Those sentenced to serve their sentences in a colony-settlement are proposed to be placed in one institution, subject to separate detention and employment

What is a colony-settlement

A colony-settlement is a secure facility on the territory of which convicts are kept serving sentences for crimes of minor and medium gravity, crimes of negligence, as well as those for whom general and strict regimes have been replaced by a more lenient punishment in accordance with Article 80 of the Criminal Code of the Russian Federation or “by re-regime” "(in accordance with Article 78 of the Penal Code of the Russian Federation).

In the Criminal Executive Code of the Russian Federation, articles 128 (“Colony-settlement”) and 129 (“Conditions for serving imprisonment in colony-settlements”) are devoted to colony settlements. These articles are very small and contain very little information. That’s why settlement colonies raise a lot of questions among people – there is too little information.

How is it different from a general regime institution?

It is believed that a colony-settlement is an institution where there are restrictions on freedom, but they are rather conditional.

There are some peculiarities.

1. Prisoners are not locked in separate cells from each other.
2. Free movement around the territory if necessary.
3. Leaving the site upon receipt of permission.

There are no restrictions associated with the transfer of parcels and funds, or their practical use.

The contingent of criminals held inside is another difference between settlements and institutions belonging to the general regime . In Russia, women's and men's prisons can now be opened equally. Free settlements include dormitories, on the territory of which representatives of both sexes can be present. Those who have committed an offense for the first time with moderate or light consequences are placed in such conditions of detention. The same applies to those who broke the law through negligence, without malicious intent.

The high value of labor is another indicator that serves as a distinction. The measure of the degree of correction of a convicted person is the performance of certain types of work. If duties are performed conscientiously, it means that a person is able to establish self-discipline and adapt to life in society. You can get parole if your attitude towards this process is correct.

Why are they sent to a colony-settlement?

According to Article 128 of the Penal Code of the Russian Federation, four categories of convicts serve their sentences in penal colonies:

1. Those convicted for the first time for crimes committed through negligence (for example, for an accident);
2. For the first time convicted of intentional crimes of minor and medium gravity;
3. Those convicted of crimes due to negligence, who previously served real sentences;
4. Positively characterized convicts transferred to colony settlements from general and strict regime colonies in accordance with Article 78 of the Penal Code of the Russian Federation (the so-called “over-regime”).

At the same time, as you can see, there is not much difference between the first and third points. It’s just that those who are convicted of careless crimes for the first time, the courts still try to give a suspended sentence, and send those who have already been imprisoned to penal colonies. In fact, both of them are kept in absolutely identical conditions, so we can talk about three categories of convicts. However, in this article we will leave all four points - as indicated in the current version of the Criminal Code of the Russian Federation.

Here are the main crimes for which you end up in a penal colony:

• Fatal traffic accidents;
• drunk driving;
• evasion of alimony;
• petty theft;
• petty hooliganism;
• fraud;
• causing death by negligence;
• arson.

The list can be continued, but in general, there is no need to continue. The idea is clear - people end up in colony settlements for unimportant crimes, which are more appropriately considered “misdemeanors.” In most cases, it would be possible not to be imprisoned at all for such crimes, but something did not allow the court to impose a suspended sentence.

As a rule, this is either the opinion of the victims, or public outcry, or the defendant’s violation of a previous sentence. Imprisonment is still a last resort, used when other types of punishment do not work.

What you need to know about being in prison

Early release is the right of any prisoner; in this regard, these institutions are no different from similar ones. To do this, the court must make a decision that jail time is no longer required in order to fully repent and admit guilt.

Additionally, a basis is required according to which the damage caused due to the crime has been repaid in full or in part. Citizens are allowed to be fully or partially exempt from additional penalties applied to them.

There are several circumstances due to which conditions of detention can be facilitated:

• The administration of the correctional institution issues a positive reference.
• If this is a woman - pregnancy, presence of minor children.
• Receiving additional support from those who witnessed the crime.
• Exemplary behavior, compliance with internal rules.
• Complete repentance.

Obtaining parole will be complicated if the following points exist:

1. The colony workers gave a negative assessment.
2. Aggressive behavior or other inappropriate social manifestations.
3. Conflicts with other prisoners.
4. Violations of discipline of a systematic nature.

Conditions of detention in a colony-settlement

Colony-settlement is the mildest mode of serving real imprisonment. Convicts wear civilian clothes, can use money and carry valuables, and have unlimited communication with relatives and friends (not only by phone, but also during visits, the number of which is not limited). The number of transfers is also unlimited.

Positively characterized convicts can even, with the permission of the administration, go home on weekends or vacations. In addition, you can find a job outside the colony-settlement and go to work every day - practically “like all normal people.” All this, of course, with reservations, and subject to compliance with the regime. But in general, the FSIN understands that the wards of colony settlements are not really criminals, but just one name.

Conditions of detention in penal colonies are described in Article 129 of the Penal Code of the Russian Federation. In addition, colonists are subject to certain reservations introduced into the Internal Regulations of institutions of the penitentiary system. These “reservations” are basically provided just for some easing of the regime.

Here are the features of the detention of convicts in colony settlements, which are indicated by the Penal Code of the Russian Federation:

• in colony-settlements, convicts are kept without guards, but under the supervision of the administration of the colony-settlement;
• during the hours from getting up to lights out, convicts enjoy the right to free movement within the colony-settlement;
• with the permission of the administration of the colony-settlement, they can move without supervision outside the colony-settlement, but within the boundaries of the municipal entity on the territory of which the colony-settlement is located, if this is necessary due to the nature of the work they perform or in connection with training;
• convicts may wear civilian clothes;
• convicts may have money and valuables with them;
• convicts use money without restrictions;
• convicts receive parcels, parcels and parcels without restrictions;
• convicts may have visits without limiting their number.

Convicts live in dormitories (“barracks”) - the same as in general and strict regimes, but with a little more allowances. It is a mistake to believe that the residents of the command post “feel at home,” but the administration should not be excessively strict towards them. In practice, of course, things vary.

Often living conditions in a colony-settlement depend on the characteristics of the place where the settlement is located. For example, the establishment of KP-8 of the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region is located on the territory of “Old Crosses” - a former pre-trial detention center. Moreover, the quarantine department of the colony is located directly in the cells declared unsuitable for living. Of course, an old regime facility tends to be strict and restrictive. KP-8 is one of the harshest “villages” we know.

