What types of compulsory labor are assigned as administrative punishment?

The legislation of the Russian Federation provides for several types of punitive measures for committing crimes or offenses. One of them is punishment in the form of compulsory labor activity. Within the framework of criminal law, regulation is carried out by the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.

Within the framework of administrative law, the question of who carries out the punishment in the form of compulsory labor is determined only by the Code of Administrative Offenses of the Russian Federation.

Definition of mandatory work

Criminal-executive inspections carry out all decisions of the judicial authorities, among which there are various types of work (correctional, compulsory, compulsory).

Each of these types of punishment has its own specifics. ORs do not in any way affect the performance of the main work activity. They are performed in their free time and are not paid. Both minimum and maximum deadlines for completing the work have been established. Measurement takes place in hours.

Compulsory work is performed in free time and is not paid

The choice of a particular place in which socially beneficial activities will be carried out is within the competence of the local government body. Compulsory work is also regulated by the Penal Code, which states that work can be carried out for no more than four hours per day.

Corrective and forced labor activities differ significantly from OR. Works of a corrective nature have their own specifics in terms of the order of calculation and execution. So, they are no longer calculated in hours, but in months and years.

Forced labor is the most severe of all the types of coercion described above and consists of the use of so-called alternative measures instead of imprisonment.

Differences between types of criminal punishment:

Within the framework of the Code of Administrative Offences, only mandatory work is applied. The specifics of assigning this type of punishment will be discussed below.

Public works: concept and execution

Community service is a new type of administrative penalty. What is it, how does it differ from correctional labor, and what is the procedure for its execution? Let's figure it out.

A new type of administrative penalty

In the new Code of Administrative Offenses correctional labor is replaced by public (Article 6.5 of the new Code of Administrative Offenses). There is a significant difference between these types of penalties.

Correctional labor was served at the place of work of an individual exempt from criminal liability, and was established for a period of 1 to 2 months (Part 1 of Article 6.6 of the former Code of Administrative Offenses).

Community service consists of the offender performing free work in his free time from his main job, service or study. They are aimed at achieving socially beneficial goals. The essence of community service is that the offender, in order to correct the harm he has caused, performs work for free for the benefit of society.

Offenses for which a penalty in the form of community service is provided belong to the category of gross administrative offenses (Part 4 of Article 2.2 of the new Code of Administrative Offenses).

Community service is the main administrative penalty; it cannot be assigned as an additional one (Part 1 of Article 6.3 of the new Code of Administrative Offenses).

The list of public works is approved by the Government.

Community service is imposed only by the court; other bodies do not have the right to do this (Part 3 of Article 6.2 of the new Code of Administrative Offenses).

Public works are imposed only with the consent of the individual (Part 3 of Article 6.5 of the new Code of Administrative Offenses).

The following cannot be involved in public works

— pensioners;

- minors;

— pregnant women and persons on maternity leave;

— disabled people of groups I and II;

— foreigners and stateless persons who do not permanently reside in our country;

- military personnel, police officers and other persons specified in Art. 4.5 of the new Code of Administrative Offences.

Organization of public works execution

The execution of public works in the new Code of Administrative Offenses is regulated by Chapter. 22.

Community service is performed at the offender’s place of residence. The organization of their implementation is entrusted to local executive and administrative bodies of the basic level (in Minsk - to the district administration in the city) (Article 22.1 of the new PIKoAP). The basic territorial level includes city executive committees (cities of regional subordination) and district executive committees (hereinafter referred to as local authorities) (part 3, paragraph 2, article 2 of Law No. 108-Z).

