If the court has ordered correctional labor for your employee, he will serve his sentence at his main place of work. Only citizens who do not have a main place of work “work out their sentence” in places determined by local government bodies in agreement with penal inspections.
A correctional worker is actually no different from an ordinary worker. He works within the framework of a previously concluded employment contract and fulfills his duties.
What happens in case of malicious evasion?
Wherever the convicted person lives, he is obliged to fulfill the mandatory conditions of the IR. Otherwise, the court may reconsider the sentence and then the person will lose such a comfortable sentence. The main violations that are not allowed are:
- avoiding work for 5 consecutive days;
- refusal to attend the inspection;
- systematic absenteeism;
- carrying out work activities (visiting an inspection) under the influence of alcohol or drugs.
If a person has committed one of the above offenses, he will be given an appropriate warning. But when a subject who already has a written warning violates the conditions of serving the sentence again, this is regarded as malicious evasion.
This means that the court will replace the IR with another punishment provided for in a specific article. That is, impose forced labor or a prison sentence. If the convicted person fulfills all the conditions, the inspectorate may apply for a mitigation of the conditions. Even when a person has a maximum sentence, it can be reduced.
IR can take place at the place of main work, if the offender has one. It's quite difficult psychologically, but much better than prison
Therefore, it is important to comply with all inspection requirements and wait until the deadline. The maximum is prescribed quite rarely, but even then the period will be only two years
Responsibility for evasion
About one tenth of people serving sentences evade responsibility and go into hiding.
The following is considered a violation:
- absence from work;
- failure to appear at the place of employment;
- showing up to work drunk;
- absenteeism.
In case of violations, the following measures are applied:
- A written warning, according to which he may be subject to a more severe punishment.
- Strengthening control with an increase in the number of visits by the inspectorate inspector. This measure is used for additional control over a convicted citizen.
In case of repeated violations, the inspector sends documents to the court to petition for a more severe punishment.
Correctional labor is prescribed as a humane punishment for crimes that do not pose a high social danger. However, the work must be done in good faith and with the understanding that violations may result in more stringent legal action.
A new type of alternative criminal punishment - forced labor in correctional centers:
https://youtube.com/watch?v=RyUoM3T0yNQ%3Fecver%3D1
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Serving order
Immediately after the verdict enters into legal force, a copy of it is sent to the penal institution at the district level. Employees of this institution participate in the execution of all types of imposed punishment, with the exception of imprisonment.
The convicted person is registered and a personal file is opened on him. The order of execution is as follows:
- No later than 30 days from the date of announcement of the verdict, an inspector will visit the convict’s place of residence and hand him a summons. It will indicate the date and time for appearing at the criminal correctional inspection for registration.
- On the day of appearance, a conversation is held with the convicted person and his rights are explained, finding out what activities he can perform.
- Next, the convict receives a referral to the selected organization where he will work. The appearance is carried out within 5 days.
- On a certain day, the inspector checks the citizen’s attendance by calling the appropriate organization.
- The inspector keeps records of the hours worked by the convicted person, as well as the amount of payment. At the end of correctional work, he makes a note about the end of his labor activity.
What is the difference between correctional labor and compulsory labor? Find out the answer right now.
Correctional work. To whom, for what, how:
https://youtube.com/watch?v=akylHIx35Gs%3Fecver%3D1
Calculation of deadlines and under what conditions the work is carried out
According to the laws of the Russian Federation, the punishment period is determined from 2 to 24 months. After a year, the convicted person, on a general basis, is entitled to take a leave of absence, which is paid for by the organization where he works.
In addition, correctional labor may be replaced by imprisonment if:
- malicious evasion of execution of a sentence
- violation of conditions, absences from work, sabotage
- moving to live elsewhere without warning
Lawyers, changing the punishment, recalculate the deadlines, which is equal to one in three. One day of imprisonment is added for three days not worked.
The first absence or going to work drunk is only condemned; if the misbehavior is repeated, the time comes to replace it with another punishment by revising the previous sentence.
Application of compulsory work in practice
Local authorities have the right to determine the organization and form of work execution. As a rule, such work does not require high professional skills. In most cases, city authorities provide labor activities aimed at improving public places.
As practice shows, the main types of work are:
- Planting green spaces on the streets.
- Digging up trees in parks, alleys, squares.
- Loading and unloading materials.
- Painting borders.
- Garbage collection at public transport stops, sidewalks, and along the sides of roadways.