In general, colony settlements often resemble a pioneer camp more than a prison. In practice, this is a “high security pioneer camp.” Strict, of course, for a pioneer camp, but just soft enough for a colony.

Rights, obligations, prohibitions and restrictions

Convicts have the following rights:

• In the interval between getting up and going out, you can move freely throughout the entire territory of the settlement.
• With the permission of the administration, you can move outside the colony, but within the boundaries of the municipality.
• You can have and wear personal clothing.
• Convicts are allowed to have and use money without restrictions.
• Receive parcels and packages that do not contain items prohibited in the colony.
• You can have dates without limiting their number.
• The work of convicts is regulated by labor legislation.
• Convicts have the right to receive secondary or higher education in absentia, but only in educational institutions located on the territory of the municipality where the colony is located.

Responsibilities:

Convicts are required to work, otherwise penalties will be imposed on them, for example, a ban on leaving the dormitory for up to 30 days or a punishment cell. Convicts who are not engaged in socially useful work cannot count on parole.

Restrictions:

• Leaving the colony without permission from the administration is prohibited.
• The passport and other identification documents are kept in the personal files of the convicted person. Instead, a certificate of the established form is issued.
• Transfer to another place of work is carried out with the permission of the colony administration.
• The administration may at any time conduct a search for prohibited items.

Forbidden:

• Alcohol and any alcohol-based products, including perfume and cologne.
• Narcotic substances, medicines and medical supplies.
• Weapons, including knives, as well as some tools such as axes and hammers.
• Mobile phones, laptops, players and cameras.
• Playing cards.
• Pornographic materials.
• Topographic maps and compasses.
• Vehicles.

On our website you will find other publications about the conditions of detention of prisoners in various correctional colonies, including information about institutions with special regime.

Areas of colony settlements in correctional colonies

Sometimes so-called “settlement colony sections” are created in general regime correctional colonies. Typically, “sites” are designed for a small number of convicts - as a rule, they are used to carry out economic work on the territory of the penal colony.

As a rule, convicts held in regular colony settlements are transferred to KP sites based on their own applications, as well as by agreement with the KP administration.

We are aware of the practice of transferring convicts from the CP to the “CP site at the penal colony” for the purpose of considering applications for parole by another court. The court at the location of the KP was considered “impenetrable” among the convicts, so they sought to be transferred to another institution. This phenomenon is unlikely to be widespread, but it is quite interesting from the point of view of the practice of parole.

Changing the type of correctional facility

Speaking about the part of the term, after serving which the convicted person has the opportunity to petition the court to change the type of correctional facility, one should refer to the provisions of Part 2 of Art. 78 of the Penal Code of the Russian Federation, where it is noted:

When resolving this issue, the court should keep in mind the opinion of the representative of the correctional institution and the prosecutor on the possibility of changing the type of correctional institution.

The criminal executive legislation of the Russian Federation provides for the possibility of changing the type of correctional institution (PI) in which the convicted person is serving the sentence assigned to him by a court verdict. If you carefully read this paragraph, based on the rules for constructing sentences in the Russian language, you will notice that it refers to categories of convicts (with subgroups): According to the norms of the Russian language, this is not so, and most linguistic experts insist on this.

Parole from a colony-settlement

Among the common misconceptions about parole is this: allegedly, convicts held in colony settlements have the right to be released on parole before others. This is not entirely true. In fact, the period after which a convicted person becomes eligible for parole does not depend on the type of institution in which he is serving his sentence.

In fact, the calculation of parole depends on the severity of the crime. It’s just that the police station mainly houses people convicted of crimes of minor and medium gravity. They can actually be released early after serving only 1/3 of the sentence.

At the same time, there are also those in the villages who are serving sentences for serious and especially serious crimes, as well as for drugs. Their right to parole arises later - after 1/2, and after 2/3, and even after 4/5 of the term.

There seem to be two key features of parole from the CP:

1. Thanks to a more lenient regime, it is easier for convicts to collect documents and generally demonstrate a socially acceptable lifestyle.
2. It is much easier to get to a court hearing from a colony settlement. “Colonists” are often present when considering the issue of parole, they can independently defend their position before the court, and make one or another impression on the court.

However, there are also cases when being kept in a settlement colony rather prevents a person from being released on parole. In particular, we regularly encounter the fact that judges consider the punishment of imprisonment in a penal colony to be “mild anyway.” Villagers are often denied parole on flimsy grounds - this is especially true of some institutions of the Federal Penitentiary Service of Russia.

If you need help in drawing up a petition for parole or an appeal against a denial of parole, write to us. We will help you draw up documents. Our address:

A! Here's another thing that's important . Upon arrival at the colony-settlement, you immediately need to write an application for employment - “due to the difficult financial situation of my family and the need to settle the claims of the victims, I ask you to employ me in any paid job.” It will help when applying for parole.

Conditions of serving

Conditions may differ depending on which specific colony we are talking about. For accommodation, they use rooms that can accommodate several people at the same time. Wardrobes and bedside tables for food and clothing are shared. Beds are separate for each resident. There is a table and several refrigerators, and televisions are often used.

The settlement area can provide access to the following facilities:

1. Guest rooms.
2. Assembly halls.
3. Libraries.
4. School institutions.
5. Medical units, together with inpatient departments.
6. The shops.
7. Baths.

Once a week they give permission to visit the bathhouse.

In the photo you can see what the cells or rooms for living in a colony settlement look like:

Schedule

In the colony, each administration establishes an individual routine, consisting of:

• Getting up at 5-6 in the morning, exercising and cleaning the beds.
• Checks in the morning.
• Having breakfast.
• Distribution of tasks, travel to work.
• An eight-hour working day, which in practice often extends to 10-14 hours.
• Lunch.
• Returning from work.
• Dinner.
• Educational work.
• Free time.
• Getting ready for bed.

Reference! A separate schedule is drawn up for those who take part in training activities.

Nutrition

Such free settlements require the presence of canteens on their territory. But in general, the amount of food here is minimal. Some dormitories have kitchens, and you are allowed to use utensils for cooking yourself . The sale of necessary products takes place on the territory of the institution.

