 729, as well as in the departmental regulatory act - Instructions on the procedure for the execution of punishments and measures nature without isolation from society, approved by order of the Ministry of Justice of Russia dated April 12.04.2005, 38 No. XNUMX.

Penitentiary inspections keep records of convicts; control the observance by convicts of the prohibition stipulated by the court verdict to hold certain positions or engage in certain activities; verify the fulfillment of the requirements of the sentence by the administration of the organizations in which the convicts work, as well as by the bodies authorized to cancel the permission to engage in certain activities prohibited to the convicts; organize educational work with convicts. In cases of conscription or entry of convicts into military service or their entry into alternative civilian service, the penitentiary inspections send to the military commissariat or at the place of service of the convicts a copy of the court verdict for the execution of this punishment during service.

The administration of an institution in which a person who is also sentenced to an additional punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities is serving the main type of punishment may not involve the convicted person in work, the performance of which is prohibited to him.

The administration of the organization in which the convict works is obliged: a) no later than 3 days after receiving a copy of the court verdict and notification from the penitentiary inspectorate, release the convict from the position that he is deprived of the right to occupy, or prohibit him from engaging in certain activities, send him to the penitentiary inspectorate notification of the execution of the requirements of the sentence; b) submit, at the request of the penitentiary inspection, documents related to the execution of punishment; c) in case of change or termination of the employment contract with the convict, within 3 days, notify the penitentiary inspection; d) in the event of dismissal from the organization of a convict who has not served his sentence, make an entry in his work book on the basis on which, for how long and what position he is deprived of the right to hold or what activity he is deprived of the right to engage in.

Bodies authorized to cancel the permission to engage in certain activities, no later than 3 days after receiving a copy of the court verdict and notification from the penitentiary inspection, are obliged to cancel the permission to engage in activities that are prohibited to the convicted person, withdraw the relevant document granting this person the right to engage in this activity, and send a message about this to the criminal-executive inspection.

The obligations of a person sentenced to deprivation of the right to hold certain positions or engage in certain activities are defined in Art. 37 of the Penal Code of the Russian Federation. The convicts are obliged to fulfill the requirements of the sentence, to submit, at the request of the penitentiary inspectorate, documents related to the serving of the specified punishment, to inform the penitentiary inspectorate about the place of work, its change or dismissal from work, as well as about the change of place of residence.

For non-execution of a court verdict that has entered into legal force, a court decision or other judicial act on deprivation of the right to hold certain positions or engage in certain activities, representatives of the authorities, civil servants, employees of local governments, employees of state or municipal institutions, commercial or other organizations, as well as convicts who violate the requirements of the sentence are liable in the manner prescribed by the legislation of the Russian Federation (Article 38 of the Penal Code of the Russian Federation). The relevant official or head of the organization is warned of liability under Art. 315 of the Criminal Code of the Russian Federation, which is applied in case of malicious non-execution of a court sentence. Violation of a ban established by a court verdict after a warning by the penitentiary inspectorate is considered malicious.

A convict who has violated the court's ban shall not bear responsibility in accordance with the current criminal legislation. In certain cases, the offender may be held administratively liable, for example, for driving a vehicle after depriving him of such a right. If the penitentiary inspection becomes aware that the convicted person is engaged in activities prohibited for him, not related to work for hire, it notifies the body that controls the activity in question. The convict, in turn, is warned of the need to stop the activities prohibited for him by the court verdict.

Deprivation of a special, military or honorary title, class rank and state awards may be applied by the court, taking into account the identity of the perpetrator when convicted for committing a grave or especially grave crime (Article 48 of the Criminal Code of the Russian Federation). This punishment is used only as an additional one. The criminal law in the sanctions of the articles of the Special Part does not contain direct instructions on its application, therefore, the court, at its discretion, has the right to apply it to the guilty in order to enhance the moral impact of the sentence for committing any grave or especially grave crime.

Special titles are the titles assigned to certain categories of federal civil servants who fill positions in the law enforcement service. For example, employees of internal affairs bodies and the penitentiary system.

Military ranks are those established in the Armed Forces of the Russian Federation, foreign intelligence agencies, federal security agencies, other troops and military formations, where military service is provided in accordance with the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service ".

Class ranks according to Art. 13 of the Federal Law of May 27, 2003 No. 58-FZ "On the system of public service of the Russian Federation" are assigned in accordance with federal laws on types of public service to citizens undergoing federal public service. The Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" determines that the class ranks of the civil service are assigned to civil servants in accordance with the position to be filled within the group of civil service positions (Article 11), for example, state Counselor of the Russian Federation 1st, 2nd, 3rd class, referent of the State Civil Service of the Russian Federation 1st, 2nd, 3rd class.

The issue of deprivation of special, military ranks or class ranks can be resolved both in relation to persons in the service and those in the reserve (retirement). In this case, a copy of the court verdict in relation to the reserve serviceman is sent to the military commissariat at the place of military registration (part 3 of article 61 of the Penal Code of the Russian Federation).

State awards, in accordance with the Regulations on State Awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442 "On State Awards of the Russian Federation", are the highest form of encouraging citizens for outstanding services in protecting the Fatherland, state building, and the economy , science, culture, art, education, education, protection of health, life and rights of citizens, charitable activities and other outstanding services to the state. State awards of the Russian Federation are, for example: the title of Hero of the Russian Federation; orders (Order "For Merit to the Fatherland", Order of Zhukov, etc.); medals (medal of the Order "For Services to the Fatherland", medal "For Courage", etc.); insignia of the Russian Federation (a sign of special distinction - the Gold Star medal); honorary titles of the Russian Federation ("Pilot-Cosmonaut of the Russian Federation", "People's Artist of the Russian Federation", "Honored Lawyer of the Russian Federation", etc.). In this system, state awards and honorary titles of the USSR, previously awarded, are retained.

Article 61 of the Penal Code of the Russian Federation determines that the court that delivered the verdict, after its entry into force, sends a copy of the verdict to the official who awarded the convict a rank, class rank or awarded him a state award, who, in the prescribed manner, makes an entry in the relevant documents about the deprivation of the convict of special, military or honorary rank, class rank or state awards, and also takes measures to deprive him of the rights and benefits provided for persons with the corresponding rank, rank or awards. So, orders, medals, insignia and badges for honorary titles, award documents belonging to a person deprived of them are confiscated by law enforcement agencies and sent to the Office of the President of the Russian Federation for Personnel Issues and State Awards.

The official, within one month from the date of receipt of a copy of the verdict, informs the court that passed the verdict about its execution.

Punishment in the form of deprivation of a special, military or honorary title, class rank and state awards does not apply to titles that are of a qualifying nature, i.e. confirming the level of professional skill recognized by the state. These include academic degrees and academic titles, sports titles, professional qualification categories. The court has no right to deprive the convict of these titles.

Topic 9

9.1. Legal regulation of execution (serving) of compulsory works

Compulsory work is a new type of criminal punishment for Russia. They began to be applied only from January 1, 2005, after the provisions of the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation on punishment in the form of compulsory labor were enacted by Federal Law No. 28-FZ of December 2004, 177. Compulsory work consists in the performance of free socially useful works by the convict in his free time from his main work or study. The type of compulsory work and the facilities where they are served are determined by local governments in agreement with the penitentiary inspections (part 1 of article 49 of the Criminal Code of the Russian Federation).

The list of types and objects of compulsory work is established by local governments, taking into account the public needs of a given settlement in cleaning and landscaping, repair, loading and unloading and other similar work. This duty may be assigned to the administration of municipalities.

Based on the availability of labor objects, the penitentiary inspection determines the specific type of public work for the convict, taking into account his personality, labor and professional skills, as well as the ability to control the convict's behavior and attitude to work. When determining the type of compulsory work, the wishes of the convict are taken into account, if there are appropriate conditions for this. Employment of convicts can be carried out both in groups and one by one.

Compulsory work is established for adults for a period of 60 to 240 hours and is served no more than 4 hours a day. The time of compulsory work may not exceed 4 hours on weekends and on days when the convict is not engaged in the main job, service or study; on working days - 2 hours after the end of work, service or study, and with the consent of the convicted person - 4 hours. The time of compulsory work during the week, as a rule, cannot be less than 12 hours. If there are valid reasons, the penitentiary inspection has the right to allow the convict to work a smaller number of hours during the week.

In relation to minors, compulsory work is assigned for a period of 40 to 160 hours, consists in the performance of work that is feasible for them and is performed by them in their free time from study or main work. The duration of the execution of this type of punishment by persons under the age of 15 cannot exceed 2 hours a day, and by persons aged 15 to 16 - 3 hours a day.

Federal Law No. 8-FZ of December 2003, 162 "On Amendments and Additions to the Criminal Code of the Russian Federation" amended Part 3 of Art. 49 of the Criminal Code of the Russian Federation, which defines persons to whom compulsory work is not assigned. These include: persons recognized as invalids of group I, pregnant women, women with children under the age of three, military personnel undergoing military service by conscription, as well as military personnel undergoing military service under a contract in military positions of privates and sergeants, if at the time of the court's sentencing, they had not served their statutory term of conscript service.

Compulsory works are applied only as the main type of punishment, the procedure and conditions for their execution (serving) are regulated by Ch. 4 of the Penal Code of the Russian Federation. The powers of the penitentiary inspectorates for the execution of this type of punishment are regulated in the Regulations on penitentiary inspections, approved by Decree of the Government of the Russian Federation of June 16, 1997 No. 729, as well as in the departmental regulatory act - Instructions on the procedure for the execution of punishments and measures character without isolation from society, approved by order of the Ministry of Justice of Russia dated April 12, 2005 No. 38.

According to Art. 25 of the Penal Code of the Russian Federation, the convict is involved in serving the specified punishment no later than 15 days from the date of receipt by the penitentiary inspection of the relevant court order with a copy of the verdict (determination, resolution).

Penitentiary inspections in accordance with Part 3 of Art. 25 of the Penal Code of the Russian Federation organize the execution of punishment and control over convicts (Table 4).

Due to the fact that convicts directly serve compulsory work at enterprises subordinate to local governments, in agreement with the penitentiary inspections, Art. 28 of the Penal Code of the Russian Federation contains the duties of the administration of such organizations (see Table 4).

Persons sentenced to compulsory labor must: comply with the internal regulations of the organizations in which they serve compulsory labor, treat labor conscientiously; work at the objects determined for them and work out the period of compulsory work established by the court; notify the penitentiary inspectorate about the change of place of residence, as well as to appear on her call.

In cases of serious illness of the convict, which prevents the serving of the sentence, or recognition of him as a disabled person of group I, the convict has the right to apply to the court with a petition to release him from further serving the sentence.

In the event of pregnancy, a woman sentenced to compulsory labor has the right to apply to the court for a deferment of serving her sentence from the date of granting maternity leave.

Granting a regular annual leave to the convict at the main place of work does not suspend the execution of the punishment in the form of compulsory works.

Compulsory work is performed by convicts free of charge. The work of convicts is free both for themselves and for the organizations where they work.

For violation of the order and conditions of serving a sentence by a person sentenced to compulsory labor, the penitentiary inspection warns him of responsibility in accordance with the legislation of the Russian Federation. With regard to convicts who maliciously evade serving compulsory work, the penitentiary inspectorate sends a submission to the court on the replacement of compulsory work by restriction of liberty, arrest or deprivation of liberty. At the same time, the time during which the convicted person served compulsory work is taken into account when determining the term of restriction of liberty, arrest or imprisonment at the rate of 1 day of restriction of liberty, arrest or imprisonment for 8 hours of compulsory work.

Table 4

The order of execution of compulsory and corrective works

A convict is recognized as maliciously evading compulsory work: a) who has failed to perform compulsory work more than 2 times within a month without good reason; b) violated labor discipline more than 2 times within a month; c) hiding in order to evade serving a sentence.

A convict who maliciously evades serving a sentence, whose whereabouts are unknown, is put on the wanted list and may be detained for up to 48 hours. This period may be extended by the court up to 30 days.

9.2. Legal regulation of the execution (serving) of correctional labor

Correctional labor is a type of criminal punishment traditional for domestic legislation. In the early Soviet years, this punishment was called compulsory public works, then forced and corrective labor. The name change entailed separate changes in the legal nature of this punishment, but its main features remained unchanged. The main advantage of correctional labor as a type of criminal punishment has always been that the convict lived with his family, worked in the labor collective at the same place of work, he was protected from the obviously negative influence of other convicts, as was the case when serving imprisonment.

Currently, the institution of correctional labor has undergone significant changes. The amendments made to the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation by federal laws of December 8, 2003 define the essence of this type of punishment in a new way. If earlier correctional labor was assigned, as a rule, to employed convicts and served at the main place of work of the convict, which could be organizations of any form of ownership (state, municipal, private), now this type of punishment is applied only to unemployed convicts who will work in places determined by the local government in agreement with the penitentiary inspections, but in the area of ​​the convict's place of residence.

The duties of the administration of organizations in which convicts to corrective labor work are defined in Art. 43 of the Penal Code of the Russian Federation (see Table 4). Failure to fulfill duties by the administration entails the responsibility of its leaders in accordance with the legislation of the Russian Federation, including criminal liability (Article 315 of the Criminal Code of the Russian Federation).

Corrective labor is established for a period of 2 months to 2 years. From the earnings of a person sentenced to correctional labor, deductions are made to the state in the amount established by the court verdict, ranging from 5 to 20%.

Corrective labor is not assigned to the same categories of citizens as compulsory labor (see 9.1).

The procedure and conditions for the execution (serving) of correctional labor are determined by Ch. 7 of the Penal Code of the Russian Federation. Those sentenced to correctional labor are sent by the penitentiary inspectorate to serve their sentence no later than 30 days from the date of receipt by the penitentiary inspectorate of the relevant court order with a copy of the verdict (determination, resolution). The beginning of the term is the day the convict goes to work.

For penitentiary inspections in accordance with Part 3 of Art. 39 of the Penal Code of the Russian Federation and the Instruction on the procedure for the execution of punishments and measures of a criminal law nature without isolation from society, approved by order of the Ministry of Justice of Russia dated April 12, 2005 No. 38, assign various duties (see Table 4).

In addition, the penitentiary inspections monitor the correctness and timeliness of deductions from the wages of those sentenced to correctional labor and the transfer of the withheld amounts to the appropriate budget. To exercise such control, penitentiary inspections have the right to involve financial and tax authorities. When deductions are made, the monetary and in-kind part of the convict's salary is taken into account. Withheld amounts are transferred to the respective budget on a monthly basis.

Deductions are made from the salary at the main place of work of the convict for each month worked when paying wages, regardless of whether there are claims against him under executive documents. In accordance with labor legislation (Article 138 of the Labor Code of the Russian Federation), the total amount of deductions from the wages of those sentenced to correctional labor under several executive documents (correctional labor, alimony, lawsuits for damages, etc.) cannot exceed 70%.

Deductions shall not be made: a) from benefits received by the convict in the order of social insurance and social security; b) lump-sum payments, with the exception of unemployment benefits; c) monthly insurance payments for compulsory social insurance against accidents at work and occupational diseases.

Benefits for temporary disability of the convict are calculated from his salary, excluding deductions in the amount established by the court verdict.

The penitentiary inspection, the convict himself or the administration of the organization in which he works, have the right to apply to the court with a request to reduce the amount of deductions from the salary of the convict in the event of a deterioration in his financial situation. The decision to reduce the amount of deductions is made taking into account all the income of the convict.

Conditions for serving a sentence in the form of correctional labor: convicts sentenced to correctional labor are required to comply with the procedure and conditions for serving a sentence, treat work conscientiously, perform duties and comply with the prohibitions established for them by the penitentiary inspection, and appear when called; deductions are made from the wages of convicts in the amount established by the court verdict; during the period of serving corrective labor, convicts are prohibited from dismissal from work at their own request without permission in writing from the penitentiary inspection. Permission may be issued after verification of the validity of the reasons for dismissal. Refusal to issue a permit must be motivated. The decision to refuse can be appealed in the manner prescribed by law; the convict does not have the right to refuse the work offered to him; the convict is obliged to inform the penitentiary inspection about the change of place of work and place of residence within 10 days; during the period of serving corrective labor, annual paid leave of 18 working days is provided by the administration of the organization in which the convicted person works, in agreement with the penitentiary inspection. Other types of leave provided for by the legislation of the Russian Federation on labor are granted to convicts on a general basis.

One of the important conditions for serving this type of punishment is the correct calculation of its term. It is carried out in months and years during which the convicted person worked and deductions were made from his salary. Therefore, in each month of the established term of punishment, the number of days worked by the convict must be no less than the number of working days falling on that month. If the convict has not worked the specified number of days and there are no grounds established by the Penal Code of the Russian Federation for offsetting unworked days in the term of punishment, the serving of corrective labor continues until the convicted person has fully worked out the prescribed number of working days. In this regard, the actual calendar term of serving corrective labor, as a rule, exceeds the term of punishment imposed by the court.

The term of punishment does not include: the time during which the convict did not work for any reason; time of illness caused by alcohol, drug or toxic intoxication or actions related to it; the time of serving an administrative penalty in the form of arrest, as well as the time of detention under house arrest or in custody as a measure of restraint in another case during the period of serving the sentence.

In cases of serious illness of the convict, which prevents the serving of the sentence, or recognition of him as a disabled person of group I, the convict has the right to apply to the court with a petition to release him from further serving the sentence.

In the event of pregnancy, a woman sentenced to corrective labor has the right to apply to the court with a request to defer serving her sentence from the date of granting maternity leave.

A feature of the calculation of the term of punishment for convicts working in organizations in which the total accounting of working time is used is that it is calculated on the basis of the length of working time for an accounting period not exceeding the established number of working hours, days.

For violation of the order and conditions of serving a sentence by a person sentenced to correctional labor, the penitentiary inspectorate may impose a penalty on him in the form of a warning in writing about the replacement of correctional labor with another type of punishment, and also oblige the convicted person to come to the penitentiary inspectorate up to 2 times a month for registration. Violation of the procedure and conditions for serving correctional labor by convicted persons are: a) failure to appear at work without good reason within 5 days from the date of receipt of the order of the penitentiary inspection; b) failure to appear at the penitentiary inspection without good reason; c) absenteeism or appearing at work in a state of alcoholic, narcotic or toxic intoxication.

A convict who has committed a repeated violation of the procedure and conditions for serving a sentence after a written warning was announced to him, as well as a convict who has fled from his place of residence, whose whereabouts are unknown, is recognized as maliciously evading correctional labor. A convict who has fled from his place of residence, whose whereabouts is unknown, is put on the wanted list and may be detained for up to 48 hours. This period may be extended by the court up to 30 days.

With regard to convicts who maliciously evade serving corrective labor, the penitentiary inspection sends a submission to the court on the replacement of corrective labor by restriction of liberty, arrest or imprisonment at the rate of 1 day of restriction of liberty for 1 day of corrective labor, 1 day of arrest for 2 days of corrective labor or 1 day of imprisonment for 2 days of corrective labor.

Topic 10

Restriction of freedom as a type of criminal punishment was first introduced into domestic legislation in 1996. In accordance with the Federal Law of January 8, 1997 No. 2-FZ "On the Enactment of the Penitentiary Code of the Russian Federation" (as amended on January 10, 2002 d.) the execution of this punishment was postponed until 2005, but it has not yet been put into effect.

Restriction of freedom consists in the maintenance of a convicted person who has reached the age of 18 by the time the court passes the sentence, in a special institution without isolation from society under supervision (Article 53 of the Criminal Code of the Russian Federation). According to Art. 16 of the Penal Code of the Russian Federation such institutions are correctional centers.

Restriction of freedom is imposed only as the main type of punishment: a) to persons convicted of intentional crimes and without a criminal record - for a period of 1 to 3 years; b) to persons convicted of crimes committed through negligence - for a period of 1 to 5 years. In case of replacement of compulsory labor or corrective labor by restriction of freedom, it may be appointed for a period of less than 1 year.

Restriction of freedom is not imposed on persons recognized as disabled of group I or II, pregnant women, women with children under the age of 14, women who have reached the age of 55, men who have reached the age of 60, as well as military personnel undergoing military service for call.

In accordance with Art. 47 of the Penal Code of the Russian Federation, those sentenced to restriction of freedom serve their sentences in correctional centers, as a rule, within the territory of the subject of the Russian Federation in which they lived or were convicted. The exception here is convicts who have been sentenced to a restriction of freedom in order to replace another type of punishment, as well as convicts whose place of permanent residence does not have correctional centers. They can be sent to serve their sentence in a correctional center located on the territory of another subject of the Russian Federation.

The direction of convicts to the restriction of freedom to the place of serving the sentence is carried out in two forms: independently and in custody. Convicts sentenced to restriction of freedom or convicts to whom this punishment was imposed as a substitute for another type of punishment go to the correctional center on their own. The following procedure has been established for those sentenced to restriction of freedom. The penitentiary inspectorate at the place of residence of the convict sentenced to restriction of liberty no later than 10 days from the date of receipt of the relevant court order with a copy of the verdict (determination, decision) hands the convict an order to send him to the place of serving the sentence. In the prescription, taking into account the time required for travel, the period during which the convicted person must arrive at the place of serving the sentence is indicated. The convict is given tickets and money for the journey, since the convicts, in accordance with Art. 48 of the Penal Code of the Russian Federation follow to the place of serving the sentence at the expense of the state.

Convicts whose unserved part of deprivation of liberty was replaced by restriction of liberty are released from custody and go to the correctional center also at the expense of the state and independently. The administration of the correctional institution may also allow the convicted person a short-term departure for a period of up to 5 days, excluding the time spent on the road, with subsequent independent arrival at the correctional center.

Taking into account the identity of the convict, the location of the correctional institution and the correctional center, the convicted person, by court order, may be sent to the correctional center in the manner established for those sentenced to deprivation of liberty, i.e. under guard. The escort of these persons is carried out by employees of the relevant departments of the penal system in special wagons and cars, on ships and in airplanes along established routes under guard and constant supervision.