The form of ownership of the enterprise or organization where the convicted person carries out the court decision does not play any role. Assignments are given taking into account age, physical development and the presence of contraindications for general health.
Examples of the use of compulsory labor are the facts of court decisions under Article 49 to supporters of A. Navalny. Courts in several Russian cities applied this rule to proxies of opposition representatives. The reason was campaigning in support of his candidacy for the post of head of state.
Protests took place in several regions of Russia. Seven supporters were punished with labor ranging from 20 to 120 hours. The court sentenced one protest participant to 20 hours of compulsory labor for ignoring the payment of a fine.
How, when and where are performed
What does serving a sentence involve? How is it processed?
After the verdict enters into legal force, the court sends an order to the criminal-executive inspection.
After this, the inspection is given 15 days to attract the convicted person to work.
The inspectorate coordinates with local government bodies the types of work to which a convicted person may be assigned. Then the documents are sent to the selected organization.
When choosing an organization and type of work, the person’s place of registration, place of work, his work schedule, state of health, and professional skills are taken into account.
The administration of the institution where the convict was sent issues a decree on his employment, keeps a time sheet for the time worked, and familiarizes him with the internal regulations and safety rules. Then the person is given appropriate instruction.
The convicted person must:
- Comply with the organization's labor regulations.
- Conscientiously perform the duties assigned to him.
- Complete the work in full.
- Warn the administration about a change of residence.
If a convicted person receives disability groups 1 and 2 while performing work, the inspectorate sends a proposal to the court to release him from punishment.
If pregnancy occurs, a petition is sent to the court with a request to defer the sentence.
What are mandatory works and where are they performed? About this in the video:
https://youtube.com/watch?v=7bGcgkhjW-I%3Fecver%3D1
Kinds
There are several types of correctional work. They can be assigned for an administrative offense or serve as a substitute for imprisonment.
The decision made by the court on this issue is made on a case-by-case basis, depending on the circumstances and the extent of the violation.
Administrative punishment
Mandatory work for administrative violations is assigned in court.
This type of work involves a citizen who has committed an offense performing free work that benefits society.
The duration of assignment of works cannot exceed more than two months.
While serving work, up to 20% of the salary is deducted from the violator’s basic earnings in favor of the state. Thus, the actual amount of the deduction depends on the citizen’s earnings.
Deductions are not made from benefits received, pensions, as well as payments of a one-time nature.
This type of punishment is used for minor offenses. These include:
- petty hooliganism;
- malicious disobedience to a lawful order;
- systematic drinking of alcohol in public places.
Substitution of imprisonment
Replacing the unserved part of the sentence imposed on a convicted person with correctional labor is used when serving a term in a disciplinary military unit or when undergoing forced labor.
Article 80 of the Criminal Code of the Russian Federation allows for the replacement of the unserved part of the sentence for persons deprived of liberty, but who have shown ideal disciplinary behavior while in prison.
The decision to replace the unserved part of the sentence with correctional labor can only be made in court.
In recent years, there has been an increase in the number of prisoners who received a more lenient sentence in exchange for imprisonment. The court has increasingly received petitions from convicted persons wishing to receive a commutation of their sentences.
A petition to replace the unserved part of the sentence with correctional labor is a sample.
Introduction
The relevance of the problem of assigning and executing sentences in the form of correctional labor is due to the fact that the penal system, which has a corrective and punitive effect on the convicted person, should not, however, completely cut him off from society and disrupt his business and personal connections.
Moreover, for most people, the opinions of their work group and peers are significant and have a strong psychological effect, allowing them to reform and rethink their views of society and themselves. Therefore, in a number of cases, corrective influence on a convicted person is most effective and appropriate at the place of his main work.
Based on this, Article 50 of the Criminal Code provides for the possibility of applying to a convicted person the main punishment in the form of correctional labor. This type of punishment is imposed under certain legal conditions and is carried out in the manner prescribed by law.
The purpose of the work is to determine the importance of using corrective work and the problems in its implementation. It is also intended to develop evidence-based recommendations for their elimination.
The object of this work is a type of punishment such as correctional work, which is designed to have a positive impact on social relations, and especially on convicts, and does not allow these people to penetrate the negative prison subculture.
The subject of consideration is the criminal legal characteristics of the work of penitentiary institutions.
The questions we need to consider in this study are:
- History of the development of punishment in the form of prison work;
- Concept, nature and content of prison work;
- Legal grounds for assigning work in prison;
- Organization of the penitentiary system in the form of prison work.
