ST 103 of the Criminal Code of the Russian Federation.
In case of recovery of a person whose mental disorder occurred after committing a crime, when imposing a sentence or resuming its execution, the time during which compulsory treatment was applied to the person in a medical organization providing psychiatric care in an inpatient setting is counted towards the sentence at the rate of one day stay in a medical organization providing psychiatric care in an inpatient setting for one day of imprisonment.
Commentary to Art. 103 Criminal Code
1. If a person becomes ill with a mental disorder after a court verdict or during the execution of a sentence, the person shall be released from it in accordance with Art. 81 CC. Such release is temporary: in the event of recovery, the person is subject to the full imposed or part of the unserved sentence (if the statute of limitations provided for in Article 83 of the Criminal Code has not expired).
2. When imposing a sentence or resuming its execution, the time of treatment is counted towards the term of punishment at the rate of one day of stay in inpatient conditions for one day of imprisonment.
When to administer
The article names the following as the goals of introducing the regime:
- continuous maintenance of the production process, the duration of which exceeds the normal working day;
- effective use of industrial equipment;
- increasing the volume of products produced by the enterprise or services provided.
In this case, the employer coordinates the shift schedule and the issue of its introduction with the representative body of employees (that is, the trade union). The provisions of local regulations are also taken into account - after all, they may prohibit a shift schedule.
Important! Although the employer agrees on the introduction of a shift schedule with the trade union, the latter’s disagreement with such a decision does not entail its cancellation. Article 103 of the Labor Code contains wording about “taking into account opinions”, and not about strict compliance with the requirements of the representative body.
Second commentary to Art. 103 of the Criminal Code of the Russian Federation
1. The effect of the commented article applies only to persons whose mental disorder occurred after the commission of a crime.
2. The time for applying a compulsory measure of a medical nature is counted on the basis of one day of stay in a medical organization providing medical care in a hospital setting for one day of imprisonment.
3. In art. 103, the calculation of terms when counting the time of application of a compulsory measure of a medical nature is determined based on the punishment in the form of imprisonment. In the case where a person is assigned a different type of punishment, the time for applying a compulsory measure of a medical nature is counted in the manner prescribed by Art. 72 of the Criminal Code, taking into account the equivalence of types of punishment.
4. When applying a compulsory measure of a medical nature, a criminal record is expunged after the expiration of the period prescribed by the Criminal Code after the full service of both the main and additional punishment.
Rules of user conduct on the site
Rules for using services and information
users of the electronic services system “Onlineinspection.rf”
The rules for the use of services and information by users (hereinafter referred to as the Rules) of the system of electronic services “Onlineinspektsiya.rf” (hereinafter referred to as the System) apply to all electronic services of the System, without exception, accessed through sections and pages of the Internet portal https://onlineinspektsiya. RF (hereinafter referred to as the Portal). These Rules govern the behavior of all, without exception, registered users in the System and unregistered visitors to the Portal.
1. Terms and concepts used in these Rules
1.1 These Rules use the following terms and concepts:
System – system of electronic services “Onlineinspektsiya.rf”.
Services are basic and additional tools offered to the User for interaction with authorities.
The portal is an information resource created for the purpose of interaction of citizens with the System, located on the Internet at the address: https://onlineinspektsiya.rf.
The portal administration is officials of the Federal Service for Labor and Employment and representatives of the contractor under the state contract for the provision of technical support of the Portal, who carry out the operational management of the Portal.
User – a person registered on the Portal who is invited to use the services provided by the Portal.
Moderator is a representative of the portal Administration who processes user messages.
Moderation is the process of processing and analyzing the compliance of the User’s message with the provisions of these Rules for the use of services and information by users of the online services system “Onlineinspektsiya.rf” and the User Agreement.
2. General rules
2.1. To access the publication of messages on the Portal (discussions, comments, questions and use of any other means of interaction between the User and the System), each Portal User must read and agree with these Rules.
2.2. After reading the texts of the Rules of Use and the User Agreement, confirming agreement with them on the registration page or sending a message, each User, by these actions, enters into an agreement with the Portal Administration to regulate their relationship.
