Federal Law No. 331-FZ of October 1, 2019: changes in the process of administrative supervision of convicted persons

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Published: 10/29/2019

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In October 2021, Federal Law No. 331 of October 1, 2019 came into force, which amended Federal Law No. 64 of April 6, 2011, which regulates the process of administrative supervision of citizens released from prison.

What is administrative supervision
Imposed prohibitions and obligations
How and by whom administrative supervision is established for those sentenced to forced labor
Possibility of extending supervision
Obligation of supervised persons to report a change of place of residence

What is administrative supervision

Administrative supervision is monitoring by internal affairs bodies of a citizen released from prison. Monitoring primarily concerns compliance with restrictions on the rights and freedoms of such a citizen, as well as the fulfillment of the duties assigned to him by a court decision.

Supervision is established for supervised persons with an outstanding criminal record if (Article 3 of Federal Law No. 64 of 04/06/2011):

the citizen is a persistent violator of prison regulations;
the citizen has committed two or more crimes against law and order or two or more crimes dangerous to the life and health of other citizens.

In addition, administrative supervision is established if the person under supervision:

Committed a serious or especially serious crime.
Is a repeat offender.
Committed an intentional crime against a minor.
Committed two or more drug trafficking crimes.

Administrative supervision in any case is established without observing the above conditions for the following categories of citizens:

Those who have committed sexual crimes against minors.
Those who are particularly dangerous repeat offenders for society.
Those who committed murder for reasons of intolerance towards a certain group of people , hostage-taking, terrorism, etc.

Federal Law of April 6, 2011 No. 64-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

On administrative supervision of persons released from prison

Adopted by the State Duma on March 25, 2011
Approved by the Federation Council on March 30, 2011

(As amended by federal laws dated July 2, 2013 No. 185-FZ, dated December 28, 2013 No. 432-FZ, dated May 28, 2017 No. 102-FZ, dated July 29, 2017 No. 252-FZ, dated October 1, 2019 No. 331-FZ)

Chapter 1. General provisions

Article 1. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) administrative supervision - monitoring carried out by internal affairs bodies over the compliance by a person released from places of deprivation of liberty established by the court in accordance with this Federal Law of temporary restrictions on his rights and freedoms, as well as over the fulfillment of his duties provided for by this Federal Law;

2) administrative restriction - a temporary restriction of the rights and freedoms of a person released from prison, established by a court in accordance with this Federal Law;

3) supervised person - a person in respect of whom administrative supervision is carried out;

4) place of actual location - elected by a person released from prison and without a place of residence or stay, the territory of an intra-city municipal formation of a federal city, the territory of an intra-city district (in its absence - a city) or the territory of an urban or rural settlement. (Clause introduced - Federal Law dated May 28, 2017 No. 102-FZ)

Article 2. Tasks of administrative supervision

Administrative supervision is established to prevent the commission of crimes and other offenses by persons specified in Article 3 of this Federal Law, and to provide individual preventive influence on them in order to protect state and public interests.

Article 3. Persons subject to administrative supervision

1. Administrative supervision is established by the court if there are grounds provided for in Part 3 of this article in relation to an adult who is released or released from prison and has an outstanding or unexpunged criminal record for committing:

1) a grave or especially grave crime;

2) crimes in case of repeat crimes;

3) an intentional crime against a minor;

4) two or more crimes provided for by the first part of Article 228, Article 2283, the first part of Article 231, and the first part of Article 2341 of the Criminal Code of the Russian Federation. (Clause introduced - Federal Law dated July 29, 2017 No. 252-FZ)

2. Administrative supervision is established regardless of the presence of the grounds provided for in Part 3 of this article in relation to an adult who is released or released from prison and has an outstanding or unexpunged conviction for:

1) committing a crime against the sexual integrity and sexual freedom of a minor (with the exception of the person specified in part 21 of this article);

2) commission of a crime during a dangerous or especially dangerous recidivism of crimes;

