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Lecture notes, cheat sheets
Criminal executive law. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. THE CONCEPT OF CRIMINAL POLICY Policy - this is a superstructural category, the content of which is determined by the economic basis. The place that a policy occupies determines its relation to other elements of the superstructure, in particular to law. Law is a means of expressing and enshrining politics. Politics and law are dialectically connected, therefore law also has an impact on politics, which is expressed through the implementation of norms that enshrine the principles of politics. Politics influences the creation and development of the legal system, various branches of legislation, and legal forms. Policy defines the principles strategy, main directions and ways to achieve the social goals that society sets for itself. Russia's policy is aimed at building a state of law and creating conditions that ensure a decent life and free development of a person. An important place in social policy is occupied by the policy in the field of combating crime. Law enforcement policy state determines the goals, principles, strategy, main directions, forms and methods of state control over crime. It aimed at protecting the rights and legitimate interests citizens from crime. Article 2 of the Constitution of the Russian Federation regulates that human rights are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state. The content of state policy in the field of combating crime determines the activities of the state, its authorities and administrations for the prevention of crimes and other offenses, the prevention of their commission, the timely suppression, the implementation of the responsibility of persons who have committed a crime, the execution of punishment in relation to convicts and the achievement of its goals. Criminal policy defines measures of criminal-legal impact on crime. State policy carries out its functions in the field of execution of punishment, has a narrower content than criminal policy. Penitentiary policy defines: - goals; - principles; - strategy; - the direction of the state; - the main forms and methods of execution of punishment. Penitentiary policy also has an impact on criminal policy and state policy on the prevention and prevention of crime. Penitentiary policy of Russia is based on the relevant provisions developed by the international community, international acts on the treatment of convicts. Problems of punishment execution and correction of convicts considered by criminal, penal law, correctional pedagogy, correctional psychology. The main form of implementation of the penitentiary policy is penal legislation. The penitentiary policy is currently enshrined in the Penitentiary Code, in other laws and by-laws related to the execution and serving of sentences. In this way, penal policy is not a special policy, divorced from the general political line of the Russian state, is part of a single policy of the state, directly arising from the criminal policy. 2. PRINCIPLES OF THE CRIMINAL EXECUTIVE POLICY, INCLUDED IN THE LEGISLATION Principles of penitentiary policy - these are general guidelines arising from the requirements of state policy, penetrating the entire content of the activities of the relevant bodies in the execution of criminal penalties. The principles of the penitentiary policy are enshrined in the rule of law. There are three groups of principles: - general legal. - intersectoral. - branch. general legal principles 1. The principle of legality. The basis of the purpose of this principle is the steady observance and exact implementation of laws and by-laws by all bodies, institutions and officials executing punishment. The facts of lawlessness in places of deprivation of liberty are of increased public danger, since they contribute to the growth of recidivism. 2. The principle of humanism. First of all, it is expressed in the fact that society does not reject the criminal as its member, but seeks to correct him. Humanism is manifested in a fair attitude towards convicts, respect for their honor and dignity. The execution of punishments is not intended to cause physical suffering or to humiliate the dignity of a person. Intersectoral principles The principle of differentiation in the execution of punishments. The principle of differentiation reflects the need to distribute the entire mass of convicts into homogeneous categories according to the types of correctional institutions. There are special colonies for foreigners and stateless persons, by sex (male and female), by age, i.e. colonies for minors. According to the severity of the crime committed - strict regime colonies. According to the committed recidivism of the crime - special regime colonies. There are colonies for law enforcement officers. Differentiation causes the establishment by law for each category of convicts of its own complex of restrictions. The principle of individualization The principle of individualization is expressed in the requirement of a strict individual approach to each convict, i.e., in the choice of measures of influence that are necessary for this particular convict. Individualization of punishment at the stage of its execution means: At first, change in the amount of punishment depending on the behavior of the convict, Secondly, change in the content of the correction. In other words, the individualization of punishment at the stage of its execution results in the individualization of the punitive-educational influence as a whole. industry principles The principle of the rational application of coercive measures, means of correction and stimulation of their lawful behavior states that punishment should not only punish, but also correct, educate the convict. Correction of convicts, being the goal of criminal punishment (Part 2, Article 43 of the Criminal Code of the Russian Federation), is achieved by applying to convicts the main means of correction in the execution of punishment. Means of correction of 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 convict. Thus, the implementation of the principles requires the fulfillment of the main task. The main task of social influence, as well as other means of correction, is to increase the efficiency of the administration of correctional institutions, aimed at achieving the goals of criminal punishment. 3. THE CONCEPT OF CRIMINAL AND EXECUTIVE LAW The main form of expression and consolidation of penal policy is penal law. To give the concept of penal law means to define its tasks, functions, subject and method of regulation, which, in turn, requires disclosure of the penal legal relationship, the norms and system of penal legislation. Initially, it was believed that corrective labor law is a specific sub-branch of criminal law. With the development of corrective labor legislation, it was found out that penitentiary law is a complex branch of law. Accordingly, there is a gradual tendency towards the allocation of corrective labor law into an independent branch. Penitentiary law is one of the leading branches of Russian law, aimed at implementing the norms of substantive law. It differs significantly from other, including related, branches of law, having its own specific tasks, its own subject and its own method of regulation. At the same time, penitentiary law is part of the general system of Russian law, and it has the main parts and principles inherent in the law of the Russian Federation at the present stage as a whole. Penal Law - this is a branch of Russian law, which is a set of legal norms established by the highest bodies of state power, determining measures for the implementation of the norms of criminal law, based on the purpose of punishment and the system of punishments. The independence of the Russian penitentiary law as a branch of law is determined by a number of its specific features. First, the only criminal law is the legislative basis for determining the measure and punishability of acts, the grounds for criminal liability, the application of penalties and exemption from liability and penalties. No other branch of law has this characteristic. Second, the criminal law has its own subject of regulation. They are only those relationships that arise in connection with the commission of a crime. No other branch of law can regulate these relations. Third, criminal law is characterized by a special method of regulating these social relations. It consists in establishing the execution of punishment for the committed criminal unlawful act. Penal Law consists of General and Special parts. Content general part constitute general provisions and principles of criminal law. All institutions of the General Part are tied to two fundamental concepts - crime and punishment. The law defines the objectives of criminal legislation and its principles; basis of criminal liability; the age at which criminal liability begins; where the person is placed to serve his sentence. special part criminal law contains a description of the conditions for serving a sentence. The general and special parts of criminal law are closely related to each other, they constitute, on the whole, a single penitentiary law. This unity is primarily due to the commonality of tasks. The norms of the General and Special parts in real life exist only together. 4. GOALS AND OBJECTIVES OF CRIMINAL-EXECUTIVE LAW Penal Law aims to ensure the execution of criminal punishment, so that it is not only a punishment for a crime, but also corrects convicts in the spirit of an honest attitude to work, precise implementation of laws and respect for the rules of the hostel, and prevents the commission of crimes by both convicts and other persons. Under punishment refers to certain activities of the relevant state body, designed to ensure that the convict serves the sentence imposed on him by the court. In the general system of measures to combat crime, penal law fulfills its main goal - the correction of convicts. Correction - this is the formation in convicts of a respectful attitude towards man, society, work, norms, rules and traditions of human society and the stimulation of law-abiding behavior. Achieving this goal means achieving the goal of private prevention, preventing crimes by convicts and indirectly affects the achievement of the goal of general prevention - general prevention. Previously, before the execution of punishment, the goal was to correct and re-educate the convicts. Correction and re-education have different semantic meanings in moral and legal aspects. In the moral aspect, correction means a change for the better of individual views, individual aspects of a person, when, as a whole, the personality does not need a radical restructuring. Re-education - this is a reworking of a person's consciousness in the process of overcoming his fundamentally wrong views and ideas. In the legal aspect, correction is such a change in the personality of a criminal that turns him into a safe and harmless person for society. To correct means to achieve a position where a person no longer commits crimes. Reeducation is the correction of the criminal plus the education of him as a conscious member of society. The purpose of private prevention is to prevent convicts from committing new crimes both during the period of punishment and after it has been served. The execution of punishment also aims to prevent the commission of a crime by other persons, i.e., it realizes the goal of general prevention. Thus, the objectives of the penitentiary law, as it were, follow one from the other, being links in one chain. The task of one link follows from the task of the previous one, it also serves as a means of a new task in the next link. The purpose of criminal executive law in the strict sense of the word is to ensure the execution of punishment. This means creating conditions under which punishment would fulfill its main goal - the correction of convicts. At the same time, the correction of convicts is a means of achieving the goal of preventing them from committing new crimes, that is, the goal of private prevention. Strict and precise execution of punishment is necessary to achieve the goal of preventing crime by other persons - the goal of general prevention. Thus, the achievement of all these goals is aimed at meeting the goal set for all law enforcement agencies - to contribute to the reduction of crime. 5. METHODS AND FUNCTIONS OF CRIMINAL-EXECUTIVE LAW Law function is an activity aimed at regulating social relations. The functions of law are: 1) the function of organizing public relations; 2) the function of protecting public relations. The following can be distinguished methods of penal law: - permission; - prescription; - ban. All three methods of legal regulation can be found in various branches of law, but in some branches permission is decisive, in others - prescription, in others - prohibition. Methods also include: - imperative - this is a method according to the method of legal regulation; - prohibiting - this is a method according to the method of influencing people's behavior; - punitive - this is a method according to the nature of the impact; - sanctions method is a method according to the method of implementation; - by nature of connections between participants in legal relations - the method of power and subordination. The main method of penal law is imperative. Methods of influence are not limited to the application of punishment for violation of the norms of the penal legislation, but nevertheless, the punitive method serves as the main method by which the state enforces compliance with these norms. The above methods of legal regulation in each branch of law may have additional characteristics, act as specific methods, representing the specification of intersectoral methods. Thus, protective criminal law relations are regulated by the following methods: application of sanctions of criminal law (criminal punishment); exemption from criminal liability and punishment (including the application of coercive educational measures to minors who have committed a crime); the application of coercive medical measures to persons in a state of insanity who committed socially dangerous acts prohibited by criminal law, and to persons who, after committing a crime, developed a mental disorder. Social relations arising from a criminal law prohibition are regulated by establishing this prohibition. Its specificity lies in the fact that it prohibits the most socially dangerous acts, as well as in the severity of the legal consequences that occur for a person who has violated a criminal law prohibition (failure to comply with it is associated, as noted, with the threat of using the strictest type of state coercion - criminal punishment). The punitive method singled out by the penitentiary law, by its nature, affects persons who have been sentenced to the actual serving of a sentence for committing a socially dangerous act, which accordingly prevents socially dangerous consequences. Penitentiary law also implements the sanctions prescribed by the sentence. Analysis of the subject and method of criminal law allows us to formulate the concept of criminal law as a branch of law. Penitentiary law is a branch of law that combines legal norms that establish the legal status of convicts, institutions and organizations that control the activities of these institutions. Penitentiary law regulates the system of serving sentences in the form of deprivation of liberty. 6. CRIMINAL AND EXECUTIVE LEGAL RELATIONSHIPS Penitentiary legal relations of penitentiary law have the following elements: 1) subjects of legal relations; 2) object of legal relations; 3) content of legal relations. Subjects of criminal-executive legal relations - These are individuals or legal entities that have certain rights and obligations that are regulated by the rule of law. The subjects of penitentiary legal relations primarily include institutions and bodies that execute punishments (Article 16 of the PEC). Each institution or body is entrusted with the execution of a certain type of punishment. The subjects of criminal-executive legal relations can be prosecutors who supervise the observance of laws by the administration of institutions and bodies that implement punishment. Object of criminal-executive legal relations Social relations cannot fail to develop if there is no social value, a necessity that connects people with each other, so there is no need to enter into empty non-objective relations. Summarizing the above, it should be noted that the object of legal relations, including penitentiary ones, is that social value, about which social relations are formed. The content of penitentiary legal relations - this is a set of rights and obligations of subjects established by the norms of penal law, and the corresponding behavior of the subjects of these legal relations. When analyzing social relations, it should be borne in mind that the subjective rights of one side correspond to the legal duties of the other, there are no rights without duties, and there are no duties without rights. In penitentiary legal relations, the rights of state bodies in the field of organizing the corrective labor process correspond to the duties of convicts arising from the procedure for serving their sentence. Subjective rights of subjects of legal relations The subjective right is the type and measure of the permitted behavior of the subject and the possibility based on the rules of law on his part to demand certain actions from others or refrain from certain actions. The behavior of convicts must comply with the internal regulations of correctional institutions, which apply measures of influence, encouragement and punishment in order to ensure the appropriate behavior of convicts. The administration of correctional institutions, in order to ensure the regime in places of deprivation of liberty, has the right to subject convicts to searches, to apply penalties, warnings, up to placement in a punishment cell and transfer to a cell-type room. Legal obligations of subjects of criminal-executive legal relations A legal duty is a type and measure of a person's official behavior corresponding to the subjective right of another person. In general, the legal obligation of the bodies executing the punishment is the organization of the execution of the punishment. Thus, the actual content of the criminal-executive legal relationship is the actual activity of the subjects of these legal relations: on the one hand, the activity of state bodies in executing punishment, and on the other hand, the behavior of convicts during the period of serving their sentence, determined by their rights and responsibilities. 7. NORMS OF CRIMINAL AND EXECUTIVE LAW Regulation of legal relations is carried out by the rules of law. In turn, the regulation of penitentiary legal relations is carried out with the help of the norms of penitentiary law. Being regulator of public relations, formed as a result of the execution of criminal penalties, the norms of penal law establish the procedure and conditions for these penalties and thereby regulate the process of corrective action. In fact, the norms of penitentiary law regulate the behavior of subjects of penitentiary legal relations. But it should be noted that their behavior is determined not only by the norms of criminal law. Thus, the management of correctional institutions is regulated by the norms of administrative law, contractual relations - by the norms of civil law, the relations that develop when a convicted person commits a new crime are determined by the norms of criminal and criminal procedural law. Regulation of the behavior of subjects is carried out by establishing their rights and obligations. The norms of penitentiary law, firstly, establish restrictions on the use of general rights of citizens, and secondly, provide for specific rights and obligations of convicts. For example, in Art. 120 of the Penal Code of the Russian Federation, the hypothesis of the norm, according to which the convict can be transferred to lighter conditions of detention, will be the words: "In the absence of penalties for violations of a certain procedure for serving a sentence and a conscientious attitude to work, after serving at least six months of the sentence under normal conditions" . As a rule, the norms of penal law consist of a disposition. As a rule, dispositions are taken out of normative acts, for example, in an appendix to normative acts. Sanctions of the penitentiary norm can be disciplinary in nature or be realized in material liability. It may consist in changing the conditions of detention of the convicted person, for example, in the form of transferring the convicted person from a colony-settlement to a correctional colony, or from a correctional colony to prison. The sanction determines the consequences of violation of the rules of conduct of the convict established by the norm. At the same time, the sanction of the norm of penitentiary law, unlike the norm of criminal law, may be in one article (Article 115 of the Penal Code), but applied for violation of the rules of conduct established in other articles of the Penitentiary Code. Although the norms of penal law have a structure consisting of three parts, however, not all of them have a hypothesis, a disposition, and a sanction. Often they are located in different articles of the law. Moreover, there may be norms that do not have any of the three elements. These are norms that formulate general provisions, tasks of penal legislation. The division into types of penitentiary norms is developed for several reasons, for example, for social purposes: regulated, law enforcement, special. Thus, this classification is of fundamental importance for legal relations that are regulated by the rule of law. 8. SYSTEM OF CRIMINAL AND EXECUTIVE LAW Under legal system refers to a list of normative acts ordered in a certain way. The system of penal legislation is formed by a set of legal norms that determine the execution of a criminal punishment imposed by a court. System of penal legislation - it is, first of all, an ordered set, the individual parts of which occupy strictly defined places within this system and are in a certain dependence on the legal force of a particular normative act. The Constitution of the Russian Federation - the basis and source of penal legislation. According to the Constitution of the Russian Federation, penal legislation is under the jurisdiction of the Russian Federation. This provision means that the adoption of laws regulating the execution of sentences is within the federal competence of the Russian Federation. The main legislative act in the field of execution of criminal penalties is the Penitentiary Code, adopted by the State Duma on December 18, 1996, approved by the Federation Council on December 25, 1996, and entered into force on July 1, 1997. The Penitentiary Code consists of General and Special Parts (eight sections). The general part contains the main provisions of the penitentiary legislation, considers the legal status of convicts and indicates which institutions and bodies execute punishments and who exercises control over their activities. This is the subject of the first section of the Code. The special part consists of seven sections, which deal with the following issues: types of execution of sentences related to deprivation of liberty. The second main legislative act in the field of execution of criminal penalties is the Law of the Russian Federation of July 21, 1993 "On institutions and bodies executing criminal punishment in the form of deprivation of liberty." It examines in detail the organization and procedure for the activities of institutions and bodies executing this type of punishment, as well as the basic rights and obligations of employees of the penitentiary system. There are other laws in the field of execution of criminal penalties. The Government of the Russian Federation and individual ministries (internal affairs, justice) may also issue other normative acts that are not included in the system of penitentiary legislation, but also subject to execution if adopted on the basis of and in pursuance of the current penitentiary legislation. Thus, on June 16, 1997, the Regulations on Penitentiary Inspections were adopted. It defines the tasks of these bodies for the execution of punishments not related to isolation from society, their main duties and rights. On June 4, 1997, the Regulations on the disciplinary military unit were adopted. It defines the tasks and functions of these military units. Thus, penitentiary law as an independent branch of law is a system of legal norms established by state authorities that regulate social relations arising in the process of execution of criminal penalties. 9. HISTORY OF THE DEVELOPMENT OF CRIMINAL-EXECUTIVE LEGISLATION Branch of legislation is a set of laws that regulate social relations related to the subject of its regulation. Accordingly, the under penal law understand the system of laws governing the whole range of social relations that arise in connection with and in the process of serving a sentence and applying corrective measures to convicts. Initially, it was considered that penitentiary law is a specific part, a sub-branch of criminal law. With the development of corrective labor legislation, the inclusion in it of the norms of criminal, criminal procedure, labor, administrative law, the point of view was expressed that corrective labor law is a complex branch of law. But gradually there is a trend towards the allocation of corrective labor law into an independent branch. According to Art. 71 of the Constitution The Russian Federation is in charge of the criminal executive legislation. The provision formulated by the Constitution means that the adoption of laws governing the execution of punishments is in the federal competence. At present, the main source is penal code, which regulates the execution of all types of criminal penalties, in turn, penitentiary law includes the Penitentiary Code and other federal laws. therefore as the penitentiary legislation developed, by-laws were adopted to regulate the execution of criminal penalties. In turn, the Federal Laws "On Enforcement Proceedings" and "On Bailiffs" were adopted, which regulate the development of provisions penal code, as well as the procedure for the execution of such types of punishments as a fine and confiscation of property. Penal Code provides for the adoption other federal laws regulating social relations arising in connection with the execution of punishments. The Penitentiary Code provides for the adoption of laws regarding social assistance after release from punishment and controls the implementation of constitutional norms over what is happening. Federal laws, both in force and to be adopted - drafts, form a branch of penitentiary legislation. Criminal executive legislation regulates social relations related to the subject penal law. By-laws can be divided into two categories: RF Government decrees and other regulations. The regulation on penitentiary inspections of June 16, 1997 defines the tasks of the penitentiary inspection of the bodies for the execution of sentences. From this it follows that penitentiary law began to actively develop as an independent branch of law only at the end of the XNUMXth century. 10. INTERNATIONAL LEGAL STANDARDS FOR THE TREATMENT OF CONVINCED International standards for the treatment of prisoners can be classified on three grounds: scope of action; specialization; obligation for states. Standards are divided into two groups according to their scope: 1) universal; 2) regional. Universal - these are standards developed by the UN, and regional - by the Council of Europe or other regional associations of states. By specialization, universal standards for the treatment of convicts are classified into two types: 1) acts of a general nature, not specifically intended to regulate the treatment of convicts, but containing separate standards of interest to us; 2) acts of a specialized nature that determine the standards for the treatment of convicts. On duty for states - applied standards can be classified into two main categories: mandatory norms; principles and general provisions. Norms - These are the rules that govern the legal relationship between the subject and the object. All institutions of penal legislation are based on the norms. The need for this classification is related to separating mandatory norms from recommendatory ones. Advisory norms These are norms that give the subject the right to choose. Mandatory norms These are norms that must be followed without the right to choose. In the event that standards, principles and general provisions are mandatory for each country that has ratified the relevant international acts, then the standards, recommendations are implemented by one state or another to the extent that there are necessary economic, political and other prerequisites for their implementation. Based on the above classifications the following universal norms adopted by the UN can be included in the system of existing international acts on the treatment of convicts: 1) the Universal Declaration of Human Rights (1948); 2) UN Declaration on the Elimination of All Forms of Racial Discrimination (1963); 3) Declaration of the Rights of the Child (1959); 4) International Act on Economic, Social and Cultural Rights (1966); 5) International act on civil and political rights (1966); 6) Declaration on the rights of mentally retarded persons (1971). Also of great importance are the following regulations: 1) Code of Conduct for Law Enforcement Officials (1979); 2) Principles of Medical Ethics Relating to the Role of Health Professionals, Especially Physicians, in Protecting Prisoners or Detainees from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982); 3) Measures guaranteeing the protection of the rights of those sentenced to death (1984); 4) United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules 1985); 5) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1989). Thus, the above-mentioned international acts show that their action is expediently disclosed in relation to two main areas of treatment of convicts: 1) when using measures not related to deprivation of liberty; 3) upon application of deprivation of liberty. In this case, a significant number of specific principles operate in the areas under consideration, which require separate consideration of standards in each area. 11. STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS Most of the international standards for the treatment of convicts relate to the punishment of deprivation of liberty. The bulk of the standards in this area are contained in Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations Congress on the Prevention of Crime and the Treatment of Prisoners in 1955. The main provisions of the considered standards can be divided into the following groups: 1) organization of generic and specific classification of persons deprived of liberty; 2) organization of microsocial conditions for serving the deprivation of liberty; 3) organization of the regime in places of deprivation of liberty; 4) organization of labor and professional training of persons deprived of their liberty. The main provisions of the above rules: - discrimination on the basis of race, color, sex, language, religious, political and other beliefs, social origin, property status, family origin or social status unacceptable; - different categories of prisoners should be held in separate institutions or in different parts of the same institution, taking into account their sex, age, previous convictions, legal reasons for their imprisonment and prescribed treatment; - each of the prisoners should have a separate cell or room. Placing two prisoners in one cell is not desirable. If this is necessary for special reasons, prisoners placed in a common cell should be carefully selected to ensure that they are able to live together. - all premises, and especially sleeping rooms must meet sanitary requirements, correspond to climatic conditions, have an appropriate cubic capacity, lighting, heating and ventilation; - in the premises where prisoners live and work, windows should provide fresh air access, be of sufficient size to enable prisoners to read and work in daylight. Artificial lighting must be sufficient to enable them to read without endangering their eyesight; - each prisoner should have a separate bed with bedding; - each must be provided with food nutritionally sufficient to maintain health, of good quality, well prepared and served; - prisoners should provide physical training and the possibility of games. To do this, you need to have separate sites, installations and equipment; - all institutions must have at least one psychologist on staff, a qualified dentist and therapist. The physician must daily receive or visit all patients and all who complain of illness; - Physical punishment, confinement in a dark cell and cruel or degrading punishment should be banned as punishment for disciplinary offences. As punishment, restraints such as handcuffs, shackles, straitjackets or chains should never be used. Thus, it follows from this that imprisonment and other measures that isolate criminals from the outside world cause them suffering already by virtue of the fact that they deprive them of the right to self-determination, since they deprive them of their freedom. The regime should minimize the difference between life in prison and life outside. 12. BASIS OF THE LEGAL STATUS OF THE CONVENTED The Penitentiary Code of the Russian Federation is mainly based on international norms and standards in the field of the execution of criminal penalties and the treatment of convicts. In particular, the legal status convicts in the penitentiary Russian legislation formed on the basis of general principles the position of a person and a citizen in society and the state, subject to protection, taking into account the requirements of international standards for the treatment of convicts. The work of prisoners should not bring them suffering, they should be able to do the work of their choice. In the execution of criminal sentences, convicts are guaranteed the rights and freedoms of citizens of the Russian Federation with exceptions and restrictions established by criminal, penitentiary and other legislation. No other restrictions or infringements of their rights and freedoms are allowed. Convicts cannot be released from the performance of their civic duties, except in cases established by federal law. It should be emphasized that such restrictions on rights include the following. Convicts serving sentences cannot be drafted into the army, do not elect and cannot be elected to elected bodies. Convicts on general grounds defend their violated rights and interests in court, both personally and through their representatives. Convicts, in turn, have a number of rights. They are entitled to maintain international relations, to the fullest extent - the subjects of copyright, inventive right, etc. Convicted foreign citizens and stateless persons enjoy the rights and have obligations under international treaties and the legislation of the Russian Federation. The specific legal status of the convict will be determined depending on the type of punishment, personal characteristics and behavior during the serving of the sentence. Corporal punishment, confinement in a dark cell and cruel or degrading forms of punishment should be prohibited as punishments for disciplinary offences. As punishment, restraints such as handcuffs, shackles, straitjackets or chains should never be used. Every institution must have a library available to all prisoners. In institutions where there is a sufficient number of prisoners of the same religion, a qualified clergyman should be appointed or allowed to perform the rites. Each institution should have social workers who take care of his family. Thus, the penal legislation of the Russian Federation takes into account the international treaties of the Russian Federation and the recommendations (declarations) of international organizations on the execution of sentences and the treatment of convicts in accordance with economic and social opportunities. Therefore, in accordance with the Standard Minimum Rules for the Treatment of Prisoners, each convicted person must be provided with a separate cell (at least 12 square meters), but it is also clear that in modern conditions Russia cannot fulfill this requirement. The priority of international norms over domestic ones takes place only in cases of their contradiction and only in those cases when Russia, by virtue of the treaty, has assumed the obligation to fulfill them. 13. RIGHTS OF CONVENTED The basic law includes the following rights of convicts. The right of convicts to receive information about their rights and obligations, about the conditions for serving the sentence. 