Supervision over the serving of sentences by convicts. Administrative supervision of convicts after release, changes. Who is supervised

The Penal Code of the Russian Federation (Article 60) regulates issues of supervision over the serving by convicts of sentences in the form of restriction of freedom. Inspections carry out supervision over the serving of sentences by convicts in the form of restriction of freedom, which consists of monitoring the behavior of convicts, their compliance with the restrictions established by the court and, if necessary, taking legal measures of influence A.A. Mamedov. Fairness of sentencing. St. Petersburg, Press, 2010. - P. 145..

To ensure supervision, prevent crimes and in order to obtain the necessary information about the behavior of convicted persons, the inspectorate:

  • 1. summons the convicted person for interviews with the inspectorate at least once a month in order to obtain oral or written explanations from him on issues related to serving his sentence;
  • 2. at least once a month, conducts inspections at the place of residence, work, and study of the convicted person; visits the home of the convicted person at any time of the day (except at night);
  • 3. makes inquiries at the place of residence of the convicted person, at the place of work and (or) study of the convicted person about his behavior;
  • 4. in relation to convicts who have restrictions on their visit to certain public places, conduct inspections in the relevant places at least once a month;
  • 5. promptly applies the measures of influence established by law to the convicted person;
  • 6. decides on the use of audiovisual, electronic and other technical means of supervision and control of the convicted person. The procedure for using these technical means is determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties. The storage location of technical means of supervision and control is determined by the territorial body of the penal system.

The results of supervision are reflected in the monthly supervision report. The head of the inspection or the person replacing him, at least once every 10 days, checks the maintenance of the supervision sheet by the inspection staff, and makes an appropriate entry in the supervision sheet. The inspectorate registers the convicted person in accordance with the frequency determined by the court verdict. The registration results are reflected in the registration sheet. When a convicted person is called to the inspection, a conversation is held with him on issues related to serving his sentence. The results of the conversation are reflected in the certificate of the conversation and are certified by the signature of the interviewee.

The inspectorate, at least once a month, checks the convicted person at his place of residence or stay to determine his compliance with the restrictions established by the court, which are enshrined in Art. 53 of the Criminal Code of the Russian Federation Kozachenko I.Ya., Neznamova Z.A. Criminal law. A common part. M., Higher School, 2010. - P. 247., as well as in order to find out information about his behavior and work, as well as other information relevant for supervision, about which a report is drawn up.

Additional verification of the location of the convicted person at the place of residence or stay, work and (or) study during the period of restrictions may be carried out by home or work landline telephone. If there are no violations on the part of the convicted person, no report is drawn up; a corresponding entry is made in the supervision report.

When a convicted person applies for permission to change his place of residence (stay), work and (or) study, the inspectorate registers the specified application in the appropriate journal and ensures an objective, comprehensive and timely consideration of the application. Based on the results of consideration of the appeal, the inspection makes a decision and gives the convicted person a reasoned written response on the merits of the questions raised in the appeal.

When the inspectorate checks the venues of mass and other events and identifies a convicted person who has a restriction on participation in them, the inspector must exercise restraint and caution so as not to provoke illegal actions on the part of the convicted person and other persons.

The head of the inspection or the person replacing him, in accordance with the restrictions imposed on the convicted person by the court, on the basis of information characterizing his personality, as well as based on the technical feasibility of installing the appropriate equipment, may decide to apply technical means of supervision and control to him when placing the convicted person on probation. personal accounting, as well as in the future during the execution of punishment.

The decision to apply technical means of supervision and control to a convicted person is formalized in the form of a resolution, which is announced to the convicted person and persons living with him, and the responsibility of the convicted person for damage to equipment is explained. The inspector responsible for the use of means of supervision and control, within three working days from the date of issuance of the decision, installs the necessary equipment, explains to the convicted person the features of the operation of technical means of supervision and control, and hands him a memo on their operation signed by Conger P.E., Rybak M.S. Criminal-executive law of Russia. - Saratov: IP Er Media, 2010. - P.229..