3) committing a grave or especially grave crime provided for in paragraph “l” of the second part of Article 105, paragraph “e” of the second part of Article 111, paragraph “h” of the second part of Article 117, part four of Article 150 (in case of committing a crime for political reasons, ideological, racial, national or religious hatred or enmity or based on hatred or enmity towards any social group), Articles 205 - 2055, 206, 208, 211, 220, 221, 277 - 279, 282 - 2823, 295, 317, 357, 360 and 361 of the Criminal Code of the Russian Federation;

4) commission of a crime while under administrative supervision, for which this person was sentenced to imprisonment and sent to the place of serving the sentence (with the exception of the person specified in part 21 of this article).

(Part as amended by Federal Law No. 102-FZ dated May 28, 2017)

21. Administrative supervision is established by the court in relation to a person who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, and who suffers from a disorder of sexual preference (pedophilia), which does not preclude sanity, regardless of the presence of the grounds provided for in Part 3 of this article. . The procedure for establishing and terminating administrative supervision in relation to the specified person is carried out in accordance with federal law. (Part introduced - Federal Law No. 432-FZ dated December 28, 2013)

3. Administrative supervision is established in relation to the person specified in part 1 of this article if:

1) the person, while serving a sentence in places of deprivation of liberty, was recognized as a malicious violator of the established procedure for serving the sentence;

2) a person who has served a criminal sentence in the form of imprisonment and has an outstanding or unexpunged conviction commits, within one year, two or more administrative offenses against the order of administration, and (or) administrative offenses that infringe on public order and public safety and (or) on public health and public morality, and (or) administrative offenses provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of the Russian Federation on Administrative Offences. (As amended by Federal Law No. 102-FZ dated May 28, 2017)

Article 4. Administrative restrictions established during administrative supervision

1. The following administrative restrictions may be established in relation to a supervised person:

1) prohibition of staying in certain places;

2) prohibition of visiting places of mass and other events and participation in these events;

3) prohibition of staying outside a residential or other premises that is the place of residence or stay of a supervised person at a certain time of the day;

4) prohibition of leaving the territory established by the court;

5) mandatory attendance from one to four times a month to the internal affairs body at the place of residence, stay or actual location for registration. (As amended by Federal Law No. 102-FZ dated May 28, 2017)

2. It is mandatory for the court to establish an administrative restriction in the form of:

1) mandatory appearance of the supervised person from one to four times a month to the internal affairs body at the place of residence, stay or actual location for registration;

2) prohibiting a supervised person who has an outstanding or unexpunged conviction for committing a crime against the sexual integrity and sexual freedom of a minor from leaving the territory established by the court;

3) prohibiting a supervised person who does not have a place of residence or stay from leaving the territory established by the court.

(Part as amended by Federal Law No. 102-FZ dated May 28, 2017)

3. During the period of administrative supervision, the court, on the basis of an application from the internal affairs body or the supervised person or his representative, taking into account information about the lifestyle and behavior of the supervised person, as well as his compliance with administrative restrictions, may partially cancel administrative restrictions or on the basis of an application from the internal affairs body cases may supplement the administrative restrictions previously established for the supervised person.

4. In the cases provided for by Part 3 of Article 12 of this Federal Law, administrative restrictions or restrictions established for a supervised person in accordance with paragraphs 1, 2 and 5 of Part 1 of this Article are applied at the place of his temporary stay.

Article 5. Term of administrative supervision

1. Administrative supervision is established in relation to:

1) persons specified in Part 1 (clauses 1, 2 and 4) of Article 3 of this Federal Law, for a period of one to three years, but not more than the period established by the legislation of the Russian Federation for expunging a criminal record; (As amended by Federal Law No. 252-FZ dated July 29, 2017)

2) the persons specified in Part 1 (Clause 3) and Part 2 of Article 3 of this Federal Law, for the period established by the legislation of the Russian Federation for expunging a criminal record, minus the period that has expired after serving the sentence;

3) persons specified in Part 21 of Article 3 of this Federal Law, for the period of imposing compulsory measures of a medical nature, but not less than the period established by the legislation of the Russian Federation for expunging a criminal record. (Clause introduced - Federal Law dated December 28, 2013 No. 432-FZ)

2. In the cases provided for in Article 7 of this Federal Law, administrative supervision may be extended for a period of up to six months, but not beyond the period established by the legislation of the Russian Federation for expunging a criminal record.

