ST 57 of the Criminal Code of the Russian Federation.
1. Life imprisonment is established for the commission of especially serious crimes that encroach on life, as well as for the commission of especially serious crimes against public health and public morality, public safety, and the sexual integrity of minors under fourteen years of age.
2. Life imprisonment is not imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence.
Commentary to Art. 57 Criminal Code
Punishment is applied for crimes that encroach on life (part 2 of article 105, article 277, part 3 of article 281, article 295, 317 of the Criminal Code); against public safety (part 3 of article 205, part 4 of article 205.1, article 205.3, part 1 of article 205.4, part 1 of article 205.5, part 4 of article 206, part 4 of article 210 and Part 4 of Article 211 of the Criminal Code); against public health and public morality (part 5 of article 228.1, part 4 of article 229.1 of the Criminal Code); against the sexual integrity of minors under the age of fourteen (part 5 of article 131, part 5 of article 132, part 6 of article 134 of the Criminal Code); against the peace and security of mankind (Article 357, Parts 1 and 3 of Article 361 of the Criminal Code).
Second commentary to Art. 57 of the Criminal Code of the Russian Federation
1. Life imprisonment is established for the commission of especially serious crimes encroaching on life, as well as for the commission of especially serious crimes against public health and public morality, public safety, and sexual integrity. In reality, it is provided for in the articles of the Criminal Code on murder under aggravating circumstances (including special types), on crimes against sexual integrity and sexual freedom committed under especially aggravating circumstances, crimes of a terrorist nature, hostage-taking, organizing a criminal community, hijacking an air or water transport vessel or a railway vehicle. composition, some crimes related to drug trafficking, sabotage, an act of international terrorism.
2. The lifelong nature of this type of punishment is not absolute. The fact is that in Part 5 of Art. 79 of the Criminal Code contains a provision according to which a person serving a life sentence may be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least twenty-five years of imprisonment. Conditional early release from further serving of life imprisonment is applied only if the convicted person has not committed malicious violations of the established procedure for serving the sentence during the previous three years. A person who commits a new grave or especially grave crime while serving a life imprisonment is not subject to parole.
3. Life imprisonment cannot be imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence.
4. Convicts sentenced to life imprisonment, as well as convicts for whom the death penalty by way of pardon has been replaced by life imprisonment, serve their sentences in special regime correctional colonies for convicts serving life imprisonment (Article 126 of the Penal Code). Convicts are kept in cell-type premises, material and everyday benefits are sharply limited, and the number of other legal restrictions is growing (Article 127 of the Penal Code).
Art. 56.57 Code of Civil Procedure of the RUSSIAN FEDERATION. WHAT IS SHE SAYING ABOUT?
Code of Civil Procedure of the Russian Federation Article 56. Obligation of proof
1. Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.
2. The court determines what circumstances are important for the case, which party must prove them, and brings the circumstances up for discussion, even if the parties did not refer to any of them.
3. Each person participating in the case must disclose the evidence to which he refers as the basis for his claims and objections to other persons participating in the case, within the period established by the court, unless otherwise established by this Code.
(Part 3 introduced by Federal Law dated November 28, 2018 N 451-FZ)
Code of Civil Procedure of the Russian Federation Article 57. Presentation and request of evidence
1. Evidence is presented by persons participating in the case. Copies of documents submitted to the court by a person participating in the case are sent or handed over to other persons participating in the case if they do not have these documents, including in the case of filing a statement of claim and documents attached to it with the court by filling out the form posted on the official website of the relevant court on the Internet.
The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.
(Part 1 as amended by Federal Law dated November 28, 2018 N 451-FZ)
(see text in the previous edition)
2. A petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a binding request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.
(as amended by Federal Law No. 451-FZ of November 28, 2018)
(see text in the previous edition)
3. Officials or citizens who are unable to provide the requested evidence at all or within the period established by the court must notify the court about this within five days from the date of receipt of the request, indicating the reasons. In case of failure to notify the court, as well as in case of failure to comply with the court's requirement to present evidence for reasons recognized by the court as disrespectful, a court fine is imposed on the guilty officials or citizens who are not persons participating in the case in the manner and in the amount established by the chapter 8 of this Code.