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. The right to be treated with courtesy by staff is guaranteed by law. In part 3 of Art. 12 of the Penal Code, in the development of international norms and the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens (Article 29), establishes a ban on conducting medical and other experiments with convicts that endanger their life and health. Federal Law of December 8, 2003 No. 161-FZ the right of convicts to psychological assistance, provided both by employees of the psychological service of the correctional institution, and by other persons entitled to such assistance, is enshrined. The participation of convicts in measures to provide psychological assistance is voluntary. The implementation of this right is disclosed in Art. 15 of the Penal Code, which establishes the procedure for the treatment of convicts with proposals, statements and complaints in two forms: 1) regarding detention in a disciplinary military unit, imprisonment, death penalty - send their appeals only through the administration of institutions and bodies executing punishments; 2) persons sentenced to other types of punishments send their appeals on their own. Accordingly, the administration of the institutions and bodies indicated in paragraph 1 is entrusted with the responsibility of bringing the appeals of convicts to specific recipients. Simultaneously censorship is suspended appeals of convicts, if the latter are sent to the bodies exercising control over the activities of institutions and bodies executing punishment. The right to submit proposals, statements and complaints, to give official explanations and correspondence in the state language of the Russian Federation or its subjects at the place of serving the sentence. Use of native language by convicts this article is not guaranteed, since this may not be necessary: the Code establishes that convicts serve their sentences, as a rule, at their place of permanent residence. Foreign citizens and stateless persons may use their native language or a language they know while serving their sentence. In these cases, the answers to the convicts are given in the language of the 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 into the language of the appeal. Translation is provided by the institution or body executing punishment. The right to health care, including all types of medical care. It includes primary health care and specialized medical care both in outpatient and inpatient settings, depending on the medical report. Thus, while attaching particular importance to securing the above-mentioned fundamental rights of convicts, the legislator nevertheless establishes a certain procedure and limits for their implementation, which consist in the fact that they must not violate the procedure and conditions for serving a sentence and infringe on the rights and legitimate interests of others. 14. DUTIES OF CONVENTED The main duties include those that ensure law and order during the serving of sentences or create conditions for the activities of institutions and bodies executing punishments. Convicts must fulfill the obligations of its citizens established by the legislation of the Russian Federation, to comply with accepted in society moral code of conduct, the requirements of sanitation and hygiene, i.e., to comply with general civil duties. But if in conditions of freedom citizens are free to set the limits for the fulfillment of such duties, then in places of deprivation of liberty certain requirements are imposed on these aspects of their life, which convicts are already obliged to comply with. The convicts are obliged to comply with the requirements of federal laws that determine the procedure and conditions for serving sentences, as well as other normative legal acts adopted in accordance with them. The norms on compliance with federal laws that determine the procedure and conditions for serving a sentence, normative legal acts adopted in accordance with them, as well as the fulfillment of the legal requirements of the administration of institutions and bodies executing punishment, constitute the legal basis for maintaining law and order during the execution of a criminal sentence. The convicts have a special obligation to comply with the legal requirements of the administration of institutions and bodies executing punishment. Failure by the convict to comply with the demand made by the employee with reference to its illegality must be justified, for example the requirement is purely personal, not provided for by the legal norm, contrary to the law. In order to ensure normal relations between convicts and staff, the law establishes a specific obligation for convicts to be polite to staff, other persons visiting institutions and bodies executing punishment, as well as to other convicts. It should be noted, that if the requirements for a polite attitude towards staff and other persons are generally perceived positively by convicts and are mostly observed, then they are far from always succeeding in maintaining polite relations with each other. On this basis, most violations of the regime and crimes are committed. To support the requirement that convicts fulfill this duty, strict supervision and control over their behavior in their places of residence, as well as the holding of extensive educational activities, help. Important, of course, are the example of the relationship of staff, as well as the form of treatment on the part of its individual members to convicts. Another specific obligation of convicts is the obligation to appear when summoned by the administration of institutions and bodies executing punishment, and to give explanations on the implementation of the requirements of the sentence. The official may invite the convict to give explanations both orally and in writing. Refusal to give explanations entails the application of measures of influence provided for by law. Failure by convicts to fulfill the duties assigned to them, as well as failure to comply with the lawful requirements of the administration, entails disciplinary or material liability established by law, in extreme cases, transfer to an institution with a stricter regime. 15. THE RIGHT OF CONVENTED TO PERSONAL SAFETY Convicts have the right to personal security. The right of convicts to personal security is guaranteed by a number of legal, psychological, pedagogical and organizational measures. First of all, these are measures of a criminal law nature, providing for criminal liability for encroachment on life, health and personal integrity. The means of ensuring the personal safety of convicts should include supervision of the behavior of convicts during the serving of their sentence. Representing a system for monitoring and controlling the behavior of convicts, supervision has as one of its goals the prevention of crimes, including those committed against convicts. An important means ensuring the personal safety of convicts is the use of security measures and weapons, as well as disciplinary measures against convicts. Another important tool ensuring the personal security of convicts - preventive activities of operational units, security departments and other units of correctional institutions, arrest houses, correctional centers, disciplinary military units and internal affairs bodies to prevent crimes against convicts. If there is a threat to the personal safety of the convict, he has the right to apply to any official of the institution executing sentences in the form of arrest, restriction of liberty or deprivation of liberty, with a request to ensure personal security. In this case, the specified official is obliged to immediately take measures to ensure the personal safety of the convict who applied. Officials, at the request of the convict, are obliged to immediately take measures to ensure the personal safety of the convict who applied. Applied to Correctional Institutions these can be actions to call a squad of controllers and escort the convict to a safe place, for example, from the hostel to the duty unit, or to detain a person who poses a danger to the convict, isolating him from other convicts. These are, as they can be called, the initial measures to eliminate the threat to the personal safety of the convict. Eliminate the threat to personal safety of the convict in the final form is assigned to the head of the correctional center, arrest house or correctional institution. The head of the institution may decide: 1) on the transfer of the convicted person to a safe place - to a separate cell, a cell-type room until the threat to his personal safety is eliminated, or to another correctional center, arrest house or correctional institution, if the threat is of a long-term nature and cannot be completely eliminated; 2) on the adoption of other measures that eliminate the threat to the personal safety of the convict - the resolution of the conflict that has arisen between the convicts, bringing the person from whom the danger emanates to responsibility, transferring him to another institution. Thus, convicted foreign citizens serving sentences of arrest, restriction or deprivation of liberty have the right to maintain contact with the diplomatic missions and consular offices of their states in the Russian Federation. 16. ENSURING THE FREEDOM OF CONSCIENCE AND FREEDOM OF RELIGION OF THE CONVENTED It is also important for persons sentenced to deprivation of liberty to ensure freedom of conscience and freedom of religion. Freedom of conscience and freedom of religion are fundamental human rights guaranteed by the Universal Declaration of Human Rights (Article 18), the Covenant on Civil and Political Rights (Article 18) and other international documents. According to Art. 28 of the Constitution of the Russian Federation, everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and act in accordance with them. Consequently, convicts are guaranteed freedom of conscience and freedom of religion without any special restrictions. Freedom of conscience includes the right to freely choose, have and disseminate both religious and atheistic beliefs, freedom of religion - to choose and profess any religion or not to profess any. The exercise of the right to freedom of conscience and freedom of religion is voluntary and cannot be exercised under coercion by the administration of institutions and bodies executing punishment. The Law of the Russian Federation "On Freedom of Religion" specifies the need to comply with the laws of the state as one of the conditions for exercising freedom of conscience and freedom of religion (Article 3). The exercise of freedom of conscience and freedom of religion should not violate the internal regulations established in institutions, as well as infringe on the rights of other persons. For example, the conduct of religious ceremonies should not infringe on the right of convicts to eight hours of sleep at night or lead to the disruption of activities planned for that day (lectures, watching a movie, visiting a library, etc.). Those sentenced to restriction of freedom may visit places of worship located on the territory of the correctional center. If there are none, then those sentenced to restriction of liberty may be issued permission to visit places of worship located outside the correctional center. Such a departure may be permitted within the territory of the constituent entity of the Russian Federation where the correctional center is located. Priests belonging to duly registered religious associations are invited to those sentenced to serving a sentence or deprivation of liberty at their request. Convicts alone or together with the clergy may perform religious ceremonies in rooms specially equipped for these purposes. Im also it is allowed to receive in parcels and transfers, to acquire, to have with them religious literature, objects of religious worship for individual use, pectoral crosses, bibles and use them. Seriously ill convicts as well as those sentenced to death before the execution of the sentence at their request the opportunity to perform all the necessary religious rites with the invitation of the clergy is provided. Thus, the penitentiary policy is aimed at ensuring that every convicted person has the right to freedom of religion. 17. APPEALS OF THE CONVENTED AND THE PROCEDURE FOR THEIR CONSIDERATION Convicts can send proposals, applications and complaints on issues related to the violation of their rights and legitimate interests. Offers - these are appeals of convicts, which contain information about the need to preserve or change existing phenomena or processes. Usually they are expressed in proposals to change the current legislation and regulations, as well as the practice of correctional institutions. Applications - these are the appeals of convicts, which, as a rule, set out requests for the need to make any decisions or actions in the interests of the applicant, for example, applications from convicts with a request to be allowed to leave the correctional institution (Article 97 of the Penal Code). Complaints - these are appeals of convicts, which report a violation of the rights, freedoms and legitimate interests and contain demands or requests for the restoration of violated rights, freedoms and interests of convicts. Appeals of convicts can be presented in oral and written forms. Convicts can send both individual and joint proposals, statements and complaints. Specified treatment can be filed both in the interests of the convict himself, and in the interests of third parties. Convicts serving sentences in the form of a fine occupy certain positions and engage in certain activities, deprivation of special, military or honorary rank, class rank and state awards, compulsory work, correctional labor, restrictions on military service and restrictions on freedom, send proposals, applications and complaints independently, in the general order for all citizens. If they are addressed to the administration of institutions and bodies executing testimony, they are registered and considered on their merits. According to the Internal Regulations, a daily reception of proposals, applications and complaints is organized convicted both orally and in writing. Suggestions, statements and complaints, like other types of correspondence coming from those sentenced to the actual serving of sentences and deprivation of liberty, are subject to censorship. However, there is an exception to this rule. Proposals, statements and complaints addressed to the bodies exercising control and supervision over the activities of institutions and bodies executing punishment are not subject to censorship and are sent to the addressee no later than one day. To do this, they are accepted from convicts in sealed envelopes, which are forbidden to be opened. A similar procedure has been established for complaints submitted to the Commissioner for Human Rights in the Russian Federation. According to Art. 19 of the Federal Constitutional Law of February 26, 1997 "On the Commissioner for Human Rights in the Russian Federation" complaints sent to the Commissioner by persons in places of detention, review by the administration of places are not subject to compulsory detention and are sent to the addressee within 24 hours. Thus, proposals, statements and complaints of convicts addressed to state authorities, public associations that do not enjoy the right to control and supervision, as well as other legal entities and individuals, such as a lawyer, are censored and then sent to their respective affiliations. 18. SYSTEM OF CRIMINAL EXECUTIVE AUTHORITIES In accordance with Art. 5 of the Law of the Russian Federation of July 21, 1993 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty" the penitentiary system includes: - institutions executing punishment; - territorial authorities of the penitentiary system; - central governing bodies of the penitentiary system. In addition, the penitentiary system may include institutions and bodies created by decision of the Government of the Russian Federation that ensure its normal operation: pre-trial detention centers; enterprises specially created to ensure the activities of the penitentiary system; research. Special bodies and institutions have been created to carry out punishment. Punishment in the form of a fine is executed by the court that passed the sentence, or by the court at the place of residence (work) of the convicted person. Specifically, the punishment in the form of a fine is executed by bailiffs on the basis of the laws of the Russian Federation "On Bailiffs" and "On Enforcement Proceedings". Punishments in the form of deprivation of the right to occupy certain positions or engage in certain activities are executed by the penitentiary inspection according to the gesture of residence, work of the convict, correctional center, correctional institution or disciplinary military unit. Demanding a sentence on deprivation of the right to occupy certain positions or engage in certain activities is carried out by the administration of the organization in which the convicted person works, as well as by the bodies competent to annul the decision to engage in the relevant activity. Punishments in the form of deprivation of a special, military or honorary title, class rank and state awards are executed by the court that passed the sentence. The requirements of the sentence are fulfilled the relevant official or body that awarded the title, class rank or awarded the state award, or the relevant bodies of the Russian Federation. Penalties in the form of compulsory and corrective labor are executed by the penitentiary inspection. Punishments in the form of compulsory work are executed on the basis of the Regulations "On penitentiary inspections", approved by the Decree of the Government of the Russian Federation of June 16, 1997 No. Punishments in the form of restriction of freedom, arrest, imprisonment and death penalty are carried out by institutions of the penal system; restriction of freedom - correctional centers; arrest - arrest houses; imprisonment - in correctional colonies; their system includes settlement colonies; general, strict and special regime colonies; prisons and educational colonies. Convicts may also serve their sentences in medical correctional institutions; convicts left to perform housekeeping work may serve their sentences in pre-trial detention centers. Punishment of military personnel: detention in a disciplinary military unit in the relevant unit; arrest in the guardhouse; restriction on military service by the command of military units, institutions, bodies and military formations in which these military personnel serve. Thus, the penitentiary system is regulated by federal legislation. 19. PROSECUTORAL SUPERVISION OVER THE EXECUTION OF LAWS ADMINISTRATION BODIES AND INSTITUTIONS IMPLEMENTING PUNISHMENT Prosecutorial supervision over the observance of laws by the administration of institutions and bodies executing punishment is carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him. in accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" and Art. 22 of the Penal Code of the Russian Federation. For this purpose, specialized prosecutor's offices have been established to supervise the observance of laws in correctional institutions. In accordance with Art. 32 of the Federal Law "On the Prosecutor's Office of the Russian Federation", the prosecution authorities carry out their activities in order to: - persons detained and arrested in the course of the investigation were kept in the manner and within the time limits in accordance with the law; - appeal to the execution of sentences was carried out in strict accordance with the law and within the established time limits; - the content of convicts in places of deprivation of liberty was carried out only on the basis and in the manner prescribed by law; - the legislation on the procedure and conditions for serving sentences, correction of convicts in places of deprivation of liberty was observed; - in a timely manner and in accordance with the law, a punishment not related to deprivation of liberty was executed. Prosecutorial supervision over the legality of the execution of sentences differs significantly from other types of supervision in terms of the methods of its implementation and the powers of the prosecutor. Prosecutor not only checks the legality of legal acts, published by the administrations of institutions and bodies executing punishment, but also oversees the legality of all their activities. Exercising supervision over the observance of laws in places of detention of detainees, pre-trial detention, in places of deprivation of liberty, as well as in the execution of other measures of a coercive nature, appointed by the court, The prosecutor, within his competence, has the right to: - visit at any time the bodies and institutions of pre-trial detention, institutions of the penitentiary system and institutions executing other measures of a coercive nature, appointed by the court; - to interrogate detainees, taken into custody, sentenced to deprivation of liberty or subjected to coercive measures; - get acquainted with the documents on the basis of which these persons were detained, taken into custody, serving a sentence of imprisonment or subjected to coercive measures. The law establishes that the prosecutor's orders are subject to obligatory, immediate execution the administration of institutions executing punishment, the administration of places of detention of those detained or arrested in the process of preliminary investigation, as well as the administration of forensic psychiatric institutions. In case of detection of violations of the law on the part of employees, officials of these institutions, the prosecutor is obliged to conduct an inspection and resolve the issue of bringing the perpetrators to justice, and if signs of a crime are established in their actions, initiate a criminal case and send it for investigation and bringing the perpetrators to criminal responsibility. Thus, the prosecutor is endowed with sufficiently broad powers to fulfill the duties assigned to him and solve problems aimed at observing the rule of law and protecting the rights and freedoms of citizens, protecting their legitimate interests. 20. CONTROL OVER THE ACTIVITIES OF CORRECTIONAL INSTITUTIONS IMPLEMENTING PUNISHMENT Control over the activities of institutions and bodies executing punishment is carried out by state authorities and local self-government bodies, judicial and departmental control is carried out, as well as prosecutorial supervision over the observance of the law. Article 4 of the Federal Law of July 21, 1993 "On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty" provides that state authorities and governments of the republics within the Russian Federation within their powers: - enter with proposals or give consent to the creation and liquidation of institutions executing punishment, as well as on the appointment and dismissal of the heads of the relevant territorial authorities of the penitentiary system; - provide assistance in recruiting qualified personnel for the personnel of penitentiary institutions; - create conditions for institutions executing sentences for their activities and the involvement of those sentenced to work, as well as ensure the implementation of guarantees of legal and social protection of the personnel of institutions and members of their families; - involve in the elimination of the consequences of accidents, catastrophes, natural disasters, epidemics, epizootics and other emergencies, the personnel of penitentiary institutions deployed in the areas of these events; in cases that do not tolerate delay - with the notification of the relevant territorial authorities of the penitentiary system; - establish additional guarantees of social protection for the personnel at the expense of the relevant budgets. Local authorities also have these powers of the institutions, which also determine the boundaries of the territories adjacent to the institutions executing punishment, and establish regime requirements in these territories. Bodies of state power and administration of the mayor's office, city and district administrations, municipalities, prefectures have power in solving economic, social, economic, environmental, communal and other issues of local importance. They have the right to carry out inspections and visits to correctional institutions, based on the results of which decisions are made with an assessment of the identified shortcomings, measures are determined to provide assistance to these institutions. Judicial control - this is one of the most important forms of maintaining the rule of law in the execution of punishment. The court controls the execution of sentences when deciding on issues of parole from punishment, on replacing the unserved part of the punishment with a milder one, on release from punishment due to the illness of the convict, on postponing the serving of punishment for pregnant women and women with children under the age of 14, as well as on changing the type of correctional institution. Institutions and bodies executing sentences shall notify the court that passed the sentence of the beginning and place of serving sentences by convicted persons. Thus, the activities of institutions and bodies executing punishment are carried out departmental control from higher authorities and their officials. 21. IMPLEMENTATION OF PUNISHMENT NOT RELATED TO ISOLATION Execution of punishments not related to the isolation of the convict from society, classified into types: 1) execution of punishment in the form of compulsory works; 2) execution of punishment in the form of a fine; 3) execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities; 4) execution of punishment in the form of deprivation of a special, military or honorary title, class rank and state awards. Mandatory work represent a new measure of punishment, previously unknown to the criminal law of Russia. The essence of compulsory work is that the convict must work free of charge outside of working hours. the number of hours established by the verdict in those jobs where he will be sent by the penitentiary inspection in agreement with local governments. This punishment is only the main one. It is provided in the law for minor crimes. The law imposes the execution of this punishment on the penitentiary inspections at the place of residence of the convicted person. The inspectorates agree with the local authorities on the list of facilities where convicts will serve their sentences, and constantly maintain contact both with these bodies to obtain information about such facilities, and with the administration of relevant organizations about the work of convicts and their behavior. Execution of punishment in the form of a fine. The implementation of punishment in the form of a fine is regulated by the Criminal Executive Code, as well as the Federal Law of July 21, 1997 "On Enforcement Proceedings", which introduced the institution of bailiffs. A fine is a monetary penalty imposed within the limits provided for by the Criminal Code. The fine is set 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 time from two weeks to five years. After the announcement of the verdict on imposing a fine, the court that passed the verdict explains to the convicted person his obligation to voluntarily pay the amount of the fine to the state bank within 30 days and warns him that in case of non-payment, the fine will be collected forcibly. The convict may voluntarily pay the amount of the fine both before and after the entry into force of the sentence. Execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Deprivation of the right to occupy certain positions or engage in certain activities when it is imposed as the main punishment or as an additional punishment in addition to a fine, compulsory work, correctional labor or conditional conviction is executed by the penitentiary inspection at the place of residence of the convicted person. Execution of punishment in the form of deprivation of a special military or honorary title, class rank and state awards. The appointment of this type of punishment can only be added as an additional punishment when convicted for any grave or especially grave crime, regardless of the indication in the sanction of the article. Thus, the above types of punishment are the most lenient and frequently used measures. 22. EXECUTION OF PUNISHMENT IN THE FORM OF COMPULSORY WORK Punishment in the form of compulsory works is executed by the penitentiary inspectorate at the place of residence of the convict at enterprises subordinate to local governments. sentenced to compulsory work are involved in serving a sentence no later than 15 days from the date of receipt by the penitentiary inspectorate of the relevant court order with a copy of the verdict. The penitentiary inspectorate keeps records of convicts, explains to them the procedure and conditions for serving their sentences, controls the behavior of convicts, and keeps a summary record of the time worked by convicts. Mandatory work is in the performance by convicts of certain work necessary for this particular local government. They may be involved in landscaping district, city, current repair of municipal buildings, structures, communications, harvesting, weeding crops, loading and unloading operations and other work that does not require special qualifications. Persons executing punishment are required to comply with internal regulations organizations in which they are serving their sentences, treat labor conscientiously, work at the facilities designated for them and work out the period of compulsory work established by the court, notify the penitentiary inspectorate of a change in place of residence. If the convict is recognized as disabled of the II and III degree, the penitentiary inspection sends a submission to the court to release him from further serving the sentence. When a convicted person's limited ability to work is established, the duration of compulsory work is set from 60 to 240 hours, and for minors - from 40 to 160 hours. These works are served no more than four hours a day, and for minors and under the age of 15 up to two hours. They are produced on weekends and during free time from main work or study. On weekdays - no more than two hours, and with the consent of the convicted person no more than four hours. The time of compulsory work during the week cannot be less than 12 hours. If there are valid reasons, the penitentiary inspection allows the convict to work a smaller number of hours during the week. Granting a regular vacation to a convict at the main place of work does not suspend the execution of the sentence. The administration of the organization has no right to send the convict on business trips even with his consent. It is entrusted with control over the performance by convicts of the work determined for them, notification of the penitentiary inspections on the number of hours worked or on the evasion of the convict from serving the sentence. In the event of injury associated with the performance of compulsory work, compensation for harm to the convict is carried out in accordance with the legislation of the Russian Federation on labor. After the convict has worked out the number of hours established for him, the administration sends a notice about this to the penitentiary inspection. The work book for convicts is not started, the time of compulsory work is not included in the general, continuous, special work experience. Thus, for violation by the convict of the order and conditions of serving the sentence, the penitentiary inspection warns him of responsibility. 23. ENFORCEMENT OF PUNISHMENT IN THE FORM OF A FINE The fine is set in the amount of 2500 to 1 million rubles. or in the amount of the salary or other income of the convicted person for a period of two weeks to five years. A fine of 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of more than three years is appointed only for serious crimes. Convicted must pay the fine within 30 days from the date of entry into force of the sentence. If the convict is not able to pay the fine at a time, the court, at his request and the conclusion of the bailiff, may defer or extend the payment of the fine for up to three years. The amount of the fine is determined court, taking into account the gravity of the crime committed and taking into account the property status of the convict and his family, as well as the possibility of the convict receiving wages or other income. A person sentenced to a fine without installment payment is obliged to pay the fine within 30 days from the date the court verdict enters into force. Minor a fine is imposed both if he has independent earnings or property on which execution 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 1 to 50 thousand rubles. or in the amount of wages or other income of a convicted juvenile for a period of two weeks to six months. In case of non-payment of the fine, the collection is made by force. It may be applied to the personal property of the convict, including his share in the common property and in the joint property of the spouses. Foreclosure on property is not levied if the convicted person works or receives a pension or stipend, and the amount of the penalty does not exceed the share of the monthly salary or other earnings (pensions, stipends) that can be levied under the law. In these cases, the writ of execution is sent to the appropriate organization. A convicted person who has not paid a fine in a timely manner and concealing their income, property from foreclosure, may be found to be maliciously evading the payment of a fine. With regard to such convicts, the bailiff, not earlier than 10, but not later than 30 days from the date of expiration of the extended payment period, sends to the court a proposal to replace the fine with other types of punishment. In the event of malicious evasion from paying a fine imposed as the main punishment, it is replaced within the limits of the sanction provided for by the relevant article of the Special Part of the Criminal Code. 