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Ministry of Justice

Russian Federation

On June 25, 2009 No. 14140

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of May 20, 2009 No. 142

About approval of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society

(as amended on 22-08-2014)

According to the Penal Code of the Russian Federation (The Russian Federation Code, 1997, N 2, 198) and for the purpose of enhancement of work of criminal and executive inspections I order to the Art.:

1. Approve the enclosed Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society.

2. To provide to Federal Penitentiary Service (G. A. Korniyenko) execution of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society.

3. Recognize invalid orders of the Ministry of Justice of the Russian Federation of April 12, 2005 N 38 "About approval of the Instruction about procedure for execution of punishments and measures of criminal and legal nature without isolation from society" (it is registered by the Ministry of Justice of the Russian Federation on April 25, 2005, registration N 6542); of August 17, 2005 N 134 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of April 12, 2005 N 38" (it is registered by the Ministry of Justice of the Russian Federation on August 30, 2005, registration N 6955); of January 13, 2006 N 1 "About introduction of amendments to the order of the Ministry of Justice of the Russian Federation of April 12, 2005 N 38" (it is registered by the Ministry of Justice of the Russian Federation on February 01, 2006, registration N 7429).

 

Minister

A. V. Konovalov

Appendix

to the Order of the Ministry of Justice of the Russian Federation of May 20, 2009 No. 142

The instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society * (1)

I. General provisions

1. This Instruction determines the organization of execution by criminal and executive inspectorates * (2) punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, obligatory works, corrective works, control of behavior conditionally of convicts, convicts concerning whom serving sentence is delayed * (3).

2. Inspections in the activities are guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Justice of the Russian Federation, Federal Penitentiary Service * (4) and this Instruction.

3. Inspections analyze work in case of execution of punishments and control of behavior of convicts, prepare according to acts of the Ministry of Justice of the Russian Federation, FSIN of Russia the statistical reporting, and also information and analytical and other documents for territorial authorities of FSIN of Russia.

4. Inspections consider applications, claims and other addresses of convicts and citizens on the questions carried to their competence * (5).

5. Inspectorates will organize and conduct clerical work.

5.1. Inspections create and keep the automated database of convicts in which data on convicts, procedure and conditions of serving of punishments by them, and also results of control of their behavior are entered.

5.2. Inspections interact with local government bodies and social services in the solution of questions of rendering to convicts of the help in social adaptation and create conditions for participation of public associations in correction of convicts.

6. Territorial authorities of FSIN of Russia perform organizational and methodical management, control of activities of inspections and rendering the practical help to them.

II. Statement of convicts on accounting

7. Statement of the convicts specified in Item 1 of the Instruction on accounting is performed on the basis:

copies of conviction (determination, the resolution) the court which took legal effect * (6);

the relevant act of pardon concerning persons to whom according to the procedure of pardon imprisonment is replaced with softer type of punishment.

8. In cases of change of sentence in the procedure established by the law join the copy of the court verdict:

in case of change of sentence - the copy of determination of court of cassation instance or the copy of determination (resolution) of Supervisory Court;

when replacing unexpired part of custodial sanction with softer type of punishment - the copy of determination (resolution) of court;

when replacing unexpired part of custodial sanction with softer type of punishment according to the procedure of pardon - the relevant act of pardon.

9. In case of detection of ambiguities in the copy of sentence (determination, the resolution) vessels and emergence of doubts regarding its execution for the purpose of their elimination in the procedure established by the law inspection takes representation to court for explanation of the doubts and ambiguities which arose in case of execution of sentence (determination, the resolution) vessels, and also explains to the convict its right to appeal to the court for permission of the questions connected with execution of sentence, and introduction of corresponding changes * (7).

10. In the presence on the convict of other unexecuted sentences if in the last on time sentence unexpired part of punishment on the previous sentences is not attached and it is not specified about independent execution of sentences, inspection takes a legal action for the solution of question of determination of final measure of punishment for cumulative sentences.

