Who is assigned correctional labor as a type of criminal punishment?

Correctional work, being one of the measures for the re-education of a citizen, has been practiced in Russia for over 15 years.
If you look at the scale of leniency of punishments, but this type is in third place (fine is in 1st place). Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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What happens in case of malicious evasion?

Wherever the convicted person lives, he is obliged to fulfill the mandatory conditions of the IR. Otherwise, the court may reconsider the sentence and then the person will lose such a comfortable sentence. The main violations that are not allowed are:

• avoiding work for 5 consecutive days;
• refusal to attend the inspection;
• systematic absenteeism;
• carrying out work activities (visiting an inspection) under the influence of alcohol or drugs.

If a person has committed one of the above offenses, he will be given an appropriate warning. But when a subject who already has a written warning violates the conditions of serving the sentence again, this is regarded as malicious evasion.

This means that the court will replace the IR with another punishment provided for in a specific article. That is, impose forced labor or a prison sentence. If the convicted person fulfills all the conditions, the inspectorate may apply for a mitigation of the conditions. Even when a person has a maximum sentence, it can be reduced.

IR can take place at the place of main work, if the offender has one. It's quite difficult psychologically, but much better than prison

Therefore, it is important to comply with all inspection requirements and wait until the deadline. The maximum is prescribed quite rarely, but even then the period will be only two years

Responsibility for evasion

About one tenth of people serving sentences evade responsibility and go into hiding.

The following is considered a violation:

• absence from work;
• failure to appear at the place of employment;
• showing up to work drunk;
• absenteeism.

In case of violations, the following measures are applied:

1. A written warning, according to which he may be subject to a more severe punishment.
2. Strengthening control with an increase in the number of visits by the inspectorate inspector. This measure is used for additional control over a convicted citizen.

In case of repeated violations, the inspector sends documents to the court to petition for a more severe punishment.

Correctional labor is prescribed as a humane punishment for crimes that do not pose a high social danger. However, the work must be done in good faith and with the understanding that violations may result in more stringent legal action.

A new type of alternative criminal punishment - forced labor in correctional centers:

https://youtube.com/watch?v=RyUoM3T0yNQ%3Fecver%3D1

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Responsibility of a citizen when evading work

According to practice, in approximately two cases out of ten, a citizen deliberately avoids performing work.

Violations and deviations in this case are:

• ignoring the issued referral for employment in the organization;
• failure to appear at the inspection;
• absenteeism at work affecting performance;
• the appearance of a citizen at the workplace in a state of intoxication.

In such cases, the following measures may be applied to him:

• a warning issued in writing, which states that correctional labor can be changed to another type of serving the sentence;
• requiring the employee to report to the inspection every 15 days.

When giving a written warning, the inspector is required to fill out the form provided for in the instructions, in which the type of violation must be described and a reminder that correctional labor as a type of criminal punishment can be replaced by other types of punishment.
Even taking into account the simplicity of the written form, this warning has a strong influence on the defendant - they make it clear to him that he may lose his freedom. As for the obligation to come to the inspector every 15 days, this measure is not as effective as a written warning. However, at the same time, monitoring the appearance and behavior of citizens becomes more effective.

If a citizen who is officially registered with the inspection and serving a sentence in the form of correctional labor violates the conditions or procedure for serving the sentence 2 or more times, harsh measures are applied to him. For example, an effective measure of liability for such cases is a written referral to the court with a request to replace this type of punishment with imprisonment in prison or a colony, depending on the severity of the crime.

It is also legally possible to change correctional labor to forced labor, however, this type of punishment is not yet practiced on the territory of the Russian Federation. Therefore, all that remains is imprisonment.

Serving order

Immediately after the verdict enters into legal force, a copy of it is sent to the penal institution at the district level. Employees of this institution participate in the execution of all types of imposed punishment, with the exception of imprisonment.

The convicted person is registered and a personal file is opened on him. The order of execution is as follows:

1. No later than 30 days from the date of announcement of the verdict, an inspector will visit the convict’s place of residence and hand him a summons. It will indicate the date and time for appearing at the criminal correctional inspection for registration.
2. On the day of appearance, a conversation is held with the convicted person and his rights are explained, finding out what activities he can perform.
3. Next, the convict receives a referral to the selected organization where he will work. The appearance is carried out within 5 days.
4. On a certain day, the inspector checks the citizen’s attendance by calling the appropriate organization.
5. The inspector keeps records of the hours worked by the convicted person, as well as the amount of payment. At the end of correctional work, he makes a note about the end of his labor activity.

What is the difference between correctional labor and compulsory labor? Find out the answer right now.