The responsibilities of local authorities include (Article 22.3 of the new PIKoAP):

— keeping records of offenders;

— clarification of the procedure and conditions for performing public works;

— identification of objects and specific types of public works performed. The basis for this is the list of public works approved by the Government;

— development and approval of a public works schedule. The schedule is agreed upon with the organization to which the offender is sent to perform community service;

— maintaining a summary record of hours worked;

- sending to the court a motion to release the offender from performing public works if he reaches retirement age, becomes pregnant, or other circumstances arise during the performance of public works, provided for by the Code of Administrative Offenses (Part 3 of Article 6.5 of the new Code of Administrative Offenses);

— revision of the work schedule (part 2 of article 22.5 of the new PIKoAP);

— increasing the duration of public works from 4 to 8 hours a day (part 3 of article 22.5 of the new PIKoAP);

— issuing official warnings against those evading public works (Part 2 of Article 22.6 of the new PIKoAP).

Responsibilities of the organization in which public works are performed

The administration of such an organization is obliged (Article 22.4 of the new PIKoAP):

— monitor compliance with the procedure, conditions and schedule for performing public works;

— notify local authorities of violations of the order, conditions or schedule of public works.

In addition, when performing public works, working conditions must be ensured in accordance with the law. Otherwise, the person injured will have to compensate for the damage (Part 4, Article 22.5 of the new PIKoAP).

Responsibilities of persons performing public works

Persons performing public works are obliged (Part 1, Article 22.5 of the new PIKoAP):

— comply with the internal regulations of the organizations in which they perform public works;

- work conscientiously at the facilities designated for them during the period established by the court in accordance with the public works schedule;

— inform local authorities about changes in place of residence;

- appear when called to local authorities to give written explanations on issues of performing public works;

— notify local authorities of valid reasons preventing the performance of public works.

Rights of persons performing public works

As surprising as it may sound, offenders retained some rights. In the new PIKoAP they are presented in various articles, which, of course, is not very convenient to use.

Offenders have the right to petition local authorities to change the schedule for performing public works (part 2 of article 22.5 of the new PIKoAP).

In addition, the offender has the right to petition to increase the duration of community service to 8 hours during the day. This is the maximum time for performing public works during the day. You cannot perform community service for 10-12 hours. It is allowed to perform community service for 8 hours in a row on weekends and other days when the offender is free from main work, service or study (Part 3 of Article 22.5 of the new PIKoAP). The new Code of Administrative Offenses does not indicate who makes such a decision. However, based on the analysis of other articles, it follows that this is the competence of local authorities.

The offender has the right to apply for a deferment of community service. Such a petition is sent to the court if there are circumstances that prevent the performance of public works (Part 1, Article 16.7 of the new PIKoAP).

The offender may also apply for an installment plan for performing community work if there are circumstances that prevent the completion of such work. The decision on installment payment is made by the court (clause 1, part 2, article 16.7 of the new PIKoAP).

According to the law, the offender also has the right to receive compensation for harm in the event of injury caused to him in connection with the performance of public works (part 4 of article 22.5 of the new PIKoAP).

Terms of serving public works

Public works are established for a period of 8 to 60 hours and are performed no more than 4 hours a day (Part 2 of Article 6.5 of the new Code of Administrative Offenses). This rule in the new Code of Administrative Offenses is stated as imperative, which cannot be changed. However, the new PIKoAP contains a different norm. At the request of the offender, the maximum duration of community service during the day can be increased to 8 hours. Work in this way can be done on weekends and other days when the offender is free from main work, service or study (Part 3 of Article 22.5 of the new PIKoAP).

The offender must be involved in performing public works no later than 10 days from the date of receipt by the local authorities of the decision to impose an administrative penalty (Part 1 of Article 22.2 of the new PIKoAP).

The 10-day period begins on the day after the calendar date or occurrence of the event that determines its beginning, and ends on the day of the corresponding calendar date or event. If the last day of the procedural period falls on a non-working day, then the last day of the term is considered to be the first working day following it (clause 19, part 1, article 1.4 of the new PIKoAP).

The time during which the offender did not perform community service for good reasons is not counted in the total period of such an administrative penalty (Part 2 of Article 22.2 of the new PIKoAP). The new PIKoAP does not contain a list of valid reasons. As a rule, these include documented disability , business trips, etc. In this case, annual paid leave from the main place of work and vacations from the place of study . Their provision does not suspend the performance of public works (Part 3 of Article 22.2 of the new PIKoAP).

