Forced labor - concept, conditions and features of sentencing

Correctional work for a criminal offense

The essence of correctional labor is to force a person to work, while part of the income received will be withheld in favor of the state.
In other words, the convicted person will continue to work as usual, if the court has not ordered anything else, but the state will take a certain part from his salary - the amount of deductions can range from 5 to 25 percent. The deduction of the part that was specified in the verdict will be made every month.

Deduction will also be made from all other payments that the convicted person receives.

And if the salary is paid not in material, but in kind, then a calculation will be made of what part to withhold from it.

At the same time, taxes and other payments that are assessed on wages are not excluded.

Please know that correctional labor does not usually mean imprisonment.

But this does not mean that they cannot be assigned to a criminal who is sentenced to imprisonment for other, more severe punishments.

Also, the legislation of the Russian Federation provides for exceptional cases when correctional labor can be replaced by temporary imprisonment.

The purpose of correctional labor is not only the restriction of freedom and punishment of the criminal with the withholding of part of his income, but his correction.

It is believed that forced labor for the benefit of the state has a greater effect and prevents relapse than imprisonment of a criminal.

Execution problems

Often there is no suitable execution center in the region. Therefore, knowing this, the courts impose imprisonment contrary to the arguments of the defense.

Another problematic issue is the material support of executive centers.

This often prevents prisoners from effectively exercising their right to work.

In addition, the mechanism for serving forced labor has not been fully developed. In particular, the procedures for deductions from a convicted person’s salary, the procedure for his travel to the enforcement center, etc. are not fully regulated.

Main Differences

How does correctional labor differ from compulsory or forced labor? Despite the similarities, these types of work are not identical. What's the difference? They have a number of differences:

1. Correctional or compulsory labor is usually assigned to the offender’s area of ​​residence. However, a person, as a rule, performs forced labor not in the region of residence. The thing is that there are not many correctional centers; they are not available in every region. The offender can be re-educated in another entity where he does not live.
2. Compulsory work involves the transfer of all funds earned by the offender to the state budget. He gets nothing. Correctional and forced labor indicate that the state takes only part of the money from the criminal, the rest of the money goes to him.
3. Forced labor is the most difficult. Correctional and compulsory ones are much easier and do not involve so much hard work.
4. The term of correctional and forced labor is calculated in months and years, and mandatory in hours, that is, the convicted person must work a certain number of hours.
5. When assigned correctional or compulsory labor, a citizen can continue to work in the same place where he worked before committing the crime.
   This will not work with forced labor: it is carried out in special centers under strict control. It's even harder work.

Compulsory, corrective, and forced labor differ significantly from each other, despite many similarities.

In practice, these types of punishments show high effectiveness and are aimed at re-educating the citizen. Having understood these concepts, a person will no longer be able to confuse them.

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Application practice

So far, the practice of using forced labor as punishment is very small. They are mainly assigned for minor thefts or road accidents. The small number of people convicted under this article is a consequence of the lack of experience in appointment and execution. In addition, as of mid-2022, only four correctional institutions operated in different regions in Russia. Perhaps this also influenced the fact that judges do not try to apply Article 53.1 of the Criminal Code of the Russian Federation too often.

By the end of 2022, it is planned to build new centers and sites at the colonies. A total of 41 new points should be opened, the traffic through which should be from five to ten thousand convicts in one year.

The purpose of the construction of these centers can be said to protect people who have committed minor crimes from the influence of the criminal environment. It must be said that the convicts themselves, who end up in such a center, value the trust shown and are careful about their behavior, knowing that the next stage may be imprisonment. For the state, this is an attempt to reduce the costs of maintaining convicts, since they themselves pay for their food and housing and communal services.

Example of application of Art. 53.1 (Criminal Code of the Russian Federation): citizen Sh.A. stole the property of citizen I.V., tearing a woman’s bag from her shoulder. The total cost of the stolen property, including the bag itself, was thirty thousand rubles. With stolen property Sh.A. fled the scene of the crime.

The court action of Sh.A. qualified under Part 1 of Art. 161 of the Criminal Code of the Russian Federation - robbery.

