What to do if you are arrested What to do if you are arrested for an administrative offense

Offenses punishable by administrative arrest

Among punishments for administrative offenses, arrest is the most severe form that restricts personal freedom. According to the terms of Article 22 of the Constitution of the Russian Federation, the arrest of a Russian citizen occurs exclusively by an appropriate court decision.

The establishment and application of administrative arrest occurs exclusively as the main punishment (Article 3.3 Part 1 of the Administrative Code). Most articles of the administrative code (listed below) that provide for arrest as a punitive form contain alternative (more lenient) types of punishment.

Exceptions: unauthorized departure from the place of serving the arrest, or evasion from serving it, punishable by 15 days of administrative arrest immediately (Article 20.25 Part 2); Driving a car without a driving license and while intoxicated is immediately punishable by 15 days of arrest (Article 12.8 Part 3).

According to the Administrative Code, an arrest is made by a judge for certain administrative offenses from the category of socially dangerous:

neglect by parents (legal representatives) of duties towards minors – up to 5 days (Article 5.35, Part 3);
illegal drug trafficking (including psychotropic substances) – up to 15 days (Article 6.8.);
consumption of drugs (including psychotropic and psychoactive substances) – up to 15 days (Article 6.9);
income from prostitution (i.e. pimping) – up to 15 days (Article 6.12);
propaganda of drugs (including psychotropic and psychoactive substances) – up to 15 days (Article 6.13 Part 2);
petty theft (property not more than 1000 – 2500 rubles) – up to 15 days (Article 7.27);
cultivation (cultivation) of narcotic (also psychotropic) plants – up to 15 days (Article 10.5.1);
actions that create a threat to the safety of railway transport and the metro - up to 15 days (Article 11.1 Part 1);
violation of standards of conduct (failure to comply with orders of the PIC) in air transport – up to 15 days (Article 11.17, Part 6);
driving a vehicle after deprivation of the relevant rights - up to 15 days (Article 12.7 Part 2);
driving a vehicle while intoxicated and/or without the appropriate license – up to 15 days (Article 12.8 Part 3);
failure to undergo a medical examination for intoxication by a driver of a motor vehicle who does not have (deprived of) the right to drive a vehicle - up to 15 days (Article 12.26, Part 2);
leaving the scene of an accident by the driver involved – up to 15 days (Article 12.27, Part 2);
ignoring orders of a judge (also a bailiff) regarding the execution of court rules - up to 15 days (Article 17.3 Part 1);
failure to comply with the legal requirement of a military personnel providing protection of the state border of the Russian Federation - up to 15 days (Article 18.7);
failure to comply with the lawful orders of a law enforcement officer (police, FSB, state security, etc.) – up to 15 days (Article 19.3);
ignoring the duties determined by administrative supervision in court - up to 15 days (Article 19.24 Part 1);
demonstration of disrespect for society (including on the Internet), violation of public order (petty hooliganism) – up to 15 days (Article 20.1);
creating interference with the activities of infrastructure facilities (social, transport, life support), obstructing the movement of pedestrians and/or vehicles to the said infrastructure facilities during a public event (rally, meeting, etc.) – up to 15 days (Article 20.2 Part 3) ;
organization of a mass one-time stay (also movement) in public places of citizens (not a public event), public calls for participation in a mass one-time stay (also movement) in public places of citizens with violation of public order, sanitary standards, obstruction of the functioning of infrastructure facilities and/or access to him – up to 30 days (Article 20.2.2 Part 4);
propaganda, public display of Nazi symbols and/or paraphernalia (also similar paraphernalia), or other paraphernalia and/or symbols prohibited by law – up to 15 days (Article 20.3 Part 1);
public incitement of hatred (also enmity) on the grounds of language, gender, nationality, race, attitude to religion, origin, social affiliation, incl. on the Internet – up to 15 days (Article 20.3.1);
ignoring the requirements of the emergency situation – up to 30 days (Article 20.5);
illegal acquisition, storage, transfer, sale, carrying or transportation of firearms (civilian) and limited weapons - up to 15 days (Article 20.8 Part 6);
blocking transport communications (participation, organization) – up to 15 days (Article 20.18);
being in public places (in public transport, on the streets, squares, etc.) in a state of intoxication – 15 days (20.21);
ignoring the obligation to comply with the conditions of an administrative penalty - up to 15 days (Article 20.25);
obstruction of the progress of a counter-terrorism operation - up to 30 days (Article 20.27 Part 3);
production, distribution of materials of an extremist nature, noted in the relevant federal list - up to 15 days (Article 20.29);
ignoring the norms of behavior of spectators during official sports competitions - up to 15 days (Article 20.31).

Judicial sanction of administrative arrest under any of the above articles of the Code of Administrative Offenses occurs if other punitive measures corresponding to the circumstances of the case and the nature of the administrative offense are considered insufficient. Most often, the arrest format of punishment is used in case of failure to comply with a previously imposed fine (Article 20.25 of the Code of Administrative Offenses).