Job

Depending on the location of the colony, management chooses what type of labor to support in a given case. It is customary for prisoners to find a place on their own, within the city. Usually this refers to factories and the housing and communal services sector, and other types of labor that do not require high qualifications. Operating factories are often used to make clothes.

Logging and wood processing remain the only types of work for institutions located in the Far East and North . Labor often becomes a privilege for those who seek to be released on parole. Because there are often not enough places.

Important! Violations of rights have been observed on the territory of many institutions.

Rest

Often there are cinemas with libraries and assembly halls on the territory of institutions. Permission to leave the settlement is given if the citizen has exemplary behavior. Some settlers make alcohol and play card games, although such activities are considered illegal.

Entertainment and relaxation

It has already been said above how the leisure time of prisoners is organized. Most often it consists of reading or watching TV.

Religion

Chapels and mosques are also often opened in the colonies. The clergy themselves can periodically visit such objects. The administration does not have the right to impose a ban on religious events. But sometimes this still happens to Muslims whose prayers violate the current routine.

Dating

There are no restrictions on the number of dates in this case. Special hotels are being created for those who stay on the territory of such a facility. This is one of the advantages.

Gears

Parcels along with money transfers are also organized without any restrictions, which distinguishes the colony from other similar places. Then it is easy to get enough food from your relatives to receive support.

Can I use a mobile phone?

A strict ban on the use of mobile phones is being introduced in all places of detention. But the guards themselves, in practice, can sell the devices on their hands. Only in this case do they set prices that are many times higher than market indicators. The administration conducts searches, but such events are not frequent enough.

It is also useful to read: Telecom operator Zonatelecom

Outgoing visits to relatives

Leaving the territory of the settlement zone is allowed, but only if the administration gives prior consent. Or when you need to get to your workplace. But many go home on weekends, if an agreement can be reached with the institution’s staff. Family residence is often allowed on the territory of the settlement, if there are no violations on the part of the citizen, he has proven himself only on the positive side.

Transfer to a colony-settlement under Article 78 of the Penal Code of the Russian Federation (“over-regime”)

According to Article 78 of the Criminal Executive Code of Russia, positive convicts serving sentences in general and strict regime colonies can be transferred to a settlement colony.

The decision on such a transfer is made by the court - on the proposal of the head of the colony where the convicted person is serving his sentence, or at the request of the convicted person or his lawyer.

Why do courts deny parole?

To obtain the right to re-regime, a convicted person must serve in a general regime colony - at least a quarter of the sentence (and must be kept in light conditions of detention), and in a maximum security colony - at least a third. At the same time, the term has been increased for those who previously violated the terms of parole - they will have to spend at least half of the term in prison, as well as those who are convicted of especially serious crimes - they will have to serve 2/3 of the assigned term.

As we have already mentioned, the administration of a general or strict regime colony can also apply to the court to transfer a convicted person to a penal colony. This does not happen as rarely as it might seem, but most petitions are still filed by the convicted themselves.

Applications for transfer to a colony-settlement are submitted by the convicted person through the administration of the institution where he is serving his sentence, and by a lawyer - directly to the court. The materials are considered by the courts at the location of the colony - as in the case of parole and ZNBM.

In general, in its legal meaning, “re-regime” is closest to replacing punishment with a more lenient form.

It is also important to make a reservation that a convicted person can be “transformed” in the opposite direction - from a colony-settlement to a general one. Those who were transferred from general or strict regime to a settlement colony can be returned back if the convicted person does not justify the trust of the court. The issue will be considered by the court again.

Of course, the replacement of the regime with a more strict one always occurs on the initiative of the colony-settlement. At the same time, the courts quite rarely take the side of the convicted, usually satisfying the requests of the institutions.

Those convicted of crimes due to negligence and transferred to colony settlements from general and strict regimes are kept separately - for this purpose, the FSIN system provides for different settlements. Even when convicts are in the same institution, they are kept and work separately - they should not intersect with each other, according to the Penal Code of the Russian Federation.

Kinds

The Criminal Code states that there are two types of colony settlements. This or that group differs only in the type of criminals who serve their sentences inside.

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1. With consequences of a maximum of moderate severity. Moreover, the crime was committed intentionally, but for the first time.
2. Prisoners who are transferred to this institution from others for a positive reference. If before the conditions of detention were more strict.

The conditions in such institutions practically do not depend on the contingent they contain and do not change. Therefore, the division in most cases is conditional, created in order to separate people with serious and not so serious deviations.

What to take with you to a colony settlement

By and large, there is no great need to prepare for a colony settlement in any special way. There are no restrictions on transfers in these institutions, and everything actually needed can be sent in a parcel or delivered in person, or purchased at a local kiosk. Upon arrival, you need to prepare only what will be needed in the first two weeks that the convict will spend in quarantine.

Here's what it won't be easy to do without:

• warm clothes and shoes, socks are a must,
• comfortable slippers,
• shaving and soap-snout accessories;
• shampoo and washing powder;
• cigarettes (even if the convicted person does not smoke);
• books for reading, writing materials;
• sweets and tea/coffee;
• some allowed products - in case there is a problem with feeding.

I recommend having the criminal and criminal procedure codes with you. If you don’t need them, you can leave them in the institution’s library - there is always a shortage of these books. You will do a good deed.

During the quarantine period there will be no meetings and they usually don’t want to miss programs either. In fact, this is the only period of blockade when the convicted person cannot buy something himself or receive it from outside. In addition, he has not yet established social connections in the colony itself, that is, he has no one to ask for what he needs.

GENERAL CHARACTERISTICS OF CRIMINAL PUNISHMENT IN THE FORM OF IMPRISONMENT OF LIBERTY SERVED IN A COLONY - SETTLEMENT

INTRODUCTION

The relevance of the research topic is due to the fact that crime is one of the most acute and complex social problems of modern society. The most important place in the fight against crime is given to correctional institutions, since the state of recidivism, which currently remains high, largely depends on the effectiveness of their work. In this regard, it should be noted that in the field of execution of sentences associated with isolation from society, there are many unresolved problems, but first of all this concerns punishment in the form of imprisonment.

On the one hand, the legislator, reacting to the increase in crime, increases the terms of imprisonment for many crimes. On the other hand, the negative consequences of the execution of a sentence of imprisonment are a decrease and sometimes a complete cessation of socially useful connections between the convicted person and society and deep, sometimes irreversible changes occurring in the personality of the convicted person. However, neither today nor in the foreseeable future society will be able to do without the use of this type of criminal punishment.

