Correctional work as a type of criminal punishment

Last updated March 2021

The criminal law prescribes differentiated punishment depending on the criminal act itself, the circumstances of its commission and the identity of the perpetrator. A wide range of types of punishments, thirteen in total, are intended to assist the court in solving this problem. Correctional labor is in 5th place in terms of severity and is assigned in practice quite often. What they are and how they are implemented is described in Art. 50 of the Criminal Code of the Russian Federation, as well as the provisions of the Penal Code of the Russian Federation.

What is correctional work

This type of responsibility consists of the convicted person performing duties at his place of work, being forced to work with the deduction of part of the monthly earnings to the state. Its execution is controlled by the criminal executive inspection (CII) of the district in which the convicted person lives.

Correctional work is prescribed:

1. Employed - at the place of work.
2. Non-working - in places determined by the local self-government body (LSG), that is, the local administration in agreement with the UII. The place of employment must be located in the area where the convicted person lives.

In other words, in the verdict the court does not indicate the specific place where the convicted person will have to work. This will either be the place where he already works, or where the criminal-executive inspection will send him.

Such punishment can last from 2 months to 2 years (for minors - up to 1 year).

Correctional labor is a punishment assigned exclusively as a main punishment. It is prescribed in certain cases:

1. When this is provided for by the sanction of the imputed article.
2. As a milder punishment (Article 64 of the Criminal Code) than provided for by the sanction.
3. When replacing:
   a fine for malicious evaders from paying it;
4. unserved part of imprisonment;
5. more severe punishment in case of amnesty or pardon by the President.

Corrective labor cannot be an additional punishment. This type of punishment can be imposed conditionally with a probationary period, after which, if there are no complaints about the behavior of the conditionally convicted person, he will not actually serve them.

Correctional labor is the same punishment for crimes committed as any other. It is assigned solely based on a court conviction and therefore entails a criminal record with all its consequences. Convictions are expunged one year after serving.

Competence and job responsibilities of inspection staff

Inspectorate employees are engaged and competent in monitoring the actions, motivations and behavior of the convicted themselves when imposing a certain punishment on them = this is correctional work of the Criminal Code of the Russian Federation.

The duties of the inspector are described in the UIZ:

1. Maintaining control.
2. Monitoring compliance with the 30-day deadline within which work must begin.
3. Checking attendance at work.
4. Periodic visits to the work area.
5. Taking measures sufficient to obtain evidence, refusal of absenteeism or failure to appear due to valid reasons.
6. Checking the withholding of funds and indications on account of the state budget, reconciling data on wages with data on the amounts transferred to the convicted person.
7. Sending requests to various authorities and structures to search for a convicted person.

These and other duties must be performed by the inspector.

Possible places of work for convicts

As mentioned above, employed convicts serve correctional labor at the place of their employment. That is, serving for them is reduced to the performance of their daily work duties with exceptions established by law, which will be discussed below (deduction of part of the salary, reduced duration of annual leave, inability to resign without the permission of the Penitentiary Inspectorate, and so on). In this case, employment must be exclusively official.

• If a convicted person works, but his employment is not registered in accordance with the requirements of labor legislation, he is considered unemployed.
• If the person held accountable was employed during the trial before the verdict was passed, he should provide a certificate from the employer about official employment at the court hearing and request that it be included in the case materials. In this case, the place of serving the sentence is determined by the place of work. If this information is not available, even if you have official work, the court will not be able to do this.

Assigning places of correctional work to the unemployed

Non-working persons sentenced to correctional labor are sent by the Criminal Executive Inspectorate to work in any organizations determined by the local government body (LSG), the list of which is agreed upon between them.

If a convicted person gets a job before registering with an organization that is not approved by the local self-government body, the penal inspection approves it as the place where the sentence will be served.

When choosing a place of work, the following are taken into account:

• crime committed;
• health status;
• profession, skills;
• place of residence.

For persons under 18 years of age, individual personality traits (age, psychological) and other conditions are additionally taken into account.

