Art. 91 of the Code of Criminal Procedure of the Russian Federation Grounds for detaining a suspect - comments and punishment

1. The body of inquiry, the inquiry officer, the investigator has the right to detain a person on suspicion of committing a crime for which a sentence of imprisonment may be imposed, if one of the following grounds exists: 1) when this person is caught committing a crime or immediately after its commission; 2) when victims or eyewitnesses point to this person as having committed a crime; 3) when obvious traces of a crime are found on this person or his clothing, on him or in his home.

2. If there is other data giving grounds to suspect a person of committing a crime, he may be detained if this person tried to escape, or does not have a permanent place of residence, or his identity has not been established, or if the investigator, with the consent of the head of the investigative body, or the interrogating officer with With the consent of the prosecutor, a petition was sent to the court to select a preventive measure in the form of detention in relation to the specified person.

Legal advice on comments to Art. 91 Code of Criminal Procedure of the Russian Federation

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Article 27.5. Terms of administrative detention

Resolution of the Supreme Court of the Russian Federation dated February 18, 2019 N 32-AD19-1 At the same time, as stated by the Constitutional Court of the Russian Federation in Resolution dated June 16, 2009 N 9-P “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", due to the presumption of innocence, a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, i.e. the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, admits that it has no grounds to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated May 27, 2019 N 4-AD19-2

At the same time, as indicated by the Constitutional Court of the Russian Federation in Resolution No. 9-P of June 16, 2009 “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", due to the presumption of innocence, a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, that is, the state, refusing to prosecute a person for an administrative offense, no longer calls into question his status as an innocent and, moreover, Moreover, he admits that he has no grounds to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated July 12, 2019 N 74-AD19-7

It should be noted that according to the legal position of the Constitutional Court of the Russian Federation, expressed in Resolution No. 9-P of June 16, 2009 “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, that is, the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, recognizes which has no basis to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated August 19, 2019 N 74-AD19-8

At the same time, based on the legal position of the Constitutional Court of the Russian Federation, expressed in the resolution of June 16, 2009 N 9-P “In the case of verifying the constitutionality of a number of provisions of articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, that is, the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, recognizes which has no basis to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated February 25, 2019 N 56-AD19-2

It should be noted that based on the legal position of the Constitutional Court of the Russian Federation, expressed in Resolution No. 9-P of June 16, 2009 “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offences, paragraph 1 of article 1070 and paragraph three of article 1100 of the Civil Code of the Russian Federation and article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, that is, the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, recognizes which has no basis to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated February 15, 2019 N 47-AD19-1

At the same time, as stated by the Constitutional Court of the Russian Federation in Resolution No. 9-P of June 16, 2009 “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", due to the presumption of innocence, a person in respect of whom the case of an administrative offense has been terminated due to the expiration of the statute of limitations is considered innocent, i.e. the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, admits that it has no grounds to refute his innocence.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated November 26, 2019 N 47-KG19-11, 2-5093/2018

According to the legal position set out in the Resolution of the Constitutional Court of the Russian Federation dated June 16, 2009 N 9-P “In the case of verifying the constitutionality of a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrova", the termination of a case of an administrative offense is not an obstacle to establishing in other procedures either the guilt of a person as a basis for bringing him to civil liability or his innocence, or the illegality of the administrative prosecution that took place against a person in the event of harm to him: disputes about compensation administrative prosecution of property damage and compensation for moral damage or, conversely, recovery of property and moral damage in favor of the victim of an administrative offense are resolved by the court in civil proceedings.

Determination of the Constitutional Court of the Russian Federation dated October 26, 2017 N 2478-O

Thus, the contested norm in itself cannot be considered as violating the constitutional rights of the applicant in the aspect indicated by him. At the same time, Resolution No. 25-P of November 17, 2016, issued in connection with the complaint of E.S. Sizikova, the Constitutional Court of the Russian Federation recognized the provision of Part 4 of Article 27.5 of the Code of Administrative Offenses of the Russian Federation as inconsistent with the Constitution of the Russian Federation to the extent that it allows restriction of the freedom of a person who is in a state of intoxication and has been subjected to administrative detention until a court decision for a period of more than 48 hours, and pointed out the need to review the law enforcement decisions in his case, the basis for which was Part 4 of Article 27.5 of the Code of Administrative Offenses of the Russian Federation to the extent that it was recognized by this Resolution as inconsistent with the Constitution of the Russian Federation. In the complaint again filed with the Constitutional Court of the Russian Federation by E.S. Sizikov refers to the circumstances of the same case. That is, the applicant’s constitutional rights, violated in this particular case, have already been protected through constitutional justice.

