Announcement of amnesty, implementation of pardon

Amnesty translated from Greek means “forgiveness, oblivion.” Applied upon approval by government authorities against persons who have committed a crime. The essence of the amnesty is release from punishment (full or partial).

The concepts of “amnesty” and “pardon” are often confused, but they differ in that the amnesty is not aimed at individual pardoned persons, but at an entire category of criminals based on certain characteristics, for example, women, minors, those sentenced to short terms, etc.

Amnesty is usually applied for reasons of humanism, but it also has practical significance, for example, it serves to reduce the number of people in such institutions or contributes to the achievement of certain political goals. In many countries (including Russia) an amnesty is announced, for example, on national holidays.

Amnesty classification

In Russia, amnesty is divided into two groups:

criminal law;
political.

In the first case, the punishment is commuted for persons united on certain grounds, for example, those serving sentences for crimes of minor gravity, single mothers, and juvenile offenders.

As for the political, this implies the state’s refusal to prosecute those responsible for crimes of a mass nature, where the role of each individual person is not decisive, for example, military actions, armed rebellion, etc. An example from history: the act “On declaring an amnesty for persons who committed socially dangerous acts during the anti-terrorist operation in the North Caucasus” dated December 13, 1999.

In what cases is a pardon possible? It does not always happen.

Amnesty 2021: who will it affect?

On January 13, 2021, State Duma deputy S.V. Ivanov a draft law “On declaring an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War of 1941–1945” was proposed for consideration. This right is enshrined in Article 103 of the Constitution of the Russian Federation.

The previous major amnesty was held in 2015 (dedicated to the 70th anniversary of the Victory) and then it affected about 220 thousand people serving sentences. The announcement of an amnesty is becoming a definite historical tradition in Russia.

Convicts who previously applied to the European Court (ECtHR) for violation of Art. 3 of the European Convention, there are less than two months left to receive monetary compensation for poor living conditions.

The fairly quick turnaround time for considering such complaints and significant compensation, sometimes reaching up to 20,000 - 70,000 euros (on average 12,800 euros, with an amicable settlement - 6,500 euros), made such appeals a hit of complaints to the ECHR.

However, on April 9, 2021, the situation changed: the ECHR published its decision “Shmelev and others v. Russia” No. 41743/17 and others, where it came to the conclusion that Federal Law No. 494-FZ adopted by Russia in December 2019 on compensation for inadequate conditions of detention is an adequate and effective way to obtain compensation. The deadline for filing a claim for those who have already sent a complaint to the ECHR is until June 28, 2021. The average expected compensation amount is only 3,000 euros. (about 240,000 rubles), which, unfortunately, is much less than what the ECHR awarded.

Also, all other prisoners who have not applied to the ECHR, but whose conditions of detention in pre-trial detention centers and penal colonies do not comply with the standards established by law, can apply for compensation.

claim or seek help in drawing up an administrative claim, please follow the link.

Sergey Okhotin

Director of the Center for Practical Consultations, lawyer

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For prisoners, this is a chance to be released, reduce the unserved part of the sentence, or receive a more lenient punishment for the criminal act committed.

This year the following will be eligible for amnesty: minors; disabled people of group I or II; women and single men with minor children; military personnel; as well as persons who took part in hostilities to defend the Fatherland, and persons equated to them (you can see the full list of persons eligible for amnesty below in the text of the bill).

Despite the fact that the amnesty act is a manifestation of humanism and compassion on the part of the state, this law will not apply to every citizen in prison.

The application of the amnesty is excluded in relation to persons convicted of intentional murder, robbery, robbery, terrorism, extremism, hostage-taking, banditry and other grave and especially grave crimes.

It is proposed to implement the amnesty within 6 months.

Official document here

Interesting articles to read

Introduced by State Duma deputy S.V. Ivanov Project

RESOLUTION OF THE STATE DUMA On declaring an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War of 1941 - 1945

In commemoration of the 75th anniversary of Victory in the Great Patriotic War of 1941–1945, guided by the principle of humanism, in accordance with paragraph “g” of Part 1 of Article 103 of the Constitution of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation decides : 1. To release from punishment those sentenced to imprisonment for the first time freedom for intentional crimes of minor and medium gravity:

1) persons who took part in military operations to defend the Fatherland, and persons equivalent to them;

2) persons who performed military or official duty in Afghanistan or other states where hostilities took place;

3) military personnel, employees of internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as other organizations participating in the performance of tasks in the context of the armed conflict in the Chechen Republic Republic and during counter-terrorism operations in the North Caucasus region;

4) persons awarded state awards of the USSR and (or) the Russian Federation;

5) minors;

6) persons who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, as well as persons exposed to radiation as a result of this disaster or as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River;

7) women with minor children and (or) disabled children, pregnant women, with the exception of those who have committed a crime against minors;

single men with minor children and (or) disabled children, with the exception of those who have committed a crime against minors;

9) men over 55 years of age and women over 50 years of age;

