Article 50 of the Criminal Code of the Russian Federation with Commentary 2022: latest changes and amendments, judicial practice

ST 50 of the Criminal Code of the Russian Federation.

1. Correctional labor is assigned to a convicted person who has a main place of work, as well as one who does not have one. A convicted person who has a main place of work serves correctional labor at his main place of work. A convict who does not have a main place of work serves correctional labor in places determined by local government bodies in agreement with penal inspections, but in the area of the convict’s place of residence.

2. Correctional labor is established for a period of two months to two years.

3. From the salary of a person sentenced to correctional labor, deductions are made to the state income in the amount established by a court verdict, ranging from five to twenty percent.

5. Correctional labor is not assigned to persons recognized as disabled people of the first group, pregnant women, women with children under three years of age, military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in military positions of privates and sergeants. if at the time of the court’s sentencing they had not served the statutory period of conscription service.

Commentary to Art. 50 Criminal Code

1. Correctional work involves: a) forced labor for a certain period; b) attracting to work persons who have a main place of work, as well as those who do not have one; c) departure to the main place of work or to places determined by local government bodies in agreement with the penal inspections in the area of residence of the convicted person; d) withholding a certain share of the convict’s earnings as state income.

2. The beginning of the term of serving correctional labor is the day the convicted person goes to work. The time during which the convicted person did not work is not counted towards the term of serving correctional labor (Part 3 of Article 42 of the Penal Code of the Russian Federation).

3. From the salary of a person sentenced to correctional labor, deductions are made to the state income in the amount established by a court verdict, ranging from 5 to 20%. Deductions are not made from benefits received by a convicted person in the order of social insurance and social security, from lump-sum payments, with the exception of monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases (Part 4 of Article 44 of the Penal Code of the Russian Federation).

4. The concept of malicious evasion from compulsory work is given in Art. 46 of the Penal Code of the Russian Federation.

Correctional work

Correctional labor (Article 50 of the Criminal Code of the Russian Federation) is assigned to a convicted person who does not have a main place of work, and is served in places determined by the local government body in agreement with the body executing punishment in the form of correctional labor, but in the area of the convicted person’s place of residence.

Correctional work is applied in cases where they:

provided for by the sanction of the corresponding article of the Special Part of the Criminal Code of the Russian Federation;
are appointed on the grounds provided for in Art. 64 (assignment of a more lenient punishment than provided for this crime) or Art. 80 (replacement of the unserved part of the punishment with a milder type of punishment) of the Criminal Code of the Russian Federation;
are assigned in lieu of a fine in case of malicious evasion of its payment.

Punitive elements of correctional work:

from the earnings of the convicted person, deductions are made to the state income in the amount established by the court verdict (5% - 20%);
during the period of serving the sentence, the convicted person is prohibited from dismissal at his own request without the written permission of the penal inspection;
regular annual paid leave is reduced to 18 days and is provided by the administration in agreement with the penal inspection.

The place where correctional labor is served is determined by the local government body in agreement with the body executing this type of punishment - the criminal executive inspection. It must be located in the area of residence of the convicted person so that he has the opportunity to come to work every day from his place of permanent residence and return home after work.

The term of punishment in the form of correctional labor is set by the court in the range from two months to two years (for minors - up to one year).

The law provides for the liability of a convicted person for malicious evasion from serving correctional labor. Those who maliciously evade serving correctional labor, Part 3, Art. 46 of the Penal Code recognizes a convict who has committed a repeated violation of the order and conditions of serving a sentence after a written warning was issued to him for any of the above violations, as well as a convict who has fled from his place of residence, whose whereabouts are unknown. For such a convicted person, the court has the right to replace the unserved part of the imposed sentence with restriction of freedom, arrest or imprisonment at the rate of one day of restriction of freedom for one day of correctional labor, one day of arrest for two days of correctional labor, or one day of imprisonment for three days of correctional labor.

Correctional work is not assigned:

persons recognized as disabled people of the first group;
pregnant women;
women with children under three years of age;
military personnel undergoing military service under conscription, as well as military personnel undergoing military service under a contract in military positions as privates and sergeants, if they have not served the statutory period of conscription service at the time of the court’s verdict.

Second commentary to Art. 50 of the Criminal Code of the Russian Federation

1. The essence of correctional work comes down to limiting a number of labor and property rights of the convicted person. Correctional labor means the forced involvement of a convicted person in labor with the mandatory deduction of certain amounts from his earnings to the state income. Its punitive nature is determined by the term of service and the amount of deductions from wages, as well as the restrictions arising from Art. 40 of the Penal Code of the Russian Federation.

2. Correctional labor is the main type of punishment; it can be assigned in the following cases:

- when they are provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation;

- when assigning a more lenient punishment than provided for this crime (Article 64 of the Criminal Code);

- with a jury verdict of leniency (Article 65 of the Criminal Code);

— when replacing a fine with correctional labor to a person who is maliciously evading payment of the fine (Part 5 of Article 46 of the Criminal Code);

- when replacing the unserved part of the sentence with correctional labor (Article 80 of the Criminal Code);

- when an amnesty is declared by the State Duma of the Russian Federation (Article 84 of the Criminal Code); - upon pardon by the President of the Russian Federation (Article 85 of the Criminal Code).