Determination of the Constitutional Court of the Russian Federation dated December 19, 2019 N 3540-O

Challenging the constitutionality of Articles 6.1.1, 26.11, 27.5, 28.1.1, 28.2, 28.3, 28.5 and 28.8 of the Code of Administrative Offenses of the Russian Federation, Ya.V. Valiev claims that the protocol in the case of an administrative offense against him was falsified and drawn up in violation of procedural deadlines; the case of an administrative offense was considered in violation of the rules of jurisdiction and jurisdiction, i.e. in fact, the applicant expresses disagreement with the judicial acts adopted in his case. Meanwhile, checking the correctness of the resolution of the applicant’s case, as well as clarifying the question of whether there were any violations of the established procedure for considering cases of administrative offenses in his case, does not fall within the competence of the Constitutional Court of the Russian Federation (Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”).

Resolution of the Supreme Court of the Russian Federation dated February 27, 2020 N 18-AD20-5

At the same time, based on the provisions of paragraph 4 of part 2 of Article 30.17, Article 1.5 of the Code of the Russian Federation on Administrative Offences, as well as the legal position expressed by the Constitutional Court of the Russian Federation in Resolution No. 9-P of June 16, 2009 “On the case of verifying the constitutionality a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of the Russian Federation on Administrative Offenses, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens M.Yu. Karelina, V.K. Rogozhkin and M.V. Filandrov”, by virtue of the presumption of innocence, a person in respect of whom the proceedings have been terminated due to the lack of proof of the circumstances on the basis of which the decision was made, as well as due to the expiration of the statute of limitations for bringing to administrative responsibility, is considered innocent, i.e. the state, refusing to prosecute a person for an administrative offense, no longer questions his status as an innocent person and, moreover, admits that it has no grounds to refute his innocence.

Resolution of the Supreme Court of the Russian Federation dated March 20, 2020 N 5-AD20-27

At the same time, based on the provisions of paragraph 4 of part 2 of Article 30.17, Article 1.5 of the Code of the Russian Federation on Administrative Offences, as well as the legal position expressed by the Constitutional Court of the Russian Federation in Resolution No. 9-P of June 16, 2009 “On the case of verifying the constitutionality a number of provisions of Articles 24.5, 27.1, 27.3, 27.5 and 30.7 of the Code of Administrative Offenses of the Russian Federation, paragraph 1 of Article 1070 and paragraph three of Article 1100 of the Civil Code of the Russian Federation and Article 60 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens K., R. and M.V. Filandrova", by virtue of the presumption of innocence, a person in whose case the proceedings were terminated due to the lack of proof of the circumstances on the basis of which the decision was made, as well as due to the expiration of the statute of limitations for bringing to administrative responsibility, is considered innocent, that is, the state, refusing from prosecuting a person for an administrative offense, no longer questions his status as an innocent person and, moreover, admits that he has no grounds to refute his innocence.

Taking action against the accused

The detention of this person is carried out for short-term placement in custody for the purpose of immediately bringing the subject to court. The authority is considering a petition to implement a preventive measure against a citizen. The detention of the accused is aimed at preventing the subject from being detained in absentia. In this case, the procedural action has specific goals, grounds, conditions and motive. The latter is the fear that a citizen may avoid appearing at the meeting. The condition is the issuance of a reasoned decision to charge a person with the status of an accused. In exceptional cases, an act is drawn up, since during an inquiry, in accordance with the general rules, detention cannot be used. The goal is to immediately bring the citizen to court. The basis for the detention of the accused is the need to consider the petition.

Another commentary on Article 92 of the Criminal Code of the Russian Federation

1. In fact, this norm deals with the grounds and conditions for the release of minors from punishment, including their placement in a special closed educational institution of the educational authority.

2. It follows from the law that: firstly, the court can release a minor convicted of a crime of minor or moderate gravity from punishment using general compulsory measures of educational influence (Part 2 of Article 90 of the Criminal Code); secondly, release from punishment is possible with placement in a special closed-type educational institution of an educational management body, but this measure is considered as a specific type of compulsory educational measures and is applied only by the court in order to replace the punishment of a minor when he is convicted of a crime of average gravity, as well as a serious crime; the maximum period of its application does not depend on the maximum punishment provided for by the Criminal Code for a crime committed by a teenager, and is three years; thirdly, the law contains an exhaustive list (Part 5 of Article 92 of the Criminal Code) of crimes for the commission of which this type of exemption from punishment is not applied. We believe that such a decision is completely justified and will allow us to distinguish between minors who have committed very dangerous crimes.

3. The court is given the right to shorten the period of stay of a minor in these institutions or extend it if it is necessary for the teenager to complete general educational or professional training. The analyzed article of the Criminal Code clearly outlines the grounds on which the period of stay of a minor in a special educational (closed type) or medical educational institution can be prematurely terminated and extended.

Detention of a suspect - Criminal procedural law (Peretyatko N.M.)