Correctional work. To whom, for what, how:

https://youtube.com/watch?v=akylHIx35Gs%3Fecver%3D1

The procedure and features of serving the sentence

After the sentence enters into legislative force, a copy of it must be sent to the district inspectorate, whose employees are directly involved in the execution of such types of punishment. The citizen is then registered and a personal file is created for him.

The procedure for the formation and execution of punitive measures as labor involves the following steps and tasks:

1. An inspector's visit to a citizen. This is important for delivering a notice with the date and time of appearance at the inspection.
2. Dialogue with a convicted citizen on the day of his appearance.
3. Giving the convicted person a written referral to the company in which he will serve his sentence.
4. A call from the inspector to the company to confirm the appearance of the defendant and record the start of work under a contract or officially.
5. Receipt by the inspector of a report card and other information indicating working hours and wages.

If during work a citizen’s situation worsened (the appearance of children, alimony, deteriorating health and other reasons for non-payment), he has the right to apply directly to the judicial authorities with a request to reduce the interest paid to the state.
The inspector and the one who offers the work have the right to do this, but in practice there have been no such cases. After the term ends, the convicted person will be deregistered, however, within a calendar year from this date he will be a convicted person. This is also noted by sources of Russian penal legislation.

Application of compulsory work in practice

Local authorities have the right to determine the organization and form of work execution. As a rule, such work does not require high professional skills. In most cases, city authorities provide labor activities aimed at improving public places.

As practice shows, the main types of work are:

1. Planting green spaces on the streets.
2. Digging up trees in parks, alleys, squares.
3. Loading and unloading materials.
4. Painting borders.
5. Garbage collection at public transport stops, sidewalks, and along the sides of roadways.

The form of ownership of the enterprise or organization where the convicted person carries out the court decision does not play any role. Assignments are given taking into account age, physical development and the presence of contraindications for general health.

Examples of the use of compulsory labor are the facts of court decisions under Article 49 to supporters of A. Navalny. Courts in several Russian cities applied this rule to proxies of opposition representatives. The reason was campaigning in support of his candidacy for the post of head of state.

Protests took place in several regions of Russia. Seven supporters were punished with labor ranging from 20 to 120 hours. The court sentenced one protest participant to 20 hours of compulsory labor for ignoring the payment of a fine.

How, when and where are performed

What does serving a sentence involve? How is it processed?

After the verdict enters into legal force, the court sends an order to the criminal-executive inspection.

After this, the inspection is given 15 days to attract the convicted person to work.

The inspectorate coordinates with local government bodies the types of work to which a convicted person may be assigned. Then the documents are sent to the selected organization.

When choosing an organization and type of work, the person’s place of registration, place of work, his work schedule, state of health, and professional skills are taken into account.

The administration of the institution where the convict was sent issues a decree on his employment, keeps a time sheet for the time worked, and familiarizes him with the internal regulations and safety rules. Then the person is given appropriate instruction.

The convicted person must:

1. Comply with the organization's labor regulations.
2. Conscientiously perform the duties assigned to him.
3. Complete the work in full.
4. Warn the administration about a change of residence.

If a convicted person receives disability groups 1 and 2 while performing work, the inspectorate sends a proposal to the court to release him from punishment.

If pregnancy occurs, a petition is sent to the court with a request to defer the sentence.

What are mandatory works and where are they performed? About this in the video:

https://youtube.com/watch?v=7bGcgkhjW-I%3Fecver%3D1

Kinds

There are several types of correctional work. They can be assigned for an administrative offense or serve as a substitute for imprisonment.

The decision made by the court on this issue is made on a case-by-case basis, depending on the circumstances and the extent of the violation.

Administrative punishment

Mandatory work for administrative violations is assigned in court.

This type of work involves a citizen who has committed an offense performing free work that benefits society.

The duration of assignment of works cannot exceed more than two months.

While serving work, up to 20% of the salary is deducted from the violator’s basic earnings in favor of the state. Thus, the actual amount of the deduction depends on the citizen’s earnings.

Deductions are not made from benefits received, pensions, as well as payments of a one-time nature.

This type of punishment is used for minor offenses. These include:

• petty hooliganism;
• malicious disobedience to a lawful order;
• systematic drinking of alcohol in public places.

Substitution of imprisonment

Replacing the unserved part of the sentence imposed on a convicted person with correctional labor is used when serving a term in a disciplinary military unit or when undergoing forced labor.

Article 80 of the Criminal Code of the Russian Federation allows for the replacement of the unserved part of the sentence for persons deprived of liberty, but who have shown ideal disciplinary behavior while in prison.

The decision to replace the unserved part of the sentence with correctional labor can only be made in court.