10) disabled people of group I or II, as well as patients with an active form of tuberculosis, assigned in the prescribed manner to group I or II of dispensary registration, and patients with oncological diseases of clinical group III or IV. 2. Release from punishment those sentenced to imprisonment for a term of up to five years inclusive for intentional crimes committed under the age of 18, who have not previously served imprisonment and do not fall under paragraph 1 of this Resolution. 3. Release from punishment those sentenced to imprisonment for a term of up to five years inclusive, who committed crimes through negligence. 4. To release from punishment conditionally sentenced persons, convicts for whom, before the date of entry into force of this Resolution, the unserved part of the punishment was replaced by a more lenient type of punishment or serving a sentence that was deferred, as well as those sentenced to a punishment not related to imprisonment. 5. Release from punishment in the form of imprisonment convicts whose unserved part of their sentence as of the day the execution of this Resolution ends is less than one year. 6. To terminate criminal cases in progress by the investigative bodies, preliminary investigation bodies and courts regarding crimes committed before the entry into force of this Resolution:

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1) in relation to the persons specified in paragraph 1 of this Resolution, suspected and accused of committing intentional crimes of minor and medium gravity;

2) in relation to suspects and accused of committing crimes due to negligence, for which a maximum penalty not exceeding five years of imprisonment is provided;

3) in relation to suspects and accused of committing crimes for which there is no penalty associated with imprisonment. 7. In criminal cases of intentional crimes for which a punishment of more than five years of imprisonment is provided and which were committed before the day this Resolution came into force by persons who had not reached the age of 18 at the time of the crime, who had not previously served imprisonment and were not subject to Paragraph 1 of this Resolution, the court, if it finds it necessary to impose a sentence of up to five years in prison inclusive, releases these persons from punishment. 8. In criminal cases of crimes committed through negligence, for which a punishment of more than five years of imprisonment is provided and which were committed before the date of entry into force of this Resolution by persons who had not reached the age of 18 at the time of the commission of the crime, who had not previously served imprisonment and falling under paragraph 1 of this Resolution, the court, if it finds it necessary to impose a sentence of up to five years in prison inclusive, releases these persons from punishment. 9. In criminal cases involving crimes that were committed before the entry into force of this Resolution, the court, if it finds it necessary to impose a suspended sentence on persons, impose a sentence not related to imprisonment, or apply a deferment of serving the sentence, releases these persons from punishment. 10. Reduce the unserved part of the sentence:

1) persons specified in subparagraphs 1 - 10 of paragraph 1 of this Resolution, sentenced to imprisonment for a term of over five years for intentional crimes - by one third, sentenced to imprisonment for a term of over ten years for intentional crimes - by one quarter ;

2) those sentenced to imprisonment for a term of over five years for crimes committed through negligence - by one third.

11. Release convicts falling under paragraphs 1 – 4 of this Resolution from additional types of punishments that were not executed on the day this Resolution came into force, with the exception of the additional punishment of deprivation of the right to drive a vehicle. 12. Clear the criminal record of persons released from punishment on the basis of paragraphs 1 - 4 and 7 - 9 of this Resolution. 13. Do not extend the effect of this Resolution:

1) on convicted persons who have committed crimes provided for in Articles 64, 65, 66 and 67, parts one and two of Article 67.2, Articles 69, 70.1, 71, 72, 74, 77, 77.1, 772, 78, 79, 86, 87, 102, 103, 108, 117, 121, 125.1, 125.2 and 126.1, part three of Article 144, parts two and three of Article 145, Article 146, parts two and three of Article 147, Article 147.2, parts three, four and five of Article 148, parts three and four of article 148.1, article 173, part two of article 176, article 176.2, part two of article 180, articles 188, 191.2 and 191.5, part three of article 206, articles 213.2 and 213.3, part one of article 218, article 218.1, parts one and the second of Article 224, Article 224.1, the second part of Article 224.2, the second part of Article 225, the second part of Article 225.1, Article 226.1, paragraphs “b” and “c” of Article 240, Article 242, paragraph “c” of Article 244, paragraphs “b” ” and “c” of Article 260 of the Criminal Code of the RSFSR;

