Criminal amnesty in 2022

TASS DOSSIER. Amnesty (from the Greek amnhsteia - forgiveness, oblivion) is one of the measures applied by the state to persons punished for committing a crime. It consists of complete or partial release from punishment, its mitigation, cessation of prosecution, expungement of a criminal record, as well as release from criminal liability. Unlike pardon, it applies “to individually unspecified categories of persons.” Amnesty does not mean rehabilitation and is only forgiveness for committing a crime.

Applies to criminal offenses committed before the announcement of the amnesty or its entry into force.

In the Russian Federation, the State Duma, in accordance with Article 103 of the Constitution of the Russian Federation, adopts resolutions on declaring an amnesty and on the procedure for its implementation. The draft resolution is submitted to the State Duma of the Russian Federation and is considered by it in the same manner as all bills submitted for consideration. The resolution is adopted by a majority vote of the total number of deputies, signed by the Chairman of the State Duma and comes into force from the moment of its publication. In this case, approval of the resolution by the Federation Council and the President is not required.

Criminal amnesty in 2022 - 2022

Criminal law first appeared in Russia at the beginning of the 19th century, when it was specifically separated from the general code of laws of the Russian Empire.
At that time, the Criminal Code included 765 articles that defined the general features and characteristics of various types of crime violations, provided a more detailed description of the nature of the crime, the rules for determining the potential punishment for each of the offenses, as well as an algorithm for canceling punishment in the event of an unfair punishment.

It is worth noting that the Russian Empire was one of the first to separate the Criminal Code and law into a separate branch of legislation, which was a significant progress in the state system of that time, allowing it to significantly outstrip neighboring states.

Before moving on to a criminal amnesty in 2021-2022, we should consider the immediate definition of this term. It is worth noting right away that the widespread opinion that pardon and amnesty are the same thing is incorrect.

Such a misconception has formed among the people due to the versatility of the Russian language, as well as the extremely close meaning of these two words. Without delving into legal terminology, the main difference between a pardon and an amnesty is that a pardon is aimed only at a specific person, while an amnesty, in turn, applies immediately to a certain range of citizens.

In this case, a pardon can only be issued by the president of the state, for which he signs the corresponding document. Now let's move on to consider the direct definition of the term “amnesty”.

If we turn to modern dictionaries, amnesty means a measure adopted and confirmed by a decision of the relevant government authority in relation to individuals who have committed a crime.

This measure may imply the full or partial release of the prisoner, or a change in the form of his punishment to a more lenient one. The decision to grant amnesty most often affects a specific age group or a group defined by gender.

For example, categories of the population such as pregnant women, minors, and the elderly may be eligible for a criminal amnesty. It is worth noting right away that these individuals should be sentenced to short sentences for minor crimes.

The main objective of the amnesty is to regulate the work of correctional institutions. Of course, another reason for the amnesty is the humane treatment of people. However, in practice, in most cases there is a serious need to free up correctional facilities to house more dangerous criminals in the future.

Sometimes an amnesty decision can be used for certain political reasons, for example, to end an armed conflict or increase the level of satisfaction of the population during critical times, since not only prisoners, but also their many relatives and loved ones count on receiving amnesty.

In most cases, the decision on amnesty is timed to coincide with some important public holiday. The Russian Federation uses a similar approach. That is why, on the eve of major holidays, prisoners begin to expect a potential amnesty.

It is also very important to note the fact that criminal amnesty is carried out much less frequently for other articles, and is rarely carried out more than once every 5 years. At the same time, persons subject to amnesty are strictly checked for compliance with a full list of criteria. As a result, very few prisoners are released during criminal amnesty.

Amnesties can also be classified into two main groups:

Unplanned;
Planned.

Unplanned amnesties affect an even narrower category of prisoners, and therefore are also called “small”. It is extremely difficult to determine that such an amnesty will be carried out in the near future, and it is unlikely that it will affect you or your loved one.

Planned amnesties are larger and are dedicated to significant holidays or anniversaries. It is precisely such amnesties that one can try to predict.

For anyone interested in amnesty in the Russian Federation, the news is disappointing. The last time a criminal amnesty was held was in 2015, it was timed to coincide with the 70th anniversary of the victory in the Great Patriotic War.

At that moment, it contributed to an additional rise in the spirit of the nation, as well as an increase in the satisfaction of the population at the time of the beginning of the crisis. However, since then the decision to hold an amnesty has no longer been seriously considered.

In 2022, the Federal Penitentiary Service proposed a potential criminal amnesty due to the rapidly deteriorating epidemiological situation due to coronavirus, but the State Duma of the Russian Federation rejected this initiative.

According to its representatives, release would hardly contribute to the improvement of the epidemiological situation, and the fact of the pandemic itself cannot be considered as a reason for obtaining release.

