1. Deprivation of the right to hold certain positions or engage in certain activities consists of a prohibition to hold positions in the civil service, in local government bodies, or to engage in certain professional or other activities.
2. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of one to five years as the main type of punishment and for a period of six months to three years as an additional type of punishment. In cases specifically provided for by the relevant articles of the Special Part of this Code, deprivation of the right to hold certain positions or engage in certain activities is established for a term of up to twenty years as an additional type of punishment.
3. Deprivation of the right to hold certain positions or engage in certain activities may be imposed as an additional type of punishment and in cases where it is not provided for by the relevant article of the Special Part of this Code as a punishment for the relevant crime, if, taking into account the nature and degree of public danger of the crime committed and the identity of the guilty person, the court finds it impossible to retain his right to occupy certain positions or engage in certain activities.
4. If this type of punishment is imposed as an addition to compulsory labor, correctional labor, restriction of freedom, as well as in the case of a suspended sentence, its term is calculated from the moment the court verdict enters into legal force. If deprivation of the right to hold certain positions or engage in certain activities is imposed as an additional type of punishment to arrest, detention in a disciplinary military unit, forced labor, or imprisonment, it applies to the entire period of serving the specified main types of punishment, but its term is calculated from the moment their departure.
- Article 46. Fine
- Article 48. Deprivation of a special, military or honorary title, class rank and state awards
Commentary to Art. 47 of the Criminal Code of the Russian Federation
In accordance with Art. 47 of the Criminal Code of the Russian Federation, deprivation of the right to hold certain positions or engage in certain activities is prescribed both as a primary and as an additional punishment. In its content and role of the main and additional types of punishment, its essence is expressed in the limitation of the labor rights of convicts. The implementation of these restrictions, as a consequence, often leads to a reduction in the wages or other income of the convicted person, and also affects his social status. This, first of all, reveals the punitive side of the type of punishment under consideration and once again confirms the well-known position of the theory of criminal law that a person who has committed a crime must undergo deprivation of a personal or property nature, and possibly a combination of both, determined in each specific case in the exact in accordance with the law.
Deprivation of the right to hold certain positions or engage in certain activities consists of a prohibition to hold positions in the civil service, in local government bodies, or to engage in certain professional or other activities.
The civil service of the Russian Federation can be defined as the professional service activities of citizens of the Russian Federation in positions of the civil service of the Russian Federation to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation (including being in the personnel reserve and other cases).
Local self-government in the Russian Federation is a form of exercise by the people of their power, ensuring, within the limits established by the Constitution of the Russian Federation, federal laws, and in cases established by federal laws - the laws of the constituent entities of the Russian Federation, independent and under their responsibility decisions by the population directly and (or ) through local government bodies on issues of local importance, based on the interests of the population, taking into account historical and other local traditions. The types of local government bodies can be varied and are established in accordance with the legislation of the Russian Federation.
Professional activities include activities carried out on an ongoing basis for a certain remuneration or for the purpose of making a profit. Other activity is any other activity that is not related to sources of subsistence, but satisfies other needs of the individual, for example hunting, fishing, driving a car, etc. It should be borne in mind that activities of the same nature, depending on the circumstances, can be professional or otherwise. So, you can hunt as an amateur or as a professional.
The type of punishment under consideration consists of two independent punitive elements: deprivation of the right to occupy certain positions and deprivation of the right to engage in certain activities.
Deprivation of the right to hold certain positions consists of a ban on holding positions in the civil service, as well as in local government bodies. The specific type of such positions must be indicated in the sentence.
The prohibition in question, unlike the prohibition to engage in certain activities, does not apply to holding positions in public, commercial and other non-governmental organizations. Deprivation of the right to engage in certain activities applies to both professional and other activities of a citizen. When imposing a punishment in the form of deprivation of the right to engage in certain activities, the type of such activity must be specified in the sentence.
The imposition of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, depending on the situation, entails:
1) dismissal of a convicted person from a position that he is prohibited from holding by the court;
2) prohibition from holding the same position in the civil service or in local government;
3) prohibition to engage in certain activities.
As can be seen from the above, deprivation of the right to engage in certain activities is expressed in the prohibition to engage in such activities, primarily professionally. However, it should be emphasized that this prohibition applies in full to activities outside the scope of the profession, for example, to driving personal vehicles in cases of deprivation of the right to drive vehicles. The requirements of a sentence on deprivation of the right to engage in certain activities are mandatory for bodies authorized to revoke permission to engage in the relevant activity. These bodies are obliged to cancel the permit to engage in activities that are prohibited to the convicted person, and to confiscate the relevant document granting this person the right to engage in the specified activity.
