ST 49 of the Criminal Code of the Russian Federation.
1. Compulsory work consists of the convicted person performing free socially useful work during his free time from his main work or study. The type of compulsory work and the facilities at which they are served are determined by local government bodies in agreement with the penal inspections.
2. Compulsory work is established for a period of sixty to four hundred and eighty hours and is served for no more than four hours a day.
3. In case of malicious evasion of a convicted person from serving compulsory works, they are replaced by forced labor or imprisonment. In this case, the time during which the convicted person served compulsory labor is taken into account when determining the term of forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment for eight hours of compulsory labor.
4. Compulsory work is not assigned to persons recognized as disabled people of the first group, pregnant women, women with children under three years of age, military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in military positions of privates and sergeants. if at the time of the court’s sentencing they had not served the statutory period of conscription service.
Characteristics of punishment
In Art. 49 of the Criminal Code of the Russian Federation describes what compulsory work is under the Criminal Code of the Russian Federation and in what cases they can be applied. Compulsory labor and criminal executive law are closely related to each other, because without a supervisory authority to implement Art. 49 of the Criminal Code of the Russian Federation, it will be difficult. Compulsory labor in criminal law is designated as a type of coercion, which is assigned by court verdict, in order to restore social justice and prevent the commission of new violations.
The essence of the punishment is that the convicted person must, in his free time from his main job or study, perform socially useful actions assigned to him free of charge. The type of compulsory labor and the place of serving the sentence are determined by the correctional authority and local government bodies. In most cases, the offender performs acts of improvement of the city, caring for the sick, or loading and unloading work, which do not require special knowledge, skills or special qualifications. During the trial, the convict's ability to work will be established; in most cases, this type of retribution is associated with physical labor; if, for health reasons, the offender cannot carry out the punishment, it will be replaced by another.
According to the Criminal Code of the Russian Federation, the use of compulsory labor is possible only as the main punishment. Sometimes they can replace a fine, that is, they can act as an alternative sanction.
Mandatory actions for the benefit of the public are assigned only at the place of residence of the offender. A person is not sent to neighboring regions to serve his sentence. During the execution of the sanction, the person has the right to attend the workplace and educational institution as usual.
The legislation establishes the period of execution of a sentence in hours. The maximum sanction limit is 240 hours; punishment cannot be carried out for more than 4 hours per day. During the week, the time for serving the sentence should not be less than 12 hours.
One might think that compulsory labor is not an effective method of correcting criminals, because they do not have any severity in them. In fact, this is not so, because the execution of assigned actions occurs under coercion, and not according to the person’s own will. The type of compulsory employment is chosen by the correctional institution, and the convicted person cannot choose what to do. Accordingly, the punishment consists of doing unpleasant work, one that he would never have chosen himself. Often the most difficult thing for a convicted person is the glances of passers-by, colleagues and acquaintances who see him performing a shameful deed. It is the psychological impact in this case that acts as punishment - the person is ashamed of his offense, and in order not to find himself again in such an awkward situation, he will no longer break the law. Moreover, all public activities are free, the criminal does not receive anything in return, he has less free time, which in turn also affects his usual way of life.
Article 49 of the Criminal Code includes a list of persons who may be assigned this preventive measure, and a list of those to whom this sanction does not apply. Mandatory work is not assigned:
- pregnant women;
- disabled people;
- women with children under 3 years of age;
- military personnel.
Most often, this sanction is assigned to juvenile offenders. The fact is that, due to their development, juvenile offenders are not yet so dangerous and imposing a more severe punishment does not make sense. You can correct your worldview and attitude towards public interests by forcing you to do unpleasant work.
Persons sentenced to this measure of responsibility are required to strictly comply with the internal regulations of the enterprise to which they will be assigned. Conscientiously fulfill assigned obligations, upon first request, visit the executive inspection and notify its employees of a change in place of residence.
Criminal executive legislation restricts some of the rights of convicted persons during punishment; for example, annual leave from their main job does not suspend the implementation of mandatory sanctions. Also, work will not be suspended without compelling reasons described in the legislation. In the event of a serious illness of a convicted person or a woman becoming pregnant, the subject may submit a corresponding petition to terminate further punishment or replace it with a fine.
general characteristics
Concept
Compulsory work means a type of punishment in the form of convicts performing socially useful work in their free time from their main work activity or study.