As noted by law, the purpose of using arrest for an administrative offense is to deter both the offender and other persons from committing further administrative offenses (Article 3.1 Part 1 of the Administrative Code).

Article 16 of the Penal Code of the Russian Federation. Institutions and bodies executing punishments (current version)

1. Punishment in the form of a fine is carried out by bailiffs at the place of residence (work) of the convicted person.

2. Punishment in the form of deprivation of the right to hold certain positions or engage in certain activities is carried out by the penal inspection at the place of residence (work) of the convicted person, by a correctional institution or by a disciplinary military unit. The requirements of a sentence on deprivation of the right to hold certain positions or engage in certain activities are fulfilled by the administration of the organization in which the convicted person works, as well as by bodies authorized in accordance with the law to revoke permission to engage in the relevant activity.

3. Punishment in the form of deprivation of a special, military or honorary title, class rank and state awards is carried out by the court that passed the sentence. The requirements of the sentence for the deprivation of a special, military or honorary title, class rank and state awards are fulfilled by the official who conferred the title, class rank or awarded the state award, or by the relevant bodies of the Russian Federation.

4. Punishment in the form of compulsory labor is carried out by the penal inspection at the place of residence of the convicted person.

5. Punishment in the form of correctional labor is carried out by the penal inspection.

6. Lost power. — Federal Law of December 8, 2003 N 161-FZ.

7. Punishment in the form of restriction of freedom is carried out by the penal inspection at the place of residence of the convicted person.

7.1. Punishment in the form of forced labor is carried out by a correctional center.

8. The punishment of arrest is carried out by the arrest house.

9. Punishment in the form of imprisonment is carried out by a colony-settlement, educational colony, medical correctional institution, correctional colony of general, strict or special regime or prison, and in relation to the persons specified in Article 77 of this Code, by a pre-trial detention center.

10. Punishment in the form of life imprisonment is carried out by a special regime correctional colony for convicts serving life imprisonment.

11. The death penalty is carried out by institutions of the penal system.

12. In relation to military personnel, punishments are carried out by the military police of the Armed Forces of the Russian Federation: detention in a disciplinary military unit - in disciplinary military units specially designed for this purpose; arrest - in guardhouses. The restriction on military service is enforced by the command of the military units in which the military personnel serve (hereinafter referred to as the command of the military units).

13. Conditionally convicted persons are under the control of penal inspections, which also monitor the application of compulsory medical measures prescribed in accordance with part two.1 of Article 102 of the Criminal Code of the Russian Federation. Control over suspended sentenced military personnel is carried out by the command of military units.

14. The institutions specified in parts four, five, seven, seven.1, eight, nine and ten of this article are institutions of the penal system.

To whom administrative arrest does not apply?

The legislation does not allow authorization of arrest for administrative offenses, primarily against the following persons (Article 3.9 Part 2 of the Administrative Code):

pregnant women;
women with children under 14 years of age;
offenders under 18 years of age;
disabled people (groups I and II);
military personnel;
persons liable for military service called up for military training;
employees of law enforcement agencies (investigation, penal system, internal affairs department, national guard, police department, customs authorities, fire-fighting civil service) with special ranks.

According to the definition of the Constitutional Court of the Russian Federation No. 195-O dated June 13, 2006, courts have the right to take into account the father’s independent upbringing of children under 14 years of age as a circumstance that excludes the admissibility of punishment by administrative arrest.

In addition, drivers whose violations of traffic norms are established by technical means and are subject to punishment according to Chapter 12 of the Code of Administrative Offenses are not subject to administrative arrest. As noted in note 3 of Article 20.25 of the Code of Administrative Offences, failure by drivers to pay a fine for administrative offenses automatically recorded by technical means with photo and video recording functions is not a sufficient reason for arrest.

The procedure for assigning administrative arrest

Often, the administrative arrest of a person is preceded by his administrative detention, carried out as an interim measure in the proceedings of cases of administrative offenses, and also aimed at executing a court decision in relation to an administrative offense (Article 27.3 Part 1 of the Code of Administrative Offenses).

The maximum duration of administrative detention of an offender for which administrative proceedings are being carried out is 48 hours (Article 27.5 Part 2 of the Administrative Code). The period of detention is taken into account in the period of the assigned arrest (Article 3.9. Part 3 and Article 32.8 Part 3 of the Administrative Code).

I note that the period of administrative detention is counted from the time the subject is delivered to the office premises of the security forces. If a drunk citizen is brought in, the period of detention for him is calculated from the time of sobering up (Article 27.5 Part 4).

The protocol on an offense punishable by administrative arrest is sent for judicial review immediately, immediately after drawing up (Article 28.8 Part 2 of the Administrative Code). The consideration by a judge of such an administrative case is carried out on the day the protocol and materials on the offense are received, and for an administratively detained person in accordance with the prosecutor’s decision - within 48 hours from the time of detention (Article 29.6 Part 4 of the Administrative Code).

