The original article was taken from the website Clerk.ru
To understand the problem posed, it is necessary, first of all, to pay attention to the legal acts that guarantee persons released from prison the right to live in the premises in which they lived until the moment of actual conviction to actual imprisonment.
Currently, Russian courts, when considering this category of cases, are guided by the Resolution of the Constitutional Court of the Russian Federation of June 23, 1995 No. 8-P “In the case of checking the constitutionality of part one and paragraph 8 of part two of Article 60 of the Housing Code of the RSFSR in connection with the request of the Murom City People's court of the Vladimir region and complaints from citizens E.R. Taknova, E.A. Ogloblina, A.N. Vashchuk."
The Constitutional Court of the Russian Federation ruled (clause 1) that the temporary absence of a citizen (tenant of residential premises or members of his family), including in connection with a conviction to imprisonment, in itself cannot serve as a basis for deprivation of the right to use residential premises.
However, it should be noted that this Resolution came into force from the moment of its proclamation and does not have retroactive effect, as was directly stated in it.
Consequently, the question arises: “Were there any guarantees for the preservation of residential premises for persons sentenced to actual imprisonment before the entry into force of the said Resolution?”
The Housing Code of the RSFSR, valid until March 1, 2005, in part 1 of Article 60 established that residential premises are retained by a temporarily absent tenant or members of his family for six months. After this period, these persons could be recognized as having lost the right to use residential premises in court (Article 61 of the RSFSR Housing Code). Clause 8 of Part 2 of Article 60 established that residential premises were reserved for temporarily absent citizens in the event of a sentence of imprisonment for a term of more than six months, exile or deportation - until the sentence was carried out. This category of persons did not fall under Article 61 of the RSFSR Housing Code.
In our opinion, in order to better understand the logic of court decisions made in specific cases, it is advisable to simulate certain life situations in which people find themselves after being released from prison.
Priorities of the Foundation
Special care and concern for convicted women and children in mother and child homes at women's correctional institutions, as well as for teenagers in educational colonies.
The President of the Prisoners Assistance Fund is Kannabikh Maria Valerievna.
The Foundation's employees believe that places of detention should be turned into rehabilitation centers, where teachers, psychologists, sociologists and doctors will work hand in hand.
And some experience has already been accumulated. In particular, together with the administration of women’s correctional institutions in Mordovia, the Moscow region, Vladimir, Tver, and Samara regions, a number of rehabilitation complexes were organized, where women prepare for release in comfortable conditions and where psychologists and social workers work with them.
In the same rehabilitation complexes, convicted women can spend their vacation (since all women work, they are entitled to a two-week vacation).
The Foundation's employees work with a large number of people who have returned from prison, helping them find employment, obtain the necessary documents, and often in solving family problems.
Many people in prison experience certain socio-psychological changes that make it difficult for them to re-enter society.
We hope to awaken the desire to feel and sympathize, to charge you with the knowledge that you helped another person on this wonderful day...
Administration of the Shpakovsky Municipal District of the Stavropol Territory
10.09.2018
Step by step steps:
1 – with the passport and certificate that you were given in the correctional colony, within 3 days after your release you must appear at the department of local police commissioners of the Ministry of Internal Affairs of Russia in the Shpakovsky district to register.
2– if your passport is lost, and it was not restored to you in the colony, then upon release, with a certificate, contact the registration authority at your last place of registration. Within 2 months (in accordance with the law) you will be issued a new passport.
List of documents for obtaining a passport: 4 photographs; personal statement; a copy of the birth certificate; a copy of the release certificate; a document confirming that you live in this territory (if it is a rural area, then this will be an extract from the house register; if it is an urban area, then an extract from the house register or a copy of the financial and personal account).
Registration, registration:
You register in the residential area where you lived before your arrest, with the consent of all adult residents living there.
If one of the adult residents of the living space in which you previously lived does not agree to register you, you can divide your personal account, and your apartment, as it were, becomes a communal apartment, you are not registered in the entire apartment, but in that living space, that is to the room or rooms where a relative lives who agrees to register you. If there is no agreement, you need to go to court.
By the decision of the Constitutional Court of June 23, 1995, convicts retained the right to living space. That is, the fact that you were evicted from the living space, that you are not registered in this living space, does not mean that you have lost the right to it. This right is reserved for you. You apply to the court with a statement (by the decision of the Constitutional Court after my conviction, I retained the right to living space, I ask you to recognize my right to living space and oblige the passport authorities to register me in such and such a living space at such and such an address). If the court decides positively, you are required to register.
If you do not have housing, you can contact the housing authorities with an application for registration. Since you have the full right to live in the locality where you lived before your arrest, but you do not have living space, you are required to be registered as in need of it. However, the queue for housing is extremely slow. Therefore, this task is for the future.
The most likely option for obtaining housing is a dormitory or other living space from the company where you will get a job. Information about enterprises that need labor and have living space is available at employment centers.
In large cities, there are usually rooms in communal apartments with limited amenities that are not in demand among those on the waiting list. Such rooms can be provided out of turn if they are available and those on the waiting list refuse them.
Disabled and elderly people who are unable to provide for themselves or who need care are, with their consent, placed in homes for the disabled and elderly (boarding schools).
Minors who do not have parents or other relatives capable of supervising them are placed in boarding schools or other children's institutions or placed under guardianship.