11. In day of receipt of the copy of sentence (determination, the resolution) vessels inspection registers it in the magazine of incoming documents and in the numbered, strung together and sealed register of convicts to deprivation of the right to hold certain positions or to be engaged in certain activities (appendix N 8), accounting of convicts to obligatory works (appendix N 17), accounting of convicts to corrective works (appendix N 26), accounting conditionally of convicts (appendix N 39), accounting of convicts concerning whom serving sentence is delayed (appendix N 44).

12. Day of registration of the copy of sentence (determination, the resolution) vessels is considered day of statement of the convict on accounting of inspection.

13. In day of receipt of the copy of sentence (determination, the resolution) inspection takes to court, the pronounced sentence (determination, the resolution), the notice on its acceptance to execution which is constituted on the form of inspection (appendix N 1) * (8).

Inspection in addition notifies the court which pronounced sentence, on the beginning and the place of serving condemned punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, obligatory works, corrective works (appendix No. 1a).

14. When obtaining from other inspection of the personal record of the convict who changed the residence (works) confirmation about receipt of the personal record goes to this inspection on the same day (appendix N 2) * (9).

15. Concerning the convict, serving sentence to which it is delayed inspection directs the notice (appendix N 1) in correctional facility within three days after its appearance in inspection * (10).

16. In day of registration of the copy of sentence (determination, the resolution) vessels on each convict the personal record is opened (appendix N 3), is filled by punishment types accounting card (appendices N 9, of 18, of 27, of 40, of 45). Numbers of the personal record, accounting card shall correspond to number at which the convict is registered in register of convicts.

17. Accounting cards are stored separately on each category of convicts.

18. In case of appointment to the convict of auxiliary view of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities concerning it the inspectorate opens two personal records - on the main and additional types of punishments.

19. In day of statement of the convict inspection directs messages to accounting (appendix N 4):

in law-enforcement body;

in territorial authority of the Federal Migration Service in the place of execution of sentence;

in military commissariat in the place of permanent registration about registration of the condemned citizen of the Russian Federation of military age * (11);

the notice (appendix N 5) the copy of sentence (determination, the resolution) vessels or the statement from it concerning the convict to deprivation of the right of vehicle control in division of State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation.

20. In case of registration to the convict the notification on date of appearance goes to inspection with identity documents.

Date of appearance is determined taking into account objective circumstances (distance, availability of transport opportunities, days off, holidays, etc.), but no later than ten days from the moment of registration.

Inspection calls the minor convict with his parents or other legal representatives.

III. Procedure for holding initial conversation with the convict

21. In appearance day of the convict inspection has with it initial talk during which:

checks identity documents of the convict, constitutes the questionnaire (appendix N 6) in which are reflected nationality, place of registration and residence, work, study, contact telephone numbers, the information about the relatives and persons living together with it, and also entering circle of his communication;

performs fingerprinting of the convict * (12);

finds out the data important for execution of sentence (the resolution, determination) vessels (availability of the documents necessary for employment, former criminal records, the state of health, financial position, etc.).

22. During the initial conversation inspection explains:

procedure and term of the serving sentence quoted by the court verdict, the rights and obligations of the convict, responsibility for their non-compliance;

effects of making of return to crime;

to the convict to obligatory works, corrective works the right to appeal to the court with the petition for delay of execution of sentence for certain term in the presence of one of the bases listed regarding 1 Article 398 of the Code of penal procedure of the Russian Federation;

to the convict to corrective works - the right of appeal to the court with the petition for decrease in the size of payroll deductions in case of deterioration in its financial position;

to conditionally condemned - procedure for execution of the obligations assigned by court, effects of their failure to carry out, responsibility for violation of public order, possibility of cancellation of conditional condemnation and removal of criminal record from it;

to the convict concerning whom serving sentence is delayed, - conditions of delay of serving sentence, effect of their failure to carry out, responsibility for evasion from education of the child and care of it, disorderly conduct and labor discipline;

to the convict, the citizen of the Russian Federation who does not have identity documents - about need of the appeal to territorial authority of the Federal Migration Service in the place of stay or in the place of the actual accommodation for receipt of the temporary identity certificate of the citizen or the passport, and also about approach of the administrative responsibility for lack of the specified documents and registration * (13);

the rights of the convict integrated to serving sentence including about the right to the appeal to social security authorities of the population for rendering the public assistance in case of difficult financial position (on payment of execution of the identity document, etc.).