Convicted unemployed citizens are issued an order by the penal inspection to report to their employing organization to serve their sentence. This organization may refuse an employee, but only because of the inadequacy of his professional qualities. Otherwise, the refusal is illegal and the UII will appeal it to the prosecutor's office.

Vera Viktorovna Dolganina

Practicing lawyer with more than 10 years of experience.

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Most often, places for convicts to work are determined in municipal organizations - housing and communal services, improvement, maintenance and operation of transport, etc. These organizations often have a shortage of workers in low-paid positions that do not require qualifications - janitor, laborer, cleaner, etc.

Application of compulsory work in practice

Local authorities have the right to determine the organization and form of work execution. As a rule, such work does not require high professional skills. In most cases, city authorities provide labor activities aimed at improving public places.

As practice shows, the main types of work are:

1. Planting green spaces on the streets.
2. Digging up trees in parks, alleys, squares.
3. Loading and unloading materials.
4. Painting borders.
5. Garbage collection at public transport stops, sidewalks, and along the sides of roadways.

The form of ownership of the enterprise or organization where the convicted person carries out the court decision does not play any role. Assignments are given taking into account age, physical development and the presence of contraindications for general health.

Examples of the use of compulsory labor are the facts of court decisions under Article 49 to supporters of A. Navalny. Courts in several Russian cities applied this rule to proxies of opposition representatives. The reason was campaigning in support of his candidacy for the post of head of state.

Protests took place in several regions of Russia. Seven supporters were punished with labor ranging from 20 to 120 hours. The court sentenced one protest participant to 20 hours of compulsory labor for ignoring the payment of a fine.

Deductions from wages during correctional labor

A convicted person, while serving correctional labor, receives a salary for his work established by the employer, but part of it, determined in the sentence, is deducted monthly to the state income.

This part can range from 5 to 20%. At the same time, deductions are not made from social, one-time payments. The employer controls the correctness and timeliness of deductions.

The law provides for the possibility of reducing the assigned percentage of deductions from the salary of a convicted person whose financial situation has worsened (all types of his income are taken into account). To do this, a corresponding petition is submitted to the court from the convicted person, the correctional institution or the employer's administration. However, the court has no right to go beyond the minimum possible retention (5%).

Kinds

There are several types of correctional work. They can be assigned for an administrative offense or serve as a substitute for imprisonment.

The decision made by the court on this issue is made on a case-by-case basis, depending on the circumstances and the extent of the violation.

Administrative punishment

Mandatory work for administrative violations is assigned in court.

This type of work involves a citizen who has committed an offense performing free work that benefits society.

The duration of assignment of works cannot exceed more than two months.

While serving work, up to 20% of the salary is deducted from the violator’s basic earnings in favor of the state. Thus, the actual amount of the deduction depends on the citizen’s earnings.

Deductions are not made from benefits received, pensions, as well as payments of a one-time nature.

This type of punishment is used for minor offenses. These include:

• petty hooliganism;
• malicious disobedience to a lawful order;
• systematic drinking of alcohol in public places.

Substitution of imprisonment

Replacing the unserved part of the sentence imposed on a convicted person with correctional labor is used when serving a term in a disciplinary military unit or when undergoing forced labor.

Article 80 of the Criminal Code of the Russian Federation allows for the replacement of the unserved part of the sentence for persons deprived of liberty, but who have shown ideal disciplinary behavior while in prison.

The decision to replace the unserved part of the sentence with correctional labor can only be made in court.

In recent years, there has been an increase in the number of prisoners who received a more lenient sentence in exchange for imprisonment. The court has increasingly received petitions from convicted persons wishing to receive a commutation of their sentences.

A petition to replace the unserved part of the sentence with correctional labor is a sample.

Who is not assigned correctional labor?

Correctional labor cannot be assigned to certain people strictly defined in Art. 50 categories of citizens:

• disabled people of the 1st group;
• pregnant women;
• women who have children under 3 years of age;
• conscripted military personnel;
• military personnel serving under contract (privates and sergeants), if they have not served their conscription term.

If, while serving his sentence, the convicted person becomes seriously ill, which does not allow him to serve his sentence (Article 81 of the Criminal Code of the Russian Federation) or becomes a disabled person of the 1st group (Part 5 of Article 50), he may be released from serving his sentence in court.

