Correctional work, being one of the measures for the re-education of a citizen, has been practiced in Russia for over 15 years.
If you look at the scale of leniency of punishments, but this type is in third place (fine is in 1st place). Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00
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Definition and Features
The purpose of any correctional work is to achieve a citizen’s awareness of his guilt and his involvement in a certain, but simple and accessible to others type of activity. How and what are the features of this method of punishment for a criminal offense? When are such works assigned and can they be avoided?
According to Article 50 of the Criminal Code of Russia, such types of work are the labor activity of a convicted citizen in a company that is determined by the state inspection (it is in this case a penal or penal element). When assigning and determining correctional activities, the body controls how and according to what rules the announced sentence will be executed. This is the main article in the latest edition, which regulates the specifics of execution, assignment and regulation of work. However, any changes and new definitions in this article may resolve the course of legal proceedings.
In the event that a citizen is already working at the time of the official pronouncement and execution of the final sentence and its implementation, he is given the opportunity not to leave for another company, but to remain at his job. If there is no permanent work and no schemes for its implementation, then the inspectorate will have to determine the place of residence in whose territory the citizen will have to work.
Most often, for citizens without an official permanent job, some municipal companies are selected, where low-paid activities are required (loader, yard cleaner and similar types of positions).
A complete list of possible works and similar organizations is agreed upon every year with the head of the municipal inspection office under Article 50 of the Criminal Code of the Russian Federation, as well as with the municipal authorities competent in these matters.
In some cases, direct employers include or may include not only state and municipal institutions, but also individual entrepreneurs and organizations with commercial activities, if these organizations require a permanent workforce.
The total term of correctional activity may vary depending on the court sentence from 2 months to 2 years. In addition, at the legislative level it is possible to establish a similar type of imposed punishment in certain units of time. For example, in days. This happens in the case of counting other types of punishments.
Example: a person was convicted of grand theft, and for good behavior, part of the sentence (2 months and 2 weeks) was replaced by work. In this case, the proportion is 1:3, then the convicted person will have to work for 7 months and 2 weeks.
If we compare correctional and compulsory labor with each other, we can highlight one point: during correctional labor, the convicted person will be required to receive wages according to the established tariffs adopted by the organization. In this case, part of the salary will be transferred to the convicted person, and part (up to 20 percent, depending on the court decision) will be sent to state revenue.
Therefore, if a person serves such a sentence, the state achieves 2 important goals:
- The convict is constantly busy and learns skills that benefit the country and society.
- The state receives a certain amount of funds into the state budget.
An important point: now situations are increasingly arising in which convicts ask the court to sentence them to correctional labor. This is due, first of all, to difficulties in finding a job, and also to not having the highest qualifications or a previous criminal record. Often, citizens continue to work in the same place after completing their correctional sentences.
How to sue for non-payment of child support
Criminal liability (read more...)
- willful non-payment
- non-payment for valid reasons.
- Apply for a court order.
- File a claim for alimony.
How can I work the hours assigned by the court? Hello, I work at my main job from 6 am to 9 pm from Monday to Friday, but at the same time I must work the hours assigned by the court.
Article 27 of the Penal Code of the Russian Federation: the time of compulsory work cannot exceed four hours on weekends and on days when the convicted person is not engaged in his main job, service or study; on weekdays you must work at least two hours after finishing work, and with the consent of the convicted person - four hours. The time of compulsory work during a week, as a rule, cannot be less than 12 hours. If there are good reasons, the penal inspection has the right to allow the convicted person to work fewer hours during the week.
Who cannot serve his sentence
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.
What does a parent face for not paying child support?
If alimony debts have accumulated, the list of reasons that may be considered valid for exemption from liability is not exhaustive.
In all cases, the judge must evaluate whether specific circumstances can be classified as valid reasons for non-payment of alimony. You can file a claim with a lawyer. In addition, sample applications are often posted in courts. You can use this example, describing your situation in detail and attaching supporting documents. In what case will the debtor parent be released from liability, despite the arrears of child support?
How do bailiffs force persistent defaulters to fulfill their alimony obligations? (read more…)
Bailiffs are brought to administrative responsibility for negligent parents. This is possible in the event of non-payment of funds for the maintenance of children without good reason according to a judicial act, court order or agreement on the payment of alimony. The court holds parents criminally liable for malicious evasion of their child support obligations.
As a general rule, if the debtor parent already pays child support, then it should be collected from other children through the district court. The mother of twins needs to contact the district court at her place of residence or the defendant.
The procedure and features of serving the sentence
After the sentence enters into legislative force, a copy of it must be sent to the district inspectorate, whose employees are directly involved in the execution of such types of punishment. The citizen is then registered and a personal file is created for him.
The procedure for the formation and execution of punitive measures as labor involves the following steps and tasks:
- An inspector's visit to a citizen. This is important for delivering a notice with the date and time of appearance at the inspection.