Devices of technical means of supervision and control can be installed by the inspectorate directly on the convicted person, at his place of residence or stay in order to supervise compliance with the following restrictions (Article 53 of the Criminal Code of the Russian Federation):

  • 1. do not leave home (apartment, other dwelling) at a certain time of the day; not to visit certain places located within the territory of the relevant municipality;
  • 2. do not travel outside the territory of the relevant municipality;
  • 3. do not visit places where mass and other events are held and do not participate in these events;
  • 4. do not change the place of residence or stay, place of work and (or) study without the consent of the inspectorate.

Inspectorate employee responsible for the use of technical means of supervision and control:

  • 1. collects information using data from the monitoring console about the convict’s compliance with the established restrictions; upon receipt of information about facts of damage, unauthorized removal of technical means of supervision and control, violations of restrictions established by the court, reports in the form of a report to the head of the inspection or the person replacing him, and makes appropriate notes in the violation log;
  • 2. immediately reports in the form of a report to the head of the inspection or the person replacing him about all recorded facts of failures and malfunctions in the operation of technical means of supervision and control, reflects them in the logbook for recording malfunctions of means of supervision and control.

The inspectorate interacts with the engineering and technical support service of the territorial body of the penal system on the use of technical means of supervision and control. In the event of a failure in the operation of supervision and control means, it takes measures to establish its causes and eliminate them.

If it is impossible to further use the means of supervision and control in relation to the convicted person for technical reasons or if the court changes the established restrictions, the head of the inspectorate or a person replacing him cancels the use of the means of supervision and control or changes the procedure for their use and the set of technical means used, adopting an appropriate reasoned decision . The inspector responsible for the use of supervision and control means removes (replaces) the necessary equipment within three working days from the date of the decision.

Section II. EXECUTION OF PUNISHMENTS NOT RELATED TO ISOLATION OF THE CONVICTED PERSON FROM SOCIETY

Chapter 8. EXECUTION OF PUNISHMENT IN THE FORM OF LIMITATION OF FREEDOM

Article 60. Supervision over the serving by convicts of sentences in the form of restriction of freedom

1. Supervision over the serving of sentences by convicts in the form of restriction of freedom is carried out by penal inspections and consists of monitoring the behavior of convicts, their compliance with the restrictions established by the court and, if necessary, taking enforcement measures established by law. To ensure supervision, prevent crimes and in order to obtain the necessary information about the behavior of convicted persons, penal inspections have the right to use audiovisual, electronic and other technical means of supervision and control, the list of which is determined by the Government of the Russian Federation. The procedure for using these technical means is determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.

2. When exercising supervision, an employee of the penal inspection has the right to visit the home of the convicted person at any time of the day (except at night), summon him for interviews with the penal inspection in order to receive oral or written explanations from him on issues related to his imprisonment. punishment, as well as to request information about his behavior from the place of residence, work or study of the convicted person.

3. The procedure for carrying out supervision is determined by regulatory legal acts approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties, in agreement with the Prosecutor General's Office of the Russian Federation.

Section II. EXECUTION OF PUNISHMENTS NOT RELATED TO ISOLATION OF THE CONVICTED PERSON FROM SOCIETY

Chapter 8. EXECUTION OF PUNISHMENT IN THE FORM OF LIMITATION OF FREEDOM

Article 60. Supervision over the serving by convicts of sentences in the form of restriction of freedom

1. Supervision over the serving of sentences by convicts in the form of restriction of freedom is carried out by penal inspections and consists of monitoring the behavior of convicts, their compliance with the restrictions established by the court and, if necessary, taking enforcement measures established by law. To ensure supervision, prevent crimes and in order to obtain the necessary information about the behavior of convicted persons, penal inspections have the right to use audiovisual, electronic and other technical means of supervision and control, the list of which is determined by the Government of the Russian Federation. The procedure for using these technical means is determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.

2. When exercising supervision, an employee of the penal inspection has the right to visit the home of the convicted person at any time of the day (except at night), summon him for interviews with the penal inspection in order to receive oral or written explanations from him on issues related to his imprisonment. punishment, as well as to request information about his behavior from the place of residence, work or study of the convicted person.