3. The period of administrative supervision is calculated in relation to:

1) persons specified in parts 2 and 21 of Article 3 of this Federal Law, if there is a basis provided for in paragraph 1 of Part 3 of Article 3 of this Federal Law, and the person specified in Part 2 of Article 3 of this Federal Law, from the date of registration with the internal affairs body at the chosen place of residence, stay or actual location; (As amended by federal laws dated December 28, 2013 No. 432-FZ; dated May 28, 2017 No. 102-FZ)

2) the person specified in Part 1 of Article 3 of this Federal Law, if there is a basis provided for in paragraph 2 of Part 3 of Article 3 of this Federal Law, from the day the court decision to establish administrative supervision comes into force.

4. If a person is assigned a restriction of freedom as an additional type of punishment, as well as when replacing the unserved part of a sentence in the form of imprisonment with forced labor or restriction of freedom, the period of administrative supervision is calculated from the day the sentence in the form of forced labor or restriction of freedom is served. (As amended by Federal Law dated October 1, 2019 No. 331-FZ)

5. The period of administrative supervision is suspended in the event of:

1) putting a supervised person on the wanted list;

2) recognition of the supervised person as missing;

3) taking the supervised person into custody;

4) sentencing a supervised person, specified in Part 21 of Article 3 of this Federal Law, to imprisonment for committing a crime while under administrative supervision and sending him to the place of serving his sentence; (Clause introduced - Federal Law dated May 28, 2017 No. 102-FZ)

5) sentencing a supervised person to forced labor. (Clause introduced - Federal Law dated October 1, 2019 No. 331-FZ)

6. After the elimination of the circumstances that served as the basis for suspending the period of administrative supervision, the course of such period continues.

7. In the event of suspension of the period of administrative supervision in relation to a person specified in Part 21 of Article 3 of this Federal Law, on the basis provided for in paragraph 4 of Part 5 of this article, the period of administrative supervision does not continue if, in the process of serving a sentence in places of deprivation of liberty the application of compulsory medical measures against the specified person was terminated and the criminal record, which became the basis for the establishment of administrative supervision, expired. (Part introduced - Federal Law No. 102-FZ dated May 28, 2017)

Chapter 2. Establishment, extension, termination and implementation of administrative supervision

Article 6. Procedure for establishing, extending and terminating administrative supervision

Administrative supervision is established by the court on the basis of an application from a correctional institution or internal affairs body, extended by the court on the basis of an application from an internal affairs body, terminated early by the court on the basis of an application from an internal affairs body or a supervised person or his representative, terminated on the grounds provided for in Part 1 of Article 9 of this Federal Law. law.

Article 7. Extension of administrative supervision

Administrative supervision may be extended by the court in the following cases:

1) sentencing of a supervised person to a punishment not related to the isolation of the convicted person from society for committing a crime while under administrative supervision;

2) the supervised person is given a suspended sentence, or with a deferred execution of the sentence, or with a deferred serving of the sentence for committing a crime while under administrative supervision;

3) application of a criminal law measure to a supervised person without isolation from society in connection with the commission of a crime while under administrative supervision;

4) the commission by a supervised person within one year of two or more administrative offenses against the management order, and (or) administrative offenses encroaching on public order and public safety and (or) on public health and public morality, and (or) administrative offenses, provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of the Russian Federation on Administrative Offences.