(as amended by Federal Laws dated June 11, 2008 N 85-FZ, dated November 28, 2018 N 451-FZ)
(see text in the previous edition)
4. The imposition of a fine does not relieve the relevant officials and citizens who own the requested evidence from the obligation to present it to the court.
Did the answer help you? Yes No
Third commentary to Article 57 of the Criminal Code of the Russian Federation
1. Currently, life imprisonment can be imposed only for the most dangerous attacks classified as especially grave crimes (see commentary to Article 15 of the Criminal Code) encroaching on life (Part 2 of Article 105, Article 277, Part 3 Article 281, Article 295, 317 and 357 of the Criminal Code), as well as for committing especially serious crimes against public health and public morality (Part 4 of Article 229.1 of the Criminal Code), public safety (Part 3 of Article 205 , part 4 of article 206, part 4 of article 210 of the Criminal Code), sexual integrity of minors under fourteen years of age (part 5 of article 131, part 5 of article 132, part 6 of article 134 of the Criminal Code). Life imprisonment can also be applied when replacing the death penalty by way of pardon. The imposition of this type of punishment for preparation for a crime or attempted crime is excluded (part 3 of article 59, part 4 of article 66 of the Criminal Code). Life imprisonment is served in special regime correctional colonies located in places determined by the federal body of the penal system (Part 4 of Article 73 of the Penal Code of the Russian Federation), separately from other categories of convicts (Articles 126, 127 of the Penal Code of the Russian Federation).
2. Part 2 of the commented article contains an exhaustive list of convicts who are not assigned life imprisonment based on age and gender criteria.
As the Constitutional Court of the Russian Federation emphasized in Ruling No. 321-O dated October 14, 2004, the ban on imposing life imprisonment on those listed in Part 2 of Art. 57 of the Criminal Code for categories of persons is based on the need, arising from the principles of justice and humanism, to take into account in the criminal law the social, age and physiological characteristics of various categories of persons in order to ensure a more complete and effective solution to the problems facing criminal punishment in a democratic state governed by the rule of law; This legislative decision, which ensures differentiation of criminal liability, cannot be considered as incompatible with constitutional principles and norms and violating the rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation. ‹ Article 56. Imprisonment for a specified periodUp Article 58. Assignment of a type of correctional institution to those sentenced to imprisonment ›
Article 57. Life imprisonment
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 17, 2018 N 59-APU18-7 In this case, the court took into account the provisions of Part 1 of Art. Criminal Code of the Russian Federation. There are no circumstances in this criminal case that would prevent the convict from being sentenced to life imprisonment. The presence of ... is not a basis for mitigating the imposed punishment, which corresponds to the principles and purposes provided for in Art. Art. and the Criminal Code of the Russian Federation. While serving a life sentence, the convicted person is not deprived of the opportunity to receive the necessary treatment...
Determination of the Constitutional Court of the Russian Federation dated January 29, 2019 N 70-O
The provisions of part ten of Article 175 of the Penal Code of the Russian Federation, as formulated taking into account the nature of the crimes for which the commission is punishable by life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators who are assigned such a penalty cannot be regarded as an unacceptable restriction of the rights of persons serving life imprisonment (Decision of the Constitutional Court of the Russian Federation of December 20 2021 N 2798-O). At the same time, the contested norm, acting in conjunction with Article 7 of the Penal Code of the Russian Federation, stipulates that the grounds for the execution of sentences and the application of other measures of a criminal legal nature are a sentence or a court ruling changing it or a court decision that has entered into legal force, as well as an act of pardon or an act on amnesty, does not contain provisions limiting its application to convicts for whom the death penalty has been replaced by life imprisonment by way of pardon.
Determination of the Constitutional Court of the Russian Federation dated May 29, 2019 N 1237-O
At the same time, the obligation of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient form of punishment does not directly follow from the Constitution of the Russian Federation. Formulating the norms of the article of the Criminal Code of the Russian Federation, taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors, under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators to whom such a penalty is imposed, the federal legislator did not go beyond the limits of his powers (rulings of the Constitutional Court of the Russian Federation of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 29 March 2016 N 622-O, dated June 27, 2021 N 1406-O, etc.).