3. The procedure for carrying out supervision is determined by regulatory legal acts approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties, in agreement with the Prosecutor General's Office of the Russian Federation.

Article 59 of the Penal Code of the Russian Federation

1. Supervision over the serving of sentences by convicts in the form of restriction of freedom is carried out by penal inspections and consists of monitoring the behavior of convicts, their compliance with the restrictions established by the court and, if necessary, taking enforcement measures established by law. To ensure supervision, prevent crimes and in order to obtain the necessary information about the behavior of convicted persons, penal inspections have the right to use audiovisual, electronic and other technical means of supervision and control, the list of which is determined by the Government of the Russian Federation. The procedure for using these technical means is determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.

2. When exercising supervision, an employee of the penal inspection has the right to visit the home of the convicted person at any time of the day (except at night), summon him for interviews with the penal inspection in order to receive oral or written explanations from him on issues related to his imprisonment. punishment, as well as to request information about his behavior from the place of residence, work or study of the convicted person.

3. The procedure for exercising supervision is determined by normative legal acts approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties, in agreement with the General Prosecutor's Office of the Russian Federation. (Article as amended effective from January 1, 2010 by Federal Law of December 27, 2009 N 377-FZ.

Commentary on Article 60 of the Penal Code of the Russian Federation

1. One of the main means of ensuring the established procedure and conditions for serving restrictions on freedom is supervision of convicted persons. In correctional centers, convicts are kept without guards, but under the constant supervision of the administration. It consists of monitoring and monitoring convicts at their place of residence and place of work, as well as during non-working hours. Supervision is carried out around the clock and everywhere: in residential premises and at work, during sleep and personal time, with or without the use of technical means. These functions are carried out by special services of the correctional center and employees of its other departments.

The procedure for supervision is determined by regulatory legal acts.

2. Part 2 of the commented article establishes the possibility of immediately placing a convicted person in a disciplinary cell for violating public order. We are talking here about violations of public order committed by a convicted person outside a correctional center. A further decision to apply penalties to the violator under Part 2 of Art. 58 of the Penal Code of the Russian Federation, must be accepted by the administration of the correctional center within 24 hours from the moment the offender is placed in a disciplinary detention center. If a violation of public order contains elements of an administrative offense, an administrative penalty may be applied to the convicted person in accordance with the Code of Administrative Offenses of the Russian Federation.

Consultations and comments from lawyers on Article 60 of the Penal Code of the Russian Federation

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In this article, we will consider the administrative supervision of convicts after release, changes in 2019, as well as its specifics and the rights of the structures performing control.

  1. 64 Federal Law on administrative supervision;
  2. Who is supervised?
  3. Differences between departmental control and administrative control;
  4. Stages of supervision carried out.

64 Federal Law on administrative supervision

In 2011, Federal Law No. 64 was adopted, regulating the procedure for the execution of administrative supervision. Law 64 “On Administrative Supervision” was adopted in connection with the increase in recidivism by persons who had previously served their sentences. Therefore, it was decided to establish measures for supervision and control over people who have already been released, but their criminal record has not yet been cleared.

The main tasks for the implementation and assignment of supervision are:

1. Prevention of repeated offenses;

2. Preventive measures to protect state and public interests.

Based on Article 11 of Federal Law 64, a person who served his sentence was charged with duties of a certain nature. Namely:

1. Do not change your place of residence without notifying regulatory authorities;

2. Come when first called to explain the reasons for violating the regime;

3. When traveling outside the district or city, notify law enforcement agencies.

Among additional measures, the following rules may be introduced:

1. Curfew. During the period from 22:00 to 6:00 you must be at your place of residence;

2. The supervised person does not have the right to visit certain places (kindergartens or entertainment venues);

3. It is mandatory to appear at the regulatory authority on the appointed day.

Moreover, each of these restrictions in a certain case can either be weakened or, conversely, tightened; such decisions are made only by the head of the internal affairs department.

Who is supervised?