When considering the case, the court took into account the nature of the crime and the degree of its danger to society, the identity of the perpetrator, the presence of mitigating circumstances, the absence of aggravating ones, and came to the conclusion that the correction of the perpetrator is possible without isolation from society.

The following were considered mitigating circumstances:

• the defendant repented and admitted his guilt;
• compensation for damage without coercion;
• minor child.

No aggravating circumstances were found.

The court of first instance Sh.A. punishment was imposed under Part 1 of Art. 161 of the Criminal Code of the Russian Federation in the form of forced labor.

Execution of a court decision on correctional labor for a criminal offense

When choosing correctional labor as a measure of criminal punishment, the court always takes into account the nature of the crime committed.
This measure of adequate punishment is usually chosen if the crime is of medium or light gravity.

The following may be convicted:

• persons who have violated the Criminal Code of the Russian Federation.
• persons over 16 years of age, in some cases for murder or rape, and 14 years of age.

But at the same time, the court thoroughly checks the mental state of the defendant, whether he could be aware that he is committing a crime.

If the defendant's insanity is proven, a sentence of correctional labor will not be imposed.

Such a penalty after the court hearing can be immediately included by the judge in the sentence.

Or he introduces it later, as a mitigating punishment after imposing a more serious one, that is, as a replacement for imprisonment.

The legislation of Russia also clearly defines persons who cannot be punished by correctional labor.

This:

• pregnant women;
• mothers of young children (under 3 years old);
• disabled people of the first degree who have official confirmation of this;
• conscripts or contract soldiers who hold a position as a private or sergeant, if at the time of sentencing the period of conscription service has not expired.

That is, such a penalty does not apply to persons whose work activity is temporarily limited.
Immediately after the verdict is pronounced and it enters into force, the convicted person is required to register with the criminal-executive inspectorate at his place of residence.

See here how and within what time frame you can challenge a court decision by filing an appeal.

All aspects of carrying out enforcement work as a criminal punishment are regulated by Article 7 of the Criminal Executive Code of the Russian Federation.

An officially employed convict notifies the inspectorate of his place of work, a notice is sent there, and as soon as it is received by the administration, the execution of the sentence begins.

If the convicted person is not employed, the penal inspectorate chooses a place of work for him.

It is written in more detail how to register with the employment center.

Restrictions for attraction

If a citizen evades execution of a sentence, it is replaced by a more severe penalty - 1 day of imprisonment = 1 day of forced labor.

Restrictions on attraction (part 7 of article 53.1 of the Criminal Code of the Russian Federation):

• minor citizens,
• disabled people of groups I and II,
• pregnant women and raising children under 3 years of age,
• pensioners,
• military personnel.

Procedure for execution of punishment

The procedure begins with a search for a correctional institution that is located in the region of residence of the convicted person. If this is not the case, then any other institution is selected where there are conditions for carrying out punishment. Further, the person is either assigned to a dormitory on the territory of the correctional center, or lives at home, but returns to the center every day, and bears the cost of travel. The convict goes through the registration procedure and can begin work the next day.

Personal rights are respected in this category of punishment; prisoners have the right to lunch, but only under the supervision of an inspector. You can dine, again, only on the premises of the institution. It is prohibited to go to a canteen, which, for example, is located across the road or a cafe, even at your own expense, during the working day.

Each convicted person must comply with the established rules that apply in the correctional institution. The prisoner's responsibilities include:

1. Unquestioningly follow the internal rules.
2. Carry out the work carefully at the location where it is determined.
3. Do not leave the territory of the correctional center without appropriate permission.
4. Carry your identification document with you at all times.
5. Participate in landscaping work no more than two hours a week.

As mentioned above, there is a system of rewards and penalties. For good behavior and conscientious performance of work, their term may be reduced, but for evasion of work and violation of the regime, this penalty will be replaced by imprisonment.

One day of forced labor, according to Art. 53 of the Criminal Code of the Russian Federation is regarded as 1 day of imprisonment. When assigning this sanction, the judge must make sure that it will allow the offender to be corrected. If, before the sentencing, the offender was kept in custody during the investigation, the period he spent in prison is subtracted from the total term assigned by the judge, also calculating 1 day of imprisonment as 1 day of work.