Therefore, the task of neutralizing the negative consequences of deprivation of liberty or replacing it with other, alternative corrective measures becomes urgent. Such measures include punishment in the form of imprisonment, carried out in colony settlements.

The general theoretical basis of the work was the works of scientists of the past and present periods of time: V.M. Anisimkova, 3.A. Astemirova, S.V. Bazhanova, I.M. Galperina, S.I. Dementieva, V.V. Egorova, I.I. Karpets, Yu.A. Kashuba, I.Ya. Kozachenko, M.A. Kirillova, V.N. Kudryavtseva, N.F. Kuznetsova, A.B. Naumova, I.S. Noya, Yu.M. Tkachevsky, I.V. Shmarova and others.

The normative basis for the work is the Constitution of the Russian Federation, international treaties of the Russian Federation and departmental regulations of various government bodies.

The object of the study is the social relations that arise in the process of organizing the execution of sentences in colony settlements of the penal system of the Russian Federation.

The subject of the study is the norms of criminal and penal legislation that regulate the activities of colony settlements.

The empirical basis of the study was statistical data from various government bodies and the results of the analysis of regulatory legal acts.

The purpose of the dissertation research is a scientific analysis of the functioning of colony settlements.

The purpose of the study determined the tasks facing us:

— consider the historical development of legislation regulating the execution of criminal punishment in the form of imprisonment served in a colony-settlement;

— give examples of the functioning of colonies - settlements in foreign countries;

— consider colonies - settlements as a type of correctional institutions;

— provide a description of persons serving sentences in a colony-settlement;

— characterize the procedure and conditions for serving a sentence in a colony-settlement;

- note the peculiarities of the use of correctional means in relation to convicts serving their sentences in a colony-settlement.

When solving course research problems, methods such as formal logical, historical, comparative legal, statistical and other scientific methods were used.

The structure of the work consists of an introduction, two chapters, evenly combining six paragraphs, a conclusion and a list of literature used in the work.

CHAPTER 1. GENERAL CHARACTERISTICS OF CRIMINAL PUNISHMENT IN THE FORM OF IMPRISONMENT OF LIBERTY SERVED IN A COLONY - SETTLEMENT

1.1
Historical development of legislation regulating the execution of criminal punishment in the form of imprisonment served in a colony-settlement
The institution of colony-settlements currently functioning within the framework of the Russian penal system is not fundamentally new. In its modern form, it was established in 1963. However, the origins of the colony-settlement as a state institution intended to carry out punishment in the form of imprisonment go far into the legal history of our country and are associated with punishment in the form of exile. In this regard, I.V. Shmarov o[1]. So, by the end of the 17th century. The Moscow state already had a special apparatus for executing exile. Later, in the era of Peter 1, exile as a punishment does not appear in systematized legal acts, nevertheless it was applied. According to I.Ya. Foinitsky, due to foreign influence, attempts were made to abolish it (in 1703, and subsequently in 1773, 1840 and 1879), however, “the exile not only does not stop, but even becomes more developed, since practical needs, caused, on the one hand, by the lack of places of detention, and on the other, by the need to settle remote outskirts, turns out to be more powerful than foreign influences,” and, in particular, in 1719 the Caucasian exile appeared [2]. Exile for schismatics also continues to exist, although at that time it almost came to a decline due to the fact that “the government, occupied with fundamental issues at the center, pays less and less attention to the outskirts”[3].

Let us also emphasize here the fact that for the first time the legislator so clearly uses the term “settlement” - it is this term that will later become the word-forming word for designating colony-settlements. In 1736, the reference to the settlement was somewhat differentiated - the state allowed the owners of the townspeople to send them into exile “to distant cities or to Kamchatka, so that others would be afraid,” that is, a reference to the settlement in the town appeared. The execution of the link changes in some way. As already noted, according to the Decree of 1753, the death penalty was replaced by eternal exile (with compulsory labor), which, according to the conditions of serving, became more and more similar to eternal hard labor. There is also a division of exile into 1) exile as a criminal punishment (hard labor, settlement) and 2) exile as an administrative measure (for living). We consider the reference to a settlement as a type of deprivation of liberty, which is similar to a modern correctional institution in the form of colony-settlements, which, in fact, has as its prototype a reference to a settlement of the 18th century.

With the adoption of the Charter on Exiles of 1822, exile was almost completely formed and became the most massive means of suppression and violence in the hands of the autocracy. It should be noted here that from the very name of the law it is clear that it regulates issues related to only one, albeit significant, type of deprivation of liberty as a criminal punishment - exile. Exile was divided into two types: exile to hard labor and exile to a settlement. Two types of settlements were envisaged: settlement of old-timers in the villages; establishment of new villages at the expense of the treasury. In places of settlement, convicts had fairly large freedom of action. The main restrictions concerned freedom of movement outside settlement areas. They were entitled to significant tax benefits. Persons exiled to a settlement with deprivation of all types of wealth were allowed to be considered peasants after ten years. Issues regarding exiled Jews and eunuchs were resolved separately. In general, the conditions for serving exile in a settlement are similar in content, partly to exile and partly to penal colonies of the Soviet period. The Charter on Exiles allocates significant chapters on marriages and “families” of exiles (Articles 179-214) and “on the property” of exiles (Articles 215-228), which regulate the legal status of family members sentenced to exile to hard labor and to settlement, as well as issues of ownership, use and disposal of property of convicts[4].

After the February bourgeois revolution, by government decree of April 26, 1917, the reference to the settlement was finally abolished. However, due to well-known socio-political events, this measure did not play any significant role in the overall process of development of exile during the period of monarchical development of our country.