3. The convicted person, who has his main place of work, serves his sentence there. The place of serving a sentence for a convicted person who does not have a main place of work is determined by the local government body in agreement with the penal inspection, but must be in the area of the convicted person’s place of residence.

4. In accordance with Art. 50 of the Criminal Code, correctional labor is established for a period of two months to two years, but when replacing a fine with correctional labor in the case of malicious evasion of its payment, the duration of correctional labor may be less than two months.

5. From the salary (and not from all types of earnings) of the convicted person, deductions are made to the state income in the amount established by the court verdict, ranging from five to twenty percent.

6. The term of correctional labor is calculated in months and years during which the convicted person worked and deductions were made from his wages. The procedure for recording the working days of a convicted person is determined in accordance with Art. 42 of the Penal Code of the Russian Federation.

7. In Art. 50 of the Criminal Code contains restrictions on the circle of persons to whom this punishment can be imposed. The circle of persons to whom correctional labor is not assigned coincides with the circle of persons to whom compulsory labor cannot be assigned

8. In the case of malicious evasion of serving a sentence by a person sentenced to correctional labor, the court replaces the unserved sentence with forced labor or imprisonment at the rate of one day of forced labor or imprisonment for three days of correctional labor (Part 4 of Article 50 of the Criminal Code). Such a replacement is also possible in the case where the article of the Criminal Code under which the perpetrator was convicted provides for a shorter term of imprisonment than the one for which correctional labor was replaced, or does not provide for imprisonment at all. The concept of malicious evasion from serving correctional labor is disclosed in Part 3 of Art. 46 of the Penal Code of the Russian Federation.

Article 50. Correctional work (Criminal Code of the Russian Federation)

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1. Correctional labor is assigned to a convicted person who has a main place of work, as well as one who does not have one. A convicted person who has a main place of work serves correctional labor at his main place of work. A convicted person who does not have a main place of work serves correctional labor in places determined by local government bodies in agreement with penal inspections, but in the area of residence of the convicted person (as amended by Federal Law of December 7, 2011 N 420-FZ - Assembly Legislation of the Russian Federation, 2011, No. 50, Article 7362).

2. Correctional labor is established for a period of two months to two years.

3. From the wages of a person sentenced to correctional labor, deductions are made to the state’s income in the amount established by a court verdict, ranging from five to twenty percent (as amended by Federal Law of June 3, 2009 N 106-FZ - Collection of Legislation of the Russian Federation, 2009, No. 23, Article 2761).

4. In case of malicious evasion of a convicted person from serving correctional labor, the court may replace the unserved punishment with forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment for three days of correctional labor (as amended by Federal Law of December 7, 2011 No. 420-FZ - Collection of Legislation of the Russian Federation, 2011, No. 50, Article 7362).

(Article 50 as amended by the Federal Law of December 8, 2003 N 162-FZ - Collection of Legislation of the Russian Federation, 2003, N 50, Art. 4848)

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Article 49. Compulsory work

Article 50. Correctional work

Article 51. Restriction on military service

Questions and answers on Article 50

#51851 01.03.2020 (11:07)

Sentenced to 400 hours

They sentenced me to 400 hours of correctional work. Can I find a job myself?

Author: Oleg Replies: 4 Reply Read more

#50103 08.01.2020 (19:16)

What is his punishment for doing correctional labor?

Article 158 part 1, the court imposed 1.6 months of correctional work, of which he worked for 2 months and bowed to the executor. He was on the federal wanted list for a month, now he is in pre-trial detention for 1 month, what will be his punishment? In 2019, there was a law up to 5,000 thousand rubles was considered criminally punishable; in 2022, a law was passed up to 10,000 thousand, criminally punishable. He will have a trial where he will be judged criminally or administratively

Author: Galina Replies: 6 Reply Read more

#38876 24.03.2019 (04:23)

Is it possible not to work hours according to the court?

Hello, the court awarded me 300 hours of enforcement work, according to the standard term. 158. What will happen if I don’t work them out?

Author: Anton Replies: 3 Reply Read more

#25318 02/08/2018 (19:59) 300 rubles paid.

What powers does a FSIN employee have?

My husband was convicted under Article 25 of the Criminal Executive Code. But he violated it by failing to show up for correctional work three times without good reason a month. In this regard, an employee of the Federal Penitentiary Service came and banged on the door, threatening that if we didn’t open it, he would imprison my husband. Although at that moment there was only one 11-year-old child in the house and, of course, did not open it to the employee. It was almost eight in the evening. The child was scared. And the next day he went to school, called the child out of class and asked him about his father. In addition to this, he makes inquiries about me, where I work, when I go to work, etc. Are his actions legal?

Author: Nadezhda Replies: 8 Reply Read more

#24131 14.01.2018 (18:09)

Correctional work

I would like to know, I’m a guy, they gave me 400 hours of correctional work, is it possible to combine official work with performing correctional work? That is, if I have to do 4 hours of work a day, and if I have a main job, a 12-hour worker day, with a 2-2 schedule, is it possible to combine all this, and will there be any problems?

Author: KIRILL Replies: 3 Reply Read more

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