2) for convicted persons who have committed crimes provided for in Articles 105 and 111, part two of Article 117, part three of Article 122, Article 126, part three of Article 127, articles 127.1 and 127.2, part two of Article 128, articles 131, 132, 133, 134 and 135, parts two, three and four of Article 150, part three of Article 151, parts three and four of Article 158, parts three and four of Article 159, parts three and four of Article 159.1, part four of Article 159.2, parts three and four of Article 159.3, parts three and four of article 159.5, parts three and four of article 159.6, parts three and four of article 160, parts two and three of article 161, article 162, parts two and three of article 163, article 164, parts three and four of article 166, articles 169 , 170, 1701, 171, 171.1, part two of Article 172, articles 173.1, 173.2, parts two, three and four of Article 174, parts three and four of Article 174.1, part three of Article 175, articles 176, 177, part three of Article 178, part two of article 179, articles 180, 181, part four of article 183, articles 184,185,185.1, 185.2,185.3, 185.4, 185.5, 185.6, 186, 187, part three of article 189, article 190, part two of article 191, articles 192, 19 3, 1931,194, 195, 196, 197, 198, part two of Article 199, articles 199.1, 199.2, 200.1, part two of Article 200.4, parts three and five of Article 200.5, part two of Article 201, articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 207, 208, 209, 210 and 211, parts one, two and four of Article 212, parts two and three of Article 213, part two of Article 214, parts four and five of Article 215.3 parts two and three of Article 221, parts two and three of Article 222, parts two and three of Article 222.1, parts one, two and three of Article 223, articles 223.1, 226 and 226.1, parts two and three of Article 227, parts two and three of Article 228, Article 228.1, part two of the article 228.4, articles 229 and 229.1, parts two and three of article 230, part two of article 231, article 232, part three of article 234, part three of article 234.1, parts two and three of article 238.1, parts two and three of article 240, article 240.1, parts the second and third parts of Article 241, parts two and three of Article 242, articles 242.1, 242.2, part two of Article 244, parts four, five and six of Article 264, articles 275, 276, 277, 278, 279, 281, 282, 282.1, 282.2 , part two of Article 282.3, part three of Article 285, parts two and three of Article 286, articles 290, 291, 291.1, 295, 296, 299 and 300, part three of Article 301, part two of Article 305, part three of Article 306, part four article 309, article 313, part three of article 314, articles 317, 318 and 321, part two of article 322.1, article 329, part two of article 333, parts two and three of article 335, articles 353, 354, 354.1, 355, 356, 357 , 358, 359 and 360 of the Criminal Code of the Russian Federation;

3) on convicts recognized in accordance with the Criminal Code of the RSFSR as especially dangerous recidivists or who have committed crimes with a particularly dangerous recidivism in accordance with the Criminal Code of the Russian Federation;

4) on convicts who have again committed intentional crimes in places of deprivation of liberty;

5) for persons who were released from punishment after 2005 by way of pardon or in accordance with amnesty acts and who again committed intentional crimes;

6) on convicts who are malicious violators of the established procedure for serving their sentence.

14. This Resolution comes into force on the date of its official publication and is subject to execution within six months.

Chairman of the State Duma

Federal Assembly

Russian Federation

EXPLANATORY NOTE

to the draft resolutions of the State Duma “On declaring an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War of 1941–1945” and “On the procedure for applying the resolution of the State Duma of the Federal Assembly of the Russian Federation “On declaring an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War” Patriotic War of 1941 - 1945"

In accordance with Article 103 of the Constitution of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation is vested with the right to declare an amnesty. The draft resolutions propose an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War of 1941–1945. This proposal is based on the historical traditions of Russian statehood and aims to strengthen the authority of state power.

Amnesty acts are an expression of humanism and mercy on the part of the state towards persons who have committed criminal acts. It should be taken into account that when amnesty acts are often adopted in a country, especially providing for the exemption from criminal liability of a wide category of citizens, this devalues its political and legal significance and creates in the public consciousness, especially among unstable and potential offenders, a feeling of universality. permissibility and impunity for the deeds. In this regard, the draft resolutions proposed for consideration by the State Duma provide for the application of the amnesty act to a fairly limited circle of persons, based on the social and age criterion.

It is proposed to extend the amnesty act to the following categories of citizens sentenced to imprisonment for the first time for intentional crimes of minor and medium gravity: - persons who took part in hostilities to defend the Fatherland, and persons equated to them; - persons who performed military or official duty in Afghanistan or other states where hostilities took place; -military personnel, employees of internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as other organizations participating in the performance of tasks in conditions of armed conflict in the Chechen Republic and during counter-terrorism operations in the North Caucasus region; - persons awarded state awards of the USSR and (or) the Russian Federation; -minors; - persons who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, as well as persons exposed to radiation as a result of this disaster or as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River; -women with minor children and (or) disabled children, pregnant women, with the exception of those who have committed a crime against minors; - single men with minor children and (or) disabled children, with the exception of those who have committed crimes against minors - women over 50 years of age; -men over 55 years old. - disabled people of group I or II, as well as patients with an active form of tuberculosis, assigned in accordance with the established procedure to group I or II of dispensary registration, and patients with oncological diseases of clinical group III or IV - sentenced to imprisonment for a term of up to five years inclusive for intentional crimes, committed under the age of 18 years, who have not previously served imprisonment - sentenced to imprisonment for a term of up to five years inclusive, who have committed crimes due to negligence; – conditionally convicted persons, convicted persons for whom, before the date of entry into force of this Resolution, the unserved part of the sentence was replaced by a more lenient type of punishment or the serving of the sentence was postponed, as well as those sentenced to a punishment not related to imprisonment; -convicts whose unserved part of their sentence as of the end of execution of this Resolution is less than one year. The amnesty proposes to reduce the unserved part of the sentence for the specified categories of persons: - those sentenced to imprisonment for a term of over five years for intentional crimes - by one third; - those sentenced to imprisonment for a term of more than ten years for intentional crimes - by one quarter.