After the establishment of Soviet power in 1917, exile as a form of punishment found its development (although not immediately), the logical stage of which, corresponding to the correctional labor policy of the Soviet state, was the establishment of colony settlements. This was preceded by the following major decisions. In July 1954, by order of the USSR Ministry of Internal Affairs, the Regulations on forced labor camps and colonies of the USSR Ministry of Internal Affairs, approved by the Council of Ministers of the USSR, were put into effect. In October 1954 The USSR Ministry of Internal Affairs issues special instructions regulating the regime of convicts in places of deprivation of liberty. It was also decided to abolish special camps and the Special Meeting under the USSR Ministry of Internal Affairs. These acts provided for the creation of light-type penal colonies, which were not protected, but supervision was established over the behavior of convicts[5]. Then in the Regulations on Correctional Labor Colonies and Prisons of the Ministry of Internal Affairs of 1958. more detailed legal regulation of the activities of light-duty colonies was given, the contingent of convicts who were sent to light-duty colonies was determined: those convicted for the first time for less dangerous crimes for up to 3 years of imprisonment inclusive; those serving sentences transferred from general regime colonies after they have served at least one third of their sentence, subject to a conscientious attitude to work and exemplary behavior; persons transferred from labor colonies for minors upon reaching the age of 18, if they have proven themselves positively. The legal status of convicts in light regime colonies shows that the regime in these institutions was more severe than in current settlement colonies, but less strict than in general regime colonies.

And, finally, as a logically well-founded stage in the development of the system of correctional labor institutions, in 1963 a new type of correctional institutions was established - colony-settlements. Colonial settlements were created in accordance with the Decree of the Presidium of the Supreme Soviet of the RSFSR dated June 26, 1963 “On the organization of correctional labor colonies and settlements and on the procedure for transferring to them those sentenced to imprisonment who have firmly taken the path of correction”[6]. This document prescribed, “in order to further improve the work of correction and re-education of those sentenced to imprisonment and to consolidate the results of re-education,” to organize colonies-settlements in the system of correctional labor institutions for the detention of those sentenced to imprisonment, who have served part of their sentence and have firmly taken the path corrections.

The most general conditions for serving a sentence in a colony-settlement were regulated in Art. 66 ITC RSFSR 1970:

“In correctional labor colonies-settlements, persons who have firmly embarked on the path of correction, transferred to these colonies in the manner established by Article 51 of this Code, from general, enhanced and strict regime colonies, serve their sentences.

In correctional labor colonies-settlements, convicts:

- held without security, but under supervision;

- during the hours from getting up to lights out, they have the right to free movement within the entire territory of the colony;

- with the permission of the administration of the colony, they can move without supervision outside the territory of the colony, but within the autonomous republic, territory, region, if this is necessary due to the nature of the work they perform or in connection with training;

- can wear civilian clothes, carry money and valuables, and use money without restrictions;

- can send letters and receive parcels, parcels, parcels and have visits without restrictions;

- with the permission of the colony administration, if housing conditions are available, they can live in the colony with their families, purchase a residential house in accordance with current legislation and establish a personal household on the territory of the colony.

Convicted men and women can be held in one colony-settlement, regardless of the type of colony they were previously held in.”

So, it can be stated that in the Soviet state in 1963, a new type of correctional institution was created - a colony-settlement, which logically followed from the development of penitentiary institutions and certain types of punishment, in particular, exile.

Then the RSFSR Law “On Amendments to the Correctional Labor Code of the RSFSR” is adopted.

Thus, there is reason to state that the appearance of the colony-settlement originated from exile, which was purposefully used already in the Moscow state. The settlement colony as an independent type of correctional labor institution was established in 1963. According to the conditions of detention of convicts, settlement colonies were open-type places of deprivation of liberty. They reflected elements of punishments such as exile and imprisonment in closed institutions. The creation of settlement colonies logically followed from the content of the correctional labor policy that the Soviet state adhered to. Initially, settlement colonies were intended only for convicts who were transferred there as a disciplinary measure of encouragement from general, reinforced and strict regime colonies. Subsequently, settlement colonies began to be designated as a type of correctional labor institution for persons who committed crimes through negligence[7] (since 1977), and later for persons who committed intentional crimes that were not serious, for which they were sentenced to imprisonment for for a period of no more than five years (since 1985). Colonial settlements made it possible to differentiate the conditions for the execution of punishment in the form of imprisonment and thereby increase its effectiveness.

1.2
Foreign experience in the functioning of colony settlements
Such a phenomenon as colony settlements can be found not only in the Russian Federation, but also in other countries of the former USSR. In our opinion, it would be more appropriate to consider foreign experience in the functioning of colonies - settlements using the example of the Republic of Kazakhstan.

Article 69 of the Criminal Executive Code of the Republic of Kazakhstan “Types of correctional institutions” quite clearly sets out the structure of the institution of correctional institutions:

1. Correctional colonies;

2. Educational colonies;

3. Prisons.

4. Pre-trial detention centers – in relation to convicts left to perform housekeeping work[8].

In accordance with this provision, settlement colonies are classified as correctional colonies. At the same time, Part 3 of the article under consideration clearly defines the categories of convicts serving sentences in a colony-settlement: those sentenced to imprisonment for crimes committed through negligence, as well as convicts transferred from general and strict regime correctional colonies on the basis and in the manner established paragraph 2 of article 73 of the Criminal Code of the Republic of Kazakhstan.

However, criminal legislation to some extent isolates settlement colonies from other correctional colonies, which, in our opinion, only emphasizes the separate special status of this correctional institution. So, in Part 1 of Art. 48 of the Criminal Code of the Republic of Kazakhstan “Deprivation of Liberty”, the essence of this type of criminal punishment is reflected as the isolation of the convicted person from society “by sending him to a colony-settlement or placing him in a correctional colony of general, strict, special regime or in prison”[9].

Currently, there are 16 colony settlements operating in Kazakhstan. It should be noted here that the number of colony settlements has decreased significantly today. For example, in 2006 their number was 21 institutions[10].

When dwelling on the procedure for transferring convicts to serve their sentences in a colony-settlement from correctional colonies of general and strict regimes to a colony-settlement, it is necessary to pay attention to certain existing rules prescribed in Art. 73 PEC of the Republic of Kazakhstan:

Firstly, the legislator has established such a mandatory requirement as the presence of a positive characteristic of the convicted person.

Secondly, a mandatory condition is that the convicted person must serve:

- those in light conditions of detention, at least one quarter of the sentence for crimes of minor and medium gravity;

- at least one third of the sentence - for serious crimes;

- at least one half of the sentence - for committing especially serious crimes;

- previously released on parole from serving imprisonment and who committed new crimes during the remaining unserved part of the sentence - at least two-thirds of the sentence.