Criminal procedural detention of a suspect (Chapter 12 of the Code of Criminal Procedure) is a measure of procedural coercion, which is applied by the body of inquiry, the inquirer, or the investigator for a period of no more than 48 hours from the moment of the actual detention of a person on suspicion of committing a crime entailing a sentence of imprisonment.

A person can be detained as a suspect in a criminal case only if there is suspicion of committing a specific crime for which a sentence of imprisonment may be imposed, and if there is one of the following grounds:

1. when it is caught in the commission of a crime or immediately after its commission;
2. when eyewitnesses, including victims, directly point to this person as having committed a crime;
3. when obvious traces of a crime are found on this person or on his clothing, on him or in his home.

The law gives the body of inquiry, the inquiry officer, the investigator the right to carry out detention even if there is other data giving grounds to suspect a person of committing a crime for which a sentence of imprisonment may be imposed, but only in cases where the person:

1. tried to hide;
2. does not have a permanent place of residence;
3. his identity has not been established.

In addition, detention is permitted when a petition is sent to the court to select a preventive measure for a person in the form of detention (Part 2 of Article 91 of the Code of Criminal Procedure).

The Code of Criminal Procedure requires that after the suspect is brought to the body of inquiry, the investigator must draw up a detention report within no more than 3 hours (Part 1 of Article 92 of the Code of Criminal Procedure), and within 12 hours from the moment of detention of the suspect, the body of inquiry, the inquiry officer and the investigator must inform the prosecutor in writing about the arrest (Part 3 of Article 92 of the Code of Criminal Procedure). The suspect must be interrogated (part 4 of article 92 of the Code of Criminal Procedure); he may be subjected to a personal search (Article 93 of the Code of Criminal Procedure). To conduct a personal search when detaining a person or taking him into custody, there is no need to issue a special resolution or court decision to conduct it.

Part 1 art. 96 of the Code of Criminal Procedure retained the requirement of mandatory notification no later than 12 hours from the moment of detention of the suspect to one of the close relatives (in their absence, other relatives), and also provided the possibility of such notification to the suspect himself. At the same time, if it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the consent of the prosecutor may not be made, except in cases where the suspect is a minor (Part 4 of Article 96 of the Code of Criminal Procedure).

A person detained as a suspect is subject to immediate release by order of the investigator and interrogating officer in the following cases:

1. the suspicion of committing a crime was not confirmed;
2. there are no grounds for applying a preventive measure in the form of detention;
3. the detention was carried out in violation of the requirements of the law (Article 91 of the Code of Criminal Procedure);
4. within 48 hours from the moment of his arrest, a preventive measure in the form of detention was not chosen against him;
5. the court did not extend the period of detention of the suspect in the manner established in paragraph 3 of part 7 of art. 108 Code of Criminal Procedure.

Examples of judicial practice

Detaining a suspect is one of the most common procedural coercive measures, so there are plenty of examples of this.

These include:

1. In one of the restaurants in the city of N., waiter I was killed with a pistol. The police who arrived at the scene detained citizen A. The basis for this was a quarrel between the suspect and the waiter and the blood of the murdered person on the clothes of citizen A. The suspect denied his guilt and gave arguments in favor of that the killer is a completely different person. The Investigative Committee investigator sent a petition to the court to extend the period of detention. The court rejected the investigator’s request due to the fact that he did not fulfill his duties in good faith: he did not request recordings from CCTV cameras that were available in the restaurant, did not interview witnesses, etc., but chose the first person suitable for arrest, considering that there would be a coincidence cannot, and that there is blood on the clothes and a quarrel - this is strong evidence.
2. During a personal search of citizen N., suspected of theft, police officers were unable to find any stolen items on him. Instead, a gas pistol was found, converted to fire live ammunition. As it turned out, citizen N. tried to escape after committing a more serious crime. He was detained for 48 hours. During this time, a ballistic examination was carried out and it was established that it was from the discovered pistol that Citizen I was killed. Citizen N. was placed in a pre-trial detention center pending trial.
3. A criminal case was initiated against citizen M. under Article 159, Part 3 of the Criminal Code of the Russian Federation. The maximum possible punishment for this offense is 6 years, so the investigator had the right to detain him as a suspect. Immediately before the interrogation, citizen M. consulted with a lawyer, who defined his client’s offense as tax evasion without signs of fraud. Citizen M. made an entry about this in the protocol. The investigator could not prove otherwise and was forced to release the suspect. There is no provision for imprisonment for tax crimes, which means that pretrial detention is not possible. It later turned out that suspect M. was telling the truth.

There are thousands of such examples. At the same time, release after 48 hours of detention is not always the result of the suspect’s detention.

Statistics of decision-making under Article 91 of the Code of Criminal Procedure

The Judicial Department of the Supreme Court of the Russian Federation regularly publishes a report on the activities of courts of general jurisdiction. Among other indicators, this report contains information on the practice of court consideration of requests for a preventive measure.

