Mandatory work: what it is, terms, features of assignment and execution

When committing a criminal or administratively punishable act, a citizen may receive punishment in the form of compulsory, corrective or forced labor.

In a number of cases, the court replaces the performance of work with imprisonment. What should a convicted person do under such circumstances?

How to avoid ending up in correctional colonies by doing work as a punishment? Let's try to figure it out.

What is compulsory work

We are talking about a type of administrative punishment that involves performing community service. This preventive measure appeared in the Code of Administrative Offenses in 2012. Mandatory work has the following features:

• performed by the convicted person in his free time;
• labor is not paid;
• punishment is measured in hours;
• Only a court can sentence a citizen to compulsory labor;
• the scope of work is determined by the municipality after agreement with the FSSP service;
• the convicted person works under the supervision of a FSSP employee.

The nuances of assigning compulsory work are listed in Article 32.13 of the Code of Administrative Offenses of the Russian Federation.

Procedure and conditions of execution

Compulsory work is performed by the convicted person according to the rules that are established by the court and subsequently specified by the criminal executive inspection.

As noted above, a citizen can carry out this punishment only for four hours a day . They cannot attract him to perform work for a longer period. However, if the offender has enough free time, he may ask to increase his period of work to eight hours.

The internal labor regulations are established by the local government body. Those sentenced to compulsory labor are required to strictly follow its rules. They must attend work at the scheduled time. They are obliged to take care of the tools of labor, the property of the local government, etc.

In case of violation of internal labor regulations, the compulsory medical insurance has the right to complain to the executive inspectorate. In the case of a permanent violation that occurs systematically, the court has the right to choose a different penalty for an administrative violation.

Who cannot be sentenced to compulsory labor

This sanction cannot be applied to the following citizens:

1. Pregnant. To obtain an exemption, a woman must provide a certificate from a medical institution.
2. Disabled people of the first and second groups. A document confirming disability can be obtained from MSEC after undergoing a medical examination.
3. Women with children under 3 years of age. The ability to work of such persons is temporarily limited due to the need to care for a child.
4. Citizens who have special ranks in the Federal Customs Service, the Ministry of Internal Affairs, the fire service, the National Guard, and the Investigative Committee of the Russian Federation.
5. Military personnel.

The above persons are subject to a ban on administrative arrest. For this reason, the court must use the alternative penalty of a monetary fine. Citizens who do not belong to these groups can be involved in compulsory labor without any restrictions.

This type of sanctions can only be assigned to individuals. Officials are not subject to such punishment.

How is mandatory work carried out?

In which organizations

The bailiff's order will indicate the organization in which you must serve the work, and the date no later than which you must appear there and begin work.

As a rule, these are municipal institutions and enterprises: medical institutions, educational organizations, housing and communal services enterprises, commercial organizations (for example, factories, factories).

What kind of work

An approximate list of mandatory work is indicated in the appendix to the relevant resolution of the municipal administration. As a rule, it includes landscaping, building and repairing roads, cleaning streets, courtyards, and parks from garbage, whitewashing trees, caring for lawns, cleaning public toilets and landfills, clearing sidewalks of snow, caring for the sick, and the like.

You will not be able to choose works to suit your taste, although you can communicate your preferences to the bailiff. Exception:

• you cannot perform these jobs due to health reasons (for which there is medical confirmation),
• to perform these works you need special knowledge, which you do not have (Part 2 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation).

Any health problems should be reported to the bailiff in advance so that he takes this into account when choosing an “employing” organization.

What to sign when applying for a job

The organization to which you were sent must issue an order to hire you and familiarize you, against receipt, with the internal regulations of the organization, safety precautions and industrial sanitation. There is no obligation to sign any other papers. The organization is not obliged to enter into a fixed-term employment contract with you. You are not required to sign a confidentiality agreement.

