Transfer of a convict from a general regime colony to a settlement colony

Under criminal law, punishments for persons who have committed an unlawful act may vary. Some of the criminals are kept in strict conditions, but for those guilty of committing criminal activities that did not entail serious consequences, such punishment is unnecessary.

It is for these cases that there are colony settlements in Russia, where violators whose crimes did not entail serious consequences are serving their sentences. Behavior correction takes place in such government institutions, so all people who, for whatever reason, cannot take the legal path of correction in the conditions of their usual existence are sent there.

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Article 75.1. Sending convicts to a penal colony settlement of the Russian Federation

Transfer from colony-settlement to general regime

A repeated violation of the established procedure for serving a sentence within one year may also be considered malicious if for each of these violations the convicted person was subject to punishment in the form of placement in a punishment cell or disciplinary cell.

Accordingly, if there is a second paragraph, the penalty will need to be appealed to the prosecutor.

A convicted person who has committed the violations specified in parts one and two of this article is recognized as a persistent violator of the established procedure for serving a sentence, subject to the imposition of a penalty provided for in paragraphs “c”, “d”, “e” and “e” of part one of Article 115 and paragraph “ b" Article 136 of this Code. In connection with the court's consideration of the issue of changing the type of correctional institution for me in the execution of the sentence, I ask that you provide me with the opportunity to participate in the court hearing in person and familiarize myself with the materials sent to the court.

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

Differences in taxation under special regimes

Special tax regimes differ significantly in terms of the tax bases to which the special tax rate applies. The base can be:

• A variable depending on the actual volume of income (or other object of taxation under a PSA) - for the Unified Agricultural Tax, the simplified tax system, the PSA. At the same time, for the simplified tax system there are 2 bases with different rates: “income minus expenses” with a basic rate of 15% and “income” with a basic rate of 6%.
• Constant (provided that the initial parameters on which its value is set remain unchanged) regardless of the volume of revenue - for PSN.

A set of indicators characterizing the main features of taxation under each of the special regimes is given in Table 2.

Read more about the most commonly used systems in this material.

Transfer from general regime to a settlement colony

Positively characterized convicts may be transferred to further serve their sentence: a) from prison to a correctional colony - after the convict has served in prison at least half of the term assigned by the court; b) from a special-regime correctional colony to a high-security correctional colony - after the convicts have served in the special-regime correctional colony at least half of the term assigned by the court; (clause “b introduced by Federal Law dated 03/09/2001 N 25-FZ)

In case of transfer of a convicted person for further serving of a sentence from one correctional institution to another, the administration of the correctional institution to which the convicted person was transferred immediately notifies the victim or his legal representative, if the personal file of the convicted person contains a copy of the ruling or court order to notify the victim or his legal representative representative (Part 2.4 introduced by Federal Law dated March 30, 2015 N 62-FZ)

Depending on the behavior and attitude to work during the entire period of serving a sentence, the type of correctional institution may be changed for those sentenced to imprisonment. (as amended by Federal Law No. 104-FZ dated May 5, 2014)2.1. Transfer from a special regime colony to a settlement colony? The term of serving the sentence determined for changing the type of correctional institution is calculated from the day the convicted person is taken into custody. (Part 2.1 introduced by Federal Law dated December 8, 2003 N 161-FZ) The husband applied for a change of regime from the general to the village. They refused because he was not on easy terms. He has now been transferred.

When can I re-apply for re-registration? Thank you On June 28, 2011, the Milkovsky District Court of the Kamchatka Territory decided, by the verdict of the Kamchatka Regional Court of March 1, 2006, to be considered convicted under paragraph “a of part 2 of Article 158 of the Criminal Code of the Russian Federation as amended by the Federal Law of the Russian Federation of March 7, 2011.” the final punishment in the form of imprisonment, imposed in accordance with Article 69 of the Criminal Code of the Russian Federation for the totality of crimes by partial addition of the punishment, was reduced to 6 (six) years 11 (eleven) months of imprisonment. The ruling of the Constitutional Court of the Russian Federation No. 000-0 dated January 1, 2001 established that the provisions of paragraphs 2 and 5 of part 1 of Article 399 of the Code of Criminal Procedure of the Russian Federation do not prevent a convicted person from applying to the court with a petition to change the type of correctional institution appointed by a court verdict, and imply the obligation of the court consider this petition on its merits.