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. Thus, the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation do not establish measures for the correlation of unpaid fines with specific terms of arrest, compulsory and corrective labor. The court decides this issue at its own discretion. It is only important that these terms do not go beyond the maximum limits established by the relevant article of the Special Part of the Criminal Code. 24. EXECUTION OF THE PUNISHMENT IN THE FORM OF DEprivation of the Right to Occupy Certain Positions or to Engage in Certain Activities This type of punishment consists in the prohibition to hold positions in the public service, in local governments, or to engage in certain professional or other activities. As the main punishment it is imposed for a term of one to five years, as an additional - from six months to three years. Assigned as the main or additional punishment to a fine, compulsory or corrective labor, and also in case of conditional conviction, it is carried out by the penitentiary inspection at the place of residence of the convict. Assigned as an additional punishment to the restriction of liberty, arrest, detention in a disciplinary military unit or imprisonment executed by institutions and bodies that execute these types of punishment, and after serving the main type of punishment by the penitentiary inspection at the place of residence of the convict. Moreover, it extends to the entire time of serving the specified main types of punishment, but at the same time its term is calculated from the moment they are served. The penitentiary inspectorate keeps records of convicts, control the observance by convicts of the said prohibition to occupy certain positions or engage in certain activities, check the execution of the sentence by the administration of institutions, organize educational work with convicts. institution administration, in which the convict is serving the main type of punishment, cannot involve him in work, the performance of which is prohibited to him. The administration of the organization in which the convict works is obliged to: 1) no later than three days after receiving a copy of the court verdict and a notification from the penitentiary inspectorate, release the convicted person from the position that he is deprived of the right to occupy, or prohibit him from engaging in certain activities; 2) submit, at the request of the penitentiary inspection, documents related to the execution of punishment; 3) in the event of a change or termination of an employment contract with a convict, within 3 days, notify the penitentiary inspection; 4) in the event of dismissal from the organization of the convicted person, make an entry in his work book on the basis on which, for what period and what position he is deprived of the right to hold or what activity he is deprived of the right to engage in. The requirements of the sentence on deprivation of the right to engage in certain activities are obligatory for the bodies competent to cancel the permission to engage in the relevant activity. Designated bodies not later than three days after receiving a copy of the judgment court and notices of the penitentiary inspection are required to revoke the license to engage in this activity, which is prohibited to the convict, withdraw the relevant document granting this person the right to engage in the specified activity, and send a message about this to the penitentiary inspection. Thus, representatives of the authorities, civil servants, employees of local self-government bodies, employees of state and municipal institutions, commercial and other organizations bear appropriate responsibility for failure to comply with a court verdict on deprivation of the right to hold certain positions or engage in certain activities. 25. EXECUTION OF PUNISHMENT IN THE FORM OF CORRECTIONAL LABOR Corrective labor is assigned to the convict, without a main job. They are established for a period of two months to two years, for minors - up to one year. and are served in places determined by local governments in agreement with the authorities in charge of the execution of correctional labor, but in the area of the place of residence of the convict. Corrective labor is not assigned to persons recognized as invalids of the III degree, pregnant women, women with children under three years old, military personnel undergoing military service by conscription or contract in military positions of privates and sergeants. Convicted may serve corrective labor in an enterprise, institution, organization of any form of ownership. Sentenced to corrective labor brought to serve the sentence no later than 30 days from the date of receipt of a copy of the verdict by the penitentiary inspection. Time shall not be counted in the term of punishment: - illness caused by alcohol, drug or toxic intoxication or related activities; - serving an administrative penalty in the form of detention under house arrest; - detention as a measure of restraint in another case during the period of serving the sentence; - being on leave without pay and any other time during which the convicted person did not work and was not paid wages. From the salary of the convict, according to the verdict of the court, a deduction is made in the amount of 5 to 20%. During the period of serving the sentence, the convicted Voluntary dismissal is prohibited. They are required to report a change in their place of residence or work to the penitentiary inspectorate within 10 days. Annual paid leave is granted for 18 working days. Other types of leave provided for by labor legislation are granted to convicts on a general basis. Persons sentenced to correctional labor, are involved in serving the sentence no later than 15 days from the date of receipt of a copy of the sentence by the penitentiary inspection. The beginning of the term of serving corrective labor shall be considered the day the convict enters work. The period of corrective labor is calculated in months and years during which the convict worked and deductions were made from his wages. The administration of the organization in which the convicted person works has the following duties: - correct and timely deductions from the wages of the convict and transfer of the withheld amounts in the prescribed manner; - control over the behavior of the convict at work. Deductions from the wages of the convicted person are made regardless of the presence of claims against him under executive documents and can exceed 50% and reach 70%. Deductions are not made from benefits received in the form of social insurance and social security, from lump-sum payments, with the exception of unemployment benefits and monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases. Benefits for temporary disability of the convict are calculated from his salary minus deductions in the amount established by the court verdict. 26. ENFORCEMENT OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM Restriction of freedom consists in the maintenance of a convicted person who has reached the age of 18 by the time of sentencing, in a special institution without isolation from society under supervision. Restriction of freedom is assigned: 1) persons convicted of intentional crimes and without a criminal record, from one to three years; 2) persons convicted for a crime committed through negligence, from one to five years. Restriction of freedom is not imposed on persons recognized as disabled II or III degree, pregnant women, women with children under the age of 14, women who have reached the age of 50, men who have reached the age of 60, as well as military personnel undergoing military service for call. A person sentenced to restriction of freedom serves his sentence in correctional centers, as a rule, within the territory of the subject of the Russian Federation in which they lived or were convicted. Penitentiary inspection at the place of residence sentenced to restriction of freedom no later than 10 days from the date of receipt of the relevant order of the court with a copy of the sentence, ruling, decision, shall hand over to the convicted person an order to send him to the place of serving the sentence. In the order, taking into account the time required for the journey, the period during which the convict must arrive at the place of serving the sentence. Those sentenced to restraint of liberty by a court verdict, this punishment is assigned as a replacement for another type of punishment. After that, the convict follows to the place of serving the sentence at the expense of the state on his own. 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. Convicts whose unserved part of the deprivation of liberty has been replaced by restriction of liberty are released from custody and go to the correctional center at the expense of the state on their own. After the arrest, the convict is sent to the place of serving the sentence. in the manner established for those sentenced to deprivation of liberty, or a submission is sent to the court to replace the restriction of liberty by deprivation of liberty. The period of restriction of freedom is calculated from the day the convicted person arrives at the correctional center. The term of restriction of liberty shall include the time of detention at the rate of one day of detention for two days of restriction of liberty. The time of unauthorized absence of the convict from work or in the hostel for more than one day shall not be included in the period of restriction of liberty. Those sentenced to restraint of liberty are under supervision and are obliged to: 1) comply with the internal regulations in correctional centers; 2) work where they are directed by the administration; 3) to stay permanently in the correctional center, not to leave it without the permission of the administration; 4) live, as a rule, in specially designed dormitories and not leave them at night without the permission of the administration. Convicts are prohibited from acquiring, possessing and using substances prohibited by the Internal Regulations of Correctional Centers. Thus, if they are found, they are withdrawn and transferred to storage, either destroyed or sold. 27. IMPLEMENTATION OF THE PUNISHMENT IN THE FORM OF WITHDRAWAL OF SPECIAL, MILITARY OR HONORARY TITLES, CLASS RANKS AND STATE AWARDS Deprivation of a special, military or honorary title, class rank and state awards may be imposed only as an additional punishment upon conviction for any grave or especially grave crime. This punishment is not indicated in the sanctions articles. Special ranks and class ranks, qualification ranks, diplomatic ranks are assigned to persons serving in state bodies where such ranks and ranks are established - the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the prosecutor's office, railway, sea, water and air transport, customs service. Military ranks are those listed in Art. 45 of the Law of the Russian Federation of February 11, 1993 "On military duty and military service": soldiers and sailors, sergeants and foremen; ensigns and midshipmen; junior, senior and senior officers. The issue of deprivation of the rank can be resolved both in relation to persons in the service, and in relation to persons who have retired. An honorary title is a title that is awarded for special merits, for example, Hero of the Soviet Union, Hero of the Russian Federation, People's Artist, Honored Doctor. State awards of the Russian Federation are determined in Regulations on state awards, approved by the President of the Russian Federation on March 2, 1994, as the highest forms of rewarding citizens for outstanding achievements in the economy, science, culture, art, defense of the Fatherland, state building, education, education, protection of health, life and rights of citizens, charitable activities and other services to the state and people. State awards include orders and medals, as well as honorary titles. The court may deprive the convict of any military, special or honorary rank, class rank and state award, regardless of which body or official conferred this rank, rank or award. The court has no right to deprive the convict of academic degrees and academic titles. Upon deprivation of the military rank of a reserve serviceman, a copy of the verdict is sent to the military commissariat at the place of military registration of this reserve serviceman. The official makes an entry in the relevant documents about the deprivation of the convicted rank, takes measures to deprive him of the rights and benefits provided for persons with a special rank, rank or awards. The official shall, within one month from the date of receipt of a copy of the judgment, notify the court of its execution. Deprivation of titles and awards entails the loss of all rights, benefits and advantages that are associated with the corresponding title, rank or award. Due to the fact that Russia is the legal successor of the USSR, the specified procedure for depriving titles and awards also applies to the titles and awards of the USSR. Executive within one month from the date of receipt of a copy of the judgment informs the court about its execution. Thus, the deprivation of titles and awards entails the loss of all rights, benefits and advantages that are associated with the corresponding title, rank or award. 28. PROCEDURE FOR SERVING A SENTENCE IN THE FORM OF ARREST Arrest consists in keeping the convict in conditions of strict isolation from the company and is established for a period of one to six months. Since the execution of this punishment involves the restriction of the rights and freedoms of the individual to a large extent, the criminal law provides that arrest is not imposed on persons who have not reached the age of sixteen by the time the court pronounces a sentence, as well as pregnant women and women with children under the age of 14 years. Persons sentenced to arrest serve their sentence at the place of conviction in arrest houses. Arrest as a form of punishment is expensive and ineffective and is the most cruel form of imprisonment. Arrest, as a measure of criminal punishment, consists in keeping a prisoner in conditions of strict isolation from society for a period of 1 to 6 months. Soldiers are serving their arrest in the guardhouse. An arrest is served in arrest houses within the territory of a constituent entity of the Russian Federation and, as a rule, in one arrest house. The transfer of a convict from one house of arrest to another is allowed for medical reasons or to ensure the safety of the convict, as well as under other exceptional circumstances. Those sentenced to arrest are kept in strict isolation, providing protection and constant supervision of them. The conditions of detention of those sentenced to arrest are the same as those convicted serving deprivation of liberty in a prison on a general regime. The requirement of the law serving the arrest at the place of residence of the convict, Of course, this does not mean that arrest houses will be set up in every locality. However, they are expected to be established in all republics, territories, regions, autonomous districts within the Russian Federation, as well as in federal cities. The President of the Russian Federation instructed the Government of Russia to prepare and approve the Regulations on arrest houses and the standard for their staffing. As a rule, the convict must serve the entire term of punishment in one arrest house. The transfer of a convict from one house of arrest to another is allowed in the event of his illness. When executing arrest, the principle of separate detention of certain categories of convicts must be observed. Isolated from other categories of persons, detainees, and are placed separately: men, women, minors, as well as convicts who have previously served their sentences in correctional institutions and have a criminal record. The need for such a differentiation of convicts is caused by the goals of ensuring the safety of convicts, preventing offenses, providing an educational impact and eliminating the negative influence on the part of convicts who have previously served a sentence of arrest or imprisonment on convicts serving these sentences for the first time. persons sentenced to arrest are kept in conditions of strict isolation from society, which excludes free communication of convicts with persons outside the arrest house. Thus, outwardly, the conditions for the execution of punishment in the form of arrest are similar to the conditions for the execution of a criminal punishment in the form of deprivation of liberty. However, arrest is not a deprivation of liberty, although in fact it is, of course, a deprivation of liberty, albeit a short-term one, with all the ensuing consequences. 29. CONDITIONS FOR SERVING A SENTENCE OF ARREST The conditions of detention of persons sentenced to arrest are equal to the conditions of detention established for those sentenced to deprivation of liberty, serving sentences in prison on a general regime. The actual conditions of detention are more severe in terms of the nature of the restrictions. Condemned visits are not granted, except for visits with lawyers and other persons entitled to legal assistance; it is not allowed to receive parcels, transfers and parcels. There are no such restrictions even in a maximum security prison. Due to the short duration of sentences, general educational and vocational training is not carried out in relation to convicts in the arrest house. Convicts in the detention house they can purchase food and essentials for an amount not exceeding 20% of the minimum wage labor. Convicts are prohibited from moving without an escort. They enjoy the right to daily walks duration at least one hour and for convicted minors - at least one and a half hours. The walk of convicts is carried out in a place specially equipped for these purposes and excludes the possibility of communication between convicts and strangers. Juvenile convicts short visits are provided once a month for a duration of up to three hours with parents or persons replacing them. A telephone conversation may also be permitted as a reward. The administration of the arrest house may involve convicts in the maintenance of the arrest house without payment for a period not exceeding four hours a week. Household services include: garbage collection, sanitary and hygienic cleaning of the premises, cosmetic repairs of the premises, minor repairs of furniture, household equipment, work in the laundry, bathhouse and other household facilities. Work is performed in order of priority. Incentive norms are associated with the elimination of restrictions, stemming from the essence of punishment. The basis for encouraging convicts to arrest is their good behavior. Good behavior is understood as the absence of violations of the established order while serving a sentence, the fulfillment of all duties. Gratitude can be declared orally or in writing, other incentives are clothed only in writing. For violation of the established procedure for serving a sentence, convicts may be subject to penalties in the form of a reprimand or placement in a punishment cell for up to 10 days. When imposing penalties, it is necessary to follow the principle of compliance of the penalty with the nature and severity of the violation committed by the convict. The charge is due no later than 10 days from the date of discovery of the violation, and if an inspection was carried out in connection with the violation - from the date of its completion, but no later than three months from the date of the violation. Collection is executed immediately, and in exceptional cases no later than 30 days from the date of its application. It is prohibited to impose multiple penalties for one violation. A reprimand is announced orally or in writing, all other penalties - only in writing. Thus, imprisonment in the form of arrest is quite effective, but not applicable, since these institutions are not available in the Russian Federation. 30. INSTITUTIONS PERFORMING DETENTION OF SUSPECTED AND ACCUSED Detention - this is the most severe preventive measure provided for by the criminal procedural legislation, which is expressed in the deprivation for a certain period of liberty of a person accused or suspected of committing a crime. Detention is essentially similar to such criminal penalties as arrest and imprisonment, but significantly differs in social and legal purpose and legal nature. Criminal punishment is both a punishment and a means of correcting the offender. These goals cannot be set when choosing such a measure of restraint as detention. Persons suspected or accused of committing a crime, by virtue of the presumption of innocence, cannot legally be considered criminals. From this it follows that detention as a measure of restraint is not a punishment no remedy. Detention is used to isolate suspects and accused from society. There are two types of places of detention traditional for Russia: pre-trial detention centers and temporary detention facilities. According to their functional purpose and legal status, they have certain differences. The law provides There are two types of pre-trial detention centers: 1) isolators of the penitentiary system of the Ministry of Justice of Russia; 2) isolators of the Federal Security Service. main place, intended for the detention of suspects and accused of committing crimes, are detention centers. They are available in every subject of the Russian Federation and large cities. There are about two hundred of them in Russia. The main tasks of pre-trial detention centers are: - creation of conditions that exclude the possibility for suspects and accused persons in custody to escape from investigation or trial, and for those sentenced to imprisonment and the death penalty to evade serving their sentences; - implementation of measures to prevent attempts by suspects and accused to interfere with the establishment of the truth in a criminal case; - Ensuring law and order and legality in the pre-trial detention center, the safety of suspects and defendants, as well as personnel, officials and citizens located on its territory; - Ensuring the observance of the rights and legitimate interests of suspects and accused; - organization of the life of the pre-trial detention center, as well as the development and strengthening of its material and technical base and social sphere. To perform the above tasks, the personnel of pre-trial detention centers are entrusted with functions, the main of which are: - reception of suspects and accused and placing them in cells in accordance with the established requirements of the law; - ensuring the isolation of suspects and accused; - detection, suppression and prevention of offenses and crimes by suspects and accused; - ensuring and maintaining the order regulated by the Internal Regulations. Thus, persons sentenced to deprivation of liberty, if they are kept in a temporary detention center until the sentence enters into force, are transferred to pre-trial detention centers to be sent to places of deprivation of liberty in accordance with the verdict. 31. LEGAL STATUS OF SUSPECTED AND ACCUSED DURING DETENTION The suspected and the accused enjoy the rights and freedoms, they are assigned the duties established for the citizens of the Russian Federation. Among the restrictions established for suspects and accused, it is necessary to include the rules providing their isolation from the outside world and inside places of detention, the possibility of a personal search, fingerprinting and photography, inspection of things, parcels and transfers, censorship. Suspected и accused foreign nationals and stateless persons held in custody on the territory of the Russian Federation perform certain duties and enjoy the rights and freedoms on an equal basis with citizens of the Russian Federation, except in cases established by the Constitution of the Russian Federation, federal laws and international treaties of the Russian Federation. Suspects and accused in relation to whom detention has been applied as a measure of restraint, they have a right: - receive information about their rights and obligations, the regime of detention, disciplinary requirements, the procedure for submitting proposals, applications and complaints; - on personal safety in places of detention; - to make a request on personal reception with the head of the place of detention and persons supervising the activities of places of detention during the stay of these persons on its territory; - on dates with the defender; - for meetings with relatives and other persons, for paid telephone calls in the presence of technical capabilities and under the control of the administration with the permission of the person or body in charge of the criminal case, or the court; - keep documents and records with you, relating to a criminal case or concerning the implementation of their rights and legitimate interests, with the exception of those documents and records that can be used for illegal purposes or that contain information constituting a state or other secret protected by law; - to make suggestions, statements and complaints, including to the court, on the legality and validity of their detention and violation of their legal rights and interests; - get free meals material and household and medical and sanitary support, including during the period of their participation in investigative actions and court hearings; - acquire food and essentials in a store (stall) of a pre-trial detention center (prison) or through the administration of a place of detention in a trading network; - eight hours of sleep at night, during which it is forbidden to involve them in participation in procedural and other actions, with the exception of cases provided for by the Code of Criminal Procedure of the Russian Federation; - enjoy daily walk lasting at least one hour; - use your own bedding, as well as other things and objects, the list and quantity of which are determined by the Internal Regulations; - use literature and periodicals from the library of the place of detention or purchased through the administration of the place of detention in the trade network, as well as board games. 32. REGIME AND CONDITIONS OF DETENTION OF SUSPECTED AND ACCUSED In places of detention, a regime is established ensuring the observance of the rights of the suspects and the accused, the performance of their duties, their isolation, the personal safety of the suspects and the accused and employees of places of detention, as well as the fulfillment of the tasks provided for by the Code of Criminal Procedure of the Russian Federation. The regime regulates life in places of detention. With its help, the boundary of what is permitted in the behavior of suspects and accused is established and their legal status is determined. The regime is a set of rules that determine the procedure for the detention of suspects and accused persons and the procedure for their provision by the administration of places of detention. One of the tasks of the regime in places of detention suspected and accused of committing crimes is to ensure isolation from the outside world and from other categories of suspects and accused. Insulation from the outside world expressed in compliance with the rules of communication suspects and accused during meetings, making proposals, statements and complaints, correspondence, receiving parcels and transfers by applying measures to prevent violations of external isolation - search, censorship of correspondence. Admission of suspects and accused, admitted to the pre-trial detention center, is carried out around the clock by the duty assistant to the head of the pre-trial detention center or his deputy, who checks the availability of documents that give grounds for admitting a person delivered to the pre-trial detention center, conducts a survey of the person and compares his answers with the information indicated in the personal file. Persons accepted in a pre-trial detention center, on the day of their admission undergo an initial medical examination by a doctor on duty, paramedic and sanitation. Suspects and accused persons are placed in cells by an assistant on duty or his deputy in agreement with an operational service worker, and minors, in addition, in agreement with an educational work instructor. Place of detention custody includes a complex of facilities. The facilities include: an administrative building, a regime building, utility buildings, production workshops. The territory of the pre-trial detention center is divided into two zones (sections) - regime and administrative and economic. Provided accessories include: 1) mattress; 2) a pillow with a blanket; 3) bed linen with two sheets, pillowcase, towel, tableware and cutlery, bowl, mug, spoon; 4) personal hygiene products; 5) clothes of the established sample according to the season in the absence of one's own; 6) books and magazines from the library of the pre-trial detention center. The suspect or the accused is given the opportunity to bathe for at least 15 minutes at least once a week. suspect or Defendants, at their request, are given writing materials (paper, ballpoint pen) for writing proposals, statements and complaints. In order to prevent infectious diseases, persons admitted to a pre-trial detention center may be placed in quarantine cells for up to 14 days, unless otherwise required for medical reasons. Thus, the conditions and regime of detention of suspects and accused persons comply with the law. 33. TYPES OF CORRECTIONAL INSTITUTIONS One of the most severe and at the same time common types of criminal penalties provided for by criminal law, is deprivation of liberty, which is the forced isolation of the convicted person in correctional facilities specially designed for this purpose. Correctional institutions are specialized bodies of the state that execute sentences in the form of deprivation of liberty for a certain period and life imprisonment, which together form a system of serving a sentence of deprivation of liberty. Correctional facilities include: - correctional colonies; - educational colonies; - prisons; - medical correctional institutions. Investigation isolators perform the functions of correctional institutions in relation to convicts left to perform housekeeping work, as well as in relation to convicts for a period not exceeding six months, left in a pre-trial detention center with their consent. Correctional colonies are subdivided into colonies-settlements, correctional colonies of general regime, correctional colonies of strict regime, correctional colonies of special regime. The men are serving prison sentences: - in colonies-settlements - persons convicted of crimes committed through negligence, as well as sentenced to imprisonment for committing intentional crimes of small and medium gravity, who have not previously served imprisonment. Taking into account the circumstances of the commission of the crime and the identity of the perpetrator, the court may appoint the said persons to serve their sentences in correctional colonies of general regime, indicating the motives for the decision; - in correctional colonies of general regime - persons sentenced to imprisonment for the first time for committing serious crimes, who have not previously served imprisonment; - in correctional colonies of strict regime - persons sentenced to deprivation of liberty for committing especially grave crimes, who have not previously served deprivation of liberty, as well as in case of relapse or dangerous relapse of crimes, if the convicted person served deprivation of liberty; - in correctional colonies of a special regime - persons sentenced to life imprisonment, convicts whose death penalty was replaced by pardon by deprivation of liberty, as well as in case of especially dangerous recidivism of crimes; - in prison - persons sentenced to imprisonment for committing especially grave crimes for a period of more than five years, as well as in case of especially dangerous recidivism of crimes. Women are serving sentences in the form of imprisonment: - in colonies-settlements - persons convicted of crimes committed through negligence, as well as those sentenced to imprisonment for committing crimes of small and medium gravity, who have not previously served imprisonment; - in correctional colonies of general regime - persons sentenced to deprivation of liberty for committing grave and especially grave crimes, including in case of any type of recidivism. Juveniles serve their sentences in educational colonies. Thus, those sentenced to deprivation of liberty serve their sentences in correctional institutions within the territory of the subject of the Russian Federation in which they lived or were convicted. Article 34 The law establishes the requirement for mandatory separate detention in correctional institutions of various categories of convicts. The following categories of convicts are kept separately in correctional institutions: - men and women, with the exception of colonies, settlements, in which convicted men and convicted women can be kept in the same colony; - adults serving their sentences separately from minors; at the same time, it must be taken into account that the joint detention of minors and persons who have reached the age of majority is possible if they are left in an educational colony by order of the head of the educational colony, sanctioned by the prosecutor, until they reach the age of 21; - male minors from female minors; - men who are serving a sentence of imprisonment for the first time, from convicts, previously served imprisonment; - convicted men for especially serious crimes from those convicted of other crimes; - Convicted with especially dangerous recidivism of crimes, dangerous recidivism, sentenced to life imprisonment, convicts whose death penalty was commuted by way of pardon to deprivation of liberty for a certain period, from other categories of convicts; - convicted of crimes, committed by negligence, from other convicts; - convicted foreign citizens and stateless persons, as a rule, separately from citizens of Russia, with the exception of citizens of the CIS countries. There is an exception to the above classification - the requirements for separate detention do not apply to medical correctional institutions, as well as correctional colonies that have children's homes. In medical correctional institutions, in isolation from other categories of convicts, the following are kept: convicts with especially dangerous recidivism of crimes; persons whose death penalty has been replaced by deprivation of liberty by way of pardon; sentenced to life imprisonment; convicted of especially serious crimes. It should also be noted that minors are kept separately, women are held separately from men. Convicts who have committed crimes in complicity serve their sentences, as a rule, separately. The law provides separate correctional institutions for convicts - former employees of courts and law enforcement agencies. This provision ensures the realization of the right of convicts to personal security. This circumstance is connected with the prevention in places of deprivation of liberty of manifestations of revenge by individual convicts against former employees of the courts and law enforcement agencies for the past activities of civil servants in the field of justice, public order and public safety. Other convicts may also be sent to the institutions mentioned above: officers of the senior and senior staff of the Armed Forces, Border and Internal Troops of Russia, employees of state apparatuses, former deputies of the State Duma. 35. RECEPTION AND TRANSFER OF PRISONERS Convicts are sent to serve their sentences no later than 10 days from the date of receipt by the administration of the pre-trial detention center of a notice of the entry into force of the sentence. During this period the convicted person has the right to a short visit with relatives or others. Administration of the pre-trial detention center is obliged to notify one of the relatives of the choice of the convict, where he is sent to serve his sentence. Those sentenced to deprivation of liberty are sent to the place of serving the sentence and move from one place of serving a sentence to another under escort and special transport - road, rail, water and only in some cases by air. The movement of convicts under escort is carried out with observance of the separate detention of men and women, minors and adults sentenced to death, convicted of committing a crime in complicity and other categories of convicts. convicts, patients with an open form of tuberculosis or who have not completed a full course of treatment for a venereal disease, convicts suffering from mental disorders, not excluding sanity, - separately from healthy convicts, and if necessary, at the conclusion of a doctor, accompanied by medical workers. When moving convicts, they create the necessary material and household и sanitary and hygienic conditions, they are provided with clothing according to the season, as well as food according to the norms established for convicts for the entire period of travel. Reception of convicts to a correctional facility is carried out by an operational duty officer in the prison, an assistant on duty to the head of the prison, in an educational colony - on duty assistant to the head of the colony and an employee of a special department of the institution. During the reception of convicts, employees of the institution check the availability of personal files and establish their belonging to the arrived convicts, check the presence of the necessary documents in the personal files. A medical worker of an educational colony conducts an external examination of convicts in order to identify their bodily injuries. Convicts who arrive at a correctional institution, after clarification of the data, are subject to a full search, and their belongings are examined. During the day, convicts undergo a medical examination, complete sanitization and placed in a quarantine department, where they are placed under medical supervision for up to 15 days. While in it convicts get acquainted with the procedure and conditions for serving sentences, with their rights and obligations established by the legislation of the Russian Federation and the Internal Regulations of the institution, are warned about liability for violation of the regime for serving sentences. In addition, they explains the use of technical means of supervision and control, and in cases provided for by law, physical force, special means and weapons. Thus, the decision on the distribution of convicts into detachments, departments, cells, taking into account their personal characteristics, involving them in work, training in the system of general and vocational education, is made by the commission of the correctional institution, headed by its head. Article 36 Persons sentenced to deprivation of liberty may be left in a pre-trial detention center or prison permanently. only if they themselves agree to the term of serving a sentence for the performance of housekeeping work or temporarily, if necessary, and the performance of investigative actions as a witness, victim, suspect, accused, if necessary, his participation in the trial of a crime committed by another person, as well as in the case of bringing the convicted person to criminal liability in another case, if a measure of restraint in the form of detention has been chosen in respect of him. Leaving convicts sentenced to deprivation of liberty in a pre-trial detention center or prison for housekeeping work due, first, characteristics of the contingent of persons held in these institutions; Secondly, the impossibility of involving prisoners and convicts serving sentences in prison to work on housekeeping. Can't attract to similar work and convicts serving sentences in prison, where persons who have committed especially grave crimes, as well as convicts transferred to prison for violating the established procedure for serving sentences in correctional colonies of general, strict and special regimes, are kept. To perform this type of work in the above-mentioned correctional institutions, only those convicts who are: - sentenced to imprisonment for a term of not more than five years can be retained for the first time; - sentenced to serve a sentence in the form of deprivation of liberty in correctional colonies of general regime; - agreed in writing to stay in these institutions to perform maintenance work; - prior to the entry into force of the verdict, they were kept in the pre-trial detention center in which they remain to perform housekeeping work. The administration of a pre-trial detention center or prison, when resolving issues related to leaving convicts to perform housekeeping work, it should comprehensively study the personality of such persons, since work requires a stable position, a certain immunity from the negative influence of persons who have not committed a crime for the first time, and persons who have committed serious crimes. The procedure and conditions for serving a sentence convicts left in pre-trial detention centers or prisons to perform housekeeping work are identical for persons serving a prison sentence in correctional colonies of general regime (Articles 120, 121 of the Penal Code of the Russian Federation). These convicts are kept separately in unlocked common cells from other persons and may be in ordinary, light and strict conditions of serving a sentence. In the period serving a sentence in a detention center the convict can change his mind and apply to the administration of the pre-trial detention center with a request to send him to continue serving his sentence in a general regime colony, and the request must be granted. Thus, the law allows the convict to be left in a pre-trial detention center or prison if the prison functions as a pre-trial detention center when it is necessary to carry out investigative actions or consider a crime committed by another person in court. 37. CHANGING THE TYPE OF CORRECTIONAL INSTITUTION In the process of serving a sentence in the form of deprivation of liberty, the type of correctional institution may be changed for convicts depending on their behavior and attitude to work. Changing the type of correctional facility carries out the court at the place of serving the sentence on the proposal of the administration of the institution. Such transfers can be aimed at facilitating the conditions for serving a sentence for convicted persons - transfer from prison to penal colony and from a penal colony to a colony-settlement, and to tighten them. A change in the type of correctional institution, providing for the improvement of the conditions for serving a sentence, is carried out by the court on three grounds: 1) good behavior of the convict; 2) conscientious attitude of the convict to work, training; 3) serving by the convict of the term of punishment established by law. The conclusion about the good behavior of the convict follows from the psychological and pedagogical indicators that require an individual approach to assessing the personality of the convict. Conscientious attitude to work and training can be expressed in the fulfillment or overfulfillment of production standards or established tasks, observance of labor discipline, and the desire to obtain a general and vocational education. From correctional colonies of general regime convicts can be transferred to a colony settlement - after serving convicts in lighter conditions of detention, at least 1/4 of the term of punishment. From strict regime correctional colonies, on the same grounds, convicts can be transferred to a settlement colony - after they have served at least 1/3 of the term punishment, if the convict is serving a sentence in light conditions of detention. Convicts who were previously released on parole from imprisonment and committed new crimes during the period of the remaining part of the sentence, with good behavior and a conscientious attitude to work, can be transferred to a colony-settlement after serving at least 1/2 of the term of punishment, and those convicted of committing especially serious crimes - after serving at least 2/3 of the sentence. If there is a combination of the three grounds mentioned above, it is possible to transfer the convict from prison to a correctional colony - after the convict has served time in prison at least 1/2 of the term, appointed by court order. The replacement of imprisonment with detention in a correctional colony does not apply to convicts transferred to prison for malicious violation of the established procedure for serving sentences. From a correctional colony of special regime, convicts can be transferred to a correctional colony of strict regime - after serving half of the sentence. Not subject to transfer to a colony-settlement: - convicts with especially dangerous recidivism of the crime; - those sentenced to life imprisonment in the event that this type of punishment is replaced by pardon by deprivation of liberty for a certain period; - convicts whose death penalty has been replaced by deprivation of liberty by way of pardon. In this way, there is a clear fixed list of persons sentenced to imprisonment, who can change the type of correctional institution. 38. BASIC REQUIREMENTS OF THE REGIME IN CORRECTIONAL INSTITUTIONS Regime in Correctional Institutions - this is the procedure for the execution and serving of imprisonment, established by law and relevant regulatory legal acts, ensuring the protection and isolation of convicts. In turn, this is constant supervision of them, the fulfillment of the duties assigned to them, the realization of their rights and legitimate interests, the personal safety of convicts and staff, the separation of different categories of convicts, different conditions of detention depending on the type of correctional institution, changing the conditions for serving sentences. All of them are the main requirements of the regime. The fulfillment of these requirements is ensured primarily by means of coercion, the force of law, the state, the entire system of protection, supervision and control. At the same time regime contains a number of requirements, the implementation of which is also enforced, but this is due not to the tasks of punitive action, but, first of all, to the concern for ensuring the safety of the convicts themselves, staff and other persons visiting correctional institutions, and the need to prevent offenses. Convicts wear uniform uniforms. Convicts, as well as the premises in which they live, may be searched, and the belongings of convicts may be searched. A personal search is carried out by persons of the same sex as the convicts. Prohibited items, substances and products are transferred for storage or destroyed by order of the head of the correctional institution. The administration of the correctional institution has the right to inspect those who are on the territory of the correctional institution and on the territories adjacent to it, persons, things, vehicles, as well as to seize prohibited things and documents. material rules, defining the content and features of the regime, as well as its basic requirements, suggest the presence of a complex that regulates the legal mechanism for implementing the regime. The procedural system also includes norms, establishing the means of ensuring the regime in correctional institutions, they are addressed to all subjects of penitentiary relations, but primarily to the administration of these institutions. Facilities provision of the regime are not included in its content, their purpose is to ensure compliance with the procedure and conditions for the execution and serving of sentences by all subjects and participants in criminal-executive legal relations. These funds can be divided into two groups: general and special. The mode is provided first of all compliance with its requirements by staff correctional institutions, which in its activities must create conditions for the prevention of violations of law and order and legality in places of deprivation of liberty, the rights and legitimate interests of convicts. Strict compliance with the law correct behavior and pedagogical tact create the necessary prerequisites for ensuring the regime, compliance with its requirements on the part of convicts. Thus, the freedoms and legitimate interests of convicts ensure their legal protection and personal security (part 1 of article 10), and convicts have the right to polite treatment by staff who are prohibited from subjecting convicts to cruel or degrading treatment (part 2 of article 12). . XNUMX). 39. TECHNICAL MEANS OF SUPERVISION AND CONTROL Under the supervision of institutions and bodies executing punishment, it should be understood a system for monitoring and verifying the compliance of their activities with the requirements of the penitentiary legislation and other regulatory legal acts in order to identify and eliminate existing violations and prevent them in the future. Institutions and bodies executing punishments, types and procedures for monitoring their activities in the implementation of punishment are defined in chapter 3 of the Criminal Executive Code, at the same time, the Code regulates the technical means of supervision and control. Along with security convicts are monitored around the clock, carried out as a special security service, and all the staff of a correctional institution that implements the unified regime and pedagogical requirements developed and established in this institution. In supervision for convicts The security service also participates which is now completely under the control of the correctional facility. Supervision of convicts is carried out ubiquitous: in living quarters and at work, during sleep and personal time, in the canteen, library, store, medical unit and other places where at least one convict is located. These functions are performed special security service. Administration Correctional institutions have the right to use audiovisual, electronic and other technical means of supervision and control to prevent escapes and for other purposes. Recently, technical means have been used primarily to prevent and stop the escape of convicts. They protected the borders of the zone from attempts to cross both on the ground and underground. Then technology has been widely used for the detection of various objects (especially metal), industrial television, various locking devices, communication and warning systems and other electronic devices, with the help of which it was possible to more effectively monitor and control the behavior of convicts, more reliably ensuring both their safety and the safety of personnel . Are widely used remote control devices, especially on opening doors in punishment cells, in cell-type premises and similar facilities, which is essential increases the reliability of protection and supervision, regulates the possibility of an offense on the part of convicts, and also does not allow to enter a specially protected room without control. A well-established and reliably functioning system of technical means ensures high efficiency of supervision over the behavior of convicts in residential and industrial premises, in local areas when holding various kinds of mass events of a cultural, educational or sports nature, especially when there are many guests, relatives, it helps to identify cases of unlawful contacts of convicts with other persons, to prevent cases of transfer of prohibited items. Thus, the administration is obliged, against receipt, to notify convicts about the use of audiovisual, electronic and other technical means of supervision and control in order to prevent escapes and other crimes, violations of the established procedure for serving sentences, and obtain the necessary information about their behavior. 40. OPERATIONAL SEARCH ACTIVITY OF CORRECTIONAL INSTITUTIONS In accordance with the legislation of the Russian Federation in correctional institutions investigative activities are carried out. Operational-search activity of correctional institutions performs the following tasks. First task aimed at ensuring the personal safety of convicts. Second task - Ensuring the safety of personnel of correctional institutions and other persons. Third task - identification, prevention and disclosure of crimes being prepared and committed in correctional institutions and violations of the established procedure for serving sentences. The fourth task - search in accordance with the established procedure for convicts who have escaped from correctional institutions, as well as convicts who evade serving a sentence of imprisonment. Fifth task - assistance in identifying and solving crimes committed by convicts before arrival at the correctional facility. Operational-search activity is carried out with the help of search activities, with the help of which the above tasks are solved: a survey of citizens; inquiry; collection of samples for comparative study; test purchase; research of objects and documents; observation; identification of the person; inspection of premises, buildings, structures, terrain and vehicles; control of postal items, telegraphic and other messages; listening to telephone conversations; removal of information from technical communication channels; operational implementation; controlled delivery; operational experiment. В during the conduct of operational-search activities используются Information Systems: 1) video and audio recording; 2) filming and photography, as well as other technical and other means that do not harm the life and health of people and do not harm the environment. Each penitentiary has an operations department with a dedicated staff and technical equipment. Protection of convicts and supervision over them is carried out by the staff of correctional institutions. The tasks of protection and supervision are to ensure the safety of objects of correctional institutions, the prevention and suppression of crimes and other offenses by convicts, as well as other persons. Therefore, that the organization of protection and supervision of convicts is regulated by the Criminal Executive Code, regulatory legal acts adopted by the Government of the Russian Federation and the Ministry of Justice of Russia. Operational-search activity in correctional institutions as a means of providing regime under Art. 84 of the Criminal Executive Code is carried out in order to create conditions for the personal safety of convicts, personnel of these institutions and other persons; detection, prevention and disclosure of crimes being prepared and committed in places of deprivation of liberty and violations of the established procedure for serving sentences. The procedure for carrying out operational-search activities in correctional institutions is regulated by the Federal Law of July 5, 1995 "On operational-search activities". 41. REGIME OF SPECIAL CONDITIONS IN CORRECTIONAL INSTITUTIONS The regime of special conditions is the most important means of ensuring the regime for the execution of serving a sentence. In part 1 of Art. 85 PEC an exhaustive list of grounds for introducing a regime of special conditions is given, since this entails a significant restriction of the rights and freedoms of not only convicts, but also, to a certain extent, citizens located at the facilities of correctional institutions and territories adjacent to them. Special conditions mode is introduced when a state of emergency, military and special situation has been established in the area where the correctional facility is located, as well as in the event of mass riots in a correctional institution or group disobedience of convicts. In this way, two groups of grounds for introducing a regime of special conditions can be distinguished: an external state of emergency, military or special situation and internal commission of crimes with the participation of a large group of convicts. During the period of the regime of special conditions, the implementation of certain rights of convicts provided for Art. 89-97 PEC: the purchase of food products by convicts, the provision of visits to them, the receipt of parcels and parcels, correspondence, telephone conversations. In the event of natural disasters, the introduction of a state of emergency, special or martial law, mass riots, as well as in case of group disobedience of convicts in a correctional institution, a regime of special conditions for up to 30 days may be introduced by decision of the Minister of Justice of the Russian Federation. Natural disasters can be natural - earthquakes, floods, tornadoes, hurricanes and man-made - various types of accidents and disasters. A state of emergency, special or martial law is introduced by the President of the Russian Federation in cases provided for by the Constitution and federal laws on a state of emergency, special or martial law with the approval of the Federation Council of the Federal Assembly of the Russian Federation. At the same time, it should be borne in mind that, in the event of the scale and severity of the consequences, natural disasters can serve as the basis for the introduction of a state of emergency or special situation. Mass riots are expressed in the refusal to comply with the requirements by large groups of convicts, in pogroms, beatings, murders of unwanted convicts, staff members and other persons, as well as in a number of similar actions. Group disobedience of convicts is also expressed in the refusal to fulfill the demands placed on them or a certain part of them, but they manifest themselves in a less aggressive form and are not associated with the above actions - pogroms, arson, murders. Significantly smaller groups of convicts participate in them, although cases of participation of large masses of convicts are not excluded, such as, for example, when declaring hunger strikes. In case of occurrence direct threat to the life and health of convicts, personnel and other persons, the head of the correctional institution may introduce measures provided for by the regime of special conditions on his own with the immediate notification of the official authorized to make such a decision. During the period of the regime of special conditions in correctional institutions, the activities of production, communal, cultural, educational and other services may be limited. With the exception of medical and sanitary, the work of industries, schools, shops, clubs, libraries has been suspended; a reinforced version of protection and supervision was introduced, a special procedure for access to facilities; the daily routine was changed, the departure of convicts was prohibited, and the exercise of some other rights of convicts was also suspended. In this way, the regime of special conditions is associated with significant restrictions both for convicts and for the work of the correctional institution itself. 42. SECURITY MEASURES AND REASONS FOR THEIR APPLICATION Security measures are applied in case of: - resistance to the personnel of correctional institutions, malicious disobedience to the lawful demands of the personnel; - manifestations of violence, participation in riots, hostage-taking; - attacking citizens or committing other socially dangerous actions, as well as when convicts who escaped from correctional institutions escape or are detained in order to suppress these unlawful actions; - to prevent these convicts from causing harm to others or themselves. Physical force, special means and weapons are used. When applying them, correctional officers are required to: - warn of the intention to use them, providing sufficient time to fulfill their requirements, except in cases where delay creates an immediate danger to the life and health of staff, as well as convicts, or when such a warning in the current situation is inappropriate or impossible; - to ensure the least harm to convicts, the provision of medical assistance to the injured; - report to the immediate superior on each case of the use of physical force, special means or weapons; - in the absence of special means or weapons, employees of the penitentiary system have the right to use any means at hand; - in case of injury or death of convicts or other persons as a result of the use of physical force, special means or weapons, the head of the correctional institution is obliged to inform the prosecutor about this. The use of special means and gas weapons Employees of the penitentiary system can use special means in the following cases. 1. To repel an attack on correctional workers, convicts and other persons. 2. To suppress riots, group violations of public order; detention of an offender who has malicious disobedience or resistance to employees of a correctional institution. 3. For the release of hostages, seized buildings, structures and vehicles. 4. When convoying and guarding convicts, when by their behavior they give reason to believe that they can escape, cause harm to others or themselves. 5. For the detention and return of convicts who have escaped from custody or from a correctional institution. as special means used: rubber truncheons, handcuffs, in the absence of handcuffs - improvised means of binding, light and sound means of distraction. Firearms are used: 1) to protect against attack, threatening life and health citizens; 2) to repel an attack that threatens the life and health of workers Correctional Institution, convicts and other persons, as well as to repel an attack in order to seize weapons; 3) for the release of hostages, seized buildings, buildings, premises and vehicles. Thus, employees of the penitentiary system within 24 hours from the moment of its use are obliged to report on each case of the use of weapons to the immediate superior or the head of the police department at the place of use of the weapon. 43. RIGHTS AND OBLIGATIONS OF PRISONERS Rules of conduct for convicts sentenced to deprivation of liberty, their rights, obligations and prohibitions are enshrined in the Internal Rules of Correctional Institutions, approved by the Order of the Ministry of Justice of the Russian Federation of July 8, 2002. In contrast to the rights and obligations prescribed in the law in general, the rights and obligations of those sentenced to imprisonment are regulated in exceptional detail - this is due, among other things, to the desire to have additional guarantees of ensuring the rule of law in the execution of imprisonment. Persons sentenced to deprivation of liberty have the right to: receive information about their rights and obligations, manage personal time provided for by the daily routine, without violating the established rules of conduct; to courteous treatment by the staff of the institution, to the protection of health and personal safety; participate in cultural and sports events, use the library, board games; to join amateur organizations of convicts; use the services of lawyers, as well as other persons entitled to legal assistance; apply with proposals, applications and complaints to the administration of the institution, to the higher bodies of the penitentiary system, the court, the prosecutor's office, state authorities and local self-government bodies, public associations, as well as to interstate bodies for the protection of human rights and freedoms, if all available domestic remedies for convicts. Condemned guaranteed freedom of conscience and freedom religion. The exercise of the right to freedom of conscience and freedom of religion is voluntary. RџSЂRё exercising the rights of convicts, the procedure and conditions serving sentences, as well as infringing on the rights and legitimate interests of other persons. When determining the legal status of those sentenced to deprivation of liberty, it is of fundamental importance, first of all, to fix their obligations in the law. These requirements arise from the obligation to execute the court's sentence on the application of punishment, which the convict himself must fulfill with all the hardships and hardships, shame and inconvenience, the loss of certain benefits and opportunities, and many other negative consequences. Those sentenced to deprivation of liberty must: comply with the requirements of the internal regulations of the correctional institution; comply with the daily routine established in the correctional institution; appear when called by the administration, give written explanations at its request regarding facts of violation of the established procedure for serving a sentence and other grounds; undergo a medical examination in order to timely detect infectious diseases, as well as identify facts of use of alcohol, narcotic and potent (toxic) substances; treat the property of the correctional institution and other types of property with care; comply with fire safety rules; treat work and study conscientiously, keep living quarters, workplaces, clothes clean and tidy, make the bed according to the established pattern; monitor the presence and condition of individual plates on beds, bedside tables and duffel bags in squad premises where their personal belongings are stored; observe the rules of personal hygiene, have a short haircut on the head, for men - a short trim of the beard and mustache, store food and personal items in specially equipped places and premises. In this way, the rights and obligations of prisoners are regulated by the Penitentiary Code and other legislative acts. Article 44 Conditions for serving a sentence - these are certain stages of the correction of the convict, at which, depending on the regime of the correctional institution, the personality of the convict and his behavior, the legal restrictions provided for by the penitentiary legislation increase or decrease. The essence of the institution of changing the conditions of detention of those sentenced to deprivation of liberty is to change their legal status, in particular, the scope of rights, both in the direction of weakening legal restrictions, and in the direction of strengthening the latter. Under the change of conditions of detention within the same correctional institution is understood simultaneous increase or decrease all benefits provided by law related to the transfer to improved conditions or stricter detention in colonies of general, strict and special regimes, in prisons, educational colonies of general and enhanced regimes. For this purpose, the PEC provided for a three-stage system of serving sentences in correctional colonies - ordinary, light and strict conditions of detention, and in educational colonies - a four-stage system (ordinary, light, preferential and strict conditions of detention). In prisons - general and strict types of regime. The usual conditions are basic. Depending on the behavior of convicts, it is possible for them to be transferred to facilitated conditions, where they the right to spend additional funds to purchase food and basic necessities, receive parcels, transfers and parcels, as well as short and long dates; or to strict conditions, where, on the contrary, the scope of the listed rights of convicts is reduced while simultaneously keeping them in a locked room. The Penal Code allows re-transfer from strict conditions of serving a sentence to ordinary ones. Serving sentences by convicts is based on two most important requirements of the regime: - the maintenance of convicts during the entire term of punishment in one correctional institution (Article 81); - changing the conditions of their detention while serving a sentence (Article 78, Part 1, Article 82). The essence of the institution of changing the conditions of detention of convicts is changing their legal status, in particular, the scope of rights, both in the direction of weakening legal restrictions, and in the direction of strengthening the latter. Changing the conditions of detention of convicts implemented in two forms: 1) within one type of correctional institution (articles 87, 120, 124, 127, 130 and 132 of the PEC); 2) by transfer from one correctional institution to another (article 78 of the PEC). A change in the conditions of detention within the same correctional institution is understood as a simultaneous increase or reduction in the benefits provided by law associated with the transfer to improved or stricter conditions of detention in colonies of general, strict and special regimes, in prisons with general and strict regimes, in educational colonies. In this way, a change in the conditions of detention is the result of an assessment of not only a one-time act, but also a system of behavior: the absence of penalties and a conscientious attitude to work for a certain time: from six months to one year, depending on the type of correctional institution. 45. CONDITIONS OF CONTAINMENT OF CONFIRMED IN CORRECTIONAL INSTITUTIONS Those sentenced to deprivation of liberty can purchase food and basic necessities without restriction by bank transfer at the expense of funds earned during the period of serving the sentence, as well as at the expense of received pensions, social benefits and money transfers. The rate of spending money can be increased within the established minimum wages convicts who exceed the production norms or exemplarily perform the established tasks in hard work or work with harmful or dangerous working conditions, as well as in enterprises in the Far North and areas equivalent to them. Convicted pregnant women, women, disabled persons of group II or III, who have children with them, as well as convicts who are in medical correctional institutions, can purchase food and basic necessities at the expense of funds available on their personal accounts, without restriction. To ensure the rights of convicts for the purchase of food and supplies special stores operate in correctional facilities. convicts, located in prisons and cell-type premises colonies, they do not visit the store themselves, and order goods through employees of institutions in special application forms. Such purchases are made twice a month. Persons sentenced to deprivation of liberty are granted short-term visits lasting 4 hours and long visits lasting three days on the territory of the correctional institution, and in educational colonies - long visits with accommodation outside the correctional institution lasting five days. Number of dates set depending on the type of correctional institution and conditions of detention. A short-term visit is provided with relatives or other persons in the presence of a representative of the administration of the correctional institution. Long date granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, and with the permission of the head of the correctional institution - with other persons. Meetings with other persons are permitted only if, in the opinion of the administration, this person will not have a negative impact on the convicted person. Convicts, at their request, are allowed to replace a long visit with a short-term one, short-term and long-term visits with a telephone conversation, and in correctional colonies a long-term visit with accommodation outside the correctional institution - short date with access outside the educational colony. If there are sufficient grounds to believe that the person who has arrived for the meeting intends to hand over prohibited items to the convict, products or substances a representative of the administration of the correctional institution announces to the person that he will be granted a visit only if he agrees to inspect his belongings and clothes. In this way, the conditions of detention in correctional facilities comply with the law and international standards. 