of January 8, 1997 No. 1-FZ
Accepted by the State Duma of the Russian Federation on December 18, 1996
Approved by Council of the Russian Federation on December 25, 1996
1. The criminal and executive legislation of the Russian Federation has the purposes correction of convicts and the prevention of making of new crimes as condemned, and other persons.
2. Tasks of the criminal and executive legislation of the Russian Federation are regulation of procedure and conditions of execution and serving of punishments, determination of cures of convicts, protection of their rights, freedoms and legitimate interests, rendering to convicts the help in social adaptation.
1. The criminal and executive legislation of the Russian Federation consists of of this Code and other Federal Laws.
2. The criminal and executive legislation of the Russian Federation establishes general provisions and the principles of execution of punishments, applications of other measures of criminal and legal nature provided by the Criminal Code of the Russian Federation; procedure and conditions of execution and serving of punishments, use of cures of convicts; procedure for activities of the organizations and bodies performing punishments; procedure for participation of public authorities and local government bodies, other organizations, public associations, and also citizens in correction of convicts; procedure for release from punishment; procedure for assistance to the exempted persons.
1. The criminal and executive legislation of the Russian Federation and practice of its application are based on the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation which are component of system of law of the Russian Federation including on strict observance of guarantees of protection against tortures, violence and another the cruel or degrading human dignity treatment of convicts.
2. If the international treaty of the Russian Federation establishes other rules of execution of punishments and the treatment of convicts, than provided by the criminal and executive legislation of the Russian Federation, then rules of the international treaty are applied.
3. Voided
4. Recommendations (declaration) of the international organizations for execution of punishments and the treatment of convicts are implemented in the criminal and executive legislation of the Russian Federation in the presence of necessary economic and social opportunities.
Federal executive bodies have the right to adopt the regulatory legal acts based on the Federal Law concerning execution of punishments.
1. Punishments of the condemned military personnel are performed according to this Code, other Federal Laws and other regulatory legal acts, and also rules of serving of criminal penalties by the condemned military personnel approved by the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense in coordination with the Prosecutor General's Office of the Russian Federation.
2. The condemned military personnel serves sentences and passes military service in accordance with the legislation of the Russian Federation. The restrictions provided by the regulatory legal acts specified in part one of this Article extend to them.
1. The criminal and executive legislation of the Russian Federation is applied in all territory of the Russian Federation.
2. Execution of punishments, and also use of cures of convicts and assistance to the exempted persons are performed according to the legislation existing during their execution.
The bases of execution of punishments and application of other measures of criminal and legal nature are the sentence or the changing its determination or the court order which took legal effect, and also the act of pardon or the act of amnesty.
The criminal and executive legislation of the Russian Federation is based on the principles of legality, humanity, democratism, equality of convicts before the law, differentiation and individualization of execution of punishments, rational application of enforcement measures, cures of convicts and stimulation of their right obedient behavior, connection of punishment with corrective impact.
1. Correction of convicts is forming at them of respect for the person, society, work, regulations, rules and traditions of human community and stimulation of right obedient behavior.
2. Fixed assets of correction of convicts are: established procedure of execution and serving sentence (mode), educational work, socially useful work, receipt of the general education, professional training and public impact.
3. Cures of convicts are applied taking into account type of punishment, nature and degree of public danger of the committed crime, the identity of convicts and their behavior.
1. The Russian Federation respects and protects the rights, freedoms and legitimate interests of convicts, provides legality of application of means of their correction, their legal protection and personal security in case of execution of punishments.
2. In case of execution of punishments to convicts the rights and freedoms of citizens of the Russian Federation with withdrawals and restrictions set by penal, criminal and executive and other legislation of the Russian Federation are guaranteed. Convicts cannot be exempted from execution of the civil obligations, except the cases established by the Federal Law.
3. Convicts are foreign citizens and stateless persons have the rights and perform duties which are established by international treaties of the Russian Federation, the legislation of the Russian Federation on legal status of foreign citizens and persons without citizenship, with the withdrawals and restrictions provided by penal, criminal and executive and other legislation of the Russian Federation.
4. The rights and obligations of convicts are determined by this Code proceeding from procedure and conditions of serving of specific type of punishment.
