Punishment in the form of compulsory work: pros and cons. What types of compulsory work are assigned as an administrative penalty Where to take compulsory work

According to the Criminal Code of the Russian Federation, for certain types of offenses, punishment can be imposed in the form of mandatory or. This measure is one of the mildest, since only a fine can be smaller. But, the offender should understand that in case of non-execution of the sentence, the punishment will be changed to a more severe one, up to and including imprisonment.

Compulsory work as a type of punishment for a criminal offense is regulated by article 49 of the Criminal Code of the Russian Federation. By data is meant the performance of community service by a convict in free time... If the offender does not have a permanent job, then this punishment may take more time than officially employed citizens.

It is important to understand the following - compulsory work is not equal. In the first case, the citizen does not receive material remuneration, but in the second, the deduction to the budget is 5-20% of the earnings during the execution of the punishment.

Mandatory works are classified as follows:

• They can be applied not only to officially workers or students.
• The work should be aimed at obtaining public benefit.
• A convicted person does not have the right to choose a place of work.
• They are not the final type of punishment, therefore, they can be replaced with a more severe one, up to restriction or imprisonment.

Last update: 31.01.

Correctional labor as a form of criminal punishment has been practiced for over 15 years. On the scale of severity, this is the third of the mildest punishments (the most loyal is a fine), the purpose of which is to achieve the correction of the convicted person by bringing him to paid work. What are the conditions for serving such work, in which cases they are assigned and when they can be replaced - read this article.

Correctional work - what is it

The concept and rules for the appointment of this type of punishment are contained in the general part of the Criminal Code of the Russian Federation.

So, in accordance with Art. 50 of the Criminal Code of the Russian Federation, correctional labor involves the work of convicts in a place that is determined by the state criminal executive body (inspection), which subsequently controls the execution of the sentence. If the convicted person was already employed before the verdict was passed, he is allowed to continue working there. When there is no permanent job, they determine the place, in the area of ​​the place of residence, where he will work.

Usually, for the unemployed, municipal organizations are selected where low-paid labor is needed (gardener, janitor, cleaner, loader). The list of such organizations is approved annually by the head of the Penitentiary Inspectorate and the municipality. Sometimes employers may include individual entrepreneurs and also commercial organizations where simple labor is needed.

The total period of such works can range from 2 months to 2 years. It is not forbidden to establish this punishment not only in months, but also in days - this usually happens when other types of punishments are set off.

Example # 1... Podryadin V.L., convicted of committing theft on a large scale, for exemplary behavior, the court replaced the unserved part of his imprisonment (2 months 12 days) with correctional labor. Since the rule of one to three "works" with such a replacement, V.L. it was determined 7 months 6 days of correctional labor.

Unlike compulsory work, when this type of punishment is performed, the convict is paid a salary in accordance with the established tariffs that are adopted in each a separate organization... Part of the salary is paid to convicts, the other part (from 5 to 20%, it will be specifically indicated in the verdict) goes to the state.

Thus, when serving correctional labor, two goals are achieved at once: firstly, the citizen is busy and applies his skills and abilities for the benefit of society, and secondly, the state receives funds.

In practice, situations arise when the defendants themselves want to be assigned correctional labor. Many of these citizens are in constant search of work, but due to low qualifications and / or problems with the law in the past (for example, unreleased convictions), their desire to live by honest labor is not always realized. Often, after the end of the term of work, such persons continue to work in the same place where they served their sentences.

Who can not be assigned

According to the rules established by the Criminal Code, given view punishment may not be defined for all categories of citizens. So, correctional labor cannot be assigned:

1. disabled people of the 1st group;
2. pregnant women;
3. women with children under 3 years old;
4. conscripts;
5. servicemen under the contract.

V jurisprudence there are cases when citizens from the above list were nevertheless assigned correctional labor. Sometimes this was due to a miscarriage of justice. In some cases, the circumstances that exclude the possibility of serving correctional labor under a court sentence became known later. Anyway, upon the occurrence of the listed life events, serving is suspended or canceled.

Example No. 2... Based on the results of the judicial review of the criminal case, a guilty verdict was passed against P.R. Samoilova, who was sentenced to 1 year 6 months of correctional labor with a deduction of 10% in state revenue. After the entry into force of the verdict, a copy of it was received by the inspection, on the day of the conversation, the convict announced that she was in a state of pregnancy, about which she provided a certificate from a doctor. Samoilova P.R. it was explained that she had the right to apply to the court with an application for a postponement of serving her sentence, taking into account the granted sick leave and parental leave. Subsequently, the court granted the application.