In preparing this work, the analysis method used in the analysis of the criminal legal characteristics of penal work was used. The formal legal method and the method of socialist research were also used, manifested in the study of normative legal acts and the identification of the problem of self-evident work.
Procedure for carrying out punishment
Coordinates the execution of punishment - the Criminal Enforcement Inspectorate. The competence of the employees of this service includes monitoring how accurately the regime of serving the sentence is observed. The administration of the enterprise and the official employer also monitor the thoroughness of the execution of the assigned work. In addition to the executive inspector, the administration can also carry out educational measures in relation to the convicted person.
In order to prevent the commission of new crimes, the person brought to justice is prohibited from being outside his home - from 11 pm to 7 am. It is prohibited to leave the city on weekends and holidays. A minor offender is obliged to register with the Penal Inspectorate twice a month.
In case of violation of serving the sentence, tougher measures will be taken against the convicted person. The offender will be sentenced to imprisonment, arrest and sent to a correctional facility if:
- after the warning letter was issued, he failed to appear again at the police inspectorate without a good reason;
- does not show up for work or has absenteeism;
- appears at work under the influence of alcohol or drugs.
The judge can change the assigned restriction, not only for the worse, but also for the better for the convicted person. According to Art. 93 of the Criminal Code of the Russian Federation, the convicted person and his defense attorney may submit a corresponding petition to the criminal executive inspection. If the petition is approved, as it is justified by good behavior and conscientious fulfillment of assigned duties, the person may be released from further execution of the sentence or the term of its serving may be reduced.
Punishments in this form are used to correct a person who has committed an offense for a long time. The fact is that a person’s psyche is greatly influenced by the judgmental and unfriendly views of people from his environment - colleagues, acquaintances, neighbors and subordinates. A huge number of citizens value the opinions of their environment and other people. That is why, once finding himself in such an awkward situation as performing correctional work, a person forever loses the desire to break the law again. When fulfilling this form of responsibility, a person is not completely isolated from society, he leads a normal life with certain restrictions that give him the opportunity to think about his behavior.
If correctional labor is assigned to people as a mitigation of punishment. They provide an opportunity for the criminal to atone for his guilt before society, to do something useful for fellow citizens, instead of a previously committed violation, which entailed adverse consequences. In any case, this type of punishment is considered one of the most loyal and effective for criminals who have committed an offense for the first time.
Consequences for draft dodgers
Sometimes judges, when considering offenses, consider that for the first time it is enough for the offender to work with deductions from his salary in order to atone for the offense.
The comfort of being free and working under the same conditions may cease if the accused does not understand the seriousness of his situation in the following cases:
- 5 days pass at the workplace selected by the inspection
- ignoring marks from the controller
- absenteeism
- alcohol and drug use at work
A malicious evader is considered to be a person who does not respond properly to warnings, repeating his offenses, despite written notifications.
The main purpose of labor punishment is to direct people on the right path, to give the opportunity to atone for guilt in freedom, not in prison; the convicted person only needs to lead the lifestyle of a law-abiding citizen.
Who cannot serve a sentence of correctional labor
According to the rules and regulations established in Russia, correctional labor as a criminal punishment cannot be legally imposed on the following citizens:
- Disabled people from the first group.
- Women with pregnancy.
- Women with children under 3 years of age.
- Conscripts.
- Contractors.
In court practice, there are cases in which people from this list were assigned work to correct themselves and realize their guilt. Sometimes we are talking about judicial inaccuracy or the fact that some data and circumstances of the case became known too late. However, when new information becomes known, the sentence is overturned, and this applies to all such cases.
Example: a citizen was sentenced to work for a year and a half and withhold 10 percent of her income in favor of the state. After the verdict came into force, it became known that the defendant was pregnant. The defendant was explained that she had every right to go to court and file a motion for a delay. The application was granted by the court.
An important point: there is a rule of three days, during which the judicial authorities are required to send the verdict (copy) to the inspectorate. In reality, this rule is not followed or is only implemented in rare cases. This is where events appear that influence the final verdict.
Responsibility for certain offenses can also arise from the age of 14, and then age and characteristics of work activity in the code are taken into account. This is light work, shortened hours and other rules under which citizens 14-16 years old can work. Other minors (age 16-18) may be involved in work on a general basis.