If the convict evades receiving the order or fails to arrive at the place of serving the sentence within the period specified in the order, the convicted person is put on the wanted list and is subject to detention for up to 48 hours. This period may be extended by the court up to 30 days. After detention, the convict is sent to the place of serving the sentence under escort, or a submission is sent to the court to replace the restriction of liberty with deprivation of liberty in the manner of applying part 3 of Art. 53 of the Criminal Code of the Russian Federation.

The period of restriction of freedom is calculated from the day the convicted person arrives at the correctional center. In the period of restriction of freedom are counted at the rate of 1 day of detention for 2 days of restriction of freedom: the time of keeping the convicted person in custody as a measure of restraint; the time spent under escort from the correctional facility to the correctional center. In addition, the period of restriction of freedom includes the time of a short-term departure after release from a correctional facility until arrival at the correctional center. The time of unauthorized absence of the convict from work or place of residence for more than 1 day shall not be included in the period of restriction of liberty.

The procedure for the execution of the restriction of freedom is established by the norms of Ch. 8 of the Penal Code of the Russian Federation. The law imposes certain obligations on the execution of this type of punishment and the application of means of correction to convicts on the employees of correctional centers, as well as on the administrations of organizations in which convicts sentenced to restriction of freedom work (Fig. 6).

The procedure for fulfilling these duties is determined by the Penal Code of the Russian Federation, the Regulations on the Correctional Center, which is developed and approved by the Government of the Russian Federation, and other regulatory legal acts.

Fig. 6. Procedure for Execution of Restriction of Freedom

In correctional centers, the Internal Regulations of Correctional Centers will be in force, approved by the Ministry of Justice of Russia in agreement with the Prosecutor General's Office of the Russian Federation.

The procedure for serving the restriction of freedom is established in Art. 50 of the Penal Code of the Russian Federation, according to which convicts are serving their sentences in various correctional centers, to whom restriction of freedom has been imposed as a replacement for a milder type of punishment, and those sentenced to restriction of freedom by a court verdict, as well as those convicted of a crime committed in complicity. Separate from other convicts are convicts who have previously served imprisonment and have a criminal record.

Persons sentenced to restraint of liberty are under supervision and are obliged to: a) comply with the Internal Rules of Correctional Centers; b) work where they are sent by the administration of the correctional center; c) stay within the limits of the correctional center at all times and not leave it without the permission of the administration. If necessary, the administration of the correctional center may allow convicts who are subject to restriction of liberty as a replacement for a milder type of punishment to leave for a period of up to 5 days immediately after the convicted person is registered, if such departure was not allowed by the administration of the correctional institution after release; d) live, as a rule, in dormitories specially designed for convicts and not leave them at night without the permission of the administration of the correctional center; e) to participate without remuneration in works on the improvement of buildings and the territory of the correctional center in the order of priority, as a rule, during non-working hours lasting no more than 2 hours per week; f) to carry with him at all times a document of the established form proving the identity of the convict.

Persons sentenced to restraint of liberty have the right to have cash with them and dispose of it without restrictions. At the same time, convicts are prohibited from acquiring, storing and using items and substances, the list of which is established by the legislation of the Russian Federation and the Internal Regulations of Correctional Centers. If such items are found in convicts, they are subject to seizure by order of the head of the correctional center and transferred to storage or destroyed or sold. Funds from the sale of seized items are credited to the appropriate budget. The confiscated substances are transferred for storage or destroyed in the same manner.

The main means of ensuring the fulfillment of duties and prohibitions established for those sentenced to restriction of freedom is supervision. It is carried out by the administration of the correctional center and consists in monitoring and controlling convicts at the place of residence and place of work, as well as during non-working hours. Thus, convicts, as well as the premises in which they live, may be searched, and the belongings of convicts may be searched. The procedure for exercising supervision is determined by the regulatory legal acts of the Ministry of Justice of Russia.

To stimulate the law-abiding behavior of those sentenced to restriction of freedom, the penal legislation provides for a certain system of measures. In particular, Part 8 of Art. 50 of the Penal Code of the Russian Federation establishes the possibility of improving the conditions for serving this type of punishment. Convicts who do not allow violations of the internal regulations of correctional centers and have a family, by order of the head of the correctional center, may be allowed to live with their families in rented or own living space. These convicts are required to appear for registration up to 4 times a month. The frequency of registration is established by the decision of the head of the correctional center. In addition, convicts sentenced to restriction of freedom are allowed to study in absentia in institutions of secondary vocational and higher vocational education located within the territory of the subject of the Russian Federation at the place of serving the sentence.

In Art. 57 of the Penal Code of the Russian Federation fixes incentive measures applied to those convicted to restriction of freedom. The grounds for their application are good behavior and a conscientious attitude to the work of convicts. The administration of the correctional center can apply the following incentives: a) gratitude; b) permission to spend weekends and holidays outside the correctional center; c) permission to spend a leave with a trip outside the correctional center; d) cash prize; e) early removal of the previously imposed penalty.

The conditions for serving the restriction of freedom include material and medical and sanitary support for convicts sentenced to restriction of freedom. Material support includes the creation of the necessary living conditions in correctional centers, the provision of convicts with clothing and food.

Convicts are accommodated in dormitories of correctional centers, where they are provided with individual sleeping places and bedding. The norm of living space per one convict in a correctional center may not be less than 4 m2.

Clothing, underwear and footwear are purchased by convicts on their own at their own expense. If convicts do not have their own funds for reasons beyond their control, the administration of correctional centers can provide assistance on an individual basis.

Meals for convicts are organized by the administration of correctional centers and paid by convicts at their own expense. If the convicts do not have their own funds for reasons beyond their control, food is provided at the expense of the state.

In addition, convicts may acquire, store and use all items, products and substances, with the exception of items, products and substances, the list of which is established by the legislation of the Russian Federation and the Internal Regulations of Correctional Centers.

Medical and sanitary support consists in providing medical and preventive and sanitary assistance to convicts sentenced to restriction of freedom. These types of assistance are provided in accordance with the legislation of the Russian Federation on health protection, taking into account the established procedure for serving a sentence. Treatment and preventive care is provided in two forms: outpatient and inpatient. For outpatient medical care of convicts, by decision of the Ministry of Justice of Russia and the Ministry of Health and Social Development of Russia, medical institutions can be created. Inpatient medical care for convicts is carried out by institutions of health authorities at the location of correctional centers in the manner established by the regulatory legal acts of the Ministry of Health and Social Development of Russia in agreement with the Ministry of Justice of Russia.

The administration of the correctional centers is responsible for the implementation of the established sanitary-hygienic and anti-epidemic requirements.

The law regulates the application to convicts serving a sentence in the form of restriction of freedom, practically all the main means of correction. Yes, Art. 56 of the Penal Code of the Russian Federation determines that the administration of the correctional center, as well as the administration of the organization in which the convicts work, conducts educational work with those sentenced to restriction of freedom. It is organized in various forms (individual, group, mass, etc.) and is aimed at the moral improvement of the personality of the convict and the formation of his law-abiding behavior. The active participation of convicts in ongoing educational activities is encouraged and taken into account when determining the degree of their correction.

However, Art. 58 of the Penal Code of the Russian Federation establishes liability for violation of the procedure and conditions for serving the restriction of liberty and for malicious evasion from serving the restriction of liberty. Violation of the procedure and conditions for serving the restriction of liberty is a violation of labor discipline, public order or the rules of residence established for the convicted person, unauthorized leaving the territory of the correctional center without good reason, failure to return or untimely return to the place of serving the sentence, leaving the place of work or place of residence for a period of not more than 24 hours, for which penalties were imposed on him in writing.

To convicts who violate labor discipline, public order or established rules of residence, as well as arbitrarily without good reason left the territory of the correctional center, did not return or returned untimely to the place of serving the sentence, left the place of work or place of residence for a period of not more than 24 hours, the administration of the correctional the center may apply the following penalties: a) reprimand; b) prohibition to leave the hostel at a certain time of the day for up to 1 month; c) placement in accordance with the internal regulations of correctional centers in a disciplinary isolation ward for up to 15 days. In addition, if a convict violates public order, he may be placed in a disciplinary cell until the issue of applying penalties to him is resolved, but not more than for 24 hours.

Malicious evasion from serving a sentence is the unauthorized abandonment of the territory of the correctional center by the convicted person without good reason, failure to return or untimely return to the place of serving the sentence, leaving the place of work or place of residence for a period of more than 24 hours. In relation to a convict who maliciously evades serving a sentence, the head of the correctional center or the person replacing him, sends to the court a proposal to replace the unserved term of restriction of liberty with deprivation of liberty. At the same time, the time of serving the restriction of freedom is counted in the term of imprisonment at the rate of 1 day of imprisonment for 1 day of restriction of liberty.

From the date of sending the relevant submission and until the decision of the court, the convicted person, with the approval of the prosecutor, may be placed in a disciplinary isolation ward for up to 30 days. A convict who has left the territory of the correctional center for more than 24 hours is declared wanted and is subject to detention for up to 48 hours. This period may be extended by the court up to 30 days.

The procedure for applying incentives and penalties to those sentenced to restriction of freedom is established in Art. 59 of the Penal Code of the Russian Federation. The head of the correctional center or the person replacing him shall have the right to apply the provided incentives and penalties in full. The head of the detachment has the right to declare gratitude to the convict. The decision to apply incentives and penalties to convicts sentenced to restriction of freedom shall be made in writing.

When applying penalties, the circumstances of the violation, the personality and previous behavior of the convicted person are taken into account. The penalty imposed must be proportionate to the severity and nature of the violation committed. The penalty is imposed no later than 10 days from the day the violation was discovered, and if an inspection was carried out in connection with the violation - from the day it was completed, but no later than 30 days from the day the violation was committed. The penalty is executed, as a rule, immediately, and in exceptional cases - no later than 30 days from the date of its imposition.

Topic 11. LEGAL REGULATION OF THE EXECUTION (SERVING) OF CRIMINAL PENALTY IN THE FORM OF ARREST

11.1. The concept and essence of arrest as a type of criminal punishment. The procedure and conditions for its execution (serving)

Arrest as a form of punishment was widely used in pre-revolutionary Russia. According to the Code of Criminal and Correctional Punishments (1845), arrest was a correctional punishment and was imposed for a period of 1 day to 3 months. The place and conditions of serving this punishment depended on the status of the convict. For example, nobles and officials served their arrest by court order either in special premises at the prison, or in a military guardhouse, or in their own house, or in special houses under the department where they served. The rest served their arrest in special premises at the police or prison. The Statute on Punishments Imposed by Justices of the Peace (1864) changed the procedure for the execution of arrest somewhat, according to which this type of punishment was to be served in specially created institutions - arrest houses. The Criminal Code (1903) expanded the time frame for punishment in the form of arrest to 6 months. For the maintenance of convicts, zemstvos created arrest houses (1 - 2 per site).

The legal and organizational foundations for the activities of arrest houses were regulated by the Law of July 4, 1866 and the statutes on detainees adopted in its development. In detention houses, men served their sentences separately: men from women, minors from adults, persons of the upper classes from the rest of the convicts. Officers, including retired ones, were serving their arrest in guardhouses, clergymen and monks - at dioceses. By a court decision, persons sentenced to arrest for up to 7 days could serve their sentence at their place of residence (house arrest). In arrest houses, the convicts were kept in their own clothes, they were necessarily involved in paid labor in the premises where they were serving their sentences. At the same time, the type of work was chosen by the convict at will, but in the absence of the opportunity to provide it, the convict was employed by the administration. The convicts were provided with free food, they were allowed to walk and visit. In Soviet times, arrest as a form of criminal punishment was not used.

According to the current Criminal Code of the Russian Federation (Article 54), arrest consists in keeping the convicted person in conditions of strict isolation from society and is established for a period of 1 to 6 months. In case of replacement of compulsory works or correctional labor by arrest, he may be appointed for a period of less than 1 month. Arrest is not imposed on persons who have not reached the age of 16 by the time the court pronounces the sentence, as well as pregnant women and women with children under the age of 14.

Definition of the essence of arrest in Art. 54 of the Criminal Code of the Russian Federation, as well as legal regulation of the procedure for its execution in sec. III of the Penal Code of the Russian Federation indicate that modern arrest is a variant of deprivation of liberty with more stringent conditions of detention and, therefore, absolutely does not correspond to punishment with a similar name that exists in a number of foreign countries.

The introduction of arrest into the system of criminal penalties is due to the need to differentiate and individualize punishment in relation to various categories of convicts. Arrest is appointed for crimes of minor gravity, as a rule, committed for the first time, and, according to the legislator, should ensure the maximum punitive and preventive impact on the convict in a short time in conditions of strict isolation from society. Such conditions should be created in special institutions - arrest houses. To date, they are not educated, due to the lack of financial opportunities for the state to build and maintain these institutions.

Federal Law No. 10-FZ of January 2002, 4 "On the Introduction of Amendments and Additions to the Federal Laws" On the Enactment of the Criminal Code of the Russian Federation "and" On the Entry into Force of the Criminal Executive Code of the Russian Federation "" the execution of the arrest was postponed for until 2006. At present, the State Duma is discussing draft federal law No. 241727-4, which involves amending the legislative acts of the Russian Federation related to the exclusion of the provisions on punishment in the form of arrest.

The procedure and conditions for the execution of punishment in the form of arrest are regulated by the norms of Ch. 10 PEC RF. A person sentenced to arrest serves the entire term of punishment at the place of conviction, as a rule, in one arrest house. The transfer of a convict from one house of arrest to another is allowed in case of his illness or to ensure his personal safety, as well as in other exceptional circumstances that prevent the convict from continuing to stay in this house of arrest (natural disaster, epidemic, etc.).

Separate from other categories of persons held in custody and placed separately: convicted men, convicted women, convicted minors, as well as convicts who have previously served their sentences in correctional institutions and have a criminal record.

Those sentenced to arrest are kept in strict isolation. In this regard, convicts are subject to the conditions of detention established by the Penal Code of the Russian Federation for those sentenced to deprivation of liberty serving their sentences under general regime conditions in prison (Table 5).

All of these restrictions determine the essence of strict isolation while serving an arrest, and therefore the regime is the main means of correcting convicts here. General education, vocational education and training of convicts are not carried out. Persons sentenced to arrest are not involved in paid socially useful work. The administration of the arrest house has the right to involve convicts in the maintenance of the arrest house without payment for a period not exceeding 4 hours per week.

The material and welfare provision of convicts sentenced to arrest is carried out according to the standards established for those sentenced to deprivation of liberty serving their sentences under the general regime in prison, and juvenile convicts - according to the standards established for educational colonies. Thus, the norm of living space per one convicted man cannot be less than 2,5 m2, for a convicted woman - 3 m2, for a minor convict - 3,5 m2.

Table 5

Comparative analysis of the conditions for serving a sentence in the form of arrest and deprivation of liberty under the general regime in prison

- In the numerator - short-term, in the denominator - long-term meetings.

Convicts are provided with 3 hot meals a day. The minimum norms for food and material support for convicts are established by the Government of the Russian Federation. Those sentenced to arrest are provided with food and basic necessities at the expense of the state.

The procedure for providing convicts with medical care is established by the legislation of the Russian Federation, regulatory legal acts of the Ministry of Justice of Russia and the Ministry of Health and Social Development of Russia.

For good behavior, incentive measures in the form of gratitude, early removal of a previously imposed penalty or permission to telephone conversation can be applied to those sentenced to arrest. Gratitude is declared orally or in writing, the rest of the encouragement is only in writing. A convict who has an outstanding or outstanding penalty may be given incentives only in the form of early withdrawal of the previously imposed penalty.

For violation of the established procedure for serving a sentence, convicts serving an arrest may be subject to disciplinary measures in the form of a reprimand or placement in a punishment cell for up to 10 days. When applying penalties to a convict, the circumstances of the violation, the personality of the convict and his previous behavior are taken into account. The penalty imposed must be appropriate to the severity and nature of the violation. The penalty is imposed no later than 10 days from the day the violation was discovered, and if an inspection was carried out in connection with the violation - from the day it was completed, but no later than 3 months from the day the violation was committed. The penalty is executed immediately, and in exceptional cases - no later than 30 days from the date of its imposition. It is forbidden to impose several penalties for one violation. A reprimand is announced orally or in writing, placement in a punishment cell only in writing. The penalty is imposed by the decision of the head of the arrest house or the person replacing him.

11.2. Features of the execution of arrest in relation to military personnel

The procedure and conditions for the execution (serving) of a criminal sentence in the form of arrest by military personnel are defined in Art. 149 - 154 of the Penal Code of the Russian Federation. In this regard, this type of arrest should be distinguished from the disciplinary arrest applied to military personnel in accordance with the Federal Law of December 1, 2006 No. 199-FZ "On legal proceedings based on materials on gross disciplinary offenses when applying disciplinary arrest to military personnel and on the execution of disciplinary arrest ".

Servicemen sentenced to arrest as a criminal punishment shall serve it in guardhouses for convicted servicemen or in the corresponding departments of garrison guardhouses. When executing an arrest, the separate detention of convicted military personnel is strictly ensured: convicted military personnel from among officers are kept separately from other categories of convicted military personnel; convicted military personnel with the ranks of warrant officers, midshipmen, sergeants and foremen are kept separately from convicted military personnel; convicted servicemen serving on conscription are held separately from convicted servicemen serving under a contract; convicted servicemen are held separately from servicemen arrested on other grounds (suspects, accused, defendants, etc.).

Servicemen sentenced to arrest must be sent to a guardhouse to serve their arrest within 10 days after receiving a court order to enforce the sentence. The convicts, in respect of whom a measure of restraint in the form of detention was chosen before the trial, are sent to the guardhouse from the courtroom under escort immediately after the military court has pronounced the verdict. The direction, escort and admission to the guardhouse of military personnel sentenced to arrest are carried out in accordance with the requirements of the Charter of the garrison and guard service of the Armed Forces of the Russian Federation. The beginning of the term of serving the sentence is considered the moment when the convicted serviceman is accepted by the head of the guardhouse (head of the guard) or the duty officer of the military unit.

The procedure and conditions for serving the arrest by convicted servicemen are determined by the Penal Code of the Russian Federation, the Charter of the garrison and guard service of the Armed Forces of the Russian Federation (Appendix 14 "On the guardhouse"), by order of the Russian Ministry of Defense dated July 29, 1997 No. 302 "On the rules for serving criminal sentences by convicted servicemen."

The time of serving the arrest in the total period of military service and length of service for the assignment of the next military rank is not counted. While serving an arrest, a convicted serviceman cannot be presented for conferment of the next military rank, appointed to a higher position, transferred to a new place of service and dismissed from military service, with the exception of cases when he is declared unfit for military service for health reasons. For the period of serving the arrest, convicted servicemen who are doing military service under a contract are paid a monetary allowance only in the amount of the salary according to their military rank.

Convicted servicemen serve the entire term of punishment in one guardhouse at the location of the military unit. Servicemen sentenced to arrest are allowed to have their own books, toiletry and writing materials in their cells. For the time allotted for sleep, they are given bedding. Movement without an escort of those sentenced to arrest is not allowed. Convicts enjoy the right to a daily walk lasting at least 1 hour. The head of the guardhouse has the right to involve convicts in labor and in military training for no more than 4 hours a day.

The provision of visits, telephone conversations, the receipt of parcels, parcels and parcels of servicemen sentenced to arrest is carried out in accordance with the Penal Code of the Russian Federation.

Material support and medical care for convicts held in a guardhouse are carried out in accordance with the standards established for the relevant categories of military personnel, in the general manner established by the legislation on defense of the Russian Federation.

For exemplary behavior and conscientious attitude to military service, incentive measures in the form of gratitude, early removal of a previously imposed penalty or crediting the time of serving an arrest in the total term of military service in whole or in part can be applied to convicted military personnel.

For violation of the procedure for serving sentences, convicted servicemen may be subject to penalties in the form of a reprimand or transfer to solitary confinement for up to 10 days. In solitary confinement, convicts are prohibited from all visits, receiving parcels, parcels and parcels.

The military commandant and the head of the garrison enjoy the right to apply incentives and penalties. The head of the garrison shall have the right to apply an incentive measure in the form of a credit for the time of serving an arrest in the total period of military service. Measures of encouragement and punishment are applied taking into account the provisions of the Disciplinary Charter of the Armed Forces of the Russian Federation, as well as specific circumstances, the personality of the convict and his previous behavior.

Topic 12

12.1. Legal regulation of the execution of restrictions on military service

In accordance with Art. 51 of the Criminal Code of the Russian Federationmilitary service restriction is appointed to convicted servicemen doing military service under a contract for a period of 3 months to 2 years in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as to convicted servicemen doing military service under a contract, instead of corrective labor, provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation.

The legal restrictions for persons serving this type of punishment are as follows. From the monetary allowance of a person sentenced to restriction in military service, deductions are made to the state in the amount established by the court verdict, but not more than 20%. While serving this sentence, the convict cannot be promoted in position, military rank, and the term of punishment is not included in the length of service for the assignment of the next military rank.

The execution of punishment in the form of restrictions on military service is regulated by Art. 143 - 148 ch. 18 of the Penal Code of the Russian Federation, as well as the Rules for serving criminal sentences by convicted military personnel, approved by order of the Russian Ministry of Defense dated July 29, 1997 No. 302.

In accordance with the verdict of the court, the commander of the military unit, no later than 3 days after receiving the copy of the verdict received from the court and the order for its execution, issues an order stating on what basis and for how long the convicted serviceman is not presented for promotion and military assignment. ranks, how long he does not count in the term of service for the assignment of the next military rank. In addition, it is indicated in what amount, according to the verdict of the court, deductions should be made to the appropriate budget from the monetary maintenance of the convicted serviceman during the period of serving his restriction on military service. The commander of the military unit notifies the court that issued the sentence within 3 days of the receipt of the sentence, the issuance of the relevant order and its acceptance for execution. A copy of the order is sent to the court.