Procedure for execution of punishment
The responsibility for the execution of punishment is assigned to the penal inspections located at the place of permanent residence of the guilty person. According to the law, a convicted person must be involved in work activities within 15 days from the moment the inspector receives a resolution with a copy of the court verdict.
Types of compulsory work
The types of compulsory labor intended to correct a criminal, as well as the facilities where they serve their sentences, are determined by local government bodies.
Determination of the place and type of activity is possible only with the approval of the penal inspection located at the place of permanent residence of the offender.
Duration
The total duration of mandatory work must fit into time intervals from 60 to 480 hours.
The time spent performing such activities should be no more than 4 hours on weekends and those days when the guilty person is not engaged in his main work or educational activities. During working hours, the duration of work should not exceed 2 hours.
Attention! As a rule, the total duration of such compulsory activity cannot be less than 12 hours per week. If there are good reasons, the inspector may allow the convicted person to work less time per week.
Execution order
Control over the execution of compulsory labor by law is assigned to the divisions of the criminal executive authorities at the place of registration of the person serving the sentence. The enterprises where those convicted by court decision must work are determined by the administrations of the territorial division.
The list of these organizations, compiled in the form of a table or list, is agreed upon by the body monitoring execution. The law establishes that work begins within fifteen days from the moment the materials are received by the inspectorate.
The divisions of executive bodies perform the following functions:
- take into account persons assigned to compulsory work;
- explain the rules for performing work;
- control the execution of punishment and labor discipline of convicts;
- take into account the receipt of funds for the work performed.
The enterprises where the work is performed transfer the funds earned by the convicts every month. Labor is valued according to the tariffs established at the enterprise. The funds earned by the convicted person are of a targeted nature and are transferred to the budget of the relevant organization.
If an accident occurs to a convicted person while performing work, then the administration of the enterprise is guided by Labor legislation. The damage received is compensated to the person serving the sentence in full.
Commentary on Article 49 of the Criminal Code of the Russian Federation
Commentary edited by Rarog A.I.
1. Compulsory work consists of the convicted person performing free socially useful work during his free time from his main work or study. The type of compulsory work and the facilities where they are served are determined by local government bodies in agreement with the penal inspections at the place of residence of the convicted person.
2. Compulsory labor is assigned only as the main punishment, mainly for crimes of minor or medium gravity, for example, for violation of privacy (Part 1 of Article 137 of the Criminal Code), violation of copyright and related rights (Part 1 of Article 146 of the Criminal Code), registration of illegal transactions with land (Article 170 of the Criminal Code), illegal use of a trademark (Article 180 of the Criminal Code), etc.
3. The punitive content of this type of punishment consists primarily in the deprivations and restrictions that the convicted person undergoes in the process of its execution: increasing the length of the working day by reducing rest time; gratuitousness of labor, its difficult, unprestigious nature; psychological discomfort associated with a criminal record, etc. However, at the same time, the convicted person is not limited in his personal freedom; the punishment is carried out within a relatively short period of time, allowing the convicted person to keep his main job or continue his studies. All this provides grounds for expanding the scope of application of this punishment.
4. Compulsory work is established for a period of 60 to 240 hours and is served no more than four hours a day (Part 2 of Article 49 of the Criminal Code). According to the same rules, the period of compulsory work is determined in the case of malicious evasion of paying a fine and its replacement with compulsory work in accordance with Part 5 of Art. 46 of the Criminal Code. As for the specific term of this type of punishment, it is appointed by the court within the limits established by the sanction of the article of the Special Part of the Criminal Code of the Russian Federation for this crime.
5. The serving of compulsory labor by minors has a certain specificity. In accordance with Part 3 of Art. 88 of the Criminal Code, compulsory work is assigned to them for a period of 40 to 160 hours, consists of performing work that is feasible for a minor, and is performed by him in his free time from study or main work. The duration of execution of this type of punishment by persons under the age of 15 years cannot exceed two hours a day, and by persons aged 15 to 16 years – three hours a day.
