A special feature of serving in the penal system is how to enroll. Let's consider the main provisions of the new departmental document regulating the specifics of the placement of employees of the penal system at the disposal of an institution or body of the penal system - Order of the Federal Penitentiary Service of the Russian Federation dated 02/03/2020 No. 47 “On approval of the Procedure for the placement of employees of the penal system of the Russian Federation at the disposal of an institution or body of the penal system of the Russian Federation and the Procedure for placing employees of the penal system of the Russian Federation at the disposal of an institution or body of the penal system of the Russian Federation"[1] (hereinafter referred to as the Procedure for being placed at disposal, the Procedure for being at disposal).
Cases of enrollment in the order and period of stay in it.
Enrollment is carried out regardless of whether the employee is on vacation, a business trip, exemption from official duties due to temporary disability or absence from service for other reasons (clause 3 of the Procedure for enlistment).
According to paragraphs 10, 11 of Art. 36 of the Law on Service in the Penitentiary System[2], the enrollment of an employee at the disposal of an institution or body of the penal system (hereinafter referred to as placement at the disposal) is allowed in the following cases and for a certain period.
| Cases of enrollment | Time available |
| Abolition (liquidation) of an institution or body of the penal system or reduction of the position filled by an employee in the penal system | No more than two months during parental leave until the child reaches the age of three years and the period necessary for employment, but no more than two months after the end of the specified leave |
| Release of an employee from the position being filled in the penal system due to transfer to another position in the penal system | During the period necessary for the transfer of cases by position, but not more than one month |
| Carrying out the procedure for dismissing an employee from service in the penal system | No more than two months |
| End of suspension by an employee of service in the penal system | During the period of appointment to the position, but not more than three months |
| Referral of an employee in accordance with clause 2 of Art. 67 of the Law on service in the penal system* for medical examination | During the period necessary to undergo a medical examination, but not more than two months |
| Failure by an employee to perform for more than four months in a total of 12 months of official duties due to temporary disability (except for cases where the legislation of the Russian Federation provides for longer periods of time for an employee to undergo treatment, including in connection with injury or other damage to health (disease) received in the performance of official duties) | During the period of temporary disability, but not more than one year |
| Sending an employee on a business trip for a period of more than one year, including abroad, appointment to a position after the end of the business trip | During the period of appointment to the position, but not more than three months |
| Reinstatement of an employee who previously held this position | During the period of appointment to the position, but not more than three months |
| The end of the period of secondment of an employee in accordance with Art. 32 of the Law on service in the penal system** | During the period of appointment to the position, but not more than three months |
*If an employee has been released from duty due to temporary disability for a total of more than four months within 12 months, he may be sent for a medical examination to a military medical commission to decide on his suitability for further service in the criminal justice system. executive system or about continuing treatment. In this case, the employee may be placed at the disposal of an institution or body of the penal system.
**To perform tasks directly related to the activities of the penal system, an employee of the federal penal system, with his consent, may be seconded to another federal government body, another government body or organization while remaining on staff of the federal penal system.
The time an employee is on duty is counted in calendar terms into the length of service (length of service) in the penal system, length of service for the assignment of a special rank (Clause 15, Article 36 of the Law on Service in the Penal System).
But at the same time, periods of temporary incapacity for work and being on vacation are not counted towards the period of time an employee is at disposal (clause 17, article 36 of the Law on Service in the Penitentiary System, clause 2 of the Procedure for being at disposal).
Responsibilities of the penal system
Along with the functions of the penal system, responsibilities also need to be considered separately. Many people believe that penitentiary institutions function only to convict the criminal and control his detention in places of deprivation of liberty. In fact, the tasks of the penal system are much broader. The main responsibilities of the penal system include:
Assignment of a type of correctional institution to those sentenced to imprisonment under the Criminal Code of the Russian Federation, Article 58
- maintaining order in places of execution of punishments;
- development and determination of the most effective methods of correction of prisoners;
- protection of the legal rights of wards;
- assistance in socialization.
The modern penitentiary system and international law are constantly being reformed. The main point of the reforms is to create more humane conditions for keeping criminals in custody.
The key principles of work of penal system employees are based on:
- legality. The relationship between penal system employees and wards is determined exclusively by law;
- humanism. Violent actions against wards and humiliation of their dignity are not allowed;
- equality. All people are equal before the law;
- individualization of applied corrective measures. In simple words, correctional system employees must study in detail the individual character traits of the ward and try to correct him based on the results obtained.
The sectoral principle also matters. This means that punishment always goes hand in hand with correction. There are a lot of different activities for educational work with a convicted person - from occupational therapy to vocational training.
Where are the allowances credited and how are they paid?
According to clause 2 of the Procedure for placement at the disposal, clause 2 of the Procedure for being at the disposal, employees may be at the disposal of:
- FSIN;
- institutions directly subordinate to the FSIN;
- territorial bodies of the Federal Penitentiary Service;
- institutions subordinate to the territorial bodies of the Federal Penitentiary Service.
