Compulsory labor, as a type of administrative punishment, is imposed by a judicial act for committing an offense under the Code of Administrative Offenses of the Russian Federation. This sanction consists of forced performance of work according to a list approved by local authorities. In this material, we will consider what duration of work the court can indicate in a ruling, and how the punishment is executed.
Definition
Compulsory labor is a type of punishment provided for in Article 49 of the Criminal Code of the Russian Federation and Article 3.13 of the Code of Administrative Offenses of the Russian Federation. Appointed only as the main preventive measure for a convicted person instead of a fine or as a mitigated punishment. The essence of the measure is to work the time determined by the court during hours free from the main job. Distinctive features of mandatory work:
- are assigned only to officially employed citizens: students, apprentices, employees;
- are aimed at benefiting the public;
- the convicted person does not receive a salary, and all funds for his work are sent to the state budget;
- coercive nature;
- lack of the right to choose the type of work and place of its implementation.
The main purpose of such punishment is educational. Compulsory work is far from prestigious; moreover, it must be performed at the place of residence, where the convicted person can be seen by friends, colleagues, and neighbors. This measure enhances the effectiveness of moral influence on the offender.
Is a warning a disciplinary sanction?
The most common punishments applied to an employee are a reprimand, warning, reprimand, disqualification, and fine. But not all of them relate to punishments for violation of work discipline.
A reprimand and reprimand are disciplinary sanctions prescribed in the Labor Code of the Russian Federation. The legislation of the Russian Federation classifies the other listed measures as administrative.
But there is an exception. Charters and regulations on discipline for employees of certain services, approved at the state level, provide for additional penalties: warning, compensation for damages, disqualification, reprimand, severe reprimand, deprivation of honorary signs and titles, etc. Therefore, disputes about whether a warning is disciplinary action or not continues.
If the organization belongs to services that have a discipline statute approved at the state level, then the employer can use a type of punishment such as a warning in the form of a penalty. In addition, if the organization has developed and approved a discipline regulation that specifies such a punishment, then it can also be applied to the violator. But in this case, the warning will no longer be a measure of disciplinary action, but a measure of disciplinary action.
Read more: Procedure for applying disciplinary action
Execution order
No later than ten days after the sentencing, the convicted person is subject to compulsory labor. The organizations where the offender is serving his sentence exercise control over the citizen and monitor the quality of work and its duration. The responsibilities of convicts are as follows:
- conscientious fulfillment of labor obligations;
- compliance with disciplinary standards;
- compliance with the rules of the organization where the person is serving his sentence;
- working out all the time determined by the court;
- warning about change of residence.
In case of failure to fulfill obligations or evasion of work, the court may decide to toughen the punishment for the violator.
Is it possible not to punish a crime at all?
When making a decision on an employee’s misconduct, the employer is obliged to take into account the severity of the violation and its consequences, the circumstances that led to the commission of the violation, the previous characteristics of the employee and his behavior, since all of the above are the principles of validity and fairness for all types of legal liability.
The employer not only decides what punishment to apply to the employee (warning, reprimand, dismissal), but also if, during the collection of information about the incident, he decides not to punish the employee, the inspection authorities will not make any claims against him. Since a warning to an employee is a disciplinary sanction of the mildest form. It should be remembered that one offense can only be punished once. And if a warning has already been given, then it is impossible to announce a reprimand or other punishment for the same sin.
Types of jobs
The places and types of compulsory work are determined by local government bodies. The field of activity can constantly change, so convicts are faced with tasks that do not require qualifications or special knowledge and skills. The list of mandatory work is established by municipal authorities. As a rule, these are events to improve the city. These could be the following types of activities:
- landscaping;
- utility and loading work;
- repair work (painting curbs, replacing signs on houses);
- cleaning streets or premises.
The convicted person can serve his sentence in either a municipal or a private city service organization. Types of work are assigned in accordance with the physical abilities of the offender, his age and state of health.
Working hours
How is punishment implemented? Compulsory work involves hourly execution, determined by the court. For a crime, the convicted person is sentenced from 60 to 480 hours, for an administrative offense - from 20 to 200 hours. While serving the sentence, mandatory conditions must be met.
- On working and school days, a convicted person can work no more than 2 hours (by voluntary decision, no more than 4 hours).
- On weekends and holidays, work time should not exceed 4 hours.
- At least 12 hours are worked per week.
- The period of vacations and school holidays does not in any way affect the duration of work.
There are slightly different procedures for juvenile offenders. Thus, the total sentence can be 40–160 hours, and the performance of daily forced duties depends on age:
- 14–15 years old – no more than two hours;
- 15–16 years old – up to three hours;
- from 16 years old – no more than four hours a day.
The number of daily hours can be reduced in case of significant reasons and only by decision of the bailiff.
Compulsory work as a type of administrative responsibility.
On June 8, 2012, Federal Law No. 65-FZ amended the Code of Administrative Offenses of the Russian Federation, according to which administrative liability was supplemented with an additional type of punishment such as compulsory work.
This type of punishment is a new type of punishment for committing administrative offenses.