2.3. The Portal Administration has the right to carry out moderation through representatives of the Portal Administration - moderators.
2.4. These Rules may be amended by amending the relevant order of the Federal Service for Labor and Employment.
3. User registration
3.1. The Portal has a user registration system. Only registered users have the opportunity to interact interactively with the System services.
3.2. To register on the Portal, the User specifies a valid email address - notifications about the current status of published messages (appeals) will be sent to it, and selects a conditional User name (“nickname”).
3.3. When registering a User, the System requests a password for the login being registered. This password must be known only to the User and must not be disclosed to third parties. The password used can be changed by the User in a special section of the Portal – User Profile.
3.4. When registering a User, the System initiates the authorization process by sending an SMS message with an activation code to the User’s phone number specified during registration. The received password must be entered in a special field in the window that opens. Only after entering the password will the account be activated.
3.5. For users who have an account on the Public Services Portal (https://www.gosuslugi.ru/), the opportunity to authorize using the login and password for this account is provided. If registration is carried out using this method, verification via SMS message is excluded.
4. Publication of appeals
4.1. Each registered User can publish an appeal.
4.2. Appeals are published in accordance with the proposed classifier of problem categories.
4.3. To create a request, you must fill out the request form. In the application form, the User must indicate his real data.
4.4. The user must fill in the following fields about himself as an applicant:
— the applicant’s residential address;
— last name, first name, patronymic (if any) of the applicant;
— the applicant’s mobile phone number (if there is no mobile phone required when registering in the System, the applicant has the right to submit an application directly to the email address of the territorial body of Rostrud. The list of territorial bodies of Rostrud is posted on the unified information portal of the Federal Service for Labor and Employment on the Internet "(https://rostrud.ru/). If the User has not previously registered on the Portal, an activation code will be sent to this specified phone number, which must be entered in a special field in the window that appears in order to activate the User’s account and contact him ;
— email address to which notifications about the progress of solving the problem will be sent.
The Portal Administration ensures non-disclosure to third parties of all user data entered during the registration process, except for cases stipulated by the User Agreement.
4.5. The user must fill in the following fields about the place of work:
- region, city and exact actual address of the organization of which he is an employee;
— information about the organization: name, legal form, legal address, information about the director;
— information about your position and period of work;
— information about third parties whose mention is required to fully describe the problem.
4.6. The user needs to fill in the following fields about his problem:
— explanations of the current situation;
— photographic materials.
Information entered in the “Explanation of the current situation” field becomes public and should be of a general nature. In this field it is prohibited to mention the personal data of third parties. If the applicant violates this paragraph of the rules, the User himself is responsible for the publication of information.
Photographic materials are classified information by default and can be published publicly at the discretion of the User.
4.7. Before sending the application, the User agrees with these Rules for the use of services and information by System users and accepts the agreement on the processing of personal data. In case of disagreement with these conditions, each User has the right to refuse to use the resource and use other types of communication offered on the official resources of the department.
4.8. The Portal uses post-moderation of messages. Messages are published immediately after they are posted by users and, if they violate these Rules, they are deleted, or the moderator sends a letter to the User with a request to eliminate the violation.
4.9. Reasons for refusal to publish a message or proposal to make adjustments:
- ignoring spelling rules and profanity, the message is not written in the state language of the Russian Federation or contains a large number of spelling and syntax errors, is written in capital letters, contains profanity, including in a veiled form;
- the lack of a logical connection between the sentences in the address, which does not allow one to understand the general meaning of the described case;
— extremism, discrimination (in all forms: racial, ethnic, age, gender, religious, social, etc.);
- commercial purposes and advertising - if, in the opinion of the moderator, the published information is directly or indirectly aimed at making a profit;
- insufficient description or unfounded accusations - the moderator reserves the right to reject a case if the information specified in it does not allow us to draw a conclusion about an existing offense;
— cases in which there is no specific indication of the problem and there are questions of a rhetorical nature are not moderated;
— cases that do not correspond to the category chosen by the User are not moderated;
— messages that duplicate previously published messages are not moderated (the text of the message completely repeats the text of the previous message, that is, it does not contain new information).
4.10. The user can familiarize himself with the response to the published appeal in his personal account, having previously completed authorization on the Portal.