23. The talk with the minor convict can be had in the presence of his parents or legal representatives.

23.1. The conversation with the convict - the disabled person having hearing disorder and (or) speeches is held with the assistance of the translator of sign language.

During stay on accounting of inspection the subsequent conversations with convicts of this category are held also with the assistance of the translator of sign language.

Provisions of this Item do not extend to persons recognized as disabled people owing to labor accidents and occupational diseases.

24. Upon termination of conversation the document on the rights and obligations of the convict and responsibility for the allowed violations during serving sentence - subscription is constituted (appendices N 10, of 19, of 28, of 41, of 46) and to it the instruction sheet (appendices N 11, of 20, of 29, of 42, of 47) according to type of the imposed penalty is issued.

25. Conditionally condemned to whom the court assigns obligation to receive medical treatment for alcoholism, drug addiction, toxicomania or venereal disease, the direction is issued (appendix N 7).

26. Upon termination of conversation inspection sends the additional information to territorial authority of the Federal Migration Service and law-enforcement body in case of accommodation of the convict without registration.

IV. Execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities

27. Inspection, having received the copy of sentence (the resolution, determination) vessels concerning the right condemned to deprivation to hold certain positions or to be engaged in certain activities, processes documents according to the procedure, provided in Chapter II of this Instruction.

28. Term of deprivation of the right to hold certain positions or to be engaged in certain activities is estimated from the moment of the introduction of the court verdict in legal force, and in case of purpose of this punishment as additional to imprisonment - from the date of release of the convict from correctional facility * (14).

29. If the convict works outside the serviced territory, inspection directs the order (appendix N 12) in inspectorate for the actual place of its work about check of execution of requirements of the court verdict by administration of the organization and informing on results of inspectorate for the place of execution of sentence.

30. When obtaining from territorial authority of the Federal Migration Service of information on registration of the convict exempted from correctional facility, disciplinary military unit concerning which there is unexecuted sentence about additional punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, arrived not in the place of the residence which is originally elected by him, or to independent appearance of the convict the inspectorate requests the copy of the court verdict from the inspection servicing the territory of originally chosen residence of the convict.

31. For the purpose of ensuring execution of the court verdict inspection within ten working days from the moment of registration:

establishes place of employment of the convict, and concerning the unemployed convict inspection monitors its possible employment;

sends the copy of the court verdict and the notice to the address of the organization (appendix N 13);

directs the copy of the court verdict or the certified extract from it and the notice (appendix N 14) in body, competent to cancel permission to occupation certain type of activity.

32. In punishment course of execution the inspectorate requests in the organization of the statement of orders on appointment, transfer, dismissal of the convict.

33. Inspection, having received the message on release of the convict from position which it is deprived of the right to borrow, or on cancellation of permission and withdrawal of the document granting the right to occupation activities by which it is deprived of the right to be engaged within ten working days checks this fact with visit of place of employment of the convict about what the reference is constituted.

34. In case of non receipt by inspectorate within thirty days from the date of the direction of the notice in the organization of the message on release of the convict from position which he is deprived of the right to borrow inspection performs check of accomplishment of sentence (determination, the resolution) vessels with visit of place of employment of not receipt of the message condemned for the purpose of clarification of the reasons. By results of check adequate measures are taken, the reference is constituted.

35. If bodies and the organizations do not execute the court verdict which took legal effect, the judgment or other court resolution on deprivation of the right to hold certain positions or to be engaged in certain activities, inspection sends to their address the notification (appendix N 15), and in case of malicious non-execution of sentence (determination, the resolution) vessels - documents in bodies of prosecutor's office for taking measures of public prosecutor's reaction * (15).

36. In case of dismissal of the convict from former place of employment inspection in 30-days time from the moment of receipt of the message on dismissal of the convict:

establishes new place of employment, position of the convict or sort of its activities;

directs the copy of the court verdict and the notice on new place of employment (appendix N 13);

checks availability in its service record of the record corresponding to the court verdict * (16). About availability of employment records does mark in register of convicts. If the organization did not make record in the service record, sends information to bodies of prosecutor's office.