46. MATERIAL AND HOUSEHOLD SUPPLY OF CONDEMNED TO DEPRISONING OF FREEDOM The material and welfare provision of convicts includes a complex of housing and living conditions, clothing allowance, food, communal and commercial services. The standard living space per convict in correctional colonies cannot be less than 2 square meters. m, in prisons - 2,5 sq. m, in women's colonies - 3 sq. m, in educational colonies - 3,5 sq. m; in medical correctional institutions - 3 sq. m, in treatment and preventive institutions of the penal system - 5 sq. m. On the territory of the correctional institution there are living quarters of dormitories, a canteen, a club, a medical unit, lockers for storing personal belongings, visiting rooms, dryers, workshops for repairing clothes and shoes, chamber-type premises, a local prophylactic section, a radio center, a checkpoint room, parade ground, church or chapel and other objects. Washbasins, toilets, rest rooms are equipped in residential premises. In the cold season, they are heated, the air temperature is set at 18-20 °C. The territory of the correctional institution is surrounded by a single fence. Convicts are provided with an individual bed and bedding, a bedside table for two convicts; on the back of the bed a bed tag is hung out indicating the data of the convict: last name, first name, patronymic, article, term. At least once a week washing of convicts in a bathhouse with a change of linen and bedding is organized. Convicts are provided with seasonal clothing, personal hygiene products: soap, toothbrush, toothpaste or powder, toilet paper, disposable razors. Three meals a day are provided. Convicts who do not work for reasons beyond their control, who do not receive pensions, are provided with food and basic necessities at the expense of the state. Convicts who receive a salary or pension are reimbursed for the cost of food, clothing, utilities and personal hygiene products. From convicts who evade work, these expenses are deducted from the funds available on their personal accounts. Convicts released from work due to illness, pregnant women and nursing mothers are provided with food free of charge. Convicts held in educational colonies, as well as disabled persons of groups II and III, food, clothing, utilities and personal hygiene products are provided free of charge. Pregnant women, nursing mothers, minors, invalids of groups II and III and the sick are provided with improved living conditions and increased nutritional standards. In correctional institutions where women serve their sentences, having children, children's homes are organized in which children of convicts are placed in under the age of three. Convicts can communicate with them in their free time without restrictions. They may be allowed to live with children. With the consent of convicted women, their children can be handed over to relatives, and with the permission of the guardianship and trusteeship authorities - to other persons. Thus, the material and living conditions of convicts sentenced to deprivation of liberty meet the requirements and do not contradict the law. Chapter 47 The criminal executive legislation of the Russian Federation establishes two types of material liability of convicts for harm caused to the state, individuals and legal entities in the performance of their labor duties, other actions of convicts. There are cases in correctional institutions when convicts cause material damage to the state, as well as to individuals and legal entities. After what they have done, they are subject to liability. The grounds for such liability do not differ from the existing rules for free citizens. In the first case, the amount of damages to be compensated is determined in accordance with labor legislation, in the second - in accordance with civil law. In accordance with labor legislation, in turn, two types of liability are distinguished: full and limited. Full financial liability comes for damage: - caused by the criminal actions of the employee, established by a court verdict; - caused by shortage, deliberate destruction or damage to materials, semi-finished products, products, tools, measuring instruments, overalls; - caused by an employee who is in a state of intoxication. As a general rule, the material liability of an employee is limited to the average monthly earnings. In this case deductions are made by order of the head correctional institution, issued no later than two weeks from the date of detection of damage and addressed to execution no earlier than seven days from the date of notification of this to the convict. Liability according to civil law for harm caused by convicts not in connection with their labor activity, occurs in full, i.e., not only direct damage, but also lost income is subject to recovery. Moreover, the recovery of this damage is not limited to the average monthly earnings of the convict. Compensation for damage is carried out regardless of bringing the convict to disciplinary, administrative or criminal liability. The convict must compensate for the damage caused to the correctional institution, additional costs associated with the suppression of his escape. This damage may include cost of destroyed barriers, fences, technical means, transport, as well as those expenses that had to be borne in connection with the search activities, the detention and delivery of the convicted person to the correctional institution. Convicted persons are also required to reimburse expenses related to their treatment, in case of intentional harm to their health. The treatment of such persons is carried out at their expense, the recovery of the cost of treatment is carried out in accordance with civil law. If, at the end of the term of punishment, material damage has not been recovered, the administration files a claim in civil proceedings. Incorrectly withheld amounts for the caused material damage are subject to return to the convict with crediting to his personal account. Thus, when material damage is caused during the commission of a crime while serving a sentence, a civil claim may be brought against the perpetrator, which is considered together with a criminal case, in other cases the claim is brought in civil proceedings. 48. INVOLVEMENT TO LABOR Each convict is obliged to work in places and at work determined by the administration of correctional institutions. The main goal of organizing labor in places of deprivation of liberty is correction of convicts. This is an important feature of the humanism of the penitentiary policy of the state. According to Art. 9 of the Penal Code of the Russian Federation, labor acts as one of the main means of correcting convicts. Convicts are involved in labor taking into account gender, age, ability to work, state of health and, if possible, specialty. Convicts are involved in labor at enterprises of correctional institutions, at state enterprises or enterprises of other forms of ownership. Convicted men over 60 years of age, women over 55 years of age, invalids of II and III groups are involved in labor at their request. Juvenile convicts are involved in labor in accordance with the legislation of the Russian Federation on labor. Convicts have the right to engage in individual labor activity. At the same time, they are prohibited from manufacturing or repairing any types of weapons, ammunition, explosives, pyrotechnic products, manufacturing and selling narcotic, potent and poisonous substances, processing ore, precious metals, radioactive or rare earth elements, treating patients suffering from dangerous infectious, oncological, mental diseases in an aggressive form, production liquor and tobacco products, production of orders, medals, production of sharp points, piercing and cutting objects, repair and production of copying, telephone, radio and telefax equipment. In addition to limiting the types of self-employment convicts, there are restrictions on the types of work and positions in which the use of their labor is prohibited. It is forbidden to use convicts in the services, departments, departments for the execution of punishments, other divisions of the Ministry of Justice, in military headquarters and divisions where personnel are stationed, there are weapons, official documents. Are forbidden also work of convicts with copying, radiotelegraph, telephone, telefax equipment. Convicts, with the permission of the head of the correctional facility, may establish limited liability companies under the following conditions: 1) the opportunity to engage in such activities; 2) profit from such activities is not less than one minimum wage; 3) the written consent of the convicts to engage in such activities. The administration is obliged provide the opportunity to engage in such activities by providing your current account, for the use of which certain interest is charged. The production activities of convicts should not interfere with the fulfillment of the main task of correctional institutions - the correction of convicts. Convicts are prohibited from leaving work to resolve labor conflicts, i.e. they are deprived of the constitutional right to strike. Refusal to work or its termination are malicious violations of the established procedure for serving a sentence and may result in the application of penalties and liability. Thus, convicts have the right to conduct labor disputes without stopping work and without refusing it. 49. LABOR CONDITIONS The working conditions of those sentenced to deprivation of liberty, with some exceptions, are regulated by labor legislation, primarily by the rules of labor protection, safety and industrial sanitation. The duration of the working time of convicts, the rules of labor protection, safety and industrial sanitation are established in accordance with the legislation of the Russian Federation on labor. Working hours for convicted persons should not exceed 40 hours per week: for persons employed in work with hazardous working conditions - 36 hours per week; for minors from 16 to 18 years old - 36 hours per week, from 14 to 16 years old - 24 hours per week. Working hours at night (from 22.00 to 06.00) are reduced by one hour. Students' working hours are reduced by half. Convicts lose the right to benefits associated with continuous work experience. However, the time of paid work is counted by him in the total length of service. When the convict systematically evades work three or more times corresponding period of time within a month given month is excluded by the decision of the administration from his total length of service. This decision can be challenged by the convict in court. Convicts are entitled to annual paid leave: - serving deprivation of liberty in other correctional institutions - 12 working days; - serving deprivation of liberty in educational colonies - 18 working days. Convicted persons who exceed the norms of output or exemplarily perform the established task in hard work, as well as in work with harmful or dangerous working conditions. For convicts working in enterprises located in the regions of the Far North and equivalent areas, or disabled people of groups II and III working at their own request, convicted men over 60 years old, women over 55 years old, the duration of annual paid leave can be increased to 18 working days, and for convicted minors - up to 24 working days. Wages convicts must be distinguished from the real amount of money that is credited to their personal account, since deductions are made from wages, pensions or other income to reimburse the costs of their maintenance, which include the cost of food, clothing, household services and personal hygiene products. Payroll deductions convicts are made in the following order: deduction of alimony, income tax, contributions to the Pension Fund and other mandatory deductions, including reimbursement of maintenance costs. Deductions on writ of execution and other writ of execution are made from the remaining amount in the manner prescribed by law. Vacation entitlement convicts receive after six months of work in a correctional institution, and the time the convict is kept in a punishment cell, a cell-type room, a single chamber-type room, solitary confinement does not count towards the period of leave. Specified holidays are provided with or without travel outside the correctional facility. In this way, these relations are regulated not only by the criminal executive legislation, but also by the Labor Code of the Russian Federation. Chapter 50 The work of convicts is paid in accordance with its quantity and quality according to the norms and rates in force in the national economy. The amount of wages of convicts, who worked fully defined for a month the norm of working hours and completed the established task, cannot be lower than the established minimum wage. Remuneration of labor of convicts with part-time work or part-time work week is made in proportion to the time worked by the convict and depending on production. For convicts with limited working capacity, the production rates may be reduced: 1) old age pensioners - by 10%; 2) disabled people of groups II and III, patients with tuberculosis - by 20%. The salary is credited to the personal account of the convict. He has the right to conclude insurance contracts, transfer money to the account opened by him account in Sberbank branches, purchase shares, bonds and other securities. Convicted persons may be involved without remuneration in work on the improvement of correctional institutions and the territories adjacent to them. Disabled people II and III groups, convicted men over 60 years old, women over 55 years old, pregnant women are involved in work without pay at their request. Convicts are involved in the specified works in order of priority in their free time. The duration of these works should not exceed 2 hours per week. At the request of the convicts, this duration can be extended but not more than for another 2 hours. increased by timerequired for their implementation. Thus, deductions are made from the wages, pensions and other incomes of convicts. These deductions are made from them in the following sequence: 1) alimony; 2) income tax; 3) contributions to the Pension Fund; 4) compensation to citizens for material damage caused to their property by a crime or an administrative offense; 5) compensation for material damage caused by a crime or an administrative offense to state or non-state enterprises, institutions and organizations, their associations, as well as public organizations; 6) compensation for material damage caused to the correctional institution; food cost; clothes; public utilities. Payroll deductions convicts are made in the following order: deduction of alimony, income tax, contributions to the Pension Fund and other mandatory deductions, including reimbursement of maintenance costs. Deductions on writ of execution and other writ of execution are made from the remaining amount in the manner prescribed by law. Regardless of all deductions, at least 25% of their accrued wages, pensions or other incomes are credited to the personal account of convicts: to the account of convicted men over 60 years old, women over 55 years old, disabled people of groups II and III, minors, pregnant women. To the personal account of women who have children in children's homes at correctional institutions - at least 50% of their wages, pensions or other income. 51. EDUCATIONAL WORK WITH CONDEMNED TO DESERVATION OF FREEDOM Educational work with convicts is aimed at correcting them, forming among convicts a respectful attitude towards a person, society, work, norms, rules and traditions of human society, to improve the educational and cultural level. These tasks are carried out in the course of organizing and directly conducting educational work with convicts. Participation of convicts in ongoing educational activities, it is taken into account when determining the degree of their correction, as well as when applying incentives and penalties to them. The participation of convicts in educational activities is mandatory for them. Educational work is carried out mainly in detachments. The forms of educational work are: - moral education; - legal education; - labor education; - physical education; - other education of convicts, contributing to their correction. The moral education of convicts is directed on the formation of the personality of convicts, their life position. The lack of stable moral principles leads the convict to crimes. Therefore, moral education is aimed at the formation of such qualities as honesty, decency, a sense of duty, patriotism, justice, compassion. In the recent past, educational work was idealized and had a pronounced political coloring. At present, there is no such orientation, but this does not mean that it is unnecessary to form the foundations of morality and morality, patriotism among the convicts. Recently, religious education has occupied a significant place in the moral education of convicts. In 1996, an agreement on cooperation was concluded between the Moscow Patriarchate of the Russian Orthodox Church and the Ministry of Internal Affairs of Russia. Based on this agreement the church, together with the administration of the correctional institution, participates in the correction of convicts. Joint activities for the correction of convicts are based on a voluntary basis and taking into account the specifics of the regime of the correctional institution and are designed to: - to promote the realization of the rights of believers who are serving sentences under a court verdict and are in pre-trial detention centers; - to provide favorable conditions for the clergy to conduct spiritual, moral and educational conversations, to perform divine services. specified agreement it is planned to organize training in the basics of the Orthodox faith for representatives of the administration of the correctional institution. In the service training system for employees of correctional institutions, a lecture course and optional classes are organized to study the role of religion in the history of the Russian state. By implementing educational impact on convicts, it is necessary to use the spiritual and moral potential of religious concessions traditional for Russia, such as Orthodoxy, Islam, Buddhism, and Judaism. In correctional institutions amateur art circles can be organized, amateur concerts of patronage and other organizations, as well as paid concerts at the expense of convicts, can be held. In this way, educational work with convicts is aimed at their correction, the formation of a respectful attitude towards the person, society. 52. INDIVIDUAL ORGANIZATIONS OF PRISONERS In correctional institutions, amateur organizations of convicts are created. Amateur organizations are voluntary public formations of persons serving a criminal sentence in the form of imprisonment. They are created in order to use the self-organization and self-government of convicts and the formation of healthy relationships among them. The convicts work in them on a voluntary basis and under the control of the administration. They do not enjoy any additional benefits, are not exempted from participation in labor processes and activities of a mandatory nature, and cannot have the authority of the prison administration. However, the participation of convicts in the work of amateur organizations is taken into account when determining the degree of their correction, is reflected in the characteristics when providing to parole, replacement of the unserved part of the punishment with a milder punishment, when the administration initiates a petition for pardon, as well as when applying incentive measures. The main tasks of amateur organizations of convicts are: - providing convicts with assistance in spiritual, moral and physical education; - development of a useful initiative of convicts; exerting a positive influence on the correction of convicts; participation in solving the issues of organization of work, life and leisure of convicts. In prisons and among convicts kept in cell-type premises, single premises of the chamber type, amateur organizations are not created. Any convict may be a member of an amateur organization upon his written application submitted to the council of the detachment. At meetings of members of amateur organizations of detachments, a detachment council is elected by a majority of votes, consisting of: the chairman of the council, heads of sections, as well as other convicts. At the council of the detachment, the following are created: - section of discipline and order; - production section. At a meeting of members of the council of detachments of the correctional colony, the council of the colony is elected by a majority of votes, consisting of: the chairman of the council, the editor of the wall newspaper, and section leaders. Under the council of the colony are created: 1) section of discipline and order; 2) council of foremen. Councils of the colony and detachments, their members have the right to petition the administration of the correctional colony and take part in resolving issues on the application of incentives and penalties to convicts, represent the interests of convicts, carry out public control and inform the administration of the colony about the observance of the rights and obligations by convicts. Convicts can create a material assistance fund. It is created on a voluntary basis at the expense of contributions from convicts withdrawn from their personal accounts on the basis of written applications, as well as funds earned by convicts on weekends. Transfers of patronage, religious, public and other organizations, individuals can be sent to the public fund of material assistance. Fund funds can be spent to provide financial assistance to convicts who are being released from punishment, convicts who do not have sufficient funds in their personal accounts, and their relatives, as well as to improve social and living conditions in a correctional colony and to encourage individual convicts. 53. GENERAL EDUCATION OF THE PRISONERS Correctional institutions organize compulsory basic general education for those sentenced to deprivation of liberty who have not reached the age of 30 years. For convicts who wish to continue their education in order to obtain a secondary, complete general education, the administration of the correctional institution creates the necessary conditions. Convicts over 30 years old, invalids of groups II and III receive basic general or secondary complete general education at their request. Classes in schools are held on the job, in shifts (During the day and evening). To pass exams, students are released from work, they are not paid wages for this period, meals are provided free of charge. The receipt by convicts of basic general and secondary full education is encouraged and taken into account when determining the degree of their correction. School teachers are actively involved in educational work with convicts, are members of the councils of educators of detachments. Convicts serving life imprisonment are not involved in general education, they conditions for self-education are created. Taking into account the available opportunities, the administration of the correctional institution assists convicts in obtaining secondary (complete) general education and professional higher education. The convict's right to labor leave can be used to grant leave during examinations. In correctional institutions mandatory primary vocational education or vocational training of convicts sentenced to deprivation of liberty, convicts who do not have a profession, a specialty in which the convict can work in a correctional institution and after his release from it, is organized. Convicted invalids of II and III groups, men over 60 and women over 55 can receive relevant vocational training if they wish. The attitude of convicts to receiving primary vocational education and training is taken into account when determining the degree of their correction. In correctional facilities, there are two types of vocational education: - training in vocational schools (vocational schools) and branches of the vocational education system; - on-the-job training in correctional facilities. Convicts serving life sentences receive vocational training directly at work. The convicts are trained on the job. The term of study in schools - from 6 months to 1 year, and for the most complex specialties - up to 1,5 years. Theoretical training in the vocational school is conducted in classrooms equipped with visual aids and equipment. Practical training is carried out in the workshops of the enterprises of the correctional institution under the guidance of masters or teachers. Training in vocational schools ends with exams. For their delivery, students are released from work for a period stipulated by labor legislation. They are not paid wages for this period, meals are provided free of charge. Thus, those who graduate from a vocational school are awarded a qualification and a certificate of the established form is issued. 54. MEASURES OF INCENTIVES APPLIED TO CONVENTED Taking into account the age of persons in educational colonies, the law establishes the specifics of applying incentives and penalties to them. For good behavior, a conscientious attitude to work, training, active participation in the work of amateur organizations and educational activities for The following types of incentives can be applied to convicts: - gratitude - is declared orally or in writing (other rewards are announced only in writing); - permission to receive an additional parcel or transfer - it may be allowed to receive up to four additional parcels or transfers during the year; - providing an additional short-term or long-term visit - up to four additional visits per year can be provided; - permission to additionally spend money in the amount of up to 25% of the minimum wage on the purchase of food and basic necessities - such an incentive can be applied to a convicted person who has the necessary funds for this in his personal account; - an increase in the walking time for convicts held in strict conditions of serving sentences in correctional colonies, cell-type premises, single cell-type premises and prisons, up to 2 hours for up to one month. Early withdrawal of a previously imposed penalty allowed not earlier than three months from the date of the beginning of serving the penalty in the form of a reprimand and a disciplinary fine and not earlier than six months from the date of the beginning of serving the penalty in the form of placement in a punishment cell, a cell-type room, a single cell-type room. It is also important to note the possibility of spending weekends and holidays outside the territory of the colony-settlement. It is important to note the transfer of convicts: 1) from prison to a correctional colony upon departure at least 1/2 of the term punishment; 2) from a correctional colony of general regime to a colony-settlement upon departure by convicts who are in light conditions of detention, at least 1/4 of the term of punishment; 3) from strict regime correctional colonies to a settlement colony - at least 1/3 of the term of punishment; 4) previously released on parole and who committed a new crime during the unserved part of the sentence - at least 1/2 of the term of punishment; 5) for committing especially serious crimes - at least 2/3 of the term of punishment. As practice shows, convicts highly value trust, practically do not use the way out of the colony for escapes or other illegal actions. In addition, this right is not granted to all convicts, but only to those who are positively characterized. In addition, possible attempts are prevented and suppressed not only by educators, but also by the convicts themselves, who are interested in trust from the administration of the colony, for the time they leave the colony, the convicts are given civilian clothes. Attendance by convicts at cultural, entertainment, sporting events at night is not allowed. The duration of going outside the educational colony is set by its head, but it cannot exceed 8 hours. 55. PENALTY APPLICABLE TO CONVENTED For violation of the established procedure for serving a sentence, the following penalties may be applied to convicts sentenced to deprivation of liberty: - reprimand - is announced orally or in writing, other penalties are announced only in writing; - a disciplinary fine of up to two hundred rubles; - placing convicts in a punishment cell for up to 15 days; - transfer of convicted men who are malicious violators of the established procedure for serving their sentences and held in general and strict regime correctional colonies to cell-type premises, and in special regime correctional colonies - to solitary confinement for up to six months; - transfer of convicted men who are malicious violators of the established procedure for serving sentences to a single cell-type premise for up to one year; - transfer of convicted women who are malicious violators of the established procedure for serving sentences to cell-type premises for up to three months; - the abolition of the right to live outside the hostel and the prohibition of leaving the hostel in their free time for up to 30 days for convicts serving sentences in colony settlements. Convicts who are malicious violators of the established order of serving sentences can be transferred: 1) from a colony-settlement - to a correctional colony, the type of which was previously determined by the court; 2) from the colony-settlement to which they were sent by a court verdict - to a correctional colony of general regime; 3) from correctional colonies of general and strict regime - to prison for a term not exceeding three years; 4) transfer of convicts held in ordinary conditions to strict conditions in the same colony, and in prison - from general to strict regime. Malicious violations of the established procedure for serving a sentence are: - drug use; - petty hooliganism, threat, disobedience to representatives of the administration of the correctional institution or insulting them; - sodomy; - lesbianism; - organization of strikes or other group disobediences, as well as active participation in them; - organization of groups of convicts aimed at committing these violations, or active participation in them. Malicious can also be recognized as the commission within one year of a repeated violation of the established procedure for serving a sentence, if for each of these violations the convict was subjected to a penalty - placement in a punishment cell. Penalty imposed no later than 10 days from the date of discovery of the violation, and if an inspection was carried out in connection with the violation - from the date of its completion, but no later than three months from the date of the violation. 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. The penalty is imposed by the decision of the head of the correctional institution or the person replacing him. For violation of the established procedure for serving sentences, juvenile convicts (Article 136 of the Penal Code) may be subject to paragraphs "a" (reprimand) and "b" (disciplinary fine in the amount of up to two minimum wages) of the first part of Art. 115 PEC. 56. RIGHTS OF PRISONERS The rights of convicts are an important element of their legal status. The reality and guarantee of rights make it possible to increase the efficiency of the activities of institutions and bodies executing punishment, to ensure the rule of law in the execution of criminal punishment. According to part 2 of Art. 24 of the Constitution of the Russian Federation public authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. Criminal Executive Code the constitutional norm on the right to information is concretized and supplemented. Convicts have 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. Information about the rights and obligations of convicts should contain an extract from the Penitentiary Code, primarily from the norms providing for the legal status of convicts. We are talking about explaining the procedure for submitting proposals, applications and complaints, exercising the right to personal security, and providing legal and social assistance. Convicted believers receive information on the procedure for exercising freedom conscience and freedom of religion, convicted foreign citizens serving arrest, restriction of freedom or imprisonment - on the procedure for maintaining relations with diplomatic missions and consular offices of their states. Information on the procedure and conditions for serving the type of punishment imposed by the court should include explanations of the rules of conduct for convicts arising from the need to ensure isolation in those punishments in which it is provided for, to protect convicts and supervise them, to maintain internal order in correctional institutions, arrest houses, correctional centers, disciplinary military units. Convicts are also informed about incentives and penalties, the possibility of applying security measures. The administration of institutions and bodies executing sentences is obliged to provide the convicts with the specified information, as well as to familiarize them with the change in the procedure and conditions for serving sentences. Such information may be provided both in writing and orally. In addition, she brought to the attention of convicts by radio, television, at a personal reception of convicts and in other ways. In the premises where convicts live, information about their basic rights and obligations is posted. Convicts have the right to be treated with courtesy by the staff of institutions and bodies executing punishment. This provision based on international human rights instruments и treatment of prisoners. The Code of Conduct for Law Enforcement Officials expressly requires that, in carrying out their duties, officials respected and protected human dignity, supported and protected human rights in relation to all persons. In accordance with it in Part 2 of Art. 21 of the Constitution of the Russian Federation establishes that no one may be subjected to torture, violence, other cruel or degrading treatment or punishment. 