1. Convicts shall fulfill the duties of citizens of the Russian Federation established by the legislation of the Russian Federation, respect the ethical rules of behavior, the requirement of sanitation and hygiene accepted in society.
2. Convicts shall observe requirements of the Federal Laws determining procedure and conditions of serving of punishments, and also regulatory legal acts adopted according to them.
3. Convicts shall fulfill legal requirements of administration of the organizations and bodies performing punishments.
4. Convicts shall treat the personnel, other persons visiting the organizations performing punishments and also to other convicts politely.
5. Convicts shall be on challenge of administration of the organizations and bodies performing punishments and to offer explanations concerning execution of requirements of sentence. In case of absence the convict can be subjected to the forced drive.
6. Non-execution by convicts of the obligations assigned to them, and also failure to carry out of legal requirements of administration of the organizations and bodies performing punishments attract the responsibility established by the law.
1. Convicts have right to be informed about the rights and obligations, about procedure and about conditions of serving of the penalty imposed by court of type. The administration of the organization or body performing punishments shall provide to convicts the specified information, and also acquaint them with changes of procedure and conditions of serving of punishments.
2. Convicts have the right to the polite address from personnel of the organization performing punishments. They shall not be exposed to the cruel or degrading human dignity address or collection. Enforcement measures can be applied to convicts precisely based on the law.
3. Convicts irrespective of their consent cannot be subjected to the medical, scientific or other experiences connected with testing of medicines, new methods of diagnostics, prevention and treatment of diseases, and also carrying out biomedical researches.
4. Convicts have the right to address with offers, statements and claims administration of the organization or body performing punishments in higher bodies of management of the organizations and bodies performing punishments (further - higher bodies), court, bodies of prosecutor's office, public authorities and local government bodies, to the Commissioner for Human Rights in the Russian Federation, the Comissioner for the President of the Russian Federation by the child's rights, the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs, the Commissioner for Human Rights in the subject of the Russian Federation, to the Ombudsman for Children in the subject of the Russian Federation, to the representative for protection of the rights of entrepreneurs in the subject of the Russian Federation, in public monitoring commissions, public associations, and also according to international treaties of the Russian Federation in interstate bodies for protection of human rights and freedoms.
5. Convicts - citizens of the Russian Federation offer explanations, correspond, and also address with the offers specified in part four of this Article, statements and claims in state language of the Russian Federation or at will in state language of the subject of the Russian Federation in the place of serving sentence. The condemned foreign citizens and persons without citizenship have the right to offer explanations and to correspond, and also to address with the offers specified in part four of this Article, statements and claims in the native language or in any other language which they know, and in necessary cases to use translation service. Answers are given to convicts in address language. In the absence of opportunity to give the answer in address language it is given in state language of the Russian Federation with the transfer of the answer to address language provided with the organization or body performing punishments.
6. Convicts have the right to health protection, including receipt of primary medical and sanitary and specialized medical care in out-patient and polyclinic or stationary conditions depending on the medical certificate.
6.1. Convicts have the right to psychological assistance given by the staff of psychological service of correctional facility and other persons having the right to rendering such help. Participation of convicts in the actions connected with rendering psychological assistance is performed only from their consent.
7. Convicts have right to social insurance, including to receipt of pensions and social benefits, in accordance with the legislation of the Russian Federation.
8. For receipt of legal aid convicts can use services of lawyers, and also the other persons having the right to rendering such help.
9. Convicts to forced labor, arrest or imprisonment - foreign citizens have the right to keep in contact with diplomatic representations and consular establishments of the states in the Russian Federation, and citizens of the states which do not have diplomatic representations and consular establishments in the Russian Federation - with diplomatic representations of the states which undertook protection of their interests or with the interstate bodies which are engaged in protection of the specified convicts.
10. The procedure of the rights of convicts is established by this Code, and also other regulatory legal acts.
11. When implementing the rights of convicts shall not be violated procedure and conditions of serving of punishments, and also to be infringed the rights and legitimate interests of other persons.
1. The person condemned to imprisonment and serving sentence in correctional facility in case of violation of conditions of its content in correctional facility, stipulated by the legislation the Russian Federation and international treaties of the Russian Federation, has the right to take a legal action according to the procedure, established by the Code of administrative legal proceedings of the Russian Federation, with the administrative action for declaration to the Russian Federation about award at the expense of treasury of the Russian Federation of compensation for such violation.