Operating schedule

Compulsory work must be performed during free time from work, service or study. The time of compulsory work during a week, as a rule, cannot be less than 12 hours. If there are good reasons, the bailiff has the right to allow you to work fewer hours during the week. The schedule should be as follows:

• up to 4 hours on days free from regular work. Upon your written application, the bailiff has the right to increase this time to 8 hours;
• up to 2 hours on weekdays - after finishing work, service or study. Upon your written application, the bailiff has the right to increase this time to 4 hours;
• The schedule is set by the organization itself. You can try to negotiate with her about an option that is convenient for you;
• if leave/vacation is granted at the place of primary employment, this does not affect compulsory work in any way - they must be continued (Part 6 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation).

At the end of the day, the head of the organization makes notes on the hours worked in the daily report card. It’s better to check this - there were cases when the organization entered it incorrectly and the debtor was then unable to prove what was worked out.

Working conditions

Mandatory work is performed free of charge (Part 8 of Article 32.13 of the Administrative Code of the Russian Federation).

The law provides for the following obligations of the debtor when performing compulsory work (Part 5 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation):

• comply with the internal regulations of the “employing” organization, labor discipline,
• work conscientiously at the objects assigned to them,
• notify the bailiff about the change of residence,
• appear when called by the bailiff.

The standards on compulsory work do not say anything about what working conditions the organization must provide. However, due to the general ban on degrading treatment when applying administrative coercive measures (Part 3 of Article 1.6 of the Administrative Code) and the norms of the Labor Code (Labor Code of the Russian Federation), it should be required that:

• the organization provided the employee with the necessary protective clothing in case of work involving pollution, special temperature conditions, etc. (Article 221 of the Labor Code of the Russian Federation). The list of works and the protective clothing required for them can be found in the Standard Standards of the Ministry of Labor (they are mandatory).
• work was not carried out at night (from 22:00 to 06:00) in relation to the categories of persons specified in Art. Labor Code of the Russian Federation (single parents of children under 5 years old, minors, etc.).
• the labor protection requirements stipulated by the Labor Code of the Russian Federation were observed.

If the “employing” organization does not comply with the above conditions, it is necessary to record all violations (for example, film it, find a witness, submit and photograph a written statement to the administration), and also submit a written statement about these violations to the bailiff.

This will allow you to prove later that your refusal to perform work was due to good reasons - in case you are held accountable for evasion.

For the same reason, if you were unable to perform work due to health reasons, collect medical certificates and contraindications, provide copies of them to the administration and bailiff, and keep them in case of trial.

About deadlines

Information regarding the duration of compulsory work is specified in Article 3.13 of the Code of Administrative Offenses of the Russian Federation. The following deadlines are established at the legislative level:

• minimum – 20 hours;
• maximum – 200 hours;
• a convicted person can work no more than four hours a day.

The convicted person has the right to petition for an increase in working hours to eight per day. In this way he can complete the execution of the punishment faster. An increase in working hours is only possible if the citizen does not have official employment.

The court or other organizations do not have the right to extend the terms of compulsory work. After a citizen has worked the established number of hours, he cannot be re-engaged in unpaid work.

Definition of mandatory work

Criminal-executive inspections carry out all decisions of the judicial authorities, among which there are various types of work (correctional, compulsory, compulsory).

Each of these types of punishment has its own specifics. ORs do not in any way affect the performance of the main work activity. They are performed in their free time and are not paid. Both minimum and maximum deadlines for completing the work have been established. Measurement takes place in hours.

Compulsory work is performed in free time and is not paid

The choice of a particular place in which socially beneficial activities will be carried out is within the competence of the local government body. Compulsory work is also regulated by the Penal Code, which states that work can be carried out for no more than four hours per day.

Corrective and forced labor activities differ significantly from OR. Works of a corrective nature have their own specifics in terms of the order of calculation and execution. So, they are no longer calculated in hours, but in months and years.

Forced labor is the most severe of all the types of coercion described above and consists of the use of so-called alternative measures instead of imprisonment.

Differences between types of criminal punishment:

Within the framework of the Code of Administrative Offences, only mandatory work is applied. The specifics of assigning this type of punishment will be discussed below.

Types of compulsory work

The Code of Administrative Offenses does not imply a classification of compulsory work. Most often, offenders are sentenced to do the following:

• cleaning of territories;
• repair of state or public property;
• washing the facades of municipal buildings;
• painting fences, borders;
• flower care, etc.

