RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 22, 2015 No. 58

About practice of appointment of criminal penalty as courts of the Russian Federation

Nature of public danger of crime is determined by the penal statute and depends on the actus reus signs established by court. When accounting nature of public danger of crime courts should mean first of all act orientation on the social values protected by the penal statute and the harm done to them.

Owing to requirements of Articles 307 and 308 of the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation) in sentence should specify motives of the made decisions on all questions relating to criminal sentencing, release from it or its serving.

Penalty

3. The penalty size estimated proceeding from size to the multiple cost of subject or the amount of commercial bribery, bribery of the employee of contractual service, the contractual managing director, member of the commission on implementation of the purchases and other authorized persons representing the interests of the customer in the field of purchases of goods, works, services for ensuring the state or municipal needs, bribe or the amount illegally of the moved money and (or) the cost of monetary instruments cannot be less than twenty five thousand rubles even if the amount calculated taking into account multiple size is less than twenty five thousand rubles. In that case fine is ordered to pay in the amount of twenty five thousand rubles.

7. In case of infliction of penalty as primary punishment for one of crimes in case of determination of final punishment on cumulative offenses or sentences in substantive provisions of sentence it shall be specified application of Article 69 or article 70 Criminal Code of the Russian Federation, and also independent execution of penalty.

Deprivation of the right to hold certain positions or to be engaged in certain activities

Deprivation of the right to hold certain positions or be engaged in certain activities can be appointed also to those persons who carried out the corresponding service duties temporarily, by order of or to the order of the higher authorized person or by the time of the resolution of sentence did not hold position any more and were not engaged in activities with which the committed crimes were connected.

9. Draw the attention of courts that deprivation of the right to hold certain positions consists in prohibition to hold positions only in public service or in local government bodies. In sentence it is necessary to specify not specific position (for example, the head of local government body, the senior accountant) or category and (or) group of positions on the corresponding register of positions (for example, category "heads", "main positions of municipal service" group), and the circle of positions determined by specific signs to which prohibition extends (for example, the positions connected with implementation of functions of the public agent, organizational and administrative and (or) administrative powers).

Deprivation of the right to be engaged in certain activities can be expressed in prohibition to be engaged in both professional, and other activities. In sentence it is necessary to concretize type of such activities (pedagogical, medical, management of transport, etc.).

Recommend to courts in case of purpose of additional punishment in the form of deprivation of the right to be engaged in certain activities in the presence to that the bases and taking into account the circumstances commuting and aggravating penalty, to discuss question of feasibility of its application concerning person for whom the related activity is connected with its single profession.

11. For the same crime to the convict deprivation of the right to hold certain positions and to be engaged in certain activities cannot be appointed at the same time. This rule extends to appointment as the main, and additional punishment for one crime. Condemned the specified penalties for one crime cannot be imposed at the same time as the main and additional.

At the same time in case of assignment of punishment on cumulative offenses or sentences simultaneous appointment of deprivation of the right to hold certain positions and to be engaged in certain activities is allowed if these penalties are imposed for different crimes or on different sentences. Besides, in such cases purpose of deprivation of the right to hold several certain positions and to be engaged in several types of certain activities is not excluded if prohibitions concern different positions or fields of activity. At the same time terms of such punishments to addition are not subject.

Deprivation of special, military or honorary title, class rank and state awards

In case of conditional condemnation in sentence it shall be specified why preserving is impossible for the defendant of the corresponding rank or the class rank and awards in case of simultaneous application to it conditional condemnation.

Obligatory works and corrective works

15. In law sense, specifying in sentence of the place of serving by the convict of corrective works (on principle place of employment or in the places determined by local government bodies in coordination with criminal and executive inspections, but near the residence of the convict) is not required, the place of serving is determined by criminal and executive inspection in case of execution of sentence depending on availability or absence at person of principle place of employment.

16. In case of assignment of punishment on cumulative offenses, for each of which corrective works are appointed, in case of use of the principle of complete or partial addition of punishments to addition only terms of corrective works are subject. Deduction percentages do not develop.

In case of assignment of punishment in the form of corrective works on cumulative sentences only terms of corrective works can join. In these cases, having imposed on the last sentence penalty in the form of corrective works with payroll deduction of certain percent in the income of the state, the court fully or partially attaches to this punishment the unexpired term of corrective works on the previous sentence, leaving the former amount of deduction for the attached term.

Restriction of freedom

18. In case of purpose of restriction of freedom as primary punishment in sentence it is necessary to establish the territory out of which limits the convict is forbidden to leave and within which he is forbidden to visit certain places without the consent of criminal and executive inspection. If the structure of the settlement in which the convict lives includes several municipalities, then the court has the right to set the corresponding restrictions within the territory of such settlement. If the settlement is part of the municipality, then restrictions are set within the municipality territory, but not the settlement.

19. In case of establishment of restriction for visit of certain places the court should specify signs of such places (for example, places of public catering in which consumption of alcoholic products, child care facilities is authorized).

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