Deferment, installment plan and the case when public works are not subject to execution

The court that issued the decision to impose an administrative penalty may delay its execution for up to a month . This is possible if there are circumstances that prevent the completion of public works on time. The new PIKoAP does not contain a list of such circumstances. a decision on deferment on its own initiative or at the request of the offender (Part 1, Article 16.7 of the new PIKoAP).

The court also has the right to spread the execution of the decision for a period of up to 2 months . This is possible if there are circumstances that prevent the execution of public works on time. to apply for an installment plan for the execution of public works (clause 1, part 2, article 16.7 of the new PIKoAP).

A resolution is issued on deferment or installment plan for the execution of public works, which specifies the terms and procedure for the deferment or installment plan. The resolution is announced to the offender and sent to local authorities (part 3 of article 16.7 of the new PIKoAP).

If the deadlines for deferment, installment plan for the execution of public works, as well as the procedure for executing the installment plan for public works are violated, such a resolution loses force by a court decision (Part 4 of Article 16.7 of the new PIKoAP).

A resolution on involvement in public works that is not executed within a year from the date of its entry into legal force is not subject to execution (Part 2 of Article 14.5 of the new PIKoAP).

Responsibility for violating the procedure and conditions for performing public works

The legislation establishes a list of violations of the procedure and conditions for performing public works. These are (part 1 of article 22.6 of the new PIKoAP):

- refusal to perform a specific type of public work for a person or failure to appear within the established period for performing public work without good reason;

— failure to perform public works without good reason;

— other violation of labor discipline during the performance of public works;

- failure to appear without good reason at local authorities to give written explanations on issues related to the performance of public works.

As follows from the above, this list is not exhaustive; it can be significantly expanded. In principle, the definition of “other violation of labor discipline during the performance of public works” may include any violation provided for by labor legislation (for example, failure to comply with labor protection rules).

For such violations, an official warning is issued about administrative liability for evasion of public works. It is issued by local authorities (Part 2 of Article 22.6 of the new PIKoAP).

The following persons are recognized as evading public works (Part 3, Article 22.6 of the new PIKoAP):

- those who failed to perform public works without good reason more than 2 times after an official warning while serving this penalty;

- who committed other violations of labor discipline more than 2 times after an official warning while performing public works;

- absconding from performing public works.

Evasion from performing public works forms an independent element of an administrative offense (part 4 of article 22.6 of the new PIKoAP). It is punishable by a fine of 2 to 20 or administrative arrest (Article 25.13 of the new Code of Administrative Offenses).

In what case are they appointed

The execution of punishment in the form of compulsory labor within the framework of the Code of Administrative Offenses is somewhat different from the execution of this type of work in the criminal legal sense. The difference lies primarily in the timing.

Punishment can range from 20 to 200 hours. Such a punishment, however, like any other, can only be imposed by a judge. This measure of liability is assigned when an act is committed under the Code of Administrative Offences.

Serving a sentence in the form of compulsory labor occurs in a place independent of the person’s main job. The choice of place of execution is within the competence of the local government body. This or that place is approved by the criminal executive inspection.

Attention! The employer for whom the offender works has no right to in any way interfere with the execution of this type of punishment. This includes the impossibility of assigning additional work hours, calling on weekends and holidays, etc.

As for the implementation of labor activities of a citizen within the framework of this punishment, it is impossible to involve him in work on weekends and holidays. However, he can petition in writing that he is ready to work these days to speed up the development of the norm established by the court.

If a punishment is imposed on a minor, then when performing work, it is necessary to be guided by the norms of labor legislation. Minors should not be involved in night work. If EOs interfere with learning activities, they also cannot be applied.

As a rule, ORs are prescribed to minors very rarely. This happens when another type of punishment simply cannot be applied. Of course, when carrying out work activities for minors, it is necessary to take into account their psychophysical characteristics, state of health, etc.