The type of activity is determined depending on the circumstances.

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Features of sentencing

When an offense is detected, the official draws up a procedural protocol. The case is then sent to court. Only a judge can impose a punishment in the form of compulsory labor on a violator.

The case is considered as follows:

1. A date and time for the hearing are set.
2. The judge sends notifications to the participants in the process.
3. The case is considered even in the absence of the offender. The main thing is to notify him of the lawsuit.
4. The judge examines personal information about the offender. In this way, he will be able to determine whether the person can be sentenced to compulsory labor.
5. Taking into account the social danger of the offense, the duration of the punishment is determined. In addition, the court draws attention to the presence of mitigating and aggravating factors, as well as other circumstances of the case.
6. The judge makes a ruling.
7. The convicted person is given 10 days to challenge the decision. Then it comes into force.
8. The judicial act is sent to the Federal Bailiff Service, which controls the process of execution of sentences.

How and when to prescribe

The time and procedure for completing compulsory work is determined by the bailiff at the debtor’s place of residence. Upon receipt of documents from the court, he must initiate enforcement proceedings and issue a resolution indicating where, when and in what order the work must be served.

As a rule, the bailiff calls the debtor to an appointment to serve and explain the order, as well as fill out a questionnaire for the debtor. In this form, the bailiff will reflect information about the place of registration and residence, work, study, contact numbers, the presence of special knowledge, medical contraindications, as well as other information that is important when serving compulsory work. It’s better to go to an appointment - perhaps you will be able to influence the choice of work.

The bailiff can also send the order by mail to the place of registration of the debtor.

The imposed punishment may also be displayed in State Services (but not always).

In practice, bailiffs may not issue a decision for months (there have been cases when work was assigned after six months or a year). The law allots 2 years for enforcement proceedings - if during this time the bailiff does not initiate it, or you do not have time to complete mandatory work due to the fault of the bailiff, the proceedings must be terminated.

It is necessary to begin work no later than 10 days from the date of initiation of enforcement proceedings (issuance of a resolution). Unfortunately, the law is formulated exactly this way - and not “from the moment receives the order.” Therefore, it is better to periodically check the status of your enforcement proceedings: call the bailiff service (Bailiff Service) at your place of residence, and also check whether an entry about you has appeared in the debtor database on the Bailiff Service website - especially before traveling abroad.

The procedure for assigning and completing compulsory work is regulated by Art. 3.13, 32.13 Code of Administrative Offenses of the Russian Federation, Art. 109.2 Federal Law dated 02.10.2007 N 229-FZ “On enforcement proceedings”, Letter of the FSSP of Russia dated 25.06.2013 N 12/01-17 171-AP.

Features of execution

The nuances of performing compulsory work are enshrined in Article 32.13 of the Code of Administrative Offenses of the Russian Federation. We are talking about the following rules:

1. The scope of work is approved by a municipal act.
2. The convicted person must work every day. If there is main work, he begins to execute the punishment upon its completion.
3. If a citizen is officially employed, then the norm of work on weekdays is up to two hours, and on weekends – up to four hours.
4. Recording of time worked and quality control of work performed is carried out by FSSP employees.

A citizen may be sentenced to work in accordance with his qualifications. The convicted person has the right to refuse to perform work that requires special knowledge. Such actions will not be considered evasion. Having received a refusal, the bailiffs are obliged to find another job for the citizen.

Convicts serve their sentences according to the following algorithm:

• Having received a court order, the FSSP employee must initiate enforcement proceedings (the document indicates the location of the work and the start date);
• the resolution to initiate enforcement proceedings is sent to the organization in which the convicted person will work;
• the citizen visits the place of work every day;
• upon completion of the term, the organization sends a notification to FSSP employees.

Compulsory work as a type of administrative punishment

Lawyer Antonov A.P.