From this document it follows that in 2021 the courts considered more than 126,000 such petitions. The courts satisfied 113,187 of them. The statistics are not significantly different from the 2016 figures. In 2021, the courts considered over 136,000 thousand such petitions and granted 123 thousand of them. In percentage terms, the statistics for these years are not much different: 89.66% in 2017 versus 90.27% in 2021.

What most often influences decision making?

The main influencing factor, according to current legislation, is the presence or absence of grounds for detention.

Also has meaning:

• danger of the suspect to society;
• characteristics of the suspect;
• possibility of relapse;
• the likelihood of evading participation in investigative actions and in court.

In addition to detention, after 48 hours of detention, it is possible to impose other preventive measures in addition to being in a pre-trial detention center, for example, house arrest, recognizance not to leave, or bail.

Rules of user conduct on the site

Clause 5 of Article 37 of the Constitution of the Russian Federation:

5. Everyone has the right to rest. A person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave.

Parts 1-3 of Article 91 of the Labor Code of the Russian Federation:

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year) depending on the established duration of working time per week is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor

The procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, approved. By Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n:

1. The standard working time for certain calendar periods of time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday based on the duration of daily work (shift):

with a 40-hour work week - 8 hours;

if the working week is less than 40 hours, the number of hours obtained by dividing the established working week by five days.

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In accordance with Part 2 of Article 112 of the Labor Code of the Russian Federation, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred.

The standard working time calculated in this order applies to all work and rest regimes.

Thus, the standard working time for a particular month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a particular month and from the resulting number of hours is subtracted by the number of hours in a given month by which working time is reduced on the eve of non-working holidays.

The standard working time for the year as a whole is calculated in a similar manner: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of a five-day working week per year and from from the resulting number of hours, the number of hours in a given year by which working hours are reduced on the eve of non-working holidays is subtracted.

2. The transfer of days off that coincide with non-working holidays, provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation, is carried out by employers using various work and rest regimes, under which work is not performed on holidays. This procedure for transferring days off that coincide with non-working holidays applies equally to work modes with both permanent weekends fixed by day of the week and with sliding days of rest.

For employers whose work suspension on non-working holidays is impossible due to production, technical and organizational conditions (for example, continuous production, daily service to the population, etc.), the transfer of days off provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation is not carried out. .

Article 92 of the Labor Code of the Russian Federation:

Shortened working hours are established:

- for workers under the age of sixteen - no more than 24 hours a week;

- for workers aged sixteen to eighteen years - no more than 35 hours per week;

- for employees who are disabled people of group I or II - no more than 35 hours per week;

- for employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

The length of working time for a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with payment to the employee separately

The length of working time of persons under the age of eighteen who are receiving general education or secondary vocational education and who combine education with work during the academic year cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

Part 1 of Article 104 of the Labor Code of the Russian Federation:

When, due to the production (work) conditions of an individual entrepreneur, in an organization as a whole, or when performing certain types of work, the daily or weekly wages established for this category of workers (including workers engaged in work with harmful and (or) dangerous working conditions) cannot be met. duration of working hours, it is allowed to introduce summarized recording of working hours so that the duration of working hours for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The accounting period cannot exceed one year, and for recording the working time of workers engaged in work with harmful and (or) dangerous working conditions - three months.

Parts 4 and 5 of Article 173 of the Labor Code of the Russian Federation:

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of the state final certification are established at their request with a working week shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Part 1 of Article 173.1 of the Labor Code of the Russian Federation:

Employees who are studying programs for training scientific and scientific-pedagogical personnel in postgraduate (adjunct) studies, residency programs and assistantship-internship programs through correspondence courses have the right to:

- additional leaves at the place of work lasting 30 calendar days during a calendar year with preservation of average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s specified additional leave while maintaining the average earnings. The specified travel is paid by the employer;

- one day off from work per week with payment in the amount of 50 percent of the salary received. The employer has the right to provide employees, at their request, in the last year of study with no more than two additional days off from work per week without pay.

Parts 4-5 of Article 174 of the Labor Code of the Russian Federation:

For employees who are mastering state-accredited educational programs of secondary vocational education in full-time and part-time forms of study, within 10 academic months before the start of the state final certification, a working week shortened by 7 hours is established at their request. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, concluded in writing, a reduction in working hours is carried out by providing the employee with one day off from work per week or by reducing the duration of the working day (shift) during the week.

Part 2 of Article 176 of the Labor Code of the Russian Federation:

During the academic year, employees who master state-accredited educational programs of basic general or secondary general education in full-time and part-time forms of study are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened ( shifts) during the week). During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Article 305 of the Labor Code of the Russian Federation:

The working hours, the procedure for providing days off and annual paid leave are determined by agreement between the employee and the employer - an individual. In this case, the length of the working week cannot be longer than that established by this Code.