Amnesty offers, at the discretion of the court, the appointment of a more lenient punishment in criminal cases of intentional crimes, subject to a number of requirements (committed for the first time, not previously served, etc.). The application of amnesty is excluded in relation to persons convicted of premeditated murders, robberies, robberies, terrorism, extremism, hostage-taking, banditry and other grave and especially grave crimes, as well as in relation to persons who are malicious violators of the regime of serving a sentence, convicted of crimes in case of a particularly dangerous recidivism, those released since 1993 under an amnesty or pardon and those who have committed crimes again, or persons who have committed crimes in places of deprivation of liberty. The draft resolution “On the procedure for applying the State Duma resolution “On declaring an amnesty in connection with the 75th anniversary of Victory in the Great Patriotic War of 1941–1945” regulates in detail the procedure for the release of relevant categories of persons from places of imprisonment, as well as the procedure for terminating criminal cases in relation to these persons It is proposed to implement the amnesty within 6 months.

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The essence of amnesty

According to the rules, the amnesty applies to both persons who have been subject to criminal prosecution and those convicted. Therefore, this act exempts from criminal liability and punishment or reduces it, and also replaces it with a more lenient one.

In the Russian Federation, the legal application of amnesties is regulated by the Constitution of the Russian Federation, which assigns to the State Duma of the Russian Federation the right to announce an amnesty (clause “g”, Part 1, Article 103 of the Constitution of the Russian Federation), as well as the Criminal Code of the Russian Federation, which reveals the content of this act (Article 84 of the Criminal Code RF).

Is Putin for amnesty or not?

In 2021, President of the Russian Federation Vladimir Putin initiated the May amnesty, which included the following categories of citizens: pensioners, pregnant women, disabled people, minors, military personnel, police officers, victims of the Chernobyl disaster.

At the same time, to be included in the list of persons subject to amnesty, certain conditions must be met, namely, the period of restriction of freedom should not exceed 5 years, moreover, this should be the first imprisonment for a citizen. In addition, citizens who participated in organizing riots and attacks on police will not be able to count on amnesty.

This resolution was unanimously adopted by the State Duma of the Russian Federation, although the consideration of this document took 2 plenary meetings. According to rough estimates, such an amnesty will allow the release of 3-3.5 thousand people from places of detention.

Amnesty announcement

It is important to understand that the concept in question is not about doubting criminal acts or the legality of the validity of preliminary investigation acts issued by a court decision. Also, release is not considered to be rehabilitation of the person. The released person continues to belong to those who were justly convicted and guilty of committing a particular crime. The act of amnesty is only a manifestation of mercy and humanism on the part of the state.

According to Article 84 of the Criminal Code of the Russian Federation, the act is announced in relation to the circle of persons to whom the article applies, and not individually. Typically, such an act contains a description of categories of people according to a certain criterion. The list of persons may be shortened if there are categories that are not subject to amnesty, for example, those convicted of serious and especially serious crimes, persistent violators of the order of serving a sentence, repeat offenders, etc.

Will an amnesty be announced in 2021?

It was assumed that the government would issue a corresponding decree in 2020. The amnesty was planned to coincide with the 75th anniversary of the Victory. But the coronavirus pandemic prevented the project from being implemented. The epidemiological situation in prisons became one of the reasons for the repeated proposal for an amnesty. But the FSIN initiative was not supported by the government.

In 2021, State Duma deputies several times proposed carrying out an act of humanism. The last time such an initiative was taken was in the spring by Ombudsman Tatyana Moskalkova. An amnesty is unlikely to take place in December 2021, sources say. There is simply no time left to adopt the corresponding decree. The pandemic that disrupted 2020 also continues.

Application cases

The applicability of the amnesty extends to the following situations:

persons who have committed crimes are exempt from criminal liability;
convicted persons are released from punishment or from further serving their sentence;
the imposed punishment is reduced;
the assigned punishment is replaced with a more lenient one;
persons are exempt from additional punishment;
the criminal record is expunged.

Sometimes such an act involves the use of all of the above measures or only part of them. Moreover, it may provide for the exemption of certain categories of persons from administrative liability. It is implemented through law enforcement and criminal enforcement agencies.

general information

There can be many reasons for the state to show mercy and loyalty towards its citizens, and if for those who are not limited by the barbed wire perimeter, the celebration of the next national anniversary is accompanied by public festivities and days off, then for the prisoner, the best gift is freedom. Such arguments more than once became the reason for declaring an amnesty timed to coincide with the accession to the throne of a new ruler in Tsarist Rus' or victory in another war, both in the Middle Ages and in the modern world.

The modern penitentiary system periodically experiences difficulties with overcrowding in places where punishment is carried out, which is becoming customary to solve by declaring an amnesty to the inhabitants of colonies united by a certain social status and the severity of the offense committed. The forgiveness announced by the state is impersonal and covers convicts united by a number of characteristic characteristics, whom legislators tend to consider posing a lesser threat to society than everyone else.