A woman sentenced to correctional labor, upon becoming pregnant, can petition the court to defer their serving until the child’s 14th birthday (Article 82) from the beginning of maternity leave.

Who else can be connected to control?

Knowing what it is, we can list some of the functions of other services:

1. Prosecutor's office. It is an edifying body whose employees must check the cases of convicted citizens and all the necessary conditions for serving their sentences at least once a quarter. And, if the employee’s actions violate the laws, the prosecutor has the right to demand that the inspectorate employee be brought to disciplinary liability.
2. Police, namely the PDN department (when serving sentences by minors). The police are called upon to assist the inspection in accordance with the Criminal Code of the Russian Federation.
3. Administration of the employing company where the convicted person works. It is such a company that is legally entrusted with control over an employee at his workplace. This includes drawing up time sheets, calculating working hours and ensuring labor safety.

All these bodies and structures are responsible for monitoring the work and its implementation by the convicted person when presenting his behavior within the work system.

Peculiarities of appointment when convicted of several crimes

Cases of conviction for multiple crimes are not uncommon. For them, the law establishes rules for assigning punishments, including correctional labor.

Set of crimes

The convicted person is charged with several criminal acts and one criminal case is considered based on these facts, that is, one sentence is passed. In this case, the court determines only the terms of correctional labor, and the final punishment is imposed by adding them in full or in part, after which the percentage of deduction from earnings is determined.

For example , two crimes were committed, for one six months of correctional labor were assigned, for the second - 8 months, and finally, by partial addition of them, the punishment was determined to be 9 months with the deduction of 10% of earnings in favor of the state.

Aggregate sentences

This is a situation where a person has already been convicted of another crime and commits a new one, for which a new sentence is imposed. Here, the partially or completely unserved part of the correctional labor under the old one is added to the punishment under the new court decision in the case, and the percentage of deduction from earnings remains the same, assigned under the first verdict.

In situations where different types of punishments are applied when determining their final type and duration based on the totality of crimes and sentences, the rules of Art. Art. 69 and 70 of the Criminal Code of the Russian Federation.

How, when and where are performed

What does serving a sentence involve? How is it processed?

After the verdict enters into legal force, the court sends an order to the criminal-executive inspection.

After this, the inspection is given 15 days to attract the convicted person to work.

The inspectorate coordinates with local government bodies the types of work to which a convicted person may be assigned. Then the documents are sent to the selected organization.

When choosing an organization and type of work, the person’s place of registration, place of work, his work schedule, state of health, and professional skills are taken into account.

The administration of the institution where the convict was sent issues a decree on his employment, keeps a time sheet for the time worked, and familiarizes him with the internal regulations and safety rules. Then the person is given appropriate instruction.

The convicted person must:

1. Comply with the organization's labor regulations.
2. Conscientiously perform the duties assigned to him.
3. Complete the work in full.
4. Warn the administration about a change of residence.

If a convicted person receives disability groups 1 and 2 while performing work, the inspectorate sends a proposal to the court to release him from punishment.

If pregnancy occurs, a petition is sent to the court with a request to defer the sentence.

What are mandatory works and where are they performed? About this in the video:

https://youtube.com/watch?v=7bGcgkhjW-I%3Fecver%3D1

Procedure and conditions of execution

Having received the verdict, the Penitentiary Directorate, no later than 30 days later, sends the convicted person to serve his sentence. A personal file is opened against him, where all documents related to the convict’s serving of correctional labor are collected.

Calculation of the term of correctional labor

The start of serving correctional labor varies depending on whether the convicted person has a permanent place of work:

• if so, the beginning of the period is the day the employer receives the relevant documents from the UII;
• if not, the day he went to work.

The term is calculated in months and years in which the convicted person worked and deductions were made from earnings. Moreover, in each month he must work exactly as many working days as there are in that month.

If the number of these days does not coincide, the punishment is served until they are fully served. Periods when the convicted person did not work are not included in the period of correctional labor served.