Thank you for your attention and understanding!
Third commentary to Article 103 of the Criminal Code of the Russian Federation
1. After the cure of a certain category of persons who were being treated in a psychiatric hospital, namely persons who committed a crime, whose mental disorder occurred after they committed the crime, when imposing a punishment or when resuming its execution, grounds appear for imposing a punishment or continuing to serve the sentence for crime committed.
2. Taking into account the fact that the compulsory treatment procedure itself significantly limits the rights and freedoms of citizens, the law provides for the need to count the time of application of compulsory medical measures, equating one day of stay in a psychiatric hospital to one day of imprisonment.
3. Treatment in a psychiatric hospital, as a rule, takes quite a long time.
For this reason, in law enforcement practice the question often arises about the statute of limitations for criminal prosecution and execution of a conviction in relation to recovered persons. In such situations, it is necessary to take into account that, as defined in Art. 103 of the Criminal Code, the procedure for counting the time of compulsory medical measures is applied taking into account the statute of limitations for criminal prosecution established by Art. Art. 78, 94 CC. In cases where a person is sentenced not to imprisonment, it is necessary to be guided by the provisions of Art. 72 of the Criminal Code. Other grounds for the release of recovered persons are also checked (Articles 80.1, 81, 84, 90, 92 of the Criminal Code). ‹ Article 102. Extension, modification and termination of the application of compulsory medical measures Up Article 104. Compulsory medical measures combined with the execution of punishment ›
Article 103. Crediting the time of application of compulsory medical measures
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2017 N 58-UD17-8 - January 17, 1991 under Art. Art. , 103 of the Criminal Code of the RSFSR on the basis of Art. of the Criminal Code of the RSFSR to 7 years in prison, released on October 18, 1997 after serving his sentence, convicted under paragraph “c” of Part 3 of Art. 162 of the Criminal Code of the Russian Federation to 12 years in prison with confiscation of property; according to paragraphs “b”, “h”, “n” part 2 of Art. 105 of the Criminal Code of the Russian Federation to 17 years in prison.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 16, 2018 N 35P18
Dyadyura Oleg Vladimirovich, ... convicted by the verdict of the Lyublinsky District Court of Moscow dated April 30, 1997 under Art. 103 of the Criminal Code of the RSFSR to 10 years in prison, released on March 9, 2006 after serving the sentence,
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated October 2, 2018 N 205-APU18-24
Dzhuraev Alijon Kurbonalievich, ... convicted on December 28, 2010 by the Specialized Interdistrict Court for Criminal Cases of the Mangistau Region of the Republic of Kazakhstan under Part 3 of Art. 103, paragraph “a”, part 2, art. 103 of the Criminal Code of the Republic of Kazakhstan to 5 years of imprisonment in a general regime correctional colony, sentence served on December 5, 2014,
Decision of the Supreme Court of the Russian Federation dated September 15, 2017 N AKPI17-630
As follows from the case materials, by the verdict of the Irkutsk Regional Court of May 30, 1991, Tarasov A.G. Convicted for a set of crimes provided for in Part 1 of Article 218, Part 3 of Article 144, Part 3 of Article 103, paragraph “i” of Article 102 of the Criminal Code of the RSFSR, to an exceptional measure of punishment - the death penalty.