So, let's find out what amnesty for criminal cases is in the laws of Russia.

Lawyers talk in detail about the concept of amnesty in the video below:

Concept and legal nature

An act of amnesty is considered a document issued by the State Duma along with comments to it and containing a decision on the application of measures to get rid of criminal punishment or mitigate it in relation to a numerically unlimited contingent of defendants and alienated persons corresponding to a specific disposition. In other words, the act of amnesty does not reflect specific individuals, but rather a list of characteristics that a subject held incommunicado or subject to trial must possess in order to qualify for the measures set forth in this document.

The legal nature of such a document is complex, combining a civil legal basis, as it is issued by the main legislative body, and a criminal procedural basis, extending its effect to those convicted under the Criminal Code of the Russian Federation and amnestied under it. However, with strict adherence to the formal approach, the amnesty act does not relate to the document flow of criminal law and, as a result, can be subsequently adjusted, even to the detriment of the subjects subject to forgiveness.

The text of the amnesty act contains instructions to the justice authorities, declaring the adoption of decisions in relation to an unlimited number of convicts or accused, who are subject to single and complex application of the following manifestations of oblivion on the part of the state:

Exemption from prosecution for a committed misdemeanor, available until a verdict is passed and only with the consent of the convicted person. Amnesty is not the same as rehabilitation and consent to its use must be balanced, since it implies the presence of a criminal record, in contrast to an acquittal by a judicial authority in this case.
For those serving a real sentence in isolation from society, it can be replaced with a more loyal form of retribution, reduced in duration or canceled, or the alternative may be getting rid of additional punishment, since their joint repayment is not provided for by the Criminal Code of the Russian Federation.
Those who have already received retribution for their offense and served the sentence prescribed by the sentence may have their criminal record expunged, which imposes certain restrictions on the future fate of the person.
Those brought to administrative responsibility, but who have not yet fulfilled the legal requirements of supervisory or fiscal authorities, are relieved of the need to fulfill them.

The legal regulation of amnesty in criminal law and its features are discussed below.

Features and Signs

The specifics of a particular act of amnesty are determined by the basis for its issuance, which may be motivated by one of the following purposes:

easing the fate of those convicted, the severity of the consequences of their actions is small;
ideological reconciliation of communities in conflict with the state;
resolution of interethnic conflict or its consequences;
achieving improved attitudes of citizens towards government authorities;
reducing the costs of maintaining institutions of the penitentiary system;
solving the problem of overcrowded isolation places and unhealthy climate of colonies.

Depending on the purpose pursued by a certain act of amnesty, the boundaries of the circle of forgiven subjects and the nature of the filter that sifts out those whose crimes are subject to oblivion are determined from others.

Pardon

A pardon is a decision by the supreme authority (head of state) to fully or partially release a convicted person from an assigned or, possibly, subsequently imposed punishment, and to replace the court decision with a more lenient sentence. The pardon process is always individual. This means that the decision is made in relation to a specific person or several specific individuals.

The basic law of the state states that every convicted person has the right to ask for a pardon or commutation of punishment. To do this, it is necessary to apply to the head of state through the administration of the correctional institution or through the bodies of the executive system.

As mentioned earlier in the context of the concept of granting pardon, it is within the competence of the head of state to carry it out (in other words, to spare a person who has been convicted of a crime), as written in the Criminal Code and the Constitution. Approval from the state can significantly improve a citizen’s situation by mitigating the imposed punishment. To do this, either the convicted person himself, or his defense lawyer, relatives, the administration of the institution where the person is serving his sentence, or the executive inspectorate submits a petition, provided that the convicted person has been released but has an unexpunged criminal record.

Who is eligible for amnesty?

As already mentioned, amnesty does not have an individual character. Amnesty is given to groups of people who are united on any basis. These may be persons involved in one criminal case, convicted under certain specific articles, or prisoners belonging to a special contingent, etc. For example:

those who committed a crime through negligence;
minors;
pregnant women or having children under 3 years of age;
veterans;
elderly prisoners - men over 60 years old, women over 55 years old;
military personnel and others.

The number of amnestied citizens can range from tens to hundreds of thousands of people. Under the amnesty, a criminal case that is under investigation or completed but not brought to court can be terminated. If proceedings on the merits have already begun, they continue until a verdict is rendered. The convict is then released under an amnesty.

Amnesty does not mean rehabilitation or cessation of a criminal case. Therefore, to close a criminal case on this basis, the consent of the accused is required.

This is due to the fact that the procedure is not a statement of innocence. Those released on this basis remain subject to criminal liability. The right of compensation does not apply to them; they should not be forcibly reinstated at work. The obligation to compensate the injured party also remains. If the suspect is against terminating the criminal case, closing it is prohibited. The court, finding the person who refused amnesty guilty, sentences him, but then releases the accused from punishment.

In what cases is it used?