Other reasons for deciding on a criminal amnesty included the 75th anniversary of the victory in the Great Patriotic War, the 5th anniversary of the return of the Autonomous Republic of Crimea to the Russian Federation, the 25th anniversary of the adoption of the Constitution of the Russian Federation, as well as the 30th 10th anniversary of the withdrawal of Soviet troops from Afghanistan.

However, such initiatives did not reach the consideration stage. At the moment, no decisions have yet been made on them, and given the passage of time, it can hardly be expected that these factors will become a reason for a criminal amnesty.

Required documents

To register property, you need to contact the local administration. The main advantage is that you can provide any certificate that will prove that you own the property.

What documents are needed for the “garage amnesty”:

Any certificate from the administration about the provision of space for a garage.
Any document from the company where you worked and which allocated the land. For example, a certificate from a plant, factory, collective farm, etc.
Any document about shares in a garage cooperative.
Documentary decision of the cooperative meeting at which you received the garage.
Technical plan of the facility.
Technical passport (you can apply for it at the BTI).
Cadastral plan of your site and its schematic location.
Receipts for payment of any utilities, connection to various networks, etc.
Certificate of inheritance of the garage (if it belonged to your relatives).

Important ! Authorities of different regions may make their own demands for lists of documents. Be careful.

All certificates must be submitted to the district administration or the MFC. They themselves submit the following applications to Rosreestr:

about preliminary approval;
on the transfer of ownership of land.

There is no need to pay state duty. In addition, most of the documents are prepared by local authorities. You can contact Rosreestr yourself, but this service is paid: 350 rubles for real estate and 350 rubles for a plot.

As a rule, registration of a plot and registration of rights to a garage and land occur simultaneously. Waiting time is about 20 days.

Important ! After registration of rights, the state assesses taxes.

Another advantage of the bill is the provision of funds from the budget to pay for the services of cadastral engineers for the “garage amnesty”. In some regions, a maximum maximum cost for such work has been established; in others, garage owners can call cadastral specialists for free. For details, contact the city administration.

Criminal amnesty in the Russian Federation in 2022

In 2022, the State Government has not yet made statements on making a decision on a criminal amnesty. For example, the press secretary of the President of the Russian Federation, Dmitry Peskov, said in one of his interviews that at the moment the decision on amnesty was not considered by the authorities at all. However, he admitted that consideration of such an issue could take place at any time in the near future.

Chairman of the State Duma Committee on State Construction and Legislation Pavel Krasheninnikov also said in his interview that it is pointless to expect an amnesty in 2022, although such an initiative is theoretically possible. Krasheninnikov noted that he personally supports such an initiative, however, before making a specific decision, many factors will need to be considered so that the decision made is as balanced as possible.

Moreover, according to him, it is incorrect to carry out an amnesty only for the same criminal articles. He states that citizens, including prisoners, should not forget about the government’s decision, according to which the time spent in a pre-trial detention center began to be counted as a term. Krasheninnikov emphasizes that thanks to such a decision, there has been a significant improvement in the situation with terms of imprisonment, and therefore the issue of amnesty is not so pressing.

In addition, it is emphasized that the danger of holding an amnesty under the same articles leads to the fact that the population ceases to be wary of certain articles of the criminal code, since they know that they will be subject to a quick amnesty. At a medium distance, such decisions can lead to the decriminalization of some articles and a significant deterioration in the criminal situation in the state.

In 2022, President of the Russian Federation Vladimir Putin initiated the May amnesty, which included the following categories of citizens: pensioners, pregnant women, disabled people, minors, military personnel, police officers, victims of the Chernobyl disaster.

At the same time, to be included in the list of persons subject to amnesty, certain conditions must be met, namely, the period of restriction of freedom should not exceed 5 years, moreover, this should be the first imprisonment for a citizen. In addition, citizens who participated in organizing riots and attacks on police will not be able to count on amnesty.

This resolution was unanimously adopted by the State Duma of the Russian Federation, although the consideration of this document took 2 plenary meetings. According to rough estimates, such an amnesty will allow the release of 3-3.5 thousand people from places of detention.

Number of amnesties

The largest amnesty in Russia was announced on May 26, 2000 in honor of the 55th anniversary of the Victory: in total, it covered 877 thousand people, of which 188.1 thousand were released from prison. The amnesty declared on February 9, 1996 included only 11 people - participants in the attack on the Dagestan city of Kizlyar and the village. Pervomayskoe January 9-18, 1996. Ten days later, those amnestied were exchanged for 12 Novosibirsk police officers captured by militants in the village. Pervomaisky and held on the territory of Chechnya.

The procedure for making a decision on criminal amnesty

To adopt a criminal amnesty, a corresponding resolution of the State Duma of the Russian Federation must be formed, which is subsequently considered and adopted by it, after which it must be signed by the president of the state.