- Dialogue with a convicted citizen on the day of his appearance.
- Giving the convicted person a written referral to the company in which he will serve his sentence.
- A call from the inspector to the company to confirm the appearance of the defendant and record the start of work under a contract or officially.
- Receipt by the inspector of a report card and other information indicating working hours and wages.
If during work a citizen’s situation worsened (the appearance of children, alimony, deteriorating health and other reasons for non-payment), he has the right to apply directly to the judicial authorities with a request to reduce the interest paid to the state.
The inspector and the one who offers the work have the right to do this, but in practice there have been no such cases. After the term ends, the convicted person will be deregistered, however, within a calendar year from this date he will be a convicted person. This is also noted by sources of Russian penal legislation.
Application to initiate a criminal case for non-payment of alimony. Sample
We have made small instructions for you on how to write an application so that you do not make mistakes:
Look below at a sample application to initiate a criminal case for non-payment of alimony, which was prepared by our lawyer. Be sure to indicate the date from which the debtor does not pay. Do not forget to write the number and series of the writ of execution or court order issued by the court.
Competence and job responsibilities of inspection staff
Inspectorate employees are engaged and competent in monitoring the actions, motivations and behavior of the convicted themselves when imposing a certain punishment on them = this is correctional work of the Criminal Code of the Russian Federation.
The duties of the inspector are described in the UIZ:
- Maintaining control.
- Monitoring compliance with the 30-day deadline within which work must begin.
- Checking attendance at work.
- Periodic visits to the work area.
- Taking measures sufficient to obtain evidence, refusal of absenteeism or failure to appear due to valid reasons.
- Checking the withholding of funds and indications on account of the state budget, reconciling data on wages with data on the amounts transferred to the convicted person.
- Sending requests to various authorities and structures to search for a convicted person.
These and other duties must be performed by the inspector.
Civil liability for non-payment of alimony
Responsibility for non-payment of alimony: types, mechanism, punishment The responsibility of parents to support their children is enshrined at the constitutional level. So, according to Art. 38 of the Russian Constitution, caring for children and raising them is an equal right and responsibility of parents. Moreover, the word “care” also implies the allocation of funds for the child’s development and existence. However, some clarifications were given by the Presidium of the Supreme Court on May 13, 2015 . When deciding whether to exempt a person from paying money for child support, the following conditions must be taken into account:
A criminal record is a negative consequence that can leave an indelible mark on a career, since certain positions cannot be held with a criminal record (for example, positions as a civil servant).
Here is a small list of situations that may be signs of malice on the part of the debtor:
Who else can be connected to control?
Knowing what it is, we can list some of the functions of other services:
- Prosecutor's office. It is an edifying body whose employees must check the cases of convicted citizens and all the necessary conditions for serving their sentences at least once a quarter. And, if the employee’s actions violate the laws, the prosecutor has the right to demand that the inspectorate employee be brought to disciplinary liability.
- Police, namely the PDN department (when serving sentences by minors). The police are called upon to assist the inspection in accordance with the Criminal Code of the Russian Federation.
- Administration of the employing company where the convicted person works. It is such a company that is legally entrusted with control over an employee at his workplace. This includes drawing up time sheets, calculating working hours and ensuring labor safety.
All these bodies and structures are responsible for monitoring the work and its implementation by the convicted person when presenting his behavior within the work system.
Responsibility of a citizen when evading work
According to practice, in approximately two cases out of ten, a citizen deliberately avoids performing work.
Violations and deviations in this case are:
- ignoring the issued referral for employment in the organization;
- failure to appear at the inspection;
- absenteeism at work affecting performance;
- the appearance of a citizen at the workplace in a state of intoxication.
In such cases, the following measures may be applied to him:
- a warning issued in writing, which states that correctional labor can be changed to another type of serving the sentence;
- requiring the employee to report to the inspection every 15 days.
When giving a written warning, the inspector is required to fill out the form provided for in the instructions, in which the type of violation must be described and a reminder that correctional labor as a type of criminal punishment can be replaced by other types of punishment.
Even taking into account the simplicity of the written form, this warning has a strong influence on the defendant - they make it clear to him that he may lose his freedom. As for the obligation to come to the inspector every 15 days, this measure is not as effective as a written warning. However, at the same time, monitoring the appearance and behavior of citizens becomes more effective.
If a citizen who is officially registered with the inspection and serving a sentence in the form of correctional labor violates the conditions or procedure for serving the sentence 2 or more times, harsh measures are applied to him. For example, an effective measure of liability for such cases is a written referral to the court with a request to replace this type of punishment with imprisonment in prison or a colony, depending on the severity of the crime.
It is also legally possible to change correctional labor to forced labor, however, this type of punishment is not yet practiced on the territory of the Russian Federation. Therefore, all that remains is imprisonment.