Petition for transfer of a convicted person to a colony-settlement

Based on Art. 78 of the Penal Code of the Russian Federation and in accordance with paragraph 3 of Art. 396 and art. Clause 3 of Article 397 of the Code of Criminal Procedure of the Russian Federation, I ask you to consider the issue of my transfer from a general regime penal colony to a penal colony.

I served the necessary part of my sentence (1/4) in a general regime penal colony and was transferred to lighter conditions for serving my sentence. During the entire period of serving my sentence, I showed myself on the positive side, I have 3 awards from the administration of the penal colony. There are no reprimands or violations, I am not a member of the professional accounting department. According to the court verdict, I immediately admitted my guilt, I repent of my actions, and I am taking all measures to pay off the claim laid against me.

Petition for transfer of a convicted person to a penal colony from general regime

Based on Part 2 of Art. 120 of the Penal Code of the Russian Federation, I ask you to consider the issue of transferring me to a lighter regime for serving my sentence.3. A transfer from a strict regime to a penal colony can be carried out after the convict has served 1/3 of his sentence. (Article 78 of the Penal Code of the Russian Federation, paragraph “d”). The most interesting thing is that for those sentenced to a strict regime there is no requirement to be transferred to a light regime of serving their sentence.

However, for those convicted under strict regime, released on parole, and who committed a new crime during parole, transfer is possible only after serving 1/2 of the sentence, and for those convicted of especially serious crimes - 2/3.

Changing the type of correctional facility

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

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

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

What are special modes

Having registered with the Federal Tax Service as an LLC or individual entrepreneur, the taxpayer by default applies the general taxation system (OSNO).
This system has the highest tax burden and a large list of reporting. Small businesses with certain types of activities are allowed to apply special regimes that reduce the tax burden on small businesses and provide for less reporting. The possibility of establishing special regimes is provided for in clause 7 of Art. 12 of the Tax Code of the Russian Federation. It also defines the main approaches to the rules of their application:

• The transition to special tax regimes is based on the voluntary decision of the taxpayer.
• The fundamental points of each of them are regulated by the Tax Code of the Russian Federation.
• Each special regime may have its own taxes that are not provided for in the main list of federal taxes in force in the Russian Federation.
• In relation to each regime, the role of the subject of the Russian Federation in which the special regime is introduced is great. The subject can influence the conditions and limits of application of the regime, the specifics of determining the base and the amount of special tax rates, and establish an additional system of benefits. At the same time, those payments that are not associated with the special regime must continue to be paid according to the rules established by the Tax Code of the Russian Federation.

Transfer to a colony-settlement

• those sentenced to life imprisonment in case of replacement of this type of punishment by way of pardon with imprisonment for a certain period;

— Telephone conversations were first allowed in 1992. Now restrictions on the number of calls have been lifted - you can call as many as you like if you have the technical ability and funds, since the call is at the expense of the convicted person, but no more than 15 minutes. As an exception, a conversation with a close relative located in another correctional institution is allowed - with the permission of the administration (the head of the colony). See the rest yourself.

The penal system has its own security division (since 1995).

PEC Part 5, Art. 24 Filming and photography is allowed only with permission from the administration. This restriction is established mainly for journalists.

It is forbidden to film prisoners, only with their consent. - There is also such a form of contact with the outside world as receiving news - lectures, televisions, radios, watching videos, etc.14. Use sharpening equipment, tools, electricity, mechanisms and materials for purposes other than production needs without permission from the administration of the correctional institution;

How to help a convicted person transfer to a penal colony

Can a public defender participate in the consideration of a request to transfer a convicted person from a general regime colony to a settlement colony? And how can this translation be helped?

