Criminal punishment in the form of compulsory labor and consequences of non-compliance

What is compulsory work

Compulsory work is free community service that is assigned by court decision for committing certain administrative offenses.
This is one of the types of punishment provided for by the “rally” Article 20.2 of the Code of Administrative Offenses, as well as Art. 20.2.2 Code of Administrative Offenses and 19.3 Code of Administrative Offences. It is prescribed much less frequently than a fine or arrest. Sometimes defendants themselves ask for this punishment if there is no money to pay the fine.

The court ruling must provide the reasons for imposing compulsory labor and not another punishment (clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2018 N 28).

What other documents are there?

• All documents from the “Ministry of Justice” section
• Categories of all standard samples and document forms

What else to download on the topic “Ministry of Justice”:

• A certificate of the right to inheritance by law, issued in cases where the shares of some heirs remain open. Form N 5
• A certificate of the right to inheritance by law, issued to several heirs to replace a canceled certificate. Form N 10
• Submission to supplement the restrictions previously established for the convicted person (recommended sample)
• Warning about replacing compulsory labor (correctional labor) with a more severe form of punishment (sample)
• Warning about revocation of probation (sample)

• Important nuances when buying a company
• The process of transferring an apartment to another person
• US Visa Process
• Car selling process
• Garage construction process (from a bureaucratic point of view)

Who can be assigned mandatory work?

In fact, no one, if we are talking about sanctions for peaceful rallies. The Constitutional Court of the Russian Federation prohibited the imposition of compulsory labor under Articles 20.2 and 20.2.2 of the Code of Administrative Offenses, with the exception of cases where unlawful actions caused harm to the health of citizens or the property of individuals or legal entities.

However, the Decree of the Constitutional Court is periodically ignored by the courts. If you have been assigned work under Article 20.2 or 20.2.2 of the Code of Administrative Offenses, you must appeal this in an appeal, and if that doesn’t work out, in cassation.

In addition, in Part 3 of Art. 3.13 of the Code of Administrative Offenses states that compulsory work does not apply to:

• pregnant women,
• women with children under three years of age,
• disabled people of groups I and II,
• military personnel, citizens called up for military training,
• employees of the Investigative Committee, internal affairs bodies, national guard troops, bodies and institutions of the penal system, the State Fire Service and customs authorities with special ranks.

There is no upper age limit - that is, according to the Code of Administrative Offenses, even pensioners can be assigned work (if there is no disability or other exceptions).

A person assigned to compulsory work has the right to petition the court for release from it - if he is recognized as a disabled person of group I or II, becomes pregnant or suffers a serious illness that prevents him from serving compulsory work (Part 7, Article 32.13 of the Code of Administrative Offenses).

Punishment without deprivation of communication with people

Compulsory labor is one of the types of criminal penalties that is not associated with the isolation of a person from society. The distinctive feature of this punishment is the absence of round-the-clock correctional coercion in the commentary to Article 49.

The following are considered positive aspects of applying measures without depriving people of the opportunity to communicate with people:

1. Low level of repressiveness, allowing you to communicate without restrictions in society with other people.
2. Relationships with relatives remain inextricable.
3. Lack of measures to adapt the convicted person after execution of the sentence, since the social situation did not change.
4. There is no connection with the criminal world and, as a result, personality degradation does not occur.
5. The effectiveness of public control in the process of mandatory work performance.

The legislation provides for several criminal articles under which those convicted, when brought to justice, remain in civil society.

Compulsory labor is used as punishment for minor crimes:

• in relation to someone else's property;
• against the activities of enterprises and organizations;
• other similar acts.

The places where compulsory labor is performed are designated by the executive authorities of the constituent entities. Divisions of the penal system agree on the objects and form of such work.

The performance of work does not require any professional qualifications from the convicted person. Examples of work performed include:

1. Cleaning streets, parks, squares, squares, public transport stops.
2. Planting green spaces.
3. Support work in shelters and nursing homes.

Types of work are assigned based on the personal characteristics and skills of each person serving a sentence.

Other factors in assigning a certain type of punishment are the possibility of monitoring its execution and the requests of the convicted person.

How and when to prescribe

The time and procedure for completing compulsory work is determined by the bailiff at the debtor’s place of residence. Upon receipt of documents from the court, he must initiate enforcement proceedings and issue a resolution indicating where, when and in what order the work must be served.