The employee's monetary allowance during the period of his employment is paid in the manner prescribed by the legislation of the Russian Federation (Clause 16, Article 36 of the Law on Service in the Penitentiary System).
In particular, paragraph 23 of Art. 2 of Law No. 283-FZ[3], clause 58 of Procedure No. 269[4] establishes that employees at disposal are paid a monetary allowance calculated on the basis of:
- the size of the official salary for the last position filled;
- salary for a special rank;
- monthly bonus for length of service (length of service);
- regional coefficients and percentage bonuses for service in the Far North.
To the employee at disposal:
1) the person performing the duties of the last position filled, according to the order of the relevant head of the institution or body of the penal system, is paid the salary in full;
2) who does not perform duties in the last position filled, by decision of the relevant head of the institution or body of the penal system, taking into account the actual volume of official duties performed by him, additional payments may also be made.
An employee assigned to duty during a period of temporary incapacity for work, while on regular and (or) additional leave, remains paid a monetary allowance in the amount received by the day of the onset of temporary incapacity for work, leave until the end of the temporary incapacity for work, leave.
and termination of possession.
The placement of an employee in the disposal is formalized by an order of the authorized head (head) of the institution or body of the penal system with simultaneous release from the position being filled, with the exception of the following cases (clauses 4, 5 of the Procedure for placement in the disposal).
| Situation | Features of enrollment |
| Secondment to federal government bodies, other government bodies or organizations | Employees are placed at the disposal of the director of the Federal Penitentiary Service at the end of the secondment period. |
| Suspension of service in the penal system | Employees are placed at the disposal of the institutions and bodies of the penal system in which they served immediately before its suspension, by order of the head (chief) of the institution or body of the penal system that issued the order to suspend the employee's service in the penal system, after the end of the suspension of service by the employee in the penal system |
| Completion of training at an educational organization of the Federal Penitentiary Service or expulsion from it before the end of training | Cadets, students, adjuncts and doctoral students are relieved of positions filled, expelled from the educational organization in connection with the end of training or for other reasons and sent to the place of further service in the relevant institution or body of the penal system by order of the head (chief) of the educational organization, as a rule, with granting leave upon completion of studies at an educational organization |
The order to enroll an employee in the order shall indicate:
1) the basis for enrollment;
2) the date of enrollment in the order (if such a date is not specified in the order, the date of enrollment in the order is the date of issue of the corresponding order);
3) information on the composition of the monetary allowance during the period of being at the disposal of the institution or body of the penal system in accordance with clause 23 of Art. 2 of Law No. 283-FZ;
4) the name of the institution or body of the penal system where the employee is assigned;
5) a manager (boss) authorized to give instructions to an employee (manager authorized to give instructions).
The employee must be familiarized with the order within five working days from the date of its publication or the day of receipt by the institution or body of the penal system at the place of service. If the employee is absent from duty, the order is sent to him by registered mail at his place of residence on the next working day after the expiration of five working days.
If an employee refuses to familiarize himself with the order, a corresponding act is drawn up.
Termination of an employee's employment is formalized by order of the authorized manager:
- on the appointment of an employee to a position;
- about his transfer to service in another institution or body of the penal system;
- on enrollment for full-time study, postgraduate study, doctoral studies in an educational organization of higher education of the Federal Penitentiary Service or a scientific organization of the Federal Penitentiary Service;
- on secondment to federal government bodies, other government bodies or organizations;
- about enrollment on another basis;
- on suspension of service in the penal system;
- about dismissal from service in the penal system.
Main institutions of the penal system
As mentioned above, the penal system includes a huge number of correctional institutions. To better understand the work of the penal system, you need to consider them in more detail:
- Colony settlement. Today there are two forms of such institutions. The first is intended for convicts who have committed crimes through negligence or persons sentenced to a term of no more than five years. Most often these are citizens who have committed a transport crime. The second type of penal colony is intended for persons who have proven themselves positively at their previous place of serving a prison sentence. A convicted person can receive such a transfer only after a certain period has expired. Such colonies, in fact, do not deprive the convicted person of freedom, but only limit it. During the day, free movement without security is allowed in the settlement colony, it is possible to leave the territory for various reasons, possession of valuables and money is allowed, and living with family is allowed;
- General regime colony. Most often, such institutions house men convicted of crimes of varying severity. It also houses criminals convicted of crimes committed through negligence and serving a sentence of more than 5 years. General regime colonies contain the overwhelming majority of those sentenced to serve their actual prison sentences;
- Maximum security colony. People who have committed particularly serious crimes end up here;
- Special regime colony. Most often, people who were not sentenced to death because a moratorium was imposed on it are serving their sentences in such institutions. Prisoners are kept in a cell.
Speaking about the structure of the penal system, it is necessary to additionally mention correctional centers. People sentenced to administrative arrest are held here. They cannot be put on the same level as colonies. Nevertheless, today there are the most such divisions of the penal system.