Bibliography
Normative legal acts:
- “The Constitution of the Russian Federation (adopted by referendum on December 12, 1994) (taking into account the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2007 N 6-FKK, dated December 30, 2008 N 7-FKK, dated February 5, 2015 N 2 -FKK, dated July 21, 2014 N 11-FKK).
- Criminal Code of the Russian Federation" dated June 13, 1996 N 63-FZ (as amended on July 29, 2018) (with amendments and additions, came into force on August 26, 2018).
- “Criminal Code of the Russian Federation” dated 01/08/1998 N 1-FZ (as amended on 10/16/2019)
Special literature:
- Belyakova N.I. Some problems of criminal punishment in the form of forced and prison labor // Legislation. - 2013. - No. 9. — P.42-46.
- Commentary on the Criminal Code of the Russian Federation / ed. Mironov. - M.: Yurit, 2014. - 531 p.
- Markov V.P. The emergence of labor in places of deprivation of liberty as a form of criminal punishment // State and legal history. - 2016. - No. 5. — P.22-27.
- Orlov, V.N. Modern criminal law. General and special part: Student / ed. Naumov. - M.: Ilexa, 2016. - 631 p.
- Seliverstov V.I. Criminal law - executive law: Textbook for universities / V.I. Seliverstov. - M.: Publishing house "Jurisprudence", 2015. — 352 p.
- Puminova A.A. Reading: Meaning, problems of application // Young researchers. - 2022. - No. 15. — P.300-302.
Execution of a court decision on correctional labor for a criminal offense
When choosing correctional labor as a measure of criminal punishment, the court always takes into account the nature of the crime committed.
This measure of adequate punishment is usually chosen if the crime is of medium or light gravity.
The following may be convicted:
- persons who have violated the Criminal Code of the Russian Federation.
- persons over 16 years of age, in some cases for murder or rape, and 14 years of age.
But at the same time, the court thoroughly checks the mental state of the defendant, whether he could be aware that he is committing a crime.
If the defendant's insanity is proven, a sentence of correctional labor will not be imposed.
Such a penalty after the court hearing can be immediately included by the judge in the sentence.
Or he introduces it later, as a mitigating punishment after imposing a more serious one, that is, as a replacement for imprisonment.
The legislation of Russia also clearly defines persons who cannot be punished by correctional labor.
This:
- pregnant women;
- mothers of young children (under 3 years old);
- disabled people of the first degree who have official confirmation of this;
- conscripts or contract soldiers who hold a position as a private or sergeant, if at the time of sentencing the period of conscription service has not expired.
That is, such a penalty does not apply to persons whose work activity is temporarily limited.
Immediately after the verdict is pronounced and it enters into force, the convicted person is required to register with the criminal-executive inspectorate at his place of residence.
See here how and within what time frame you can challenge a court decision by filing an appeal.
All aspects of carrying out enforcement work as a criminal punishment are regulated by Article 7 of the Criminal Executive Code of the Russian Federation.
An officially employed convict notifies the inspectorate of his place of work, a notice is sent there, and as soon as it is received by the administration, the execution of the sentence begins.
If the convicted person is not employed, the penal inspectorate chooses a place of work for him.
It is written in more detail how to register with the employment center.
3.2. Deductions from salary
Like ordinary employees, those sentenced to correctional labor are accrued and paid wages. The difference is that deductions to the budget are made from the wages of convicts in the range of 5-20% (Part 3 of Article 50 of the Criminal Code of the Russian Federation).
Deductions are made from the wages at the main place of work of the convicted person for each month worked when paying wages, regardless of whether there are claims against him under executive documents (Part 2 of Article 44 of the Penal Code of the Russian Federation). At the same time, not only the monetary, but also the natural part of the employee’s salary is taken into account. The withheld amounts are transferred to the appropriate budget on a monthly basis (Part 3 of Article 44 of the Penal Code of the Russian Federation).
Deductions are not made from social insurance benefits and from one-time payments, with the exception of monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases (Part 4 of Article 44 of the Penal Code of the Russian Federation).
For reference: an employee or employer has the right to apply to the court with a petition to reduce the amount of deductions from the wages of a convicted person in the event of a deterioration in his financial situation (Part 7 of Article 44 of the Penal Code of the Russian Federation).
In cases of cancellation or change of a court verdict, the amounts excessively withheld from the wages of the convicted person are returned to him in full (Part 6 of Article 44 of the Penal Code of the Russian Federation).