Any disobedience or carelessness when performing work is equated to a violation of order, and accordingly entails sanctions; the sentence may be increased.

The following are often prescribed as forced labor:

• street sweeping;
• painting borders;
• collecting garbage on the streets and from trash cans;
• restoration of destroyed buildings;
• care for monuments and other city attractions;
• care of vegetation and trees in parks.

Some people consider these jobs humiliating and unacceptable to perform; accordingly, they petition to replace the punishment with imprisonment. The point of this form of punishment is to shame the offender. He must reflect on his actions and regret them. The psychological factor of carrying out the punishment plays a greater role here, because when sweeping the city, everyone can see neighbors, acquaintances and meet their condemning gaze. Sometimes social disapproval and shame have a greater impact on the psyche of the offender than imprisonment.

Compulsory measures occupy the convicted person from morning to evening six days a week, therefore, in essence, the effect is the same as that of imprisonment. The difference is that prisoners can refuse to perform various types of work, but those sentenced to forced labor do not have such a right.

Despite the effectiveness of punishment, it is prescribed less and less often. The fact is that the prosecution believes that forced labor is not always capable of truly punishing the guilty, and not of embittering him, and guards are not always able to force convicts to work and control the intensity of their duties.

Example

An example of forced labor is the performance of work aimed at improving the territory of the municipality.
The culprits are tasked with cleaning up trash, restoring buildings, and performing other activities that are of social benefit. Video about Article 53.1 of the Criminal Code of the Russian Federation

Similar articles

1. Replacing an unserved sentence with a more lenient punishment
2. Compulsory work as a type of criminal punishment
3. Correctional work as a type of criminal punishment
4. Fine as a type of criminal punishment

Frequently asked questions about correctional labor for a criminal offense

What are the consequences of evading correctional labor?

Absenteeism, as well as other violations, by the way, can cost a person sentenced to correctional labor the comfortable conditions of serving his sentence.

The Penal Code of the Russian Federation lists the following types of violations:

1. absenteeism from work within 5 days after the inspection site has been selected;
2. missing visits to the inspection;
3. absenteeism;
4. showing up at work drunk or under the influence of drugs.

After the first such violation, the person sentenced to correctional labor is given a warning. But repeated violation of the order of serving a sentence by convicts who already have a written warning is considered malicious evasion.

The court may reconsider its choice of punishment in relation to malicious evaders and replace it with a more severe one. In this case, forced labor or imprisonment may be used.

As the name of this type of criminal punishment, correctional labor, implies, their main goal is to direct the convicted person on the path of correction, giving him the opportunity to work, but at the same time be at his place of residence, and not in prison.

Once the sentence begins, the convicted person has the obligation to constantly work, with breaks only for good reasons. But in general, the relationship between the convicted person and the employer continues to be regulated by labor legislation.

Differences from compulsory and correctional labor

Forced labor is applied to persons who have committed an unlawful act, which is classified as moderate or mild, and is accompanied by aggravating features.
This measure of punishment has similar features to some types of punishment. The measure in question differs from correctional labor in the place in which the sentence is served. Often this is a special correctional institution, which is located in the region where the offender lives. The second difference is that the convicted person is constantly in the place of serving. There are also minor differences due to the execution order.

Compulsory work differs in that the convicted person does not receive wages for performing it, whereas during forced labor the person receives wages within certain limits. The court sets a certain period during which compulsory work is performed, while compulsory work is performed for the entire period.

Similarities in these types of punishment

These types of punishment have both similarities and differences.

The similarities between these works are as follows:

• for evading work, the violator will face imprisonment;
• all types of work are mandatory and the offender cannot refuse to perform them;
• You cannot resign without special permission. You must first contact a special commission, where permission to dismiss may not be given unless there are compelling reasons;
• The execution of the work is carefully controlled: it cannot be avoided. If evasion is considered, the offender is sent to prison;
• all types of work are enshrined at the legislative level in the Criminal Code of the Russian Federation and are prescribed in articles;
• This punishment always lasts for a certain period appointed in court.
  The more serious the violation of the law, the longer the punishment lasts.