Article 320 of the Labor Code of the Russian Federation:

For women working in the Far North and equivalent areas, a collective agreement or employment contract establishes a 36-hour working week, unless a shorter working week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week.

Article 333 of the Labor Code of the Russian Federation:

For teaching staff, a reduced working time of no more than 36 hours per week is established.

Depending on the position and (or) specialty of teaching staff, taking into account the characteristics of their work, the duration of working hours (standard hours of teaching work per wage rate), the procedure for determining the teaching load stipulated in the employment contract and the grounds for changing it, cases of establishing the upper limit of teaching workloads are determined by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of higher education, in relation to teaching staff belonging to the teaching staff, and are determined by the federal executive body authorized by the Government of the Russian Federation, which carries out the functions of development and implementation of state policy and legal regulation in the field of general education, in relation to other teaching staff.

Parts 1 and 2 of Article 350 of the Labor Code of the Russian Federation:

For medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation.

For medical workers of healthcare organizations living and working in rural areas and urban settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers.

Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban settlements”:

In accordance with Article 350 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

Establish the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and urban settlements to no more than 8 hours a day and 39 hours a week.

Subparagraph 1, paragraph 5 of Article 47 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”:

Teaching staff have the right to reduced working hours.

Clause 1 of Article 22 of the Federal Law of March 30, 1995 N 38-FZ “On preventing the spread of the disease caused by the human immunodeficiency virus (HIV infection) in the Russian Federation”:

Medical and other workers diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, have the right to reduced working hours, annual additional paid leave for work in harmful and (or) dangerous conditions labor in accordance with the legislation of the Russian Federation.

The duration of working hours and annual additional paid leave for medical workers diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, is determined by the Government of the Russian Federation.

Establishment of reduced working hours, increased wages and the provision of annual additional paid leave for work with harmful and (or) dangerous working conditions for those who diagnose and treat HIV-infected people and other employees of medical organizations subordinate to federal executive authorities, medical organizations subordinate to executive authorities government bodies of the constituent entities of the Russian Federation, as well as other employees from among the civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, are carried out based on the results of a special assessment of working conditions.

Part 1 of Article 16 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”:

Citizens (including temporarily sent or business travelers) specified in paragraph 5 of part one of Article 13 of this Law (citizens employed in work in the exclusion zone) are provided with increased wages, reduced working hours and additional paid leave.

Clause 1 of Article 22 of the Law of the Russian Federation of July 2, 1992 N 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision”:

Medical and other workers involved in the provision of mental health care have the right to reduced working hours and annual additional paid leave for work under harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

The duration of working hours and annual additional paid leave for medical workers involved in the provision of mental health care is determined by the Government of the Russian Federation.

Establishment of reduced working hours, increased wages and the provision of annual additional paid leave for work with harmful and (or) dangerous working conditions for other employees of medical organizations participating in the provision of mental health care, subordinate to federal executive authorities, state academies of sciences, medical organizations, subordinate to the executive bodies of state power of the constituent entities of the Russian Federation, as well as other employees from among the civilian personnel of military units, institutions and divisions of federal executive bodies, in which the law provides for military and equivalent service, are carried out based on the results of a special assessment of working conditions.

Clause 1 of Article 15 Federal Law of June 18, 2001 N 77-FZ “On preventing the spread of tuberculosis in the Russian Federation”:

Medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, have the right to reduced working hours, annual additional paid leave for working with harmful and (or ) hazardous working conditions in accordance with the legislation of the Russian Federation.

The duration of working hours and annual additional paid leave for medical workers directly involved in the provision of anti-tuberculosis care is determined by the Government of the Russian Federation.

Establishment of reduced working hours, increased wages and the provision of annual additional paid leave for work with harmful and (or) dangerous working conditions for those directly involved in the provision of anti-tuberculosis care to patients with tuberculosis, other employees of federal budgetary institutions, budgetary institutions of constituent entities of the Russian Federation, as well as others employees from among the civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, are carried out based on the results of a special assessment of working conditions.

Duration of working hours, annual additional paid leave and increased wages for work with harmful and (or) dangerous working conditions for veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving tuberculosis patients farm animals are established in the manner determined by the Government of the Russian Federation.

Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens engaged in work with chemical weapons”:

Parts 2 and 3 of Article 1:

The first group of work with chemical weapons includes:

1) research and development work, which involves the use of toxic chemicals related to chemical weapons;

2) work on the disarming and detoxification of chemical munitions, containers and devices, the detoxification of toxic chemicals in the production areas of experimental, pilot and industrial facilities for the destruction of chemical weapons;

3) work on maintenance and inspection of chemical weapons related to sampling of toxic chemicals related to chemical weapons, as well as work on the destruction of individual chemical ammunition, containers and devices in emergency condition;

4) work on the liquidation of chemical weapons production facilities.