Compulsory work consists of the performance by an individual who has committed an administrative offense of free socially useful work during his free time from his main job, service or study. Compulsory work is assigned by the judge.
Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day.
Compulsory work does not apply to pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees of internal affairs bodies, bodies and institutions of the penitentiary with special ranks. system, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities.
Compulsory work is performed by a person who has been given an administrative punishment in the form of compulsory work, free of charge.
The period of compulsory labor is calculated in hours during which the person who was given an administrative punishment in the form of compulsory labor served compulsory labor.
The time of compulsory work cannot exceed four hours on weekends and on days when the person who has been given an administrative penalty in the form of compulsory work is not engaged in his main job, service or study; on weekdays - two hours after the end of work, service or study, and with the consent of the person who has been sentenced to administrative punishment in the form of compulsory work - four hours. The time of compulsory work during a week, as a rule, cannot be less than twelve hours.
In case of evasion of a person who has been sentenced to administrative punishment in the form of compulsory work, from serving compulsory work, expressed in repeated refusal to perform work, and (or) repeated absence of such person from compulsory work without good reason, and (or) repeated violation of labor discipline , confirmed by documents of the organization in which the person who has been sentenced to administrative punishment in the form of compulsory labor is serving compulsory labor, the bailiff draws up a protocol on the administrative offense provided for in Part 4 of Article 20.25 of this Code.
In accordance with Part 4 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation for evasion from serving compulsory labor - administrative liability is provided in the form of an administrative fine in the amount of one hundred fifty thousand to three hundred thousand rubles or administrative arrest for up to fifteen days.
This Law also establishes the procedure for releasing a person from serving compulsory labor.
Thus, a person who has been sentenced to administrative punishment in the form of compulsory work has the right to petition the court for release from further serving of compulsory work if he is recognized as a disabled person of group I or II, becomes pregnant or suffers a serious illness that prevents him from serving compulsory work.
The execution of the decision on the assignment of compulsory labor is entrusted to the bailiff service.
Types of compulsory work and a list of organizations in which persons who have been assigned an administrative punishment in the form of compulsory labor serve compulsory labor are determined by local government bodies in agreement with the territorial bodies of the federal executive body authorized to carry out the functions of compulsory execution of executive documents and ensuring the established procedure for the activities of courts. Types of compulsory work that require special skills or knowledge cannot be determined in relation to persons who do not have such skills or knowledge.
A person who has been sentenced to administrative punishment in the form of compulsory labor is required to serve compulsory labor no later than ten days from the date the bailiff initiates enforcement proceedings.
Compulsory work is assigned by a judge.
This type of punishment will be applied from January 1, 2013.
Prosecutor of Vokhomsky district
Junior Counselor of Justice S. M. Dobrov
Who is given this kind of punishment?
Compulsory labor is assigned as the main punishment to persons who have committed the following offenses:
- deviation from arrest, payment of fines;
- harm to the environment;
- failure to maintain order when participating in public events;
- violations during crowds of people;
- blocking the movement of personal and public transport.
An important condition for awarding such a punishment is damage to the health or property of third parties. This preventive measure cannot be used against the following citizens:
- disabled people;
- unemployed;
- pregnant women;
- mothers of children under three years of age.
Representatives of some professions are also not assigned compulsory work. Among them are military personnel, police and fire officials, representatives of the executive system of government and others.
Deviation from work
Not all convicts repent of their crimes. There are also those who irresponsibly shirk their responsibilities. In case of failure to appear and refusal to work, the organization where the citizen was serving his sentence draws up a protocol on the violation. Such an act is regarded as a separate administrative offense and threatens the violator with arrest for up to fifteen days or a fine of 150 to 300 thousand rubles.
In case of malicious evasion of work, the punishment is replaced by forced labor or imprisonment. These include violators who have committed the following actions:
- fled to avoid punishment;
- did not show up for work more than twice within a month;
- repeatedly violated labor discipline.
The term of punishment remains the same, taking into account the time worked. Eight hours of compulsory labor are equivalent to one day of imprisonment or correctional labor.
This type of employment does not require wages, health insurance, or a work record book. Moreover, the period worked does not count towards the prisoner’s length of service. The purpose of such a preventive measure is not simply physical punishment in the form of compulsory labor. Much attention is paid to moral education and putting the offender “on the right path” for the benefit of himself and the surrounding society.
Is it possible to warn a person and how?
A reprimand and warning are the most common sanctions for violations of work discipline. Let's consider: a warning and a reprimand - what is the sequence of application of these measures. A warning is the mildest form of punishment, applied for minor violations of labor discipline, and is a type of sanction such as a reprimand. A reprimand is a fairly serious punishment, as it may be the reason for further dismissal.
Typically, a warning is issued in writing based on the facts of the investigation into the violation. But the regulations on discipline may also provide for the oral form of imposing such a measure.
However, a warning at work has quite serious consequences. The presence of several warnings may be grounds for a reprimand, and two or more reprimands will lead to dismissal. In addition, the regulatory documents of the institution may provide for the impact of punishment on the material component, for example, a reduction in the size of the bonus.