The exercise of pardon (according to the Constitution of the Russian Federation) can be limited to certain categories of persons, namely:

A person convicted by the authorities of the Russian Federation and serving a sentence on the territory of Russia.
A person who has been sentenced to punishment by a court of a foreign state, but is serving his sentence on the territory of Russia (if such a rule is specified in an international treaty).
Categories of persons who have served their sentence and have an unexpunged conviction for a crime.

The petition for pardon is made to the President. After this, a positive decision can be made in relation to a specific person or a negative one if the convicted person does not meet the conditions that are necessary to mitigate or completely release him from punishment.

General information

Amnesty can be considered as a manifestation of humanism on the part of the state towards citizens who have committed a crime. Its essence lies in the release of such persons from punishment. Amnesty should be distinguished from pardon. A pardon is targeted and is aimed at a specific prisoner, while an amnesty is aimed at a whole group of people.

The amnesty applies to persons who have committed crimes of minor and medium gravity. For serious crimes, criminals are not eligible for amnesty. It also usually applies to criminals who have been convicted of corruption. Typically, the category of citizens who can count on amnesty includes women, disabled people and other persons.

In addition to demonstrating an act of humanism, the amnesty has another goal - to relieve congestion in places of detention.

Usually amnesties are timed to coincide with some important events, in particular, Victory anniversaries . They are held once every 5 years. The last amnesty was timed to coincide with the 70th anniversary of Victory in the Second World War and was held in 2015. As a result of the last amnesty, 232 thousand people were granted amnesty, 34 thousand of them were released from the colony. After this, no official amnesties were held.

What should you keep in mind when filing your application?

During the process, it is important to consider the following criteria:

the degree of the crime, its severity and nature;
the behavior of the convicted person while serving his sentence, namely: whether he worked well, whether he participated in the creative activities of the correctional institution, or whether he committed any illegal actions;
the time the prisoner spent in a correctional colony (this is important, since the pardon process does not apply to people who have not served half of their sentence);
whether any atrocities were committed while serving the sentence (applies only to a suspended sentence);
whether there was an early release, whether an act of amnesty or pardon was previously applied to this convict;
compensation for damage caused by crime;
all personal data of the convicted person are taken into account, such as age, number of convictions, presence of a family, children, and so on.

All of this information is collected so that the president can make a correct, informed decision regarding the person who is petitioning. Consideration of such issues is subject only to the head of state.

Should we expect a criminal amnesty in 2022 in Russia?

There is already active debate about whether a criminal amnesty will be held in 2022. Of course, if this happens in 2021, then you shouldn’t expect a repeat of the initiative in 2022. However, now an increasing number of people are inclined to believe that such a decision should not be expected in 2021, since the announcement of a future amnesty is carried out long before its adoption.

2021 is almost over, but there are no concrete decisions in this direction. In addition, the current epidemiological situation is not conducive to such significant population movements.

Another problem may be the fact that at the moment there are no significant dates in honor of which an amnesty could be held.

The media do not rule out the possibility of mass releases next year. They may be timed to coincide with the 105th anniversary of the October Revolution.

The State Duma has not yet announced plans to hold another amnesty. In the coming years there will also be round dates for her. Thus, in 2023, Russia celebrates the 30th anniversary of the Constitution.

In law

To ask for a mitigation of punishment or to apply for a pardon, according to the Constitution of the Russian Federation, Art. 50, every person has the right.

According to Article 50 of the Constitution of the Russian Federation, every person who has been convicted has the right to apply for a pardon or ask for a change in punishment to a more lenient one. This norm confirms that the rights and freedoms of citizens in a rule-of-law state are the highest value. But not every prisoner can count on this if he does not meet the necessary criteria.

What or who grants pardon?

All actions take place on the basis of Article 89 of the Constitution of the Russian Federation and the provisions of the Criminal Code. An act of mercy on the part of the state can change the situation of a convicted person for the better: mitigate the punishment, reduce his term or remove his criminal record. Therefore, the prescribed norms determine according to what criteria and to what person such an action can be applied.

As mentioned earlier, issuing pardons falls within the powers of the President. According to the Constitution of the Russian Federation, he does not have the right to delegate these powers to other officials. However, this does not exclude the participation of other government bodies in the process.

Amnesty for the 75th anniversary of the Victory

The Presidium of the Human Rights Council made the decision to initiate an amnesty on the occasion of the 75th anniversary of Victory in the Great Patriotic War back in April of this year. Preparations were entrusted to two permanent commissions of the Council. As a result, there are currently two alternative options for this amnesty.

“Now we are starting to discuss them in order to choose the most optimal option from all points of view, finalize it and transfer it to the president,” said the head of the Council, Mikhail Fedotov, in an interview with RIA Novosti.

Declaring an amnesty is the prerogative of the State Duma of the Federal Assembly of the Russian Federation, but in recent years there has been a practice according to which it is the President of the Russian Federation who takes the initiative to declare an amnesty, on the basis of proposals prepared by the Human Rights Council.