The second group of work with chemical weapons includes:

1) work on the maintenance of chemical weapons not related to the sampling of toxic chemicals related to chemical weapons;

2) transportation of chemical weapons to places of their destruction;

3) work to ensure the safety of storage and maintenance of technological equipment used for the production of chemical weapons;

4) scientific and technical support for work on the disarming and detoxification of chemical munitions, containers and devices, the detoxification of toxic chemicals in production areas of experimental, pilot and industrial facilities for the destruction of chemical weapons, as well as the implementation of state supervision in the field of destruction of chemical weapons;

5) scientific and technical support for the liquidation of chemical weapons production facilities, as well as the implementation of state supervision in the field of destruction of chemical weapons;

6) medical and sanitary support for the storage and destruction of chemical weapons, the liquidation of chemical weapons production facilities;

7) ensuring fire safety during work on the storage and destruction of chemical weapons, liquidation of chemical weapons production facilities.

Article 5:

Citizens employed in the work provided for in part two of Article 1 of this Federal Law are entitled to a shortened 24-hour work week and an annual paid leave of 56 calendar days.

Citizens employed in the work provided for in part three of Article 1 of this Federal Law are entitled to a shortened 36-hour work week and an annual paid leave of 49 calendar days.

Part 3 of Article 23 of the Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in the Russian Federation”:

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Clause 1.3 of the Resolution of the Supreme Court of the RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas”:

1.3. For women working in rural areas, a 36-hour working week is established, unless a shorter working week is provided for by other legislative acts. In this case, wages are paid in the same amount as for the full duration of weekly work.

Paragraph 1 of the Decree of the Government of the Russian Federation of February 14, 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty”:

1. Establish the following reduced working hours for medical workers depending on their position and (or) specialty:

36 hours per week - according to the list according to Appendix No. 1;

33 hours per week - according to the list according to Appendix No. 2;

30 hours per week - according to the list according to Appendix No. 3;

24 hours a week - for medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.

Appendix No. 1, Appendix No. 2 and Appendix No. 3 to the Decree of the Government of the Russian Federation of February 14, 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty”

Appendix No. 1 to Order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff specified in the employment contract”

Clause 6 of the Regulations “On the peculiarities of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation”, approved. By Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139:

6. The normal working hours of a flight crew member and flight operator cannot exceed 36 hours per week.

Resolution of the Ministry of Labor of the Russian Federation dated July 12, 1999 N 22 “On establishing the duration of the working week for crew members of civil aviation aircraft”:

Crew members of civil aviation aircraft (pilots, navigators, flight engineers, flight mechanics, flight radio operators, flight operators) for work under harmful, dangerous, stressful and difficult working conditions of a special nature are assigned a 36-hour work week when performing flight work.

Clause 5 of the Regulations “On the peculiarities of the working hours and rest periods of workers involved in air traffic control of civil aviation of the Russian Federation”, approved. By Order of the Ministry of Transport of the Russian Federation dated January 30, 2004 N 10:

The normal working hours of an air traffic controller cannot exceed 36 hours per week.

Clause 10 “Regulations on the peculiarities of working hours and rest time for workers of floating vessels of inland water transport vessels”, approved. By Order of the Ministry of Transport of the Russian Federation dated May 16, 2003 N 133:

10. During year-round navigation on sea routes, the maximum duration of work of crew members between two periods of rest on shore (being on vacation, using accumulated rest days) should not exceed 150 calendar days.

Clauses 5 and 7 of the Regulations “On the specifics of working hours and rest time for crew members (civilian personnel) of support vessels of the Armed Forces of the Russian Federation”, approved. By Order of the Minister of Defense of the Russian Federation dated May 16, 2003 N 170:

5. The working hours for crew members (civilian personnel) of ships should not exceed 40 hours per week (with an 8-hour working day) with two days off, provided on different days of the week alternately according to the shift schedule.

For individual ship crew members, reduced working hours are established:

for women crew members of ships working in the Far North and equivalent areas, the working day is 7.2 hours with a 36-hour work week with two days off;

for crew members of nuclear maintenance vessels (ATO) carrying out work on underwater and surface ships and ships with nuclear power plants, the working day is 6 hours with a 36-hour work week with one day off

7. The procedure for maintaining summarized records of working time is established by the internal labor regulations of the formation (military unit) in agreement with the relevant elected trade union body or other representative body of the labor collective authorized by the employees, based on the specific operating conditions of the vessel and the established shift (work) schedule, as well as taking into account that the maximum duration of work of ship crew members between two periods of rest on shore (being on vacation, using accumulated rest days) should not exceed 120 calendar days. When performing work on long voyages, the duration of work on a ship for crew members or individual crew members can be increased to 150 calendar days.

Clause 4 of the Decree of the Government of the Russian Federation of 04/03/1996 N 391 “On the procedure for providing benefits to employees at risk of contracting the human immunodeficiency virus while performing their official duties”:

4. Employees of health care organizations diagnosing and treating HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus, are assigned a working time of 36 hours per week.