In clause 10, part 1, art. 3.2 of the Code of Administrative Offenses of the Russian Federation determines that compulsory labor is one of the administrative penalties, which is assigned only as the main one (Part 1 of Article 3.3 of the Code of Administrative Offenses of the Russian Federation). By virtue of Part 1 of Art. 3.13 of the Code of Administrative Offenses of the Russian Federation, compulsory work as an administrative punishment consists of performing free socially useful work by an individual who has committed an administrative offense during his free time from his main job, service or study. Compulsory work is assigned by a judge. Compulsory work as a punishment is provided for by the sanctions of the following articles: Part 2 of Art. 5.26, part 1 - 2 art. 5.35.1, Art. 6.1.1 Code of Administrative Offenses of the Russian Federation, etc. Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day. The maximum time of compulsory work can be increased to eight hours a day in the manner provided for in Part 10 of Art. 32.13 Code of Administrative Offenses of the Russian Federation (Part 2 of Article 3.13 of the Code of Administrative Offenses of the Russian Federation). 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 to employees of the Investigative Committee of the Russian Federation, internal affairs bodies, and national troops with special ranks. Guard of the Russian Federation, bodies and institutions of the penal system, compulsory enforcement bodies of the Russian Federation, State Fire Service and customs authorities (Part 3 of this article). The procedure for performing compulsory work is regulated by Art. 32.13 Code of Administrative Offenses of the Russian Federation. The judge's decision to assign compulsory labor is executed by a bailiff in the manner established by federal legislation (Part 1 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). A similar procedure is established by Federal Law dated October 2, 2007 N 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Law on Enforcement Proceedings) (Article 109.2), where, among other things, it is noted that the execution of a writ of execution on serving compulsory labor is carried out by a bailiff at the place of residence of the debtor (part 2); The bailiff controls the behavior of the debtor while serving compulsory labor, his compliance with labor discipline, the number of hours worked by the debtor, by visiting the organization to which the debtor is sent to serve compulsory labor, or obtaining information from such an organization (Part 6). According to Part 3 of Art. 65 of the Law on Enforcement Proceedings, on its own initiative or at the request of the claimant, the bailiff announces a search for the debtor or his property according to enforcement documents containing requirements for serving compulsory labor. A bailiff has the right to carry out enforcement actions and apply enforcement measures from 9 a.m. to 8 p.m. on non-working days established by federal law or other regulatory legal acts, if this is necessary to monitor the behavior of a debtor serving compulsory labor (Part 3.1 of Art. 35 of the Law on Enforcement Proceedings). 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 (Part 2 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). 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 (Part 3 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Bailiffs keep records of persons who have been assigned an administrative punishment in the form of compulsory labor, explain to such persons the procedure and conditions for serving compulsory labor, agree with local government bodies on a list of organizations in which persons who have been assigned an administrative punishment in the form of compulsory labor are serving compulsory labor. work, control the behavior of such persons, keep a summary record of the time they worked (Part 4 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Persons who have been sentenced to administrative punishment in the form of compulsory labor are required to comply with the internal regulations of the organizations in which such persons are serving compulsory labor, work conscientiously at the facilities designated for them during the period of compulsory labor established by the court, and notify the bailiff of the change. place of residence, and also appear when summoned (Part 5 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Providing a person who has been given an administrative punishment in the form of compulsory work with annual paid leave from his main place of work does not suspend the execution of the administrative punishment in the form of compulsory work (Part 6 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). A person who has been sentenced to administrative punishment in the form of compulsory labor has the right to petition the court for release from further serving of compulsory labor 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 labor. To satisfy this petition, the judge issues a decision to terminate the execution of the decision to impose an administrative penalty in the form of compulsory labor (Part 7 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Compulsory work is performed by a person who has been given an administrative punishment in the form of compulsory work, free of charge (Part 8 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). 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 (Part 9 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). The time of compulsory work on weekends and days when a person who has been given an administrative penalty in the form of compulsory work is not engaged in his main job, service or study cannot exceed four hours; on weekdays - two hours after finishing work, service or study. Based on a written application of a person who has been sentenced to administrative punishment in the form of compulsory work, the maximum time of compulsory work on weekends and days when the person who has been sentenced to administrative punishment in the form of compulsory work is not engaged in his main job, service or study, the bailiff - the performer has the right to increase it to eight hours; on weekdays - up to four hours after finishing work, service or study. The time of compulsory work during a week, as a rule, cannot be less than twelve hours. If there are good reasons, the bailiff has the right to allow a person who has been given an administrative punishment in the form of compulsory labor to work fewer hours during the week (Part 10, Article 32.13 of the Code of Administrative Offenses of the Russian Federation). Similar provisions are found in Art. 109.2 of the Law on Enforcement Proceedings. The administration of the organization in which a person who has been assigned an administrative punishment in the form of compulsory work is serving compulsory work is entrusted with monitoring the performance of this person's work specified for him, notifying the bailiff about the number of hours worked or the evasion of the person who has been assigned an administrative punishment. in the form of compulsory labor, from serving compulsory labor (Part 11 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation). 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 Art. 20.25 Code of Administrative Offenses of the Russian Federation (Part 12, Article 32.13 Code of Administrative Offenses of the Russian Federation). By virtue of Part 4 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, evasion from serving compulsory labor is recognized as an administrative offense, which entails the imposition of an administrative fine in the amount of one hundred fifty thousand to three hundred thousand rubles or administrative arrest for a term of up to fifteen days. The concept of “evasion from serving compulsory labor” is introduced by the Law on Enforcement Proceedings, in Part 3 of Art. 109.2 of which it is explained that this is expressed in absence from compulsory work without good reason and violation of labor discipline, confirmed by documents of the organization to which the debtor is sent to serve compulsory work. The position of the FSSP of Russia regarding the execution of judges’ decisions on serving compulsory labor is set out in Letters dated January 15, 2013 No. 12/01-491-AP and Letters dated June 25, 2013 No. 12/01-17171-AP.