57. OBLIGATIONS OF CONDEMNED TO DISCLAIMER The main duties include those that ensure law and order during the serving of sentences or create conditions for the activities of institutions and bodies executing punishments. Convicts must comply with the laws of the Russian Federation the duties of its citizens, to comply with the moral norms of behavior accepted in society, the requirements of sanitation and hygiene, i.e. comply with civic obligations. But if the citizens in freedom are free to set the limits for the fulfillment of such duties, then in places of deprivation of liberty certain requirements are imposed on these aspects of their life, which convicts are already obliged to comply with. Convicts have a duty comply with the requirements of federal laws that determine the procedure and conditions for serving sentences, as well as other regulatory legal acts adopted in accordance with them. Regulations on compliance with federal laws, determining the procedure and conditions for serving sentences, normative legal acts adopted in accordance with them, as well as the fulfillment of the legal requirements of the administration of institutions and bodies executing sentences, form the legal basis for maintaining law and order during the execution of a criminal sentence. The convicts are charged special obligation to fulfill legal administration requirements institutions and bodies executing punishment. We are talking about the implementation by convicts of legal requirements, and not any instructions and orders from the administration. The failure of the convict to comply with the demand made by the employee with reference to its illegality must be justified if the demand is of a purely personal nature, is not provided for by a legal norm, and is contrary to law. In order to ensure normal relations between convicts and staff, the law establishes a specific obligation for convicts to be polite to staff, other persons visiting institutions and bodies executing punishment, as well as to other convicts. It should be noted, that if the requirements for a polite attitude towards staff and other persons are generally perceived positively by convicts and are mostly observed, then they are far from always succeeding in maintaining polite relations with each other. On this basis, most violations of the regime and crimes are committed. To support the requirement that convicts fulfill this duty, strict supervision and control over their behavior in their places of residence, as well as the holding of extensive educational activities, help. Important, of course, are and an example of the relationship of staff, as well as the form of treatment on the part of its individual members to convicts. Another specific duty of convicts is the duty to appear when summoned by the administration of institutions and bodies executing punishment, and to give explanations on the implementation of the requirements of the sentence. This obligation is more specific for convicts in respect of whom punishments are being executed, without isolation from society, where the appearance to the relevant official is also a form of control, as well as educational work. The official may invite the convict to give explanations both orally and in writing. Chapter 58 The Penal Code fixed the requirements for sources of restrictions on human and civil rights based on the provisions of Part 3 of Art. 55 of the Constitution of the Russian Federation, which established that the rights of a person and a citizen can be limited. In turn, rights 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. First, the restrictions on the rights of a citizen cannot be established by regulatory legal acts, including departmental ones. Moreover, they cannot be provided for by the instructions of officials of institutions and bodies executing punishment. All activities of personnel in the treatment of convicts must be based on the steadfast observance of the law. Second, the restrictions on the general civil rights of convicts cannot be established by the laws of the constituent entities of the Federation: penitentiary legislation is assigned to the exclusive competence of the Russian Federation. Third, restrictions can be established in the interests of ensuring the protection of a strictly defined range of socio-political values: the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state. It is legislated that the Russian Federation respects and protects the rights, freedoms and legitimate interests of convicts, ensures the legality of the use of means of their correction, their legal protection and personal safety in the execution of sentences. Thus, convicts, despite the crimes they have committed, often against state interests, are protected primarily by the state, this does not exclude protection with the help of public, human rights organizations. Persons sentenced to deprivation of liberty are prohibited from: - violate the line of protection of objects or the boundaries of the territory of correctional institutions; - go outside the isolated areas of residential and industrial zones without the permission of the administration; - stay without the permission of the administration in hostels where they do not live, or at production facilities where they do not work, use prohibited items provided for by a special list; - smoking in places not designated for this; - play for the purpose of extracting material or other benefits; - apply tattoos to yourself and others; - use obscene and slang words, give and assign nicknames; - curtain and change sleeping places, as well as equip sleeping places at work, in household and other office and utility rooms; - without the permission of the administration, hang photographs, reproductions, postcards, clippings from newspapers and magazines and other items on the walls, bedside tables and beds, keep animals and birds, engage in gardening, breed ornamental fish, indoor plants, arbitrarily erect at production and other facilities of the PS, various buildings, cabinets, safes, have food products, audio and video equipment at the work sites; make homemade electrical appliances and use them. In this way, The Penal Code establishes a number of restrictions for convicts. 59 According to Art. 15 of the Federal Law "On the Detention of Suspected and Accused of Committing Crimes" in places of detention, a regime is established that ensures the rights of suspects and accused, the performance of their duties, their isolation, as well as the fulfillment of the tasks provided for by the criminal procedure legislation. It should be noted that Art. 6 of the Code of Criminal Procedure of the task of protecting the rights and legitimate interests of persons and organizations victims of crimes, protecting the individual from illegal and unreasonable accusations and convictions, restricting his rights and freedoms. One of the tasks of the order in places of detention is to ensure isolation, which takes two forms: isolation from the outside world and isolation from other categories of suspects and accused. Correctional institutions have a strictly regulated schedule days, taking into account the peculiarities of working with a particular composition of convicts and other specific circumstances. Approximate daily schedule of convicts: - getting up at 5 am (by decision of the head of the colony - at 6 am); - physical exercise - up to 15 minutes; - toilet, refilling beds - up to 10 minutes; - morning examination, morning and evening checks - up to 40 minutes; - breakfast - up to 20 minutes; - divorce for work - up to 10 minutes; - working hours - 8 hours (in educational colonies - up to 6 hours); - lunch break - up to 30 minutes; - Eat from work, evening toilet - up to 25 minutes; - dinner - up to 30 minutes; - personal time - up to 1 hour; - educational activities - up to 1 hour; - cultural and mass work, studying at school, vocational schools - according to a separate schedule; - preparation for sleep - 10 min; - sleep - 8 hours The daily routine, developed in relation to each specific institution, is approved by order of the head of the correctional institution and brought to the attention of the convicts. Checks on the presence of convicts in correctional institutions are carried out daily in the morning and in the evening at hours determined by the daily routine. If necessary, they can be held at any time of the day. At the same time, the appearance of the convicts is checked. At least once a month during non-working hours, inspections of all convicts are organized, during which their appearance, the condition of clothes and shoes are checked. In inclement weather and low temperatures, when outdoor work in the open air during the cold season is not allowed, inspections are carried out indoors. Availability checks convicts in punishment and disciplinary isolators, cell-type premises of colonies, in prisons are carried out cell-by-cell. Persons serving sentences in strict conditions, located in safe places, enjoy the right to travel without an escort or escort. Availability checks convicts living with their families in colonies-settlements are carried out by their appearance at least four times a month at the set time for registration with the operational duty officer of the institution. Thus, isolation from the outside world and unquestioning observance of the daily routine correspond to the tasks and norms of penitentiary law and international acts. Article 60 The transfer of convicts to an isolation ward, a single cell-type room and a solitary cell is carried out with an indication of the period of detention in them. Convicted women with children under the age of three in the children's home of the correctional institution, and convicted women, released from work due to pregnancy and childbirth, as well as convicts who are invalids of group III, both cell-type premises and unified cell-type premises are not placed in a punishment cell. Penalty insulators and solitary cells are equipped with folding beds, fixed in the daytime to the castle, cabinets, benches and a table, tightly screwed to the floor. Reception of convicts in a punishment cell carried out by the junior inspector on duty with the participation of the duty officer. Those placed in a punishment cell are subjected to a thorough search. During a search, they seize items that can be used as an attack on the staff of the institution or on other convicts, as well as for the purpose of self-harm. Convicts are prohibited take food and personal belongings with you to the punishment cell (with the exception of towels, soap, tooth powder or paste and a toothbrush). They are not allowed to use books, newspapers, magazines and other literature. Smoking convicts placed in a punishment cell is prohibited. Convicts change into clothes assigned to these premises. Placed in a punishment cell, visits, telephone conversations, the purchase of food, receiving parcels, transfers, parcels are prohibited. Bedding is provided only for sleeping. Distinctive feature keeping convicts in a single cell-type premises differs from just a cell-type premises not only in the longer term of serving the specified penalty - one year instead of six months, but also in the fact that convicts in a single cell-type premises are kept in isolation according to the type of regime (general, strict) . Convicts placed in a cell-type premises, a single cell-type premises or a solitary confinement have the right to: 1) monthly spend on the purchase of food and essentials the funds available on their personal accounts in the amount of 50% of the established minimum wage; 2) receive within six months one parcel or transfer and one parcel post; 3) enjoy a daily walk lasting 1,5 hours; 4) with the permission of the administration, have one short visit within six months. They may be subject to other penalties. Priests belonging to duly registered religious associations are invited to convicts held in a punishment cell, cell-type premises, unified cell-type premises, solitary confinement, at their request. In case of transfer of a convict from a punishment cell, a cell-type room, a single cell-type room or a solitary cell to a medical institution, the period of their stay in the specified medical institution shall be counted in the period of serving the penalty. Early release of convicts as a rule, it is not carried out, except when it is carried out for medical reasons or at the request of the prosecutor. 61. CONDITIONS FOR SERVING LIMITATION OF FREEDOM IN CORRECTIONAL COLONIES In correctional colonies, convicts can serve their sentences under ordinary, light and strict conditions. The residential area in the colony is divided into three local, fenced off from each other areas intended for convicts under different conditions of detention (normal, light and strict). First time convicts men for intentional grave crimes and convicted women, except for those convicted for especially dangerous recidivism, are sent upon arrival to a general regime colony to the usual conditions of serving their sentence. In the absence of claims for violation of the established procedure for serving sentences and with a conscientious attitude to work, after serving at least six months of the sentence, convicts may be transferred to light conditions, and convicted persons who are recognized as malicious violators of the established procedure for serving sentences are transferred to strict conditions for serving sentences. Convicts serving sentences under facilitated 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 carried out not earlier than six months in the absence of penalties for violating the established procedure for serving a sentence. Re-transfer from harsh conditions to normal conditions is carried out in a certain order. Convicts serving sentences under normal conditions live in dormitories. They are allowed to: monthly spend on the purchase of food and essentials the funds available on their personal accounts in the amount of three times the minimum wage, have six short-term and four long-term visits during the year; receive six parcels or transfers and six parcels during the year. Convicts serving sentences in lighter conditions live in dormitories. They are allowed: 1) spend monthly on the purchase of food and essentials the funds available on their personal accounts, without limitation; 2) have six short and six long dates during the year. Convicts serving sentences under facilitated conditions, may be released from custody six months before the end of the sentence. In this case, they are allowed live and work under the supervision of the administration outside the penal colony. They may be kept together with convicts, who are granted the right to move without supervision 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 their sentences in strict conditions live in locked rooms in dormitories. They are allowed: - monthly spend on the purchase of food and essentials funds earned during the period of imprisonment; - have two short-term and two long-term dates during the year; - receive three parcels or transfers and three parcels during the year. In this way, the conditions for serving imprisonment in correctional colonies of general regime can be either light or strict. 62. CONDITIONS FOR SERVING LIMITATION OF FREEDOM IN CORRECTIONAL COLONIES Convicts entering a strict regime colony from a pre-trial detention center after the entry into force of the sentence, are sent to the usual conditions of serving a sentence, except for those convicted of intentional crimes committed during the period of serving deprivation of liberty, who immediately enter strict conditions. If during the stay in the pre-trial detention center, the convict was not subjected to a penalty in the form of placement in a punishment cell, the period of his stay in the usual conditions of serving the sentence is calculated from the day of detention. In normal conditions can be translated convicts who served their sentences under facilitated conditions, if they are recognized as malicious violators of the established procedure for serving sentences. At the same time convicts who were in strict conditions can be transferred to ordinary conditions, in the absence of penalties for violations of the established procedure for serving sentences and with a conscientious attitude to work after serving at least 9 months of the sentence in strict conditions. Men sentenced to imprisonment for the first time for committing especially grave crimes, who had previously served a sentence of imprisonment, and women with especially dangerous recidivism are sent to normal conditions upon arrival in a strict regime colony, except for those convicted of intentional crimes committed during the period of serving imprisonment who are sent to strict conditions of serving their sentences. In the absence of penalties and with a conscientious attitude to work, after serving at least nine months of the sentence under normal conditions, convicts may be transferred to facilitated conditions. Convicts serving sentences under normal conditions, recognized as persistent offenders, are transferred to strict conditions for serving sentences. Convicts serving sentences in facilitated conditions, recognized as malicious violators of the established procedure for serving sentences, are transferred to ordinary or strict conditions. Translation from strict conditions serving a sentence in ordinary is carried out no earlier than nine months in the absence of penalties for violating the order of serving a sentence. Convicts are allowed to spend the money earned during the period of serving their sentence, the pensions and social benefits they receive without restriction on the purchase of food and essentials. Convicts serving sentences under normal conditions live in dormitories. They are allowed: monthly spend on the purchase of food and essentials, in addition to the funds indicated above, other funds available on their personal accounts, in the amount of two minimum wages; have three short and three long dates during the year; receive four parcels or transfers and four parcels during the year. Convicts serving sentences in lighter conditions live in dormitories. They are allowed: 1) monthly spend on the purchase of food and essentials, in addition to the funds indicated above, other funds available on their personal accounts, in the amount of two minimum wages; 2) have four short-term and four long-term visits during the year; 3) receive six parcels or transfers and six parcels during the year. Convicts serving their sentences in strict conditions live in locked rooms in dormitories. Article 63 sentenced to life imprisonment, as well as those sentenced to death and pardoned by the President of the Russian Federation are kept in special colonies of a special regime, separately from other categories of convicts who are assigned to serve their sentences in special regime colonies. Other convicts entering a special regime colony from a pre-trial detention center after the entry into force of the sentence are sent: 1) under strict conditions of serving a sentence - those convicted of intentional crimes committed while serving imprisonment; 2) under normal conditions of serving a sentence - other persons sentenced to imprisonment to be served in a special regime correctional colony. If during the stay in the pre-trial detention center, the convict was not subjected to a penalty in the form of placement in a punishment cell, the period of his stay in the usual conditions of serving the sentence is calculated from the day of detention. Men convicted of particularly dangerous recidivism are sent upon arrival to a special regime colony to the usual conditions of serving a sentence, except for those convicted of intentional crimes committed during the period of serving deprivation of liberty, who are sent to strict conditions. In the absence of claims and with a conscientious attitude to work, after serving at least one year of the sentence, convicts from ordinary conditions can be transferred to facilitated conditions. Convicts serving sentences under normal conditions, recognized as malicious violators of serving sentences, are transferred to strict conditions for serving sentences. 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 to ordinary conditions is made no earlier than after 1 year in the absence of penalties for violating the established procedure for serving a sentence. It is possible to re-transfer from strict conditions of serving a sentence to ordinary ones. Convicts serving sentences under normal conditions live in dormitories. They are allowed: monthly spend on the purchase of food and essentials in addition to the funds specified in Part 2 of Art. 88 of the Penal Code of the Russian Federation, other funds available on their personal accounts, in the amount of the minimum wage; have two short and two long dates during the year. Convicts serving sentences in lighter conditions live in dormitories. They are allowed: monthly spend on the purchase of food and essentials in addition to the funds specified in Part 2 of Art. 88 of the Penal Code of the Russian Federation, other funds available on their personal accounts, in the amount of two minimum wages; have three short and three long dates during the year. Convicts serving sentences in strict conditions live in cell-type premises. They are allowed: monthly spend on the purchase of food and essentials in addition to the funds specified in Part 2 of Art. 88 of the Penal Code of the Russian Federation, other funds available on their personal accounts, in the amount of 70% of the minimum wage; have two short dates during the year. Thus, serving a prison sentence in special regime correctional colonies is a severe form of punishment, since they have a special regime and routine. Article 64 Those sentenced to life imprisonment, as well as those sentenced to death and pardoned by the President of the Russian Federation, are imprisoned in a colony of a special regime, separately from other categories of convicts who are assigned to serve their sentences in colonies of a specialized order. Under normal conditions, convicts who have served their sentences under facilitated conditions may also be held if they are recognized as malicious violators of the established procedure for serving sentences, for which they are transferred to ordinary conditions for serving sentences. At the same time convicts who were in strict conditions can be transferred to ordinary conditions, in the absence of penalties for violations of the established procedure for serving sentences and with a conscientious attitude to work after serving not less than one year of punishment under strict conditions. Under normal conditions, the convict serves a sentence of at least one year, after which, in the absence of penalties for violations of the established procedure for serving a sentence and a conscientious attitude to work, he can be transferred to facilitated conditions. Under strict conditions Sentences, in addition to the specified categories, are served by convicts who are recognized as malicious violators of the established order while serving their sentences in ordinary and light conditions and, in connection with this, are transferred to strict conditions. Convicts are in strict conditions not less than one year, after which, in the absence of penalties for violations of the established procedure for serving sentences, they can be transferred to ordinary conditions. Convicted men sentenced to life imprisonment for committing crimes are serving their sentences in these colonies. connected with the intentional deprivation of life of one or more people, as well as convicts, by which the death penalty by way of pardon was replaced by deprivation of liberty. Upon arrival at the correctional In the colony, all convicts are placed in strict conditions of serving their sentences. The convicts are placed in cells, usually no more than two people. At the request of convicts and in other necessary cases, if there is a threat to personal safety, they may be kept in solitary confinement. Transfer from strict conditions to ordinary conditions is carried out after leaving for at least 10 years in the absence of penalties for violation established conditions serving the sentence. Convicts can be transferred from ordinary conditions to light conditions in the absence of penalties and with a conscientious attitude to work. upon departure for at least another 10 years. Convicts recognized as persistent violators of the established procedure for serving a sentence and serving their sentence in light conditions are transferred to ordinary or strict conditions of serving their sentence, and from ordinary conditions to strict conditions. Re-transfer to ordinary or lighter conditions for serving a sentence is carried out in the same manner. Consumption rates funds for the purchase of food and basic necessities, receiving visits, parcels, parcels and parcels are the same as in ordinary penal colonies with a special regime. All convicts have the right to a daily walk lasting 1,5 hours, and with the good behavior of the convict and if possible, the walk time can be increased to 2 hours. 65. CONDITIONS FOR SERVING DISCLAIMER IN COLONY-SETTLEMENTS In colonies-settlements, the following persons serve their sentences in the form of deprivation of liberty separately: 1) persons convicted of crimes committed through negligence; 2) persons convicted for the first time for committing intentional crimes of small or medium gravity; 3) positively characterized convicts transferred from colonies of general and strict regime. In all colonies-settlements, convicts serve their sentences under the same conditions. Convicted men and women can be kept together in the same colony-settlement, but they live separately: either in separate dormitories or in separate blocks of the same dormitory. Convicts are kept in colonies-settlements unprotected, but under supervision. From wake-up to lights-out, they enjoy the right to move freely across the territory of the colony, the boundaries of which are established within a radius of not more than 5 km along noticeable landmarks and are marked on the ground with special signs. A receipt is taken from the convicts about the announcement of the borders. Within the boundaries of a populated area, a colony-settlement can be surrounded by a fence, which defines the boundaries of its territory. With the permission of the administration, convicts can move outside the colony, but within the territory of the corresponding administrative-territorial formation, if it is necessary for the nature of the work they perform or in connection with training. Convicts may wear civilian clothes, have money and valuables with you, use them without restrictions, receive parcels, transfers, parcels, have dates without restrictions. They 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 a family, by order of the head of the colony, may be allowed to live with her in a rented or own living space on the territory of the colony or outside it. They are required to appear for registration in the colony-settlement up to four times a month. The premises in which they live can be visited at any time by an employee of the administration of the colony-settlement. Instead of a passport and other personal documents, convicts are issued a document of the established form. Convicts are not allowed bring to the hostel, use and store firearms, ammunition, explosive and poisonous substances, vehicles, narcotic medicinal substances for medical purposes, alcoholic products and uniforms. The specified list of restrictions does not apply to family members of convicts, however, the administration of the colony-settlement may, for the purpose of prevention, recommend that family members not have some of the above items. The work of convicts in a colony-settlement is regulated by the norms of labor legislation, with the exception of hiring, dismissal from work and hiring for another job, which is due to the legal status of the convict and follows from the content of the punishment. convicts, maliciously violating the established order serving a sentence, may be transferred to a correctional colony, the type of which was previously determined by the court, or to a correctional colony of general regime. Changing the type of correctional institution is carried out in a judicial proceeding on the proposal of the administration. 66. CONDITIONS FOR SERVING LIMITED LIABILITY IN PRISONS Prisons are for serving sentences the most dangerous criminals. It can be men sentenced by the court to imprisonment, convicted for a term of more than five years for especially grave crimes or for crimes committed with a particularly dangerous recidivism, or transferred from correctional colonies of general and strict regime to a prison for a term of up to three years for malicious violations of the established procedure for serving sentences. Women are not kept in prison. The number of those serving sentences in prison is small (about 0,5% of all those serving prison sentences). In addition, convicts may be held in prison, left there with their written consent for housekeeping. The conditions of their detention correspond to those provided for in penal colonies of general regime. They are kept in unlocked common cells separately from other categories of convicts. Convicts may be temporarily kept in prison, left there or brought there to carry out investigative actions or participate in court proceedings in cases of crimes committed both by these persons themselves and by other persons. In these cases, the prison plays the role of a pre-trial detention center. Prisons contain convicts sentenced to imprisonment for a term of more than five years for committing especially serious crimes, with especially dangerous recidivism of crimes, as well as convicts transferred for a term of up to three years for a malicious violation of the established procedure for serving sentences from correctional colonies of general, strict and special regimes . In prisons, a general and strict regime is established. Convicts admitted to this correctional institution and convicts transferred from the general regime of this prison are kept under a strict regime. After serving at least one year, convicts may be transferred to 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. Retransfer to the general mode can be made in the same order. Convicts are kept 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. Isolated from other convicts and kept separately: 1) convicts under general and strict regimes; 2) convicted for the first time from convicts who have already served imprisonment; 3) convicts with especially dangerous recidivism from other categories of convicts; 4) convicts whose death penalty has been commuted by way of pardon to deprivation of liberty for a certain period; 5) convicted for committing especially grave crimes; 6) former employees of law enforcement agencies; 7) convicts transferred from one correctional institution to another. Convicts serving a sentence on a general regime are allowed: 1) monthly spend on the purchase of food and essentials the funds available on their personal accounts in the amount of 40% of the minimum wage; 2) have two short and two long dates during the year. Thus, the conditions of serving imprisonment in prisons are quite harsh in comparison with the rest. 67. CONDITIONS OF SERVING DISCLAIMER IN EDUCATIONAL COLONIES In educational colonies, strict, ordinary, light and preferential conditions for serving sentences are established. Under normal conditions, juvenile convicts who entered an educational colony serve their sentences, except for those who have previously served deprivation of liberty and convicted of intentional crimes, committed while serving a sentence. The latter are serving 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 facilitated terms of punishment. During the stay of a minor of a convict under strict conditions, the period of stay in the quarantine department, as well as the period of detention, are counted if an appropriate measure of restraint was applied to the minor convict and he did not commit violations of the established procedure for detention, for which a disciplinary measure was applied to him in the form of placement in a punishment cell. After six months in the absence of penalties for violating the established procedure for serving a sentence and with a conscientious attitude to work, they are transferred to the usual conditions for serving a sentence. In the absence of penalties for violating the established procedure for serving a sentence and with a conscientious attitude to work and study, the following are transferred from the usual conditions of serving a sentence to facilitated: - male convicts serving imprisonment for the first time, as well as all categories of female convicts - after serving at least three months; - male convicts who have previously served a prison sentence - after serving at least six months. To prepare for parole convicts are transferred from facilitated to preferential conditions for serving sentences. Convicts recognized as persistent violators of the established procedure for serving their sentences are transferred from ordinary to strict conditions of serving their sentences; from lightweight - to ordinary or strict, and from preferential - to ordinary. Repeated transfer to normal and light conditions is carried out in the same order, and to preferential conditions - no earlier than six months after returning to light conditions. Convicts serving their sentences under normal conditions live in dormitories. They are allowed: - monthly spend on the purchase of food and essentials the funds available on their personal accounts in the amount of 5% of the minimum wage; - have eight short-term and four long-term dates during the year; - receive eight parcels or transfers and eight parcels during the year. Convicts serving sentences in lighter conditions live in dormitories. They are allowed: - monthly spend on the purchase of food and essentials the funds available on their personal accounts in the amount of 10% of the minimum wage; - have twelve short-term and four long-term visits during the year; - by decision of the administration, long-term visits can take place outside the educational colony. Convicts serving sentences in preferential terms live in dormitories, as a rule, outside the educational colony, but under the supervision of the colony administration. 68. MEASURES OF INCENTIVES AND PENALIZATIONS APPLIED IN EDUCATIONAL COLONIES For good behavior, conscientious attitude to work and study, active participation in the work of amateur organizations for convicts held in educational colonies, along with the provided incentives for adult convicts may also apply the following incentives: - granting the right to visit cultural, entertainment and sports events outside the educational colony, accompanied by employees of this colony; - granting the right to leave the educational colony accompanied by parents, persons replacing them, or other close relatives; the duration of leaving the educational colony in both cases cannot exceed 8 hours; - early release from a disciplinary cell; - early transfer from strict conditions of serving a sentence to ordinary ones. All these measures have the ability to stimulate good behavior of convicts to a high degree. The first two have a special attraction for minors, who, as a general rule, show interest in cultural, entertainment and sports events, as well as in visiting other places of entertainment outside the educational colony. The third measure of encouragement contains an exemption from one of the most severe disciplinary sanctions. When convicts are given the right visits to cultural, entertainment and sports events outside the educational colony, accompanied by employees of this colony and the right to go outside the educational colony, accompanied by parents, persons replacing them, or other close relatives, they are given their civilian clothes. It is forbidden to visit convicts cultural, entertainment and sporting events at night. Exit duration outside the educational colony is established by the head of the colony and cannot exceed 8 hours. An incentive measure in the form of early release from a disciplinary isolator, taking into account the mentality of a minor convict, stimulates him to actively repent of the violation and return to the path of correction. For violation of the established procedure for serving sentences, the following types of penalties may be applied to convicts held in educational colonies: 1) reprimand; 2) a disciplinary fine in the amount of up to two times the minimum wage; 3) deprivation of the right to watch movies for one month. Loss of the right to watch movies within a month, it has a tangible psychological impact on the minor and serves as a very effective means of strengthening discipline. Convicted, placed in a disciplinary cell, long visits, telephone conversations, the purchase of food and essentials, the receipt of parcels, transfers and parcels, the use of board games and smoking are prohibited. They are entitled to enjoy a daily 2-hour walk. All other types of penalties may apply to them. Early release from a disciplinary isolator may be used by the head of an educational colony or a person replacing him, as a measure of encouragement or for medical reasons. 