The defense attorney has the right to give the defendant brief consultations in the presence of the investigator, ask questions to the interrogated persons with the permission of the investigator, and make written comments regarding the correctness and completeness of the entries in the protocol of this investigative action. The investigator may dismiss the defense lawyer's questions, but is obliged to enter the dismissed questions into the protocol.

The law does not indicate the need to repeat certain investigative actions with the participation of a new defense lawyer, but the lawyer has the right to familiarize himself with the documents of the case drawn up with the participation of his client before the entry into the criminal case.

The father's hunting rifle and ammunition for it are used as material evidence in the criminal case. The court stated in its verdict that the gun must be destroyed. Can it be given to me, I also have a hunting license?

The law states that “positively characterized convicts can be transferred from general regime correctional colonies to a settlement colony - after convicts in light conditions of detention have served at least one quarter of their sentence.”

General features of special tax regimes

Existing types of special tax regimes, with a large number of fundamental differences among themselves, also have a number of common features. At the same time, they are divided into the following groups in relation to:

• Regarding the scale of activities of persons applying these regimes: Unified Agricultural Tax, Simplified Taxation System, PSN are intended for small enterprises, and PSA can only be used by full-fledged taxpayers.
• To the circle of taxpayers. Unified agricultural tax and simplified tax system are available to both organizations and individual entrepreneurs. PSA can only be used by organizations, and PSN can only be used by individual entrepreneurs.

ATTENTION! Officials plan to allow small businesses included in the SME register to use PSN. In addition, the bill considers the possibility of increasing the amount of income and the number of employees. For details, see this material.

ConsultantPlus experts spoke in more detail about the conditions for using PSN. If you do not have access to the K+ system, get a trial online access for free.

• Object of application. Unified agricultural tax, PSA and PSN are possible only for certain types of activities, and simplified taxation for the majority (with some exceptions).
• A set of taxes, instead of which a special tax is charged. With the Unified Agricultural Tax, the simplified tax system and the PSN, it replaces the income tax (for individual entrepreneurs - personal income tax), property (except for the tax calculated from the cadastral value) and VAT. For PSA there is no special tax as such, but a system of benefits for most existing taxes is applied, allowing for the complete abolition of some of them.
• Compatibility with each other and OSNO. The PSA is not compatible with any of the modes. OSNO, Unified Agricultural Tax and simplified taxation system cannot be combined with each other, but can be used together with PSN.

Read more about the possibility of combining modes in the article “What are the features of combining OSNO and simplified taxation system?”.

Transfer of a convict from a general regime colony to a settlement colony

• from strict regime correctional colonies to a settlement colony - after the convicts have served at least one third of their sentence; for those convicted who were previously released on parole from serving imprisonment and who committed new crimes during the remaining unserved part of the sentence - after serving at least half of the sentence, and for those convicted of committing especially serious crimes - after serving at least two-thirds of the sentence.

The provision of paragraph “c” of part two of Article 78 of the Penal Code of the Russian Federation does not exclude the possibility that the court, at the request of a convicted person held in connection with criminal liability in another case in a pre-trial detention center, may make a decision to change his type of correctional institution (Decision of the Constitutional Court of the Russian Federation dated 18.04. 2006 N 124-O).

Convicts who are persistent violators of the established procedure for serving a sentence may be transferred: (see the text in the previous edition in the full online version of IB VersionProf) On the application of paragraph “d” of part three of Article 78, see

Determination of the Constitutional Court of the Russian Federation dated 02/07/2003 N 106-O.