On the day the sentence ends, the Penitentiary Directorate sends a notice to the organization where the convicted person works to stop deductions from earnings. If the execution of the punishment is canceled for other reasons (exemption from punishment, replacement with a more severe one) - on the next working day after receipt of the documents on which it was canceled (court decision).

Features of labor relations

Employees sentenced to correctional labor are subject to all requirements of labor legislation with exceptions established by the Criminal Code and Penal Code of the Russian Federation.

Thus, a convicted person does not have the right to refuse a job offered to him and must:

• not violate the conditions and procedure for serving the sentence;
• treat your work responsibilities conscientiously;
• attend the Institute on call;
• notify the management office 10 days in advance of a change of job or place of residence.

While serving correctional labor, voluntary dismissal without the written consent of the Penitentiary Inspectorate is prohibited. The dismissal refusal by the Penal Inspectorate can be appealed.

Temporary disability benefits are calculated based on earnings without deducting from it amounts withheld by a court verdict.

Leave for those serving correctional labor

The annual paid leave of a person sentenced to correctional labor is 18 days; it is not equal to the standard duration of such leave under labor law (28 days). It can be used not at any time in accordance with the sequence established by the employer, but at a time agreed with the UII.

In this case, the convicted person is not deprived of the right to vacation days unused during correctional labor (that’s 10 days a year) and can claim them upon completion of serving his sentence.

Other leaves according to the law (additional, for example, for employees with an irregular schedule, for hazardous working conditions, etc.) can be used on a general basis.

Employer Responsibilities

The employer of a person sentenced to correctional labor is obliged to:

1. Make deductions from his earnings correctly and on time.
2. Control his behavior.
3. Help the UII in educational work.
4. Comply with the conditions of serving the sentence.
5. Report to UII:
   on the encouragement of a convicted employee, penalties imposed on him, evasion from serving a sentence;
6. about the upcoming transfer or dismissal of the convicted person.

Definition and Features

The purpose of any correctional work is to achieve a citizen’s awareness of his guilt and his involvement in a certain, but simple and accessible to others type of activity. How and what are the features of this method of punishment for a criminal offense? When are such works assigned and can they be avoided?

According to Article 50 of the Criminal Code of Russia, such types of work are the labor activity of a convicted citizen in a company that is determined by the state inspection (it is in this case a penal or penal element). When assigning and determining correctional activities, the body controls how and according to what rules the announced sentence will be executed. This is the main article in the latest edition, which regulates the specifics of execution, assignment and regulation of work. However, any changes and new definitions in this article may resolve the course of legal proceedings.

In the event that a citizen is already working at the time of the official pronouncement and execution of the final sentence and its implementation, he is given the opportunity not to leave for another company, but to remain at his job. If there is no permanent work and no schemes for its implementation, then the inspectorate will have to determine the place of residence in whose territory the citizen will have to work.

Most often, for citizens without an official permanent job, some municipal companies are selected, where low-paid activities are required (loader, yard cleaner and similar types of positions).

A complete list of possible works and similar organizations is agreed upon every year with the head of the municipal inspection office under Article 50 of the Criminal Code of the Russian Federation, as well as with the municipal authorities competent in these matters.

In some cases, direct employers include or may include not only state and municipal institutions, but also individual entrepreneurs and organizations with commercial activities, if these organizations require a permanent workforce.

The total term of correctional activity may vary depending on the court sentence from 2 months to 2 years. In addition, at the legislative level it is possible to establish a similar type of imposed punishment in certain units of time. For example, in days. This happens in the case of counting other types of punishments.

Example: a person was convicted of grand theft, and for good behavior, part of the sentence (2 months and 2 weeks) was replaced by work. In this case, the proportion is 1:3, then the convicted person will have to work for 7 months and 2 weeks.

If we compare correctional and compulsory labor with each other, we can highlight one point: during correctional labor, the convicted person will be required to receive wages according to the established tariffs adopted by the organization. In this case, part of the salary will be transferred to the convicted person, and part (up to 20 percent, depending on the court decision) will be sent to state revenue.

Therefore, if a person serves such a sentence, the state achieves 2 important goals:

1. The convict is constantly busy and learns skills that benefit the country and society.
2. The state receives a certain amount of funds into the state budget.