(Article as amended by Federal Law dated October 1, 2019 No. 331-FZ)

Article 8. Exercising administrative supervision

1. Monitoring of the supervised person’s compliance with the administrative restrictions established in relation to him, as well as his fulfillment of the duties provided for by this Federal Law, is carried out by the internal affairs body at the place of residence, stay or actual location of the supervised person. (As amended by Federal Law No. 102-FZ dated May 28, 2017)

2. The procedure for the implementation of administrative supervision by internal affairs bodies is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs.

Article 9. Termination of administrative supervision

1. Administrative supervision is terminated on the following grounds:

1) expiration of the period of administrative supervision;

2) removal of a criminal record from a supervised person (with the exception of the person specified in Part 21 of Article 3 of this Federal Law); (As amended by Federal Law No. 102-FZ dated May 28, 2017)

3) sentencing a supervised person to imprisonment and sending him to the place of serving the sentence (with the exception of the person specified in Part 21 of Article 3 of this Federal Law); (As amended by Federal Law No. 102-FZ dated May 28, 2017)

4) entry into force of a court decision declaring a supervised person dead;

5) death of a supervised person;

6) termination of the application of compulsory medical measures in relation to the supervised person specified in Part 21 of Article 3 of this Federal Law, if his criminal record has been expunged or removed; (Clause introduced - Federal Law dated May 28, 2017 No. 102-FZ)

7) expungement or expungement of a criminal record, if the use of compulsory medical measures against the supervised person specified in Part 21 of Article 3 of this Federal Law was terminated earlier. (Clause introduced - Federal Law dated May 28, 2017 No. 102-FZ)

2. Administrative supervision may be terminated early by the court on the basis of an application from the internal affairs body or the supervised person or his representative after at least half of the period of administrative supervision established by the court has expired, provided that the supervised person conscientiously complies with administrative restrictions, fulfills the duties provided for by this Federal Law, and is positively characterized by place of work and (or) place of residence, stay or actual location. The court to which the application for early termination of administrative supervision was filed notifies the victim and (or) his representative in writing on the day the application is accepted for consideration. (As amended by federal laws dated December 28, 2013 No. 432-FZ; dated May 28, 2017 No. 102-FZ)

3. If the court refuses to terminate administrative supervision early, a repeated application may be submitted to the court no earlier than six months from the date of the court’s decision to refuse early termination of administrative supervision.

4. In relation to a person who has served a sentence for a crime against the sexual integrity and sexual freedom of a minor, administrative supervision cannot be terminated early.

5. After the termination of administrative supervision, the supervised person is deregistered with the internal affairs bodies.

6. Upon termination of administrative supervision, it is not excluded that the court may again establish administrative supervision in relation to the person specified in Part 1 of Article 3 of this Federal Law, if there is a basis provided for in paragraph 2 of Part 3 of Article 3 of this Federal Law, within the period established by the legislation of the Russian Federation to expunge a criminal record.

Chapter 3. Rights and obligations of a supervised person. Powers of internal affairs bodies in exercising administrative supervision

Article 10. Rights of a supervised person

The supervised person has the right:

1) apply to the court for early termination of administrative supervision, as well as for partial cancellation of administrative restrictions established by the court;

2) appeal court decisions on the establishment or extension of administrative supervision or on the establishment of administrative restrictions related to it;

3) apply to the internal affairs body with an application for permission to stay outside a residential or other premises that is a place of residence or stay, and (or) for a short-term departure outside the territory established by the court in connection with exceptional personal circumstances provided for in Part 3 of Article 12 this Federal Law;

4) appeal against the actions (inaction) of the internal affairs body during the implementation of administrative supervision.