In recent years, there has been an increase in the number of prisoners who received a more lenient sentence in exchange for imprisonment. The court has increasingly received petitions from convicted persons wishing to receive a commutation of their sentences.

A petition to replace the unserved part of the sentence with correctional labor is a sample.

Bibliography

Normative legal acts:

1. “The Constitution of the Russian Federation (adopted by referendum on December 12, 1994) (taking into account the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2007 N 6-FKK, dated December 30, 2008 N 7-FKK, dated February 5, 2015 N 2 -FKK, dated July 21, 2014 N 11-FKK).
2. Criminal Code of the Russian Federation" dated June 13, 1996 N 63-FZ (as amended on July 29, 2018) (with amendments and additions, came into force on August 26, 2018).
3. “Criminal Code of the Russian Federation” dated 01/08/1998 N 1-FZ (as amended on 10/16/2019)

Special literature:

1. Belyakova N.I. Some problems of criminal punishment in the form of forced and prison labor // Legislation. - 2013. - No. 9. — P.42-46.
2. Commentary on the Criminal Code of the Russian Federation / ed. Mironov. - M.: Yurit, 2014. - 531 p.
3. Markov V.P. The emergence of labor in places of deprivation of liberty as a form of criminal punishment // State and legal history. - 2016. - No. 5. — P.22-27.
4. Orlov, V.N. Modern criminal law. General and special part: Student / ed. Naumov. - M.: Ilexa, 2021. - 631 p.
5. Seliverstov V.I. Criminal law - executive law: Textbook for universities / V.I. Seliverstov. - M.: Publishing house "Jurisprudence", 2015. — 352 p.
6. Puminova A.A. Reading: Meaning, problems of application // Young researchers. - 2021. - No. 15. — P.300-302.

Procedure for carrying out punishment

Coordinates the execution of punishment - the Criminal Enforcement Inspectorate. The competence of the employees of this service includes monitoring how accurately the regime of serving the sentence is observed. The administration of the enterprise and the official employer also monitor the thoroughness of the execution of the assigned work. In addition to the executive inspector, the administration can also carry out educational measures in relation to the convicted person.

In order to prevent the commission of new crimes, the person brought to justice is prohibited from being outside his home - from 11 pm to 7 am. It is prohibited to leave the city on weekends and holidays. A minor offender is obliged to register with the Penal Inspectorate twice a month.

In case of violation of serving the sentence, tougher measures will be taken against the convicted person. The offender will be sentenced to imprisonment, arrest and sent to a correctional facility if:

• after the warning letter was issued, he failed to appear again at the police inspectorate without a good reason;
• does not show up for work or has absenteeism;
• appears at work under the influence of alcohol or drugs.

The judge can change the assigned restriction, not only for the worse, but also for the better for the convicted person. According to Art. 93 of the Criminal Code of the Russian Federation, the convicted person and his defense attorney may submit a corresponding petition to the criminal executive inspection. If the petition is approved, as it is justified by good behavior and conscientious fulfillment of assigned duties, the person may be released from further execution of the sentence or the term of its serving may be reduced.

Punishments in this form are used to correct a person who has committed an offense for a long time. The fact is that a person’s psyche is greatly influenced by the judgmental and unfriendly views of people from his environment - colleagues, acquaintances, neighbors and subordinates. A huge number of citizens value the opinions of their environment and other people. That is why, once finding himself in such an awkward situation as performing correctional work, a person forever loses the desire to break the law again. When fulfilling this form of responsibility, a person is not completely isolated from society, he leads a normal life with certain restrictions that give him the opportunity to think about his behavior.

If correctional labor is assigned to people as a mitigation of punishment. They provide an opportunity for the criminal to atone for his guilt before society, to do something useful for fellow citizens, instead of a previously committed violation, which entailed adverse consequences. In any case, this type of punishment is considered one of the most loyal and effective for criminals who have committed an offense for the first time.

Organization and procedure for executing punishments for criminal labor

Organization and functioning of the execution system

Penalties in the form of penal work The Inspectorate of Correctional Facilities is responsible for the execution of a court decision requiring the serving of a sentence in prison. The execution of a sentence, decision or order is entrusted to the court. Within three days from the day the sentence comes into force or the case is returned in cassation, the court sends a writ of execution and two copies of the sentence to the inspection of correctional institutions at the place of residence of the convicted person.

If the decision was changed by the cassation court, then two copies of the decision are served simultaneously. If an appeal against the decision was not filed or it was upheld, then a certificate confirming the entry into force of the decision is attached to it.

Execution of a sentence in the form of correctional labor by the inspectorate begins after receiving a court decision on the execution of the sentence and copies of the sentence, decision and court order. Each convicted person is registered and a personal file is created for him. A personal register of all persons sentenced to imprisonment is necessary to monitor their participation in work, the correctness of deductions from wages and their timely deregistration on the grounds established by law. One of the most important tasks of inspections is monitoring the employment of the convicted person.