69. Abandonment of convicted persons in educational colonies and transfer to correctional colonies after they reach the age of majority Convicts who have reached the age of 18, as a rule, remain in an educational colony, but not more than until they reach the age of 21. Negatively characterized convicts who have reached the age of 18 are transferred for further serving their sentence to an isolated section of an educational colony functioning as a correctional colony of general regime, if any, or to a correctional colony of general regime. This is due to a number of reasons. First, the the fact that when a convicted person is transferred to a correctional colony, the conditions for his correction worsen. He finds himself among adult convicts with more persistent antisocial properties. Second, the the continuity of the process of re-education of the convict is disrupted: considerable time is required for him to move from one colony to another, to familiarize the administration of the new correctional institution with the characteristics of his personality, for his entry into a new team. Third, the continuity of the convict's general education and professional training is disrupted. Finally, a change of scenery and an established way of life often has a very unfavorable effect on the convict himself. He often becomes bitter and less receptive to corrective measures. The negative impact of the noted circumstances are exacerbated by the fact that they have an impact on the convict, who is, as a rule, in a short-term position. It has long been established that this category of convicts is particularly difficult to corrective influence. Convicts left in an educational colony are subject to the conditions of serving the sentence, food standards and material and welfare provisions established for juvenile convicts. In educational colonies isolated areas may be created, functioning as correctional colonies of general regime, for the maintenance of convicts who have reached the age of 18 years while serving their sentence. The abandonment of convicts who have reached the age of 18 in an educational colony is carried out according to the decision of the head of the educational colony, sanctioned by the prosecutor. Reason for transfer convicts who have reached the age of 18, from an educational colony to a correctional colony of general regime, is a negative characteristic of their behavior during the time of serving their sentence. The indisputable basis for the transfer is the presence of penalties for a malicious violation of the established procedure for serving a sentence. However, it is not mandatory. A negative characteristic of a convict can be determined by the fact that he allows violations of the established procedure for serving a sentence, even if they are not malicious, - evades studies, treats work in bad faith, and has a negative impact on other convicts. The decision to transfer a convict who has reached the age of 18 to a correctional colony shall be taken by the court. The basis for the transfer from an educational colony to a correctional colony of convicts who are 21 years old is the very achievement of this age. The characteristics of their behavior and personality in this case do not matter. 70. PROCEDURE AND CONDITIONS FOR THE IMPLEMENTATION OF PUNISHMENT IN THE FORM OF LIMITATION ON MILITARY SERVICE Restriction in military service is appointed to military servicemen under contract for a period three months to two years for committing crimes against military service, as well as instead of corrective labor. No later than three days after receiving copies of the court verdict, the commander of the military unit issues an order stating on what basis and for how long the convict is not promoted to the next military rank, how long is not counted as length of service, and in what amount deductions are made from the monetary maintenance of the convict . On the execution of the sentence within 3 days the commander of the military unit is obliged to notify the court that issued the verdict. The amount of deduction established by the judgment of the court from the monetary allowance of a convicted serviceman is calculated from the official salary, salary according to military rank, monthly and other allowances and other additional monetary payments. The latter, in particular, include a one-time cash remuneration for the year, material assistance for the main vacation, quarterly bonuses for the intensity of service, and monthly percentage bonuses for length of service. Deductions are not made from allowances for children, as well as from compensation payments related to clothing, transport, insurance, sanatorium-resort and other support for military personnel. At the same time the time of serving a sentence does not suspend the total length of service, which gives the right to pensions and other social benefits and allowances, in particular, monthly and other percentage bonuses to the salary of a serviceman, quarterly and annual one-time monetary rewards, priority for an apartment. The fact of condemnation to restriction in military service is not a basis for the dismissal of a serviceman from service or his demotion in position or military rank. He also does not interfere certain movements of the convict, carried out by the relevant authorized command in the order of business necessity: business trips, transfers to other positions and to new places of service permanently or temporarily. military command also given the right at its own discretion, in the order of service, transfer the convict for the period of serving the sentence to positions not related to the leadership of personnel (subordinates). Termination of the execution of punishment in the form of restriction on military service is possible in the following cases: - early release from serving a sentence; - expiration of the term of punishment; - if a serviceman serving a restriction in military service has proved his correction by exemplary behavior and conscientious performance of his duties, the commander of the military unit may submit to the court a proposal for his conditional early release from punishment or replacement of the unserved part of the punishment with a milder form of punishment. Conditional early release from restriction on military service may be applied after the convicted person has actually served at least half of the sentence, and the replacement of this punishment with a milder one can be applied after the actual serving of at least 1/3 of the sentence. Article 71 Arrest consists in keeping the convict in conditions of strict isolation from society and is established for a period of one to six months. Punishment in the form of arrest against convicted military personnel is imposed for crimes against the established order of service, committed by members of the military: - serving on conscription; - serving under a contract; - by citizens who are in reserve during their military training; - builders of military construction detachments (units) of the Ministry of Defense of the Russian Federation. Servicemen sentenced to arrest serve their sentences in guardhouses or in the corresponding departments of garrison guardhouses. Military personnel sentenced to arrest must be sent to a guardhouse to serve the arrest within 10 days after receiving a court order to enforce the sentence. Military personnel sentenced to arrest are sent to the guardhouse under escort. It should be noted that guardhouses are intended for the maintenance of various categories of military personnel, and not only for serving a sentence in the form of arrest. In the guardhouse separately servicemen arrested under disciplinary procedure and sentenced to arrest by a military court are kept, and convicted military personnel from among officers are kept separately from other categories of convicted military personnel. convicted soldiers, having the ranks of warrant officers, midshipmen, sergeants and foremen, are kept separately from convicted military personnel. Persons serving on conscription and sentenced to arrest are held separately from military personnel serving under a contract. Legal status of convicted servicemen: - they may be released from the performance of their civil and military duties; - the time of serving the arrest in the general term of military service is not counted, however, in relation to convicts who have shown exemplary behavior during military service, an exception can be made, i.e. in the order of the application of the incentive measure by the head of the garrison, the time of serving the arrest is counted in the total term military service; - the time of serving the arrest is not counted in the length of service for the assignment of the next military rank; - monetary maintenance is paid only in the amount of the salary according to the military rank; - while serving the arrest, the convict cannot be 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. Convicts are allowed: read regulations, military educational literature and listen to the radio. Officers' cells are not locked; they are provided with bedding. They may receive additional meals for a fee. For exemplary behavior, the following incentives can be applied to convicts: 1) gratitude; 2) early removal of the previously imposed penalty against the time of serving the arrest in the total period of military service in whole or in part. Until the expiration of the prescribed period of punishment a serviceman may be dismissed from military service on the grounds provided for by law. In this case, the commander of the military unit sends a provision to the court on replacing the unserved part of the punishment with a milder one or on release from punishment. 72. PROCEDURE AND CONDITIONS FOR THE IMPLEMENTATION OF PUNISHMENT IN THE FORM OF DETENTION IN A DISCIPLINARY MILITARY UNIT The procedure and conditions for the execution of punishment in the form of detention in a disciplinary military unit Punishment in the form of detention in a disciplinary military unit is imposed for a period of three months to two years to two categories of military personnel: - passing military service on conscription; - those who are doing military service under a contract in the positions of privates and sergeants, if at the time of the court's sentence they had not served the statutory period of conscription service. Applies in cases Articles of the Special Part of the Criminal Code of the Russian Federation on crimes against military service provided for by the sanctions, as well as when the nature of the crime and the identity of the perpetrator indicate the possibility of replacing deprivation of liberty for a term of not more than two years by keeping the convicted person in a disciplinary military unit for the same term. Soldiers who have been convicted to maintenance in a disciplinary military unit, serve their sentence in separate disciplinary battalions and separate disciplinary companies specially designed for this purpose. The convict is sent to a disciplinary military unit under escort after the entry of the court verdict into legal force and the receipt of a court order on its execution. Behind the behavior of the convicts constant supervision is carried out in order to exclude the possibility of committing crimes and other offenses, to ensure appropriate conditions for their correction, military training and education, as well as the personal safety of the convicts themselves and the personnel of the military unit. During the period of punishment all convicts wear the same uniform and insignia established for a given disciplinary military unit, and are in the position of soldiers (sailors), regardless of their military rank and position held before conviction. However, the correspondence of convicted servicemen is not censored. Short-term visits lasting up to four hours with relatives and other persons are granted to convicted military personnel twice a month, and long-term visits lasting up to three days - four times a year. Long dates are provided with the spouse (spouse) and close relatives, and with the permission of the commander of the disciplinary military unit - with other persons. During such visits, the convict lives together with the named persons in a specially equipped room of the disciplinary military unit, or he may be allowed by the commander of the disciplinary military unit to live outside it. For the duration of a long visit, the convict shall be released from military service, work and occupations. In addition, in order to receive legal assistance, a convicted soldier has the right to meet with a lawyer or other person authorized to provide legal assistance. At the request of the convict and the named persons, visits may be granted in private under conditions when the personnel of the disciplinary military unit can see them, but not hear them. The number of letters and telegrams that convicted servicemen can receive and send is not limited by law. However, the convicts are required to open the received letters in the presence of a representative of the disciplinary military unit. Prohibited attachments detected in this case are withdrawn. 73. LEGAL GROUNDS AND PROCEDURE FOR RELEASE FROM PUNISHMENT The grounds for exemption from punishment are provided for by Russian legislation, i.e. the Criminal Code, the Code of Criminal Procedure, the Code of Criminal Execution. Certain grounds for exemption from criminal liability are provided for by other legal acts, such normative acts include: the regulation of the Ministry of Health, the presidential decree on pardon in respect of a certain person, and the decision of the State Duma on amnesty should also be included in these normative acts. The grounds for release from serving a sentence are: 1) serving the term of punishment; 2) annulment of the court verdict with termination of proceedings on the case; 3) conditional early release from serving a sentence; 4) replacement of the unserved part of the punishment with a milder one; 5) pardon or amnesty; 6) serious illness; 7) other grounds provided for by law. In this way, serving a deprivation of the right to hold certain positions or engage in certain activities, compulsory labor, corrective 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 terminate on the last day of the term of punishment. 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 on a holiday, the convicted person is released on the day before the day off or on the day before the holiday. When calculating the term punishment in months, it expires on the corresponding date of the last month, and if a given month does not have a corresponding date - on the last day of this month. Upon release the convicted person is given things and valuables belonging to him, funds stored in his personal account, personal documents and securities, documents about his work activity and a certificate of release. The latter comes in three types: Form “A” is issued to convicts who are released due to the termination of proceedings. Form "B" is issued to convicts who have writs of execution; Form "B" - for all other releases. Passport, work book and pension certificate are issued to the convict in his hands. Early release from serving a sentence is carried out on the day the relevant documents are received, and if the documents are received after the end of the working day - in the morning of the next day. Condemned, freed from serving the sentence due to the cancellation of the sentence, the head of the institution on behalf of the state makes an official apology, he is explained the rights to restore property, labor, housing and other rights lost during the serving of the sentence. Convicted military personnel are exempted from further serving a sentence in the event of an illness that renders them unfit for military service. The unserved part of the punishment can be replaced by a more lenient one. The same replacement may be made in the event of dismissal of convicts from military service on the grounds provided for in the law. Thus, release from serving a sentence in some cases is justified and consistent with the goals and objectives of penal law. SECTION 74 Legal basis and procedure for release in case of annulment of the court verdict with the termination of the case, it is provided for in a number of regulations, such regulations include the Criminal Code, the Penal Code and, accordingly, a number of by-laws: the regulation of the Ministry of Health, the decision of the Supreme Court. In practice, although rare, there are cases unjustified conviction of citizens for committing crimes, when the innocence of a person is established during the period of serving a criminal sentence imposed by a court sentence. Therefore, the law provides as one of the grounds for release from punishment, the annulment of the court verdict with the termination of the proceedings. Release from punishment on this basis means the rehabilitation of a person as convicted unreasonably. It is carried out by the body executing the punishment after receiving a copy of the ruling of the court that issued such a decision. This definition (decree) shall be attached to the personal file of the convict. A person who has been brought to criminal responsibility shall be subject to immediate release with the restoration of all rights. The moral and material damage caused to a person who has been unreasonably convicted and served part of the term of the sentence imposed is unlikely to be fully compensated. Nevertheless the state is doing everything possible for this. Upon release, the damage caused to the citizen by the illegal actions of the bodies of inquiry, preliminary investigation, the prosecutor's office and the court must be compensated, in particular: - the unreasonably convicted person must be restored to his former rights, for example, in his former position, in a special, military or honorary rank, in a class rank, in the rights to lost housing, to return state awards; - he must be paid material compensation for the harm caused by an unjustified conviction, for example, compensation for lost earnings, pensions and benefits, sums of money collected in pursuance of a court verdict, and confiscated property. Upon release from punishment due to the annulment of the sentence in connection with the termination of the criminal case, in order to restore the reputation of the person, not only the grounds for his release are indicated in writing, but also an official apology is made on behalf of the state. From exemption under this rehabilitating On the basis of this, it is necessary to distinguish between release from serving a sentence in cases of review of the case and reduction by a higher court (regional, regional, Supreme Court of a republic within the Russian Federation, the Supreme Court of the Russian Federation) of the sentence originally determined by the verdict of a lower court. In this case, release is carried out in accordance with the general procedure after the expiration of the term of punishment established by the court that last ruled on the case. If, in this case, the actually served term of punishment exceeds that imposed after the change of the sentence, the released person has the right to partial compensation for the damage. For example, the amount of unreasonable deductions from wages when serving corrective labor is returned to him. Thus, exemption from criminal liability is quite often used in practice. 75. PAROLE RELEASE FROM SENTENCE To be released from places of deprivation of liberty earlier than the term of punishment appointed by the court, the convicted person, the law gives the following opportunities: pardon; amnesty; grant of parole; exemption for health reasons. The provisions of the law are binding on all authorities and institutions of the penitentiary system. The following persons have the right to apply for parole: the convict himself; his lawyer or legal representative (for convicted juveniles, one of the parents or guardian may be the legal representative). Relatives of an adult convict are not entitled to apply for parole. However, they can provide other support to the inmate, which will be discussed below. An application for parole is sent to the court at the place of serving the sentence. The decision on the application of parole is made by the judge considering the application alone. However, when preparing the parole procedure, it is necessary to take into account the specific features of the institution in which the convicted person is serving his sentence. The decision on parole is made by the court at the place of serving the sentence, and the main document that affects the decision of the judge is the description of the convict from the correctional institution. If the convict has outstanding penalties, then he has no chance of conditionally release. The charges must be lifted. Relatives can provide support to the convict if they collect certificates that can be taken into account when considering the application, namely: the difficult financial situation of the family; the convict has minor children who are dependent on him; a certificate from any organization that is ready to hire a convicted person after release (such a certificate is not mandatory, however, if the administration recommends providing it, it is better to try to fulfill this requirement, especially since it does not impose any obligations on a potential employer); the state of health of parents or other close relatives who need his moral and material support; the state of health of the convict. If the term of punishment is short or if the convict was transferred from one penitentiary institution to another for one reason or another, you need to know that the new provisions of the law require only to serve that part of the sentence that gives the convict the right to parole. In addition, according to the new law, after serving the part of the term that gives the convict the right to parole, the administration of the institution is obliged to initiate this procedure on its own initiative. The head of the correctional institution, as soon as the possibility of applying parole arises in relation to a person serving a sentence, is obliged to study his personal file and assemble a commission on parole. The commission is made up of correctional staff only and is exclusively an advisory (to the court's decision) body. The commission draws up and sends a submission to the court for parole. The head of the correctional facility has significant powers. So, he can send to the court such a representation in which there are no recommendations on the parole of the convict. The judge may either refuse parole or release a person serving a sentence, both with the imposition of duties specified by law, and without the imposition of such duties. 76. EXEMPTION FROM PUNISHMENT IN CONNECTION WITH THE REPLACEMENT OF THE UNSERVED PART OF THE PUNISHMENT WITH A MORE HUMANE Replacing the unserved part of the punishment with a milder form punishment consists in the release of the convicted person from the punishment imposed by the court, with the simultaneous appointment instead of the unserved part of another, milder punishment. At the same time, a person can be completely or partially released from serving an additional type of punishment. The institution in question is applicable only to persons serving a sentence in the form of restriction of freedom, detention in a disciplinary military unit or imprisonment for a crime of small or medium gravity. Replacing an unserved part punishment with a milder type of punishment is applied taking into account the behavior of the person during the period of serving the sentence. It means, that this institution can only be applied to positively characterized convicts. The formal basis is associated with the departure of less than 1/3 of the sentence imposed. The law states that when replacing, 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. Softer than imprisonment for a fixed period, are all punishments except life imprisonment and the death penalty. This rule, however, should not be taken literally. First of all, a new punishment imposed instead of deprivation of liberty can only be the main one. An additional punishment instead of the main one cannot be assigned. Instead of imprisonment, a fine cannot be imposed. Substitute punishment there can be no deprivation of the right to occupy certain positions or engage in certain activities, since it is appointed in specific cases. When, given the nature и degree of public danger crime committed and the identity of the perpetrator, the court finds it impossible to retain his right to occupy certain positions or engage in certain activities; those released cannot be appointed to certain positions, also in the case of military punishment - after applying restrictions on military service and detention in a disciplinary military unit after upon release from places of imprisonment, a person cannot be a military serviceman. Based on the fact that the application of the institution in question should not in any way worsen the situation of the person being released, it is impossible to appoint such a punishment as arrest as a substitute, because the conditions for serving it are much more stringent than in correctional colonies. In connection with the foregoing, it should be recognized that when replacing a punishment with a milder one, instead of deprivation of liberty, compulsory work, corrective labor and restriction of freedom can be assigned. The term of a substitutive punishment may not exceed the unserved term of deprivation of liberty. The procedure for presenting a convicted person for release with the replacement of the unserved part of the punishment with a milder type of punishment is similar to the procedure for presenting a convict for parole. Thus, after the correctional institution receives a court ruling to replace the unserved part of the sentence with a milder one, the person is released from the correctional institution in the same manner as in the case of parole. 77. RELEASE OF CONDEMNED UNDER THE ACT OF AMNESTY OR CARE The release of convicts under an act of amnesty or pardon is fixed by a number of normative acts and is carried out in a special manner provided for by the Constitution of the Russian Federation of 1993. Pardon carried out on the proposal of pardon commissions established in each subject of the Federation by the President of the Russian Federation. The presidential decree names a specific person to whom this act applies. Amnesty is a normative act of the supreme authority - State Duma - on a one-time exemption from criminal punishment for a certain category of convicts. Amnesty act usually published in connection with significant dates or significant events for the state. The decree on amnesty establishes categories of persons to which it applies, and indicates what types of mitigation of the fate of convicted or accused persons apply to certain categories. Full exemption from punishment is most often applied to persons who have committed less dangerous crimes and who have merits before the state (war veterans, persons awarded orders), or to disabled people of groups I and II, women with young children. For other convicts, the term of punishment is reduced to a greater or lesser extent. Each amnesty contains a list categories of convicts to whom it does not apply. Usually these are people who have been convicted more than once, who have committed the most dangerous crimes, those who have already been released under an amnesty, but then committed a crime again, as well as malicious violators of the sentence serving regime. specific grounds for exemption under the act of amnesty is a personal decision of the administration of the body executing the sentence, approved by the Department for the Execution of Punishments and sanctioned by the relevant prosecutor, or a personal decision of a specially created commission, which includes representatives of the court, prosecutor's office, justice. Pardon is carried out on the proposal of pardon commissions established in each subject of the Federation by the President of the Russian Federation. In his decree, a specific person is named to whom this act applies. Act of pardon face, convicted of a crime may be released from further serving the sentence, or the sentence imposed on him may be reduced or replaced by a milder type of punishment. Along with this, acts of pardon from persons who have served their sentences, a criminal record may be expunged. Pardon can be requested the convict himself, his lawyer, relatives and other persons. However, a petition for pardon must be submitted by the institution or body executing the punishment. Typically, such petitions are sent in respect of persons who have proven their correction and have served at least half of the term of the sentence imposed. In the event that the request satisfied, a decree of the President of Russia on pardon is announced to the convicted against receipt. This ground for release is indicated in the documents issued to the person upon release. On the rejection of the application of the convict it is also announced what he is signing for. Repeated applications for pardon, as a rule, can be submitted no less than six months later, and for those convicted of especially serious crimes - after a year has passed from the date of rejection of the previous application. 78. RELEASE FROM PENALTY DUE TO ILLNESS OR DISABILITY This type of exemption from punishment is established in Art. 81 of the Criminal Code of the Russian Federation, which describes three cases: - exemption from punishment due to severe mental disorder; - exemption from punishment in connection with another serious illness; - exemption from punishment of military personnel in connection with a disease that makes them unfit for military service. With different exemption grounds from punishment the law binds various legal consequences. What unites all these cases of exemption from punishment due to illness is that such a disease occurs in a person after the commission of a crime, including while serving a sentence. The law provides release from serving a sentence of convicts who are ill with a mental disorder or other serious illness. severe mental disorder or other serious illness impede the participation of the person who committed the crime in investigative actions and the exercise of his right to protection or serving the sentence. The release from punishment of persons who have committed crimes and subsequently fell ill with serious illnesses, including mental disorders, is primarily the implementation of the principle of humanism, enshrined in Art. 7 of the Criminal Code of the Russian Federation. In addition to the Criminal Code of the Russian Federation, issues of exemption from punishment are regulated by the Code of Criminal Procedure. List of diseases approved by the Ministry of Health и Ministry of Justice of the Russian Federation and available in all colonies and courts. The Government Decree of February 6, 2004 No. 54 "On Medical Examination of Convicts Presented for Release from Sentence Due to Illness" approved the rules for medical examination of convicts presented for release from serving sentences due to illness, a list of diseases that impede serving punishment. The concept of liberation from serving a sentence due to illness is submitted to the court by the head of the body executing the sentence, based on the conclusion of the medical commission. The presentation, the conclusion of the medical commission and the personal file of the convict are sent to the court. The submission must contain data characterizing the behavior of the convict during the period of serving the sentence. When suffering from a mental disorder, depriving the convicted person of the opportunity to realize the actual nature and social danger of his actions (inaction) or to manage them, the convicted person is subject to release regardless of the nature of the crime committed and behavior during the serving of the sentence and other circumstances. To such persons, the court may appoint coercive medical measures. When suffering from another serious illness, the court shall take into account the nature of illness, the gravity of the crime committed, the identity of the convict, as well as other circumstances of the case. For convicts who are denied in sick leave, if the course of the illness worsens, the materials are re-sent to the court, regardless of the time of refusal. 79. RELEASE FROM SENTENCE ON OTHER GROUNDS Such a norm has long been known to Russian criminal law, but it has always regulated the type of release of a person from criminal liability. The same legal outcome was provided for in the original version of the 1996 Criminal Code of the Russian Federation (Article 77). However, the Federal Law of December 8, 2003 No. 161-FZ changed the position of the legislator, repealed Art. 77 of the Criminal Code of the Russian Federation and supplemented by Ch. 12 of the Criminal Code of the Russian Federation Art. 80.1 (new type of exemption from punishment). The law provides the following basis as a basis for exemption from punishment under Art. 80.1 of the Criminal Code of the Russian Federation: the loss of a sign of public danger by the person who committed the crime, or by the crime itself, due to a change in the situation. The most typical basis This type of liberation is served by a change in the situation, as a result of which either a person ceases to be socially dangerous, or the act committed by him loses a socially dangerous character. The latter case is rare and is associated with such objective changes, which, although they do not lead to the decriminalization of the act, nevertheless, in this particular case, entail a reassessment of the degree of its public danger. For example, after the end of the Great Patriotic War, such a change in the situation took place when food cards were canceled, as a result of which the forgery of such cards was no longer recognized as fraud. In the literature, a change in the situation is interpreted as an objective change in the country as a whole and as a change of a local, local nature, for example, the liquidation of the enterprise where the abuse of official position was committed. The most commonly viewed species exemption from punishment can be applied in cases where a change in the situation concerns only the person who committed the crime. This opportunity opens up in the event of a major change in that person's life, such as a change of job, conscription, or discharge from military service. With all of the above in the law of reasons, the court pronounces a guilty verdict, imposes a punishment, and releases the guilty person from punishment with appropriate justification. Criminal executive legislation of the Russian Federation allows the possibility of release from serving a sentence and on other grounds provided for by law. Among these grounds First of all, there is a change in the criminal law. According to Article 10 of the Criminal Code of the Russian Federation, a criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the situation of a person who has committed a crime, has retroactive effect, that is, it also applies to persons serving sentences. If the new criminal law softens punishment for an act that a person is serving, then this punishment is subject to reduction within the limits provided for by the new criminal law. Release from serving a sentence due to the issuance of a criminal law, which has retroactive effect, in accordance with the norms of the criminal procedure legislation, is carried out by the judge at the place of execution of the punishment, at the request of the convicted person or at the recommendation of the prosecutor or the body in charge of the execution of the punishment. The basis for release from serving a sentence is also the deferment from serving sentences to convicted women with young children. 