It should be borne in mind that the previously existing restrictions on registration (now registration), depending on the number and nature of crimes committed, have been abolished. The possibility of registration is determined by the availability of housing and the consent of relatives or the possibility of obtaining a hostel or other residential premises for living.
Getting medical care:
Very often, when people released from prison need medical care and come to the hospital, they are required to register at their place of residence, but they do not have it.
What to do in this situation? The fact is that the provision of medical care (in a clinic, in a hospital, hospitalization, ambulance) cannot depend on the presence or absence of registration of a person. Therefore, if you are refused medical care, you must write a written statement addressed to the chief physician of the clinic or hospital stating that, in accordance with the Constitution, you have the right to receive medical care and are obliged to provide it to you.
At the same time, you need to know that free medical care can be provided to you only if you have an insurance policy issued by an insurance institution. In order to begin this procedure, you will have to fill out a standard application and provide a citizen’s passport (or temporary identity card), SNILS (individual personal account insurance number).
When the application is accepted, the authorized person will either immediately issue you a policy or issue you a temporary certificate of issue of the policy. This document is valid for 30 days, during which the company must issue a compulsory medical insurance policy. After 30 days from the date of application, you will be provided with an insurance policy.
It's another matter when you need to receive expensive types of medical care. These types of assistance are provided only to those people who are registered in the territory of a given subject of the federation and have a medical insurance policy. In the event that you are still undergoing the registration procedure and you need such medical assistance, you must provide a document stating that the registration is in the process of being resolved, and then this medical assistance will be provided to you.
The most important problem is the problem of employment:
Go to the Employment Center. There you fill out documents and are given directions for work. If the enterprises where you were referred did not hire you, you will be declared unemployed with subsequent payment of unemployment benefits. In addition, you have the right to receive education free of charge at the expense of the state from the Employment Center. For example, you may be sent to computer courses. Those who have secondary education can be sent to accounting courses. That is, some types of education that require significant expenses on your part, you, having the status of unemployed, can receive for free.
It is necessary to remember that if you are hired for more than 5 days, according to the Labor Code of the Russian Federation you are required to issue a work book. Your work book must indicate on what basis you were hired, and the work book is kept at your place of work. If you have concluded an employment contract, be sure to take one copy for yourself, because if they later decide to illegally fire you without having an employment contract in hand, it will be very difficult to prove that you took the job and the company had any obligations to you.
Never think that by contacting the Employment Center you will immediately get a high-paying job. More often than not, this is not possible.
You need to get ready to work conscientiously and improve your professional skills, which will subsequently be able to help you acquire a high-paying job. The main thing at this stage is to prove to everyone around you, to your employer, that you value your work and are ready, along with others, to do it efficiently, conscientiously, in compliance with the daily routine established at production.
Relations with law enforcement agencies:
You must be extremely careful and carefully consider your actions. What is forgiven to an ordinary citizen is most often not forgiven to someone who has been released from prison. In order to start a new free life after your release, you must understand that until your reputation is established, that is, the people around you will not have an idea of you as an honest person, a person who will not deceive or steal, unfortunately, they will not approach you. there will be trust.
When you are free, try to fill your free time and do not put off solving the problems facing you.
Try to keep yourself busy with various things as much as possible - family, personal, work, try not to have free time. The transition from a life where everything is regulated, where you live according to a daily routine, where others think and make decisions for you - to a free life, where you are left to your own devices, where you decide for yourself: to go eat - not to go to eat, to go for treatment - not go for treatment, go to study - don’t go to study, this transition is very dangerous. After prison, people experience stress for a long time. This condition is extremely dangerous for the person himself.
Why do they commit a new crime after release?
As a rule, people commit a new crime after their release precisely because their family situation is unfavorable: parents drink, father fights, complete indifference to their fate on the part of, say, older brothers and sisters, etc. This should not have a destructive effect on you. If you can improve your family life, you can, for example, get your parents a job or treat them, try to do it. If you feel that this is pointless, your parents continue to drink, or you see that communicating with them and all your attempts will lead to nothing, try to create your own respectable life.
There is hope that if the above is accepted, then the admission into full members of society of anyone who has stumbled is real, with one condition - he has stumbled once, there should not be a second!
The role of the correctional facility administration
The responsibilities of the administration of the penitentiary institution in relation to the person who has served his sentence include the advance transfer of information about him to the employment service and local government authorities at his registration address.
- The notification to the employment center indicates the degree of the citizen’s ability to work, his specialty and professional skills.
- The administration of the correctional institution must notify local government authorities of the presence/absence of vacated housing so that they can provide appropriate support measures.
Directly from the colony administration itself, on the day of release, a person receives:
- Personal belongings and documents.
- A one-time financial allowance in the amount of 850 rubles, as well as all remaining funds earned by the convicted person on the territory of the correctional institution.
- A set of clothes for the weather.
- An issued travel ticket or monetary compensation providing free travel to the place of residence for the released person.
❸ Seek professional support from rehabilitation centers
You can find out about the presence/absence of a specialized fund for the social adaptation of former prisoners in your city from the social protection service or on the municipality’s website.
As a rule, the list of services provided by the rehabilitation center includes:
- Provision of temporary housing for up to six months
- Providing clothing, shoes, bed linen, hygiene products
- Nutrition
- Help with paperwork
- Legal assistance
- Psychological support