Example No. 3... While a copy of the verdict was delivered to the inspectorate, during this period of time A.K. a diagnosis was made, which was the basis for recognizing him as a disabled person of the 1st group. In this regard, he was not allowed to serve his sentence; he was subsequently released from it by the court.

In some cases, when the convicted person was not recognized as disabled, but suffers from a disease that precludes the performance of work, the law provides for the right to apply to the court with a petition for release from punishment:

To the Leninsky District Court of Samara

Convict Mirny M.R., born in 1988,
living in Samara, st. Kunitsyna, 4

Petition
On release from further serving the sentence

By the verdict of Leninsky district court of Samara on 09.21.2020 I was convicted under Part 2 of Art. 159 of the Criminal Code of the Russian Federation to 1 year of correctional labor with a deduction of 5% in state revenue. In this regard, since October 1, 2020, I have been registered with the Penal Inspectorate for the Leninsky District of Samara, I started working at the Forestry Municipal Unitary Enterprise in accordance with the direction issued to me, from 10/03/2020.

On 10/20/2020 I felt unwell, the examination revealed a chronic disease - diabetes mellitus of the 4th degree, which excludes the possibility of work of any nature.

In connection with my diagnosis, further execution of the sentence in the form of correctional labor is considered impossible.

Based on Part 4 of Art. 42 of the Criminal Executive Code of the Russian Federation,

To release me from further serving a sentence of correctional labor in connection with a serious illness.

Attachment: medical documents on 10 pages, a certificate from the UII about the remaining term of the unserved sentence, a copy of the verdict (if there is no verdict on hand, the petition can contain a request to the court to request it).

Convicted Mirny M.R., date, signature.

Such a request is considered by the court in the presence of a prosecutor and a representative of the inspection. In addition, the applicant has the right to invite a lawyer.

Note that there is a rule of three days, during which judges are required to send a copy of the verdict to the inspectorate. In practice, it is not always respected, therefore, within a certain period, when the sentence has already entered into legal force, but has not yet been accepted for execution, important events in a person's life may occur, affecting the possibility of performing work.

Question:
Can persons under the age of 18 serve this type of sentence?

Answer: Yes, the criminal law permits the assignment of correctional labor to minors, while the maximum possible term of serving is limited to one year.

It is known that criminal responsibility for some crimes can come from the age of 14. If correctional labor is assigned to children whose age corresponds to 14-15 years, then the execution of such punishment can only be taking into account the rules labor legislation... So, citizens of this age category can be involved in light work with permission legal representatives... The rest of the minors (from 16 to 18 years old) are involved in labor for general grounds, taking into account the truncated maximum term.

Order of serving

So, after the verdict comes into legal force, a copy of it is sent to the criminal executive inspectorate - government agency the district level, whose employees are directly involved in the procedure for the execution of all types of punishment, except for imprisonment.

The convicted person is put on a special account at the Criminal Execution Inspectorate (UII), a personal file is opened on him. The procedure for the execution of punishment in the form of correctional labor presupposes:

1. Initial visit to the convicted person at the place of residence by the inspector. This is done in order to serve the citizen with a summons indicating the date and time when he will be obliged to appear at the Penitentiary Inspectorate, which is obliged to bring him to work no later than 30 days from the date of receipt of a copy of the verdict.
2. On the day of the convict's appearance, a conversation is held with him, during which he is explained the rights and obligations, all the circumstances that are important for serving the sentence are clarified. So, one of these circumstances may be the convict's ability to work. If he has any illness that prevents serving, this fact must be checked by the inspector.

   Example No. 4... Vlasov E.A. was repeatedly convicted, served a sentence in places of deprivation of liberty. According to the verdict of 03/17/2020, he was assigned corrective work, since for the crime he committed, there was no other type of punishment provided for by the Criminal Code. Over the many years that E.A. Vlasov spent behind bars, he developed tuberculosis of the last stage, the corresponding diagnosis was made, in the presence of which it is impossible to work at all. Having received the appropriate conclusion of the commission of doctors, the inspector applied to the court to replace the punishment with another form.