37. For the purpose of further control inspection at least once in six months checks with visit of place of employment of the court verdict condemned execution by administration of the organization and the convict, if necessary checks the employment contract and the job description. About results of check the reference is constituted.

38. The inspectorate will organize carrying out with convicts of educational work.

39. In case of factual determination of violation by the convict of requirements of the court verdict inspectorate specifies time during which he held the prohibited position or was engaged in the prohibited activities, requests the relevant documents confirming this fact and issues the decree (appendix N 16) about not pass grade in time punishments of certain period of time * (17). The resolution appears to the convict under list. By results of conversation with the convict the reference is constituted.

40. In time of punishment of time during which the convict held the position prohibited for it or was engaged in the activities prohibited for it inspection informs the interested services of law-enforcement bodies, territorial authority of the Federal Migration Service, military commissariat, administration of the organization and body on not pass grade, competent to cancel permission to occupation the certain activities prohibited the convict and also does mark in register and accounting card.

41. After punishment term the convict is struck off the register of inspection according to the procedure, established by Chapter X of this Instruction.

V. Execution of the punishment in the form of obligatory works

42. For execution of the punishment in the form of obligatory works inspection approves the list of types of obligatory works and objects offered by local government bodies on which convicts serve sentence (further - the list) * (18).

As required the inspectorate sends the appeal to local government bodies for modification of the list.

43. Inspection involves convicts in serving sentence no later than fifteen days from the date of receipt in inspection of the corresponding court order with the copy of sentence (determination, the resolution) * (19).

44. Inspection, having received the court order with the copy of sentence (determination, the resolution), processes documents according to the procedure, provided in Chapter II of this Instruction.

45. On each convict inspection creates the accounting card (appendix N 18) in which keeps total account of time worked the convict and reflects violations of procedure and conditions of serving sentence, the taken corrective actions and other data. Accounting cards are located in card-index which is conducted according to two Sections. The first Section - "Are subject to attraction to serving sentence", the second Section - "Are not subject to attraction to serving sentence".

46. The inspectorate keeps daily account of convicts, monthly generalizes data on change of their number (appendix N 21). Monthly records persons which out of time started serving sentence from among subjects to attraction to serving sentence.

47. In case of determination to the convict of type of obligatory works and object inspection considers crime for which he is condemned its residence, the schedule of the main work and study, the state of health, concerning the minor - age and psychological features of the personality, and also other circumstances.

48. Upon termination of initial conversation inspection issues to the convict the direction (appendix N 22) about need of appearance in the organization for serving of obligatory works.

49. Control of appearance of the convict in the organization for attraction to socially useful works is exercised by inspection daily by receipt of information with use of means of communication about what the mark in accounting card becomes. If necessary the organization is visited and the reference is constituted.

50. Inspection sends to the organization in which the convict will serve sentence, the copy of sentence (determination, the resolution) vessels or the statement certified by the chief of inspection from it.

51. For the purpose of control of behavior of the convict, observance of conditions of serving sentence by it and execution of sentence inspection:

weekly obtains information on worked time and labor discipline by use of means of communication, the written request or visit of the organization;

monthly requests from the organization the sheet (in case of its not receipt in inspection) about amount of time worked the convict * (20);

performs at least once in month of visit of objects for check of behavior of the convict on place of employment. In the reference by results of check information on type of the work performed by the convict and other data concerning execution of the punishment is reflected.

52. Based on the sheets represented by the organization about amount of time, worked the convict, the inspectorate keeps its total account in hours.

53. Time of obligatory works cannot exceed four hours on the weekend and in days when the convict is not engaged at the main work, service or study; in the working days - two hours after completion of work, service or study, and with the consent of the convict - four hours. Time of obligatory works within a week, as a rule, cannot be less than 12 hours.

54. In the presence of reasonable excuses the inspectorate for the written application of the convict can permit it to work within a week smaller number of hours. In this case inspection gives condemned the message (appendix N 23) for its representation in the place of serving of obligatory works. In accounting card of the convict the corresponding mark becomes.