6. In case of malicious evasion of a convicted person from serving compulsory works, they are replaced by imprisonment. In this case, the time during which the convicted person served compulsory labor is taken into account when determining the term of imprisonment at the rate of one day of imprisonment for eight hours of compulsory labor.
The concept of malicious evasion from serving compulsory labor is disclosed in Art. 30 of the Penal Code of the Russian Federation. A convicted person is considered to have maliciously evaded serving compulsory labor:
– failure to perform mandatory work more than twice within a month without good reason;
– violated labor discipline more than twice within a month;
– absconding in order to evade serving a sentence.
To recognize an evasion as malicious, it is sufficient to establish the presence of at least one of the above violations. The fact of seriousness of the violation is established only by the court.
7. The scope of application of compulsory work is limited to a certain circle of persons. So, in accordance with Part 4 of Art. 49 of the Criminal Code, this type of punishment is not imposed on persons recognized as disabled people of the first group, pregnant women, women with children under three years of age, military personnel undergoing conscription military service, as well as military personnel undergoing military service under a contract in the military positions of private and sergeant composition, if at the time of the court’s sentencing they had not served the statutory term of conscription service. The list of persons to whom the punishment in question cannot be applied is exhaustive and is not subject to broad interpretation.
Judicial practice under Article 49 of the Criminal Code of the Russian Federation
Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 15
When establishing administrative supervision, administrative offenses specified in paragraph 2 of part 3 of Article 3 of the Law, which served as the basis for the cancellation of parole with the execution of the remaining unserved part of the sentence in the form of imprisonment or replacement of a punishment not related to imprisonment with another type of punishment (clause 2 of part 3 of article 3 of the Law on Administrative Supervision, part 3 of article, part 4 of article, part 6 of article 53.1, article, part 7 of article of the Criminal Code of the Russian Federation, part 2 of article 29, part 5 of article 46, part 5 of article 58, part 5 of article 60.2, article 60.17 of the Criminal Executive Code of the Russian Federation (hereinafter referred to as the Penal Code of the Russian Federation).
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 6, 2018 N 1-APU18-9
The statute of limitations for bringing to criminal liability for the commission of the above acts is calculated from the date of commission of the new act on June 13, 2005 and is 15 years under the legislation of Ukraine, 10 years from the date of commission of a serious crime in accordance with paragraph “c” of Part 1 of Art. Criminal Code of the Russian Federation. At the same time, both according to the legislation of Ukraine (Article of the Criminal Code of Ukraine), and in accordance with Part 3 of Art. 78 of the Code of Criminal Procedure of the Russian Federation, the limitation period is suspended if the person who committed the crime evades the investigation or trial. In this case, the running of the limitation period is resumed from the moment of detention of the specified person or his surrender.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 13, 2019 N 47-UD19-9
Obstacles to the appointment of S.V. Ivachev there is no specified type of punishment, since, as follows from Part 4 of Art. The Criminal Code of the Russian Federation does not assign compulsory labor to persons recognized as disabled people of the first group, pregnant women, women with children under three years of age, military personnel undergoing military service by conscription, as well as military personnel undergoing military service under a contract in military positions of privates and sergeants. if at the time of the court’s sentencing they had not served the statutory period of conscription service.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 22, 2018 N 127-APU18-2
In accordance with Art. Criminal Code of the Russian Federation, art. The Criminal Code of Ukraine, having established that Bakiyev committed the crime in August - September 2002; that they have committed a crime for which, according to the law, a sentence of life imprisonment cannot be imposed; that more than fifteen years have passed since the commission of this crime, the court came to the correct and reasonable conclusion that, in connection with the above, Bakiyev should be released from the punishment imposed on him.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 21, 2019 N 41-APU19-3
The court considered Martynova’s petition for admission to the case as a defense attorney, along with a lawyer, of her daughter M. in the light of the provisions of Part 1 of Art. of the Criminal Code of the Russian Federation, according to which a defense attorney is, first of all, a person providing legal assistance in a criminal case; carefully clarified the question of whether M. had the skills necessary to carry out the defense, as well as the tasks assigned to her, which consisted in the possibility of her providing assistance of a technical nature, which did not require her to have actual legal knowledge and, accordingly, to acquire the status of a defender. The court’s refusal to satisfy this petition is convincingly motivated and there are no grounds to disagree with its correctness, especially since at the stage of the preliminary investigation M. was interrogated as a witness in order to clarify the source of the monetary contribution and property in her name, which excluded her participation as defender on the grounds of clause 2, part 1, art. 72 of the Code of Criminal Procedure of the Russian Federation, had her own interest in the outcome of the case, as evidenced by her appeal against the verdict in the relevant part.