In order to implement the court decision that has entered into legal force, the order of the commander of the military unit on the execution of the sentence is brought to the attention of the convict, all personnel of the unit, personnel and financial bodies.

As part of the execution of a sentence, a serviceman who has been sentenced to a restriction in military service cannot be promoted in rank within the period determined by a court verdict. If a convicted serviceman cannot be left in a position related to the leadership of subordinates, he, by decision of the corresponding commander of the military unit, is presented for transfer to another position both within the military unit and in connection with the transfer to another unit or locality, of which the court is notified who issued the verdict.

The restriction on military service does not prevent the movement of the convict, carried out by the command in the order of business necessity.

The fact of conviction is not a basis for the dismissal of a serviceman from military service or his demotion in position or military rank.

The time of serving a sentence in the form of a restriction on military service is included in the total length of service. Conviction to restriction in service does not prevent the provision of basic and additional holidays to a serviceman, the time of which is counted in the term of service and punishment, as well as material assistance and compensation to a serviceman and members of his family for sanatorium-and-spa treatment and for travel to the place of the main vacation and back.

The amount of deduction from the monetary allowance of the convicted serviceman established by the court verdict is calculated from the official salary, salary according to military rank, monthly and other allowances and other additional monetary payments.

The application of means of correction to convicted military personnel has its own characteristics. The established procedure for the execution (serving) of restrictions on military service is determined not only by the norms of the Penal Code of the Russian Federation, but also by the prescriptions of military legislation that establish the procedure for performing military service.

A convicted serviceman may be dismissed from military service before the expiration of the term of punishment established by a court verdict on the grounds provided for by the legislation of the Russian Federation. At the same time, the commander of the military unit sends to the military court that issued the verdict a submission on the grounds for the dismissal of the serviceman and on the replacement of the remaining unserved part of the term of restriction in military service with a milder type of punishment or on release from punishment.

Execution of punishment in the form of restriction in military service is terminated upon serving the entire term or ahead of schedule (by way of amnesty, release due to illness, parole and on other grounds provided for by law).

Not later than 3 days before the expiration of the term of restriction on military service established by the court verdict and announced by order in the military unit, the commander of the military unit issues an order to terminate the execution of punishment in the form of restriction on military service, indicating the date of termination. A copy of the order is sent to the court that issued the sentence.

12.2. Execution (serving) of punishment in the form of detention in a disciplinary military unit

Content in a disciplinary military unit is appointed to servicemen undergoing military service by conscription, as well as to servicemen undergoing military service under a contract in the positions of privates and sergeants, if they have not served the term of service established by law by conscription at the time of the court's sentence. This punishment is established for a period of 3 months to 2 years in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as in cases where the nature of the crime and the identity of the perpetrator indicate the possibility of replacing imprisonment for a term not exceeding 2 years of detention of a convicted person in a disciplinary military unit for the same period (Article 55 of the Criminal Code of the Russian Federation).

Detention in a disciplinary military unit is aimed at correcting convicted servicemen in the spirit of exact implementation of laws and military regulations, instilling discipline in them, a conscious attitude towards military service, fulfilling the military duties assigned to them and military training requirements.

This type of punishment is an analogue of deprivation of liberty for a certain period, only applicable to military personnel. It is no coincidence that when being held in a disciplinary military unit, instead of imprisonment, the period of detention is determined at the rate of 1 day of imprisonment for 1 day of detention in a disciplinary military unit.

The execution (serving) of punishment in a disciplinary military unit is regulated by the Penal Code of the Russian Federation (Chapter 20, Articles 155 - 171), the Regulations on the disciplinary military unit, approved by Decree of the Government of the Russian Federation of June 4, 1997 No. 669, by order of the Russian Ministry of Defense of July 29, 1997 No. 302, as well as other regulatory legal acts that determine the procedure for military service on conscription.

Servicemen sentenced to detention in a disciplinary military unit serve their sentence in separate disciplinary battalions or separate disciplinary companies that are structurally part of the system of the Russian Ministry of Defense.

The time of serving a sentence in a disciplinary military unit by a convicted military serviceman shall not be included in the total term of military service. The commander of the troops of the military district (fleet) is granted the right to count the time of serving a sentence in a disciplinary military unit in the total period of military service for convicts released from a disciplinary military unit after the expiration of their conscription.

A conviction in respect of servicemen sentenced by a military court to detention in a disciplinary military unit is extinguished after 1 year after serving the sentence, and for servicemen released on parole from serving a sentence, the period of conviction cancellation (1 year) is calculated from the date of issuance of a court ruling on parole.

The term of serving a sentence in a disciplinary military unit is calculated from the time specified in the sentence. A convicted serviceman is sent to a disciplinary military unit after the sentence has entered into force. After receiving an order from the court on the execution of the sentence that has entered into legal force, the commander of the unit within 3 days sends the convict to the disciplinary military unit under escort.

Not later than 10 days after the arrival of the convicted serviceman, the commander of the disciplinary military unit sends a notice of the arrival of the convicted person to the court that passed the sentence, and also notifies one of the close relatives of the convicted person of his choice.

Convicted servicemen, by order of the commander, are included in the lists of the variable composition of the disciplinary military unit from the day they arrive at the military unit and are kept at the expense of the number of those military districts (fleets) from which they arrived.

Convicts arriving at a disciplinary military unit are placed in a quarantine department for up to 15 days. At the end of the quarantine period, by decision of the commander of the disciplinary military unit, the convict is sent to one of the units.

In a disciplinary military unit, a procedure is established for the execution and serving of punishment, which ensures the correction of convicted military personnel, the education of military discipline in them, a conscious attitude to military service, the fulfillment of their military duties and requirements for military training, the implementation of their rights and legitimate interests, the protection of convicted military personnel and supervision over them, personal safety of convicted servicemen and personnel of the specified military unit. Convicted servicemen are obliged to comply with the requirements of the regime established in the disciplinary military unit. In addition, convicted servicemen in a disciplinary military unit are subject to regime requirements for persons deprived of their liberty, enshrined in Ch. 12 of the Penal Code of the Russian Federation.

During the period of detention in a disciplinary military unit, all convicted servicemen, regardless of their military rank and previous position, are in the position of soldiers (sailors) and wear uniform uniforms and insignia established for this disciplinary military unit. When addressing convicts, they are called by their rank ("private" or "sailor") and surname. The convicts address their superiors and elders in accordance with the requirements of Art. 64 of the Charter of the internal service of the Armed Forces of the Russian Federation.

The daily routine in the disciplinary military unit is established by the commander of the disciplinary military unit. The daily routine necessarily provides for: work in production - 8 hours, night sleep - 8 hours, eating - 3 times a day, 1 day a week (Saturday) for military training - 6 hours.

Educational work with convicted servicemen is aimed at educating them in the spirit of honest performance of their military duty, discipline, strict observance of the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of the military oath and military regulations, respectful attitude towards commanders (chiefs), military partnership. Educational work is carried out by: conducting classes on public-state training and informing convicted servicemen; bringing and explaining the legislation; individual educational work carried out by all officers, warrant officers, midshipmen and sergeants (foremen). In order to assist the command of the disciplinary military unit in the work on the correction of convicted servicemen in companies, public councils are created from among persons who have proven themselves to be exemplary behavior and conscientious attitude to work and military service. As a public body of convicted servicemen, the council assists the commander in organizing and conducting various educational activities.

Convicted servicemen are involved in labor at the facilities of a disciplinary military unit or at other facilities determined by the respective commander of the troops of the military district (fleet), as well as to perform work on the arrangement of a disciplinary military unit. If it is impossible to provide convicted servicemen with work at the indicated facilities, they may be recruited to work in other organizations, subject to the requirements of the regime of a disciplinary military unit.

The work of convicted military personnel is organized in compliance with the rules of labor protection, safety precautions and industrial sanitation established by the legislation of the Russian Federation on labor. The cost of work performed by convicted servicemen is determined according to the rates established in the organizations in which the convicted servicemen work. Of the wages accrued to convicted military personnel, 50% is transferred to the account of the disciplinary military unit to reimburse the costs of maintaining convicted military personnel, to equip the disciplinary military unit, to create and develop its own production base, to form a material incentive fund and to solve the social and domestic needs of convicted military personnel. The rest of the wages of convicted servicemen are credited to their personal accounts.

Military training with convicted servicemen is organized and conducted according to a special program. Combat training classes are held with training weapons without bayonets and bolts, and the necessary educational and material base is being created for their conduct.

The conditions for serving a sentence in a disciplinary military unit are established by Art. 158 - 161 of the Penal Code of the Russian Federation and are similar to the conditions for serving deprivation of liberty in correctional colonies of general regime (Table 6).

Table 6

Comparative analysis of the conditions of serving a sentence in the form of detention in a disciplinary military unit and imprisonment in a penal colony of general regime

- When dating without restrictions.

Holidays provided for military personnel are not granted to convicted military personnel. Due to exceptional personal circumstances (death or serious illness of a close relative that threatens the life of the patient, natural disaster that caused significant material damage to the convicted serviceman or his family), the convicted serviceman may be allowed to travel outside the disciplinary military unit for up to 7 days, not counting the time travel there and back. The time spent by a convicted serviceman outside the disciplinary military unit shall be included in the term of serving the sentence. Permission for a short-term departure is given by the commander of a disciplinary military unit in agreement with the military prosecutor, taking into account the personality and behavior of the convict.

For convicted servicemen, the necessary living conditions are created in accordance with the requirements of the Charter of the internal service of the Armed Forces of the Russian Federation. Food supply to convicted military personnel is carried out in accordance with the norms and in the manner established by the Regulations on the food supply of the Armed Forces of the Russian Federation in peacetime, approved by order of the Russian Ministry of Defense dated July 22, 2000 No. 400. providing military personnel in accordance with the supply standards established for military personnel undergoing military service on conscription, approved by Decree of the Government of the Russian Federation of June 26, 1995 No. 605.

Medical support for convicted military personnel is carried out on an equal basis with other military personnel in accordance with the requirements of the legislation of the Russian Federation. Convicted servicemen who need inpatient treatment are sent to the hospital under guard and kept in specially equipped wards. The time spent on treatment in a medical institution is included in the term of serving the sentence.

The following incentive measures are applied to convicted servicemen: a) removal of a previously imposed disciplinary sanction; b) declaration of gratitude; c) rewarding with valuable gifts or money; d) permission for one additional short-term or long-term visit or telephone conversation with relatives.

Convicted military personnel who are characterized by exemplary behavior, conscientious attitude to military service and work, after serving at least one third of the term of punishment, by order of the commander of the disciplinary military unit, can be transferred to lighter conditions for serving the sentence. Convicted servicemen serving sentences under facilitated conditions shall be enrolled in a subdivision of a disciplinary military unit intended for this category of convicts. They are allowed: a) to spend the funds available on their personal accounts for the purchase of food and essentials, without restriction;

b) have an additional two long visits during the year;

c) have short-term and long-term visits outside the disciplinary military unit; d) move without an escort outside the disciplinary military unit, if this is necessary due to the nature of the duties performed.

For the purpose of further correction, convicted servicemen who are characterized by exemplary behavior, a conscientious attitude to military service and work, may be presented by the commander of a disciplinary military unit for the replacement of the unserved part of the punishment with a milder type of punishment after the actual serving of the part of the term of punishment specified in the law.

The following disciplinary sanctions may be imposed on convicted servicemen: a) reprimand; b) severe reprimand; c) arrest with detention in a guardhouse - up to 30 days. Convicted servicemen arrested on a disciplinary basis serve their sentences in solitary confinement in the guardhouse of a disciplinary military unit. During their stay in the guardhouse, convicted servicemen are deprived of the right to visit, as well as to receive parcels, parcels, parcels and letters. Convicted servicemen serving sentences in lighter conditions may be transferred to ordinary conditions of serving their sentences as a penalty. Re-transfer to lighter conditions of serving a sentence is made no earlier than after 3 months of serving a sentence under normal conditions.

Those released from the disciplinary military unit are sent: for further service - accompanied by representatives of the units to which the military personnel are sent; dismissed from military service - to the place of residence independently.

Upon the arrival of the released person to the military unit, its commander immediately informs the commander of the disciplinary military unit about this.

Topic 13. REGIME IN CORRECTIONAL INSTITUTIONS AND MEANS OF ITS ENSUR

13.1. The concept of regime in correctional institutions and its essence

Concept regime in correctional institutions is formulated in the penal legislation. According to Part 1 of Art. 82 of the Penal Code of the Russian Federation, it is defined as the procedure for the execution and serving of imprisonment established by law and the normative legal acts corresponding to the law. The norms relating directly to the regime of execution and serving a sentence of imprisonment are contained in Ch. 12 of the Penal Code of the Russian Federation. They are specified in the Internal Rules of Correctional Institutions, approved by Order of the Ministry of Justice of Russia of November 3, 2005 No. 205, the Internal Rules of Educational Colonies of the Penitentiary System, approved by Order of the Ministry of Justice of Russia of October 6, 2006 No. 311.

The regime expresses the essence of punishments in the form of deprivation of liberty, it implements the volume of deprivations or restrictions on the rights and freedoms of the convict corresponding to each type of this punishment. It is designed to provide: protection, isolation of convicts and supervision over them; performance of their duties; realization of their rights and legitimate interests; personal safety of convicts and staff; separate detention of different categories of convicts; different conditions of detention depending on the type of correctional facility designated by the court; change in the conditions of serving the sentence.

The regime as a legal phenomenon permeates all spheres of life of correctional institutions with its elements. In the theory of penal law, the main mode expression forms and their respective Features (Fig. 7).

The regime as an expression of punishment is not only a punishment, but also a specific way of life, the way of life of the convict, due to deprivation of liberty, based on the prescriptions of the penitentiary legislation. Punishment is traditionally understood as a certain amount of legal restrictions, expressed in the regime established by the legislator for various types of correctional institutions. In addition, the scope of legal restrictions can vary significantly within the same correctional institution. Depending on their behavior, convicts in correctional colonies may be held in strict, ordinary and light conditions (part 1 of article 87 of the Penal Code of the Russian Federation). This primarily concerns the restriction of the social benefits of convicts by providing the number of visits, parcels, parcels, parcels, etc., clearly specified in the law. The scope of legal restrictions also changes in connection with the transfer of convicts for positive or negative reasons outside the correctional institution, for example, to a colony-settlement or prison (parts 2 and 4 of article 78 of the Penal Code of the Russian Federation). Therefore, the punitive function of the regime is implemented by establishing various legal restrictions for convicts in the process of serving a sentence of imprisonment.

Fig. 7. The concept of regime in correctional institutions, forms of its expression and main functions

The regime, embodying the procedure for the execution and serving of sentences in the form of deprivation of liberty, is an important factor in strengthening discipline and preventing offenses both among convicts and other persons visiting correctional institutions. Regime requirements ensure the isolation of the convict and determine the procedure for exercising supervision and control over convicts using technical means (Article 83 of the Criminal Code of the Russian Federation), provide for the conduct of operational-search (Article 84 of the Criminal Code of the Russian Federation), searches (part 5 of Article 82 of the Criminal Code of the Russian Federation) and other preventive measures in correctional institutions. With regard to other persons visiting correctional institutions, regime rules are aimed at preventing the commission of offenses both in relation to these citizens and by themselves. In particular, the administration of the correctional institution has the right to search the persons, their belongings, vehicles located on the territory of the correctional institution and in the territories adjacent to it, as well as to seize prohibited items and documents (part 6 of article 82 of the Penal Code of the Russian Federation). In this regard, the function of social control (preventive) is expressed in the preventive meaning of a properly organized procedure for the execution and serving of sentences, which ensures the prevention of the commission of new crimes and other offenses by both convicts and other persons.

The regime as one of the main means of correcting convicts is defined in Part 2 of Art. 9 of the Penal Code of the Russian Federation and is designed to ensure the formation of a respectful attitude towards a person, society, work, norms, rules and traditions of human society, as well as to stimulate law-abiding behavior. The requirements of the regime should include, for example, the obligatory socially useful work of convicts (part 1 of article 103 of the Penal Code of the Russian Federation), compliance by convicts with the rules of polite treatment among themselves and with the staff of the institution, keeping the living quarters and workplaces clean and tidy (Internal Regulations ), etc. For violation of these regulations, disciplinary measures are provided. On the contrary, the conscientious attitude of convicts to their duties, their observance of the established rules of conduct can serve as a basis for encouraging the convict. Thus, the educational function of the regime is carried out to a greater extent by coercion and is aimed at educating a person, accustoming him to discipline, observing the rules of behavior, introducing convicts to civilized relationships, including by stimulating their lawful behavior.

The regime, as a condition for the use of other means of correcting convicts, received legislative consolidation in Part 2 of Art. 82 of the Penal Code of the Russian Federation. Without a proper order of execution and serving of punishment, the use of other means of corrective action, determined by the legislator, becomes problematic. On the contrary, the state of the regime that meets the requirements of the penitentiary legislation creates favorable conditions for educational work, socially useful work, general education, professional training and social influence. Thus, the participation of convicts in educational activities provided for by the daily routine of the correctional institution is mandatory (part 3 of article 109 of the Penal Code of the Russian Federation). The duty of persons deprived of liberty is to receive a basic general education if they have not reached the age of 30 (Part 1, Article 112 of the Penal Code of the Russian Federation). Proceeding from this, the providing function of the regime is the legal basis for the application of corrective measures to convicts. The norms of the regime determine the procedure for involving convicts in labor and its organization, the specifics of carrying out educational work with them, obtaining general education and vocational training for convicts, as well as the procedure for ensuring the life of convicts and organizing their free time. The implementation of these and other prescriptions is ensured by the regime of deprivation of liberty.

The functions of the regime are implemented in their unity, interconnection with each other, in their totality they determine the content of the regime of deprivation of liberty.

13.2. The content of the regime in correctional institutions

Mode content in correctional institutions is a system of rules established in the penitentiary legislation that determines the procedure and conditions for the execution and serving of imprisonment, as well as ensuring the use of means of correction for convicts.

Traditionally, the rules are distinguished: 1) relating to the personnel of the correctional institution (rules for the execution of punishment); 2) relating to convicts (rules for serving sentences); 3) relating to other persons located in correctional institutions and in the territories adjacent to them.

Personnel include persons with special ranks of employees of the penitentiary system, as well as workers and employees of institutions executing punishment. The rules for the execution of sentences relating to the staff of correctional institutions regulate their powers (rights and obligations) in the execution of imprisonment. In the sphere of the regime of the Penal Code of the Russian Federation and the Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty" contain instructions addressed to a greater extent to employees of correctional institutions. Employees have the right (and are obliged) to implement both general regime requirements relating to convicts and other persons, and requirements addressed separately to each of these categories of citizens. The general requirements for compliance with the regime imposed on employees of correctional institutions include: monitoring compliance with regime requirements at the facilities of correctional institutions and territories adjacent to them; implementation of operational-search activities; requirement from convicts and other persons to fulfill their duties and comply with the internal regulations of correctional institutions; the application of measures of influence and coercion provided for by law in relation to offenders; inspection and search of convicts, other persons, their belongings, vehicles located in the territories of correctional institutions, enterprises of these institutions and in the territories adjacent to them, where regime requirements are established, as well as the seizure of prohibited items and documents; proceedings in the cases provided for by the legislation of the Russian Federation and in the procedure for criminal procedural actions; the use and use of physical force, special means and weapons in cases and in the manner prescribed by law.

In relation to the convicts, the officers are additionally vested with the following powers: to carry out their registration, photographing, sound recording, film and video filming and fingerprinting; conducting a medical examination in order to identify the facts of the use of alcohol, narcotic or toxic substances, the appointment of a medical examination of convicts; the introduction of a regime of special conditions in the manner prescribed by the Penal Code of the Russian Federation.

When ensuring the regime in correctional institutions, in the territories adjacent to them, as well as when conducting special operations in relation to other citizens, employees have the right (are obliged): to draw up protocols on administrative offenses, to carry out administrative detention and to apply other measures provided for by the legislation of the Russian Federation on administrative offenses; when carrying out operations to detain convicts who have escaped or evaded serving a sentence, in places where they are likely to appear, to carry out searches of vehicles, verification of documents; to use, free of charge, the possibilities of the mass media to search for convicts who have escaped; to temporarily restrict or prohibit the movement of vehicles in the territories adjacent to the institutions executing punishment, in which regime requirements are established, to prevent citizens from entering these territories or to oblige them to stay there or leave these territories in order to comply with regime requirements, protect the life and health of citizens.

In addition, employees of correctional institutions are obliged to ensure the procedure for the execution and serving of imprisonment in accordance with the penitentiary legislation of the Russian Federation, to create conditions for ensuring law and order and the rule of law, the safety of convicts, as well as personnel, officials and citizens located on their territories.

Regime rules relating to convicts (rules for serving sentences) can be divided into several groups: 1) rules that establish the behavior of convicts while serving deprivation of liberty in general and in a particular correctional institution; 2) rules that ensure the implementation of the rights and legitimate interests of convicts; 3) the rules governing the application of fixed means of correction to convicts.

The rules that establish the behavior of convicts while serving deprivation of liberty in general and in a particular correctional institution determine the way of life of convicts while they are serving their deprivation of liberty. They are enshrined in the Penal Code of the Russian Federation and specified in the Internal Regulations of Correctional Institutions. These include: segregation of convicts in correctional institutions; creation in one correctional institution of various conditions for serving sentences; rules of conduct of the convict during work and in free time; relations between convicts and correctional staff; the daily routine of the correctional institution, the order of eating, the movement of convicts within the colony; carrying out inspections, meetings, receiving parcels, parcels, etc., as well as a list of things and objects, food that convicts are prohibited from carrying, receiving in parcels, parcels, parcels or purchasing.

