ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of August 22, 2014 No. 178

About introduction of amendments to the Order of the Ministry of Justice of the Russian Federation of May 20, 2009 No. 142 "About approval of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society"

According to the Penal Code of the Russian Federation (Russian Federation Code, 1997, No. 2, Art. 198; 1998, No. 2, Art. 227, No. 30, Art. 3613, No. 31, Art. 3803; 1999, No. 12, Art. 1406; 2001, No. 11 Art. 1002, No. 13, Art. 1140, No. 26, Art. 2589; 2003, No. 24, Art. 2250, No. 50, Art. 4847; 2004, No. 27, Art. 2711, No. 35, Art. 3607, No. 45, Art. 4379; 2005, No. 6, Art. 431, No. 14, Art. 1213, Art. 1214, No. 19, Art. 1753, Art. 1754; 2006, No. 2, Art. 173, No. 3, Art. 276, No. 15, Art. 1575, No. 19, Art. 2059; 2007, No. 1 (p. I), Art. 36, No. 24, Art. 2834, No. 30, Art. 3756, Art. 3808, No. 31, Art. 4011, No. 41, Art. 4845, No. 49, Art. 6060; 2008, No. 14, Art. 1359, No. 29 (p. I), Art. 3412, No. 30 (p. II), Art. 3616, No. 45, Art. 5140, No. 49, Art. 5733, No. 52 (p. I), Art. 6216, Art. 6226; 2009, No. 7, Art. 791, No. 23, Art. 2761, Art. 2766, No. 29, Art. 3628, No. 51, Art. 6162, No. 52 (p. I), Art. 6453; 2010, No. 8, Art. 780, No. 14, Art. 1553, Art. 1556, No. 15, Art. 1742, Art. 1752, No. 27, Art. 3416; 2011, No. 1, Art. 16, No. 7, Art. 901, Art. 902, No. 15, Art. 2039, No. 27, Art. 3870, No. 45, Art. 6324, No. 49 (p. V), Art. 7056, No. 50, Art. 7362; 2012, No. 10, Art. 1162, No. 14, Art. 1551, No. 19, Art. 2279, No. 49, Art. 6753, No. 53 (p. I), Art. 7629, Art. 7638; 2013, No. 14, Art. 1667, No. 23, Art. 2879, No. 27, Art. 3470, Art. 3477, No. 30 (p. I), Art. 4052, No. 44, Art. 5633, No. 51, Art. 6698, No. 52 (p. I), Art. 6997; 2014, No. 6, the Art. 558, No. 19, the Art. 2301, the Art. 2309, No. 26 (p. I), the Art. 3369), the Federal Law of 27.12.2009 No. 377-FZ "About modification of separate legal acts of the Russian Federation in connection with enforcement of regulations of the Criminal Code of the Russian Federation and Penal Code of the Russian Federation on punishment in the form of restriction of freedom" (The Russian Federation Code, 2009, No. 52 (p. I), Art. 6453; 2011, No. 50, the Art. 7362), the Federal Law of 07.03.2011 No. 26-FZ "About introduction of amendments to the Criminal Code of the Russian Federation" (The Russian Federation Code, 2011, No. 11, the Art. 1495), the Federal Law of 08.12.2003 No. 161-FZ "About reduction of the Code of penal procedure of the Russian Federation and other legal acts in compliance with the Federal Law "About Modification and Amendments in the Criminal Code of the Russian Federation" (The Russian Federation Code, 2003, No. 50, Art. 4847; 2004, No. 11, Art. 914; 2007, No. 24, Art. 2830, No. 31, Art. 4007, No. 41, Art. 4849; 2008, No. 52 (p. I), Art. 6248; 2009, No. 23, Art. 2761, No. 52 (p. I), Art. 6453; 2011, No. 1, the Art. 45, No. 7, the Art. 900), the Federal Law of 07.12.2011 No. 420-FZ "About introduction of amendments to the Criminal Code of the Russian Federation and separate legal acts of the Russian Federation" (The Russian Federation Code, 2011, No. 50, Art. 7362; 2012, No. 10, Art. 1166, No. 31, Art. 4330, No. 53 (p. I), Art. 7632; 2013, No. 52 (p. I), Art. 6996), Presidential decree of the Russian Federation of 13.10.2004 No. 1313 "Questions of the Ministry of Justice of the Russian Federation" (Russian Federation Code, 2004, No. 42, Art. 4108; 2005, No. 52, Art. 5690; 2006, No. 12, Art. 1284, No. 19, Art. 2070, No. 23, Art. 2452, No. 38, Art. 3975, No. 39, Art. 4039; 2007, No. 13, Art. 1530, No. 20, Art. 2390; 2008, No. 10, Art. 909, No. 29, Art. 3473, No. 43, Art. 4921; 2010, No. 4, Art. 368, No. 19, Art. 2300; 2011, No. 21, Art. 2927, Art. 2930, No. 29, Art. 4420; 2012, No. 8, Art. 990, No. 18, Art. 2166, No. 22, Art. 2759, No. 38, Art. 5070, No. 47, Art. 6459, No. 53 (p. II), Art. 7866; 2013, No. 26, Art. 3314, No. 49 (p. VII), Art. 6396, No. 52 (p. II), Art. 7137; 2014, No. 26 (p. II), Art. 3515), the order of the Government of the Russian Federation of 16.06.1997 No. 729 "About approval of the Regulations on criminal and executive inspections and the standard rate of their number of staff" (The Russian Federation Code, 1997, No. 25, Art. 2947; 1999, No. 10, Art. 1228; 2010, No. 14, Art. 1655; 2012, 18, of the Art. 2224) and for the purpose of enhancement of the organization of execution of punishments and measures of criminal and legal nature without isolation from society I order to No.:

Bring in the order of the Ministry of Justice of the Russian Federation of 20.05.2009 No. 142 "About approval of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society" (25.06.2009, registration No. 14140) with the changes made by the order of the Ministry of Justice of the Russian Federation of 27.12.2010 No. 411 is registered by the Ministry of Justice of the Russian Federation (it is registered by the Ministry of Justice of the Russian Federation 17.01. 2011, registration No. 19524), the enclosed changes.

Appendix

The changes made to the Order of the Ministry of Justice of the Russian Federation of May 20, 2009 No. 142 "About approval of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society"

1. In the order of the Ministry of Justice of the Russian Federation of 20.05.2009 No. 142 "About approval of the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society":

in Item 2 of the word" (Reymer A. A.)" shall be replaced with words "(G. A. Korniyenko)".

2. In the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society approved by the order of the Ministry of Justice of the Russian Federation of 20.05.2009 No. 142 (further - the Instruction):

Item 9 after the word "inspection" to add 1) with the words "takes representation to court for explanation of the doubts and ambiguities which arose in case of execution of sentence (determination, the resolution) vessels, and also";

Item 13 to add 2) with the paragraph of the following content:

"Inspection in addition notifies the court which pronounced sentence, on the beginning and the place of serving condemned punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, obligatory works, corrective works (appendix No. 1a).";

Chapter III to add 3) with Item 23.1 of the following content:

"The conversation with the convict - the disabled person having hearing disorder and (or) speeches is held with the assistance of the translator of sign language.

During stay on accounting of inspection the subsequent conversations with convicts of this category are held also with the assistance of the translator of sign language.

Provisions of this Item do not extend to persons recognized as disabled people owing to labor accidents and occupational diseases.";

Shall be replaced with words 4) in Item 46 of the word "The Inspectorate Keeps Daily Account of Convicts and Represents Quarterly Data on Change of Their Number to Territorial Authority of FSIN of Russia" "The inspectorate keeps daily account of convicts, monthly generalizes data on change of their number";

Shall be replaced with words 5) in Item 58 of the word of "initial actions for search" "initial search actions";

Item 64 to state 6) in the following edition:

"64. Punishment in the form of corrective works is performed by inspectorate for principle place of employment of the convict. For execution of the punishment in the form of corrective works concerning the convict who does not have principle place of employment, inspection approves the places offered by local government bodies for serving of corrective works near the residence of the convict <1>.";

add with footnote of the following content:

"<1> Part 1 of article 50 of the Criminal Code of the Russian Federation.";

Shall be replaced with words 7) in Item 68 of the word "The Inspectorate Keeps Daily Account of Convicts and Represents Quarterly Data on Change of Their Number to Territorial Authority of FSIN of Russia" "The inspectorate keeps daily account of convicts, monthly generalizes data on change of their number";

8) to "convict" to add Item 70 after words with words ", not having principle place of employment,";

Item 71 after words of "convict" to add 9) with words ", not having principle place of employment,";

Shall be replaced with words 10) in Item 72 of the word of "the convict for work" "for work of the convict who does not have principle place of employment";

Item 73 after words of "convict" to add 11) with words ", not having principle place of employment, and also for the purpose of ensuring execution of the punishment of the convict having principle place of employment";

Item 75 after the words "In case of Employment of the Convict" to add 12) with words ", not having principle place of employment,";

To replace 13) in Item 80 of the word of "law-enforcement bodies" with the word of "police";