Compulsory work as a type of administrative punishment

Lawyer Antonov A.P.

In clause 10, part 1, art. 3.2 of the Code of Administrative Offenses of the Russian Federation determines that compulsory labor is one of the administrative penalties, which is assigned only as the main one (Part 1 of Article 3.3 of the Code of Administrative Offenses of the Russian Federation). By virtue of Part 1 of Art. 3.13 of the Code of Administrative Offenses of the Russian Federation, compulsory work as an administrative punishment consists of performing free socially useful work by an individual who has committed an administrative offense during his free time from his main job, service or study. Compulsory work is assigned by a judge. Compulsory work as a punishment is provided for by the sanctions of the following articles: Part 2 of Art. 5.26, part 1 - 2 art. 5.35.1, Art. 6.1.1 Code of Administrative Offenses of the Russian Federation, etc. Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day. The maximum time of compulsory work can be increased to eight hours a day in the manner provided for in Part 10 of Art. 32.13 Code of Administrative Offenses of the Russian Federation (Part 2 of Article 3.13 of the Code of Administrative Offenses of the Russian Federation). Compulsory work does not apply to pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as to employees of the Investigative Committee of the Russian Federation, internal affairs bodies, and national troops with special ranks. Guard of the Russian Federation, bodies and institutions of the penal system, compulsory enforcement bodies of the Russian Federation, State Fire Service and customs authorities (Part 3 of this article). The procedure for performing compulsory work is regulated by Art. 32.13 Code of Administrative Offenses of the Russian Federation. The judge's decision to assign compulsory labor is executed by a bailiff in the manner established by federal legislation (Part 1 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). A similar procedure is established by Federal Law dated October 2, 2007 N 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Law on Enforcement Proceedings) (Article 109.2), where, among other things, it is noted that the execution of a writ of execution on serving compulsory labor is carried out by a bailiff at the place of residence of the debtor (part 2); The bailiff controls the behavior of the debtor while serving compulsory labor, his compliance with labor discipline, the number of hours worked by the debtor, by visiting the organization to which the debtor is sent to serve compulsory labor, or obtaining information from such an organization (Part 6). According to Part 3 of Art. 65 of the Law on Enforcement Proceedings, on its own initiative or at the request of the claimant, the bailiff announces a search for the debtor or his property according to enforcement documents containing requirements for serving compulsory labor. A bailiff has the right to carry out enforcement actions and apply enforcement measures from 9 a.m. to 8 p.m. on non-working days established by federal law or other regulatory legal acts, if this is necessary to monitor the behavior of a debtor serving compulsory labor (Part 3.1 of Art. 35 of the Law on Enforcement Proceedings). Types of compulsory work and a list of organizations in which persons who have been assigned an administrative punishment in the form of compulsory labor serve compulsory labor are determined by local government bodies in agreement with the territorial bodies of the federal executive body authorized to carry out the functions of compulsory execution of executive documents and ensuring the established procedure for the activities of courts. Types of compulsory work that require special skills or knowledge cannot be determined in relation to persons who do not have such skills or knowledge (Part 2 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). A person who has been sentenced to administrative punishment in the form of compulsory labor is required to serve compulsory labor no later than ten days from the date the bailiff initiates enforcement proceedings (Part 3 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Bailiffs keep records of persons who have been assigned an administrative punishment in the form of compulsory labor, explain to such persons the procedure and conditions for serving compulsory labor, agree with local government bodies on a list of organizations in which persons who have been assigned an administrative punishment in the form of compulsory labor are serving compulsory labor. work, control the behavior of such persons, keep a summary record of the time they worked (Part 4 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Persons who have been sentenced to administrative punishment in the form of compulsory labor are required to comply with the internal regulations of the organizations in which such persons are