An important place in the regulation of the serving of imprisonment in relation to a particular correctional institution is occupied by the daily routine. It includes the time of getting up, going to bed, going to the toilet, exercising, eating, going to work, being at work, studying, educational and sports events, etc. Obedience to the daily routine is obligatory for all convicts; for deviation from its requirements, the convict may be brought to disciplinary responsibility.

General rules that ensure the implementation of the rights and legitimate interests of convicts are concentrated in Ch. 13 of the Penal Code of the Russian Federation. With regard to a specific type of correctional institution, they are specified in Ch. 16 and 17 of the Penal Code of the Russian Federation, and the procedure for their implementation is established in the Internal Rules of Correctional Institutions. According to Art. 88 of the Penal Code of the Russian Federation, convicts sentenced to deprivation of liberty can purchase food and essentials by bank transfer at the expense of funds earned during the period of serving their sentence, as well as at the expense of pensions, social benefits and money transfers. These funds are credited to the personal accounts of convicts. Funds earned by convicts during the period of serving their sentences, pensions and social benefits they receive can be spent without restriction on the purchase of food and essentials.

Persons sentenced to deprivation of liberty are granted short visits lasting 4 hours and long visits lasting 3 days on the territory of the correctional institution. In the cases provided for by the Penal Code of the Russian Federation, convicts may be granted long-term visits with residence outside the correctional facility for a period of 5 days. In this case, the head of the correctional institution determines the procedure and place for the meeting. Short-term visits are provided with relatives or other persons in the presence of a representative of the administration of the correctional facility. Long visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandfathers, grandmothers, grandchildren, and with the permission of the head of the correctional institution - with other persons (Article 89 of the Penal Code of the Russian Federation).

In accordance with Art. 90 of the Penal Code of the Russian Federation, convicts sentenced to deprivation of liberty are allowed to receive parcels, parcels and parcels: a) women and persons held in educational colonies - without limiting the number; b) men - in the amount established by Art. 121, 123, 125 and 131 of the Penal Code of the Russian Federation.

Those sentenced to deprivation of liberty are allowed to receive and send letters and telegrams at their own expense without limiting their number. Correspondence received and sent by convicts is subject to censorship by the administration of the correctional facility. Correspondence of the convict with the court, the prosecutor's office, a higher body of the penitentiary system, as well as with the Commissioner for Human Rights in the Russian Federation, the Commissioner for Human Rights in the constituent entity of the Russian Federation, the public monitoring commission established in accordance with the legislation of the Russian Federation, the European Court of Human Rights censorship not subject (Article 91 of the Penal Code of the Russian Federation).

Federal Law No. 8-FZ of December 2003, 161 "On bringing the Code of Criminal Procedure of the Russian Federation and other legislative acts into line with the Federal Law "On Amendments and Additions to the Criminal Code of the Russian Federation"" was enshrined in Article 92 of the Penal Code of the Russian Federation the right of those sentenced to deprivation of liberty to telephone conversations In the absence of technical capabilities by the administration of the correctional institution, the number of telephone conversations can be limited to 6 per year The duration of each conversation should not exceed 15 minutes Telephone conversations are paid by convicts at their own expense or at the expense of their relatives .

According to Art. 93 of the Penal Code of the Russian Federation, convicts serving deprivation of liberty in locked premises, punishment cells, disciplinary cells, cell-type premises, single cell-type premises, common and solitary cells, if they do not work in the open air, have the right to a walk, the duration of which is established by Art. 118, 121, 123, 125, 127 and 131 of the Penal Code of the Russian Federation.

According to Art. 94 of the Penal Code of the Russian Federation sentenced to deprivation of liberty, except for those serving sentences in prison, as well as convicts transferred to punishment cells, cell-type premises, single cell-type premises and solitary confinement, films and video films are shown at least once a week.

Article 95 of the Penal Code of the Russian Federation allows convicts sentenced to deprivation of liberty to receive writing materials in parcels, transfers and parcels, purchase literature through the distribution network, and also subscribe to newspapers and magazines without restriction at their own expense. At the same time, the convict is allowed to carry no more than 10 copies of books and magazines.

Currently, according to Art. 98 of the Penal Code of the Russian Federation, convicts sentenced to deprivation of liberty, involved in labor, are subject to compulsory state social insurance, and convicted women are also provided with benefits for pregnancy and childbirth in the manner established by the Government of the Russian Federation. Benefits for pregnancy and childbirth are paid to convicted women, regardless of the performance of their labor duties and other circumstances.

All of these rules are aimed at realizing the rights of those sentenced to deprivation of liberty, and in Art. 96 and 97 of the Penal Code of the Russian Federation define the conditions for ensuring certain legitimate interests of this category of convicts. In Art. 96, the conditions and procedure for the movement of convicts sentenced to deprivation of liberty without convoy or escort are fixed. The main conditions for the realization of this legitimate interest are the positive characteristics of the convicts and the need for them to perform certain work without escort or escort outside the correctional facility.

Article 97 of the Penal Code of the Russian Federation provides for the possibility of the departure of those sentenced to deprivation of liberty outside the correctional institutions. Persons sentenced to deprivation of liberty, held in correctional colonies and educational colonies, as well as convicted persons left in accordance with the established procedure in pre-trial detention centers and prisons for housekeeping work, may be allowed to travel outside correctional institutions: a) short-term - lasting up to 7 days , not counting the time required for travel back and forth, due to exceptional personal circumstances (death or serious illness of a close relative that threatens the life of the patient; natural disaster that caused significant material damage to the convict or his family), as well as for the preliminary resolution of labor issues and household arrangements of the convict after release; b) long-term - for the period of annual paid leave, and for convicts - pensioners by age, disabled people of groups I and II, as well as convicts who are not provided with work for reasons beyond their control - for a period equal to the time of annual paid leave.

The rules governing the application of the main means of correction to convicts determine the specifics of conducting educational work with convicts serving deprivation of liberty in various types of correctional institutions, involving them in socially useful work, general educational and vocational training, as well as social influence. The rules that determine the procedure for applying the means of correction to convicts serving deprivation of liberty will be considered in subsequent chapters.

Rules of the regime relating to other persons in correctional institutions and in the territories adjacent to them. In correctional institutions and in the territories adjacent to them, where regime requirements are established, there may be various categories of citizens. These are relatives and other persons who arrived to visit convicts, the administration and teachers of evening (shift) educational institutions (schools, educational and consulting centers) at correctional institutions, teachers and masters of industrial training of vocational schools, lawyers and other persons providing legal assistance to convicts , representatives of state bodies, local authorities and the public, exercising control over the activities of correctional institutions, etc. All these persons are obliged, when visiting correctional institutions, to comply with the rules of conduct established by the penitentiary legislation and the internal regulations of correctional institutions. Their violation may entail the application of measures of administrative responsibility, established, for example, Art. 19.3 of the Code of Administrative Offenses of the Russian Federation for disobedience to a lawful order of an employee of the penitentiary system or Art. 19.12 of the Code of Administrative Offenses of the Russian Federation for the transfer or attempted transfer of prohibited items to persons held in correctional institutions. If there are elements of a crime in the actions of the perpetrator, a criminal case is initiated and he is held criminally liable.

13.3. Means of ensuring the regime in correctional institutions

Means of ensuring the mode are designed to ensure compliance with the procedure and conditions for the execution and serving of a criminal sentence in the form of deprivation of liberty by all subjects and participants in criminal-executive legal relations. These funds can be divided into two groups.

Means of ensuring a general regime. The regime is ensured primarily by the observance of its requirements by the personnel of correctional institutions, as well as by persons visiting them. Strict compliance with the requirements of the law, correct behavior and due exactingness create the necessary prerequisites for ensuring the regime, compliance with its requirements by convicts. General measures include: legal, labor, physical and other education; individual work with convicts; incentives that encourage lawful behavior; the work of amateur organizations, social impact.

Special means of ensuring the regime. This group consists of: protection of convicts and supervision of their behavior; penalties that ensure the required behavior; operational-search activity, technical means of supervision and control; regime of special conditions, security measures (physical force, special means and weapons).

The external protection of correctional institutions is carried out by special units of the penitentiary system, created for these purposes at institutions executing punishment. Along with security, convicts are monitored around the clock. It is carried out everywhere: in residential premises and at work, during sleep and personal time, in the canteen, library, shop, medical unit and other places where at least one convict is located. The supervision of convicts is the responsibility of all employees of the correctional institution, with the exception of the security service. Special tasks for the supervision of convicts are assigned to the shift on duty and the security departments of correctional institutions.

A special place in this group is occupied by security measures and the legal grounds for their application (Article 86 of the Penal Code of the Russian Federation). Employees of correctional institutions use physical force, special means and weapons on the territories of institutions executing punishment, adjacent territories where security requirements are established, and at protected facilities in the manner prescribed by Art. 28 - 31 of the Law of the Russian Federation "On institutions and bodies executing punishments in the form of deprivation of liberty." The grounds for their use in relation to convicts are their resistance to the staff of institutions, malicious disobedience to the lawful demands of the staff, participation in mass riots, hostage-taking, escape or detention of convicts who escaped from correctional institutions in order to suppress their illegal actions, as well as to prevent convicts from causing harm to others. or to ourselves.

1) punitive; 2) educational; 3) providing; 4) the function of social control (preventive). All these functions are interdependent, complement each other, and therefore are used in combination. Mode content in correctional institutions, the following rules are drawn up: 1) relating to the staff of the correctional institution (rules for the execution of sentences);

2) relating to convicts (rules for serving sentences);

3) relating to other persons located in correctional institutions and in the territories adjacent to them. Means of ensuring the mode are designed to ensure compliance with the procedure and conditions for the execution and serving of a criminal sentence in the form of deprivation of liberty by all subjects and participants in criminal-executive legal relations. These means are divided into two groups: 1) means of ensuring a general regime (means of persuasion); 2) special means of ensuring the regime (means of coercion).

Topic 14

14.1. Principles and basic forms of labor organization of convicts sentenced to deprivation of liberty

The principles that determine the procedure, grounds and forms of involving convicts serving deprivation of liberty in labor are formulated in international legal acts on the treatment of convicts. In Art. Article 8 of the International Covenant on Civil and Political Rights (1966) emphasizes that the work or service of persons who are in places of deprivation of liberty on the basis of a legal sentence of a court does not apply to forced or compulsory labor. The Standard Minimum Rules for the Treatment of Prisoners state that the work of prisoners should not bring them suffering, and that prisoners should be assigned useful work sufficient to fill a normal working day. The work provided to prisoners should, as far as possible, be such as to improve or equip them with qualifications that enable them to take up honest work after release. The European Prison Rules (2006) state in paragraph 26.3 that the nature of the work provided must support or develop skills that will enable the prisoner to earn a living upon release.

These provisions allow us to formulate the following international principles of labor organization sentenced to imprisonment:

1) compulsory labor;

2) social usefulness of labor;

3) labor must not bring physical suffering to convicts;

4) combination of labor and vocational training;

5) recognition of labor as a means of correction;

6) use by convicts of labor skills acquired in places of deprivation of liberty after release.

Most of them are enshrined in domestic penitentiary legislation, both in the norms of the General Part of the Penal Code of the Russian Federation (Article 8, Part 2, Article 9, Part 2, Article 12), and in the special norms of Ch. 14 of the Penal Code of the Russian Federation and the Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal sentences in the form of deprivation of liberty", which determine the grounds and forms for involving convicts sentenced to deprivation of liberty to work (at the own production facilities of correctional institutions; at enterprises of institutions executing punishment; at the facilities of enterprises of any organizational and legal forms located on the territories of correctional institutions and outside them; for housekeeping of correctional institutions and pre-trial detention centers; in the form of entrepreneurial activity: self-employment, limited liability companies), as well as conditions and remuneration of their work, as well as the activities of the administration of correctional institutions for its organization.

The obligatory labor of those sentenced to deprivation of liberty is fixed in Part 1 of Art. 103 of the Penal Code of the Russian Federation. The exception here is made by convicted men over 60 years of age and convicted women over 55 years of age, as well as convicts who are invalids of groups I and II, who are involved in labor at their request in accordance with labor legislation and legislation on the social protection of disabled people. Convicted minors, convicted pregnant women and women with children are also involved in labor in accordance with labor legislation (part 2 of article 103 of the Penal Code of the Russian Federation).

The principle of compulsory labor is also implemented in Part 6 of Art. 103 of the Penal Code of the Russian Federation, which prohibits convicts from stopping work to resolve labor conflicts. Refusal to work or termination of work is a malicious violation of the established procedure for serving a sentence and may result in the application of penalties and liability.

HF 1 st. SW Penal Code of the Russian Federation emphasizes the obligation of the administration of the correctional institution to involve convicts in socially useful work, taking into account their gender, age, ability to work, state of health and, if possible, specialty. Socially useful work means the execution by the convict of various socially significant, useful for other people work, the process and results of which bring satisfaction to the convict himself and are in demand by society. Unfortunately, in the last decade, in the conditions of economic instability in the country, the problem of providing convicts with such labor has become more and more acute.

The principle of combining labor and vocational training was enshrined in Part 1 of Art. 108 of the Penal Code of the Russian Federation, which emphasizes that compulsory primary vocational education or vocational training of convicts sentenced to deprivation of liberty who do not have a profession (specialty) in which the convict can work in a correctional institution after his release from it is organized in correctional institutions.

According to Part 2 of Art. 9 of the Penal Code of the Russian Federation, socially useful labor is one of the main means of correcting convicts. This setting was developed in Part 5 of Art. 103 of the Penal Code of the Russian Federation, which determines that the production activities of convicts should not interfere with the fulfillment of the main task of correctional institutions - the correction of convicts, as well as in Art. 1 of the Law of the Russian Federation "On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty", stating that the interests of reforming convicts should not be subordinated to the goal of making a profit from their labor.

At present, the most acute issue is the reorientation of the production of bodies and institutions executing punishment to solve the problems of labor adaptation and social rehabilitation of convicts. For these purposes, the Federal Law of June 6, 2007 No. 91-FZ "On Amending Articles 103 and 141 of the Criminal Executive Code of the Russian Federation and the Law of the Russian Federation" On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty "" amended forms of labor organization sentenced to imprisonment. Now convicts are involved in labor in the centers of labor adaptation of convicts and production (labor) workshops of correctional institutions, at federal state unitary enterprises of the penitentiary system and in organizations of other organizational and legal forms located on the territories of correctional institutions and (or) outside them, with condition of ensuring proper protection and isolation of convicts.

These provisions are specified in Art. 17 of the Law of the Russian Federation "On institutions and bodies executing criminal penalties in the form of deprivation of liberty", according to which correctional institutions involve convicts in paid work. According to this norm, correctional institutions involve convicts in paid work: 1) in the centers of labor adaptation of convicts and production (labor) workshops of institutions executing punishment; 2) at federal state unitary enterprises of the penitentiary system; 3) at the facilities of organizations of any organizational and legal forms located on the territories of institutions executing punishment, and outside them; 4) for the maintenance of institutions executing punishment and pre-trial detention centers (Fig. 8).

Fig. 8. Principles and basic forms of labor organization of convicts sentenced to deprivation of liberty

Labor adaptation centers for convicts and production (labor) workshops are structural subdivisions of penitentiary institutions and implement the requirements of the penitentiary legislation of the Russian Federation in terms of organizing vocational training for convicts, engaging them in work and strengthening their labor skills. Labor adaptation centers for convicts are being created in correctional colonies. Industrial (labor) workshops are subdivided into educational-industrial (labor) workshops and medical-industrial (labor) workshops, created respectively in educational colonies and medical correctional institutions.

The activity of labor adaptation centers for convicts and production (labor) workshops is an initiative independent production activity (own production activity) of institutions executing punishment, carried out at their own risk and under the responsibility established by law in order to fulfill the requirements of the penitentiary legislation of the Russian Federation on the mandatory involvement of convicts to work. The nomenclature of the main types of activities related to the labor adaptation of convicts is determined by the Government of the Russian Federation.

Federal state unitary enterprises are designed to attract convicts to work and train them in socially significant professions and are created under one institution executing punishment, or an association of institutions with special conditions for economic activity (for example, logging, processing and processing of wood) as structural divisions of these institutions or associations institutions. The founder of such enterprises is the federal body of the penitentiary system, which approves their charters, developed by institutions executing punishment, or associations of institutions with special conditions for economic activity, and assigns federal property to the federal state unitary enterprises of the penitentiary system.

Federal state unitary enterprises of the penitentiary system carry out their activities in accordance with the legislation of the Russian Federation.

Involvement of convicts to work at the facilities of organizations of any organizational and legal forms that are not included in the penitentiary system, located on the territories of institutions executing punishment, and outside them, is carried out on the basis of agreements (contracts) concluded by the management of institutions executing punishment and organizations . The agreement (contract) necessarily provides for: the number of convicts taken to these facilities; wages, as well as funds for the payment of the necessary benefits to convicts; special isolation of workplaces where convicts will work from other objects of organizations; property relations between penitentiary institutions and organizations; ensuring safe working conditions for working convicts, compliance with the rules and norms of safety and industrial sanitation in accordance with the legislation of the Russian Federation on labor.

The execution of housekeeping work in institutions executing punishment and pre-trial detention centers is assigned to convicts with relevant specialties (painters, plasterers, plumbers, carpenters, hairdressers, etc.). The staffs of employees performing housekeeping work for institutions executing punishment are approved by the heads of institutions executing punishment within the limits of funds allocated from the federal budget and on the basis of standards approved by the Ministry of Justice of Russia. In institutions intended for the detention of convicted juveniles and executing punishment, only persons who have reached the age of 18 may be involved in the performance of housekeeping services.

14.2. Working conditions of convicts sentenced to deprivation of liberty and its payment

The duration of the working time of those sentenced to deprivation of liberty, the rules of labor protection, safety measures and industrial sanitation are established in accordance with the legislation of the Russian Federation on labor. In addition to the Labor Code of the Russian Federation, convicts are subject to the norms of federal laws of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"; dated July 16, 1999 No. 165-FZ "On the basics of compulsory social insurance"; dated December 29, 2006 No. 255-FZ "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance"; dated March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" and the resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 26, 2003 No. 100 "On the Enactment of Sanitary and Epidemiological Rules SP 2.2.2.1327-03" ( together with the Sanitary and Epidemiological Rules "Hygienic requirements for the organization of technological processes, production equipment and working tools. SP 2.2.2.1327-03", approved by the Chief State Sanitary Doctor of the Russian Federation on May 23, 2003).

The normal working hours of convicts cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). For certain categories of those sentenced to deprivation of liberty, it is established in accordance with Art. 92 of the Labor Code of the Russian Federation, reduced working hours. So, for working convicts who are invalids of group I or II - 35 hours a week; for convicts employed in work with harmful and (or) dangerous working conditions - no more than 36 hours a week.

The start and end time of work (shift) is determined by the shift schedules established by the administration of the correctional facility in agreement with the administration of the enterprise where convicts work. The duration of daily work (shift) may not exceed: for convicts aged 15 to 16 - 5 hours, for those aged 16 to 18 - 7 hours; for the disabled - in accordance with the medical report. For convicts employed in work with harmful and (or) dangerous working conditions, where a reduced working time is established, the maximum allowable duration of daily work (shift) cannot exceed: with a 36-hour working week - 8 hours; with a 30-hour work week or less - 6 hours.

Article 96 of the Labor Code of the Russian Federation provides for the features of work at night, which are taken into account when organizing the work of those sentenced to deprivation of liberty. The duration of work (shift) at night is reduced by 1 hour. The duration of work (shift) at night is not reduced for convicts who have a reduced working time. Night time is considered from 22:6 to XNUMX:XNUMX.

The following are not allowed to work at night: convicted pregnant women; convicts under the age of 18. Persons with disabilities may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report.

In part 2 of Art. 104 of the Labor Code of the Russian Federation defines the features of recording the working time of convicts depending on the conditions of production, where they are employed, and during which the daily and weekly working hours cannot be observed. The Penal Code of the Russian Federation establishes a blanket rule, according to which the summarized accounting of working hours is allowed in accordance with labor legislation (Article 104 of the Labor Code of the Russian Federation). The summarized recording of working time is carried out so that the duration of working time for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The accounting period cannot exceed one year. The normal number of working hours for the accounting period is determined on the basis of the weekly working hours established for this category of convicts. For convicts working part-time (shift) and (or) part-time working week, the normal number of working hours for the accounting period is correspondingly reduced.

The time spent by convicts in paid labor shall be included in their total length of service. Accounting for time worked is assigned to the administration of the correctional institution and is made based on the results of the calendar year. Information about the time actually worked by the convict during the calendar year (the sum of working hours is translated into the number of working days), the level of fulfillment of norms (tasks) by him and the average salary are reflected as his personal card is processed with filling out the record card. The entry of information into the accounting card is carried out by the employee responsible for maintaining the general file cabinet for the institution, and is certified by his signature. A convict against signature annually gets acquainted with the time credited to him in the total length of service.

In case of systematic evasion (two or more times within a month) of a convict from performing work tasks and (or) his absence from the workplace for 3 consecutive hours per shift, the corresponding period of time (month or day) is excluded by decision of the administration of the correctional institution from his general work experience. The decision of the administration of the correctional institution may be appealed by the convict to the court.

The document confirming the time of work of the convict in places of deprivation of liberty is a work book, and in its absence, a certificate issued by the administration of the correctional institution.

Working convicts are entitled to annual paid leave: 18 working days - for those serving deprivation of liberty in educational colonies; 12 working days - for those serving imprisonment in other correctional institutions. Convicts are entitled to leave for the first year after 6 months of continuous work in a correctional institution. At the same time, the time the convict is kept in a cell-type room, in a single cell-type room and in solitary confinement (regardless of whether he worked at that time or not) does not count towards the period necessary to provide annual paid leave (part 4 of Art. 104 of the Penal Code of the Russian Federation). Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule drawn up by the administration of the correctional institution.