Organizations that have received a court ruling to request data in an administrative case, the punishment for which is arrest, are obliged to report them immediately, i.e. if technically possible, fulfill the request (Article 26.10 of the Administrative Code). It should be noted that there is liability for late provision or failure to provide legally required information to a government agency (Article 19.7 of the Administrative Code).

Once a judge makes a decision to arrest an offender on an “administrative basis”, it is executed immediately by police officers (Article 32.8 Part 1 of the Code of Administrative Offenses). The arrested person is transferred to a special detention center of the Ministry of Internal Affairs, where he remains for the entire period of the appointed arrest (Article 32.8 Part 2 of the Administrative Code).

Article 68. Places of serving arrest

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Article 68. Places of serving arrest

1. Those sentenced to arrest serve their sentence at the place of conviction in arrest houses.
2. The convicted person serves the entire sentence, as a rule, in one arrest house.

3. The transfer of a convicted person from one arrest house to another is permitted in the event of his illness or to ensure his personal safety, as well as under other exceptional circumstances that prevent the further stay of the convicted person in a given arrest house.

Commentary on Article 68

1. Arrest is a type of punishment new to modern Russian criminal law, although pre-revolutionary criminal law knew this type of punishment. Short-term arrest was imposed for a period of one to three months and was served in arrest houses. With the approval of the Criminal Code of the Russian Federation in 1997, arrest did not begin to be applied. The Law “On the Enforcement of the Criminal Code of the Russian Federation” and the Law “On the Enforcement of the Criminal Executive Code of the Russian Federation” postponed the use of arrest until 2001, since the economic situation of the state did not allow the allocation of significant funds for the construction of arrest houses and the training of their personnel and maintenance of convicts. Subsequently, these Laws were amended and the implementation of the arrest in accordance with Federal Law of January 10, 2002 N 4-FZ was postponed until 2006.

Arrest as an administrative penalty is provided for by the Code of Administrative Offenses of the Russian Federation. It can also be used as a preventive measure. These measures have the same name, but their legal nature is completely different.

As a type of criminal punishment, arrest is a type of deprivation of liberty, since it is associated with isolation from society. The 1996 Criminal Code of the Russian Federation provides for three punishments related to isolation from society: arrest, imprisonment for a certain period and life imprisonment, although such a section is not officially identified in the Criminal Code.

Arrest cannot be imposed on persons who have not reached the age of 16 at the time of sentencing, pregnant women and women with children under 14 years of age.

The introduction of arrest as an independent type of criminal punishment was fully justified by the desire to reduce the use of short-term imprisonment. Their use led to overcrowding of general regime correctional colonies, which experienced significant difficulties in accommodating convicts. Thus, according to the legislator, the introduction of arrest was supposed to be one of the ways to implement such a principle of criminal law as the rational use of coercive measures.

However, the situation has now changed. The purpose of imprisonment has been expanded to include serving it in penal colonies. In addition, Federal Law No. 162-FZ of December 8, 2003 amended Art. 56 of the Criminal Code of the Russian Federation and reduced the minimum term of imprisonment to two months. Under such conditions, the importance of arrest as an independent form of punishment has noticeably decreased.

2. A very important sign of arrest, which is emphasized in Part 1 of Art. 54 of the Criminal Code of the Russian Federation, is the maintenance of convicts in conditions of strict isolation. For deprivation of liberty, the definition of which is given in Part 1 of Art. 56 of the Criminal Code of the Russian Federation, this sign is not used. According to the legislator, the use of arrest for a short period - from one to six months - for crimes of minor gravity should ensure, first of all, the achievement of the goals of special and general prevention through intensive punitive and preventive influence, which is also achieved through strict isolation of convicts.

It should be noted that the sanctions of many articles of the Special Part of the Criminal Code of the Russian Federation, which provide for liability for crimes of minor gravity, do not even establish maximum terms of arrest. For example, punishment in the form of arrest for up to four months is provided for in the sanctions of Art. Art. 115, 124, part 1 art. 137, part 2 art. 138, etc., up to three months - in the sanctions of Art. 116, part 3 art. 118, art. 125, part 1 art. 157 of the Criminal Code of the Russian Federation, etc.

An analysis of the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation shows that arrest, unlike, for example, a fine or correctional labor, is provided for in many articles not only for the commission of crimes of minor gravity, but also in the absence of qualifying signs of the act, the presence of which, at the same time, does not translate into it is in the moderate category. In particular, in case of violation of the inviolability of the home (Part 1 of Article 139 of the Criminal Code of the Russian Federation), punishments such as fines, correctional labor and arrest are provided, and Part 2 of this article, which establishes the qualifying feature of this crime, provides for the application of a fine and imprisonment up to two years. In the list of punishments in Part 2 of Art. 139 of the Criminal Code of the Russian Federation there is no arrest. The same combination of sanctions occurs in Art. Art. 245, 256, 258 of the Criminal Code of the Russian Federation and other articles.