Chairman of the State Duma Committee on State Building and Legislation Pavel Krasheninnikov, in a conversation with RG, said that the committee is ready to consider the amnesty proposal if it is sufficiently developed. “Of course, an amnesty in itself is always good, but it must be carefully worked out,” said Pavel Krasheninnikov. “We are ready to join this work if balanced, thoughtful proposals are received.”

“It is premature to talk about who the amnesty may apply to, because we have not even decided yet which of the two alternative options we will finalize. One thing I can say for sure: we will not, unlike in previous years, propose to supplement the general criminal amnesty with an administrative amnesty,” Mikhail Fedotov clarified.

In other words, both existing amnesty projects do not imply its extension to administrative cases, which is primarily due to the expected reform of the administrative code.

Application process

To grant a pardon, it is necessary to send a petition to the president of the country. To do this, the perpetrator himself submits a petition. This can be done by his lawyer either through the administration of the colony or through the executive inspection. Upon receipt of this application, the authorities send it to the Ministry of Justice (no later than twenty days after receipt). Over the next seven days, the petition and other necessary documents that establish the identity of the convicted person are transferred to the commission, which deals with issues of pardon. After this, all documents on the perpetrator with the conclusion issued are sent to the governor of the subject (period - no more than thirty days). The last stage is the transfer of all documents to the head of state with the presentation of the possibility of pardoning the guilty person within a period of no more than fifteen days. This is exactly what the process of filing a petition looks like in the Russian Federation.

How to get an amnesty

The announcement of an amnesty by the State Duma does not mean that all prisoners eligible for it will automatically be released. After the adoption of a normative act, the convicted person or person under investigation must submit a petition. This is usually done by a lawyer. Completion period: up to six months. Despite the instructions that the act must be executed immediately, it happens that the amnestied person will have to spend all six months in a correctional institution. Therefore, it is necessary to carefully study the resolution on the procedure for applying the procedure.

What can be done if amnesty is delayed:

immediately after the act comes into force, write an application for release to the head of the correctional facility and to the court;
10 days after the response (or lack thereof), a complaint is written to the prosecutor’s office about inaction;
if the management of the correctional institution remains silent, you can write a complaint to the Prosecutor General’s Office;

Also, relatives should not remain idle and, on their part, take actions to facilitate a speedy release.

In case of refusal

The powers of the head of state include not only approving pardons in the Russian Federation, but also refusing them. Who notifies the culprit that his application has been denied? If the petition is rejected by the president of the country, the governor sends a written response to the convicted person. After receiving a response, there is a moratorium on filing another petition. The moratorium period is one year. After this period has expired, the prisoner has the right to try again and reapply.

As for prisoners serving a life sentence, the same application procedure is followed. Only the head of state can make a decision. However, there is some difference. In case of a life sentence, a petition can be submitted only after serving 25 years in prison.

The procedure for making a decision on criminal amnesty

To adopt a criminal amnesty, a corresponding resolution of the State Duma of the Russian Federation must be formed, which is subsequently considered and adopted by it, after which it must be signed by the president of the state.

Currently, 5 draft resolutions have been submitted to the State Duma for consideration, each of which is dedicated to a specific holiday or anniversary, namely:

100th anniversary of the Great October Socialist Revolution of 1917;
25th anniversary of the adoption of the Constitution of the Russian Federation;
30 years since the withdrawal of Soviet troops from Afghanistan.
Celebrating National Unity Day.
Anniversary of the accession of the Autonomous Republic of Crimea to the Russian Federation.

The likelihood of an amnesty in 2021-2022 increases due to the fact that the last time it was held was in 2015, which means 6 years have already passed. On average, a decision on amnesty is made once every 5 years.

If the State Duma does not have time to consider these resolutions in 2021, then we can talk about significant chances of amnesty in 2022. Moreover, this decision is actively supported by the Russian Chamber of Commerce and Industry, the Agency for Strategic Initiatives, as well as many other business associations.

However, the decision on criminal amnesty in 2021 may be delayed due to the release of participants in rallies, demonstrations and pickets, which has already been put forward by the President of the Russian Federation.

The most active supporter of a criminal amnesty in 2021 is the LDPR party. This was first stated by Vladimir Zhirinovsky’s press secretary Alexander Dupin. After which the same statement was personally confirmed by the head of the party. However, their statements did not contain any specific date or clauses according to which the amnesty would be carried out. Of all the known details, only the following points can be highlighted:

The solemn event for the amnesty is the 30th anniversary of the State Emergency Committee;
It will only affect persons who were involved in committing minor crimes, that is, those who did not pose a serious danger to society. Such crimes can be considered those that did not have malicious intent or serious consequences and problems for society.

According to this initiative, it is planned not only to mitigate criminal penalties for citizens in places of deprivation, but also to completely exempt them from punishment. Some citizens will be offered partial exemption from punishment or its mitigation.

Such an initiative is fully consistent with the idea put forward by the President of the Russian Federation, Vladimir Putin, who proposed reforming the judicial system so that the consequences of a criminal record “do not hang on a person like an anchor throughout his entire life.”