Convicts are granted paid leave. Annual paid holidays are granted with or without travel outside the correctional facility; the decision on this (in addition to the desire of the convict) takes in accordance with Part 6 of Art. 97 of the Penal Code of the Russian Federation, the head of the correctional institution, taking into account the nature and gravity of the crime committed, the time served, the personality and behavior of the convict (part 3 of the same article contains a list of persons who are not provided with such trips at all). For convicts who do not leave the correctional facilities during the granted leave, the administration of the correctional institution and the convicts themselves create more favorable conditions for their stay (special sleeping quarters, rest rooms, gyms, saunas, etc. are equipped).

The legislator makes the duration of the convict's vacation dependent on his age, state of health, the nature of the work he performs, as well as the location of the correctional institution. Convicts who overfulfill production standards or perform exemplary production tasks in hard work, as well as those employed in work with harmful and dangerous working conditions, at enterprises located in the Far North and equivalent areas, or disabled people of group I or II working at their own request , for men over 60 and women over 55, the duration of annual paid leave can be increased to 18, and for minors - up to 24 working days.

Those sentenced to deprivation of liberty are entitled to wages in accordance with the labor legislation of the Russian Federation. This issue is regulated by the provisions of Sec. 21 of the Labor Code of the Russian Federation and the Federal Law of June 19, 2000 No. 82-FZ "On the Minimum Wage". The salary of each convict depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to a maximum amount.

The system of basic state guarantees for the remuneration of convicts includes the amount of the minimum wage - the amount of the monthly wage guaranteed by federal law for the work of an unskilled worker who has fully worked out the norm of working hours when performing simple work in normal working conditions. The minimum wage is established simultaneously throughout the territory of the Russian Federation by federal law and cannot be lower than the subsistence minimum for the able-bodied population.

In part 2 of Art. 105 of the Penal Code of the Russian Federation emphasizes that the amount of remuneration for convicts who have worked out the norm of working time fully determined for a month and fulfilled the norm established for them cannot be lower than the established minimum wage. The minimum wage does not include additional payments and allowances, bonuses and other incentive payments, as well as payments for work in conditions that deviate from normal, for work in special climatic conditions and in territories exposed to radioactive contamination, other compensation and social payments.

Payment for work of a convict with part-time work or part-time work week is made in proportion to the time worked by the convict or depending on the output (part 3 of article 105 of the Penal Code of the Russian Federation).

Deductions are made from the wages, pensions and other incomes of those sentenced to deprivation of liberty to reimburse the costs of their maintenance (part 1 of article 107 of the Penal Code of the Russian Federation). Reimbursement of the cost of food, clothing and utility services is made monthly within the limits of actual costs. For the provided clothes and shoes, the convict can pay immediately if he wishes. Convicts are provided with special food and overalls free of charge.

Reimbursement by convicts of expenses for their maintenance is made after withholding alimony, income tax, deductions to the Pension Fund of the Russian Federation and other mandatory deductions. Deductions on writ of execution or other writ of execution are made from the remaining amount in the manner prescribed by the Code of Civil Procedure of the Russian Federation.

At the same time, in correctional institutions, at least 25% of their wages, pensions or other incomes are credited to the personal account of convicts, regardless of all deductions, and to the personal account of convicted men over 60 years of age, convicted women over 55 years of age, convicts who are disabled I or Group II, convicted juveniles, convicted pregnant women, convicted women with children in children's homes of a correctional institution - at least 50% of their wages, pensions or other income (part 3 of article 107 of the Penal Code of the Russian Federation).

In accordance with Art. 106 of the Penal Code of the Russian Federation, convicts sentenced to deprivation of liberty can be involved in work without pay. The type of such work in each case is determined by the administration of the correctional institution, but all of them should be associated only with the improvement of correctional institutions and the territories adjacent to them. Such works include cleaning and gardening of the territory, minor repairs of buildings and premises, etc.

Convicts are involved in work without payment in the order of priority in their free time from their main work. Their duration should not exceed 2 hours per week. The duration of work may be increased upon a written application of the convict or, if urgent work is necessary, by a decision of the head of the correctional institution.

Convicts who are invalids of group I or II, convicts of retirement age, convicted pregnant women are involved in work without pay at their request.

14.3. Vocational education and training of convicts sentenced to deprivation of liberty

One of the main principles of organizing the work of convicts sentenced to deprivation of liberty is the combination of their work and vocational training. This principle is implemented through the organization of compulsory primary vocational education or vocational training for convicts (Part 1, Article 108 of the PEC). Vocational training is obligatory for persons: a) who do not have any profession (specialty); b) do not have a profession (specialty) in which it is possible to work in a correctional institution. Ideally, we are talking about, on the one hand, giving the convict a profession (specialty) in which he can be given a job in a correctional institution, on the other hand, providing him with a profession that is in demand on the labor market after release.

Vocational education and training are not obligatory for convicts who are invalids of group I or II, as well as for convicts of retirement age. However, if they wish, they can receive the professional training they need (part 2 of article 108 of the Penal Code of the Russian Federation).

Legal regulation of vocational education and training of convicts sentenced to deprivation of liberty is carried out on the basis of the Constitution of the Russian Federation (Articles 37, 43), the Penal Code of the Russian Federation, the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education", regulatory acts of the Government of the Russian Federation, the Ministry of Education and Science Russia, Ministry of Justice of Russia.

Vocational training in correctional institutions is organized in two forms: primary vocational education (training of convicts in vocational schools) and vocational training of convicts (on-the-job training).

Education in vocational schools is regulated by the order of the Ministry of Education of Russia No. 592, the Ministry of Internal Affairs of Russia No. 446 dated November 22, 1995 "On approval of the Instructions for organizing primary vocational education of convicts in institutions executing criminal penalties in the form of deprivation of liberty" and is the main type of vocational education for convicts deprivation of liberty.

Vocational training of convicts is aimed at accelerating the acquisition by the trainee of the skills necessary to perform certain work. Vocational training is not accompanied by an increase in the educational level of the student and training is organized directly at the workplace. In this form, convicts serving life imprisonment master the specialty (part 5 of article 108 of the Penal Code of the Russian Federation).

The attitude of convicts to receiving primary vocational education and training is taken into account when determining the degree of their correction (part 3 of article 108 of the Penal Code of the Russian Federation).

In July 2007 in Art. 108 of the Penal Code of the Russian Federation, the duty of the administration of the correctional institution, taking into account the available opportunities, to assist convicts in obtaining higher professional education, was fixed. The main form of obtaining higher education by convicts is distance learning. Currently, more than 1200 convicts are covered by this form of education. On February 4, 2005, an agreement was signed between the Federal Penitentiary Service of Russia and the Modern Humanitarian Academy on the development of a network of distance education in places of deprivation of liberty using the latest information technologies. Within the framework of this agreement, convicts serving sentences in correctional colonies of the Republic of Bashkortostan, the Khabarovsk Territory, and the Arkhangelsk Region receive higher education in the specialties "psychology", "jurisprudence", "management". In addition, convicts study remotely at Tomsk State Pedagogical University, Northwestern Technical University, Saratov State Socio-Economic University, Novosibirsk State Technical University, Moscow Institute of Economics and Finance, etc.

Topic 15. LEGAL REGULATION OF EDUCATIONAL IMPACT ON PRISONERS

15.1. Educational work with convicts

Educational work according to Art. 9 of the Penal Code of the Russian Federation is recognized as one of the main means of correcting convicts. In the Concept of educational work with convicts in the context of reforming the penitentiary system, approved on April 20, 2000, educational work - this is a system of pedagogically sound measures that contribute to overcoming the personal deformations of convicts, their intellectual, spiritual and physical development, law-abiding behavior and social adaptation after release. In accordance with Part 1 of Art. 109 PEC RF tasks educational work with convicts sentenced to deprivation of liberty is their correction, the formation of a respectful attitude towards a person, society, work, norms, rules and traditions of human society among convicts, and an increase in their educational and cultural level.

The main directions of educational work (Fig. 9) are the moral, legal, labor, physical and other education of those sentenced to deprivation of liberty, which contributes to their correction (part 1 of article 110 of the Penal Code of the Russian Federation).

The moral education of convicts sentenced to deprivation of liberty involves familiarizing them with the moral values ​​of human society, forming on this basis the entire personality of the convict, his position in life, affirming moral principles and norms, moral ideals and beliefs in the mind of the convict.

The legal education of convicts sentenced to deprivation of liberty is aimed at developing in them an elementary legal culture and sense of justice, respect for the law, striving for its precise and unswerving observance. Legal education, propaganda of laws and positive experience of law-abiding behavior directly affects the prevention of the commission of new crimes by convicts both during serving their sentence and after release from a correctional institution.

Labor education of convicts sentenced to deprivation of liberty is a process of forming labor habits and abilities of convicts, developing their psychological readiness and the need to work for the benefit of society. The involvement of convicts in labor should convince them that an honest working way of life is the only correct and acceptable future path for them.

Physical education of convicts includes various physical culture and sports events. It is aimed not only at organizing the free time of convicts, but also at developing skills to maintain the body in good condition with the help of physical activity while serving imprisonment.

Fig. 9. The main tasks, directions, forms and methods of educational work with convicts sentenced to deprivation of liberty

Other areas of educational influence include socio-political, economic, aesthetic, environmental education.

When executing criminal sentences in the form of deprivation of liberty, the potential for educational influence on convicts is more significant, in contrast to other types of punishment. In correctional institutions, for the conduct of educational work, a minimum material and technical base has been created (clubs, rooms for educational work, libraries, etc.), there is appropriate personnel (employees of the educational apparatus, psychological service) and methodological support, educational activities are provided for by the daily routine and are mandatory for convicts. In addition, the participation of convicts in ongoing educational activities is taken into account when determining the degree of their correction, as well as when applying incentives and penalties to them (part 2 of article 109 of the Penal Code of the Russian Federation).

The penitentiary legislation (part 2 of article PO PEC) establishes the principle of differentiation of educational work depending on the term of punishment, the type of correctional institution and the conditions of detention of convicts.

The main forms and methods of educational work with convicts sentenced to deprivation of liberty are defined in Art. According to the Criminal Code of the Russian Federation. Educational work is carried out in three main forms: 1) individual; 2) group; 3) mass. At the same time, psychological and pedagogical methods of influencing individual convicts and their groups are widely used.

Mass forms (lectures, evenings of questions and answers, amateur art concerts, theme evenings, etc.) are used in educational activities that require coverage of all or a significant part of convicts serving sentences in correctional institutions. They are necessary when summing up and setting goals for a certain period of time, to solve issues that require mass attention and effort.

More common are group educational activities (conversations, classes on social, legal and economic issues, meetings of a detachment of convicts, etc.). The main group here is a detachment of convicts. In addition, educational activities can be carried out with groups of violators of discipline, groups of convicts preparing for release, groups of persons held in cell-type premises, etc.

In accordance with the order of the Ministry of Justice of Russia dated December 30, 2005 No. 259 "On approval of the Regulations on the detachment of convicts of the correctional institution of the Federal Penitentiary Service", a detachment of convicts is created in the structure of correctional institutions in order to ensure the management of the correctional process, create the necessary conditions for the observance of rights and legal interests, ensuring the personal safety of convicts, preserving and maintaining their health, carrying out educational, psychological, social and other work with them, raising the educational, professional and cultural level, satisfying spiritual needs, preparing for release. The number of convicts in the detachment is established: in a correctional colony within 50 - 100 people, depending on the type of regime and the number of convicts; in the educational colony - 50 people.

The most effective form of educational influence is individual work with convicts. The content of individual work includes: the study of the nature of relationships among convicts; identification of informal leaders; development of standard methods for studying the personality of a criminal and organizing work with convicts belonging to various classification categories; drawing up and implementing plans for individual work with specific individuals; organization of self-education and certification of convicts; organization of work to persuade convicts to turn themselves in confession; repayment of claims and payment of alimony; preparation of convicts for release, etc.

At present, a significant place in the organization of individual work with convicts is given to the psychological service of the penitentiary system.

The bulk of educational activities is assigned to the head of the detachment of the correctional institution. To do this, the position of the head of the detachment is replaced by persons in command, who, as a rule, have a higher or secondary vocational education (pedagogical, psychological or legal). At the same time, this does not mean that educational work is carried out exclusively by the head of the detachment. In correctional institutions, the principle is implemented: each employee of places of deprivation of liberty is a teacher and educator.

In the process of educational work, various psychological and pedagogical methods are used: persuasion (clarification, teaching, instruction, proof, refutation, example); organization of behavior (requirement, demonstration, explanation, instruction, instruction, exercise); inhibition of negative behavior (suggestion, condemnation, censure, warning, punishment); stimulating positive behavior (praise, approval, trust, encouragement, prospect organization).

In educational work with convicts, a prominent place is given to amateur organizations. According to Art. 111 of the Penal Code of the Russian Federation, they are created in correctional institutions (with the exception of prisons and among convicts held in cell-type premises, unified cell-type premises) and work under the control of the administration of correctional institutions. The main tasks of amateur organizations of convicts are: to provide convicts with assistance in spiritual, professional and physical development; development of useful initiative of convicts; exerting a positive influence on the correction of convicts; participation in solving issues of organizing work, life and leisure of convicts; assistance to the administration of correctional institutions in maintaining discipline and order, forming healthy relations between convicts; provision of social assistance to convicts and their families. Amateur organizations of convicts may also have other tasks that do not contradict the goals, procedure and conditions of serving the sentence.

The procedure for the formation and operation of amateur organizations of convicts in a correctional facility of the Federal Penitentiary Service is determined by Order of the Ministry of Justice of Russia dated June 8, 2005 No. 79, which approved the relevant Regulation. Among the forms of amateur organizations of convicts, the Regulations include collectives of convict detachments and the council of the collective of convicts of the institution. The organizational structure of amateur organizations in the detachment is made up of the detachment collective council, the discipline and order section, the labor adaptation section, the fire safety section, the sanitary section, the leisure section, the general education and vocational training section, the physical culture and sports section, whose activities cover all major areas of life detachment. Other sections can be created in the detachment. In addition to the participation of convicts in the work of the above sections, their amateur performance can be widely manifested in the work of various creative circles and organizations.

On the scale of the institution, the scope of activities of amateur organizations is significantly expanding, their functions are somewhat modified, including the management of the activists of public formations of convicts.

The council of the collective of the institution (detachment) - the elected governing body of the self-government of an amateur organization of convicts - organizes and coordinates the work of the sections, ensures the implementation of the decisions and planned activities adopted at the general meeting of the public formation. The personal composition of the councils of teams of detachments and the council of the collective of the institution is approved, respectively, by the head of the detachment and the head of the colony. The participation of convicts in the work of amateur organizations is encouraged and taken into account when determining the degree of their correction. At the same time, members of amateur organizations of convicts do not enjoy additional benefits.

The council of the collective of the institution (detachment), within its competence, may discuss any issue related to the work, leisure and life of convicts. On the issues discussed, the members of the council develop proposals that are submitted for consideration by the general meeting of convicts and the administration of the institution. Decisions of amateur organizations are taken by open voting by a majority of votes, but come into force only after approval by the administration of the correctional institution.

General education of those sentenced to deprivation of liberty in accordance with Art. 112 of the Penal Code of the Russian Federation is referred to as measures of educational influence. This is absolutely justified, since education in the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" is understood as a purposeful process of education and training in the interests of a person, society, state, accompanied by a statement of the achievement by a citizen (student) of educational levels established by the state (educational qualifications).

The right to education for many convicts is not only a constitutional right, but also an obligation. According to Part 1 of Art. 112

The Penal Code of the Russian Federation in correctional institutions organizes mandatory general education for those sentenced to deprivation of liberty who have not reached the age of 30 years. Convicts over 30 years of age and convicts who are invalids of group I or II receive basic general or secondary (complete) general education at their request.

The procedure for obtaining general education is defined in the joint order of the Ministry of Justice of Russia No. 61, the Ministry of Education and Science of Russia No. 70 dated March 27, 2006 "On approval of the Regulations on the organization of obtaining basic general and secondary (complete) general education by persons serving sentences of imprisonment in correctional colonies and prisons of the penitentiary system. According to this Regulation, the right of convicts to receive education is guaranteed through the creation of evening (shift) general educational institutions (schools, educational and consulting centers) at correctional institutions operating in accordance with the Model Regulation on an evening (shift) general education institution (approved by the Decree of the Government of the Russian Federation dated November 3, 1994 No. 1237).

Schools are established (created), reorganized and liquidated by the educational authorities of the constituent entities of the Russian Federation in agreement with the Ministry of Justice of Russia. Admission to the school of convicts who have not reached the age of 30 and do not have a basic general education is carried out on the proposal of the administration of the institution, and the rest of the convicts - on their personal application.

Students who successfully complete the curriculum, for the period of passing the final and transfer exams, are released from work with the preservation of wages at the place of work, are not involved in overtime work on the days of classes associated with separation from studies, are entitled to a reduced working week. During the academic year, it is not allowed to transfer students from one institution to another, unless this is caused by operational and regime requirements or other exceptional circumstances.

For graduates of the 9th, 12th grades, released from serving a sentence 3 months before the start of the state (final) certification, early exams can be organized.

Students placed in a punishment cell, transferred to cell-type premises, a single cell-type room, solitary confinement in correctional colonies of a special regime, under strict conditions of serving a sentence, study in absentia. Convicts serving life imprisonment are not involved in general education. They create conditions for self-education that do not contradict the order and conditions of serving a sentence.

The receipt by convicts of basic general and secondary (complete) general education is encouraged and taken into account when determining the degree of their correction.

15.2. Measures of encouragement and punishment, the procedure for their application to those sentenced to deprivation of liberty

For good behavior, a conscientious attitude to work, training, active participation in the work of amateur organizations of convicts and in educational activities for convicts sentenced to deprivation of liberty, the following incentives can be applied (Article 113 of the Penal Code of the Russian Federation): a) gratitude; b) rewarding with a gift; c) cash prize; d) permission to receive an additional parcel or transfer; f) granting an additional short-term or long-term visit; g) permission to additionally spend money in the amount of up to 1/4 of the minimum wage for the purchase of food and essentials; h) increasing the walking time for convicts kept under strict conditions of serving sentences in correctional colonies and prisons, up to 2 hours a day for up to 1 month; i) early withdrawal of the previously imposed penalty.

Convicts serving sentences in colony-settlements may be subject to an incentive measure in the form of permission to spend days off and holidays outside the colony-settlement.

As a measure of encouragement, a transfer within one correctional colony to lighter conditions for serving a sentence is also considered, and in a prison - to a general regime in accordance with Art. 87 of the Criminal Code of the Russian Federation.

In addition, positively characterized convicts may be transferred for further serving their sentences: from prison to a correctional colony - after the convicts have served in prison at least half of the term assigned by the court's verdict; from a correctional colony of a special regime to a correctional colony of a strict regime - after serving by the convicts in a correctional colony of a special regime not less than half of the term appointed by a court verdict; from correctional colonies of general regime to a colony-settlement - upon serving by convicts who are in light conditions of detention, at least one quarter of the term of punishment; from correctional colonies of strict regime to a colony-settlement - after the convicts have served at least one third of the term of punishment; convicts who were previously released on parole from serving deprivation of liberty and committed new crimes during the period of the remaining unserved part of the punishment - after serving at least half of the term of punishment, and convicted for committing especially grave crimes - after serving at least two thirds of the term of punishment. 2 article 78 of the Penal Code of the Russian Federation).

The most significant for those sentenced to deprivation of liberty are such incentive measures as submitting for the replacement of the unserved part of the punishment with a milder type of punishment after the actual serving of the part of the sentence specified in the law (part 4 of article 113 of the Penal Code of the Russian Federation) and initiating a petition for pardon in respect of positively characterized by convicts.

The procedure for applying incentive measures to those sentenced to deprivation of liberty is established in Art. 114 of the Penal Code of the Russian Federation. Gratitude is announced orally or in writing, the rest of the encouragement is only in writing by decision or order of the head of the correctional institution or the person replacing him. Team leaders have the right to apply the following incentives: a) gratitude; b) permission to spend additional money on the purchase of food and basic necessities; c) early removal of the penalty previously imposed by the head of the detachment.

As an incentive, convicts may be allowed to receive up to 4 additional parcels or parcels during the year and be provided with up to 4 additional short-term or long-term visits.

A convict who has an outstanding or outstanding penalty may be given incentives only in the form of early withdrawal of the previously imposed penalty. Early withdrawal of a previously imposed penalty is allowed no earlier than 3 months from the date of imposition of penalties (reprimand and disciplinary fine) and not earlier than six months from the date of departure of the remaining penalties specified in paragraphs of Part 1 of Art. 115 of the Penal Code of the Russian Federation.

In accordance with Art. 115 of the Penal Code of the Russian Federation for violation of the established procedure for serving sentences, the following penalties may be applied to those sentenced to deprivation of liberty: a) reprimand; b) a disciplinary fine of up to 200 rubles; c) placing convicts held in correctional colonies or prisons in a punishment cell for up to 15 days; d) transfer of convicted men who are malicious violators of the established procedure for serving sentences, held in correctional colonies of general and strict regimes, to cell-type premises, and in correctional colonies of special regime - to solitary confinement for up to 6 months; e) transfer of convicted men who are persistent violators of the established procedure for serving sentences to single cell-type premises for a period of up to 1 year; f) transfer of convicted women who are malicious violators of the established procedure for serving sentences to cell-type premises for up to 3 months.

Penalties may be applied to convicts serving deprivation of liberty in settlement colonies in the form of cancellation of the right to live outside the hostel and prohibition to leave the hostel in their free time for up to 30 days. However, they are not subject to the penalties specified in clauses "d", "e" and "e" of Part 1 of Art. 115 of the Penal Code of the Russian Federation.

Of great importance for the implementation of penalties is the consolidation in the penal law of the concepts of "malicious violation of the established procedure for serving sentences by persons sentenced to deprivation of liberty" and "malicious violator of the established procedure for serving sentences." The definition of these terms in Art. 116

The Penal Code of the Russian Federation allows not only in practice to differentiate the application of penalties to a certain category of convicts, but also to clearly establish criteria for changing the conditions for serving sentences for the worse for convicts inside a correctional institution (Articles 120, 122, 124, 127, 130, 132 of the Penal Code of the Russian Federation).