As a rule, the bailiff calls the debtor to an appointment to serve and explain the order, as well as fill out a questionnaire for the debtor. In this form, the bailiff will reflect information about the place of registration and residence, work, study, contact numbers, the presence of special knowledge, medical contraindications, as well as other information that is important when serving compulsory work. It’s better to go to an appointment - perhaps you will be able to influence the choice of work.

The bailiff can also send the order by mail to the place of registration of the debtor.

The imposed punishment may also be displayed in State Services (but not always).

In practice, bailiffs may not issue a decision for months (there have been cases when work was assigned after six months or a year). The law allots 2 years for enforcement proceedings - if during this time the bailiff does not initiate it, or you do not have time to complete mandatory work due to the fault of the bailiff, the proceedings must be terminated.

It is necessary to begin work no later than 10 days from the date of initiation of enforcement proceedings (issuance of a resolution). Unfortunately, the law is formulated exactly this way - and not “from the moment receives the order.” Therefore, it is better to periodically check the status of your enforcement proceedings: call the bailiff service (Bailiff Service) at your place of residence, and also check whether an entry about you has appeared in the debtor database on the Bailiff Service website - especially before traveling abroad.

The procedure for assigning and completing compulsory work is regulated by Art. 3.13, 32.13 Code of Administrative Offenses of the Russian Federation, Art. 109.2 Federal Law dated 02.10.2007 N 229-FZ “On enforcement proceedings”, Letter of the FSSP of Russia dated 25.06.2013 N 12/01-17 171-AP.

How is mandatory work carried out?

In which organizations

The bailiff's order will indicate the organization in which you must serve the work, and the date no later than which you must appear there and begin work.

As a rule, these are municipal institutions and enterprises: medical institutions, educational organizations, housing and communal services enterprises, commercial organizations (for example, factories, factories).

What kind of work

An approximate list of mandatory work is indicated in the appendix to the relevant resolution of the municipal administration. As a rule, it includes landscaping, building and repairing roads, cleaning streets, courtyards, and parks from garbage, whitewashing trees, caring for lawns, cleaning public toilets and landfills, clearing sidewalks of snow, caring for the sick, and the like.

You will not be able to choose works to suit your taste, although you can communicate your preferences to the bailiff. Exception:

• you cannot perform these jobs due to health reasons (for which there is medical confirmation),
• to perform these works you need special knowledge, which you do not have (Part 2 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation).

Any health problems should be reported to the bailiff in advance so that he takes this into account when choosing an “employing” organization.

What to sign when applying for a job

The organization to which you were sent must issue an order to hire you and familiarize you, against receipt, with the internal regulations of the organization, safety precautions and industrial sanitation. There is no obligation to sign any other papers. The organization is not obliged to enter into a fixed-term employment contract with you. You are not required to sign a confidentiality agreement.

Operating schedule

Compulsory work must be performed during free time from work, service or study. The time of compulsory work during a week, as a rule, cannot be less than 12 hours. If there are good reasons, the bailiff has the right to allow you to work fewer hours during the week. The schedule should be as follows:

• up to 4 hours on days free from regular work. Upon your written application, the bailiff has the right to increase this time to 8 hours;
• up to 2 hours on weekdays - after finishing work, service or study. Upon your written application, the bailiff has the right to increase this time to 4 hours;
• The schedule is set by the organization itself. You can try to negotiate with her about an option that is convenient for you;
• if leave/vacation is granted at the place of primary employment, this does not affect compulsory work in any way - they must be continued (Part 6 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation).

At the end of the day, the head of the organization makes notes on the hours worked in the daily report card. It’s better to check this - there were cases when the organization entered it incorrectly and the debtor was then unable to prove what was worked out.

Working conditions

Mandatory work is performed free of charge (Part 8 of Article 32.13 of the Administrative Code of the Russian Federation).

The law provides for the following obligations of the debtor when performing compulsory work (Part 5 of Article 32.13 of the Code of Administrative Offenses of the Russian Federation):

• comply with the internal regulations of the “employing” organization, labor discipline,
• work conscientiously at the objects assigned to them,
• notify the bailiff about the change of residence,
• appear when called by the bailiff.