According to paragraph 86 of the Instructions, employers provide monthly notification to the Penitentiary Inspectorate of the number of days/hours worked by convicted persons, accrued wages, amounts withheld and transferred to the budget.
Characteristics of punishment
Not many people know what correctional labor is under the Criminal Code of the Russian Federation; in most cases, a person becomes familiar with this term when he has already broken the law. The Criminal Code of the Russian Federation positions correctional labor as one of the types of criminal punishment. Their essence is to forcefully attract a guilty person to work. This type of punishment is assigned to a convict who has a primary work activity and does not have one.
This type of punishment is imposed for a period of two months to two years, depending on the nature of the crime committed. For minors who have committed a crime, the maximum term of correctional labor is 365 days. The minimum sentence for all groups and age categories of offenders is 61 days.
From the criminal’s salary, from 5 to 25% will be collected into the state treasury. When calculating recovery from earnings, taxes and other payments are not excluded. The convicted person is obliged to comply with the procedure for serving the sentence and treat work conscientiously. Corrective work can be carried out at the official place of employment of the convicted person, or in places that will be determined by local authorities. As a rule, these are state-owned enterprises in the region of residence. A sentenced person does not have the right to refuse the work offered to him. While serving a sentence, the Criminal Code prohibits resigning at will.
Few people know, but during correctional work, the term of punishment is counted, even if the subject of the offense is sent on sick leave. In a situation where the offender falls ill, he will still receive money; it is from this amount that regular collections, appointed by the judge, will be made to the state treasury.
If a convicted person evades punishment in every possible way, he can be replaced with imprisonment. Calculation of serving the sentence will be calculated - 1 day of imprisonment for 3 days of correctional labor.
Corrective labor ordered by the court does not oblige lawbreakers to change their official place of employment. The person remains in the same place, but the entry in the work book significantly affects further relationships in the team and career advancement.
It is very important to note the fact that not everyone can be held accountable for a crime committed in this form. According to established legislation, there is a circle of persons who are prohibited from imposing this type of punishment
Among them are:
- disabled people of the first group;
- pregnant women;
- women who have children under 3 years of age;
- military personnel.
This penalty is not imposed on persons whose ability to work is temporarily limited. According to part 1. Art. 45 of the Criminal Code of Russia, correctional work, is applied only in the form of the main punishment, but they can replace a fine and other types of liability, except imprisonment. It is important to note that correctional labor can be applied to pregnant criminals who have committed grave and especially grave violations of the law, in view of the deferment of serving the main sentence.
A huge number of people confuse correctional labor with compulsory labor. Evaporation work is carried out by a person at the place of official employment, and funds are collected from him into the state treasury. A person who has committed a crime before the law must perform compulsory work in his free time, and he must carry out this work for free. Funds are also not collected from him into the state treasury.
Forced labor is considered a more severe punishment; it is prescribed for committing crimes - serious and moderate. They can be a substitute for imprisonment. This punishment consists of involving the subject of a criminal offense to work in places determined by the bodies of the penal system. They are appointed for a period of up to five years. This form of responsibility cannot be assigned to minor citizens, in contrast to the two correctional measures listed above.
Where can I work
Legislators determined that correctional work may consist of:
- where the criminal has his main place of work
- certain heads of self-government, agreed upon with executive organizations at the place of residence of the convicted person
Deductions from wages
If correctional labor is assigned at the offender’s main job, it is essentially a penalty that is gradually paid by the sentenced person.
With the help of psychological influence and limited legal freedoms, they instill respect for legislative acts in a citizen who has broken the law.
Of course, not everything is so rosy for a criminal when he works outside his job.
It is almost impossible to work in the countryside, since there are no necessary organizations there that can effectively use the labor of a convict, and besides, he will have to perform actions in the company of complete strangers.
For what crimes is it assigned?
Places of imprisonment do not in all cases have a positive effect on the correction of a person who has violated the law, and in many cases they only increase the risk of repeating crimes. Labor service can reduce the likelihood of a repeat offense.
Correctional labor is prescribed for crimes of minor or moderate gravity. The court makes a decision on this type of punishment based on the fact that in a familiar environment, a citizen who has broken the law will correct himself faster than in the absence of a work collective.
Crimes of minor gravity include careless as well as intentional acts.
For committing such actions, the punishment leaves no more than three years in prison.