In addition, the article in question establishes a list of convicts who are not subject to transfer to a colony-settlement, namely:

- convicts with particularly dangerous recidivism;

- those sentenced to life imprisonment, as well as convicts whose life imprisonment was replaced by pardon with imprisonment for a certain period;

- convicts for whom the death penalty has been commuted to imprisonment by way of pardon;

- convicts who have not undergone compulsory treatment, as well as those requiring special treatment in closed medical institutions;

- convicts who have not given written consent to be transferred to a colony-settlement.

As we can see, the legislation of the Republic of Kazakhstan regulating serving a sentence in a colony-settlement differs from the legislation of the Russian Federation, in particular, the law of Kazakhstan contains a list of persons who are not subject to transfer to a colony-settlement.

1.3 Colonies - settlements as a type of correctional institutions

In accordance with the Law[11] of February 21, 2001, the following persons serve their sentences of imprisonment separately in penal colonies: persons who have committed crimes through negligence; persons convicted for the first time of committing intentional crimes of minor or moderate gravity; positively characterized convicts transferred from general and strict regime colonies in the manner prescribed by Art. 78 Penal Code of the Russian Federation.

Currently, there are three types of colony-settlements with a single legal status: one type is intended for the detention of persons convicted of crimes committed through negligence; another - for convicts transferred from general and strict regime correctional colonies and who have proven themselves positively, the third - for convicts who have committed intentional crimes of minor or moderate gravity. Article 128 of the Penal Code determines that in both types of settlement colonies, convicts serve imprisonment under the same conditions. Convicted men and women can be held in one colony-settlement.

Convicts who committed crimes in complicity serve their sentences, as a rule, separately. Article 128 of the Code determines the conditions for serving imprisonment in colony settlements. For a long time, there have been discussions in science about classifying settlement colonies as part of the correctional system, since they supposedly do not carry out deprivation of liberty in the literal sense of the word, and that this legal institution is closer to restriction rather than deprivation of liberty[12]. Now these discussions in terms of legal security have come to an end; the law not only classifies colony settlements as correctional colonies, but also indicates that they carry out punishment in the form of imprisonment.

CHAPTER 2. CRIMINAL - EXECUTIVE CHARACTERISTICS OF CRIMINAL PUNISHMENT IN THE FORM OF IMPRISONMENT SERVED IN A COLONY - SETTLEMENT

2.1 Composition and characteristics of persons serving sentences in a colony-settlement

The following categories of convicts serve their sentences in settlement colonies: – persons convicted of crimes committed through negligence and who have not previously served imprisonment; – persons convicted for the first time of committing intentional crimes of minor or moderate gravity; – persons convicted of crimes committed through negligence and who have previously served imprisonment; – positively characterized convicts transferred from general and strict regime colonies in the manner prescribed by Art. 78 Penal Code of the Russian Federation. All these categories do not need protection and strict isolation. The goals of punishment against them can be achieved under supervision. The conditions for serving a sentence in all types of penal colonies are the same. Those serving their sentences have significantly fewer legal restrictions than in other types of correctional colonies. There is no armed guard for the convicts, but supervision is established over them. The basis for sending convicts to a settlement colony for positively characterized convicts transferred from general and strict regime correctional colonies is not a sentence, but a court ruling, since the existence of settlement colonies of this type is determined by the norms of penal law, not criminal law[ 13].

There is the following law enforcement practice on this issue:

Thus, the Brasovsky District Court of the Bryansk Region found that on May 26, 2011, convicted Apsatarov A.G. appealed to the court with a request to be transferred to a colony-settlement.

Convict Apsatarov A.G. appeared in court, the request for transfer to a settlement colony was fully supported by lawyer E.A. Mashkov. also supported the petition of the convicted person to be transferred to a settlement colony, the representative of PKU IK-4 Gubanov A.V. did not support the convict’s request to be transferred to a settlement colony, pointing out that the convict Apsatarov A.G. is characterized negatively, has not embarked on the path of correction and cannot change the type of correctional institution from a maximum security penal colony to a settlement colony.

After listening to the participants in the trial, the court comes to the following conclusion.

As seen from the case materials and established at the court hearing, the convicted Apsatarov A.G. served the established 2/3 of the sentence in accordance with. clause "c" part 3 of article 79 of the Criminal Code of the Russian Federation. While in the pre-trial detention center, he did not violate the detention regime and had no disciplinary sanctions. Upon arrival at PKU IK-4, he was employed on November 8, 2005 as an assembler of plastic products. On April 1, 2006, he was transferred as a cleaner of industrial and office premises. Since 01.1006 - voluntarily dismissed. 08.10.07 – accepted as a trainee for the position of assembler of plastic products. From 01/01/09 - employed as a cleaner of office premises of detachment No. 9. He received 9 disciplinary sanctions for violations of the detention regime. While serving his sentence, he received 3 incentives from the administration of the institution. Resolution dated August 12, 2008 recognized as a malicious violator of the established procedure for serving a sentence. Resolution dated August 28, 2008 transferred from ordinary to strict conditions of serving his sentence. Resolution dated December 24, 2009 transferred from strict to normal conditions of detention. Attends educational events and responds to them satisfactorily. He has been participating in the work of amateur organizations of convicts since November 23, 2009. Currently he is excluded from amateur organizations of convicts for violating the regime of detention. In a group of convicts he is friendly and maintains friendly relations with the neutral part of the convicts. Outwardly neat, we follow the rules of sanitation and personal hygiene. The sleeping place is made according to the established pattern. Unable to resist temptations. Not frank in individual conversations. He graduated from FBOU NPO PU No. 41 at FKU IK-4 with a degree in turner of the 2nd category. Personality: secretive, cunning. Maintains contact with relatives through correspondence, enjoys visits, relations with relatives are satisfactory. According to the court verdict, he fully admitted his guilt in the crime committed. Has no material claim. He has no specific positive plans for the future. The administration of PKU IK-4 characterizes the convicted Apsatarov A.G. negatively, and believes that the type of correctional institution cannot be changed from a maximum security penal colony to a settlement colony. »

At the court hearing it was established that Apsatarov A.G. convicted on July 27, 2005 by the Gordeevsky District Court of the Bryansk Region under Art. 162 part 3, 69 part 5 of the Criminal Code of the Russian Federation to 8 years of imprisonment with serving the sentence in a high-security correctional colony and taking into account the behavior of the convicted person for the entire period of serving the sentence in places of deprivation of liberty - committed 10 violations of the regime of detention in a correctional institution, of which 2 not repaid, characterized negatively by the administration, convicted of committing a particularly serious crime, the court considers it impossible to satisfy the petition of the convicted person and transfer him from a high-security correctional colony to a settlement colony. Based on the above and guided by Art. 397 and 399 of the Code of Criminal Procedure of the Russian Federation, the court decided to refuse the petition of the convicted person[14].