Currently, 5 draft resolutions have been submitted to the State Duma for consideration, each of which is dedicated to a specific holiday or anniversary, namely:

100th anniversary of the Great October Socialist Revolution of 1917;
25th anniversary of the adoption of the Constitution of the Russian Federation;
30 years since the withdrawal of Soviet troops from Afghanistan.
Celebrating National Unity Day.
Anniversary of the accession of the Autonomous Republic of Crimea to the Russian Federation.

The likelihood of an amnesty in 2021-2022 increases due to the fact that the last time it was held was in 2015, which means 6 years have already passed. On average, a decision on amnesty is made once every 5 years.

In the event that the State Duma does not have time to consider these resolutions in 2022, then we can talk about significant chances of amnesty in 2022. Moreover, this decision is actively supported by the Russian Chamber of Commerce and Industry, the Agency for Strategic Initiatives, as well as many other business associations.

However, the decision on a criminal amnesty in 2022 may be delayed due to the release of participants in rallies, demonstrations and pickets, which has already been put forward by the President of the Russian Federation.

The most active supporter of a criminal amnesty in 2021 is the LDPR party. This was first stated by Vladimir Zhirinovsky’s press secretary Alexander Dupin. After which the same statement was personally confirmed by the head of the party. However, their statements did not contain any specific date or clauses according to which the amnesty would be carried out. Of all the known details, only the following points can be highlighted:

The solemn event for the amnesty is the 30th anniversary of the State Emergency Committee;
It will only affect persons who were involved in committing minor crimes, that is, those who did not pose a serious danger to society. Such crimes can be considered those that did not have malicious intent or serious consequences and problems for society.

According to this initiative, it is planned not only to mitigate criminal penalties for citizens in places of deprivation, but also to completely exempt them from punishment. Some citizens will be offered partial exemption from punishment or its mitigation.

Such an initiative is fully consistent with the idea put forward by the President of the Russian Federation, Vladimir Putin, who proposed reforming the judicial system so that the consequences of a criminal record “do not hang on a person like an anchor throughout his entire life.”

He emphasized that minor offenses can be committed by each person by accident, therefore one should not drive people into overly strict limits, which will burden his entire future life.

Moreover, the President noted that overly harsh punishments for minor violations may, on the contrary, contribute to the criminalization of the population, since harmless citizens will constantly be with seasoned criminals and adopt their behavior, after which they will fall into a constant circle of “release - violation - imprisonment.”

Putin believes that it is necessary to review the project in order to make certain adjustments and improvements to it. Specifically, it is necessary to reconsider the way the process is implemented, as well as more accurately take into account the rights of convicted and injured citizens.

Prerequisites

One of the prerequisites for the amnesty is the reduction in the number of employees of the penal system over the past two years: in 2013-2014.
their number decreased by 27,000 people. At the same time, many people who have committed minor crimes are serving sentences. The current budget policy also plays an important role: in conditions of extreme savings, about 100,000 rubles are spent on paying for food and living expenses per convict. The Human Rights Council proposes the release of 200,000 people (at the beginning of 2015, 672,000 were imprisoned). In 2000, the same number of prisoners were granted amnesty, and this did not provoke a sharp rise in crime. A reduction in the number of prisoners will allow Russia to move from 10th to 30th place in terms of the number of people serving sentences per 100,000 inhabitants.

List of main features of amnesty according to the Criminal Code of the Russian Federation

The main feature of the amnesty according to the Criminal Code of the Russian Federation is that it is carried out in relation to a certain circle of persons united according to any characteristic, while persons must be convicted only under “light” articles of the Criminal Code.

The decision on amnesty can be made by a strictly separate resolution of the State Duma, which has undergone preliminary consideration.

At the same time, amnesty can be characterized by completely different forms, for example, complete release from punishment, partial release, release from additional punishment, changing the conditions of punishment to more lenient ones. However, in any case, persons who have committed a serious crime will not be able to count on amnesty. The reason for making a decision on amnesty is a memorable or significant date in the history of the state.

Who can be released

Not all citizens have the right to claim release from imprisonment through an act of humanism. Only the following categories of persons can be released:

pregnant women;
women with small children, minors;
female representatives, under 55 years of age and sentenced to less than 5 years;
minor citizens with a term also less than 5 years;
male representatives who have children under 3 years of age in their care;
male representatives who were sentenced to a term of less than 5 years;
citizens with an established disability and sentenced to no more than 5 years.

A more precise list of citizens who fall under the act of humanism is indicated in the Criminal Code of the Russian Federation.

There is already active debate about whether a criminal amnesty will be held in 2022. Of course, if this happens in 2021, then you shouldn’t expect a repeat of the initiative in 2022. However, now an increasing number of people are inclined to believe that such a decision should not be expected in 2022, since the announcement of a future amnesty is carried out long before its adoption.

More than half of 2022 has already passed, and there are no concrete decisions in this direction. In addition, the current epidemiological situation is not conducive to such significant population movements.

Another problem may be the fact that at the moment there are no significant dates in honor of which an amnesty could be held.