3. The convicted person is given a referral to a certain organization included in the list of those specially provided for serving a sentence, after which the person under record must appear within 5 days for employment. In such a written direction, the name of the organization, contact phone number, address, time and date for attendance are indicated. The issue of employment should be resolved taking into account the characteristics of the citizen, his physical data, gender, the presence or absence of diagnoses.

   Example No. 5... Ivanov G.E., suffering from asthma, served correctional labor, was a loader. Earlier, the court refused to satisfy the petition for release from serving the sentence in connection with illness, since the doctors' conclusion did not contain a prohibition to work, and also G.E. Ivanov. there was no disability. Ivanov G.E. turned to the inspector with an application for transfer to another position, since the physically hard work of a loader for him is a factor aggravating the course of the disease. In the organization where the convict was serving his sentence, there was a vacancy for the irrigator, where he was transferred.

4. On the appointed day, the inspector calls up with the organization to which the convicted person was supposed to appear according to the order and, thus, fixes the beginning of work.
5. The inspector receives monthly information (report card), which indicates the number of hours worked by the convicted person, as well as the amounts deducted to the state income. A record of the served sentence is kept, subsequently a mark is made about the end of the term.

Question:
What if the convicted person does not like the job offered?

Answer: The law states that a citizen has no right to choose or refuse the proposed type of work without good reason. Note that the organization to which the convicted person was sent has no right to groundlessly refuse to hire; for this, its head may be held accountable.

If, during the period of serving the sentence, the financial situation of the convicted person has deteriorated sharply for any reason (the presence of dependents, the payment of alimony, the state of health, the destruction or damage of property, etc.), he can apply to the court with a statement to reduce the amount of interest determined by the verdict ... Also, both the inspectorate and the employer can apply to the court with such a proposal, but, based on practice, such cases practically do not exist.

Question:
Can a sick leave or vacation be issued for the job that is determined by the bodies of the penal enforcement authority?

Answer: Yes, the law allows a working convict to go "on sick leave" if there is an official confirmation of the state of health. In addition, a citizen serving a sentence of correctional labor is entitled to leave, which is 18 days.

After the end of the term of serving, the convicted person is removed from the register at the inspectorate, but within one year from this date he is considered a convicted person.

Supervisory authorities and their powers

Employees of the criminal executive inspectorate strictly control the behavior of convicts who have been sentenced to a non-custodial sentence, including correctional labor. Job responsibilities inspectors are described in some detail in the penal legislation:

1. conduct general control over the behavior of all registered convicts, including those convicted to work;
   2. monitor the observance of the term established by law - 30 days, during which the convicted person must begin serving correctional labor;
2. check the daily attendance at work and the absence of absenteeism on the part of the persons under account, periodically (2-3 times a week) by phone calls or personal visits to the place of detention;
3. take measures to obtain reliable information confirming failure to appear for work for valid reasons. For example, temporary incapacity for work must be confirmed by a sick leave, and if there is none, then failure to appear will be recognized as the fact of evasion from work. Note that in the presence sick leave temporary disability benefit is calculated from the full salary, excluding deductions;
4. reconcile data on the deduction of money from earnings provided by the administration of the organization where the sentence is being served with the money actually received into the state account. At the same time, the amount from which the percentage is deducted to the state includes not only salary and allowances, but also social benefits, as well as other social Security in monetary terms, except for insurance.
5. send requests to various organizations (SIZO, hospitals, FMS, etc.) as part of the work to find the whereabouts of the convict, if, for example, he does not appear at the inspection, does not get in touch, does not live at the address indicated in the verdict, etc. .d.

In addition, it is the employees of the inspectorate who apply measures of responsibility to those convicts who do not want to serve their sentences.

In addition to inspection, the following are always connected to control:

1. prosecutor's office- a supervising body, whose employees, at least once a quarter, check all the personal files of convicts and the conditions for serving correctional labor. If the actions of the employees of the inspectorate reveal violations of the criminal executive legislation, the prosecutor makes a submission to the head of the criminal executive inspectorate, which contains a requirement to bring the officers of the Federal Penitentiary Service to disciplinary responsibility.
2. Police, the PDN department (in relation to juvenile convicts) is called upon to help the inspectors of penitentiary institutions, such a duty is directly stipulated both in the Criminal Executive Code of the Russian Federation and in interdepartmental orders of the Federal Penitentiary Service and the Ministry of Internal Affairs. In addition, Article 12 Federal Law"On the Police" empowers police officers with the rights and obligations to monitor the behavior of convicts registered with the Penitentiary Institute, and, if necessary, take appropriate measures. So, one of the powers of a police officer is to draw up a request to send material against a convicted person to court for replacement with a more severe punishment.