Medium gravity includes crimes committed intentionally, which involve no more than five years of imprisonment or a careless act, a period for which no more than three years of serving the sentence. . The court assigns correctional labor in the following cases:
The court assigns correctional labor in the following cases:
- If the sanctions of the article of the Special Part of the Criminal Code of the Russian Federation, according to which the type of crime committed is classified, there is a punishment by correctional labor, as the only measure of influence or as an alternative to other methods of punishment.
- If, in accordance with Article 64 of the Criminal Code of the Russian Federation, the court chooses a more lenient punishment than what is provided for committing a specific type of crime.
- When making a decision under Article 80 of the Criminal Code of the Russian Federation, where imprisonment is replaced by correctional labor for the benefit of society.
- If a deferment is applied for mothers of young children, as well as for pregnant women.
- If there is a malicious evasion of a fine, in this case correctional labor is replaced with a more severe type of punishment.
This type of work can be assigned as the main type of punishment and is not used as an additional measure of influence on a convicted citizen.
Legal grounds for ordering work in prisons
A sentence is a traditional form of punishment for Soviet and then Russian legislation. Punishment in the form of imprisonment is one of the main types of punishment and is applied only if it is provided for in the sanctions of the articles of the Special Part of the Criminal Code. In addition, punishment may be imposed by court decision.
In the first years of the Criminal Code of the Russian Federation of 1996, the use of this penalty was significantly limited. The sharp reduction in the use of prison labor was explained, first of all, by “the deterioration of the socio-economic situation in the country, the massive spread of legal and hidden unemployment.”
Prison work is carried out in the absence of any isolation of the convict from society, which creates significant opportunities for the actions of work collectives, members of the public and other persons who can positively influence his behavior. At the same time, prisoners are subject to real restrictions associated with this type of punishment. First of all, the convicted person does not receive a full salary, which is the most significant legal restriction from the point of view of the legislator.
The wages of convicted persons are kept at the level specified in the court decision. The limits of deduction are defined in Article 50 of the Criminal Code and correspond to an amount from 5 to 20% of earnings. At the same time, the court is obliged to determine such deductions.
Shares are kept in the amount determined by a court decision. However, if the convict’s earnings decrease or his financial situation worsens, the court may reduce the amount of withholding within the limits provided for by criminal law, taking into account the convict’s total earnings. Deductions are not made from pensions and benefits received under the social security and social insurance system, from lump sum payments and are not provided for in the wage system.
When assigning punishment for a number of offenses, for each of which a punishment in the form of correctional labor is imposed, only the conditions of correctional labor are added if the principle of full or partial addition of punishments is applied. In the case of multiple convictions for labor relations with prisoners, only prison working time is counted towards the total amount of punishment.
In such cases, the court, having imposed a punishment for correctional labor with the withholding of a certain percentage of state income from wages for the last crime, adds to the last punishment the fully or partially unused period of correctional labor for the previous punishment, maintaining this withholding for the same period of time. Part 4 of Article 40 of the Criminal Code of the Russian Federation provides that “a convicted person does not have the right to refuse work offered to him,” accordingly, it refers to work determined by local government bodies in agreement with the inspectorate. As a rule, physical labor is ordered, and no one pays attention to the qualifications of the defendant.
In this case, despite the humanization of the policy in the field of punishment, the fairness of the individualization of punishment is important.
While serving a sentence in the form of correctional labor, convicts are subject to other additional prohibitions and obligations related to the regulation of labor relations (shorter paid annual leave in case of arbitrary absence from work without permission from the penal system, etc.). In addition, in accordance with Article 41 of the Law on the Execution of Sentences, in order to prevent relapses and control the behavior of convicted persons.
The inspectorate has the right to impose additional obligations and prohibitions on convicted persons for carrying out correctional work. During the execution of this sentence, the convicted person is under the control of the Labor Inspectorate of the correctional institution. The period for which correctional labor may be assigned ranges from 2 months to 2 years (for minors - up to 1 year) and is calculated in months and years.
The peculiarity of calculating the term of this type of punishment is that, in accordance with Part 1 of Art. 42 of the Criminal Code of the Russian Federation, a convicted person must work monthly for at least the number of working days falling in that month (for general accounting of working time, the duration of working time for the reporting period should be used). Otherwise, correctional work will continue until the convicted person has worked the prescribed number of working days in full. In other words, the actual duration of serving the sentence may exceed the period established by the court decision. Prison work does not count towards the period during which the convicted person did not work for legitimate reasons (for example, illness).