• persons convicted of crimes committed through negligence and who have not previously served imprisonment;

According to Art. 128 of the Penal Code of the Russian Federation, in colony settlements the following are serving a sentence of imprisonment:

An interesting feature of a colony-settlement is that convicted men and convicted women can be held in one colony. However, as a rule, the male and female parts of the colony are separated by a fence. It also happens that a real queue forms for admission to a colony-settlement, since the rate of filling the colony is less than the number of people who enter there. In this situation, the convict waits until his turn comes, and usually waits where he lived. c) persons convicted of crimes committed through negligence and who have previously served imprisonment;

Colony-settlement: who lives, for how long, conditions of detention

This type of correctional institution, which is part of the system of institutions of the Federal Penitentiary Service, is usually located in a wooded area and does not have any special fencing. Neglect to establish a protected perimeter of such a territory is compensated by the remoteness of this type of institution from populated areas. For reference! Correctional institutions are primarily engaged in felling and logging, as well as other socially useful work.

Types of institutions

Within the framework of criminal legislation, two types of colony-settlements are distinguished, which are intended for different types of criminals:

1. Guilty persons who have committed an unlawful act due to certain circumstances, through negligence, with intent, but the consequences caused are not higher than average severity.
2. Persons who were sentenced to serve a sentence in the form of stay in a strict or general regime colony, but by their exemplary behavior deserved a mitigation of the punishment applied to them.

Of course, the very organizational form of such institutions does not depend on the contingent of people contained in them, therefore this division is rather conditional in nature and in practice is used only to distinguish individuals with deep behavioral defects from less malicious criminals.

Who are colony settlements intended for?

Within the framework of criminal legislation, colony settlements can be assigned to those persons who have committed crimes that meet the following conditions:

1. An unintentional unlawful act, if the crime was committed due to a combination of circumstances or in protecting the interests of the guilty person.
2. The crime was committed intentionally, but during its execution, only damage not exceeding the average severity occurred.

In this case, the punishment to such persons should be nominal. It is believed that such persons can be returned to society as full-fledged citizens, but only after minor correction of their behavior. During these corrective measures, the person is explained that any issue can be resolved without resorting to committing crimes.

Transfer of convicts from one correctional institution to another

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

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

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

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

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

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

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

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

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

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

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

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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Types of institutions

Conditions for keeping

According to the law, persons who live on the territory of such correctional institutions do not receive any punishment as such.
As practice shows, deprivation of liberty in such colonies is rather nominal in nature, due to the lack of fences and security. The whole restriction for criminals boils down to the fact that convicted persons are constantly monitored to see whether he can socialize in society after serving his sentence, and whether he will not go beyond the limits regulated by law.

Specific modes of residence

A colony-settlement, as well as any other correctional institution, has certain frameworks that every convict must follow. Of course, unlike other colonies, there are no strict regimes here, but there are rules of conduct, for violation of which the offender can be transferred to general regime institutions with more severe conditions of detention.

1. Possibility of living in a hostel. For example, if a convicted person has a family, they can live together in the colony.
2. A person’s behavior should not contradict the rules of conduct established in the colony.
3. Residents of the colony can move freely throughout the territory of the colony. If desired, a person can even move to the nearest populated area, but only after receiving consent from management.
4. On the territory of a correctional institution, persons may wear civilian clothes that do not have any tags indicating that the person is considered a prisoner.
5. Consumption of alcohol and drugs on the territory of a correctional institution is prohibited.
6. Every person living on the territory of the colony must work, regardless of whether he has a means of subsistence. In his free time from work, the offender can study (if there are branches of educational institutions nearby).
7. While a person is on the territory of a colony-settlement, his passport is taken away and another document confirming his identity is issued in its place.
8. At any time the guilty person is on the territory of the correctional institution, a search may be carried out in his home at any time. If dangerous objects or illegal substances are found, the violator is held accountable.

Transferring from a general or strict regime colony

Criminal law provides for the possibility of transferring a person held in a maximum security or general regime colony to a correctional institution.
But at the same time, in the colony where the criminal was sent, he must serve at least 25 percent of the established term. Referral to a colony-settlement is possible only if all of the following conditions are met:

1. There are no complaints.
2. There are positive recommendations and reviews.
3. The prisoner is conscientious about his work and education.
4. A person takes part in social life.
5. There are no conflict situations with other prisoners.
6. The prisoner has a desire to change the conditions of his detention.

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