serving compulsory labor, work conscientiously at the facilities designated for them during the period of compulsory labor established by the court, and notify the bailiff of the change. place of residence, and also appear when summoned (Part 5 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Providing a person who has been given an administrative punishment in the form of compulsory work with annual paid leave from his main place of work does not suspend the execution of the administrative punishment in the form of compulsory work (Part 6 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). A person who has been sentenced to administrative punishment in the form of compulsory labor has the right to petition the court for release from further serving of compulsory labor if he is recognized as a disabled person of group I or II, becomes pregnant or suffers a serious illness that prevents him from serving compulsory labor. To satisfy this petition, the judge issues a decision to terminate the execution of the decision to impose an administrative penalty in the form of compulsory labor (Part 7 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Compulsory work is performed by a person who has been given an administrative punishment in the form of compulsory work, free of charge (Part 8 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). The period of compulsory labor is calculated in hours during which the person who was given an administrative punishment in the form of compulsory labor served compulsory labor (Part 9 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). The time of compulsory work on weekends and days when a person who has been given an administrative penalty in the form of compulsory work is not engaged in his main job, service or study cannot exceed four hours; on weekdays - two hours after finishing work, service or study. Based on a written application of a person who has been sentenced to administrative punishment in the form of compulsory work, the maximum time of compulsory work on weekends and days when the person who has been sentenced to administrative punishment in the form of compulsory work is not engaged in his main job, service or study, the bailiff - the performer has the right to increase it to eight hours; on weekdays - up to four hours after finishing work, service or study. The time of compulsory work during a week, as a rule, cannot be less than twelve hours. If there are good reasons, the bailiff has the right to allow a person who has been given an administrative punishment in the form of compulsory labor to work fewer hours during the week (Part 10, Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Similar provisions are found in Art. 109.2 of the Law on Enforcement Proceedings. The administration of the organization in which a person who has been assigned an administrative punishment in the form of compulsory work is serving compulsory work is entrusted with monitoring the performance of this person's work specified for him, notifying the bailiff about the number of hours worked or the evasion of the person who has been assigned an administrative punishment. in the form of compulsory labor, from serving compulsory labor (Part 11 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). In case of evasion of a person who has been sentenced to administrative punishment in the form of compulsory work, from serving compulsory work, expressed in repeated refusal to perform work, and (or) repeated absence of such person from compulsory work without good reason, and (or) repeated violation of labor discipline , confirmed by documents of the organization in which the person who has been sentenced to administrative punishment in the form of compulsory labor is serving compulsory labor, the bailiff draws up a protocol on the administrative offense provided for in Part 4 of Art. 20.25 Code of Administrative Offenses of the Russian Federation (Part 12, Article 32.13 Code of Administrative Offenses of the Russian Federation). By virtue of Part 4 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, evasion from serving compulsory labor is recognized as an administrative offense, which entails the imposition of an administrative fine in the amount of one hundred fifty thousand to three hundred thousand rubles or administrative arrest for a term of up to fifteen days. The concept of “evasion from serving compulsory labor” is introduced by the Law on Enforcement Proceedings, in Part 3 of Art. 109.2 of which it is explained that this is expressed in absence from compulsory work without good reason and violation of labor discipline, confirmed by documents of the organization to which the debtor is sent to serve compulsory work. The position of the FSSP of Russia regarding the execution of judges’ decisions on serving compulsory labor is set out in Letters dated January 15, 2013 No. 12/01-491-AP and Letters dated June 25, 2013 No. 12/01-17171-AP.