If he works, the inspection clarifies the place of work and within 15 days sends him a copy of the decision and writ of execution. If it is determined that the convicted person does not work, he is offered work either independently or with the help of the State Employment Service.

The administration of the organization at the place of work of the convicted person is informed about the established procedure and conditions for serving the sentence in the form of correctional labor. They are informed of the obligation to withhold part of the salary, transfer the withheld amounts, apply other restrictions established by law, carry out educational work with the convicted person, and also inform the supervisory authority about the penalties and benefits imposed on the convicted person and about his dismissal on the grounds established by law.

While serving the sentence, the convicted person must continue to work in the same position. The transfer of these persons and their dismissal (with the exception of dismissal on their own initiative) can be carried out on the general grounds of labor legislation.

Convicts can serve their sentences in enterprises of all forms of ownership. However, they cannot study part-time or work at all. The period of punishment begins from the day the organization in which the convicted person works receives the order to conduct an inspection and the court decision. From this day onwards, deductions must be made from the prisoner’s salary. If the convicted person is on vacation at the time of receiving the order, then the beginning of the sentence is considered to be the day when he started work and withholds money from his earnings.

When calculating the period for which the sentence is to be served, the fact that the convicted person must work for at least one month is taken into account, based on the number of working days per month in accordance with the established work schedule. If he worked more working days in a given month, one month will nevertheless be deducted from his sentence, but excessively long working days will not be deducted from his earnings. Therefore, early serving of the sentence is impossible.

If the number of working days is less than specified and there is no reason to include the missed days in the fine, then the period until the fine is served is extended. Thus, the actual calendar period may exceed the sentence imposed by the court.

Arbitrage practice

Judge Petrov K.N.22-1829/17 DECISION ON APPEAL Izhevsk October 3, 2021 Supreme Court of the Udmurt Republic, consisting of presiding judge S.O. Kolegov with the participation of prosecutor Ismagilova A.M., defense lawyer A.V. Likhachev, lawyer I.V. Andreev. and secretary Gorbunova E.V. at the court hearing the case was considered on the cassation appeal of the defendant A.V. Likhachev. to the Glazovsky District Court of the Udmurt Republic on July 24, 2021 in the case.

The speech of the representative of the Federal Financial Institute of the Federal Financial Markets Service of Ukraine A.A. Karnaukhov was satisfied. and part of the sentence imposed on the convicted Likhachev A.V., a native of DD. MM. GGGG in <address>, in the form of correctional labor according to the verdict of the Glazovsky District Court of the Udmurt Republic dated January 19, 2017, was replaced by a prison term of 3 months 4 days with the sentence served in a colony-village.

In accordance with the provisions of Article 75.1 of the Law “On the Execution of Criminal Punishments” A.V. Likhachev established an independent procedure for transferring him to a correctional colony or settlement on the basis of an order from a territorial body of the penal system.

Prison sentence of A.V. Likhachev is calculated from the date of his arrival in the colony-settlement, including the time of his arrival at the place of detention in accordance with the rules of the territorial body of the penal system. After hearing the report of the judge of the Supreme Court of the Udmurt Republic SO Kolegov, who presented the case materials, after hearing the speech of lawyer Andreev I.V., the statement of prosecutor Ismagilova A.M.

Installed:

By the decision of the Glazovsky District Court of the Ural Republic dated January 19, 2021 Likhachev A.V. was sentenced under Part 1 of Art. 161 of the Criminal Code of the Russian Federation to 11 months of imprisonment with the withholding of 10% of the proceeds in favor of the state. By decision of the head of the Yarsky district department of the Federal Penitentiary Service of the Federal Penitentiary Service of Russia for Criminal Investigations, A.A. Karnakhova dated March 2, 2017, convicted A.V. Likhachev was additionally required to appear at the penitentiary institution for registration once a month upon request for 3 months (March, April, May).

By the decision of the head of the Yarsky district branch of the Federal Service for Supervision of Financial Markets of the Russian Federation for SD Karnukhov A.A. dated June 14, 2021 to convicted Likhachev A.V. an additional obligation has been established to appear for registration at the penitentiary institution once a month upon request for 3 months (July, August, September).

Representative of the Federal Financial Institution of the Investigative Service of the Federal Penitentiary Service of Russia for the Penitentiary System A.A. Karnukhov appealed to Glazovsky District Court 1.R. with a proposal to replace convicted A.V. Likhachev by imprisonment for correctional labor. By the decision of the Glazovsky District Court of the DLR dated July 24, 2021, the representation of the representative was satisfied, part of the sentence of the convicted A.V. Likhachev's sentence in the form of correctional labor was replaced by 3 months and 4 days of imprisonment to be served in a penal colony.