Malicious violations of the established procedure for serving sentences sentenced to deprivation of liberty are: the use of alcoholic beverages or narcotic drugs or psychotropic substances; petty hooliganism; threat, disobedience to representatives of the administration of the correctional institution or insulting them in the absence of signs of a crime, etc. (part 1 of article 116 of the Penal Code of the Russian Federation). A convict who has committed these violations is recognized as a malicious violator of the established procedure for serving a sentence, subject to the imposition of a penalty under paragraphs "c" - "e" of part 1 of Art. 115 and p. "b" Art. 136 of the Penal Code of the Russian Federation.

The repeated violation of the established procedure for serving a sentence within 1 year may also be considered malicious, if for each of these violations the convict was sanctioned in the form of placement in a punishment cell or disciplinary cell.

The convict is recognized as a malicious violator of the established procedure for serving a sentence by a decision of the head of the correctional institution on the proposal of the administration of the correctional institution simultaneously with the imposition of a penalty.

When applying penalties to convicted to imprisonment in accordance with Part. 1 Article. 117 of the Penal Code of the Russian Federation, the circumstances of the violation, the personality of the convict and his previous behavior are taken into account. The penalty imposed must be appropriate to the severity and nature of the violation. The penalty is imposed no later than 10 days from the day the violation was discovered, and if an inspection was carried out in connection with the violation - from the day it was completed, but no later than 3 months from the day the violation was committed. The penalty is executed immediately, and in exceptional cases - no later than 30 days from the date of its imposition. It is forbidden to impose several penalties for one violation.

A reprimand is announced orally or in writing, other penalties are only in writing. The penalty is imposed by the decision of the head of the correctional institution or the person replacing him. A disciplinary fine is imposed only for malicious violations of the established procedure for serving a sentence, listed in Part 1 of Art. 116 of the Penal Code of the Russian Federation. The collected amount of the disciplinary fine is transferred to the federal budget.

Convicted women with children under the age of three in a children's home of a correctional institution, and convicted women released from work due to pregnancy and childbirth, as well as convicts who are disabled of group I, in a punishment cell, cell-type premises and single cell-type premises are not are being translated.

If within a year from the date of serving the disciplinary sanction the convict is not subjected to a new sanction, he shall be deemed not to have sanctioned.

Topic 16

16.1. Material and household and medical and sanitary support of convicts in correctional institutions

The organization of material and household and medical and sanitary support for those sentenced to deprivation of liberty is one of the most important conditions for the effective application of means of correction to them.

The material and medical and sanitary support of convicts is a set of social and legal measures aimed at creating conditions for the normal life of convicts and meeting their needs for food, clothing, housing, and medical care. Well-established life and treatment in correctional facilities have a significant impact on the process of correction of convicts.

Material and household and medical and sanitary support of convicts sentenced to deprivation of liberty is carried out in accordance with the requirements of the Penal Code of the Russian Federation, the Law of the Russian Federation of July 21, 1993 No. 51473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty", regulatory legal acts Government of the Russian Federation, interdepartmental and departmental regulations.

Material and welfare support for convicts is implemented in the following areas: 1) the creation of the necessary housing and communal conditions; 2) food supply; 3) supply of clothing property. The creation of the necessary housing and communal conditions is one of the main duties of the administration of correctional institutions.

In accordance with Art. 99 of the Penal Code of the Russian Federation, the norm of living space per one convicted person in correctional colonies cannot be less than 2 m2, in prisons - 2,5 m2, in colonies intended for serving sentences by convicted women - 3 m2, in educational colonies - 3,5 m2, in medical correctional institutions - 3 m2, in medical institutions of the penal system - 5 m2.

Each convict is provided with an individual bed. Residential premises are provided with tables, stools, bedside tables, tanks for drinking water and other equipment according to established standards. The premises must comply with the rules of sanitation and hygiene, have heating, sufficient natural and artificial (electric) lighting, be radio-infused, the temperature in them in cold weather must be maintained at least 18 - 20 ° C. To keep the convicts clean and hygienic, living quarters have the necessary sanitary equipment, toilet rooms, changing rooms, places for food storage, etc.

In order to create normal living conditions in the residential area of ​​correctional institutions, a kitchen-dining room, a bathhouse, a hairdresser, a laundry room with a disinfection chamber, shoe and clothing repair shops, a storage room for personal belongings, a dryer and other household facilities are located.

Another area of ​​material and household support for convicts in places of deprivation of liberty is to provide them with food sufficient for the normal functioning of the body. The minimum food and welfare standards for convicts are established by Decree of the Government of the Russian Federation of April 11, 2005 No. 205 "On the minimum nutritional standards and material and domestic support for convicts sentenced to deprivation of liberty, as well as on the norms of nutrition and material and domestic support for suspects and those accused of commission of crimes in the pre-trial detention centers of the Federal Service for the Execution of Punishments and the Federal Security Service of the Russian Federation, for peacetime.

These norms are differentiated depending on the gender and age of convicts and the nature of the work performed. This order is associated with different levels of human energy consumption at different ages and when performing various types of work. Convicts sentenced to deprivation of liberty are provided with three meals a day according to the minimum norm. So, per day they are supposed to: rye bread - 300 g (women - 200 g), wheat bread - 250 g, wheat flour of the 2nd grade - 5 g, different cereals - 100 g (women - 90 g), pasta - 30 g , meat - 90 g, fish - 100 g, fats and margarine - 35 g (women - 30 g), vegetable oil - 20 g, cow's milk - 100 ml, chicken eggs - 2 pcs. per week, sugar - 30 g, natural tea - 1 g, salt - 20 g (for women - 15 g), potatoes - 550 g (for women - 500 g), vegetables - 250 g, bay leaf - 0,1 g, tomato paste - 3 g, mustard powder - 0,2 g, soy flour - 10 g, dry fortified kissels - 25 g or dried fruits - 10 g. They rely on 50 g more wheat and rye bread, potatoes and vegetables, 40 g more meat, 20 g more cereals, pasta and fish, etc.

At work with harmful working conditions, where preventive nutrition is provided, convicts are given free additional milk or other products on the days of work. At the expense of enterprises that employ convicts, they can be provided with additional food in excess of the established norms.

Convicted pregnant women, nursing mothers, minors, as well as the sick are provided with improved living conditions and increased nutritional standards.

The third direction of the material and domestic support of convicts in places of deprivation of liberty is the supply of their belongings. Persons sentenced to deprivation of liberty are provided with bedding, as well as linen, clothes, shoes and other belongings, taking into account gender and climatic conditions. The norms of clothing allowance for convicts are approved by the Ministry of Justice of Russia.

Convicts are provided with personal hygiene products (at least soap, toothbrush, toothpaste (tooth powder), toilet paper, disposable razors (for men), personal hygiene products (for women)). So, according to the norm, it is issued per person: 200 g (minors - 400 g) of laundry soap, women and minors also toilet soap, respectively, 100 g and 50 g for 1 month, 30 g of toothpaste (powder) for 1 month, 1 toothbrush for 6 months.

The penitentiary legislation guarantees those sentenced to deprivation of liberty a minimum amount of material support. At the same time, convicts receiving wages and convicts receiving a pension shall reimburse the cost of food, clothing, public services and personal hygiene products, except for the cost of special meals and special clothing. From convicts who evade work, these expenses are deducted from the funds available on their personal accounts. Reimbursement of the cost of food, clothing, household services and personal hygiene products is made monthly within the actual costs incurred in a given month.

Convicts who do not work for reasons beyond their control, convicts who do not receive pensions are provided with food and basic necessities at the expense of the state. Convicted, released from work due to illness, convicted pregnant women and convicted nursing mothers for the period of release from work, food is provided free of charge. Convicts held in educational colonies, as well as convicts who are disabled of group I or II, food, clothing, public utilities and personal hygiene products are provided free of charge.

In addition, the Penal Code of the Russian Federation provides for the possibility for convicts to receive additional material and welfare support. Thus, it establishes the right of convicts to purchase food and basic necessities (see details 13.2, 16.2) by bank transfer in the shops of correctional institutions. In excess of the established amount of funds allowed to be spent on the purchase of food and basic necessities, convicts may, at their own expense, additionally purchase clothing permitted for use in correctional institutions, including sportswear, TVs and radios, sports equipment, and musical instruments.

In addition, convicts, at their own request, can at their own expense use the services of public utilities located in the area where the correctional institution is located. Such services include: tailoring and repair of civilian clothing and footwear, cleaning clothes, repairing household appliances that convicts have, photo and video filming (performed under the control of the administration), hairdressing services, copying court documents, other documents available in the personal files of convicts, Notary Services. With the consent of the administration of the correctional institution, the convict may be given the opportunity to use other services.

Those sentenced to deprivation of liberty are allowed to receive in the amount determined by the Penal Code of the Russian Federation, depending on the type of correctional institution and the conditions for serving the sentence, parcels, transfers and parcels with food, tobacco products, stationery, personal hygiene items, medicines, etc.

The medical and sanitary provision of convicts in correctional institutions is regulated by the norms of the Penal Code of the Russian Federation and the legislation of the Russian Federation on health care, joint orders and instructions of the Ministry of Health and Social Development of Russia and the Ministry of Justice of Russia, as well as departmental regulations. Among them: the order of the Ministry of Health and Social Development of Russia No. 640, the Ministry of Justice of Russia No. 190 dated October 17, 2005 "On the procedure for organizing medical care for persons serving sentences in places of deprivation of liberty and taken into custody"; order of the Ministry of Justice of Russia dated June 6, 2006 No. 205 "On approval of the Regulations on the procedure for exercising state sanitary and epidemiological supervision at the facilities of the penitentiary system"; order of the Ministry of Health of Russia No. 311, order of the Ministry of Justice of Russia No. 242 of August 9, 2001 "On the release from serving sentences of those sentenced to imprisonment due to serious illness"; order of the Ministry of Health of Russia No. 346, of the Ministry of Justice of Russia No. 254 dated August 28, 2001 "On approval of the list of medical contraindications for serving sentences in certain areas of the Russian Federation by those sentenced to deprivation of liberty."

Medical and sanitary provision of convicts includes: 1) outpatient treatment; 2) inpatient treatment; 3) medical provision; 4) sanitary supervision.

Outpatient treatment of convicts sentenced to deprivation of liberty is carried out in the medical units of correctional institutions. Reception of convicts in them is carried out by appointment and by appointment of the medical staff in accordance with the working hours of the medical unit. The structure of the medical unit includes, as a rule: a pharmacy, an outpatient clinic, a hospital with a diagnostic laboratory, dental, therapeutic and other rooms, an infectious isolation ward, etc.

Reception by convicts of medicines received from relatives is carried out strictly according to medical indications and only under the supervision of medical staff.

Inpatient treatment of convicts sentenced to deprivation of liberty is carried out in medical and preventive (interregional and regional hospitals for convicts, specialized tuberculosis hospitals) and medical correctional institutions (treatment correctional colonies for convicts with tuberculosis). In cases where the necessary medical assistance cannot be provided in medical and preventive institutions and medical correctional institutions, as well as in emergency cases, convicts may be sent, subject to the requirements of protection and supervision, to territorial medical and preventive institutions of the health authorities.

In addition, convicts, at their request, may receive any additional medical and preventive care paid at their own expense, provided by healthcare professionals in medical institutions and medical correctional institutions. Payment for additional medical and preventive care is carried out by postal (telegraphic) transfer of money from the personal account of the convicted person to the address of the medical institution or medical specialist who provided it.

In correctional institutions, strict compliance with sanitary-hygienic and anti-epidemic standards and requirements is ensured. The administration of correctional institutions is responsible for the fulfillment of the established sanitary-hygienic and anti-epidemic requirements that ensure the protection of the health of convicts.

The appearance in correctional institutions of the facts of convicts refusing to eat, endangering their lives, led to the fixing in the PEC (Article 101) of the provision on forced feeding of convicts on medical grounds.

16.2. Execution of punishment in the form of deprivation of liberty in correctional institutions of various types

Norms Ch. 16 of the Penal Code of the Russian Federation determine the features of the execution of imprisonment in correctional institutions of various types.

In colonies-settlements the following persons are serving their sentence in the form of deprivation of liberty: persons convicted of crimes committed by negligence; persons convicted for the first time for committing intentional crimes of small or medium gravity; positively characterized convicts transferred from general and strict regime colonies. In colonies-settlements, convicts serve their sentences under the same conditions.

Convicted men and convicted women may be kept in one colony-settlement. Convicts who have committed crimes in complicity serve their sentences, as a rule, separately. In colonies-settlements, those sentenced to deprivation of liberty: a) are kept without guards, but under the supervision of the administration of the colony-settlement; during the hours from wake-up to lights-out, they enjoy the right of free movement within the limits of the colony-settlement; with the permission of the administration of the colony-settlement, they can move without supervision outside the colony-settlement, but within the territory of the corresponding administrative-territorial formation, if this is necessary due to the nature of the work they perform or in connection with training; may wear civilian clothes; may carry money and valuables; use money without restriction; receive parcels, transfers and parcels; can have dates without limiting their number; b) live, as a rule, in dormitories specially designed for them. Convicts who do not allow violations of the established procedure for serving sentences and who have families, by order of the head of the colony-settlement, may be allowed to live with their families in rented or own living space on the territory of the colony-settlement or outside it. These convicts are required to appear for registration in the colony-settlement up to 4 times a month. The frequency of registration is established by the decision of the head of the colony-settlement. The living quarters in which convicts live may be visited at any time by a representative of the administration of the colony-settlement; c) have a document of the established form, proving the identity of the convict. The passport and other personal documents of convicts are kept in their personal files.

Convicts are prohibited from bringing to the dormitory, using and storing in the dormitory items and substances, the list of which is established by the Internal Regulations of Correctional Institutions.

General regime penal colonies contain men sentenced to imprisonment for committing grave crimes who have not previously served a prison sentence, as well as women sentenced to imprisonment for committing grave and especially grave crimes, including in case of any type of recidivism. In addition, they may contain persons convicted of crimes committed through negligence, as well as for committing intentional crimes of small and medium gravity, who have not previously served imprisonment in cases where this type of correctional institution is appointed by a court or the transfer of malicious violators of the regime from a colony-settlement to which they were sent by court order.

Under normal conditions, in correctional colonies of general regime, convicts sentenced to deprivation of liberty who entered this correctional institution, as well as convicts transferred from lighter and strict conditions of serving sentences, serve their sentences. If the convict during his stay in the pre-trial detention center did not commit violations of the established order of detention, for which a disciplinary measure was applied to him in the form of placement in a punishment cell, the period of his stay under normal conditions is calculated from the day of detention. In the absence of penalties for violations of the established procedure for serving a sentence and a conscientious attitude to work, after serving at least 6 months of the sentence under normal conditions of serving a sentence, convicts may be transferred to facilitated conditions. Convicted persons serving sentences in lighter conditions, for the purpose of successful social adaptation, may be released from custody by order of the head of the correctional colony 6 months before the end of the sentence. In this case, the convicts are allowed to live and work under the supervision of the administration of the correctional institution outside the correctional colony. They may be kept together with convicts who are granted the right to move without convoy or escort. Convicted women may be allowed to live outside the penal colony with their family or children in rented or own living space.

Convicts serving sentences under normal conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to strict conditions for serving sentences. Convicted persons serving sentences in light conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to ordinary or strict conditions for serving sentences. Transfer from strict conditions of serving a sentence to ordinary conditions is made no earlier than after 6 months in the absence of penalties for violations of the established procedure for serving a sentence.

Correctional colonies of strict regime contain men sentenced to deprivation of liberty for committing especially grave crimes, who have not previously served deprivation of liberty, as well as in cases of recidivism or dangerous recidivism of crimes, if the convict has previously served deprivation of liberty.

Under normal conditions, convicts sentenced to deprivation of liberty who entered this correctional institution, except for those convicted of intentional crimes committed during the period of serving deprivation of liberty, as well as convicts transferred from lighter and strict conditions of serving sentences, serve their sentences in strict regime correctional colonies. If during the period of stay in a pre-trial detention center a disciplinary measure in the form of placement in a punishment cell was not applied to the convict, the period of his stay in the usual conditions of serving the sentence is calculated from the day of detention.

In the absence of penalties for violations of the established procedure for serving sentences and a conscientious attitude to work, after serving at least 9 months of the sentence under normal conditions of serving sentences, convicts may be transferred to facilitated conditions. Convicts serving sentences under normal conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to strict conditions for serving sentences. Those convicted for intentional crimes committed during the period of imprisonment are also placed in strict conditions for serving a sentence upon arrival in a strict regime correctional colony.

Convicts serving sentences in light conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to ordinary or strict conditions for serving sentences. Transfer from strict conditions of serving a sentence to ordinary conditions is made no earlier than after 9 months in the absence of penalties for violations of the established procedure for serving a sentence.

Convicts transferred from another strict regime penal colony serve their sentence under the same conditions that were determined by them before the transfer.

The conditions for serving deprivation of liberty in strict regime correctional colonies on various conditions of serving a sentence are given in Table. 7.

Special regime correctional colonies contain men with especially dangerous recidivism of crimes, sentenced to life imprisonment, as well as convicts whose death penalty has been commuted by pardon to imprisonment for a certain period or life imprisonment.

Under normal conditions, in correctional colonies of a special regime, convicts sentenced to deprivation of liberty who entered this correctional institution, except for those convicted of intentional crimes committed during the period of serving deprivation of liberty, as well as convicts transferred from lighter and strict conditions of serving sentences, serve their sentences. If during the period of stay in a pre-trial detention center a disciplinary measure in the form of placement in a punishment cell was not applied to the convict, the period of his stay in the usual conditions of serving the sentence is calculated from the day of detention. In the absence of penalties for violations of the established procedure for serving a sentence and a conscientious attitude to work, after serving at least 1 year of the sentence under normal conditions of serving a sentence, convicts may be transferred to facilitated conditions. Convicts serving sentences under normal conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to strict conditions for serving sentences. Those convicted for intentional crimes committed during the period of imprisonment are also placed in strict conditions for serving a sentence upon arrival in a special regime correctional colony.

Convicts serving sentences in light conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to ordinary or strict conditions for serving sentences. Transfer from strict conditions of serving a sentence to ordinary conditions is made no earlier than after 1 year in the absence of penalties for violations of the established procedure for serving a sentence.

Convicts transferred from another special regime correctional colony serve their sentence under the same conditions that were determined by them before the transfer.

The conditions for serving deprivation of liberty in correctional colonies of a special regime on various conditions of serving a sentence are given in Table. 7.

In correctional colonies of a special regime, separately from other convicts, those sentenced to life imprisonment, as well as convicts whose death penalty has been replaced by life imprisonment by way of pardon, serve their sentences.

Upon arrival at a special regime correctional colony, all convicts are placed in strict conditions for serving their sentences. Transfer from strict conditions to ordinary conditions of serving a sentence is made after serving at least 10 years in strict conditions of serving a sentence. If during the period of stay in a pre-trial detention center a disciplinary measure in the form of placement in a punishment cell was not applied to the convict, the period of his stay in strict conditions of serving the sentence is calculated from the day of detention. After serving at least 10 years under normal conditions of serving a sentence, convicts may be transferred to facilitated conditions. Convicts who are recognized as malicious violators of the established procedure for serving sentences and serving sentences under facilitated conditions are transferred to ordinary or strict conditions for serving sentences, and convicts serving sentences under ordinary conditions are transferred to strict conditions for serving sentences.

Those sentenced to life imprisonment are placed in cells, as a rule, no more than 2 people each. At the request of convicts and in other necessary cases, by order of the head of the correctional colony, if there is a threat to the personal safety of convicts, they may be kept in solitary confinement. The work of these convicts is organized taking into account the requirements for keeping convicts in cells. Convicts have the right to a daily walk lasting 1,5 hours. With the good behavior of the convict and the availability of the opportunity, the walk time can be increased up to 2 hours.

The procedure for serving sentences of convicts in ordinary, light and strict conditions in terms of spending funds on the purchase of food and essentials, the number and type of visits, the number of parcels, parcels and parcels, corresponds to the procedure established for ordinary correctional colonies of a special regime (see Table 7).

Prisons contain men sentenced to imprisonment for more than 5 years with serving part of the sentence in prison, as well as convicts transferred to prison for up to 3 years for violating the established procedure for serving sentences in correctional colonies of general, strict and special regimes. Prisons may also contain convicts who are there to perform housekeeping work. The term assigned by a court verdict for serving in prison is calculated from the day the convicted person arrives in prison. If during the period of stay in a pre-trial detention center a disciplinary measure in the form of placement in a punishment cell was not applied to the convict, the period of his stay in a strict regime is calculated from the day of detention. General and strict regimes are established in prisons. Convicts admitted to this correctional institution and convicts transferred from the general regime are kept in a strict regime. Convicts who are invalids of group I or II cannot be kept under a strict regime. After serving at least 1 year of the term of punishment in a strict regime, convicts can be transferred to a general regime.

Convicted persons serving sentences under the general regime, recognized as malicious violators of the established procedure for serving sentences, are transferred to a strict regime.

Those sentenced to deprivation of liberty are kept in prisons in locked common cells. In necessary cases, on a reasoned decision of the head of the prison and with the consent of the prosecutor, convicts may be kept in solitary confinement. Placement of convicts in cells is carried out in compliance with the requirements provided for in Art. 80 of the Penal Code of the Russian Federation. In addition, convicts under general and strict regimes are kept separately. Convicts who are transferred from one correctional institution to another are also kept in isolation from other convicts and separately; convicts left in prison to perform housekeeping work.

Convicts serving sentences under the general regime are allowed to: a) spend monthly on the purchase of food and essentials, in addition to the money earned, other funds available on their personal accounts, in the amount of the minimum wage; b) have 2 short and 2 long dates during the year; c) receive 2 parcels or transfers and 2 parcels during the year; d) enjoy a daily walk lasting 1,5 hours.