An important point: now situations are increasingly arising in which convicts ask the court to sentence them to correctional labor. This is due, first of all, to difficulties in finding a job, and also to not having the highest qualifications or a previous criminal record. Often, citizens continue to work in the same place after completing their correctional sentences.

Responsibility for improper serving of correctional labor

The criminal executive legislation prescribes measures for violators of the order of serving all types of sentences, the execution of which is controlled or ensured by divisions of the penitentiary service, including correctional labor. They differ in the degree of danger and are divided into simple violations and malicious evasion of service.

Violation of the order and conditions of serving

The Penal Code defines violations of the procedure and conditions for serving correctional labor as:

• failure to appear for work within five days from the date of receipt of the order from the Penal Inspectorate, unless there are good reasons for this;
• failure to appear without sufficient reasons at the police station;
• absenteeism (according to the Labor Code of the Russian Federation - absence from the workplace during a working day (shift), as well as for 4 hours in a row, without good reason);
• appearing at work (at the workplace, the territory of the employing organization or the facility where the employee must work) in a state of intoxication resulting from the use of alcohol, drugs or other toxic substances.

For such facts, the Penal Inspectorate has the right to apply the following measures to the employee:

• in writing, no later than three working days from the date of the violation, against signature, warn the convicted person about the possibility of replacing correctional labor with a more severe punishment;
• oblige him to visit the inspection every month (up to 2 times) for the purpose of registration, for which a decision is made.

Malicious evasion of serving

Malicious evasion is determined by the criminal-executive inspection:

1. In the event of a repeated violation, after a written warning, of absolutely any of the above.
2. If the convict has fled from his place of residence and his whereabouts are unknown. He is put on the wanted list, he can be detained for two days, this period can be extended by the court to 30 days.

Consequences of violations

The most negative consequence of improperly serving correctional labor is its replacement with a more severe punishment - forced labor or imprisonment.

Such a decision is authorized to be made exclusively by the court based on the results of consideration of the relevant justified request of the criminal investigation department, supported by information from the personal file of the violator, characterizing him and confirming the fact of evasion.

The petition is prepared and submitted to the court:

• within 3 days from a repeated violation (weekends and holidays are not taken into account);
• in relation to an absconding person - after the initial search activities.

Replacement occurs at the rate of 1 day of new punishment for every 3 days of unserved correctional labor.

What happens in case of malicious evasion?

Wherever the convicted person lives, he is obliged to fulfill the mandatory conditions of the IR. Otherwise, the court may reconsider the sentence and then the person will lose such a comfortable sentence. The main violations that are not allowed are:

• avoiding work for 5 consecutive days;
• refusal to attend the inspection;
• systematic absenteeism;
• carrying out work activities (visiting an inspection) under the influence of alcohol or drugs.

If a person has committed one of the above offenses, he will be given an appropriate warning. But when a subject who already has a written warning violates the conditions of serving the sentence again, this is regarded as malicious evasion.

This means that the court will replace the IR with another punishment provided for in a specific article. That is, impose forced labor or a prison sentence. If the convicted person fulfills all the conditions, the inspectorate may apply for a mitigation of the conditions. Even when a person has a maximum sentence, it can be reduced.

IR can take place at the place of main work, if the offender has one. It's quite difficult psychologically, but much better than prison

Therefore, it is important to comply with all inspection requirements and wait until the deadline. The maximum is prescribed quite rarely, but even then the period will be only two years

Some differences from similar punishments

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Serving order

Immediately after the verdict enters into legal force, a copy of it is sent to the penal institution at the district level. Employees of this institution participate in the execution of all types of imposed punishment, with the exception of imprisonment.

The convicted person is registered and a personal file is opened on him. The order of execution is as follows:

1. No later than 30 days from the date of announcement of the verdict, an inspector will visit the convict’s place of residence and hand him a summons. It will indicate the date and time for appearing at the criminal correctional inspection for registration.
2. On the day of appearance, a conversation is held with the convicted person and his rights are explained, finding out what activities he can perform.
3. Next, the convict receives a referral to the selected organization where he will work. The appearance is carried out within 5 days.
4. On a certain day, the inspector checks the citizen’s attendance by calling the appropriate organization.
5. The inspector keeps records of the hours worked by the convicted person, as well as the amount of payment. At the end of correctional work, he makes a note about the end of his labor activity.