The court justified this decision by the fact that convicted A.V. Likhachev maliciously avoided serving his sentence in the form of correctional labor.

In his appeal, the convicted Likhachev A.V. expressed his disagreement with the decision and considered it unfair due to its excessive cruelty. The applicant requests a reduction in the prison term.

Deputy Prosecutor of the Yarsky District URC I.G. Chirkova in her complaint believes that the complaint cannot be satisfied. At the court hearing, the lawyer of the convicted person, Likhacheva A.V. - lawyer Andreev - supported the arguments of the appeal and insisted on satisfying the demands presented. Prosecutor Ismagilova A.M. considers the court decision legal, and the arguments of the cassation appeal unfounded and asks to refuse to satisfy the presented demands.

Having studied the materials of the case, the arguments of the convicted person’s appeal and the objections against it, the Court of Appeal comes to the following conclusion.

According to Part 4 of Article 50 of the Criminal Code, in the event of a malicious escape of a convicted person from the criminal justice system, the court may replace the remaining term of the sentence with forced labor or imprisonment on the basis of one-day forced labor or imprisonment for three days with hard labor. In accordance with Part 1 of Art. 46 of the Criminal Code of the Russian Federation, violations of the procedure and conditions for a convicted person to perform work in places of deprivation of liberty include: failure to appear for work without a good reason within five days from the date of receipt of the order from the Inspectorate of the Penitentiary Service; failure to appear at the penitentiary service inspection without a valid reason; absence from work or reporting to work under the influence of alcohol, drugs or toxic substances.

In accordance with Part 3 of Article 46 of the Criminal Code of the Russian Federation, a convicted person who has committed a repeated violation of the order and conditions of serving a sentence after written notification of one of the violations specified in Part 1 of this article, or who has escaped from his place of residence, the whereabouts of which is unknown, is considered to have escaped from serving punishments.

As can be seen from the presented documents, after the convict was registered with the prison administration, after he properly explained to the convict the order to serve the assigned sentence, and after he was sentenced to work in prison, the convict was employed by Likhachev A February 27 and 28, 2021 A.V. Likhachev was reprimanded by his employer for not going to work, and on February 27 and 28, 2021, on March 2, 2021, the penal system issued a warning to the convict to replace punitive work with a more severe form of punishment.

In addition, the convicted Likhachev A.B. On April 4, 2021, he did not appear at the Prison Inspectorate without good reason, and on April 5, 2017, he was warned that work in prison would be replaced with a more severe punishment. In addition, after the issuance of an order to stay in Data Seizure LLC, the convicted Likhachev A.V. did not allow him to report to work within five days of receiving the order without a valid reason, and on April 5, 2021, he was warned that his work in prison would be replaced by a more severe punishment.

Thus, the court found that the convicted Likhachev A. V, after registering with the Prison Inspectorate, showed dishonesty during the probationary period, evaded serving a sentence in the form of correctional labor, did not appear for inspection when called, and did not show up for work at work without a good reason. within five days of receiving the order from the Prison Inspectorate, was absent from work for which he was warned that his sentence would be commuted to a more severe sentence, failed to respond to warnings, failed to change his behavior and re-offended.

In addition, on April 8 and May 3, 2021, A.V. Likhachev committed administrative offenses under Art. 20.21 of the Code of Administrative Offenses of the Russian Federation, for which he was brought to administrative responsibility by the verdict of the magistrate of the Yarsky District Court of the Urals on April 19 and May 5, 2021, respectively, and was sentenced to a fine of 550 rubles and administrative arrest for 5 days, respectively.

Based on these data, the court, based on the requirements of Part 4 of Article 50 of the Criminal Code, made a reasonable and legal decision to replace the prison service in relation to A.V. Likhachev to prison, and correctly determined, in accordance with part 1 of paragraph “a” of Article 58 of the Criminal Code, the type of prison service.

The decision of the trial court was justified and taken taking into account special circumstances, information about the identity of the convicted person and information about his state of health. Based on the evidence presented, there is no basis for changing the nature or amount of the punishment imposed by the decision of the appellate instance, including the punishment for forced labor.

At the same time, the court's decision was motivated by circumstances that were not confirmed in the case submitted to the court by the appellate body.