Article 11. Obligations of a supervised person

1. The supervised person is obliged:

1) arrive within the period determined by the administration of the correctional institution to his chosen place of residence or stay after release from places of imprisonment;

2) to appear for registration with the internal affairs body within three working days from the date of arrival at his chosen place of residence or stay after release from prison, as well as after a change of place of residence or stay;

3) appear for registration with the internal affairs body at the place of temporary stay within three days if, due to exceptional personal circumstances provided for in Part 3 of Article 12 of this Federal Law, permission from the internal affairs body to stay outside the residential or other premises that is the place residence or stay, and (or) short-term travel outside the territory established by the court;

4) notify the internal affairs body at the place of temporary stay about leaving for the place of residence, stay or actual location, if the supervised person was at the place of temporary stay due to exceptional personal circumstances provided for in Part 3 of Article 12 of this Federal Law; (As amended by Federal Law No. 102-FZ dated May 28, 2017)

5) notify the internal affairs body at the place of residence, stay or actual

Imposed prohibitions and obligations

The following prohibitions may be imposed on a citizen under administrative supervision (Article 4 of Federal Law No. 64 of 04/06/2011):

to visit certain places;
to attend cultural events;
leaving the house at night;
to travel outside the city, region or country.

In addition, the supervised person is required to report to the Ministry of Internal Affairs up to four times a month. Supervision is established through the court at the request of the administration of the correctional institution.

During the period of supervision, the court has the right to remove or add restrictions and obligations for the citizen.

How and by whom administrative supervision is established for those sentenced to forced labor

In accordance with the changes prescribed in Federal Law No. 331 of October 1, 2019, the period of administrative supervision is now suspended for those citizens who have had part of their unserved prison sentence replaced with forced labor for the duration of this work (the fourth part of Article 5 of Federal Law No. 64 of April 6, 2011) .

Supervision over citizens sentenced to correctional labor, in accordance with Article 60.18 of the Penal Code of the Russian Federation, is carried out by the administration of the correctional center, which monitors and controls the convicts. If the actions of the supervised person may turn out to be illegal, and also threaten the life and health of others or himself, the citizen may be placed in premises for short-term detention of prisoners for up to a day.

Federal Law of April 6, 2011 No. 64-FZ

1. Administrative supervision is established in relation to:

1) persons specified in Part 1 (clauses 1 and 2) of Article 3 of this Federal Law, for a period of one to three years, but not more than the period established by the legislation of the Russian Federation for expunging a criminal record;

3) the persons specified in Part 2.1 of Article 3 of this Federal Law, for the period of imposing compulsory measures of a medical nature, but not less than the period established by the legislation of the Russian Federation for expunging a criminal record.

(The paragraph was additionally included from January 10, 2014 by Federal Law of December 28, 2013 No. 432-FZ.)

3. The period of administrative supervision is calculated in relation to:

1) the person specified in Part 1 of Article 3 of this Federal Law, if there is a basis provided for in paragraph 1 of Part 3 of Article 3 of this Federal Law, and the persons specified in Parts 2 and 2.1 of Article 3 of this Federal Law, from the date of registration with the internal affairs body at the chosen place of residence or stay;

(Clause as amended, put into effect on January 10, 2014 by Federal Law of December 28, 2013 No. 432-FZ - see previous edition.)

4. If a person is assigned a restriction of freedom as an additional type of punishment, as well as when replacing the unserved part of a sentence in the form of imprisonment with a restriction of freedom, the period of administrative supervision is calculated from the day the sentence in the form of restriction of freedom is served.

5. The period of administrative supervision is suspended in the event of:

1) putting a supervised person on the wanted list;

2) recognition of the supervised person as missing;

3) taking the supervised person into custody.

6. After the elimination of the circumstances that served as the basis for suspending the period of administrative supervision, the course of such period continues.

Possibility of extending supervision

Supervision may be extended in the following cases (Article 7 of Federal Law No. 64 of 04/06/2011):

the supervised citizen, during his supervision, committed crimes that do not require imprisonment as punishment : administrative offenses, suspended or deferred sentences, etc.;
a citizen has committed two or more administrative offenses against law and order within a year, or has been caught driving a vehicle while intoxicated twice or more or has refused a medical examination.