Order of the Ministry of Labor of Russia dated September 11, 2013 N 457n established the duration of reduced working hours and annual additional paid leave for work with harmful and (or) dangerous working conditions for veterinary and other employees directly involved in the provision of anti-tuberculosis care, as well as employees of production and storage organizations livestock products serving farm animals with tuberculosis.

Clause 3 and clause 5 of the Regulations on the peculiarities of working hours and rest time for crew members from among the civilian personnel of border patrol vessels and boats (approved by Order of the FSB of the Russian Federation dated 04/07/2007 N 161):

3. The normal working hours for crew members cannot exceed 40 hours per week with two days off, provided on different days of the week alternately according to the shift (work) schedule.

For individual ship crew members, reduced working hours are established:

for female crew members of ships working in the Far North and equivalent areas, the working day is 7.2 hours with a 36-hour work week with two days off.

5. Maintaining summarized records of working time is carried out in accordance with the internal labor regulations of the border authority in agreement with the relevant elected trade union body or other representative body of the labor collective authorized by the employees, based on the specific operating conditions of the vessel and the established shift (work) schedule, as well as taking into account that the maximum duration of work of crew members between two periods of rest ashore (being on vacation, using accumulated rest days) should not exceed 120 calendar days. When performing work on long voyages, the duration of work on the ship for crew members or individual crew members may be increased to 150 calendar days.

Clauses 7 and 10 “Regulations on the peculiarities of working hours and rest time for crew members of sea vessels and mixed (river-sea) vessels” (approved by Order of the Ministry of Transport of Russia dated September 20, 2016 N 268):

7. The normal working hours of ship crew members cannot exceed 40 hours per week.

For women crew members of ships when the ships are in the seas and rivers flowing into them of the Arctic Ocean north of the parallel of 63°45′ northern latitude, as well as in the seas and rivers flowing into them of the northern part of the Pacific Ocean in the area limited by the parallel of 41° northern latitude , and in the east - by the meridian of 160° west longitude, as well as for crew members of ships engaged in work with harmful and (or) dangerous working conditions - 36 hours a week.

10. Summarized working time recording is established for ship crew members.

The duration of working hours during the accounting period cannot exceed the normal number of working hours.

The procedure for introducing summarized recording of working time is established by the internal labor regulations.

The duration of the accounting period is determined by the employer, based on the specific operating conditions of the vessel (duration of the voyage, navigation area, frequency of port calls, duration of the navigation period, type of cargo transported, time of stay for cargo operations in the port and at anchorages and other operating conditions of the vessel), the established watchkeeping schedule (carrying out ship work) for crew members, but cannot exceed one year.

The maximum duration of work of ship crew members between two periods of rest on shore (being on vacation, using cumulative rest days) should not exceed 150 calendar days.

In cases of difficulty with changing ship crew members in foreign or Russian Arctic ports, ship delays on a voyage, lack of transport accessibility, the duration of work on the ship of crew members (all or individual crew members), taking into account the opinion of the relevant elected body of the primary trade union organization representing the interests of the majority crew members of sea and mixed (river-sea) navigation vessels, and in its absence - with another representative body of crew members, may be increased to 180 calendar days.

On mixed (river-sea) navigation vessels that are not operated in winter, the maximum duration of work of the ship's crew members between two periods of rest on shore is determined by the duration of the navigation period.

Paragraph 3 of Part 1 of Article 263.1 of the Labor Code of the Russian Federation:

Women working in rural areas have the right to have a reduced working time of no more than 36 hours per week, unless a shorter working week is provided for them by federal laws and other regulatory legal acts of the Russian Federation. In this case, wages are paid in the same amount as for a full working week.

Clause 39 of the “Charter of Service on Vessels of the Fishing Fleet of the Russian Federation” (approved by Order of the Ministry of Agriculture of Russia dated July 27, 2020 N 421):

39. The work of ship crew members is organized by the captain of the ship in accordance with the labor legislation of the Russian Federation, the Regulations on the peculiarities of working time and rest time for certain categories of fishery workers who have a special nature of work.
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The following commentary to Article 91 of the Code of Criminal Procedure of the Russian Federation

If you have questions regarding Art. 91 of the Code of Criminal Procedure, you can get legal advice.

1. Detention in Russian criminal proceedings is a short-term deprivation of liberty of a person suspected of committing a crime, without first obtaining the sanction of a prosecutor or a court decision. The purpose of detention is to stop criminal activity, prevent the suspect from hiding from the investigation and the court, prevent the suspect from falsifying evidence and other attempts to interfere with the reliable establishment of the circumstances of the criminal case.