14) in Item 82 of the word "The beginning of term of serving of corrective works is day of exit of the convict for work." shall be replaced with words "The beginning of term of serving of corrective works condemned, which does not have principle place of employment is day of its appearance at work, and to the convict having principle place of employment - day of receipt of the organization by administration in which the convict, notices works with the copy of sentence (determination, the resolution) vessels.";

Item 119 to add 15) with the paragraph of the following content:

"If to conditionally condemned additional punishment is imposed, inspection takes to court the representation specified in the paragraph the second this Item after departure of additional punishment by it.";

Item 129 after the words "documents of the personal record of the convict" to add 16) with words ", and also the documents received during the initial search actions";

2 Items 139 the word of "militia" to replace 17) in the paragraph with the word of "police";

The name of Chapter IX to state 18) in the following edition:

"IX. Procedure for holding initial search actions for establishment of the location of convicts";

19) in Item 141 of the word "Initial Actions" shall be replaced with words "Initial search actions";

20) in Item 142:

in paragraph one and the sixth ambassador of the word "initial" to add with the word of "search";

in the paragraph the second ambassador of the word "initial" to add with the word "search".

"Initial" to add 21) in Item 143 after the word with the word of "search";

Item 144 to state 22) in the following edition:

"144. If within thirty days as a result of the initial search actions listed in Item 141 of this Instruction the location of the convict, inspection is not established:

sends information to operational division of territorial authority of FSIN of Russia (appendix No. 55) for decision making about the announcement of the convict in search with appendix of materials of initial search actions concerning the disappeared convict <2>;

at the same time concerning conditionally condemned takes to court representation (appendix No. 25) about cancellation of the conditional condemnation and execution of the punishment appointed by the court verdict according to part 3 of article 74 of the Criminal Code of the Russian Federation.";

add with footnote of the following content:

"<2> Part 2 of article 18.1 of the Penal Code of the Russian Federation.";

Item 145 to state 23) in the following edition:

"145. In case of detention of the convict put on the wanted list to obligatory works, corrective works the inspectorate for the place of his detention without delay, from the moment of receipt of information from police or operational division of territorial authority of FSIN of Russia, but no later than 48 hours from the moment of detention of the convict, takes to court representation (appendix No. 56) about the conclusion it into custody before consideration of the question specified in Item 2 of Article 397 of the Code of penal procedure of the Russian Federation, but no more than for 30 days.";

Item 155 after the word "sentence" to add 24) with words "(appendix No. 57)";

25) in appendix No. 29:

state Item 1 in the following edition:

"1. According to part 1 of article 39 of the Penal Code of the Russian Federation (further - WICK) corrective works are left by the convict on principle place of employment and condemned, who does not have principle place of employment in the places determined by local government bodies in coordination with criminal and executive inspections (further - UII), but near the residence of the convict.";

2 Items 3 to state the paragraph in the following edition:

"The beginning of term of serving of corrective works condemned, which does not have principle place of employment is day of its appearance at work, and to the convict having principle place of employment - day of receipt of the organization by administration in which the convict, the relevant documents from UII works.";

in item 4 after the word "convict" to add with the words "or administration of the organization in which it works";

26) in appendix No. 31 after the words "in the presence of the written permission of criminal and executive inspection)."

add with the paragraph of the following content:

"According to part 7 of article 44 of the Penal Code of the Russian Federation the administration of the organization in which the convict works has the right to take a legal action with the petition for decrease in the size of payroll deductions of its financial position condemned in case of deterioration.";

To add 27) with appendix No. 1a of the following content:

"Appendix No. 1a

to the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society

Recommended sample

 

                                           _______________________________

                                                     (position)

                                           _______________________________

                                                  (name of court)

                                           _______________________________

                                                       (Surname, name, patronymic)

                                           _______________________________

                                            (street, house, settlement,

                                                    postal index)

 

                               Notification

 

   On No. _____________________ from "__" __ I report _______________ 20 that

__________________________________________________________________________,

     (surname, name, middle name of the convict (oh), birth date and birth place)

convict (ая) "__" ______________ 20 __ ________________________________

                                                 (name of court)

_______________________ according to the Art. __ the Criminal Code of the Russian Federation to

___________________________________________________________________________

         (specify type and term of punishment on sentence (to determination,

                           to the resolution) vessels)

________ started serving sentence in ____________________________.

(date)                                       (place of serving sentence)

 

Chief

criminal and executive inspection

______________ _______________ _____________________

 (rank)      (signature)     (surname, initials)

L. S.";

 

Appendix No. 55 to state 28) in the following edition:

"Appendix No. 55

to the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society

Recommended sample

 

                                  ________________________________________

                                  (name of operational division

                                  ________________________________________

                                    territorial authority of FSIN of Russia)

                                  ________________________________________

                                        (rank, surname, initials)

                                  ________________________________________

                                       (street, house, settlement,

                                              postal index)

 

   We report that during the initial search actions

___________________________________________________________________________

      (surname, name, middle name) (year and birthplace of the convict (oh)

convict (oh) "__" _______________ 20 __ ______________________________

                                                 (name of court)

according to the Art. __ the Criminal Code of the Russian Federation to _______________________

                                                    (term, punishment type)

____________, _________ 20 consisting on accounting in inspection with "__" __,

establish the location of the convict (oh) it was not provided possible.

   It is determined that the convict (ая) _______________________________________

                                           (specify the absence reasons

                                               convict (oh),

___________________________________________________________________________

since what time is not in inspection, dates of challenges, drives and exits

___________________________________________________________________________

at the place of residence, works to state results of initial search

___________________________________________________________________________

 actions for establishment of the location of the convict (oh) and data

___________________________________________________________________________

       that he(she) disappeared (expert) for the purpose of evasion from serving

                     punishment and control of inspection)

   Considering stated, I direct  materials of initial search

actions for establishment of the location of the convict (oh) _______________

for decision making about his (her) announcement in search   according to

provisions    of Article 18.1   of the Penitentiary code Russian

Federations.

 

Appendix: on ____ sheets.

 

Chief

criminal and executive inspection    of ____________ _______________________

                                       (signature)    (initials, surname)

L. S.";

 

To add 29) with appendix No. 56 of the following content:

"Appendix No. 56

to the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society

Recommended sample

 

                                            ______________________________

                                                  (name of court)

                                            ______________________________

                                            (street, house, settlement,

                                                   postal index)

 

                              Representation

 

   I, chief of criminal and executive inspection No. ______________________

                                                        (name

                                                       territorial

                                                      body of FSIN of Russia)

___________________, having considered materials on ____________________________,

(surname, initials)                            (surname, name, middle name

                                                   convict (oh)

19 __, convict (oh) "__" ______________ 20 __ ____________________

                                                      (name of court)

according to h __ the Art. __ the Criminal Code of the Russian Federation to _________________

                                                          (specify type and

                                                          punishment term)

 

                                Established:

___________________________________________________________________________

 (data, confirmatory are specified that the convict (ая) disappeared (expert)

___________________________________________________________________________

      for the purpose of evasion from serving sentence and control of inspection,

___________________________________________________________________________

     results of initial search actions for establishment

___________________________________________________________________________

 locations of the convict (oh), name of operational division

___________________________________________________________________________

  criminal executive system, the put convict (ую) on the wanted list,

___________________________________________________________________________

    date of the announcement of the convict (oh) in search, date and time of detention

___________________________________________________________________________

 the convict (oh), the name of the division which performed detention

                convict (oh), his (her) location)

 

   Considering stated and being guided by the Art. ______________________________

                                              (the Art. 30, 46 necessary to specify)

  Penal Code of the Russian Federation, Item 3 parts

the first article 399 Code of Criminal Procedure of the Russian Federation, I ask to consider question  about

detention up to 30 days of the convict (oh) _________________________

                                                    (surname, initials)

before consideration of the question specified in Item 2  of article 397 Code of Criminal Procedure Russian

Federations.

 

Chief

criminal and executive inspection of ________ _________ ______________________

                                 (rank) (signature) (surname, initials)

L. S.":

 

To add 30) with appendix No. 57 of the following content:

"Appendix No. 57

to the Instruction on the organization of execution of punishments and measures of criminal and legal nature without isolation from society

Recommended sample

 

                                            ______________________________

                                                      (position)

                                            ______________________________

                                                   (name of court)

                                            ______________________________

                                                       (Surname, name, patronymic)

                                            ______________________________

                                            (street, house, settlement,

                                                    postal index)

 

                               Notification

   On No. _____ from "__" __ I report __________ 20 that ____________________

___________________________________________________________________________

     (surname, name, middle name of the convict (oh), birth date and birth place)

convict (ая) "__" _____________ 20 __ _________________________________

                                                (name of court)

__ according to the Art. __ the Criminal Code of the Russian Federation to ____________________

___________________________________________________________________________

         (specify type and term of punishment on sentence (to determination,

                           to the resolution) vessels)

_______ left punishment.

(date)

 

Chief

criminal and executive inspection of ________ _________ ______________________

                                 (rank) (signature)  (surname, initials)

L. S.".

 

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