Convicts serving sentences under a strict regime are allowed to: a) spend monthly on the purchase of food and essentials, in addition to the funds earned, other funds available on their personal accounts, in the amount of 60% of the minimum wage; b) have 2 short dates during the year; c) receive 1 parcel and 1 parcel during the year; d) enjoy a daily walk lasting 1 hour.

Walks of convicts held in prison are carried out cell-by-cell during the daytime on a part of the prison territory specially equipped in the open air. A convict's walk may be prematurely terminated if he violates the established internal regulations.

Minors sentenced to deprivation of liberty, as well as convicts left in educational colonies until they reach the age of 21, serve their sentences in educational colonies. In educational colonies, isolated areas may be created, functioning as correctional colonies of general regime, for the detention of convicts who have reached the age of 18 years while serving their sentence. In educational colonies, ordinary, lightened, preferential and strict conditions for serving a sentence are established.

Under normal conditions, juvenile convicts who entered an educative colony serve their sentences in educational colonies, except for those who have previously served deprivation of liberty and convicted for intentional crimes committed during the period of serving their sentence, as well as juvenile convicts transferred from light, preferential or strict conditions for serving sentences. If the convict during his stay in the pre-trial detention center did not commit violations of the established order of detention, for which a disciplinary measure was applied to him in the form of placement in a punishment cell, the period of his stay under normal conditions is calculated from the day he was taken into custody.

Convicted for intentional crimes committed during the period of serving a prison sentence and who previously served a prison sentence, serve their sentences under strict conditions. In strict conditions, convicts who are recognized as malicious violators of the established procedure for serving sentences and transferred from ordinary and lighter conditions for serving sentences are also serving their sentences. After 6 months, in the absence of penalties for violating the established procedure for serving a sentence and with a conscientious attitude to work and study, they are transferred to the usual conditions for serving a sentence. The period of stay of a convicted juvenile in strict conditions includes the period of stay in the quarantine department, as well as the period of detention, if an appropriate preventive measure was applied to the juvenile convicted and he did not commit violations of the established procedure for detention, for which he was subjected to a penalty in the form placement in a punishment cell.

In the absence of penalties for violations of the established procedure for serving sentences and a conscientious attitude to work and study, convicts can be transferred from ordinary conditions of serving sentences to facilitated ones: punishment under normal conditions; b) convicted men who previously served imprisonment - after serving 3 months under normal conditions.

In order to prepare for release, convicts serving sentences in light conditions are transferred to preferential conditions for serving sentences.

Convicts serving sentences under normal conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to strict conditions for serving sentences. Convicts recognized as persistent violators of the established procedure for serving sentences are transferred from lighter conditions of serving sentences to ordinary or strict ones.

Convicts serving their sentences in preferential conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to ordinary conditions for serving sentences. Re-transfer to preferential conditions is made no earlier than 6 months after returning to facilitated conditions of serving a sentence.

The transfer of convicts from one conditions of serving sentences to others is carried out by the head of the educational colony on the proposal of the educational and educational council of this colony, except for the transfer from ordinary conditions of serving sentences to light conditions, which is carried out on the proposal of the council of educators of the detachment. If the convict disagrees with the transfer to strict conditions of serving the sentence, he has the right to appeal the decision on the transfer in the manner prescribed by law.

Convicts serving sentences in educational colonies under normal conditions live in dormitories. They are allowed:

a) monthly spend on the purchase of food and essentials, in addition to the funds earned, other funds available on their personal accounts, in the amount of 5 minimum wages; b) have 8 short-term dates and 4 long-term dates during the year.

Convicts serving sentences in lighter conditions live in dormitories. They are allowed: a) to spend on the purchase of food and essentials, in addition to the funds earned, other funds available on their personal accounts, in the amount of 7 minimum wages; b) have 12 short-term dates and 4 long-term dates during the year. By decision of the administration of the educational colony, long visits may take place outside the educational colony.

Convicts serving their sentences in privileged conditions live in dormitories. They are allowed to: a) spend on the purchase of food and essentials the funds available on personal accounts, without restriction; b) have short visits without limiting their number, as well as b long visits during the year with residence outside the educational colony. Convicted persons serving sentences in preferential terms, by order of the head of the educational colony, may be allowed to live in a hostel outside the educational colony without guards, but under the supervision of the administration of the educational colony. In this case, they are also allowed to: a) use the money; b) wear civilian clothes.

Convicts serving sentences in strict conditions live in isolated living quarters, locked in their free time from study or work. They are allowed to: a) spend on the purchase of food and essentials, in addition to the funds earned, other funds available on their personal accounts, in the amount of 3 minimum wages; b) have 6 short dates during the year.

Topic 17. IMPLEMENTATION OF THE DEATH PENALTY

According to Art. 59 of the Criminal Code of the Russian Federation, the death penalty as an exceptional measure of punishment can be established only for especially grave crimes encroaching on life. This article repeats the provisions of Part 2 of Art. 20 of the Constitution of the Russian Federation. The death penalty is not assigned to women, as well as to persons who have committed crimes under the age of 18, and to men who have reached the age of 65 by the time the court passes the sentence. The death penalty by way of pardon can be replaced by life imprisonment or imprisonment for a term of 25 years.

According to the current criminal legislation, the death penalty can be imposed for the commission of only 5 elements of crimes: murder under aggravating circumstances (part 2 of article 105 of the Criminal Code of the Russian Federation); encroachment on the life of a statesman or public figure (Article 277 of the Criminal Code of the Russian Federation); encroachment on the life of a person administering justice or preliminary investigation (Article 295 of the Criminal Code of the Russian Federation); encroachment on the life of a law enforcement officer (Article 317 of the Criminal Code of the Russian Federation); genocide (Article 357 of the Criminal Code of the Russian Federation).

Currently, the death penalty is not applied in accordance with the Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P "On the case of checking the constitutionality of the provisions of Article 41 and Part 3 of Article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the decision of the Supreme Council of the Russian Federation of July 16, 1993 "On the procedure for enacting the Law of the Russian Federation" On introducing amendments and additions to the Law of the RSFSR "On the judiciary of the RSFSR", the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and the Code of the RSFSR on Administrative Offenses "" in connection with the request of the Moscow City Court and the complaints of a number of citizens. "From the moment the said Decree comes into force and until the entry into force of the corresponding federal law, providing throughout the territory of the Russian Federation to every person accused of a crime for which the death penalty is established by federal law as an exceptional measure of punishment, the right to have his case heard by a jury, the death penalty cannot be imposed regardless of whether the case is considered by a jury, a panel of 3 professional judges or a court of a judge and 2 people's assessors. In this regard, the Federal Assembly was to introduce amendments to the legislation that would ensure that, throughout the territory of the Russian Federation, every person accused of a crime for which the death penalty is established by federal law as an exceptional measure of punishment, the possibility of exercising the right to have his case heard by a court with the participation of jurors. According to the Federal Law of December 18, 2001 No. 177-FZ "On the Enactment of the Code of Criminal Procedure of the Russian Federation" (Article 8), jury trials have been operating since January 1, 2004 in all constituent entities of Russia, with the exception of the Chechen Republic, where they are introduced from January 1, 2010.

The procedure and conditions for the execution (serving) of the death penalty are regulated by the norms of Ch. 23 sect. VII Penal Code of the Russian Federation (Fig. 10).

After the entry into force of a court sentence, a person sentenced to death has the right to apply for pardon in accordance with the procedure established by law. In this case, the execution of the court sentence is suspended until a decision is made by the President of the Russian Federation. In accordance with Decree of the President of the Russian Federation of December 28, 2001 No. 1500 "On Commissions for Pardons in the Territories of the Subjects of the Russian Federation," the convict applies for pardon to the President of the Russian Federation in writing. A petition for pardon is registered by the administration of the institution or body executing the punishment in a special journal for registering petitions for pardon on the day of its submission. After that, the application is sent by the administration of the institution to the territorial body of the Ministry of Justice of Russia in the constituent entity of the Russian Federation no later than 20 days from the date of its submission. The necessary documents are attached to the application for pardon by the administration of the institution. The administration of the institution notifies the convict of sending a petition for pardon to the territorial body of justice against a receipt on a copy of the corresponding cover letter. Refusal to send a petition for pardon is not allowed.

Fig. 10. The procedure for the execution of the death penalty

The territorial body of justice no later than 7 days from the date of receipt of the petition for pardon submits it to the pardon commission in the territory of the constituent entity of the Russian Federation. The Commission, no later than 30 days from the date of receipt of the petition for pardon, submits a conclusion on the advisability of applying the act of pardon in relation to the convicted person to the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation).

The highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), not later than 15 days from the date of receipt of a petition for pardon and the conclusion of the commission, submits to the President of the Russian Federation a proposal on the expediency of applying an act of pardon in relation to the convicted person. The submission of the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) shall be accompanied by a petition for pardon, the conclusion of the commission, as well as the necessary documents.

The decree of the President of the Russian Federation on pardon within 2 days after its issuance is sent to the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation), to the Ministry of Internal Affairs of Russia, the territorial body of justice, the administration of the institution.

The convict shall be notified in writing of the rejection by the President of the Russian Federation of a petition for pardon by the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) or, on his instructions, by the chairman of the commission.

If the convict refuses to file a petition for pardon, the administration of the correctional institution draws up an act in the presence of the prosecutor. The specified act is certified by the prosecutor and sent by him to the Supreme Court of the Russian Federation and the General Prosecutor's Office of the Russian Federation for checking the criminal case and drawing up a conclusion, which is submitted to the President of the Russian Federation. The execution of the sentence in this case is suspended until a decision is made by the President of the Russian Federation.

The basis for the execution of the death penalty is a court verdict that has entered into legal force, as well as the decision of the President of the Russian Federation to reject the petition of the convicted person for pardon or the decision of the President of the Russian Federation not to apply pardon to the convicted person who refused to apply for pardon.

A person sentenced to death must be held in solitary confinement under conditions that ensure his enhanced security and isolation. He has the right: a) to formalize the necessary civil law and marriage and family relations in the manner prescribed by law; b) receive the necessary medical care; c) receive legal assistance and have visits without limitation of their duration and number with lawyers and other persons entitled to provide legal assistance; d) receive and send letters without restriction; e) have one monthly short-term visit with close relatives; f) have a meeting with a clergyman; g) take a daily walk lasting 30 minutes; h) spend monthly on the purchase of food and essentials in the amount established for convicts held in a maximum security prison (60% of the minimum wage).

The administration of the institution in which the death penalty is carried out is obliged to notify the court that passed the sentence, as well as one of the close relatives of the convicted person, about the execution of the punishment. The body is not issued for burial and the place of its burial is not reported.

Topic 18

18.1. The concept and types of release from serving a sentence

Release from serving a criminal sentence is an intersectoral legal institution. It includes the norms of criminal law (Chapter 12 of the Criminal Code of the Russian Federation), which determine the grounds for exemption from criminal punishment, the prescriptions of criminal procedure law (Chapter 47 of the Criminal Procedure Code of the Russian Federation), which regulate the administration of justice when a convicted person is released from punishment, and the norms of criminal executive law (Chapter 21 of the Penal Code of the Russian Federation).

From the standpoint of penal law exemption from serving a criminal sentence - this is a set of legal norms regulating the activities of institutions and bodies executing punishments, according to the personality of the convict and the circumstances that make it possible to stop the execution of the punishment, release such a person from the institution and provide post-penitentiary measures for him (Fig. 11).

The Penal Code of the Russian Federation provides in Art. 172 different types (grounds) of release from punishment. They can be divided into the following groups: after serving the term appointed by the court verdict; early; release due to rehabilitation; exemption due to changes in legislation.

Departure of the term appointed by the court Punishment is the most common form of release. Serving a deprivation of the right to hold certain positions or engage in certain activities, compulsory works, correctional labor, restriction of liberty, arrest, imprisonment for a certain period, as well as serving a restriction in military service and detention in a disciplinary military unit shall be terminated on the last day of the term of punishment, taking into account those changes that may be made to the term of punishment in accordance with the law.

Those sentenced to restriction of freedom, arrest and deprivation of liberty for a certain period are released in the first half of the last day of the sentence. If the term of punishment ends on a day off or a holiday, the convicted person shall be released from serving the sentence on the day before the day off or before the holiday. When calculating the term of punishment in months, it expires on the corresponding day of the last month, and if the given month does not have the corresponding date, on the last day of this month.

Upon release, the convict shall be given out his belongings and valuables, funds stored on his personal account, personal documents and securities, as well as documents on the release of the convict from punishment and documents on his labor activity. The passport of the person released from restriction of liberty, arrest or deprivation of liberty, his work book and pension certificate, kept in the personal file of the convicted person, are handed over to him upon release. In the absence of a passport, work book and pension certificate in the personal file of the convict, as well as in the event that the validity of the passport has expired, the administration of the correctional institution takes measures in advance to obtain them. If it is necessary to obtain a new passport, the costs associated with its issuance are deducted from the funds on the personal account of the convicted person. If the convict does not have funds in his personal account, the costs associated with issuing a new passport are paid by the state.

Fig. 11. Assistance to convicts released from serving their sentences

In some cases, provided by law, it is allowed early release of the convict. This is possible when the goals of punishment are achieved or, due to some newly arisen circumstances, the person has ceased to be socially dangerous.

The law establishes the following types of early release: parole; replacing the punishment with a milder one; in connection with a change in the situation, by virtue of an act of amnesty; in view of pardon; in connection with the state of health; in connection with the postponement of serving a sentence to a pregnant woman or a woman with young children.

More often than other types of early release, parole is used. Grant of parole (Art. 79, 93 CC RF, Art. 175, 176 PEC RF, Art. 397, 398 Code of Criminal Procedure) applied to convicts serving sentences of detention in a disciplinary military unit or deprivation of liberty. For the application of parole, two grounds must be present: material and formal.

The material basis reflects the degree of correction of the convict. The law considers it possible to apply parole if the court recognizes that for his correction a person does not need to fully serve the sentence imposed by the court. The correction of a person is judged primarily by his behavior - compliance with the established procedure for serving a sentence, attitude to work (and a minor - to study), to the administration, to other convicts.

The formal basis means serving a certain part of the term, the amount of which depends on the category (on the severity) of the crime for which the person is serving a sentence.

The convict, to whom parole may be applied, as well as his lawyer (legal representative) have the right to apply to the court for parole from serving the sentence. The petition must contain information indicating that, for further correction, the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence, he partially or fully compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime, repented of the committed act, and may also contain other information testifying to the correction of the convict. The convict submits an application for parole from serving a sentence through the administration of the institution or body executing the sentence.

The administration of the institution or body executing the punishment, no later than 10 days after the submission of the convicted person's application for parole from serving the sentence, sends the said application to the court, together with a reference to the convicted person. The characteristic must contain data on the behavior of the convict, his attitude to study and work while serving his sentence, on the attitude of the convict to the committed act, as well as the conclusion of the administration on the advisability of parole.

If the court refuses to release on parole from serving a sentence or replace the unserved part of the sentence with a milder type of punishment, the re-submission of the relevant petition or presentation to the court may take place no earlier than 6 months from the date of the court decision on the refusal. If the court refuses to release the person sentenced to life imprisonment on parole, the re-applying of the petition may take place no earlier than 3 years from the date of the court decision on the refusal. The court's refusal to release on parole from serving a sentence does not prevent the court from submitting a proposal to replace the unserved part of the sentence with a milder type of punishment.

Control over the behavior of a person released on parole from punishment is entrusted to the penitentiary inspection, and in relation to military personnel - to the command of a military unit or institution. The considered type of release is therefore parole, because certain conditions are imposed on the person upon release, the violation of which may lead to the cancellation of the release and the direction of the person to places of deprivation of liberty to serve the unserved part of the sentence.

Replacement of the unserved part of the punishment with a milder type of punishment (Article 80 of the Criminal Code RF, Art. 175 PEC RF, Art. 397 Code of Criminal Procedure) - one of the types of early release from punishment is the release of the convicted person from the punishment imposed by the court, with the simultaneous appointment of another, milder punishment instead of the unserved part. The institution under consideration is applicable only to persons serving a sentence in the form of restriction of liberty, detention in a disciplinary military unit, or imprisonment. At the same time, a person may be fully or partially released from serving additional punishment. With regard to a positively characterized convict, for whom the unserved part of the punishment may be replaced by a milder type of punishment, the institution or body executing the punishment shall submit to the court a proposal on replacing the unserved part of the punishment with a milder type of punishment. The submission on replacing the unserved part of the sentence with a milder type of punishment must contain data on the behavior of the convict, his attitude to study and work while serving the sentence, and the attitude of the convict to the committed act.

When replacing the unserved part of the punishment, the court may choose any milder type of punishment in accordance with the types of punishments specified in Art. 44 of the Criminal Code of the Russian Federation, within the limits provided for by the Penal Code of the Russian Federation for each type of punishment.

According to the Constitution RF amnesty (Article 84 of the Criminal Code of the Russian Federation, Article 175 of the Penal Code of the Russian Federation) is issued in the form of a resolution of the State Duma of the Federal Assembly of the Russian Federation (Article 103 of the Constitution of the Russian Federation) in relation to an individually indefinite circle of persons. Each act of amnesty indicates the category of persons to whom it applies. The issue of the release of a particular convict is resolved by adopting a special decision (decree) within the time limits specified by the amnesty decree.

Pardon (Article 85 of the Criminal Code RF, Art. 175 PEC RF) is carried out by issuing a decree of the President of the Russian Federation on pardon on the basis of the corresponding petition of the convict. In the Russian Federation, pardon is applied: a) to persons sentenced by courts in the Russian Federation to penalties provided for by criminal law and serving sentences on the territory of the Russian Federation; b) in relation to persons convicted by the courts of a foreign state serving sentences on the territory of the Russian Federation in accordance with international treaties of the Russian Federation. At the same time, pardon, as a rule, is not applied to convicts: a) who committed an intentional crime during the probationary period of probation appointed by the courts; b) maliciously violating the established procedure for serving a sentence; c) previously released from serving a sentence on parole; d) previously released from serving a sentence under an amnesty; e) previously released from serving a sentence by an act of pardon; f) who previously had the punishment imposed by the courts replaced by a more lenient punishment. If the President of the Russian Federation rejects the petition for pardon, re-consideration of the appeal of the convict is allowed no earlier than a year later, with the exception of cases of new circumstances that are essential for the application of the act of pardon.

As a result of a pardon or amnesty, the sentence may be reduced to the convicted person or it may be replaced by a milder type of punishment, and complete release from punishment, removal of a criminal record is also possible. Amnesty, in addition, may exempt the perpetrator from criminal liability or from an additional form of punishment.

Exemption from punishment due to illness (Article 81 of the Criminal Code of the Russian Federation, Article 175 of the Penal Code of the Russian Federation, Article 397 of the Code of Criminal Procedure of the Russian Federation) provides for the release from further serving a sentence of a person who has a mental disorder that precludes sanity, or another serious illness that prevents serving a sentence. When a person is released from punishment due to a mental disorder, compulsory medical measures may be imposed.

Medical examination of those sentenced to deprivation of liberty to recognize them as suffering from diseases is carried out by a special medical commission consisting of the head or deputy head of the medical institution of the penitentiary system (chairman) and at least two doctors (members of the commission).

The commission is guided by Decree of the Government of the Russian Federation of February 2004, 54 No. XNUMX "On the medical examination of convicts who are presented for release from punishment due to illness." The specified resolution establishes the Rules for the medical examination of convicts who are presented for release from serving a sentence due to illness, and the List of diseases that impede the serving of sentences, as well as an interdepartmental normative act adopted by the Ministry of Health and the Ministry of Justice of Russia in its development. Decisions on the presence of diseases in convicts that impede the serving of sentences are taken by commissions after their examination in a hospital, taking into account the results of the treatment and the final diagnosis.

A convicted person who has a mental disorder that prevents the serving of a sentence, or his legal representative, has the right to apply to the court for the release of the convicted person from further serving the sentence. An application for release from further serving a sentence in connection with the onset of a mental disorder is submitted by the convict or his legal representative through the administration of the institution or body executing the sentence. If it is impossible for the convict or his legal representative to apply to the court on his own, a presentation on the release of the convict from further serving the sentence in connection with the onset of a mental disorder is submitted to the court by the head of the institution or body executing the punishment. Simultaneously with the specified petition or presentation, the conclusion of the medical commission and the personal file of the convict shall be sent to the court.

A convict who has fallen ill with another serious illness that prevents the serving of the sentence, has the right to apply to the court with a petition to release him from further serving the sentence. An application for release from further serving a sentence due to a serious illness is submitted by the convict through the administration of the institution or body executing the sentence. Simultaneously with the said petition, the conclusion of the medical commission or institution of medical and social expertise and the personal file of the convict shall be sent to the court.

In cases of recognizing a person sentenced to compulsory labor or corrective labor as a disabled person of group I, and a person sentenced to restriction of freedom as a disabled person of group I or II, they have the right to apply to the court for early release from further serving the sentence.

For convicts in respect of whom the court has denied release from serving a sentence, if their health condition worsens, the materials are re-sent to the court, regardless of the time elapsed from the day the court issued a ruling on the refusal.

The third group of grounds for early release includes the cancellation sentence with termination of the criminal case. Here we are talking about the rehabilitation of the convicted. The right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral damage and restoration of labor, pension, housing and other rights. Convicted - in cases of full or partial cancellation of the judgment of conviction that has entered into legal force and the termination of the criminal case on the grounds provided for in paragraphs 1 and 2 of part 1 of Art. 27 of the Code of Criminal Procedure of the Russian Federation is subject to immediate release. The head of the institution or body executing the punishment explains to this person the provisions of Ch. 18 of the Code of Criminal Procedure of the Russian Federation on the procedure for exercising the right to rehabilitation. The prosecutor, on behalf of the state, officially apologizes to the rehabilitated person for the harm caused to him, which is recorded in the document on the release of the specified convict.