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What happens if you evade

The offender is required to complete the period of compulsory labor in full. You can miss a day of work only if there is a good reason. Otherwise, such actions will be regarded as evasion.

If there are good reasons, a citizen can count on receiving a deferment. In this case, the process of execution of the punishment is suspended. Valid reasons include illness, business trips, death of relatives, etc. Each of the grounds requires documentary evidence.

If a citizen refuses to carry out work or does not show up at the place where it is being carried out, FSSP employees have the right to draw up an administrative protocol. In case of repeated violations, the convicted person may be subject to additional liability. The preventive measure is determined according to Article 20.25 of the Code of Administrative Offenses of the Russian Federation. The violator can be arrested for up to 15 days or given a fine of 150-300 thousand rubles.

Responsibility for avoiding work

You cannot evade the OP. Malicious evasion of compulsory labor entails a change from one type of punishment to another (more severe). However, the law provides criteria according to which this type of correction of the offender cannot be applied. This includes the following cases :

1. If a woman is pregnant, regardless of the period (there must be confirmation in the form of a certificate from the antenatal clinic).
2. If the woman has already given birth and the baby is not yet three years old (the child’s birth certificate must be provided).
3. If the citizen is a military conscript.
4. If the person is disabled (only the first group matters).

Evasion from compulsory labor entails a change from one type of punishment to another (more severe)

A citizen in court can himself petition for the application of a different type of punishment to him, citing good reasons.

Of course, when appointing an OR, the court assumes that the citizen will approach this issue in good faith and will complete the necessary hours. However, this does not always happen. Many unscrupulous persons try to avoid work, do it poorly, do not show up to work, etc.

The law provides for comprehensive measures of influence on such persons. First of all, the local government body (LGU) is obliged to monitor the convicted citizen and report the slightest violations to the criminal executive inspection . The PEC, within its competence, may declare in court to change the penalty.

The Code of Administrative Offenses does not provide for a provision that if compulsory work is not performed, another type of punishment may be imposed. A different provision is enshrined in the Criminal Code of the Russian Federation. It states that OR can be converted into forced labor or imprisonment.

Therefore, it is impossible to fully say that there is responsibility for evading OR. However, in law enforcement practice there is a rule according to which such citizens of the OR are given a fine commensurate with the harm caused by the offense.