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Types of compulsory work

The Code of Administrative Offenses does not have a clear gradation of mandatory work. Based on this, we can conclude that there is no legally established classification. The distinction can be traced only by analyzing the executive system in the Russian Federation. Social realities show that most often offenders perform the following types of work:

• repairing public or government property;
• cleaning of territories;
• washing the facades of municipal budget buildings;
• planting and caring for flowers and other ways to improve the territory;
• painting borders, fences, etc.

Each specific type is determined by compulsory medical insurance depending on the need for labor in a particular area.

Types of disciplinary sanctions

Art. 192 of the Labor Code of the Russian Federation regulates three types of disciplinary sanctions: reprimand, reprimand and dismissal. Although some employers, either mistakenly or intentionally, establish their own types of disciplinary sanctions - for example, a severe reprimand (applies only to certain categories of employees), depreciation or a fine for being late for work - and even apply them in practice, breaking the law.

The first rule that works in this case: it is important to apply only those types of disciplinary sanctions that are established by labor legislation, and also to understand how they differ from each other. And if with such a disciplinary sanction as dismissal, everything is more or less clear, since the grounds for its application are spelled out in detail in Art. 81 of the Labor Code of the Russian Federation, then difficulties may arise with a reprimand and reprimand.

The problem is that a reprimand and a reprimand have no characteristic differences - in Art. 192 of the Labor Code of the Russian Federation provides simply a list of disciplinary sanctions, without indicating the degree of their severity. Based on this, employers can start from the principle “from the easiest to the most severe”: reprimand comes first in the list, therefore, this is a milder type of punishment, and dismissal is the most severe, as it is indicated at the end of the list.

In addition, the employer can describe the difference between a remark and a reprimand in a local regulatory act, fixing the grounds for applying both penalties.

The grounds for applying dismissal are given in Art. 81 Labor Code of the Russian Federation. These include:

• Repeated failure to fulfill job duties without good reason (if the employee was previously given a reprimand or reprimand and it has not been withdrawn (clause 5 of Article 81 of the Labor Code of the Russian Federation).
• Gross violation of labor duties (absenteeism, theft, showing up at work under the influence of alcohol or drugs, and other grounds from clause 6 of Article 81 of the Labor Code of the Russian Federation).
• For the manager, his deputies, the chief accountant: making an unfounded decision that resulted in a violation of the safety of property, its unlawful use or other damage to the organization’s property (clause 9 of Article 81 of the Labor Code of the Russian Federation).
• For an employee servicing monetary or commodity valuables: committing guilty actions at the place of work and in connection with the performance of job duties, if these actions serve as the basis for the loss of confidence in him by the employer (Clause 7 of Article 81 of the Labor Code of the Russian Federation).
• For an employee with educational functions: committing an immoral offense incompatible with work at the place of work and in connection with the performance of job duties (clause 8 of Article 81 of the Labor Code of the Russian Federation).
• Failure to take measures to prevent or resolve a conflict of interest to which he is a party (clause 7.1 of Article 81 of the Labor Code of the Russian Federation).

The list of disciplinary offenses is given in Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2. Thus, failure by an employee to fulfill work duties without good reason (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc.) should be understood:

1. Employee absence from work

As part of this violation, two questions may arise: what should be considered a workplace and where exactly is the employee required to be when performing his work duties? This situation is possible if the employee’s specific workplace is not specified in the employment contract or local regulation.

In this case, it is reasonable to focus on the definition of a workplace given in Part 6 of Art. 209 Labor Code of the Russian Federation. It is considered a place where the employee must be or where he needs to arrive in connection with work and which is directly or indirectly under the control of the employer.

1. Refusal or evasion of a medical examination or special training and passing exams on labor protection, safety regulations and operating rules (for workers for whom this is a mandatory condition for permission to work).
2. Refusal of an employee to perform labor duties in connection with a change in labor standards in accordance with the established procedure (Article 162 of the Labor Code of the Russian Federation), since by virtue of an employment contract the employee is obliged to perform the labor function defined by this agreement, to comply with the internal labor regulations in force in the organization (Article 56 Labor Code of the Russian Federation).

It should be taken into account that refusal to continue work in connection with a change in the terms of the employment contract determined by the parties is not a violation of labor discipline, but serves as a basis for termination of the employment contract under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation in compliance with the procedure provided for in Art. 74 Labor Code of the Russian Federation.

Procedure and conditions of execution

Compulsory work is performed by the convicted person according to the rules that are established by the court and subsequently specified by the criminal executive inspection.