2. The maximum period of detention is 48 hours (Part 2 of Article 22 of the Constitution of the Russian Federation), however, it can be extended by the judge at the request of the inquirer, investigator or prosecutor for no more than 72 hours to provide additional evidence of the validity of the detention (Clause 3 of Part. 7 Article 108). The period of detention begins to run from the moment of actual deprivation of liberty (“capture” at the scene of the crime). This period includes the time of administrative detention of the suspect.

3. Detention is possible in two forms: 1) without a resolution from the body of inquiry, the inquiry officer, or the investigator before the initiation of a criminal case; 2) on the basis of a decision of the investigator after the initiation of a criminal case. The first - with the consent of the prosecutor or investigator with the consent of the head of the investigative body - the form of detention (“capture on the spot”) is not regulated by the criminal procedural law - it is provided for by the Charter of the Police Patrol Service.

4. The detention protocol must be approved by the head of the investigative agency.

5. Detention is permitted if a person is suspected of committing a crime punishable not only by imprisonment, but also by arrest, life imprisonment, and also the death penalty (Articles 54, 56, 57, 59 of the Criminal Code).

6. The list of grounds for detention contained in Art. 91 of the Code of Criminal Procedure is exhaustive and is not subject to general interpretation.

7. In clause 1, part 1, art. 91 of the Code of Criminal Procedure also refers to cases when a person is caught preparing for a crime, as well as during an attempt on his life. Detention immediately after the commission of a crime is used when pursuing a suspect “in hot pursuit.”

8. Eyewitnesses can point to the person who committed the crime (clause 2, part 1, article 91 of the Code of Criminal Procedure), both at the place where it was committed and during procedural actions, for example, identification.

9. Clause 3, Part 1, Art. 91 of the Code of Criminal Procedure is applied, as a rule, in cases where, during procedural actions (search, personal search, seizure, etc.), obvious traces of a crime are found on the clothes, body, or home of a person.

10. In part 2 art. 91 of the Code of Criminal Procedure (other grounds for detention) refers to situations where, for example, the victim identified a criminal on the street, a service dog led him to the suspect’s house, suspicion arose in connection with the use of operational intelligence methods, etc.

11. The Code of Criminal Procedure does not mention the detention of suspects by private individuals with their subsequent transfer to government agencies. However, in accordance with Art. 38 of the Criminal Code, such detention is permissible; it is considered as a basis that excludes the criminality of an act in cases where harm is caused to the detainee. Moreover, a detention that does not cause any harm to the suspect, except that he is forcibly deprived of his freedom, is permissible.

12. It is unacceptable to use detention as a means of forcing a suspect to admit guilt (Order of the Prosecutor General of the Russian Federation of February 21, 1995 “On the organization of prosecutorial supervision over the investigation and detection of crimes”).

13. Persons with diplomatic and other immunity are not subject to detention (Articles 3 and 449 of the Code of Criminal Procedure).

Another comment on Art. 91 of the Criminal Code of the Russian Federation

1. A warning consists of explaining to a minor the harm caused by his act and the consequences of repeated commission of crimes.

2. Transfer to the supervision of parents or persons replacing them, or a specialized state body consists of assigning to these entities the responsibility for educational influence on the minor and monitoring his behavior. This measure is applied if the parents or persons replacing them have authority in the eyes of the teenager and the opportunity to have a significant positive educational influence on him.

3. The obligation to make amends for the harm caused applies only to a minor who has his own income or scholarship or labor skills that allow him to independently carry out repair or construction work.

4. Restrictions on leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, using certain forms of leisure, limiting time away from home after a certain time of day, etc. The list of restrictions is not exhaustive.

What does judicial practice show under this article?

Judicial practice under this article is extensive, since many minors commit crimes. More often these are minor or moderately serious acts that are limited to warning and supervision.

Case studies:

• Citizen E., at the age of 13, and his classmates beat his neighbor for 10 years, after which he ended up in the hospital with a concussion. The actions of the criminals were regarded as of moderate gravity; due to their minor age, they could not be held accountable, so the parents were fined, and the teenagers themselves were limited in their freedom of action; control over supervision was transferred to the parents.
• Citizen M. stole 3 thousand rubles from her friend, pulling her out of her coat pocket. She noticed and accused her of theft, told her parents, and they filed a lawsuit against M. Since she was a minor, the court could not impose an appropriate punishment. M. was given a warning, her crime was assessed as minor. M.'s parents promised the court that they would monitor her.
• Citizen G. repeatedly humiliated his classmate and insulted his human dignity. This was recognized as a reason for his parents to go to court. Since G. was 13 years old, he avoided responsibility, but his parents were told to set restrictions on the boy’s visits to places and establish strict supervision for six months. G. himself was transferred to another school.

What decisions are most often made under Article 91?

More often, decisions under the article include issuing a warning or supervision. Limiting the leisure time of a juvenile offender. The court decides what punishment to choose depending on the severity of the crime committed, the level of consequences and the possible harm caused to the victims. Parents are subject to special control.