What is the difference between correctional labor and compulsory labor? Find out the answer right now.

Correctional work. To whom, for what, how:

https://youtube.com/watch?v=akylHIx35Gs%3Fecver%3D1

Where do the perpetrators serve their sentences?

If a citizen is officially employed, then he is punished at the place of his work, but with restrictions. Part of the salary will be withheld to the state budget. In addition, the vacation will be shorter, he will not be able to resign of his own free will, and so on.

If the culprit works unofficially, then he is considered unemployed.

If a citizen has found a job during the trial, he must provide the court with a certificate of official employment, which will be filed with the case file. If this is not done, the judge will not be able to determine the punishment at his place of work.

Place of work

In most cases, this type of sanctions is carried out at the main place of work of the culprit.

Expert opinion

Bikmaeva Elmira Fanovna

Arbitration manager with more than 10 years of experience

Persons without work will be sent to where the local administration determines. The main thing is that the work is located in the area where they live. Legislative acts do not have indicators on the basis of which the local administration can select facilities and places for serving a sentence.

When making this choice, the inspectorate takes into account the severity of the crime, the place of residence of the convicted person, his state of health, profession, etc. It is worth noting that the convicted person does not have the right to refuse the chosen place to serve his sentence.

Procedure for carrying out punishment

Coordinates the execution of punishment - the Criminal Enforcement Inspectorate. The competence of the employees of this service includes monitoring how accurately the regime of serving the sentence is observed. The administration of the enterprise and the official employer also monitor the thoroughness of the execution of the assigned work. In addition to the executive inspector, the administration can also carry out educational measures in relation to the convicted person.

In order to prevent the commission of new crimes, the person brought to justice is prohibited from being outside his home - from 11 pm to 7 am. It is prohibited to leave the city on weekends and holidays. A minor offender is obliged to register with the Penal Inspectorate twice a month.

In case of violation of serving the sentence, tougher measures will be taken against the convicted person. The offender will be sentenced to imprisonment, arrest and sent to a correctional facility if:

• after the warning letter was issued, he failed to appear again at the police inspectorate without a good reason;
• does not show up for work or has absenteeism;
• appears at work under the influence of alcohol or drugs.

The judge can change the assigned restriction, not only for the worse, but also for the better for the convicted person. According to Art. 93 of the Criminal Code of the Russian Federation, the convicted person and his defense attorney may submit a corresponding petition to the criminal executive inspection. If the petition is approved, as it is justified by good behavior and conscientious fulfillment of assigned duties, the person may be released from further execution of the sentence or the term of its serving may be reduced.

Punishments in this form are used to correct a person who has committed an offense for a long time. The fact is that a person’s psyche is greatly influenced by the judgmental and unfriendly views of people from his environment - colleagues, acquaintances, neighbors and subordinates. A huge number of citizens value the opinions of their environment and other people. That is why, once finding himself in such an awkward situation as performing correctional work, a person forever loses the desire to break the law again. When fulfilling this form of responsibility, a person is not completely isolated from society, he leads a normal life with certain restrictions that give him the opportunity to think about his behavior.

If correctional labor is assigned to people as a mitigation of punishment. They provide an opportunity for the criminal to atone for his guilt before society, to do something useful for fellow citizens, instead of a previously committed violation, which entailed adverse consequences. In any case, this type of punishment is considered one of the most loyal and effective for criminals who have committed an offense for the first time.

To whom can this type of punishment be applied?

According to the analysis of judicial practice, it can be concluded that this type of punishment is more effective against persons who have their main place of work.
The legislator defines categories of persons in respect of whom correctional labor cannot be applied:

• persons with group 1 disabilities;
• women expecting a child;
• women with children under 3 years of age;
• persons called up for military service;
• undergoing military service under contract.