Appeal ruling of the Appeal Board of the Supreme Court of the Russian Federation dated December 12, 2017 N APL17-448
Tarasov A.G., ... year of birth, by the verdict of the Irkutsk Regional Court of May 30, 1991, left unchanged by the ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of October 16, 1991, convicted of a set of crimes provided for in part 1 of the article 218, part 3 of article 144, part 3 of article, article 103, paragraph “i” of article 102 of the Criminal Code of the RSFSR (hereinafter referred to as the Criminal Code of the RSFSR), to an exceptional measure of punishment - the death penalty.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 28, 2018 N 127-APU18-5
- according to Art. 103 of the Criminal Code of the RSFSR to 9 years in prison and on the basis of paragraph 3 of part 1 of Art. 24, part 8 art. 302 Code of Criminal Procedure of the Russian Federation, Art. The Criminal Code of the Russian Federation is exempt from punishment under this article due to the expiration of the statute of limitations for criminal prosecution;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 7, 2017 N 78-APU17-27SP
Shalagin Konstantin Yurievich, ... previously convicted: July 30, 1999 (as amended) under Art. 103 and paragraph “d”, part 2 of Art. 158 of the Criminal Code of the Russian Federation for 10 years in prison, convicted under paragraph “a” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation (crime of December 29, 2010) for 10 years of imprisonment to be served in a maximum security correctional colony, with restriction of freedom for 2 years, with the following restrictions: do not change your place of residence and do not travel outside the relevant municipality, in which he will reside after release from places of imprisonment, without the consent of the specialized state body supervising the serving by convicts of sentences in the form of restriction of freedom, with the imposition of the obligation to appear before the specialized state body supervising the serving of convicts by punishment in the form of restriction of freedom, 1 once a month for registration;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 11, 2019 N 78-APU19-23
Based on the provisions of Art. 103 of the Criminal Code of the Russian Federation and Part 2 of Art. 446 of the Code of Criminal Procedure of the Russian Federation, the court correctly counted the time Nekrasov was in a psychiatric hospital from January 23, 2014 to January 15, 2015 into the term of serving the sentence at the rate of one day of compulsory treatment for one day of imprisonment.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 11, 2019 N 78-APU19-35SP
in accordance with Art. 103 of the Criminal Code of the Russian Federation, the time of application to Solovyov V.E. from July 31 to December 4, 2014, compulsory treatment in a medical organization providing psychiatric care in an inpatient setting is counted toward the sentence at the rate of one day of compulsory treatment for one day of imprisonment;
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 02.02.2017 N 11-O17-2
NIKOLAEV A.A., ... convicted on May 15, 1994 under Art. Art. 103, 246 paragraph “c” of the Criminal Code of the RSFSR to 8 years in prison; July 24, 2002 under Art. Art. 161 part 1, 166 part 2 paragraphs “a”, “c” of the Criminal Code of the Russian Federation to 3 years 6 months imprisonment (released on September 2, 2005 after serving the sentence),
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06/08/2017 N 11-APU17-13
convicted under Art. Art. 103 of the Criminal Code of the RSFSR with exemption from punishment on the basis of Art. of the Criminal Code of the RSFSR in connection with the expiration of the statute of limitations for criminal prosecution, paragraphs “a”, “g”, “z”, part 2 of Art. 105 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 73-FZ of July 21, 2004) to 15 years in prison,
More about creating charts
Article 103 does not directly regulate the procedure for creating schedules. The rules that regulate the procedure are “scattered” across various acts (some of them were adopted back in the Soviet period and are partially still in effect). Of course, when using the article in practice, they also need to be taken into account.
Here are the basic rules for creating charts:
- Accounting for employees who have the right to a shortened shift. These include minors, disabled people, and persons who have reached a certain age. The issue is settled by Article 94 of the Labor Code.
- Features of the regime in hazardous production. Its duration should not be more than 8 hours for a 36-hour work week and more than 6 hours for a 30-hour week. The issue is also regulated by Article 94.
- Other factors. It is necessary to take into account the duration of past shifts, rest, and night work. The issues are regulated by Articles 95-96 and 110.
It is also necessary to take into account the provisions of the Decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, which regulate a number of issues (for example, the right to a shortened shift in some conditions).
How things work in practice
In practice, the introduction of a shift schedule consists of the following stages:
- Coordination of innovation with the trade union. At this stage, the employer brings the decision to the representative body and considers its objections and wishes.
- Publication of a local act. After considering the innovation in the trade union, the employer issues a normative act in which it fixes the possibility of introducing fixed-term work.
- Conclusion of a collective agreement. A collective agreement is concluded with employees, which stipulates the possibility of introducing a regime.
- Drawing up schedules. The last stage of introducing the regime is the preparation of schedules that distribute workers among shifts.
The Labor Code suggests attaching schedules to the collective agreement. The article in question contains the wording “as a rule”. In practice, this means that it is not at all necessary to attach schedules - the employer can act in a different, more convenient way for him.