2. Compensation for violation of conditions of keeping of the convict in correctional facility is awarded proceeding from requirements of the applicant taking into account the actual circumstances of the allowed violations, their duration and effects and does not depend on availability or lack of fault of public authority, organization, their officials, government employees.
3. The award of compensation for violation of conditions of keeping of the convict in correctional facility does not interfere with indemnification according to Articles 1069 and 1070 of the Civil code of the Russian Federation. The award of compensation for violation of conditions of keeping of the convict in correctional facility deprives the interested person of entitlement to compensation of moral harm for violation of conditions of keeping in correctional facility.
1. Convicts have the right to personal security.
2. In case of threat of personal security of the convict he has the right to file petition to any official of the organization performing punishments in the form of forced labor, arrest or imprisonment with request for ensuring personal security. In this case the specified official shall take without delay measures for ensuring personal security of the addressed convict.
3. The chief of the organization performing the types of punishments specified in part two of this Article according to the statement of the convict or on own initiative makes the decision on transfer of the convict to the safe place or other measures eliminating threat of personal security of the convict.
4. Security measures concerning the convict who is the participant of criminal trial are performed by the chief of the organization or body performing punishment based on the motivated resolution (determination) of court, the prosecutor, the investigator, body of inquiry and the investigator.
1. Liberty of conscience and religious liberty are guaranteed to convicts. They have the right to practise any religion or not to practise any religion, to freely choose, have and extend religious beliefs and to be effective according to them.
2. Implementation of right to liberty of conscience and religious liberty is voluntary, at the same time regulations of the organization performing punishments shall not be violated and also to be infringed the rights of other persons.
3. Voided
4. To convicts to forced labor, arrest, content in disciplinary military unit or to imprisonment at their request the priests belonging to the religious associations registered in accordance with the established procedure at the choice of convicts are invited. Personal meetings are provided without restriction of their number with duration till two o'clock everyone with observance acting in the territory of the organization performing punishment, regulations in the presence of the representative of administration of organization. According to the statement of the convict and from written consent of the priest the personal meeting, including for holding religious practices and ceremonies, is provided alone and outside the audibility of the third parties with use of technical means of video surveillance. In the organizations performing punishments, holding religious practices and ceremonies, use of cult objects and religious literature is allowed to convicts. For this purpose the administration of the specified organizations in the presence of opportunity allocates the respective building (construction, the room) in the territory of the organization performing punishment and provides the corresponding conditions determined by agreements on interaction with the centralized religious organizations registered in accordance with the established procedure.
4.1. For the purpose of providing liberty of conscience and religious liberty of convicts in the organizations performing punishments, the federal body of criminal executive system concludes with the centralized religious organizations of the agreement on interaction registered in accordance with the established procedure. Territorial authorities of criminal executive system according to the agreements on interaction with the centralized religious organizations registered in accordance with the established procedure having the right to sign in coordination with federal body of criminal executive system specified by agreements. The requirements to contents of agreements on interaction obligatory for inclusion in the specified agreements, affirm the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of execution of criminal penalties.
5. Voided
6. Opportunity to make all necessary religious practices and ceremonies with the invitation of priests is provided to seriously ill convicts, and also the convict to capital punishment before execution of sentence at their request.
7. The convicts serving sentence in the form of arrest and also in the form of imprisonment in prisons, corrective colonies of special regime for the convicts leaving lifelong imprisonment hold religious practices and ceremonies in cameras, and in the presence of opportunity - in the respective buildings (constructions, rooms) in the territory of the organization performing punishment. The convicts serving sentence in strict conditions in corrective colonies of special regime hold religious practices and ceremonies in rooms of chamber type, and in the presence of opportunity - in the respective buildings (constructions, rooms) in the territory of the organization performing punishment. The convicts serving sentence in strict conditions in corrective labor colonies of the strict and general modes hold religious practices and ceremonies in the locked rooms, and in the presence of opportunity - in the respective buildings (constructions, rooms) in the territory of the organization performing punishment. The convicts serving sentence in strict conditions in educational colonies hold religious practices and ceremonies in the isolated premises locked in time, free from study or work, and in the presence of opportunity - in the respective buildings (constructions, rooms) in the territory of the organization performing punishment. The convicts serving sentence in the regular and facilitated conditions in corrective labor colonies of the special, strict and general modes, the convicts serving sentence in the regular, facilitated and preferential terms in educational colonies hold religious practices and ceremonies in premises or the respective buildings (constructions, rooms) in the territory of the organization performing punishment. To the convicts installed to the penal isolation center, the disciplinary insulator, transferred to rooms of chamber type, single rooms of chamber type and solitary confinements at their request priests are invited. Convicts, the leaving forced labor, hold religious practices and ceremonies in the respective buildings (constructions, rooms) in the territory of correction center. To the convicts installed to the room for violators at their request priests are invited. The convicts who are in medical correctional facilities, treatment and prevention facilities hold religious practices and ceremonies in premises, and in the presence of opportunity - in the respective buildings (constructions, rooms) in the territories of the specified organizations.