This is how the convict A. Likhachev appeared did not appear at the criminal inspection on March 20, 2021 and May 12, 2021 without good reason, according to the decision of the appellate instance. On March 23, 2017 and May 16, 2021, he was warned that correctional labor would be replaced with a more severe form of punishment. In addition, the convicted Likhachev A.V., after issuing an order for employment at Data Seizure LLC on June 13, 19, 20, 21, 2021, allowed absenteeism, for which his employer Likhachev A.V. was responsible. V. was punished on June 14, 2021 and June 20, 2021 with warnings for absence on June 13, 2021 and July 19, 2021, respectively, and on June 22, 2017 - dismissal for absence on June 13, 19, 20 and 21, 2021, respectively, and 14 June 2021 and June 22, 2021, the Prison Inspectorate issued him warnings for replacing prison work with a more severe form of punishment.

At the same time, Likhachev A.V. was summoned on March 14, April 4 and May 3, 2017 in accordance with the schedule for registering the appearance of the convicted person (lit. “seized data”) Likhachev A.V. was summoned on March 14, April 4 and May 3, 2021 to register with the Criminal Investigation Department to provide information about the need for the presence of A.V. Likhachev. as a defendant. V. Likhachev for registration with a law enforcement agency on March 20, 2021 and May 12, 2021, the case materials do not contain information about the extradition of A.V. Likhachev’s prescription for placement in LLC “Seized Data”. For these reasons, the refusal of A.V. Likhachev from attending school on June 13, 19, 20, 21, 2017, his failure to appear at the criminal investigation department on March 20 and May 12, 2017 cannot be an independent basis for replacing prison work, and an indication that the convict committed these violations is subject to exclusion from the reasoning part of the court decision in accordance with the requirements of Art. 389.15 Code of Criminal Procedure of the Russian Federation.

At the time of the decision to cancel or change the decision, the court of first instance did not commit further violations of criminal or criminal procedural legislation, and the appellate court does not see any grounds for canceling the court decision based on the arguments of the cassation appeal. The contested decision meets the requirements of Part 4 of Article 7 of the State Committee for Criminal Procedure of Russia. Based on the above case law and guided by Articles 389.13, 389.15, 389.20, 389.28, 389.33 of the Code of Criminal Procedure of the Russian Federation, the Court of Appeal.

Resolved:

Decision of the Glazovsky District Court of the Udmurt Republic dated July 24, 2021 in relation to convicted A.V. Likhacheva. Remove from the reasoning part of the contested decision the reference to the violation by the convicted A.V. Likhachev's obligations to appear at the criminal inspection on March 20 and May 12, 2021, as well as his absence on June 13, June 19, June 20 and June 21, 2021. In other cases, the court decision remains unchanged, and the complaint of the convicted person is not satisfied.

Who cannot serve a sentence of correctional labor

According to the rules and regulations established in Russia, correctional labor as a criminal punishment cannot be legally imposed on the following citizens:

1. Disabled people from the first group.
2. Women with pregnancy.
3. Women with children under 3 years of age.
4. Conscripts.
5. Contractors.

In court practice, there are cases in which people from this list were assigned work to correct themselves and realize their guilt. Sometimes we are talking about judicial inaccuracy or the fact that some data and circumstances of the case became known too late. However, when new information becomes known, the sentence is overturned, and this applies to all such cases.

Example: a citizen was sentenced to work for a year and a half and withhold 10 percent of her income in favor of the state. After the verdict came into force, it became known that the defendant was pregnant. The defendant was explained that she had every right to go to court and file a motion for a delay. The application was granted by the court.

An important point: there is a rule of three days, during which the judicial authorities are required to send the verdict (copy) to the inspectorate. In reality, this rule is not followed or is only implemented in rare cases. This is where events appear that influence the final verdict.

Responsibility for certain offenses can also arise from the age of 14, and then age and characteristics of work activity in the code are taken into account. This is light work, shortened hours and other rules under which citizens 14-16 years old can work. Other minors (age 16-18) may be involved in work on a general basis.

Execution of a court decision on correctional labor for a criminal offense

When choosing correctional labor as a measure of criminal punishment, the court always takes into account the nature of the crime committed.
This measure of adequate punishment is usually chosen if the crime is of medium or light gravity.

The following may be convicted:

• persons who have violated the Criminal Code of the Russian Federation.
• persons over 16 years of age, in some cases for murder or rape, and 14 years of age.

But at the same time, the court thoroughly checks the mental state of the defendant, whether he could be aware that he is committing a crime.

If the defendant's insanity is proven, a sentence of correctional labor will not be imposed.

Such a penalty after the court hearing can be immediately included by the judge in the sentence.

Or he introduces it later, as a mitigating punishment after imposing a more serious one, that is, as a replacement for imprisonment.

The legislation of Russia also clearly defines persons who cannot be punished by correctional labor.