Thus, the arrest is considered under Art. 54 of the Criminal Code of the Russian Federation as a punitive and preventive measure against persons who have committed minor crimes. However, this does not mean that the purpose of correction is not pursued when applying arrest. As is known, this goal can be achieved not only by means of persuasion and correction provided for in Part 2 of Art. 9 of the Penal Code of the Russian Federation, but also through coercion without simultaneously involving convicts in work, general and vocational education, since the use of coercive measures can have a positive impact on the behavior of convicts. This method is famous teacher A.S. Makarenko described it as education by coercion.

3. As stated, arrest is established for a period of one to six months, and when replacing compulsory labor or correctional labor with arrest, it can be imposed for a period of less than one month.

The peculiarity of the application of punishment in the form of arrest is that it cannot be assigned conditionally and, in addition, parole and the replacement of punishment with a milder one are not applied to this category of convicts (Articles 73, 79 of the Criminal Code of the Russian Federation). Such restrictions are due to the nature of the punishment applied and its short duration, which do not allow a sufficient study of the convicted person.

4. Arrest does not apply to persons who have not reached 16 years of age at the time of sentencing, as well as to pregnant women and women with children under the age of eight.

5. The Penal Code of the Russian Federation establishes a rule on the place of serving the sentence of those sentenced to arrest. In contrast to the execution of restriction of freedom, as well as imprisonment, when the place of serving the sentence is limited to the territory of the constituent entities of the Russian Federation in which they lived or were convicted (part 1 of article 47, part 1 of article 73), those sentenced to arrest must serve the sentence at the place of conviction (Part 1 of Article 68 of the Penal Code of the Russian Federation). This means that a person sentenced to this type of punishment must be kept within the administrative territory of the district, city, district where the court is located, but not the region, territory or republic, which is a subject of the Federation. An exception in this case may be the cities of Moscow or St. Petersburg, which are both subjects of the Federation and single settlements.

6. The second requirement for the place of serving this type of punishment is that it is limited only to the place of conviction. When executing a restriction or deprivation of liberty, the place of residence is also indicated. Therefore, those sentenced to arrest cannot be sent to serve their sentences at their place of permanent residence. This general provision is also reinforced by the indication that the convicted person serves the entire sentence, as a rule, in one arrest house (Part 2 of Article 68 of the Penal Code of the Russian Federation). The introduction of such strict rules on the place of arrest is explained mainly by the need to prevent economically unjustified movements. A fairly short sentence is also important. At the same time, it is taken into account that those sentenced to arrest, except for minors, do not have the right to a visit, therefore serving a sentence outside their place of residence will not affect the rights of relatives and will not force them to buy expensive air or train tickets.

7. However, the Penal Code of the Russian Federation establishes certain exceptions to this rule. According to Part 3 of Art. 68, the transfer of a convicted person from one arrest house to another is permitted in case of illness or the need to ensure his personal safety, as well as under other exceptional circumstances that prevent further stay in a given arrest house. These could be a natural disaster, an epidemic, the introduction of a state of emergency in the area where the arrest house is located, etc.

Conditions of detention for administrative detainees

The procedure for serving a term of administrative arrest is standardized by law No. 67-FZ of April 26, 2013. Based on the law No. 67-FZ (Article 3, Part 3), “Internal Regulations” have been prepared for special detention centers (hereinafter referred to as the Rules), where those arrested for administrative offenses are kept (Ministry of Internal Affairs Order No. 83 of 02/10/2014).

A person under arrest under an article of the Code of Administrative Offenses has the following legal rights (Article 7 of Law 67-FZ):

informing about duties and rights, about the conditions and procedure for serving a sentence in a special detention center, as well as about their changes;
for safety (personal);
to the polite treatment of the special detention center staff;
to submit proposals, complaints and statements regarding their legitimate interests, violated rights and the validity of the arrest “administration” (within the framework of the legislation of the Russian Federation);
on dates with relatives and friends (see below);
for legal assistance (see below);
to keep records with documents related to the implementation of the rights and legitimate interests of the person serving the arrest;
for health protection, including first aid, medical care and the use of medications prescribed for medical indications;
for material and household support;
to use your own bedding, as well as other items and things permitted by internal regulations (see below);
to manage your funds in order to pay for telephone calls, send mail, purchase food products, hygiene products, basic necessities, printed publications and other goods permitted by the regulations of the special detention center (see below);
to carry out self-education;
for the use of printed publications and books, as well as for the use of literature from the library of the special detention center;
to perform religious rites without violating the regulations of the penitentiary institution and harming the rights of other persons held under administrative arrest;
to send mail (letters, telegrams), receive responses to requests, as well as parcels, parcels, letters and telegrams within the framework of the internal regulations of the special detention center;
to provide bedding, dishes and personal hygiene products according to the regulations of the special reception center of the Ministry of Internal Affairs;
for telephone conversations lasting up to 15 minutes daily (paid by the arrested person);
to the secrecy of correspondence;
to provide a sleeping place (individual), to sleep at night (eight hours);
for three meals a day (daily, free);
for a day walk (every day, duration – at least an hour);
to provide writing materials (free of charge).