Deprivation of the right to hold certain positions or engage in certain activities in accordance with Part 2 of Art. 47 of the Criminal Code of the Russian Federation is prescribed as the main type of punishment for a period of one to five years, and as an additional one - for a period of six months to three years.
At the same time, to a person convicted both for one crime and for a combination of crimes and sentences, the specified punishment cannot be assigned simultaneously as a primary and an additional one. For the same crime, a convicted person cannot be simultaneously deprived of the right to hold certain positions and engage in certain activities.
The fact that at the time of sentencing a person did not hold a certain position or was not engaged in certain activities does not deprive the court of the right to impose this punishment.
The punishment in question can be assigned as the main one if it is provided for in the relevant articles of the Special Part of the Criminal Code of the Russian Federation, and in the case of a more lenient punishment, when it is not provided for in the articles of the Special Part of the Criminal Code of the Russian Federation. Deprivation of the right to hold certain positions or engage in certain activities may be imposed as an additional punishment even in cases where it is not provided for in the sanctions of the Special Part of the Criminal Code of the Russian Federation or is specified in the sanctions in the form of the main punishment. The court, when making such a decision, is guided by the fact that the nature and degree of social danger of the crime committed and the identity of the perpetrator make it impossible for him to retain the right to occupy certain positions or engage in certain activities.
Deprivation of the right to hold certain positions or engage in certain activities cannot be applied as an additional punishment if this punishment is provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation as one of the main types of punishment.
If the type of punishment in question is imposed as an additional one to compulsory work, correctional labor, as well as in the case of a suspended sentence, its term is calculated from the moment the sentence enters into legal force. If deprivation of the right to hold certain positions or engage in certain activities is assigned as an additional type of punishment to restriction of freedom, arrest, detention in a disciplinary military unit, or imprisonment, it applies for the entire duration of the specified main types of punishment, but its term is calculated from the moment their departure.
Punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, assigned as both the main and additional types of punishment to a fine, compulsory work or correctional labor, as well as in the case of a suspended sentence, is carried out by criminal executive inspectorates at the place of residence (work) convicts.
The specified punishment, imposed as an additional type of punishment to restriction of freedom, arrest, detention in a disciplinary military unit or imprisonment, is carried out by institutions and bodies executing the main types of punishment, and after serving the main type of punishment - by criminal executive inspections at the place of residence (work) ) convicts.
Penitentiary inspections keep records of convicts; monitor compliance by convicted persons with the prohibition provided by the court verdict to occupy certain positions or engage in certain activities; check compliance with the requirements of the sentence by the administration of the organizations in which the convicted person works, as well as by bodies authorized to revoke permission to engage in certain activities prohibited by the convicted person; organize educational work with convicts.
The requirements of a sentence on deprivation of the right to engage in certain activities are mandatory for bodies authorized to revoke permission to engage in the relevant activity.
The specified bodies, no later than three days after receiving a copy of the court verdict and notification of the criminal-executive inspection, are obliged to cancel the permit to engage in activities that are prohibited to the convicted person, seize the relevant document granting this person the right to engage in the specified activity, and send a message about this to the criminal-executive inspection.
Representatives of government, civil servants, employees of local government bodies, employees of state or municipal institutions, commercial or other organizations who maliciously fail to comply with a court sentence, court decision or other judicial act that has entered into legal force on deprivation of the right to hold certain positions or engage in certain activities, and Also, convicted persons who violate the requirements of the sentence are liable in the manner established by the legislation of the Russian Federation.
Deprivation of the right to hold certain positions or engage in certain activities
1. Deprivation of the right to hold certain positions or engage in certain activities consists of a prohibition to hold positions in the civil service, in local government bodies, or to engage in certain professional or other activities.
2. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of one to five years as the main type of punishment and for a period of six months to three years as an additional type of punishment. In cases specifically provided for by the relevant articles of the Special Part of this Code, deprivation of the right to hold certain positions or engage in certain activities is established for a term of up to twenty years as an additional type of punishment.
3. Deprivation of the right to hold certain positions or engage in certain activities may be imposed as an additional type of punishment and in cases where it is not provided for by the relevant article of the Special Part of this Code as a punishment for the relevant crime, if, taking into account the nature and degree of public danger of the crime committed and the identity of the guilty person, the court finds it impossible to retain his right to occupy certain positions or engage in certain activities.