80. SUSPENSION OF SENTENCE FOR CONVINCED PREGNANT WOMEN AND WOMEN WITH CHILDREN Convicted pregnant women and women with children who are serving sentences in a correctional colony may be granted a deferment from serving sentences during pregnancy and until the child reaches the age of 14 by a court. Postponement of serving punishment is not applied to women convicted for more than five years for committing grave and especially grave crimes against a person. The legislation does not establish the period required for granting a deferral of serving a sentence. Correctional Administration independently decides when a convicted woman with a minor child can be presented for a reprieve from serving a sentence. The delay condition is the conviction of the administration of the correctional institution that the woman has reached the necessary degree of correction and can live in freedom. A convicted woman or relatives must have housing and other conditions that ensure her normal living with the child. If a convicted woman lives with a family or with relatives, the law requires the written consent of the family or relatives to accept the convict with the child for independent living. Correctional Administration sends a submission to the court, which is accompanied by a description of the convicted person, a certificate of the consent of the relatives to accept her and the child, provide them with housing and create the necessary conditions for living, or a certificate of the availability of housing and the necessary living conditions for her, a medical report on pregnancy or a certificate of the presence of a child , as well as the personal file of the convict. The administration of the correctional institution, having received a court ruling on the postponement of serving the sentence in relation to the convicted, releases her. A signature is taken from her to appear at the penitentiary inspection within 3 days from the date of arrival. The convict follows to the place of residence independently, at the expense of the state. The penitentiary inspection, having received a copy of the court ruling on the postponement of serving a sentence, puts the convict on record and monitors her behavior, about which informs within 3 days to a correctional institution at the place of release of the convicted person. In case of non-arrival convicted within 2 weeks the penitentiary inspection carries out initial search activities and, if the results are not achieved, announces a search for the convict. For repeated violation of public order or labor discipline, if for the first time administrative or disciplinary sanctions were applied, or when evading the upbringing of the child and caring for him, the penitentiary inspection announces a warning to the convict. If the convict abandoned the child or continues to evade his upbringing, the penitentiary inspection submits to the court a proposal to cancel the deferment. A convict is considered to be evading the upbringing of a child if she, without officially abandoning the child, left him in a maternity hospital or transferred him to an orphanage, in the event that he leads an antisocial lifestyle and is not engaged in the upbringing of the child and care for him, or left the child to relatives or other persons, or disappeared, or commits other actions that indicate evasion from raising the child. 81. ASSISTANCE TO THE ADMINISTRATION OF CORRECTIONAL INSTITUTIONS IN THE LABOR AND HOUSEHOLD DEVICE OF RELEASED CONVENTS This issue is regulated by the Constitution of the Russian Federation, federal legislation, the Penal Code, the Labor Code, the Housing Code, and, importantly, by-laws. The Constitution states that every citizen of the Russian Federation has the right to work and housing, but, unfortunately, these constitutional norms are often violated. Persons released from places of detention are deprived of rights. Currently under conditions instability of society, rising unemployment, convicts released from correctional institutions experience significant difficulties, especially in employment and household arrangements, which often pushes them to commit new crimes. Administration of penitentiary institutions, territorial bodies of internal affairs, in cooperation with local governments, carry out a lot of preparatory work to prepare convicts for release. Not later than two months before the expiration of the term of arrest or six months before the expiration of the term of restriction or imprisonment in relation to those sentenced to imprisonment for up to six months after the sentence enters into force, the administration of the institution notifies the local authorities and the federal employment service at the chosen place of residence of the convicted person about his forthcoming release, the availability of housing, his ability to work and available specialties. For convicted juveniles, who do not have parents or other persons with whom they can live, as well as minors whose parents are deprived of parental rights, the administration of the institution executing punishment sends such information to the commission on juvenile affairs at the chosen vacated place of permanent residence for registration of guardianship or guardianship. Disabled people of II and III groups, men over 60 years old and women over 55 years old, at their request and on the proposal of the administration of the institution, are sent by social protection bodies to homes for the disabled and the elderly. The stage of preparation for release begins directly with the fact that a statement is taken from the convict in the prescribed form, where he indicates what kind of help he needs. Based on this statement, the administration institution sends a request to the internal affairs bodies on the possibility of residence of the convict at the chosen place of residence. If necessary, the letter contains a request to resolve through the mayor's office or local administration the issue of providing the convict with housing and work. If the released person does not need help, then the application is not sent to the internal affairs bodies. Frequent cases, when answers are received from there about the impossibility of labor and domestic arrangements for the released person at the chosen place of residence. In this case, the chief inspector informs the convict on labor and domestic arrangements and, with his consent, takes measures to resolve the issue of labor and domestic arrangements in other places. In this way, the administration of penitentiary institutions contributes to the improvement of persons released from custody. 82. RENDERING ASSISTANCE TO RELEASE CONFIDENTS Restriction of liberty, arrest and imprisonment are punishments that can be served outside the place of residence. A woman, to whom a deferment of serving a sentence has been applied, is obliged to observe public order and labor discipline, to take care of the child and his upbringing. For violation of these duties, the penitentiary inspection announces a warning to her. If the convict has abandoned the child or, despite the announced warning, continues to evade the upbringing and care of the child, the penitentiary inspectorate at the place of her residence submits to the court a proposal to cancel the deferment and execute the imposed punishment or its unserved part. The submission shall be accompanied by a copy of the court ruling on the postponement of serving the sentence. Themselves disorderly conduct or labor discipline, which entailed the application of administrative or disciplinary measures, if they are not related to the failure to fulfill obligations in relation to the child, cannot serve as a basis for canceling the deferment. However, once the child reaches the age of 14 the behavior of the convict during the period of deferral, in conjunction with other circumstances (the nature and degree of public danger of the crime committed, the woman's attitude to raising a child, served and unserved terms of punishment) should be taken into account when the penitentiary inspection submits to the court a proposal for the release of the convicted from serving the remainder of the sentence or replacing the remaining unserved part of the punishment with a milder type of punishment or sending it to a correctional institution. Convicted, released from these types of punishments, free travel to the place of residence is provided in rigid common carriages of passenger trains and 3rd class cabins on passenger line ships. Pregnant women from the 5th month pregnancy and with children under three years of age, minors under 16 years of age, the disabled and the sick are issued tickets for second-class carriages or cabins of the 2nd class. In the event that there is no railway or water communication for this direction, then those exempted receive a ticket for air or bus transport. For travel time they are provided with food, and in the absence of seasonal clothing and funds to purchase it, with clothing at the expense of the state. If there is no money in the personal account of a convicted person, he may be given a one-time cash benefit in the amount of one minimum wage, and for those released from a correctional colony - up to two minimum wages. In exceptional cases, the convicted next to the place of residence or work and who is in a difficult financial situation, the penitentiary inspection or the department for the execution of sentences may be issued an additional a one-time allowance of up to 1/10 of the minimum wage. When convicts are released who need outside care for health reasons, pregnant women and women with young children, as well as minors under 16 years old, the administration of the institution informs relatives or other persons in advance. Article 83 A citizen who has served a criminal sentence has the right, established for citizens of the Russian Federation. Of particular importance for the released citizens is the right to work, housing, and receiving social assistance. Practice shows that persons released from correctional institutions prefer to find a job on their own, without the help of state bodies. To do this, you need to contact the employment center at the place of residence. In accordance with the joint instruction of the Ministry of Internal Affairs of the Russian Federation and the Federal Employment Service of the Russian Federation of September 28, 1992, those released from punishment have the right of priority employment. A citizen who applied to the employment service, must submit a passport and a document on education. In the absence of a passport, it must first be obtained at the police station. In addition, a work book is presented, and in case of absence - a certificate from the last place of work. Those released from places of deprivation of liberty also submit a certificate of release. The applied citizen is selected for a job and with his consent, a letter of recommendation or referral is issued, with which he must appear at the time indicated there for registration. If for some reason the hiring did not take place, the personnel department must justify the refusal in writing on the spine of the referral and certify it with a seal. This document is returned to the employment service, who is looking for another job. In view of the fact that unemployment exists in a number of regions of the country, the question arises of the right of a person exempted to unemployment benefits if there are difficulties with his employment. To claim unemployment benefits the released person must have a certificate from the correctional institution on earnings. Able-bodied disabled people and persons with medical restrictions to certain types of work must have with them a certificate from the VTEC or the medical control commission on the recommended types of work. The amount of unemployment benefit depends on the salary of the convict during the serving of the sentence, but in any case it cannot be less than the established minimum wage. The allowance is paid until the issue of employment is resolved, but not more than 12 months, except as provided by law. Liberated Citizen, who had a living space before conviction, with the consent of the residents living there for registration, can freely return to their former place of residence, regardless of the nature of the crime committed, the term of punishment served, the number of convictions and the grounds for release. The abolition of restrictions on registration based on a criminal record does not mean the right of a released person to live in any locality in Russia. In a number of major cities, restrictions on the registration (propiska) of newly arriving citizens who have not previously lived there. They are not connected with the presence of a criminal record, they concern all citizens and are caused only by overcrowding in these large cities. Therefore, persons who married while serving their sentence or after their release can be registered (registered) with their spouse, regardless of where they lived before arrest, of course, with the consent of all those living in this living area. 84. CONTROL OVER PERSONS RELEASED FROM PENALTY Control plays an important role in consolidating results correction and prevention of recidivism on the part of persons who have served criminal sentences. The current penal legislation provides for four organizational and legal forms of control. For military personnel, control carried out by the command of military units and institutions. During this control, it is checked how the parolee fulfills the duties assigned to him by the court - not to change his place of residence, work, study, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse, venereal disease, provide material support families and others. For persons convicted of serious crimes or convicted two or more times for any intentional crimes or previously released from places of deprivation of liberty before the full serving of the term of punishment imposed by the court on parole and who again committed an intentional crime during the unserved part of the punishment, administrative supervision is established. It is established for a period of six months to one year. If necessary, it can be extended each time for another six months, but not more than the terms established for the repayment or removal of a criminal record. Persons subject to administrative supervision restrictions may be applied in the form of a ban on leaving the house (apartment) at a certain time, a ban on staying in certain points of the district, city, a ban or restriction on the time of departure on personal business outside the district, city. Specific restrictions apply for each person are established by the head of the internal affairs body in full or in part, depending on the behavior of the supervised person, his marital status, place and schedule of work and other circumstances. Restrictions can be changed by the internal affairs body (in the direction of mitigation or strengthening) depending on the behavior of the person under supervision, taking into account his personality, changes in the nature or schedule of work. Control the behavior of conditionally convicted persons during the probationary period is carried out by the penal inspection, and in relation to military personnel - by the command of their military units. Employees of other services of the bodies of internal affairs and justice may be involved in the exercise of control. The penitentiary inspection carries out a personal record of conditionally convicted persons and controls the fulfillment by them of the duties assigned to them by the court. The probationer is required to report before the penitentiary inspection and the command of military units about his behavior, to fulfill the duties assigned to him by the court, 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 a conditionally convicted person evades verification the penitentiary inspection carries out initial measures to establish his location and reasons for evasion. The court, when imposing a conditional sentence, may impose on the conditionally convicted person the performance of certain duties in accordance with the law. 85. GENERAL PROVISIONS FOR THE IMPLEMENTATION OF THE DEATH PENALTY The death penalty - an exceptional measure of punishment provided for by the Criminal Code. In accordance with Art. 20 of the Constitution of the Russian Federation, it can be established only for especially grave crimes encroaching on life. In the Criminal Code, this measure is included in the sanctions of five crimes: murder (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), an 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). After joining the Council of Europe The Russian Federation has signed Protocol No. 6 to the European Convention for the Protection of Human Rights concerning the abolition of the death penalty in peacetime. However, this Protocol shall enter into force after it has been ratified by the Federal Assembly of the Russian Federation and signed by the President of Russia. So far this Protocol has not been ratified. On February 2, 1999, the issue of the possibility of applying the death penalty in Russia was considered by the Constitutional Court of the Russian Federation. He acknowledged that since a person who is charged with a charge under an article that provides for the death penalty as a sanction has the right in accordance with Part 2 of Art. 20 of the Constitution of the Russian Federation for consideration of his case by a jury, and such courts have not been created in all subjects of the Federation, citizens tried in different regions are placed in an unequal position. Therefore, the Constitutional Court recognized that, until the establishment of jury trials in all regions of Russia, the death penalty cannot be imposed by any court of the Russian Federation. The death penalty is not given to women juveniles and men who have reached the age of 65 at the time of sentencing. The law does not regulate the time within which the sentence must be carried out. From the moment it enters into force and until it is enforced, quite a long period often passes, in some cases calculated in years. After sentencing those sentenced to death are dressed in special clothes. The convict may send a petition for pardon to the President of the Russian Federation. An application for pardon is submitted through the administration of the institution or body executing the punishment. At the same time, the execution of the punishment is suspended until a decision is made by the President of the Russian Federation. If the convicted person refuses to file a petition on pardon by the administration of the correctional institution, an appropriate act is drawn up with the participation of the prosecutor. However, consideration issue of the application of pardon to persons sentenced to death is mandatory, regardless of the presence or absence of his application. The administration of the institution in which the convict is kept is obliged to inform the President's Office about new circumstances that are important for considering the issue of pardon: a serious illness of the convict, the commission of a new crime. The sentence is carried out only after the administration of the institution where the convicted person is being held receives the conclusions of the Chairman of the Supreme Court of the Russian Federation and the Prosecutor General of the Russian Federation on the absence of grounds for filing a protest against the verdict of the court in the exercise of supervision and the decree of the President of the Russian Federation on the refusal of pardon. 86. LEGAL STATUS OF CONDEMNED TO THE DEATH PENALTY For the first time in Art. 20 of the Constitution of the Russian Federation enshrines the right of citizens to life and says that the guilty can be sentenced to death only for especially grave crimes against life. Such a formula of the law indicates that it is not only about the murder provided for in Part 2 of Art. 105 of the Criminal Code of the Russian Federation, but also about other crimes, one of the objects of which is human life. In the Criminal Code of the Russian Federation, this measure is included in the sanctions of four more crimes placed by the legislator in different chapters: encroachment on the life of a statesman or public figure (Article 277), encroachment on the life of a person, administering justice or preliminary investigation (art. 295), encroachment on the life of a law enforcement officer (art. 317), genocide (art. 357). At the same time, in all cases, the sanctions provide for life imprisonment and imprisonment for a certain period (up to 20 years) as an alternative. In this regard, the question arises whether this means that at the moment of accession to the Council of Europe in our country, the execution of death sentences is automatically suspended. Naturally, by joining an existing organization, Russia as a new member must recognize its founding principles. At the same time, the question arises whether a new member joining the Council of Europe may have some disagreements with its other members, or whether all members of the Council of Europe should have absolutely the same approaches to resolving all issues. In the European Convention for the Protection of Human Rights, unlike Protocol No. 6, states: "No one can be deliberately deprived of life except in execution of a death sentence pronounced by a court for a crime for which the law provides for such punishment" (paragraph 1 of article 2). This means that the Convention itself, unlike Protocol No. 6, does not in principle exclude the retention of the death penalty in any European state. The Penal Code provides sentenced to death a number of rights. These rights must be explained to him. The convict, both before and after the entry into force of the sentence, has the right to formalize the necessary civil law and marriage and family relations. This may relate to the execution of a will, a donation agreement, sale and purchase, marriage registration, recognition of oneself as the father of a child, including an unborn child. He can issue a power of attorney to conduct any of his affairs. In order to receive legal assistance, the convict has the right to have meetings with a defense counsel, i.e. with a lawyer or other person entitled to provide legal assistance, without limiting the number and duration. Death row prisoners have the right to send and receive letters without restriction. Emails sent and received are censored. Convicts are allowed to use newspapers and books from the library of places of deprivation of liberty. They can purchase products through the administration staff food in the store of the place of deprivation of liberty in the amount of up to 20% of the minimum wage. Prior to the entry into force of the sentence, relatives can buy for them in the same store transfers that are handed to them by the administration. After the entry into force of the sentence, convicts may receive one parcel or package and one parcel per year. 87. PROCEDURE FOR THE IMPLEMENTATION OF THE DEATH PENALTY The death penalty is the most severe punishment known to the law The death penalty is carried out non-publicly by firing squad. Execution is carried out in certain, so-called "execution", pre-trial detention centers and prisons. A person sentenced to death has the right to appeal the verdict. But even in the absence of a complaint, the correctness of the conviction is checked by way of supervision by the Supreme Court of the Russian Federation and the General Prosecutor's Office, which give their opinions on the correctness of the application of the death penalty. Filing a complaint with a convict, including by way of supervision, suspends the execution of the sentence until a response is received from the relevant authority. After the entry into force of the verdict, the convict may send a petition for pardon to the President of the Russian Federation. If he refuses to ask for pardon, an appropriate act is drawn up with the participation of the prosecutor. But both in the case of writing a petition, and in case of refusal of the convict, the question pardon is still considered by the President of the Russian Federation. After the rejection of all complaints and a petition for pardon, or if the President refuses to pardon the convicted person, the sentence is subject to execution. Institution administration, in which the convicted person is kept, is obliged to immediately inform the authorities where the petition for pardon is being considered, about new circumstances that are important for the consideration of such a petition - the death or serious illness of the convicted person, the commission of a new crime by him, the change or cancellation of the court verdict. Those sentenced to death must be periodically visited by the public prosecutor. Among the rights that are granted to the convict (and which should be explained to him), it is necessary to name the possibility of formalizing the necessary civil law and marriage and family relations. This may relate to writing a will, registering a marriage, recognizing oneself as the father of a child. To receive legal assistance, a convicted person has the right to have meetings with a lawyer without restrictions on the number and duration; if both of these persons wish, in private. The law does not regulate the time period within which the sentence must be executed. Bringing the verdict execution is entrusted to a specific employee of the pre-trial detention center or a controller who has good shooting skills and a stable psyche. Execution of the death penalty in relation to several convicts, it is carried out separately in relation to each of them and in the absence of the others. Before the execution of the sentence, the identity of the convict and the absence of mental illness are once again checked. If the convicted person has a mental disorder, the execution of the sentence is suspended, and a notification is sent to the court that passed the sentence. When executing the sentence, it is necessary the prosecutor, the head of the institution in which the death penalty is executed, and the doctor who certifies the death are present. A protocol is drawn up on the execution of the sentence, signed by all the indicated persons. institution administration, executing the sentence, notifies the court that decided it, as well as one of the close relatives of the convicted person. The body is not issued for burial and the place of its burial is not reported. 88. ENFORCEMENT IN THE USA In the United States, there is a rather mixed picture of the combination different systems in organizing the execution of imprisonment in the country as a whole and its individual states. The most common punishments are fine, probation and imprisonment. The institution of probation is close in essence to the criminal law institution of probation operating in Russia, and in real content it is a type of criminal punishment not related to imprisonment. Mandatory conditions of probation are the failure to commit a new crime under federal or state law during the probation period. If at the same time with a sentence of probation, the sentence of fine comes into force, the payment of the fine also becomes a condition of probation. In addition, alternative probation conditions prescribed by the court may be: - material support for persons dependent on the convict, as well as the performance of other family responsibilities; - implementation of restitution in relation to the victim; - conscientious work, passing a course of vocational training in order to subsequently perform suitable work; - refraining from any specific performance of an occupation, business or work; - refraining from visiting certain places and communicating with certain persons; - refraining from excessive consumption of alcohol or narcotic and other controlled substances unauthorized by a special medical worker; - refraining from possession of a destructive device, firearms or other dangerous weapons; - undergoing affordable medical, psychiatric or psychological treatment (including for alcoholism, drug addiction) with a stay, if necessary, in an institution indicated by the court. If the convict violates the conditions of probation during its departure, then, at the initiative of the probation service, the court may take the following decisions: 1) continue probation with or without extension of its term, with or without changing the conditions; 2) annul the sentence of probation and impose another punishment that may be applied for the committed criminal offence. The most common criminal punishment in the United States is a penalty. The fine must be paid immediately, unless the court, at the time of sentencing, requires payment by a certain date or establishes a schedule for payment in instalments specifying specific dates for payment. The payment of the fine is considered late, if any part of it is not paid within 30 days from the time when it was due, and if the delay is more than 90 days, the penalty is considered unpaid. A person sentenced to a fine who has shown conscientiousness in observing the deadlines for the execution of punishment, may file an application with the court to extend the schedule for paying the fine in installments for a period of not more than two years or to cancel the payment of the unpaid portion of the fine. Execution of punishment in the form of deprivation of liberty is carried out in the United States in executive institutions, the system of which includes federal prisons, state prisons and local (county and municipal) prisons. 89. ENFORCEMENT OF PENALTY IN THE UK The procedure and conditions for the execution of punishment in the UK are carried out using the provisions of case and statutory (criminal, criminal procedure, penitentiary) law. In the UK to measures not related to deprivation of liberty include suspension of sentence, probation, provision of services to society. Purposes of punishment achieved before his appointment. The Crown Court or the Magistrates' Court may suspend sentencing for a period not exceeding six months after the arraignment. Another kind of punishment An alternative to imprisonment is probation. The court, taking into account the criminal offense, the identity of the perpetrator and other circumstances, issues a probation order, according to which the convicted person will be under the supervision of the probation service for a period determined by the order (from one to three years). The court may impose duties on the convicted person, which should contribute to his good behavior and the prevention of relapse. At the same time, the convict is obliged to live in a correctional hostel, correctional center or other institution. By order of the court on probation may include a requirement that the convict visit a day care centre. In case of violations of the conditions of probation, the court may: 1) summon the convict; 2) issue an order for his arrest; 3) impose a fine on the convicted person. The court, having established that the convicted person no longer needs probation, on the basis of the application of the convicted person or a representative of the probation service, may issue an order to transfer from probation to conditional release (for the remaining period of probation), provided that no new crime has been committed during this period. A serious form of punishment without imprisonment is the order "On the provision of services to society", which consists in the performance of free work (from 40 to 240 hours). This order is appointed with the consent of the offender and in the presence of conditions for its actual execution. The execution of the order is carried out by the probation service. A convict in respect of whom an order for the provision of services to the society has entered into force is obliged to inform the probation service about the change of residence, as well as to perform such work and at a time indicated by the head of the probation service. The work continues usually within a year. If a convicted person fails to comply with the requirements of a public services order, the Magistrates' Court or the Crown Court may impose punitive or other measures on the convicted person, as well as cancel (in accordance with the competence of the court) this order and proceed to another punishment. UK penitentiary system consists of central and local prisons. Local penitentiaries (county jails, city jails) hold individuals awaiting trial and sentencing. In addition, the main categories of criminals are serving sentences here: - sentenced to short terms of imprisonment; - Convicted for non-payment of fines, debts and other minor crimes. The network of these establishments is still relatively small (less than 1/4 of the penitentiary system), but continues to increase, since it costs the state less than closed prisons and allows prisoners to maintain socially useful ties with the outside world. 90. ENFORCEMENT OF PUNISHMENT IN FRANCE France is the birthplace of the continental system of law. Unlike Great Britain, in France, the historical sources of criminal, criminal procedure and penitentiary norms are not judicial precedent, but codified law and by-laws. The system of criminal penalties under the new French Criminal Code consists of three parts, focused on criminal acts classified by severity: crimes, criminal offenses, criminal violations. For the commission of a crime can be appointed: life imprisonment or life imprisonment; imprisonment or imprisonment for up to 30 years; imprisonment or imprisonment for up to 15 years. Criminal offenses entail corrective punishments: 1) imprisonment (for a term not exceeding six months, one year, two, three, five, seven, ten years); 2) fine; 3) a fine in the form of fine days. The commission of a criminal offense may result in the following penalties: - fine; - deprivation or restriction of rights. Penalty in the form of fine days consists in the fact that the convicted person must contribute to the state treasury an amount, the total amount of which is determined as a result of the appointment by the judge of the daily contribution, multiplied by the appointed number of days. The amount of each penalty day determined taking into account the income and obligations of the defendant. The number of fine days is assigned taking into account the circumstances of the criminal offense (no more than 360). Total fine must be paid after the expiration of the period corresponding to the number of penalty days assigned. Full or partial non-payment of this amount entails the imprisonment of the convicted person for a period corresponding to half the number of unpaid fine days. Detention is carried out in this case in the mode of execution of punishment in the form of imprisonment. Punishment in the form of performance of work in the public interest cannot be appointed against the will of the offender or in his absence at the court session. The term for engaging in work in the public interest does not exceed 18 months. It ends with the completion of the entire amount of work. If there are serious medical, family, professional or other reasons, the term of execution of the sentence may be suspended by the judge for the execution of sentences of the district where the convicted person permanently resides, or by the judge for the execution of sentences of the court. Work in the public interest is carried out by convicts, taking into account the provisions of laws and by-laws relating to night work, hygiene, security measures, women's and youth work. The following types of deprivation or restriction of rights may follow the commission of a criminal offense: 1) deprivation of a driver's license for a period not exceeding five years; 2) prohibition of driving certain vehicles for the same period; 3) cancellation of a driver's license with a prohibition for up to five years to seek the issuance of new rights. The court may impose punishment in the form of temporary (up to ten years for a crime, up to five years for a criminal offense) deprivation of political, civil and family rights. Temporary deprivation of the right to vote and to be elected means at the same time a ban on being in public service. Author: Kakovkina Ye.N.
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