According to the terms of Article 10 of Law No. 67-FZ, an administratively arrested person is granted one meeting with close relatives for the entire period of arrest, lasting one hour. Section VI of the Rules states that up to two people can see the arrested person at a time, in a special room and only under the supervision of the special detention center staff.

The number of meetings with a legal representative (lawyer) for persons serving administrative arrest is not limited (Article 11 of Law No. 67-FZ). The duration of the meeting (visit) with a lawyer is up to 2 hours. Surveillance by the administration is carried out only visually, without technical means of listening.

The list of manufactured goods, food products and basic necessities allowed for an administrative arrestee, which is Appendix No. 11 to the above Rules, contains:

food products that are non-perishable, do not require heat treatment, and are not expired (recognizable production date, expiration date). All food products must be industrially produced, in the original, unopened packaging of the manufacturer;
cigarettes, matches (for smokers);
clothes (one set), without suspenders, waist belt and tie. Headdress, seasonal shoes (metal caps are prohibited);
tracksuit (men, one set), dressing gown (women, one set);
underwear (only two sets);
socks, tights, stockings;
gloves or mittens (one pair);
handkerchiefs;
indoor or sports slippers (one pair);
toiletries. Soap (liquid, toilet, laundry), shampoos, toothbrush, toothpaste or powder, cases (plastic) for toothbrush and soap, creams, plastic comb and comb;
bag or duffel bag;
glasses, plastic cases for them;
pocket mirror (if there is no mirror in the room);
safety razors, disposable or mechanical;
sponge or washcloth;
ballpoint pen with spare refills, simple pencil;
writing paper, student notebooks, postcards, postal envelopes and stamps;
toilet paper;
religious and religious items (traditional confessions) intended for individual use (worn on the body, in a pocket). At the same time, piercing and cutting religious objects made of precious metals and precious stones, as well as those that are of cultural and historical value, are completely prohibited;
watches (pocket, wrist) not consisting of precious metals;
bed linen (set – pillowcase, two sheets), towel;
literature (including educational, religious), periodicals;
photos;
board games.

In addition, women under administrative arrest are allowed, according to the Rules, to carry or receive by mail scarves, bras, belts, cotton wool, gauze, hairpins, hygienic tampons, cosmetic accessories, and plastic curlers. And arrested persons who have a corresponding certificate from a medical worker are allowed wooden canes and crutches.

Arrest execution procedure

Arrest is a new type of punishment provided for by the Criminal Code of the Russian Federation of 1996, and is designed primarily for those convicts who, judging by the nature, degree of social danger of the crime committed, and personal characteristics, need serious special preventive action, but without long-term imprisonment. As stated in Art. 54 of the Criminal Code of the Russian Federation, arrest consists of keeping the convicted person in conditions of strict isolation from society and is established for a period of one to six months. Since the execution of this punishment involves the restriction of individual rights and freedoms to a significant extent, the criminal law provides that arrest is not imposed on persons who have not reached the age of sixteen at the time of the court’s sentencing, as well as pregnant women and women with children under the age of eight.

According to Part 1 of Art. 68 of the Penal Code of the Russian Federation, those sentenced to arrest serve their sentence at the place of conviction in arrest houses. The creation of such institutions requires time and certain material costs. Therefore Art. 5 of the Federal Law of December 18, 1996 “On the entry into force of the Criminal Executive Code of the Russian Federation” provides that the provisions of the Penal Code of the Russian Federation on punishment in the form of arrest will be brought into force by a separate federal law as the necessary conditions for the execution of this punishment are created, but no later than 2001

In this regard, some provisions of the current criminal executive legislation related to the procedure and conditions for the execution of an arrest are still defined in a general form and require subsequent specification in other federal laws and regulations. In addition, it is possible that the accumulated practical experience of applying this punishment in the future will also require certain changes and additions to the relevant rules of law.

The requirement of the law that arrest be served at the place of residence of the convicted person, of course, does not mean that arrest houses will be created in every locality. However, it is planned to establish them in all republics, territories, regions, autonomous okrugs within the Russian Federation, as well as in cities of federal significance. The President of the Russian Federation instructed the Government of Russia to prepare and approve the Regulations on arrest houses and the standard for their staffing.

From the text of parts 2 and 3 of Art. 68 of the Penal Code of the Russian Federation it follows that the convicted person must serve the entire sentence in one arrest house. This is quite justified, taking into account the short-term nature of the arrest and the undesirability of severing socially useful ties of convicts, especially minors, at the place of residence, as well as the necessary material costs for moving convicts. Therefore, the transfer of a convict from one arrest house to another is allowed only in special cases expressly indicated in law.