As noted above, a citizen can carry out this punishment only for four hours a day . They cannot attract him to perform work for a longer period. However, if the offender has enough free time, he may ask to increase his period of work to eight hours.

The internal labor regulations are established by the local government body. Those sentenced to compulsory labor are required to strictly follow its rules. They must attend work at the scheduled time. They are obliged to take care of the tools of labor, the property of the local government, etc.

In case of violation of internal labor regulations, the compulsory medical insurance has the right to complain to the executive inspectorate. In the case of a permanent violation that occurs systematically, the court has the right to choose a different penalty for an administrative violation.

1. A judge’s decision to assign compulsory labor is executed by a bailiff in the manner established by federal legislation.

2. Types of compulsory work and a list of organizations in which persons who have been assigned an administrative punishment in the form of compulsory labor serve compulsory labor are determined by local government bodies in agreement with the territorial bodies of the federal executive body authorized to carry out the functions of compulsory execution of executive documents and ensuring the established procedure for the activities of courts. Types of compulsory work that require special skills or knowledge cannot be determined in relation to persons who do not have such skills or knowledge.

3. A person who has been sentenced to administrative punishment in the form of compulsory labor is required to serve compulsory labor no later than ten days from the date the bailiff initiates enforcement proceedings.

4. Bailiffs keep records of persons who have been sentenced to administrative punishment in the form of compulsory labor, explain to such persons the procedure and conditions for serving compulsory labor, and agree with local government bodies on a list of organizations in which persons who have been sentenced to administrative punishment in the form of compulsory labor serve compulsory labor, control the behavior of such persons, and keep a summary record of the time they worked.

5. Persons who have been sentenced to administrative punishment in the form of compulsory labor are obliged to comply with the internal regulations of the organizations in which such persons are serving compulsory labor, to work conscientiously at the facilities designated for them during the period of compulsory labor established by the court, and to notify the bailiff about a change of residence, as well as to appear when summoned.

6. Providing a person who has been given an administrative punishment in the form of compulsory work with annual paid leave from his main place of work does not suspend the execution of the administrative punishment in the form of compulsory work.

7. A person who has been sentenced to administrative punishment in the form of compulsory labor has the right to petition the court for release from further serving of compulsory labor if he is recognized as a disabled person of group I or II, becomes pregnant or suffers a serious illness that prevents him from serving compulsory labor. Upon satisfaction of this petition, the judge issues a decision to terminate the execution of the decision to impose an administrative penalty in the form of compulsory labor.

8. Compulsory work is performed by a person who has been given an administrative punishment in the form of compulsory work, free of charge.

9. The period of compulsory labor is calculated in hours during which the person who was given an administrative punishment in the form of compulsory labor served compulsory labor.

10. The time of compulsory work on weekends and days when a person who has been given an administrative penalty in the form of compulsory work is not engaged in his main job, service or study, cannot exceed four hours; on weekdays - two hours after finishing work, service or study. Based on a written application of a person who has been sentenced to administrative punishment in the form of compulsory work, the maximum time of compulsory work on weekends and days when the person who has been sentenced to administrative punishment in the form of compulsory work is not engaged in his main job, service or study, the bailiff - the performer has the right to increase it to eight hours; on weekdays - up to four hours after finishing work, service or study. The time of compulsory work during a week, as a rule, cannot be less than twelve hours. If there are good reasons, the bailiff has the right to allow a person who has been given an administrative punishment in the form of compulsory work to work fewer hours during the week.

(Part 10 as amended by Federal Law dated May 1, 2016 N 135-FZ)

11. The administration of the organization in which a person who has been assigned an administrative punishment in the form of compulsory labor is serving compulsory work is entrusted with monitoring the performance of this person’s work specified for him, notifying the bailiff about the number of hours worked or the evasion of the person to whom the sentence is assigned. administrative punishment in the form of compulsory work, from serving compulsory work.