On the basis of the Federal Law, people who have been released from prison, but their criminal record has not yet been expunged, come under control in relation to the commission of serious and especially serious crimes. And also in terms of intentional offenses and repetition of crimes. Surveillance can be established for persons convicted of crimes against minors and an attempt on their sexual freedom. And in relation to persons who:

  • They were dangerous violators of the order established in prisons;
  • Those who committed several administrative violations within a year after their release.

Supervision is appointed by the court, in connection with this the person is immediately restricted from going to certain places, they can even restrict him from visiting places where citizens are numerous. The supervised person must either come to the police department once a month or several times to register.
During the period of administrative supervision, the court may cancel administrative restrictions or add new ones.

Supervision is assigned for a period of 1 year, up to a maximum of 3 years, but not longer than the period during which the criminal record can be removed. The period of supervision begins from the moment of registration with the police department in the area in which the citizen plans to live.

The decision then comes into force. Executive authorities and other authorities collect data about the object of supervision in order to make an appropriate decision on the possibility of lifting previously imposed restrictions. The exception is a violation related to an encroachment on the sexual freedom of minors; premature lifting of restrictions cannot be applied to these persons.

As for the period of supervision, it completely depends on the type of crime committed. According to Article 5 of Federal Law -64, the period cannot be less than one year and more than three years. A formula can also be applied by subtracting from the period of expiration of a criminal record the period that the subject of administrative supervision served the sentence.

Administrative supervision may be suspended for a number of reasons:

1. the person under supervision is put on the wanted list;

2. When assigning the status of a supervised person “missing in action”;

3. Upon arrest of a person under supervision.

If these reasons disappear, then supervision automatically continues its action.
Measures are being taken to monitor the supervised police department, the monitoring procedure is determined by executive authorities.

The end of administrative supervision may be due to a number of reasons:

1. The period of administrative supervision has come to an end;

2. Criminal record expunged;

3. Declaration of a person under supervision as deceased;

4. Death of the person under supervision.

An early stop of administrative control may also be considered; the decision is recognized by the court on the basis of an application from the object itself, or its representatives, or the internal affairs department monitoring it in connection with the conscientious implementation of the established restrictions by the person under supervision. If he conscientiously fulfilled all his duties and has good characteristics from his places of work and residence.
Recently, Article 2 of Federal Law No. 64 added a section according to which a criminal record cannot be expunged while state supervision is carried out over a person who has served his sentence. Therefore, while intensive monitoring is being carried out in relation to this person, the criminal record remains outstanding.

Differences between departmental control and administrative control


Many people believe that these are two equivalent concepts that mean the same thing. But there is a difference between them. The differences relate primarily to the content of these two concepts. Superdepartmental bodies have greater power. Their rights include not only control over the activities of objects, but also the ability to control the appropriateness of making appropriate decisions. And supervision, in turn, concerns a specific person.

Also, supra-departmental bodies can intervene in various areas of activity of the controlled object, but administrative control bodies can only perform a supervisory function and monitor the implementation of regulations.

Stages of supervision carried out

Administrative supervision is a step-by-step implementation of actions, so in general it can be divided into the following stages:

  • Preliminary. At this stage, data about the object is collected and analyzed. Measures are being developed that need to be applied to it;
  • Current. During this stage, observation, inspection, and verification of compliance with regulations takes place;
  • Final. During this stage, a decision is made on further actions in relation to the object, namely, the removal or extension of administrative control.

Thus, administrative supervision as a whole can be considered as a separate type of activity aimed at ensuring compliance with the organization and legality of the activities carried out. In such activities, there is no organizational subordination of authorized structures, while they do not have the right to interfere in the activities of the supervised object.

The administrative regulations for supervision are based on the actions of authorized structures that have the right to visit objects under control, organize inspections at the objects, request the necessary information, analyze the need to issue certain permits to carry out restrictive measures, and make conclusions.

Currently, the main task of the state is to improve the work of supervisory authorities in order to reduce cases of recidivism, to speed up the process of socialization of persons who have been in prison. After all, practice all over the world shows that when working individually with previously convicted persons, the occurrence of repeated crime is reduced.



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