Concepts and legislative regulations

Mandatory

Compulsory work implies that a convicted person performs free, socially useful work in his free time.

Their type is determined by compulsory medical insurance.

The number of hours of such work is different in each case, it all depends on the circumstances of the criminal case. The duration of such work varies from 60 to 480 hours.

It should be noted that the person punished cannot perform community service for more than four hours a day. Public works are established at the legislative level: they are prescribed in Article 49 of the Criminal Code of the Russian Federation.

Compulsory labor is applied as a main measure instead of a fine or as a mitigated punishment.

The citizen does not receive a salary for the work performed. The funds are sent to the state budget.

A citizen cannot choose the type of work or place where it will be carried out. They are always forced, without the right of refusal. Their goal is purely educational and has a moral impact.

Such work helps the offender understand that there is no excuse for his misdeeds and they should not be committed in the future.

Usually this punishment really helps to rehabilitate offenders and prevent them from committing crimes in the future. However, if a person does not perform such work, he may be sent to prison.

What is compulsory work ordered by a court? Read about it here.

Watch the story about mandatory work:

https://youtube.com/watch?v=Y5jovHtL7PI%3Fecver%3D1

Correctional

Correctional labor is a type of criminal punishment that involves forcing a violator to work.

It is characterized by the deduction of a certain part from his earnings to the state income.

These works are established at the level of law, prescribed in Article 50 of the Criminal Code of the Russian Federation. From 5 to 20% of income can be deducted from a citizen’s salary, depending on the circumstances of the criminal case.

Corrective labor can last from 2 months to 2 years. The offender serves his sentence at his main place of work. He can stay in the subject of residence, in his hometown.

If the convicted person does not have a permanent job at the time of sentencing, the place where he will serve his sentence is determined. Typically, correctional labor involves performing low-paid labor. Violators, as a rule, work as janitors and loaders.

They cannot resign of their own free will. Convicts must first obtain permission from the penitentiary inspectorate for dismissal.

If there are no compelling reasons, this permission will not be obtained and the citizen will have to continue to work in the assigned place, even if he does not like it.

Where do those sentenced to correctional labor work? Find out from the video:

https://youtube.com/watch?v=mB9Np8YtfMI%3Fecver%3D1

Forced

Forced labor is used as an alternative to restriction of freedom.

They are appointed for both minor misdemeanors and serious crimes. The purpose of such work is to re-educate the offender.

When performing such work, 5-20% of the amount is deducted from the prisoner’s salary. The exact percentage is always determined individually. It all depends on the circumstances of the criminal case and the severity of the crime committed.

If it was serious, the offense is serious, 20% may be deducted from the salary. The duration of this punishment varies from two months to five years. It is enshrined in Article 53.1 of the Criminal Code of the Russian Federation.

If the offender is punished with imprisonment, then forced labor is not assigned. The offender performs such work in correctional centers. If possible, the punished person performs work in a correctional center in the subject of residence.

All work performed by the criminal is monitored by employees of the criminal correctional inspection. This is necessary so that the person being punished does not avoid his duties and actually does what is required.

Why are they punished with forced labor? Expert comments:

https://youtube.com/watch?v=HlYSeS4ARFo%3Fecver%3D1

When and deadlines apply

This penalty is applicable in a situation where a crime is committed for the first time.
The category of act can be minor, moderate, and in exceptional cases, grave. The criminal law stipulates that this type of punishment is established for a period of two months to five years. The specific duration is established as a result of the consideration of the case by the court, when all the features of the committed act must be taken into account.

Often, when the culprit has positive characteristics, the period for assigning forced labor does not exceed six months.

The concept of forced labor

Forced labor, as a type of criminal punishment, is used to re-educate people whose actions were considered insufficient for a full prison term, or if this was an isolated case. Among such punishments, forced labor is considered one of the most severe.

What is forced labor according to the Criminal Code of the Russian Federation? They represent one of the ways to bring people to justice by performing certain physical labor, which is assigned by employees of the penal system. More information about what forced labor is is described in Article 53 of the Criminal Code of the Russian Federation. Execution of punishment in the form of forced labor is carried out in special centers.