The standards on compulsory work do not say anything about what working conditions the organization must provide. However, due to the general ban on degrading treatment when applying administrative coercive measures (Part 3 of Article 1.6 of the Administrative Code) and the norms of the Labor Code (Labor Code of the Russian Federation), it should be required that:

• the organization provided the employee with the necessary protective clothing in case of work involving pollution, special temperature conditions, etc. (Article 221 of the Labor Code of the Russian Federation). The list of works and the protective clothing required for them can be found in the Standard Standards of the Ministry of Labor (they are mandatory).
• work was not carried out at night (from 22:00 to 06:00) in relation to the categories of persons specified in Art. Labor Code of the Russian Federation (single parents of children under 5 years old, minors, etc.).
• the labor protection requirements stipulated by the Labor Code of the Russian Federation were observed.

If the “employing” organization does not comply with the above conditions, it is necessary to record all violations (for example, film it, find a witness, submit and photograph a written statement to the administration), and also submit a written statement about these violations to the bailiff.

This will allow you to prove later that your refusal to perform work was due to good reasons - in case you are held accountable for evasion.

For the same reason, if you were unable to perform work due to health reasons, collect medical certificates and contraindications, provide copies of them to the administration and bailiff, and keep them in case of trial.

Is it possible to travel abroad?

The very fact that a court has imposed a sentence in the form of compulsory labor or even initiated enforcement proceedings by a bailiff does not mean that you are not allowed to travel abroad.

For such a ban, the bailiff must issue a separate resolution on the temporary restriction of the right to travel outside the Russian Federation (which the bailiff will then transfer to the FMS).

Such decisions are not always made - as a rule, in cases of evasion of work. You must be notified of this - the bailiff must send you a copy of the decision the very next day after it is issued. Although you shouldn’t completely rely on the conscientiousness of the bailiffs - if you are going abroad, call the bailiff and find out for yourself.

Until the bailiff initiated enforcement proceedings (even if he did not do this a year after the trial), there can be no restrictions on travel.

After completing compulsory labor, the travel ban (if it was introduced) must be lifted. True, information about this does not immediately reach the FMS (it may take several weeks), so if you need to leave urgently, ask the bailiffs to speed up the process and ask for documents confirming the lifting of restrictions.

Who is given this kind of punishment?

Compulsory labor is assigned as the main punishment to persons who have committed the following offenses:

• deviation from arrest, payment of fines;
• harm to the environment;
• failure to maintain order when participating in public events;
• violations during crowds of people;
• blocking the movement of personal and public transport.

An important condition for awarding such a punishment is damage to the health or property of third parties. This preventive measure cannot be used against the following citizens:

• disabled people;
• unemployed;
• pregnant women;
• mothers of children under three years of age.

Representatives of some professions are also not assigned compulsory work. Among them are military personnel, police and fire officials, representatives of the executive system of government and others.

What happens if you avoid work?

Firstly , for evasion they can be held accountable under Part 4 of Art. 20.25 of the Administrative Code and impose a fine of up to 300,000 rubles. or arrest for up to 15 days. This is only possible if you:

• repeatedly refused to perform work or repeatedly failed to show up for work without good reason,
• repeatedly violated labor discipline, which is confirmed by documents of the “employing” organization.

Since the Code of Administrative Offenses of the Russian Federation does not provide for the possibility of replacing this administrative punishment with another, drawing up a protocol and bringing to justice under Part 4 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation does not relieve the debtor from the obligation to continue serving compulsory labor. If according to Part 4 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, an arrest will be ordered, and the bailiff will issue a decision to postpone the execution of compulsory labor.

Secondly , if you do not go to compulsory work, do not appear at your place of registration and do not appear when called by the bailiff, the bailiff may put you on the wanted list (Part 3 of Article 65 of the Law on Enforcement Proceedings).

Thirdly , the bailiff will most likely restrict your travel abroad.

Execution order

Control over the execution of compulsory labor by law is assigned to the divisions of the criminal executive authorities at the place of registration of the person serving the sentence. The enterprises where those convicted by court decision must work are determined by the administrations of the territorial division.

The list of these organizations, compiled in the form of a table or list, is agreed upon by the body monitoring execution. The law establishes that work begins within fifteen days from the moment the materials are received by the inspectorate.

The divisions of executive bodies perform the following functions:

• take into account persons assigned to compulsory work;
• explain the rules for performing work;
• control the execution of punishment and labor discipline of convicts;
• take into account the receipt of funds for the work performed.

The enterprises where the work is performed transfer the funds earned by the convicts every month. Labor is valued according to the tariffs established at the enterprise. The funds earned by the convicted person are of a targeted nature and are transferred to the budget of the relevant organization.

If an accident occurs to a convicted person while performing work, then the administration of the enterprise is guided by Labor legislation. The damage received is compensated to the person serving the sentence in full.