1. Those sentenced to imprisonment, except for those specified in part four of this article, serve their sentences in correctional institutions within the territory of the subject of the Russian Federation in which they lived or were convicted. In exceptional cases, due to the state of health of convicts or to ensure their personal safety or with their consent, convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation (part amended from May 23, 2005 by Federal Law of May 9, 2005 Year N 47-FZ. 2. If there is no correctional institution of the appropriate type in the subject of the Russian Federation at the place of residence or at the place of conviction or it is impossible to accommodate convicts in existing correctional institutions, convicts are sent, in agreement with the relevant higher management bodies of the penal system, to correctional institutions, located on the territory of another subject of the Russian Federation, in which there are conditions for their placement (part as amended, entered into force on August 5, 2007 by Federal Law of July 19, 2007 N 142-FZ.
3. Convicted women and juvenile convicts are sent to serve their sentences at the location of the relevant correctional institutions (as amended by Federal Law No. 47-FZ of May 9, 2005; as amended by Federal Law No. 5 August 2007 Federal Law of July 19, 2007 N 142-FZ.
4. Convicted of crimes provided for in Article 126, parts two and three of Article 127.1, articles 205-206, 208-211, 275, 277-279, 281, 282.1, 282.2, 317, part three of Article 321, part two of Article 360 of the Criminal Code Code of the Russian Federation, those convicted of particularly dangerous recidivism of crimes, those sentenced to life imprisonment, those sentenced to serve imprisonment in prison, those for whom the death penalty by way of pardon has been replaced by imprisonment, are sent to serve their sentences in the appropriate correctional institutions located in places determined by the federal body of the penal system (part additionally included on May 23, 2005 by Federal Law of May 9, 2005 N 47-FZ; as amended, brought into force on July 11, 2011 by Federal Law of June 27, 2011 N 159-FZ .
Article 73 of the Penal Code of the Russian Federation. Places of serving imprisonment (current version)
1. Those sentenced to imprisonment, except for those specified in part four of this article, serve their sentences in correctional institutions within the territory of the subject of the Russian Federation in which they lived or were convicted. In exceptional cases, due to the state of health of convicts or to ensure their personal safety, or with their written consent, convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation. In the cases specified in part two.1 of this article, the convicted person serves his sentence in a correctional institution located on the territory of a constituent entity of the Russian Federation in which one of his close relatives lives, or on the territory of another constituent entity of the Russian Federation closest to the place of residence of this close relative.
2. If there is no correctional institution of the appropriate type in the subject of the Russian Federation at the place of residence of a person sentenced to imprisonment or at the place of his conviction, or if it is impossible to place the convict in existing correctional institutions, by decision of the federal body of the penal system, the convict is sent to a correctional institution located on the territory of another , the closest subject of the Russian Federation in which there are conditions for its placement.
2.1. Upon a written application of a person sentenced to imprisonment or with his consent, upon a written application from one of his close relatives, by decision of the federal body of the penal system, if it is possible to accommodate the convicted person, he may be sent to a correctional institution located on the territory of the subject of the Russian Federation in which he lives one of his close relatives, or if it is impossible to place the convicted person in a correctional institution located on the territory of the specified subject of the Russian Federation, in a correctional institution located on the territory of another subject of the Russian Federation, closest to the place of residence of this close relative, in which there are conditions for placement of the convicted person.
3. Convicted women and juvenile convicts are sent to serve their sentences at the location of the relevant correctional institutions.
4. Convicted of crimes provided for in Article 126, parts two and three of Article 127.1, articles 205 - 206, 208 - 211, 275, 277 - 279, 281, parts one, one.1 and three of Article 282.1, parts one, one. 1 and third of Article 282.2, Article 317, part three of Article 321, part two of Article 360 and Article 361 of the Criminal Code of the Russian Federation, convicted of other crimes in relation to which there is information about their adherence to the ideology of terrorism, professing, promoting or disseminating such an ideology (in the absence of sufficient data to resolve the issue of initiating a criminal case) and in connection with this, during the period of detention, serving a sentence, a corresponding negative impact on other accused (suspects), convicted, convicted of especially dangerous recidivism, sentenced to life deprivation of liberty, those sentenced to serve imprisonment in prison, convicts for whom the death penalty by way of pardon has been replaced by imprisonment, are sent to serve their sentences in the appropriate correctional institutions located in places determined by the federal body of the penal system.
Commentary on Article 73 of the Criminal Executive Code of the Russian Federation
1. Part 1 of the commented article formulates the rule according to which convicted persons serve their sentences within the territory of the subject of the Russian Federation in which they lived or were convicted. This norm demonstrates a humane attitude towards the convicted person and his family, which allows relatives, without incurring significant material expenses, to come on visits, send parcels and parcels.
2. However, in some cases, a convicted person may be sent to serve a sentence in a correctional institution located on the territory of another constituent entity of the Russian Federation.
3. The basis for this may be the state of health of the convicted person or ensuring his personal safety with his consent. If compulsory treatment is required, the convicted person may be sent to medical and preventive institutions or medical correctional institutions located on the territory of another subject of the Russian Federation.
4. A convicted person may be transferred to serve a sentence in correctional institutions located in other climatic conditions if the climatic conditions of the place where the sentence is served adversely affect his health.