Postponement of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code of the Russian Federation, Articles 177,178 of the Penal Code of the Russian Federation, Article 398 of the Code of Criminal Procedure of the Russian Federation) is that a woman who is pregnant or has a child under the age of 14 can be released from serving a sentence and sent home from the moment when by law, she is granted maternity leave until the child reaches the age of 14. A deferment may be granted regardless of whether the child is with his mother in the orphanage at the colony or with relatives or in an orphanage, whether the child has a father or other relatives who are able to provide care for him.

The institution in question was introduced primarily in the interests of the child. A woman is given the opportunity to give birth to him and bring him up in a family, in the most favorable conditions. Therefore, a deferment cannot be granted to a woman if she is deprived of parental rights to this child, convicted for a term of more than 5 years in prison for a grave or especially grave crime against a person. If we are talking about a woman serving a sentence related to deprivation of liberty or restriction of liberty, i.e. away from home, then the written consent of the relatives to live together with her and the child or the possibility of independent living of a woman with a child (availability of housing and sources of income) is mandatory. The personality and behavior of a woman while serving a sentence are taken into account. The administration of the colony and the court must be sure that the woman will take care of the child and will not commit a new crime.

During the period of deferment, the control over the behavior of the woman, the manifestation of her care for the child is carried out by the penitentiary inspection and the internal affairs bodies. If a woman avoids raising a child or caring for him, or if she violates public order, she is given a warning. If the woman's behavior does not change, and also in the case when she leaves the child in the maternity hospital or transfers to an orphanage, or leaves with relatives, and she leaves, then the penitentiary inspection raises the issue before the court about sending her to serve the sentence.

In the event of pregnancy, a woman sentenced to compulsory labor, correctional labor or restriction of freedom has the right to apply to the court for a deferment of serving her sentence from the date of granting maternity leave.

The third group of grounds for early release includes cancellation of the sentence with the termination of the criminal case. Here we are talking about the rehabilitation of the convicted. Such a person is subject to immediate release with the restoration of all his rights. The head of the institution or body executing the punishment explains to him the procedure for compensation for property and moral damage in the process of rehabilitation, established by the norms of Ch. 18 of the Code of Criminal Procedure of the Russian Federation, as well as the restoration of property, labor, housing and other rights lost during the serving of the sentence. In the release document, the said convict is formally apologized on behalf of the state.

Released must be explained the provisions of Art. 1070 of the Civil Code of the Russian Federation that harm caused to a citizen as a result of unlawful conviction, unlawful criminal prosecution, unlawful use of detention or undertaking not to leave as a preventive measure is compensated at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of the subject of the Russian Federation or the treasury of the municipality in full, regardless of the fault of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law. If we are talking about a person who suffered as a result of political repression, he should be explained the provisions of the Law of the RSFSR of October 18, 1991 No. 1761-1 "On the rehabilitation of victims of political repression."

Exemption from punishment is also possible due to issuance of a criminal law with retrospective effect (part 2, article 10 of the Criminal Code of the Russian Federation, article 397 of the Code of Criminal Procedure of the Russian Federation). A criminal law excluding the punishability of an act or mitigating criminal liability has retroactive effect. Therefore, if any corpus delicti is excluded from the Criminal Code of the Russian Federation with the decriminalization of the act, all persons convicted under the relevant article are subject to release by court order. When considering such cases, the court should not question the correctness of the previous verdict. He proceeds from its validity, although in case of a clear violation of the law, he can send a submission on the annulment of the sentence by way of supervision.

Release from punishment of persons serving it, reduction of the appointed term and other improvement of their situation is carried out solely by the judge in the manner prescribed by Art. 398 and 399 of the Code of Criminal Procedure of the Russian Federation.

18.2. Monitoring the behavior of probationers

Control over the behavior of probationers is regulated by the norms of Ch. 24 of the Penal Code of the Russian Federation. It is carried out during the probationary period by the penitentiary inspections at the place of residence of probationers, and in relation to conditionally convicted servicemen - by the command of their military units. In the manner prescribed by the legislation of the Russian Federation and regulatory legal acts, employees of the relevant services of the internal affairs bodies are involved in monitoring the behavior of conditionally convicted persons. These may be district police officers, employees of departments for juvenile affairs, etc.

The probationary period is calculated from the moment the court verdict enters into legal force. Upon the expiration of the probationary period, control over the behavior of a conditionally convicted person is terminated, and he is removed from the register of the penitentiary inspection.

The penitentiary inspectorates carry out a personal record of probationers during the probationary period, control, with the participation of employees of the relevant services of the internal affairs bodies, the observance of public order by probationers and the fulfillment of their duties by the court. When appointing a probationer, as an additional punishment, deprivation of the right to hold certain positions or engage in certain activities, the penitentiary inspection fully implements the measures provided for in Art. 33 - 38 of the Penal Code of the Russian Federation (for details, see 8.2).

If a conditionally convicted person is called up for military service, a copy of the court verdict is sent to the military commissariat, and, if necessary, other documents required to monitor the behavior of the conditionally convicted person at the place of service. The command of the military unit is obliged to report within 10 days to the penitentiary inspectorate on the registration of the conditionally convicted person, and at the end of the service - on his departure from the military unit.

Conditionally convicted persons are obliged to report to the penitentiary inspections and the command of military units about their behavior, to fulfill the duties assigned to them by the court, and to appear when summoned to the penitentiary inspection. If a conditionally convicted person fails to appear without a valid reason, he may be brought in. If the conditionally convicted person fails to comply with the specified requirements, as well as in the presence of other circumstances indicating the expediency of imposing other duties on the conditionally convicted person, the head of the penitentiary inspection or the command of the military unit makes an appropriate presentation to the court.

If a conditionally convicted person evades control over his behavior, the penitentiary inspectorate takes initial measures to establish his location and the reasons for the evasion.

If a conditionally convicted person evades the fulfillment of the duties assigned to him by the court or if he violates public order for which an administrative penalty has been imposed, the penitentiary inspection or the command of the military unit warns him in writing about the possibility of canceling the conditional sentence.

If there are sufficient grounds, the penitentiary inspectorate or the command of the military unit sends a submission to the court to extend the probationary period.

In the event of a systematic or malicious non-performance by a conditionally convicted person during the probationary period of the duties assigned to him by the court, or if the conditionally convicted person has fled from control, the head of the penitentiary inspection or the command of the military unit sends a submission to the court on the abolition of the conditional conviction and the execution of the punishment imposed by the court verdict.

Systematic non-fulfillment of duties is the commission of prohibited or non-fulfillment of actions prescribed by a conditionally convicted person more than 2 times during the year or prolonged (more than 30 days) non-fulfillment of duties assigned to him by the court. A conditionally convicted person whose location has not been established for more than 30 days is recognized as hiding from control.

Topic 19. INTERNATIONAL COOPERATION IN THE FIELD OF CRIMINAL PENALTY ENFORCEMENT

International cooperation in the field of execution of criminal penalties and the treatment of convicts is a specific activity of states and other participants in international communication in the field of crime prevention, combating it and treating offenders.

Goal this activity - on the basis of combining efforts, with the help of the collective mind, to develop a unified concept of combating crime through more effective execution of criminal penalties. Cooperation in this area is carried out according to the following directions: scientific and informational (exchange of national scientific and practical experience, discussion of problems and joint research); provision of vocational assistance; contractual and legal coordination of the treatment of offenders on the basis of international agreements.

This activity is organized in the following forms: within the framework of international bodies and organizations (committees and commissions of the UN and the Council of Europe, the UN International Congress on the Prevention of Crime and the Treatment of Offenders, the Committee on Crime Problems of the Council of Europe (CDPS) and the European Committee for Cooperation in the Field of Prison Problems (PC-R -CP); based on multilateral and bilateral agreements.

A special impact on the development of national penitentiary law, legislation and practice of the execution of criminal penalties is exerted by international legal acts that our state has signed and ratified. Mandatory norms of international legal acts that define the natural rights of a person cannot be violated during the execution of criminal penalties. Such "absolute" rights include the right to life, liberty and security of the person, the prohibition of torture, the right to freedom of thought, conscience and religion, etc. These rights are enshrined in the Universal Declaration of Human Rights (1948), in the International Covenant on Civil and Political Rights (1966), International Covenant on Economic, Social and Cultural Rights (1966), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), European Convention on the Protection of Human Rights rights and fundamental freedoms (1950), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), etc.

The right to life is enshrined in Art. 3 of the Universal Declaration of Human Rights, Art. 6 of the International Covenant on Civil and Political Rights, Art. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and is inalienable, all other rights and freedoms of a person, including a convicted person, are derived from the right to life. The main principles of this international norm are to protect a person from any intentional deprivation of life by the state, as well as the duty of the state to ensure the adoption and application of laws providing for severe punishment for crimes against life, the implementation of effective preventive and protective measures in the event of a danger to human life. . As a general rule, the right to life implies that the state must take all measures to ensure that human life, even in the conditions of serving a criminal sentence, remains out of danger. The provisions of the Constitution of the Russian Federation (Part 1, Article 20), criminal and penal legislation are aimed at implementing these principles. Yes, Art. 13 of the Criminal Code of the Russian Federation enshrines the right of convicts to personal security, according to which, in the event of a threat to the life of the convict, the administration of the institution executing sentences in the form of arrest, restriction of liberty or deprivation of liberty is obliged to immediately transfer the convict to a safe place or take other measures to eliminate the threat the personal safety of the convicted person. It does not matter who the threat comes from - from other convicts, staff, etc.

However, the Convention for the Protection of Human Rights and Fundamental Freedoms allows for exceptions to the general rule. First of all, this concerns the death penalty, legally imposed by a court verdict for a crime. But this provision, in connection with the entry into force of Protocol No. 6 on the death penalty to the Convention and its ratification by the majority of European states, is in fact not valid. Russia has currently signed this document, but has not ratified it, so the possibility of applying the death penalty after the introduction of jury trials throughout the Russian Federation remains. In addition, Part 2 of Art. 2 of the Convention defines the situations in which the deprivation of life is permitted (to protect any person from unlawful violence, to effect a lawful arrest or escape, to suppress a riot or rebellion) and the conditions that must be observed in this case. Chief among these are the absolute necessity and proportionality of the use of force to achieve legitimate aims in the situations indicated. These provisions fully apply both to cases of lawful necessary defense of convicts, and to the actions of state bodies to overcome emergency situations in institutions of the penitentiary system.

The right to be free from torture and inhuman or degrading treatment is one of the most fundamental human rights, as it is linked to the personal integrity and human dignity of the individual. The prohibition of torture is fixed in Art. 5 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Civil and Political Rights, art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The latter norm belongs to the category of inviolable provisions of the Convention. In part 2 of Art. 15 of the Convention, which allows states to derogate from their obligations under the Convention in case of emergency, states that under no circumstances can a state derogate from its obligations under Art. 3. The rights protected in the listed norms are also protected by two other international acts - the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987) and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1989).

The main area of ​​application of these articles are places of pre-trial detention, as well as institutions and bodies executing criminal penalties related to the isolation of the convict from society. In Art. 10 of the International Covenant on Civil and Political Rights emphasizes that all persons deprived of their liberty have the right to be treated with humanity and respect for the inherent dignity of the human person. This is due to the fact that a suspected, accused or convicted person is less protected than other citizens from the arbitrariness of the state in the person of law enforcement officers and is more likely to become an object of torture, cruel, inhuman or degrading treatment. Therefore, domestic legislation contains reliable guarantees of individual rights in this area. The Constitution of the Russian Federation in Part 2 of Art. 21 defines: "No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment." This constitutional provision has been developed in the principles of humanism of criminal and penitentiary legislation (Article 7 of the Criminal Code of the Russian Federation, Article 8 of the Penal Code of the Russian Federation), as well as in Part 2 of Art. 12 of the Penal Code of the Russian Federation, where convicts are guaranteed polite treatment by the staff and non-use of cruel and degrading treatment.

The right of a person to recognition of his legal personality is established in the Universal Declaration of Human Rights (Article 6), in the International Covenant on Civil and Political Rights (Article 16) and means that "every person, wherever he is, has the right to recognition of his legal personality". Important properties of legal personality are its recognition and guarantee by the state, i.e. the ability of a person to have subjective rights and legal obligations, as well as the ability to independently exercise them, provided by the relevant state bodies. Of particular importance is the provision of the law in question in the sphere of execution of criminal penalties, where only in the post-Soviet years, persons serving sentences, at the legislative level and in law enforcement practice, really began to be recognized as subjects of law. Today, convicts, being citizens of the state, have the rights and freedoms of a person and a citizen, which, in accordance with Art. 2 of the Constitution of the Russian Federation are of the highest value. In part 2 of Art. 10 of the Penal Code of the Russian Federation determines that in the execution of punishment, the convicted are guaranteed the rights and freedoms of citizens of the Russian Federation with the restrictions established by the criminal, penitentiary and other legislation of the Russian Federation. Convicted persons cannot be released from their civic duties, except in cases provided for by federal law.

The right to freedom of thought, conscience and religion, according to Art. 18 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, is, in particular, the freedom to profess any religion or not to profess any, to perform or not to perform religious rites. The Constitution of the Russian Federation formed the basis for the legal regulation of relations related to the exercise by convicts of freedom of thought, conscience and religion. Article 28 of the Constitution of the Russian Federation guarantees this right to all citizens, including those serving criminal sentences. The provisions of Art. 14 of the Penal Code of the Russian Federation, which regulates the exercise of the right to freedom of conscience and freedom of religion by those sentenced to imprisonment, restriction of liberty, arrest and death penalty. For convicts serving sentences not related to isolation from society, there are no peculiarities in the exercise of this right of a citizen.

In the field of execution of criminal penalties, there are a number of international legal acts that contain norms that, although they are advisory in nature, are subject to maximum consideration in the development of national legislative acts. Such specialized international standards for the treatment of prisoners are contained in the Standard Minimum Rules for the Treatment of Prisoners (1955), the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules 1990), the United Nations Standard Minimum Rules for the Administration of Justice against minors (Beijing Rules 1985), in the Code of Conduct for Law Enforcement Officials (1979), in the European Prison Rules (2006). These acts contain a direct indication that they are applied taking into account the political, socio-economic, cultural conditions of each country, as well as the goals and objectives of its criminal justice system. The implementation of the norms-recommendations is carried out by bringing the national legislation in line with the requirements contained in these documents as the necessary conditions are created.

In connection with the further integration of Russia into the European community, the standards for the treatment of prisoners sentenced to deprivation of liberty, set out in the new European Prison Rules (hereinafter referred to as the Rules), approved in January 2006 by the Committee of Ministers of the Council of Europe (Recommendation No. R (2006) 2 ). These Rules apply to all persons held in custody by a court decision, as well as those sentenced to deprivation of liberty.

The new Rules give priority to nine main principles that underlie the interpretation and application of the Rules as a whole. These include:

1) observance of human rights in the execution of deprivation of liberty;

2) prevention of additional extrajudicial restriction of the rights of convicts while serving deprivation of liberty;

3) minimal restrictions on the rights of convicts, their validity;

4) violation of the rights of convicts cannot be justified by a lack of resources;

5) detention in places of deprivation of liberty should be as close as possible to the positive aspects of life in society;

6) the execution of deprivation of liberty must contribute to the return of the convict to a normal life in society;

7) active cooperation with social services and civil society institutions;

8) the professionalism of the personnel of penitentiary institutions, which makes it possible to ensure high standards of treatment of convicts;

9) regular state and public control over the activities of penitentiary institutions.

These provisions embody the ideas of the priority of human rights, humanism, social orientation and the effectiveness of the execution of deprivation of liberty, which are predetermining for the clear and effective functioning of modern penitentiary systems.

The principles set forth in part I of the Rules are reflected in the remaining sections of this document. So, part II "Conditions of detention" reveals the issues of reception and registration of convicts, their distribution, movement and classification, determines the standards of material and everyday services for convicts (requirements for premises in places of deprivation of liberty, provision of convicts with personal hygiene items, clothing and bedding, catering for convicts, the procedure for storing their belongings), establishes regime requirements, principles for involving convicts in work and education, organizing their leisure time, as well as views on the provision of legal assistance to convicts, the possibility of providing information and filing complaints, communication of convicts with the outside world, their religious and moral support.

In particular, the Rules state that no one can be admitted to a penitentiary without the necessary documents that have entered into force (14). If possible, convicts should be sent to serve their sentences in penitentiaries located close to their place of permanent residence (17.1). Accommodation of convicts, especially in sleeping quarters, should not degrade human dignity and, if possible, ensure the convict's privacy. Premises in which convicts are kept must meet the requirements of sanitation and hygiene, taking into account climatic conditions, especially with regard to air volume, living space, lighting, heating and ventilation (18.1). The rules do not contain specific standards, however, the European Committee for the Prevention of Torture and Inhuman Treatment (CPT) has determined the minimum requirements for living space: 4 m2 in common living quarters and 6 m2 in a prison cell per convict. These requirements, as the necessary conditions are created, should be reflected in national legislation.

Part III of the Rules defines the basic requirements for the organization of medical care for convicts sentenced to deprivation of liberty. It establishes the general principles and procedure for providing medical care to convicts, the duties of medical personnel, and the specifics of medical care for certain categories of convicts requiring specialized treatment. The main requirement is that the administration of penitentiaries should be responsible for protecting the health of all prisoners (39). The policy of health care in such institutions is an integral part of the national health policy and is consistent with it (40.2).

Part IV of the Rules "Maintaining law and order" regulates the issues of security, regime and security in penitentiary institutions. Rule 49 emphasizes that order in penitentiaries is maintained by observing the requirements of regime, security and discipline, while at the same time providing convicts with conditions of detention that ensure their human dignity. Prisons should have procedures in place to ensure the safety of prisoners, staff and all visitors, and to minimize the risk of violence and other incidents that threaten their safety (52.2). Personnel shall not resort to the use of force against convicts except in cases of necessary self-defense, the suppression of escape attempts, or in active or passive physical resistance to the lawful demands of personnel. Employees who use force must limit its use to absolute necessity (64).

Part V establishes the rules governing the activities of the staff of penitentiary institutions. Rule 71 states that penitentiaries cannot be subordinated to the military, the police or the criminal investigation department. Specialized personnel usually consist of professional civil servants who are guaranteed employment on condition of conscientious performance, efficiency, physical fitness, mental health and an appropriate level of education (78). Particular attention is drawn to the honesty, humanity, professionalism of the employee. Wages must be high enough to allow the recruitment and retention of appropriately qualified personnel (79.1). All staff members must, under all circumstances, conduct themselves and perform their duties in a manner that will serve as an example and be a beneficial influence on prisoners, commanding their respect (75). To the extent possible, the staff includes a sufficient number of professionals such as psychiatrists, psychologists, social workers, teachers and instructors in vocational training, physical education and sports (89.1).

Part VI of the Rules determines the procedure for organizing control over the work of penitentiary institutions. According to Rule 92, penitentiaries are regularly inspected by one of the state authorities for compliance with the requirements of national legislation and international law, as well as the European Prison Rules. In addition, the conditions of detention and treatment of convicts must be monitored by independent bodies, the results of such monitoring must be made public (93).

The final sections of the Rules reveal the peculiarities of the legal status and conditions of detention in penitentiary institutions of those detained suspected and accused of committing a crime (Part VII) and actually sentenced to imprisonment (Part VIII). With regard to the latter, the main thing is the creation of such conditions for serving deprivation of liberty for convicts that would encourage them to lead a law-abiding lifestyle without committing new crimes (102). To this end, it is recommended, upon arrival at the penitentiary institution, to draw up an individual program for serving the sentence for each convict and develop a strategy for preparing the convict for release. These programs should include as far as possible: a) labor; b) education; c) other activities; e) preparation for release. In the process of serving a sentence, the execution of programs should be monitored and, if necessary, they should be adjusted.

In the Rules, much attention is paid to resocialization - the return of convicts to a normal life in society after release. Thus, all prisoners should be able to take advantage of measures designed to help them reintegrate into society, rebuild their family life and find employment upon release. To this end, appropriate procedures are developed and special programs are organized to ensure the transition from life in a penitentiary institution to a law-abiding life at large (107.2). The administration of the penitentiary institution should cooperate closely with the social services in this matter. Representatives of social services should be able to visit places of deprivation of liberty and provide assistance to convicts in order to prepare them for release and subsequent social rehabilitation.

Thus, the new European Prison Rules are yet another confirmation of the commitment of the Council of Europe to traditional values ​​based on humanity, as well as the positive role of prison services, whose activities, to the extent possible, aim at returning convicts to a law-abiding life in society. The rules provide the necessary basis for international cooperation for this, standards for the operation of penitentiary institutions, determine their prospects and are an incentive for further progress in this area in Europe.

Thus, in connection with the democratization of society, the gradual integration into the world community, Russia's accession to the Council of Europe, international cooperation in the field of criminal penalties is becoming increasingly important. The purpose of this activity is to form a unified concept of combating crime through more effective execution of criminal penalties based on the combined efforts and practical experience of various countries. Of decisive importance for cooperation in this area is the system of international legal acts on human rights and the treatment of convicts. They have an effective influence on the development of the system of execution of criminal penalties, defining the principles and directions for the formation of the entire legal system of the new Russia and the vectors for the development of penitentiary legislation and the practice of its application.

REFERENCES

1. Protection of human rights in places of deprivation of liberty: a collection of regulations and official documents. - M.: Jurisprudence, 2003.

2. Penitentiary law of Russia: textbook / ed. A. S. Mikhlin. - M.: Higher education, 2008.

3. Penal law of Russia: textbook / ed. B. I. Seliverstova. - M.: Jurist, 2007.

Notes

1. The term "penitentiary" in its etymological origin means: poena (lat. - punishment), poenitentiarius (cf. lat.) - repentance, penitent, corrective.

Author: Zubarev S.M.

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