As we see, in a colony-settlement people are serving their sentences who do not need legal restrictions for correction, and in a sense, colonies-settlements are a “tool for saving repression.”

2.2 The procedure and conditions for serving a sentence in a colony-settlement

In all penal colonies, convicts serve their imprisonment under the same conditions. However, for those convicted of crimes committed through negligence, as well as for those convicted for the first time of committing intentional crimes of minor or medium gravity, the colony-settlement is a means of preventing new crimes, and for those transferred from general and strict regime colonies - a means of adaptation to the conditions of free life, which the convicted person must begin after being released from prison. In the colony-settlement, male and female persons who have reached the age of majority serve their sentences. Only convicts who have committed crimes in complicity, as a rule, are not sent to the same colony-settlement to serve their sentences (Part 3 of Article 128 of the Penal Code of the Russian Federation). Convicts in colony settlements:

a) are kept without security, but under the supervision of the administration of the colony-settlement;

b) enjoy the right of free movement within the territory of the colony from waking up to bedtime;

c) with the permission of the administration of the colony-settlement, they can move without supervision outside the territory of the colony-settlement, but within the relevant administrative-territorial entity, if this is necessary to perform the work assigned to them or in connection with training;

d) may wear civilian clothes;

e) can carry money and valuables with them, use money without restrictions;

f) receive parcels, packages and parcels;

g) may have visits without restrictions[15].

Those serving sentences in colony-settlements live, as a rule, in dormitories specially designed for them, and persons who do not violate the established order and have families, by order of the head of the colony-settlement, can live with their families in rented or their own space on the territory of the colony-settlement or outside it, but four times a month to come to the colony settlement for registration. The residential premises in which convicts live, including those with families, can be visited at any time by representatives of the administration in order to monitor their compliance with the regime.

2.3 Features of the use of means of correction in relation to convicts serving their sentences in a colony-settlement

The work of convicts is regulated by labor legislation, with the exception of the rules of hiring, dismissal from work and transfer to another job. Convicts are allowed to study in absentia in higher and secondary specialized educational institutions located within the relevant administrative-territorial entity. While serving their sentence in a penal colony, convicts are issued an identity document of the established form. The passport and other personal documents of convicts are kept in their personal files and are given to them upon release from the penal colony settlement with the corresponding document on the basis of the release from punishment. The conditions for serving imprisonment in correctional colonies of general, strict and special regimes are divided into ordinary, light and strict. The differentiation of convicts serving imprisonment in these correctional colonies, depending on the severity of the conditions in the correctional institution, is very important. It allows the colony administration to promptly and substantively respond to the behavior of persons serving imprisonment by transferring them from one conditions of serving their sentence to another. The prospect of being transferred to easier conditions of serving a sentence is a stimulating factor for the correction of convicts. Finally, differentiation of the conditions for serving imprisonment within each type of correctional colony helps prepare persons completing their sentences for adaptation to society after release from prison. Thus, the principles of differentiation and individualization of the execution of sentences, the rational use of coercive measures, and means of correction are implemented convicts and stimulating their law-abiding behavior[16].

Thus, the use of correctional means in relation to convicts serving their sentences in a colony-settlement has some peculiarities. Firstly, security requirements are much softer than in correctional colonies of general, strict or special regime. Secondly, the convicted person has the opportunity to find a job with greater freedom of choice. In addition, convicts have the right to receive higher education directly while serving their sentence, but only if the higher educational institution is located in the same municipality as the colony - the settlement in which the convict is serving his sentence.

CONCLUSION

Colonial settlements are one of the links in the progressive system that has taken hold in the Russian Federation.

At one time, competition to the institution of colony-settlements in criminal-executive (corrective labor) law was the institution of suspended sentences and conditional release with the mandatory involvement of the convicted person in labor, and at present - criminal punishment in the form of restriction of freedom.

There is a process of separation of criminal law norms regulating the issues of serving sentences in penal colonies from the execution of sentences in closed correctional colonies and the displacement of other institutions that competed with it.

The means of correction of convicts used in colony settlements have their own specific features, characteristic only of colony settlements. Basically, they all have a more lenient and humane attitude towards the convicted person; they provide him with more freedom, compared to other institutions that carry out imprisonment. Whether it is socially useful work or obtaining a general education, they all provide the convict with independence, compared to other correctional institutions.

BIBLIOGRAPHY

Regulations

1. Constitution of the Russian Federation of December 12, 1993

2. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ

3. Federal Law of March 9, 2001 N 25-FZ “On Amendments and Additions to the Criminal Code of the Russian Federation, the Criminal Procedure Code of the RSFSR, the Criminal Executive Code

4. Decree of the Presidium of the Supreme Soviet of the RSFSR of June 26, 1963 “On the organization of correctional labor colonies and settlements and on the procedure for transferring to them those sentenced to imprisonment who have firmly taken the path of correction”

5. On approval of the additional report on the measures taken by the Republic of Kazakhstan to implement the provisions of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. Decree of the Government of the Republic of Kazakhstan dated May 16, 2006 No. 400

6. On introducing amendments and additions to the criminal legislation of the USSR. Decree of the Presidium of the Supreme Soviet of the USSR of February 8, 1977

7. Criminal Executive Code of the Republic of Kazakhstan. Code of the Republic of Kazakhstan dated December 13, 1997 No. 208

8. Criminal Code of the Republic of Kazakhstan. Code of the Republic of Kazakhstan dated July 16, 1997 No. 167

Educational literature:

9. Ablizin N.F., Podymov P.E. Corrective labor colony-settlement. Benefit. – M.: Publishing house of the All-Russian Scientific Research Institute of Moscow and the USSR, 1967. – 84 p.

10. Byshevsky Yu.V., Martsev A.I. Punishment and its purpose: Textbook. – Omsk: OVShM Ministry of Internal Affairs of the USSR, 1975. – 300 p.