These include, firstly, the illness of the convict, which prevents his further stay in a given arrest house, for example, if the institution currently does not have the ability to ensure proper isolation of sick and healthy convicts. Secondly, the transfer can be carried out in the absence of other ways to ensure the safety of the convicted person, if there is a threat to his life and health from other convicted persons. Thirdly, other exceptional circumstances, for example, caused by a fire, natural disaster, illegal actions, etc., may be grounds for moving convicts to other arrest houses.

The transfer of convicts can be carried out both to other arrest houses in the given territory, and to arrest houses located on the territory of other constituent entities of the Russian Federation.

When executing an arrest, the provisions enshrined in Part 1 of Art. 69 of the Penal Code of the Russian Federation the principle of separate detention of certain categories of convicts. In particular, the following are isolated from other categories of persons in custody and placed separately: convicted men, convicted women, convicted minors, as well as convicted persons who have previously served sentences in correctional institutions and have a criminal record. This is necessary to ensure normal order in the execution of punishment, excluding threats to the personal safety of convicts and the spread of criminal experience.

The need to comply with the law's requirement for separate detention of these categories may require the creation of appropriate isolated departments (sections) within one arrest house. It is possible to create arrest houses intended to hold certain categories of convicts, for example minors.

The rules of the Penal Code of the Russian Federation do not provide for the involvement of convicts in permanent work while serving arrest, since this would require the creation of obviously unprofitable own production facilities at arrest houses. For example, the organization of highly productive labor is possible only if there is appropriate vocational education and training, which convicts cannot receive during a short period of serving a sentence. Therefore Art. 70 of the Penal Code allows convicts to be involved only in performing basic work on the economic maintenance of arrest houses without payment. To avoid abuse by the administration, the duration of this work for one convict is limited to four hours a week. Such work can be performed by convicts in order of priority and consist, for example, of cleaning cells.

The law also indicates the need to carry out special educational work with those sentenced to arrest, although there are no prohibitions on the implementation of educational influence by the administration of institutions executing punishment. It follows from this that the staff has the right to carry out individual educational measures with convicts, taking into account the specifics of this type of punishment and the individual characteristics of the convicts.

This conclusion is indirectly confirmed by the fact that Art. 71 of the Penal Code of the Russian Federation provides for the possibility of applying certain incentives and penalties to persons serving a sentence of arrest. These types of measures are usually used for educational influence on convicts. In particular, rewards for good behavior can be applied in the form of gratitude, early removal of a previously imposed penalty, or permission to speak on the telephone. For violation of the established procedure for serving a sentence, convicts may be subject to penalties in the form of a reprimand or placement in a punishment cell for up to ten days. The procedure for applying incentives and penalties to persons serving arrest is regulated by the provisions of Art. 114 and 117 of the Penal Code of the Russian Federation, which relate to the above measures, i.e.

the same rules are used here as when serving a sentence of imprisonment.

The above-mentioned articles of the Penal Code of the Russian Federation do not determine the procedure for applying such measures of encouragement and punishment during arrest as permission to telephone conversations and the conditions of detention of convicts in punishment cells. It seems that here one should be guided, respectively, by § 15 and 23 of the Internal Regulations of Correctional Institutions, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 330 of June 30, 1997.

Issues related to the use of incentives and penalties are discussed in more detail in the sections of this textbook devoted to the execution of sentences in the form of imprisonment.

How to mitigate administrative punishment

Due to the exceptional nature of the use of arrest penalties (Article 3.9. Part 2 of the Code of Administrative Offences), the decision to impose this form of punishment is made by the judge after a close examination of the case of the offense.

The social characteristics of the offender are also taken into account: the presence of a permanent job, a stable (regular) income, unpaid fines, previous cases of administrative charges. And if the circumstances of the case indicate that the feasibility of applying a fine is minimal or absent (collecting the amount of the fine is difficult or impossible), an arrest will be applied.

It should be noted that legislative norms do not provide for the possibility of replacing an arrest sentence with a fine, with the exception of Part 3 of Article 12.8 of the Code of Administrative Offences. But there, replacing an arrest with a fine for an administrative offense is allowed only if it is not possible to arrest the offender - he belongs to the category of persons not subject to arrest.

How to challenge a decision to impose administrative liability

With the support of a lawyer, it is possible to appeal an arrest order for administrative violations, having it replaced with a fine. Circumstances mitigating, under the terms of Article 4.2 of the Code of Administrative Offenses, the administrative liability of a person are:

offender's remorse;
cessation of unlawful behavior voluntarily;
voluntary reporting by the offender about the administrative offense committed to the body dealing with “administrative” cases;
assistance to the body carrying out the proceedings on the administrative offense of this person;
prevention by an administrative violator of the consequences of his offense;
voluntary compensation or elimination of harm caused by the offense of a given person;
voluntary execution of a resolution (instruction) to eliminate an administrative offense by its culprit - before the resolution (instruction) is issued.