4. If this type of punishment is imposed as an addition to compulsory labor, correctional labor, restriction of freedom, as well as in the case of a suspended sentence, its term is calculated from the moment the court verdict enters into legal force. If deprivation of the right to hold certain positions or engage in certain activities is imposed as an additional type of punishment to arrest, detention in a disciplinary military unit, forced labor, or imprisonment, it applies to the entire period of serving the specified main types of punishment, but its term is calculated from the moment their departure.
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Deprivation of special rights
- Part 1 47 Criminal Code
deprivation of the right to hold positions in the state/municipal service
- Part 1 47 Criminal Code
deprivation of the right to engage in certain activities
- Part 3 47 Criminal Code
may be assigned even if it is not included in the sanction article
Period of deprivation
- Part 2 47 Criminal Code
if the main punishment is imposed for a period of 1 to 5 years
- Part 2 47 Criminal Code
if the additional punishment is for a period of 6 months to 3 years
- Part 2 47 Criminal Code
up to 20 years in special cases
Calculation of the term
- Part 4 47 Criminal Code
from the moment the sentence comes into force
- Part 4 47 Criminal Code
or from the moment the main sentence is served
Plenum of the Supreme Court
— clause 8
Plenum No. 58 features of punishment in the form of deprivation of special rights
- paragraph 31
Plenum No. 55 deprivation of the right to hold office in the verdict
Deprivation of the right to operate
Deprivation of rights
Activities: selection of materials, looking for judicial errors
Article 47 of the Criminal Code. Deprivation of the right to hold certain positions or engage in certain activities
Url Additional information:
- P.9
Plenum No. 58 deprivation of the right to hold office
1) Deprivation of the right to hold certain positions - consists of a ban on holding positions
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Only state/municipal institutions
Ban on positions
— only in state/municipal institutions
in the public service, in local governments.
Url Additional information:
— clause 9
Plenum No. 58 deprivation of the right to engage in activities
Deprivation of the right to engage in certain activities - consists of a prohibition to engage in certain professional or other activities.
2) This punishment is established for the period:
- from 1 to 5 years as the main punishment;
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— Part 2 45 Criminal Code
deprivation of rights may be an additional punishment
Maximum
Maximum term
deprivation of rights - motivation in the verdict is required
- from 6 months to 3 years as an
additional punishment;
- up to 20 years as an additional punishment, in cases specifically provided for in the Criminal Code.
Url Additional information:
— clause 10
Plenum No. 58, deprivation of rights may occur, even in the absence of a sanction
— clause 36.2
Plenum No. 24 deprivation of rights in corruption cases
- paragraph 25
Plenum No. 12 deprivation of the right to operate under
Part 3 210 of the Criminal Code
- clause 28
Plenum No. 21 deprivation of special rights under environmental articles
— clause 12
Plenum No. 25 on
Part 1 264 of the Criminal Code,
deprivation of rights and restriction of freedom
Under any article of the Criminal Code
No sanction
articles of the Criminal Code - but deprivation of rights can still be imposed
3) This punishment may be imposed as an additional type of punishment in cases where it is not provided for in the relevant article of the
Special Part of the Criminal Code , if the court, taking into account:
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— clause 1
Plenum No. 58 the nature of the hazard depends on the characteristics of the composition
Nature of the danger
The nature of public
danger, consideration when sentencing
—
the nature of the public danger of the crime,
Url Additional information:
— clause 1
Plenum No. 58 degree of danger: consequences, method, type of intent, role
Danger level
Degree of public
danger, consideration when sentencing
—
degree of public danger of the crime,
Url Additional information:
— clause 1
Plenum No. 58 information about the individual, this is characterizing data
Personality
Identity of the culprit
— health, marital status (
clause 1
of Plenum No. 58)
-
the identity of the perpetrator,
recognizes it as impossible for him to retain the right to occupy certain positions or engage in certain activities.
4) The term
of this type of punishment is calculated from the moment the court sentence enters into legal force, in the case of the appointment of this type of punishment as additional to such punishments as:
- compulsory labor;
— correctional work;
— restriction of freedom;
- as well as in case of suspended sentence,
The term of this type of punishment applies to the entire period of serving the main types of punishment, but at the same time its term is calculated from the moment they are served, if assigned as an additional punishment to such punishments as:
— forced labor;
- arrest;
— content in the disciplinary part;
- deprivation of liberty.
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