12. In case of evasion of a person who has been sentenced to administrative punishment in the form of compulsory work, from serving compulsory work, expressed in repeated refusal to perform work, and (or) repeated failure of such a person to perform compulsory work without good reason, and (or) repeated violation labor discipline, confirmed by documents of the organization in which the person who has been sentenced to administrative punishment in the form of compulsory labor is serving compulsory labor, the bailiff draws up a protocol on the administrative offense provided for in Part 4 of Article 20.25 of this Code.

Responsibility for avoiding work

You cannot evade the OP. Malicious evasion of compulsory labor entails a change from one type of punishment to another (more severe). However, the law provides criteria according to which this type of correction of the offender cannot be applied. This includes the following cases :

1. If a woman is pregnant, regardless of the period (there must be confirmation in the form of a certificate from the antenatal clinic).
2. If the woman has already given birth and the baby is not yet three years old (the child’s birth certificate must be provided).
3. If the citizen is a military conscript.
4. If the person is disabled (only the first group matters).

Evasion from compulsory labor entails a change from one type of punishment to another (more severe)

A citizen in court can himself petition for the application of a different type of punishment to him, citing good reasons.

Of course, when appointing an OR, the court assumes that the citizen will approach this issue in good faith and will complete the necessary hours. However, this does not always happen. Many unscrupulous persons try to avoid work, do it poorly, do not show up to work, etc.

The law provides for comprehensive measures of influence on such persons. First of all, the local government body (LGU) is obliged to monitor the convicted citizen and report the slightest violations to the criminal executive inspection . The PEC, within its competence, may declare in court to change the penalty.

The Code of Administrative Offenses does not provide for a provision that if compulsory work is not performed, another type of punishment may be imposed. A different provision is enshrined in the Criminal Code of the Russian Federation. It states that OR can be converted into forced labor or imprisonment.

Therefore, it is impossible to fully say that there is responsibility for evading OR. However, in law enforcement practice there is a rule according to which such citizens of the OR are given a fine commensurate with the harm caused by the offense.

Statute of limitations for prosecution.

Employers should be aware that they cannot be held administratively liable for an offense after a certain period has passed after it was committed - the statute of limitations.

If the statute of limitations for bringing to administrative responsibility has expired, then proceedings regarding an administrative offense cannot be started, and what has been started is subject to termination (Clause 6, Part 1, Article 24.5 of the Code of Administrative Offenses of the Russian Federation).

The statute of limitations is established in Art. 4.5 Code of Administrative Offenses of the Russian Federation. In case of violation of labor rights, the period is 1 year.

The duration of the period defined by the period:

• begins on the next day after the calendar date or the occurrence of the event that determines its beginning;
• ends in the corresponding month and date of the last year (Parts 1, 2, Article 4.8 of the Code of Administrative Offenses of the Russian Federation).

The occurrence of the event is the day the offense was committed.

Thus, if the offense was committed on 06/15/2019, the period will begin to run from 06/16/2019 and will expire on 06/15/2020 (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 03/24/2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on administrative offenses" (hereinafter referred to as Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5)).

In the event of an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the relevant obligation.

Please note that the beginning of the statute of limitations will be considered differently if the violation is of a continuing nature: the period begins to be calculated from the day the violation is discovered by the inspection authorities.

For your information:

According to paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5, a continuing administrative offense (action or inaction) that is expressed in long-term continuous failure or improper fulfillment of the duties provided for by law.

The protocol on an administrative offense and the resolution on bringing to administrative responsibility must indicate the period of commission of a continuing administrative offense. This is necessary to differentiate offenses involving repeated offenses, taking into account the requirements of Part 5 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, according to which no one can bear administrative responsibility twice for the same administrative offense.

Since the Code of Administrative Offenses of the Russian Federation does not have a clear definition of a continuing offense, the assessment of whether an offense is ongoing is made by the courts. And what is most often recognized as lasting is not violations of labor legislation, but violations of state labor protection requirements. For example, when an employee who has not passed a mandatory medical examination is systematically allowed to work.