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 15, 2019 N 49-APU19-15SP
Addressing the jury with parting words, the presiding officer incorrectly explained the consequences of recognizing the convicted Kalin as deserving leniency in accordance with Art. of the Criminal Code of the Russian Federation, without distinguishing in this regard and without explaining the provisions provided for in Part 2 of Art. of the Criminal Code of the Russian Federation in relation to Ibragimova O.A. When rendering its verdict, the jury did not find the convicted deserving of leniency.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 25, 2018 N 44-APU18-13
According to Part 2 of Art. The Criminal Code of the Russian Federation does not impose life imprisonment on women. Taking into account the above, when assigning punishment to women under Part 2 of Art. 105 of the Criminal Code of the Russian Federation allows the application of the provisions of Part 1 of Art. Criminal Code of the Russian Federation.
Determination of the Constitutional Court of the Russian Federation dated January 26, 2017 N 76-O
THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,
Determination of the Constitutional Court of the Russian Federation dated June 27, 2017 N 1406-O
The duty of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient punishment does not directly follow from the Constitution of the Russian Federation. Formulating the norms of the article of the Criminal Code of the Russian Federation, taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors, under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators to whom such a penalty is imposed, the federal legislator did not go beyond the limits of his powers (rulings of the Constitutional Court of the Russian Federation of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 23 December 2014 N 2823-O and dated March 29, 2021 N 622-O).
Determination of the Constitutional Court of the Russian Federation dated July 18, 2017 N 1489-O
At the same time, as noted by the Constitutional Court of the Russian Federation, the obligation of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient form of punishment does not directly follow from the Constitution of the Russian Federation (definitions of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 23 December 2014 N 2823-O, dated March 29, 2021 N 622-O and dated May 26, 2021 N 1112-O). The norms of the article of the Criminal Code of the Russian Federation, formulated taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators who are assigned such a penalty cannot be regarded as an unacceptable restriction of the rights of persons serving life imprisonment (Decision of the Constitutional Court of the Russian Federation of December 20, 2021 N 2798-O).
Determination of the Constitutional Court of the Russian Federation dated July 18, 2017 N 1488-O
CONSTITUTIONAL RIGHTS BY ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,
Determination of the Constitutional Court of the Russian Federation dated September 28, 2017 N 2182-O
The provisions of the article of the Criminal Code of the Russian Federation, which in part two defines the circle of persons who, based on the principle of humanism, cannot under any circumstances be sentenced to life imprisonment, are subject to application in the case of imposition of punishment for the crimes specified in its part one, in conjunction with the general rules sentencing, according to which a person found guilty of committing a crime is given a fair punishment within the limits provided for by the relevant article of the Special Part of this Code, and taking into account the provisions of its General Part; a more severe type of punishment from among those provided for the crime committed is assigned only if a less severe type of punishment cannot ensure the achievement of the goals of the punishment; when assigning punishment, the nature and degree of social danger of the crime and the personality of the perpetrator are taken into account, including circumstances mitigating and aggravating the punishment, as well as the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family (parts one and three of Article 60). In addition, in accordance with the second part of Article 61 of this Code, when imposing a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating circumstances. Also, the assessment of the health status of the perpetrator by the court is also assumed by virtue of the article of the Criminal Code of the Russian Federation, which establishes cases of exemption from punishment due to illness.
Determination of the Constitutional Court of the Russian Federation dated December 19, 2017 N 2860-O
The duty of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient punishment does not directly follow from the Constitution of the Russian Federation. Formulating the norms of the article of the Criminal Code of the Russian Federation, taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors, under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators to whom such a penalty is imposed, the federal legislator did not go beyond the limits of his powers (rulings of the Constitutional Court of the Russian Federation of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 23 December 2014 N 2823-O, dated March 29, 2021 N 622-O and dated June 27, 2021 N 1406-O).