Determination of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated July 26, 2017 N 72-KG17-2
In accordance with Part 1 of Article of the Criminal Code of the Russian Federation, compulsory work consists of the convicted person performing free socially useful work during his free time from his main work or study. The type of compulsory work and the facilities at which they are served are determined by local government bodies in agreement with the penal inspections.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 18, 2020 N 4-UD20-19
When recognizing a dangerous recidivism, legal significance is given only to convictions in which the convicted person was sentenced to actual imprisonment for a previous and newly committed crime. Those who have previously served a sentence of imprisonment, in particular, include a person who has been sentenced to punishment in the form of a fine, compulsory labor, correctional labor, restriction of freedom or forced labor, who, on the grounds provided for in Part 5 of Art. , part 3 art. , part 4 art. , part 5 art. , part 6 art. 53.1 of the Criminal Code of the Russian Federation, these types of punishment were replaced by imprisonment, which the person served in a correctional institution.
Punishment without deprivation of communication with people
Compulsory labor is one of the types of criminal penalties that is not associated with the isolation of a person from society. The distinctive feature of this punishment is the absence of round-the-clock correctional coercion in the commentary to Article 49.
The following are considered positive aspects of applying measures without depriving people of the opportunity to communicate with people:
- Low level of repressiveness, allowing you to communicate without restrictions in society with other people.
- Relationships with relatives remain inextricable.
- Lack of measures to adapt the convicted person after execution of the sentence, since the social situation did not change.
- There is no connection with the criminal world and, as a result, personality degradation does not occur.
- The effectiveness of public control in the process of mandatory work performance.
The legislation provides for several criminal articles under which those convicted, when brought to justice, remain in civil society.
Compulsory labor is used as punishment for minor crimes:
- in relation to someone else's property;
- against the activities of enterprises and organizations;
- other similar acts.
The places where compulsory labor is performed are designated by the executive authorities of the constituent entities. Divisions of the penal system agree on the objects and form of such work.
The performance of work does not require any professional qualifications from the convicted person. Examples of work performed include:
- Cleaning streets, parks, squares, squares, public transport stops.
- Planting green spaces.
- Support work in shelters and nursing homes.
Types of work are assigned based on the personal characteristics and skills of each person serving a sentence.
Other factors in assigning a certain type of punishment are the possibility of monitoring its execution and the requests of the convicted person.
Who is assigned mandatory work?
Compulsory work is directly related to the use of physical labor, therefore, the penal legislation defines a list of citizens who cannot be involved in such activities.
- Disabled people of group 1.
- Pregnant women and women raising children under 3 years of age.
- Conscripts and contract soldiers (subject to special conditions).
Deviation from execution
If a convicted citizen maliciously evades execution of punishment, compulsory labor may be replaced by forced labor or imprisonment.
The period of time during which the convicted person performed socially dangerous activities is counted when determining the term of imprisonment.
Mandatory work
Article 49 of the Criminal Code regulates the basic rules for the application of compulsory labor as punishment for committing criminal offenses.
In particular, this article contains information about what constitutes such a punishment, the minimum and maximum period of activity. The third part of the article contains information about what awaits a person who maliciously evades execution of punishment. The following contains information about which citizens cannot be involved in such activities due to the severity of its implementation.
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Article 49. Compulsory work of the Criminal Code of the Russian Federation
The connection of Article 49 with other norms
The article of the code contains the main nuances of the application of such a penalty as compulsory labor. In turn, such a measure of responsibility is the central punishment in a number of articles of the Criminal Code.
Accordingly, when assigning responsibility for the guilty person, for example, for crimes committed under Articles 169, 118 of the Code, the judge must be guided by the requirements of Article 49 of the same normative act.
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Article 169. Obstruction of legal business or other activities of the Criminal Code of the Russian Federation
Article 118. Causing grievous bodily harm by negligence of the Criminal Code of the Russian Federation
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