This:

• pregnant women;
• mothers of young children (under 3 years old);
• disabled people of the first degree who have official confirmation of this;
• conscripts or contract soldiers who hold a position as a private or sergeant, if at the time of sentencing the period of conscription service has not expired.

That is, such a penalty does not apply to persons whose work activity is temporarily limited.
Immediately after the verdict is pronounced and it enters into force, the convicted person is required to register with the criminal-executive inspectorate at his place of residence.

See here how and within what time frame you can challenge a court decision by filing an appeal.

All aspects of carrying out enforcement work as a criminal punishment are regulated by Article 7 of the Criminal Executive Code of the Russian Federation.

An officially employed convict notifies the inspectorate of his place of work, a notice is sent there, and as soon as it is received by the administration, the execution of the sentence begins.

If the convicted person is not employed, the penal inspectorate chooses a place of work for him.

It is written in more detail how to register with the employment center.

What is correctional work

Correctional labor is a type of punishment for criminal acts. The imposition of punishment is regulated by the Criminal Code of the Russian Federation, and its application by the Criminal Executive Code.

Article 50 of the Criminal Code provides for the serving of a sentence at the official place of duty, with deduction from wages of an amount established by the court. For the unemployed, the place of “working” is determined by local authorities and coordinated with the criminal-executive inspectorates.

The procedure for performing work is regulated by Chapter 7 of the Criminal Executive Code. According to Article 40 of the Penal Code, during the period of the sanction, the employee is prohibited from dismissal at his own request, and is also charged with the duty of conscientious treatment of work, which is monitored by the relevant inspectors.

In cases where the court assigns corrective labor to a citizen who does not have a permanent place of service, the offender does not have the right to refuse the types of work offered to him by the authorities.

Characteristics of punishment

Not many people know what correctional labor is under the Criminal Code of the Russian Federation; in most cases, a person becomes familiar with this term when he has already broken the law. The Criminal Code of the Russian Federation positions correctional labor as one of the types of criminal punishment. Their essence is to forcefully attract a guilty person to work. This type of punishment is assigned to a convict who has a primary work activity and does not have one.

This type of punishment is imposed for a period of two months to two years, depending on the nature of the crime committed. For minors who have committed a crime, the maximum term of correctional labor is 365 days. The minimum sentence for all groups and age categories of offenders is 61 days.

From the criminal’s salary, from 5 to 25% will be collected into the state treasury. When calculating recovery from earnings, taxes and other payments are not excluded. The convicted person is obliged to comply with the procedure for serving the sentence and treat work conscientiously. Corrective work can be carried out at the official place of employment of the convicted person, or in places that will be determined by local authorities. As a rule, these are state-owned enterprises in the region of residence. A sentenced person does not have the right to refuse the work offered to him. While serving a sentence, the Criminal Code prohibits resigning at will.

Few people know, but during correctional work, the term of punishment is counted, even if the subject of the offense is sent on sick leave. In a situation where the offender falls ill, he will still receive money; it is from this amount that regular collections, appointed by the judge, will be made to the state treasury.

If a convicted person evades punishment in every possible way, he can be replaced with imprisonment. Calculation of serving the sentence will be calculated - 1 day of imprisonment for 3 days of correctional labor.

Corrective labor ordered by the court does not oblige lawbreakers to change their official place of employment. The person remains in the same place, but the entry in the work book significantly affects further relationships in the team and career advancement.

It is very important to note the fact that not everyone can be held accountable for a crime committed in this form. According to established legislation, there is a circle of persons who are prohibited from imposing this type of punishment

Among them are:

• disabled people of the first group;
• pregnant women;
• women who have children under 3 years of age;
• military personnel.

This penalty is not imposed on persons whose ability to work is temporarily limited. According to part 1. Art. 45 of the Criminal Code of Russia, correctional work, is applied only in the form of the main punishment, but they can replace a fine and other types of liability, except imprisonment. It is important to note that correctional labor can be applied to pregnant criminals who have committed grave and especially grave violations of the law, in view of the deferment of serving the main sentence.

A huge number of people confuse correctional labor with compulsory labor. Evaporation work is carried out by a person at the place of official employment, and funds are collected from him into the state treasury. A person who has committed a crime before the law must perform compulsory work in his free time, and he must carry out this work for free. Funds are also not collected from him into the state treasury.

Forced labor is considered a more severe punishment; it is prescribed for committing crimes - serious and moderate. They can be a substitute for imprisonment. This punishment consists of involving the subject of a criminal offense to work in places determined by the bodies of the penal system. They are appointed for a period of up to five years. This form of responsibility cannot be assigned to minor citizens, in contrast to the two correctional measures listed above.

Definition and Features

The purpose of any correctional work is to achieve a citizen’s awareness of his guilt and his involvement in a certain, but simple and accessible to others type of activity. How and what are the features of this method of punishment for a criminal offense? When are such works assigned and can they be avoided?