   Example No. 6... Romanov E.K. was sentenced to correctional labor for a period of 1 year, with a deduction of 10% from earnings to the state. Romanov K.E. repeatedly violated the order of serving the sentence, for which he was warned in writing about responsibility. Subsequently, during a raid, a local police officer stopped a citizen whose behavior spoke of alcohol or drug intoxication. This person turned out to be K.E. Romanov, who drank alcohol on a working day and did not go to work. The district police officer detained K.E. Romanov. for committing administrative offense(being in public place intoxicated) and sent to the Penitentiary Institute a petition to replace correctional labor with imprisonment in view of K.E. Romanov. violations. Subsequently, this request was granted by the court.

3. Enterprise administration where the convicted person fulfills his sentence. It is on her that the law is entrusted with direct control at the workplace: a time sheet is drawn up, which indicates the presence at work and the number of hours worked; labor protection is ensured, absenteeism and violations by the employed are not only noted in special form, but are also brought to the attention of the UII inspector.

Responsibility for evasion from serving

Approximately one tenth of all those sentenced to this type of punishment deliberately avoids work and even hides from inspection. A violation is:

• ignoring the referral to the organization for employment - when the convicted person refuses to start serving the assigned sentence at all (a situation is considered a refusal when the citizen did not appear to be employed for more than 5 days after receiving the referral);
• failure to appear at the inspection - when the convicted person is summoned to the Penitentiary Institute for registration, but ignores the summons;
• truancy - even a single failure to appear is regarded as a gross violation of the order of serving;
• appearance at work in a state of intoxication (any: both alcoholic, narcotic, and toxic).

If the convicted person committed one of the listed violations for the first time, then the following measures of responsibility are applied to him:

1. written warning... The convicted person is officially warned against signature that repeated violation correctional labor can be replaced with another, more severe punishment. The inspector fills in specially provided by the Instruction form, which indicates what kind of violation of the order the convicted person committed and, accordingly, a reminder of a possible substitution for another type of punishment.Despite the simple written form, such a warning often has a strong enough effect on the convicted person, who was made clear that it is possible to be deprived of liberty.
2. the imposition of an additional obligation to appear twice a month to the inspector of the UDI... The measure is less effective than the previous one, but so is the control over the behavior of the convict from the outside law enforcement becomes more effective, since the inspector more often sees the convict, talks to him, answers questions related to the execution of the sentence, therefore, prevention is carried out.

If a citizen registered with the inspectorate, who needs to serve correctional labor, violates the order and conditions of serving the sentence two or more times, a more severe measure of responsibility may be applied to him - sending a submission to the court to replace this type of punishment with imprisonment. The law provides for the possibility of replacing corrective labor with forced labor, but due to the fact that this type of punishment is not currently practiced in Russia, only imprisonment remains.

The procedure for replacing the punishment is as follows.

• the inspector prepares a submission in which he reflects all violations on the part of the convict, the adoption of measures of influence against him, attaches a time sheet, which indicates omissions for unjustified reasons or documents confirming being intoxicated, etc.;
• the convicted person is introduced to this presentation, after which it is sent to the court that passed the sentence;
• the court appoints the date of consideration of the court session, the inspector and the convicted person are notified of the day and time of consideration of the submission;
• participation in the court session of both the convicted person and the inspector, as well as the prosecutor is obligatory; the court may appoint a lawyer to a citizen at his request;
• if there are sufficient grounds, the court replaces correctional labor with imprisonment, at the rate of 1 day of isolation = 3 days of correctional labor.

Example No. 7... E.P. Kurochkina he was sentenced to correctional labor for a period of 9 months, of which he served 3 months, after which he stopped coming to work. He was twice warned about a possible change in the type of punishment, but Kurochkin continued to lead an antisocial lifestyle, appeared at work in a state of intoxication. The inspectorate sent a submission to the court, in which it pointed out all these facts, in this regard, the court determined imprisonment for a period of 2 months in a correctional colony (the remaining 6 months of corrections = 2 months of imprisonment).