Finally, mitigating circumstances include the commission of an administrative offense in a state of passion (also a complex combination of personal and family circumstances), the commission of an offense by a minor, or by a pregnant woman or raising a young child.

Chapter IX. Execution of punishment in the form of arrest

Arrest is a new type of basic punishment*. Its application is postponed until the necessary conditions are created, but no later than 2001. According to Art. 54 of the Criminal Code of the Russian Federation, arrest is a short-term deprivation of liberty and consists of keeping the convicted person in conditions of strict isolation from society. This is a type of shock punishment, its use is advisable for persons who have committed minor crimes for the first time, who do not need to be imprisoned for long periods, but who need to be made to feel the force of the criminal law and the punishment of imprisonment.

* Arrest was part of the system of punishments under Russian pre-revolutionary criminal law (for example, Article 30 of the Code of Criminal and Correctional Punishments, Article 31 of the Criminal Code of 1903)

In modern conditions, it can be effective to assign arrest for domestic crimes, crimes in the service, some crimes in the economic sphere, etc.

Arrest can be imposed for a period of one to 6 months. If compulsory or correctional labor is replaced by arrest, it may be set for a period of less than one month. Arrest is not imposed on persons who have not reached the age of 16 at the time of the court's sentencing, as well as pregnant women and women with children under 8 years of age. The arrest is served in a special closed institution - an arrest house at the place of conviction. Due to the fact that there are no houses of arrest yet, and the place of their creation is supposed to be limited to the boundaries of the constituent entity of the Russian Federation, most often the place where the sentence is served will not coincide with the place of residence of the convicted person.

According to Art. 68 of the Penal Code of the Russian Federation, convicts serve the entire sentence in one arrest house. Transfer from one house of arrest to another is permitted, firstly, in the event of illness of the convicted person; secondly, to ensure his personal safety and, thirdly, in other exceptional circumstances that prevent further stay in this arrest house. The latter refers to floods, earthquakes, fire, etc. As expected, arrest houses should be prison-type premises with their inherent attributes and infrastructure, but without working cells. The cells should not be large, since it is inappropriate to accommodate more than 4-6 convicts in them, based on the calculation: per person - at least 2.5 square meters. meters of living space.

Article 69 of the Penal Code of the Russian Federation, which regulates the procedure and conditions for the execution of punishment in the form of arrest, following the criminal legislation, determines that those sentenced to arrest are kept “in conditions of strict isolation.” Without defining this concept, the law reveals its content to a certain extent.

Part 2 of this article states that those sentenced to arrest are subject to the conditions of detention established for persons serving a sentence in a general regime prison (Articles 130, 131 of the Penal Code of the Russian Federation). However, in fact, they are more severe due to the tightening provisions determined by Parts 2-5 of Art. 69 Penal Code of the Russian Federation. Thus, under the general regime in prison, convicts have the right to monthly purchase food and basic necessities in an amount not exceeding 40% of the minimum wage, and for those sentenced to arrest, this amount is reduced by 2 times.

Convicts serving their sentences in a detention center are not provided with visits at all, with the exception of visits with lawyers and other persons entitled to provide legal assistance. They are also not allowed to receive parcels, packages or packages, except those containing essential items and seasonal clothing. There are no such restrictions even in a strict prison regime.

Convicts in arrest houses are provided with daily walks lasting at least one hour, and minors - at least 1.5 hours. Convicted minors are granted short-term visits once a month for up to 3 hours with their parents or persons in their stead.

Those sentenced to arrest are provided with telephone conversations only under exceptional personal circumstances (death or serious illness of close relatives, natural disasters, emergencies and other similar circumstances). In other cases, the right to telephone conversation can be granted only as an incentive.

Strict isolation also excludes the free movement of the convicted person inside the arrest house, except for those premises where he is permanently located or where educational activities are carried out.

Due to the short duration of punishment, general educational and vocational training for convicts is not provided, and they are not involved in productive work. However, the administration of the arrest house has the right to involve them in work on the economic maintenance of the arrest house without pay for a duration of no more than 4 hours per week. Typically, convicts perform such work in order of priority; These types of work also include work to maintain sanitary order in the cell.

Convicts in the arrest house are placed in cells on the principle of isolated and separate detention of various categories of offenders: convicted men; convicted women; minors; convicts who have previously served sentences in correctional institutions and have a criminal record. Such differentiation is necessary in order to ensure the safety of the convicts themselves, the prevention of offenses, and the use of various forms of educational influence, taking into account the specifics of these categories.

A system of specific measures of influence is applied to convicts serving their sentences in arrest houses - incentives and penalties, which are designed to stimulate their proper behavior. The basis for the use of incentive measures is the good behavior of convicts, the content of which is not disclosed by the law (Article 71 of the Penal Code). Obviously, behavior that complies with the Internal Regulations, compliance by convicts with all legal requirements of the administration, and a conscientious attitude to the work assigned to them is considered good. The law provides for 3 types of incentives: gratitude, which is announced orally or in writing, early removal of a previously imposed penalty, and permission to telephone (announced only in writing).