According to Article 50 of the Criminal Code of Russia, such types of work are the labor activity of a convicted citizen in a company that is determined by the state inspection (it is in this case a penal or penal element). When assigning and determining correctional activities, the body controls how and according to what rules the announced sentence will be executed. This is the main article in the latest edition, which regulates the specifics of execution, assignment and regulation of work. However, any changes and new definitions in this article may resolve the course of legal proceedings.

In the event that a citizen is already working at the time of the official pronouncement and execution of the final sentence and its implementation, he is given the opportunity not to leave for another company, but to remain at his job. If there is no permanent work and no schemes for its implementation, then the inspectorate will have to determine the place of residence in whose territory the citizen will have to work.

Most often, for citizens without an official permanent job, some municipal companies are selected, where low-paid activities are required (loader, yard cleaner and similar types of positions).

A complete list of possible works and similar organizations is agreed upon every year with the head of the municipal inspection office under Article 50 of the Criminal Code of the Russian Federation, as well as with the municipal authorities competent in these matters.

In some cases, direct employers include or may include not only state and municipal institutions, but also individual entrepreneurs and organizations with commercial activities, if these organizations require a permanent workforce.

The total term of correctional activity may vary depending on the court sentence from 2 months to 2 years. In addition, at the legislative level it is possible to establish a similar type of imposed punishment in certain units of time. For example, in days. This happens in the case of counting other types of punishments.

Example: a person was convicted of grand theft, and for good behavior, part of the sentence (2 months and 2 weeks) was replaced by work. In this case, the proportion is 1:3, then the convicted person will have to work for 7 months and 2 weeks.

If we compare correctional and compulsory labor with each other, we can highlight one point: during correctional labor, the convicted person will be required to receive wages according to the established tariffs adopted by the organization. In this case, part of the salary will be transferred to the convicted person, and part (up to 20 percent, depending on the court decision) will be sent to state revenue.

Therefore, if a person serves such a sentence, the state achieves 2 important goals:

1. The convict is constantly busy and learns skills that benefit the country and society.
2. The state receives a certain amount of funds into the state budget.

An important point: now situations are increasingly arising in which convicts ask the court to sentence them to correctional labor. This is due, first of all, to difficulties in finding a job, and also to not having the highest qualifications or a previous criminal record. Often, citizens continue to work in the same place after completing their correctional sentences.

For what crimes is it assigned?

Places of imprisonment do not in all cases have a positive effect on the correction of a person who has violated the law, and in many cases they only increase the risk of repeating crimes. Labor service can reduce the likelihood of a repeat offense.

Correctional labor is prescribed for crimes of minor or moderate gravity. The court makes a decision on this type of punishment based on the fact that in a familiar environment, a citizen who has broken the law will correct himself faster than in the absence of a work collective.

Crimes of minor gravity include careless as well as intentional acts.

For committing such actions, the punishment leaves no more than three years in prison.

Medium gravity includes crimes committed intentionally, which involve no more than five years of imprisonment or a careless act, a period for which no more than three years of serving the sentence. . The court assigns correctional labor in the following cases:

The court assigns correctional labor in the following cases:

1. If the sanctions of the article of the Special Part of the Criminal Code of the Russian Federation, according to which the type of crime committed is classified, there is a punishment by correctional labor, as the only measure of influence or as an alternative to other methods of punishment.
2. If, in accordance with Article 64 of the Criminal Code of the Russian Federation, the court chooses a more lenient punishment than what is provided for committing a specific type of crime.
3. When making a decision under Article 80 of the Criminal Code of the Russian Federation, where imprisonment is replaced by correctional labor for the benefit of society.
4. If a deferment is applied for mothers of young children, as well as for pregnant women.
5. If there is a malicious evasion of a fine, in this case correctional labor is replaced with a more severe type of punishment.

This type of work can be assigned as the main type of punishment and is not used as an additional measure of influence on a convicted citizen.

How the court sets the terms of correctional labor

The court sets the terms of correctional labor based on the provisions of the Criminal Code: their duration can range from 2 months to 2 years.

Note!

Correctional labor is assigned only as the main punishment.

Correctional labor may be imposed by the court on the perpetrator under Article 213 “Hooliganism” for a period of one to two years. Illegal fishing in protected natural areas can also be punished by correctional labor for up to 2 years.

Article 291.2 of the Criminal Code of the Russian Federation “Petty bribery” requires corrective labor for a bribe-taker who received less than 10 thousand rubles for a period of up to 3 years. Disclosure of the secret of adoption may also be punishable by correctional labor for up to 1 year.