1. Convicts can direct offers, applications, petitions and claims according to the Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" and other legal acts of the Russian Federation taking into account requirements of this Code.
2. Offers, statements, petitions and claims of convicts to arrest, content in disciplinary military unit, to imprisonment, to capital punishment can be stated in oral and written forms.
3. The direction of offers, statements, petitions and claims of convicts to arrest, content in disciplinary military unit, to imprisonment, the capital punishment addressed in the bodies specified in part four of article 12 of this Code, and receipt of answers to these offers, statements, petitions and claims are performed through administration of the organizations and bodies performing punishments. Convicts to other types of punishments direct offers, applications, petitions and claims independently.
4. Offers, statements, petitions and claims of convicts to arrest, content in disciplinary military unit, to imprisonment, capital punishment addressed to the President of the Russian Federation in chambers of Federal Assembly of the Russian Federation, the Government of the Russian Federation, legislative (representative) bodies of subjects of the Russian Federation, executive bodies of subjects of the Russian Federation, court, bodies of prosecutor's office, higher bodies of criminal executive system and to their officials, the Commissioner for Human Rights in the Russian Federation, the Comissioner for the President of the Russian Federation by the child's rights, the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs, the Commissioner for Human Rights in the subject of the Russian Federation, to the Ombudsman for Children in the subject of the Russian Federation, to the representative for protection of the rights of entrepreneurs in the subject of the Russian Federation, in the public monitoring commissions formed in accordance with the legislation of the Russian Federation, and also addressed according to international treaties of the Russian Federation in interstate bodies for protection of human rights and freedoms, and answers to them to censorship are not subject. The specified offers, statements, petitions and claims no later than one working day are transferred to telecom operators for their delivery on accessory.
5. Offers, statements and claims of convicts concerning decisions and actions of administration of the organizations and bodies performing punishments do not stop execution of these decisions and these actions.
6. Bodies and officials which directs offers, applications and claims of convicts shall consider them in the terms established by the legislation of the Russian Federation and bring the made decisions to the attention of convicts.
1. Mulctary punishment is performed by judicial police officers-contractors at the place of residence (work) of the convict.
2. Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is performed by criminal and executive inspectorate for the residence (work) of the convict, correctional facility or disciplinary military unit. Requirements of sentence about deprivation of the right to hold certain positions or to be engaged in certain activities are performed by administration of the organization in which the convict works, and also bodies, competent according to the law to cancel permission to occupation the related activity.
3. Punishment in the form of deprivation of special, military or honorary title, the class rank and the state awards is performed by the court which pronounced sentence. Requirements of sentence about deprivation of special, military or honorary title, the class rank and the state awards are performed by the official who gave the rank, the class rank or awarded with the state award, or relevant organs of the Russian Federation.
4. Punishment in the form of obligatory works is performed by criminal and executive inspectorate for the residence of the convict.
5. Punishment in the form of corrective works is performed by criminal and executive inspection.
6. Voided
7. Punishment in the form of restriction of freedom is performed by criminal and executive inspectorate for the residence of the convict.
7.1. Punishment in the form of forced labor is performed by correction center.
8. Punishment in the form of arrest is performed by the arestny house.
9. Custodial sanction is performed by colony settlement, educational colony, medical correctional facility, corrective labor colony of general, high or particular treatment or prison, and concerning persons specified in article 77 of this Code, the pre-trial detention center.
10. Punishment in the form of lifelong imprisonment is performed by corrective colony of special regime for the convicts leaving lifelong imprisonment.