5. The grounds for sending convicts to correctional institutions located on the territory of another subject of the Russian Federation may be such objective circumstances as the absence of a correctional institution of the appropriate type, which was appointed by the court, or the impossibility of placing a convict in existing correctional institutions.
6. In a number of constituent entities of the Russian Federation, for example in St. Petersburg and the Leningrad region, there are no correctional institutions of certain types, namely special regime correctional colonies and prisons. In this case, convicts are sent to serve their sentences in specified correctional institutions in other regions.
7. Sometimes it is not possible to place convicts in correctional institutions at their place of residence due to the lack of free places in them. In this case, in agreement with the relevant higher authorities of the penal system, convicts are sent to serve their sentences in correctional institutions of the relevant types, located on the territory of another nearby subject of the Russian Federation, where there are conditions for their placement.
8. Parts 3 and 4 of the commented article indicate the categories of convicts who are sent to serve their sentences at the location of the relevant correctional institutions. These are convicts with particularly dangerous recidivism; those sentenced to life imprisonment; those sentenced to serve imprisonment in prison; convicts for whom the death penalty has been commuted to imprisonment by way of pardon; convicted women, minors, as well as convicted foreign citizens and stateless persons.
9. Joint Order of the Ministry of Health and Social Development of Russia and the Ministry of Justice of Russia dated August 28, 2001 N 346/254 contains a List of medical contraindications for serving sentences in certain areas of the Russian Federation for those sentenced to imprisonment <1>.
——————————— <1> BNA RF. 2001. N 46.
10. Convicts with diseases specified in the above List cannot be sent to serve their sentences in areas that are contraindicated for them due to these diseases. If convicts are diagnosed with diseases provided for in the specified List while serving their sentence, they are subject to transfer for further serving the sentence to another locality.
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rule: serving on the territory of the subject of the Russian Federation where he was convicted
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transfer for health reasons
- Part 1 73 PEC
transfer of a convicted person to another subject of the Russian Federation for security purposes
Part
II
- Part 2 73 PEC
transfer outside the territory of a subject of the Russian Federation if there are no places
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serving a sentence at the place of residence of a relative
Part
III
- Part 3 73 PEC
women are served at the place of the corresponding institution
Part
IV
- Part 4 73 PEC
territory serving life sentence, under terrorist articles
Article 73 of the Criminal Code. Places of serving imprisonment
1) Those sentenced
to imprisonment, except for those specified in Part 4 of this article, serve their sentences in institutions within the territory of the subject of the Russian Federation in which they lived or were convicted.
Convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation in exceptional cases: Url Additional information:
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transfer of the convicted person to a safe place
- part 2 81 PEC
translation for security reasons
- for health;
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Security measures for prisoners
- Part 3 13 PEC
transfer of the convicted person to a safe place for safety purposes
- Part 1 73 PEC
transfer of a convicted person to another subject of the Russian Federation for security purposes
- part 2 81 PEC
transfer of a convicted person to another institution for safety reasons
— to ensure their
personal safety;
- or with their
written consent.
In the cases specified in Part 2.1 of this article, the convicted person serves his sentence in a correctional institution located on the territory of the subject of the Russian Federation in which one of his close relatives lives, or on the territory of another subject of the Russian Federation closest to the place of residence of this close relative.
2)
If there is no correctional institution of the appropriate type in the subject of the Russian Federation at the place of residence of the person sentenced to imprisonment or at the place of his conviction, or if it is impossible to place the convict in existing correctional institutions, by decision of the federal body of the penal system, the convict is sent to a correctional institution located on the territory of another, the closest subject of the Russian Federation in which there are conditions for its location.
2.1) Upon a written application of a person sentenced to imprisonment or with his consent, upon a written application from one of his close relatives, by decision of the federal body of the penal system, if it is possible to accommodate the convicted person, he may be sent:
- to a correctional institution located on the territory of a constituent entity of the Russian Federation, in which one of his close relatives lives;
- or if it is impossible to place the convicted person in a correctional institution located on the territory of the specified subject of the Russian Federation, in a correctional institution located on the territory of another subject of the Russian Federation, closest to the place of residence of this close relative, in which there are conditions for placing the convicted person.
3) Convicted women and
juvenile convicts are sent to serve their sentences at the location of the relevant institutions.
4) Convicts:
- for crimes under Article 126 of the Criminal Code , Part 2-3 of 127.1 Criminal Code ,
Articles 205 - 206 , 208 - , 275 of the Criminal Code , 277 - 279 of the Criminal Code , 281 , Part 1, Part 1.1 and Part 3 of 282.1 of the Criminal Code , part 1, part 1.1 282.2 of the Criminal Code and part 3 of 282.2 of the Criminal Code , 317 of the Criminal Code, part 3 of 321 of the Criminal Code, part 2 of 360 of the Criminal Code and Article 361 of the Criminal Code;
- those convicted of other crimes in respect of which there is information about their adherence to the ideology of terrorism, professing, promoting or disseminating such an ideology (in the absence of sufficient data to resolve the issue of initiating a criminal case) and their rendering in connection with this during the period of detention , serving a sentence, the corresponding negative impact on other accused (suspects), convicted;
- convicts with
particularly dangerous recidivism;
— sentenced
to life imprisonment;
- those sentenced to serve imprisonment in
prison ;
- convicts for whom
the death penalty by way of pardon has been replaced by imprisonment ;
are sent to serve their sentences in appropriate correctional institutions located in places determined by the federal body of the penal system.
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