A telephone conversation may be permitted taking into account the technical capabilities and funds on the personal account of the convicted person, since it is paid for from the personal funds of the convicted person or another person or subscriber. The conversation is conducted under the control of the administration, its duration is set to 15 minutes.

For violating the procedure for serving a sentence, convicts may be subject to penalties in the form of a reprimand or placement in a punishment cell for up to 10 days. The procedure for applying penalties is determined by the general provisions of Art. 117 of the Penal Code, relating to persons serving sentences in places of deprivation of liberty. When applying penalties, the circumstances of the violation, the identity of the convicted person, his previous behavior, the severity and nature of the violation are taken into account.

A penalty in the form of a reprimand is announced orally or in writing, but in the form of placement in a punishment cell - only in writing. Penalties are imposed by the head of the arrest house or his deputy. Convicts in a punishment cell are provided with food at a reduced standard, unless there are contraindications to this in the medical report.

Material and living support for those sentenced to arrest is carried out according to the standards established for those sentenced to imprisonment serving a sentence under general regime conditions in prison, and for juvenile convicts - according to the standards established for educational colonies.

Convicts are provided with an individual sleeping place, bedding, clothing according to the season, and are provided with three meals a day according to established standards. The cells must have drinking water, a toilet, a radio, appropriate lighting, an alarm system, and in cold weather the temperature in them must be maintained within 18-20°C.

Walking yards should be installed on the territory of arrest houses.

The material and living support of convicted minors differs from other categories of persons held in arrest houses. Improved living conditions are created for them and increased nutritional standards are provided.

The standards for food and material support for those sentenced to arrest are established by the Government of the Russian Federation and are contained in the Regulations on Arrest Houses. In addition to these norms, convicts can purchase necessary items permitted for use in the arrest house (insulated, medical-hygienic or sports clothing) at their own expense.

Medical assistance to those sentenced to arrest is provided on the general basis for persons serving sentences in correctional institutions. It is provided primarily through medical units, which are organized at arrest houses. Additional medical and sanitary-prophylactic assistance can be provided to convicts at their expense only if there are conditions for its provision in the given arrest house.

In conclusion, it should be noted that the idea of introducing punishment in the form of arrest has been discussed in the literature for a long time. In particular, it was proposed that, along with the concept of a crime, the concept of a criminal offense should be introduced into the criminal legislation, under which criminally punishable acts of minor public danger would fall. These offenses were to be punished by short-term arrest. The new Criminal Code of the Russian Federation did not accept the idea of a criminal offense, but introduced punishment in the form of arrest. Its introduction, in particular, was rightly justified by the need to have a broader alternative to the use of real deprivation of liberty, as required by international legal acts. Such inconsistency of the legislator could not but affect the quality of legal regulation of the appointment, and most importantly, the execution of this punishment.

The literature rightly emphasizes the inconsistency with the principle of justice (Article 6 of the Criminal Code of the Russian Federation), the conditions of serving in arrest houses (similar to prison detention) by persons who have committed significantly less dangerous crimes, compared to persons serving sentences in prisons. This principle requires that punishment and other measures of a criminal legal nature applied to a person who has committed a crime must be fair, i.e. correspond to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator. These requirements are not entirely consistent with the essence of the punishment in the form of arrest, which may affect the effectiveness of the execution of this type of punishment. In this regard, further scientific developments related to its criminal and penal aspects are necessary, as well as an analysis of the practice of applying punishment in the form of arrest.

In modern conditions, it can be effective to assign arrest for domestic crimes, crimes in the service, some crimes in the economic sphere, etc.

Walking yards should be installed on the territory of arrest houses.

Consequences of serving administrative arrest

Arrest punishment according to the norms of the Administrative Code does not mean acquiring a criminal record, and failure to attend the workplace due to being under arrest is not a direct reason for dismissal. Even if the arrest takes 30 days, the employer will not pay the monthly salary, but will not fire you.

However, it should be noted that certain circumstances of an administrative violation may become legitimate reasons to dismiss the offending citizen in accordance with the Labor Code. For example, if an employee committed an arrestable “administrative offense” while intoxicated while at the workplace (for example, driving an employer’s car or on the territory of the work site), he will have the right to be legally fired under Article 81 (Part 6, paragraph “b”) ") of the Labor Code.

From the date the decision on punishment for an administrative offense comes into force, for the next 12 months the person will be recognized as subject to punishment (Article 4.6 of the Code of Administrative Offenses). And if in a given one-year period a person commits an administrative offense similar to the one previously committed (an aggravating circumstance), then the punishment will be the most severe (Article 4.3, Part 1, Clause 2 of the Code of Administrative Offenses).