Important! If there is no such center in the region in which a convicted person lives, then he is required to be sent to the center closest to his place of residence and perform forced labor there.

The main goal that is set for such work is the re-education of the person who committed the crime due to the psychological influence exerted by the type of work and the place where it is performed.

According to the Criminal Code of the Russian Federation, such serving of a sentence can be used as a substitute for a real sentence for persons:

• assisted the investigation and the court at all stages of the case;
• those who admitted their guilt and repented;
• without malicious intent;
• those who committed the act because of their own frivolity;
• whose crime is of minor or moderate severity, and also if this was the first case of criminal prosecution.

In total, there are 4 centers in Russia, which can accommodate 900 people. They are located in the Tambov and Tyumen regions, Primorsky and Stavropol territories. Sometimes, if the distance to such a center is too great, convicts are forced to improve their own city or engage in other activities.

This type of punishment can only be applied to those persons whose sentence for the crime committed does not exceed 5 years, otherwise such a replacement is impossible. This is due to the fact that this type of “working out” can be assigned for a period from 2 months to 5 years, depending on the severity of the crime committed.

The main distinguishing feature is that the convicted person is paid for his work. In this case, a certain percentage is charged by the state or it is used to pay off the alimony debt. The amount a person receives does not exceed the subsistence level by much. In addition, in these centers constant conversations are held with the convicted person, which makes it possible to influence them and start the process of re-education.

Places of departure

Convicts serve their sentences near their place of residence. Convicts are required to report to the penitentiary department. This body gives instructions on how activities will be carried out.
In a situation where forced labor involves performing work under the direction of foremen or supervisors, this suggests that the convict will sweep streets, collect garbage, paint curbs, and perform other types of hard men's work.

A time is set for a lunch break. This is mandatory, but meals are also supervised by a supervisor.

Notes

1. ↑ Kulikov
   V. , Rossiyskaya Gazeta (March 16, 2010). Retrieved February 2, 2013. “The authors of the project do not hide that they took the “chemistry” of Soviet times as a model.”
2. ↑, Radio Mayak (01/04/2013). Retrieved January 4, 2013.
3. ↑ Kornya A.
   There will be no “chemistry” // Vedomosti. - 2013. - No. 175. - P. 3.
4. ↑, RIA Novosti
   . Retrieved January 1, 2022.

This page was last edited on September 26, 2018 at 8:12 pm.

Take into account the qualifications of the convicted person

When applying for employment, the FSIN will try to take into account the qualifications of the convicted person, but this will depend on vacancies on the labor market and on employers. To a greater extent, such convicts can expect unskilled work, which today is more often performed by migrants. The FSIN will study the workforce needs of enterprises and municipalities.

“We will be able to provide convicts with housing conditions, but much depends on the municipalities - on their submission of applications for work,” explained the deputy head of the FSIN.

At the same time, the provisions of the Labor Code will be almost fully extended to convicts, with the exception of the right to quit.

Forced labor and prohibition of forced labor

Sometimes the question arises about the compatibility of forced labor (as well as forced labor of those sentenced to imprisonment) with the prohibition of forced labor established by paragraph 2 of Art. 37. To resolve this issue, they turn to the international conventions on the prohibition of slavery and forced labor signed by the USSR and Russia, which make exceptions and allow forced labor as a punishment imposed by a court verdict (or a component of such a punishment). They are also allowed to perform compulsory labor related to the performance of military service or other civil duties, as well as during the introduction of martial law or in emergency situations.

Kinds

It is customary to distinguish two types of forced labor, which depend on the territorial location of correctional centers.

Thus, this punishment can be imposed and carried out to be served on the territory of the subject of the Federation where the convicted person permanently resides . According to the legislator's plans, it is precisely this circumstance, among other things, that distinguishes this type from others provided for by criminal law.

However, there is also a practice when a person is assigned work outside his region of residence. This is due to the lack of correctional centers, as well as their limited capacity.

Correctional centers

As has already been said, a court decision on punishment by forced labor is executed in special centers in the region of residence or receipt of the sentence; it is allowed to create an isolated area within a correctional institution that operates as a correctional center.
Convicts who are at large at the time of sentencing, and those who have had part of their sentence of imprisonment replaced by work, are sent to the center on their own. They must be on site no later than the time specified in the order of the penal system authority. Travel and food are paid by the state.