He emphasized that minor offenses can be committed by each person by accident, therefore one should not drive people into overly strict limits, which will burden his entire future life.

Moreover, the President noted that overly harsh punishments for minor violations may, on the contrary, contribute to the criminalization of the population, since harmless citizens will constantly be with seasoned criminals and adopt their behavior, after which they will fall into a constant circle of “release - violation - imprisonment.”

Putin believes that it is necessary to review the project in order to make certain adjustments and improvements to it. Specifically, it is necessary to reconsider the way the process is implemented, as well as more accurately take into account the rights of convicted and injured citizens.

Amnesty and pardon: differences

The announcement of amnesty and the implementation of pardon are two similar protocols under the Constitution of the Russian Federation. Both of these acts give convicts the opportunity to improve their lot by mitigating their punishment or completely abolishing it. However, these concepts are different from each other. Amnesty is an act of mercy that extends to an entire category of convicted persons subject to criminal prosecution. The amnesty is formalized by the State Duma in the form of a resolution. In addition, its implementation requires significant preparation of executive authorities (local justice), since this is often a fairly large-scale undertaking.

Granting pardons falls within the powers of the president. This is an action aimed at a specific person who has filed a petition with higher authorities.

How it all happens: procedure order

Issues regarding the application or non-application of an amnesty to a specific person are resolved by the bodies listed in the amnesty act or in the Resolution on its application.

The legal basis for exemption from criminal punishment, mitigation of punishment and the application of other measures is an official document issued by such a body.

The final decision is made based on the results of an assessment of the personality of the amnestied person and on the basis of the general criteria listed in the amnesty act.

Based on the provisions of Art. 27 of the Criminal Procedure Code, exemption from criminal liability under an amnesty is formalized in the form of:

Resolutions to refuse to initiate a criminal case at the stage of its initiation.
Decrees to terminate a criminal case - if the investigation is completed.
The judge's order to dismiss the case – if the case has been sent to court.

If a person is eligible for amnesty, the decision is made automatically without any applications or petitions . Authorized authorities are responsible for this. The decision to apply an amnesty act applies to each person individually. Responsibility for making the final verdict rests with the following authorities:

Correctional institutions and pre-trial detention centers - in relation to persons who have been sentenced to imprisonment. The decision is accompanied by the personal file of the convicted person, a certificate of rewards and penalties, and other information.
Bodies of inquiry and preliminary investigation - if the cases are under the jurisdiction of these bodies.
Courts - if the court decision has not entered into force or in relation to conditionally convicted persons.
Bailiffs - if the penalty is a fine.
OVD - for persons not in custody, the sentences in whose cases have entered into legal force.
Military unit command – in relation to military personnel sentenced to restrictions on military service.

The specified authorized authorities have the right to request additional information regarding the person, and such requests are subject to immediate execution.

Thus, the final decision on holding an amnesty in 2020 has not yet been made: it is still at the draft stage. It is expected that the draft law will be adopted in the first half of 2021 and will be timed to coincide with the 75th anniversary of Victory in the Great Patriotic War. The amnesty is supposed to be extended to persons convicted of minor crimes, for crimes of negligence, belonging to socially vulnerable categories of citizens or having services to the state. The amnesty will only apply to criminal offenses.

How to properly submit an application for release under an amnesty

Despite the fact that there is still no information about the mitigation of the fate of prisoners planned for the near future, and there are no reasons for declaring an amnesty yet, a corresponding project can be submitted to the State Duma at any time.

If an amnesty is announced, this procedure will be applied to the citizen as follows:

A special commission reviews the prisoner’s case and determines whether he falls under the issued act.
The court will decide on the application of the amnesty. The documents will be submitted by the institution in which the convicted person is serving his sentence.
At the end of the procedure, the head of the colony will issue an appropriate order.

himself does not need to write a statement : the process of his early release will be handled by the head of the colony. If necessary, you can contact a lawyer.

True, one must take into account that practice sometimes diverges from theory, and then prisoners and their relatives have to resort to the help of the media in order to achieve a fair decision. In accordance with the law, convicts must be released in the event of an amnesty within 6 months , but by this time some of them may already have completed their sentence. If this is your case, then take the following measures:

Send your petition to the head of the colony and the judicial authorities (you can contact them through a special unit). The text can be short: “I ask you to apply an act of amnesty to me and release me without unnecessary delay .”
In accordance with the law, you should receive a response within 3-10 days. But what to do if there is no reaction? If you ignore such a request, you can safely contact the prosecutor’s office and complain about inaction.

If a criminal amnesty is indeed declared in Russia (even though nothing is said about it in the latest news), then you should not count on the promptness of the prison authorities. The fact is that in the Russian Federation there is no unified criminal policy: the prosecutor’s office insists on tightening prison terms, judges diligently hand down sentences, and the budget allocated for the needs of prisons does not increase. For the same reason, actions to apply the amnesty may be delayed , and then people have to remain in prison much longer.