11. Punishment in the form of capital punishment is performed by organizations of criminal executive system.
12. Concerning the military personnel of punishment are performed by military police of the Armed Forces of the Russian Federation: content in disciplinary military unit - in the disciplinary military units which are specially intended for this purpose; arrest - on guardrooms. Restriction on military service is performed by command of military units in which the military personnel serves (further - command of military units).
13. Conditionally convicts are under control of criminal and executive inspections which also exercise control of application of the enforcement powers of medical nature appointed according to part vtoroy.1 article 102 of the Criminal Code of the Russian Federation. For conditionally condemned military personnel control is exercised by command of military units.
14. The organizations specified in parts four, the fifth, seventh, seventh. 1, the eighth, ninth and tenth this Article, are organizations of criminal executive system.
About arrival the administration of the organization or body performing punishments condemned to the place of serving sentence shall no later than 10 days from the date of arrival send the notification to one of relatives of the convict at its choice, and also the victim or his legal representative in the presence in the personal record of the determination condemned copies or court orders about the notification of the victim or his legal representative.
1. To convicts to the forced labor, arrest, imprisonment suffering from the mental disturbances which are not excluding sanity, the organizations performing the specified types of punishments by a court decision apply enforcement powers of medical nature.
2. If during serving of the types of punishments specified in part one of this Article it is determined that the convict suffers from the mental disturbance which is not excluding sanity which is connected with danger to itself or other persons, the administration of the organization performing the specified types of punishments takes to court idea of application to such convict of enforcement powers of medical nature.
3. To convicts to the punishments specified in part one of this Article, sick alcoholism, drug addiction, toxicomania, the HIV-positive convict, and also the convict sick with open form of tuberculosis or not completed full course of treatment of venereal disease, the organization performing the specified types of punishments according to the decision of medical commission applies obligatory treatment.
4. Condemned for making aged 18 years of crime against sexual integrity and sexual freedom, serving custodial sanction, administration of the organization performing punishment not later than six months before the serving sentence expiration are more senior, or in case of receipt of the petition for parole from serving sentence or about replacement of unexpired part of punishment with softer type of punishment, or before introduction of idea of replacement of unexpired part of punishment with softer type of punishment shall suggest to undergo survey of doctors by the commission - psychiatrists for the solution of question of availability or on lack of disorder of sexual preference (pedophilia) at it and determination of the measures of medical nature directed to improvement of its mental condition, the prevention of making of new crimes by it and performing the corresponding treatment. The basis of survey of the convict by the commission of psychiatrists is the voluntary appeal of such convict to administration of the organization performing punishment, or the consent of such convict. The administration of the organization performing punishment shall provide carrying out survey of the convict by the commission of psychiatrists and application to it the measures of medical nature appointed by results of this survey. The next survey of the convict is carried out at the initiative of the attending physician including in case the attending physician in the course of treatment comes to conclusion about need of change of measures of medical nature or the termination of their application. Treatment can be stopped by administration of the organization performing punishment based on the petition of the convict who is on treatment. Provisions of this part do not extend to the convict to whom enforcement powers of medical nature in connection with the mental disturbance revealed at it which is not excluding sanity are by a court decision applied.
1. Initial search actions concerning convicts to punishments in the form of obligatory works, corrective works, restriction of freedom, and also conditionally the convicts condemned with delay of serving sentence, evading from control of criminal and executive inspections are performed by criminal and executive inspection.
2. The announcement of search of convicts to punishments in the form of obligatory works, corrective works, restriction of freedom, and also conditionally the convicts condemned with delay of serving sentence, evading from control of criminal and executive inspection is performed by operational divisions of criminal executive system.
3. Operational search activities in case of execution of the punishments which are not connected with isolation of convicts from society are performed by operational divisions of criminal executive system independently, operational divisions of criminal executive system in interaction with operational divisions of other state bodies determined by the Federal Law of August 12, 1995 No. 144-FZ "About operational search activities" within their competence and operational divisions of other state bodies determined by the Federal Law of August 12, 1995 No. 144-FZ "About operational search activities" within their competence.
Federal bodies of the government exercise control of activities of the organizations and bodies performing punishments. The procedure of control is regulated by the legislation of the Russian Federation.
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