Those convicts who were in custody at the time of the verdict are sent to the correctional facility accompanied by an escort and are released upon arrival.

The correctional center is subject to round-the-clock supervision; staying there is regulated by internal regulations, mandatory for convicts; in addition, they are required to perform the work assigned to them and constantly remain on the territory of the correctional institution. A dormitory has been set up for convicts to live in; it is forbidden to leave it without permission from the administration during non-working hours, including on weekends and holidays.

There are other prohibitions. There is a list of prohibited items and substances. The living quarters and personal belongings of convicted persons may be searched; if such items are found, they are taken for storage or destroyed.

Convicts are required to always carry an identity document with them, and also perform free work to maintain order in the center, but no more than two hours a week.

In essence, forced labor in criminal law refers to lighter penalties. In addition to educational work, incentives are also used. This may include giving thanks, early termination of work, or providing the opportunity to temporarily leave the correctional center.

Staying outside the center’s territory is possible with the permission of the administration:

• up to five days to resolve urgent issues - immediately;
• 18 calendar days - annual paid leave - for those without penalties who have served 1/3 of the sentence. Unemployed convicts are not granted annual leave;
• living with family on the territory of the municipality closest to the correctional center - without penalties, having served 1/3 of the sentence.

Part-time study is permitted to obtain secondary or higher vocational education if the educational institution is located on the territory of the municipality closest to the correctional institution.

Well, accordingly, there are penalties for violations. Briefly, this could be a reprimand, arrest for 15 days, revocation of permission to live in a non-dormitory.

Convicts are provided with sleeping places in a dormitory and bedding. They must provide themselves with clothing, shoes and food. If the convicts do not have their own money, the administration of the correctional institution takes care of the provision according to established standards. Subsequently, the convicted are obliged to return the money spent on them.

The administration is obliged to provide a person serving a sentence with a workplace, taking into account individual characteristics. The convicted person himself is deprived of the right to refuse the offered place.

The work of convicts is regulated by the Labor Code of the Russian Federation; this does not apply only to the rules of admission, dismissal from work, transfer and refusal of work, as well as the provision of annual leave.

Most often, work for convicts is provided in the housing and communal services sector. This mainly involves garbage collection and landscaping. One of the first state corporations to agree to provide jobs for those sentenced to forced labor was Russian Railways. Work is underway to attract other companies. When locating centers, areas where there is a shortage of workers are taken into account.

From the wages of convicted persons, the amount established by a court decision is withheld in favor of the state or another person, if the sentence was passed for non-payment of debts, as well as to compensate for the costs of its maintenance. The convicted persons themselves are paid at least 25% of their wages.

Distinctive features of punishment

Forced labor is prescribed for educational purposes. They are used in cases of commission of a crime for which the possible term of imprisonment will not exceed 5 years. Also, such work is assigned as a substitute for punishment.

The main differences between forced labor are:

• Transfer of the main part of the salary to the state budget or to the account of the injured person. However, the convicted person can go to court so that he can receive a small part of the money earned (5-20%). This is the main difference between forced labor and compulsory and correctional labor.
• Regular visits to regulatory authorities for marking.
• For good behavior, the subject is provided with various incentives, and for bad behavior, on the contrary, penalties.
• The convicted person must undergo educational discussions.
• This type of punishment is carried out in specialized correctional centers for forced labor.
• In places of serving their sentences, convicts may be provided with a bed in a dormitory, but they must buy food and clothing at their own expense. If a person serving a sentence does not have the opportunity to provide himself with the basic necessities, then funds for these purposes will be allocated from the federal budget, but only within the established norm.

Article 60.4. The procedure for serving forced labor

1. In correctional centers, the internal regulations of correctional centers are in effect, approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties, in agreement with the Prosecutor General's Office of the Russian Federation.