55. For the violation by the convict of procedure and conditions of serving sentence expressed in the unfair relation to work, evasion from work on the object determined for it or if he did not report about change of the residence, and also was not in inspectorate for challenge without valid excuse, inspection has with condemned talk. During the conversation he is warned about inadmissibility of making of these violations and about responsibility in accordance with the legislation of the Russian Federation.

By results of conversation the reference which contents the convict examines under list is constituted.

56. For the evasion from serving sentence expressed in absence for obligatory works without valid excuse and violation of labor discipline, the organizations supported by the documents to the convict the warning is issued (appendix N 24).

The warning is issued by inspection no later than three working days from the date of absence for obligatory works and violations of labor discipline, appears to the convict under list.

57. Concerning the convict, more than two times within a month not come to obligatory work without valid excuse, more than two times within a month broken labor discipline, and also disappeared for the purpose of evasion from serving sentence, inspection takes to court representation (appendix N 25) about replacement of obligatory works as other type of punishment according to part three of article 49 of the Criminal Code of the Russian Federation.

Copies of the documents characterizing the convict and confirming its evasion from serving sentence are attached to representation.

58. Inspection takes idea of replacement of obligatory works as other type of punishment to court within three days (without days off and holidays) from the date of factual determination of malicious evasion of the convict from serving sentence, and concerning person which fled the residence - after holding initial search actions.

59. During finding of documents of the personal record of the convict in court inspection continues work on execution of the punishment.

60. In case of refusal vessels in replacement of obligatory works as other type of punishment new representation is taken after making by the convict of further violation of procedure and the conditions of serving sentence listed in Item 57 of this Instruction to court.

61. In case of the approach of mental disturbance or other serious illness interfering serving sentence and also recognition of the convict by the disabled person of the first group inspection explains to the convict or his legal representative (only in case of mental disturbance) the right to take a legal action with the petition for release it from further serving sentence.

The petition moves the convict or his legal representative through inspection. Inspection along with the petition takes to court the conclusion of medical commission or organization of medico-social examination (in case of serious illness) and the personal record of the convict.

In case of impossibility of the independent address of the convict or his legal representative representation (appendix N 25) about release of the convict from further serving sentence in connection with approach of mental disturbance is brought in court by the chief of inspection.

62. In case of pregnancy approach inspection explains condemned its right to appeal to the court with the petition for delay of serving sentence by it from the date of provision of maternity leave.

63. The convict is struck off the register of inspection according to the procedure, established by Chapter X of this Instruction.

VI. Execution of the punishment in the form of corrective works

64. Punishment in the form of corrective works is performed by inspectorate for principle place of employment of the convict. For execution of the punishment in the form of corrective works concerning the convict who does not have principle place of employment, inspection approves the places offered by local government bodies for serving of corrective works near the residence of the convict <1>.

______________________________

<1> Part 1 of article 50 of the Criminal Code of the Russian Federation.

65. The convict to corrective works goes inspection for serving sentence no later than thirty days from the date of receipt to inspection of the corresponding court order with the copy of sentence (determination, the resolution) * (22).

66. Inspection, having received the court order with the copy of sentence (determination, the resolution), processes documents according to Chapter II of this Instruction.

67. On each convict the accounting card is created (appendix N 27) in which it is recorded time worked him, of the salary made from it deduction and violations of procedure and conditions of serving sentence, the taken corrective actions and other data are reflected.

Accounting cards are located in card-index which is conducted according to two Sections. The first Section - "Are subject to attraction to serving sentence", the second Section - "Are not subject to attraction to serving sentence".

68. The inspectorate keeps daily account of convicts, monthly generalizes data on change of their number (appendix N 21), and also controls their employment and monthly records persons which out of time started serving sentence from among subjects to attraction to serving sentence.

69. If the convict has no citizenship of the Russian Federation and the residence permit and temporary stay, inspection sends information on lack of such documents to territorial authority of the Federal Migration Service.

70. Upon termination of initial conversation inspection issues to the convict who does not have principle place of employment, the instruction (appendix N 30) about need of appearance in the organization for serving of corrective works.

In case of determination condemned, not having principle place of employment, places of serving sentence inspection considers crime for which he is condemned its residence, the state of health, profession, in the relation nesovershennoletnegovozrastny and psychological features of the personality, and also other circumstances.

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