11. Vitruk N.V. Legal status of the individual in the USSR. – M.: Legal literature, 1985. – 160 p.

12. Gorobtsov, V.I. Legal characteristics of colony settlements: Monograph: Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2004. – 132 p.

13. Zhalinsky A.E. Concepts and purposes of punishment / ed. A.N. Ignatova. – M.: Publishing house. INFRA-M-NORMA Group, 2006. – 140 p.

14. Zubkov A.I. Criminal executive law of Russia: Textbook. – M.: – NORM, 2008. – 259 p.

15. Klyuev L.V. Legal basis for the functioning of correctional labor colonies-settlements Lecture. M., 1986. – 34 p.

16. Kovalenko V.V. Classification of persons sentenced to imprisonment and problems of differentiation of execution of punishment in correctional labor colonies. Author's abstract. dis. ...cand. legal Sci. – Kyiv, 1991. – 19 p.

17. Minakov Yu.A., Solovyov Yu.D., Orlovsky A.S. Correctional labor colony-settlement for persons who have committed intentional crimes: the personality of convicts and problems of execution of punishment // Collection of articles. tr. All-Russian Research Institute of the Ministry of Internal Affairs of the USSR. M., 1960. – P. 3-15.

18. Criminal-executive law: textbook: in 2 volumes / ed. Yu.I. Kalinina. – M.: Logos, 2006. – T.1: General part. – 444 p.

19. Russian Federation and other legislative acts of the Russian Federation"

20. Khasenov N.Zh. Prevention of negative consequences of serving a sentence in a correctional colony // Implementation of criminal liability: history, modernity and prospects: materials of the International scientific-practical conference. – Kostanay, 2005. – P. 200-205.

Materials from law enforcement practice

21. Resolution of the Brasovsky District Court of the Bryansk Region No. 4/1-183/11 dated 06/08/2011

The topic is vast

Transfer of convicts from one correctional institution to another

Convicts serving a sentence of imprisonment, as a rule, must spend the entire term in one correctional colony, prison or educational colony. This provision, enshrined in Art. 81 of the Penal Code of the Russian Federation, is important for the effective use of the main means of correctional influence on convicts, because it allows the administration of correctional institutions to deeply study the personality of each convict, which makes it possible to search for and find an effective individual approach in the process of re-education of criminals.

Depending on behavior and attitude towards work and on the basis of the provisions enshrined in Art.

78 of the Penal Code of the Russian Federation, the type of correctional institution may be changed for convicted persons. Thus, positively characterized convicts may be transferred to further serve their sentence:

Convicts who are persistent violators of the established procedure for serving their sentences may be transferred.

• those convicted of particularly dangerous recidivism;
• those sentenced to life imprisonment if this type of punishment is replaced by pardon with imprisonment for a certain period;
• convicts for whom the death penalty by way of pardon has been replaced by imprisonment for a certain period (25 years);
• convicts who have not undergone compulsory treatment, as well as those requiring special treatment in closed medical institutions;
• convicts who have not given written consent to be transferred to a settlement colony.

• from a settlement colony to a correctional colony, the type of which was previously determined by the court;
• from the colony-settlement to which they were sent by sentence to a general regime correctional colony;
• from correctional colonies of general and strict regime to prison for a term of no more than three years, with the remainder of the sentence being served in a correctional colony of the type of regime from which they were sent to prison. Transfer of convicts from one colony settlement to another? Convicted women are not subject to transfer to prison.

The measures of influence required to correct the behavior of various criminals are differentiated based on the severity of the consequences of the embodied offense and the presence of intent in the actions that led to negative results. In a situation where the living environment of a subject convicted by a sentence of a judicial authority is not favorable enough and can provoke a violation of the law during the period of a conditional form of perception of punishment, a method of influence is needed that can protect from a negative environment, but is not accompanied by significant restrictions. Read below about the conditions of detention of convicts in the colony settlement according to their reviews and according to the norms of the Criminal Code. Article 78 of the Penal Code of the Russian Federation. Changing the type of correctional institution is located in the Special Part of the Fourth Section of the Eleventh Chapter of the Criminal Executive Code of the Russian Federation.

The article below consists of five parts of text. Let us briefly consider what is said in Art. 78 of the Penal Code of the Russian Federation with our comments to it. Depending on the type of correctional institution where convicts are serving their sentence, those who are positively characterized can be transferred to further serve their sentence in a correctional institution with more lenient conditions of detention after serving at least one quarter, one third, half or at least two thirds of the term assigned by the sentence court The specified terms of serving the sentence, determined for changing the type of correctional institution, are calculated from the day the convicted person is taken into custody.

First of all, let me express my sympathy for the current situation. - from high-security correctional colonies to a settlement colony - after the convicts have served at least one third of their sentence; for those convicted who were previously released on parole from serving imprisonment and who committed new crimes during the remaining unserved part of the sentence - after serving at least half of the sentence, and for those convicted of committing especially serious crimes - after serving at least two-thirds of the sentence. Having examined in open court the materials on the presentation of PKU IK-15 OIK-4 OUCD GUFSIN of Russia for transfer from a settlement colony to a high-security correctional colony Full name O. DD. MM. YYYY year of birth, Taking into account that Tokmakov *.*. has a mediocre attitude towards work, does not show initiative, does not react correctly to conversations held while serving his sentence, does not draw conclusions for himself, is a malicious violator of the established procedure for serving the sentence, the court considers it necessary to change the type of correctional institution for the convict and transfer the convict from a colony-settlement for further serving the sentence in a maximum security penal colony. convicts who have not undergone mandatory treatment, as well as those requiring special treatment in closed medical institutions.

This ban is primarily due to the fact that convicts serving their sentences in a penal colony are required to work and provide their living at production facilities through their own labor, but sick convicts are unable to do this; 5) After completing the adaptation period, convicts are distributed into groups. Transferring a convict from a general regime colony to a settlement colony? For this purpose, a distribution commission is created in each PS, headed by the head of the PS, who formalizes the commission’s decisions by order. 5. In addition, the article in question establishes a list of convicts who are not subject to transfer to a colony-settlement, namely: Incentives and penalties may be applied to convicts.

Incentive measures include: gratitude, rewarding with a valuable gift or cash bonus, early removal of a previously imposed penalty, permission to spend weekends and holidays outside the colony-settlement, and the provision of replacing the unserved part of the sentence with a more lenient type of punishment.

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