As we have already noted, the offender himself must be present at the hearing. At the same time, in practice, situations arise when the convict is nowhere to be found - neither at the place of residence, nor at his relatives, there is no information about him in official institutions (for example, the FMS does not have data on the place of registration). It turns out that the offender calmly continues to evade the execution of the sentence, but it is impossible to replace his punishment in his absence. In such situations, the inspectorate prepares documents for declaring a citizen on the wanted list. Subsequently, within 24 hours after his arrest, the court will consider the issue of placing him in a pre-trial detention center for up to 30 days, during which the submission of a replacement will also be considered.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

110 comments

Correctional and compulsory labor radically different from each other and are separate types punishments, which have their own characteristics, are assigned for different periods, and entail special consequences, due to the evasion of the convict from these works.

general information

According to article 49 of the Criminal Code of the Russian Federation, the essence of these works is that a person convicted by a court sentence does not, he continues to study or work, lives in the same place, but free from work or another daily activities is obliged to perform socially useful work free of charge.

When passing a sentence, the court does not indicate in it what kind of work the convicted person should be engaged in. For him it are decided by local governments, who will agree on the order for the convicted person together with the criminal correctional inspectorate.

As a rule, the work to be performed by the convict, related to improvement settlement where he lives.

He will have to remove garbage, do earthworks, carry out landscaping, plant seedlings, take part in the repair of roads, bridges, houses.

Naturally, here we are not talking about any complex and responsible work. The convict will carry out all the work that he may entrust to handymen. She is unskilled and heavy.

This includes cleaning the area around apartment buildings, as well as landings in the entrances of these houses, cleaning basements and attics. The convict may be forced to repair such systems communal services like sewerage as well as water supply systems. It can also be assigned loading and unloading operations.

If a convicted person does not study and work anywhere, this does not mean that it cannot be applied to him. this type of punishment... During court sessions the court will be obliged to establish his ability to work. It may turn out that he cannot perform certain types of heavy work for health reasons. In this case, another one will be applied to it.

Peculiarities

The peculiarities of this type of punishment are that, firstly, it allows the convicted person not to break away from society.

His everyday life undergoes small changes that relate to the need to allocate some time for the performance of mandatory work.

Secondly, the convict, while serving compulsory work, seems to change the time spent in places of deprivation of liberty for the time of serving compulsory work. Moreover, there is a very favorable tariff for him: 8 hours of such work per day of imprisonment.

Only the time that the convicted person could work while in prison is taken into account.

But it is obvious that the remaining 16 hours in jail, which the convicted person could spend after work, you cannot name rest and pleasant pastime.

Who are assigned?

This punishment is imposed on persons committed a small criminal offense and moderate.

But their it is forbidden to appoint for the following categories of persons:

• women who are at any stage of pregnancy, as well as who have children under three years of age;
• persons with disabilities of the first group;
• conscripts who pass conscript service, as well as contract servicemen who, at the time of the imposition of punishment, have not completed their assigned term of service.

On what period?

It was stated above that the court, when passing a sentence, does not indicate the type of compulsory work. Only their size is established in the verdict.

Minimum size that the defendant can count on - 60 hours of this work, maximum - 480 hours.

If the court establishes the term for these works on a combination of various crimes, then the final amount of work cannot be higher than that established in the Criminal Code. If the number of hours of compulsory labor in the sentence is greater, than 480 hours, then this verdict will be considered illegal.

What happens in the event of malicious evasion?

Convicted in mandatory familiarize with the internal regulations of the organizations where he will have to work and be accountable for his work.

For him make up schedule on which it will work. All hours worked by him strictly are recorded and monitored.

The local self-government body, organization, enterprise where the convicted person will work are obliged to familiarize him with safety precautions and monitor its implementation.

How the convict works, how many hours he worked, his behavior and cases of evasion are reported in criminal correctional inspectorate... If the convicted person commits violations or evades serving the sentence, then he is warned that this type of punishment can be replaced by another.

If he does not respond to warnings and admits malicious evasion, then the criminal correctional inspectorate sends a submission to the court with a petition to change the type of punishment.

What does the legislator mean by malicious evasion?

This concept means absenteeism more than two times during the month for the scheduled work without good reason and also if labor discipline was violated more than two times during the month.

And, finally, if the convicted person hid from carrying out the punishment assigned to him and about his location, nothing is known either to the administration of the institution where he was assigned work, or to the criminal correctional inspectorate. He might be detained for up to two days, and by a court decision, this period may be extended by a month.