2. Those sentenced to forced labor are under supervision and are obliged to:

a) comply with the internal regulations of correctional centers;

b) work where they are sent by the administration of the correctional center;

c) constantly remain within the territory of the correctional center (except for cases provided for by this Code), live, as a rule, in dormitories specially designed for convicted prisoners, and do not leave them at night and after hours, weekends and holidays without permission from the administration of the correctional center;

d) participate without pay in work to improve the buildings and territory of the correctional center on a first-come, first-served basis during non-working hours, lasting no more than two hours a week;

d) always have with you a document of the established form identifying the convicted person.

3. For those sentenced to forced labor to resolve urgent social, everyday and other issues, the administration of the correctional center may allow short-term travel outside its boundaries for a period of up to five days immediately after the convict is registered and registered at the place of stay (for a citizen of the Russian Federation) or placement for migration registration at the place of stay (for a foreign citizen or stateless person).

4. Those sentenced to forced labor are prohibited from acquiring, storing and using objects and substances, the list of which is established by the legislation of the Russian Federation and the internal regulations of correctional centers. If such items and substances are found in the possession of convicts, they are subject to confiscation by order of the head of the correctional center and transferred for storage or destroyed, about which a corresponding act is drawn up.

5. Persons sentenced to forced labor and the premises in which they live may be searched, and the belongings of convicted persons may be subject to inspection. The grounds and procedure for conducting searches and inspections are determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.

6. Those sentenced to forced labor who do not violate the internal regulations of correctional centers and who have served at least one third of their sentence, upon their application, on the basis of a resolution of the head of the correctional center, are allowed to live with their family in a rented or their own living space within the municipality, on the territory where the correctional center is located. These convicts are required to report to the correctional center for registration four times a month. Registration days are established by decree of the head of the correctional center.

7. Those sentenced to forced labor without penalties are allowed by the administration of the institution, upon their application and on the basis of a resolution of the head of the correctional center, to travel outside the correctional center for the period of annual paid leave.

8. Those sentenced to forced labor are allowed to study by correspondence in professional educational organizations and educational organizations of higher education located within the municipality in whose territory the correctional center is located.

Alcohol and cards are prohibited

Convicts sent to correctional centers for forced labor will be prohibited from drinking alcohol, playing cards and getting tattoos. In correctional centers there will not be the same security as in a correctional colony, but a convicted person can leave the territory of the center at night or after hours only with the permission of the administration, and if he has received the right to live outside the center, he will have to report four times a month.

The internal regulations of correctional centers also include a list of items that are prohibited from storing, including drugs, all types of alcohol, including beer (even yeast is prohibited), playing cards and tattoo supplies.

The use of alcoholic beverages and drugs will be considered a malicious violation, after which FSIN employees must submit documents to the court to commute the punishment to imprisonment. Malicious violations also include petty hooliganism, disobedience to the administration or insulting employees, being late in returning to the center for more than 24 hours or leaving without permission, as well as organizing a strike. For violation of labor discipline, rules of residence, failure to appear for registration, violation of public order, subject to administrative punishment, they will be reprimanded or sent to a room for violators.

Replacing the punishment with imprisonment can also await those who evade receiving an order to be sent to a correctional center, who did not arrive within the prescribed period or did not return after the expiration of the permitted period of departure.

“But there are also incentive measures - these are gratitude, early removal of a previously imposed penalty, or permission to leave the correctional center on weekends and holidays (within the municipality),” Maksimenko explained.

Violations and evasion

In case of violation of the order or conditions of stay in a correctional institution, the above penalties are applied to the convicted person.

Classification of violations:

1. Simple violations.
2. Malicious violations.
3. Evasion.

Violations include actions that violate order and discipline, violation of the rules of residence and internal regulations.

Malicious violations include the use of alcoholic beverages and drugs, hooliganism, refusal to obey or insulting the administration, organization and participation in any acts of disobedience, refusal to work, unauthorized departure from the territory of the correctional center, and being late for more than a day.

Those who evade work will face a punishment more severe than a simple penalty. Those who did not arrive at the correctional center within the prescribed time limit, who did not return on time or left their place of work or center without permission, are put on the wanted list and detained for 48 hours or, by a court decision, for 30 days.

For those who evade receiving the order, work by court decision is replaced by imprisonment with the calculation of one day for one day.