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On Amendments And Additions To The Corrective Labour Code Of The Rsfsr, The Criminal Code Of The Rsfsr And The Code Of Criminal Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Исправительно-трудовой кодекс РСФСР, Уголовный кодекс РСФСР и Уголовно-процессуальный кодекс РСФСР

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Real-forces changes and additions to Corrective Labour Code RSFSR-Federal Law dated 08.01.97 g. N 2-FZ Uspent force changes to the Criminal Code of the RSFSR -Federal Law dated 13.06.96 N 64-FZ A A C On Amendments and Additions , the RSFSR Code of Corrections, the Criminal Code of the RSFSR and the Code of Criminal Procedure The Code is aimed at improving the effectiveness of the execution of criminal penalties, observance of human rights and bringing the legislation of the Russian Federation into line with generally recognized international norms, concerning the conditions of detention of prisoners. Article 1. To be included in the Russian Federation's Correctional Labour Code (Bulletin of the Supreme Soviet of the RSFSR, 1970, N 51, art. 1220; 1973, N 22, Text 491; 1977, N 12, est. 258; 1977, N 38, sect. 907; 1983, N 10, est. 319; 1983, N 40, sect. 1429; 1985, N 39, sect. 43, 1353, 1987, art. 1501; 1989, N 22, sect. 550) the following changes and additions: 1. Article 5, paragraph 5, states: " Sentence of courts to deprivation of liberty, suspended sentence of imprisonment, exile, exile, exile, and corrective labour without deprivation of liberty shall be enforced by the courts. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Correctional labour establishments within the Russian Federation are organized and liquidated by the Ministry of Internal Affairs of the Russian Federation. ". 2. Chapter two, section I, to supplement articles 8-1, 8-2 and 11-1 as follows: " Article 8-1. Convicts ' freedom of conscience Convicts guaranteed freedom of conscience and religion. They have the right to profess any religion or none. In the cases of persons serving sentences in colonies-settlements and suspended sentences of compulsory labour, they are granted permission to visit places of worship within the administrative region upon request. Persons serving a sentence of deprivation of liberty (except for convicted persons held in punishment cells, punishment cells and disciplinary cells) are invited, upon request, to serve as members of the clergy. In correctional labour institutions, convicted persons are allowed to perform religious rites, to use objects of worship and religious literature in accordance with the procedure established by the legislation of the Russian Federation. The members of the cult, upon their request and with the consent of the convicted persons, shall be allowed to visit corrective-labour establishments to perform religious rites. The practice of religious rites is voluntary and must not violate the rules of the internal regulations and infringe upon the rights of other persons serving their sentences. Article 8-2. The right of convicted persons to personal security If a threat to life, health or threat of another crime against the person of the convicted person is endangered, he may apply to any official A corrective-labour institution requesting a transfer to premises where there is no such threat. In this case, the official must take immediate steps to transfer the sentenced person to a safe place. The head of the corrective-labour institution or special commandant shall take measures to eliminate these threats or decide on the place of further serving of sentence. Article 11-1. Deputy and public control over the activities of correctional labour institutions and other bodies responsible for the execution of the criminal sentence of the People's Deputies ' Councils of the Russian Federation supervise the activities of corrective labour institutions, special forces and other penal enforcement bodies located in their territories, directly and through the monitoring commissions, with the involvement of public officials. organizations. Members of the monitoring commissions and other persons authorized by the Council of People's Deputies acting on behalf of the Council or its organs, in consultation with the relevant body of internal affairs, have the right to meet with all persons; in the field of execution of punishment, to receive complaints from convicted persons and to participate in their authorization, to acquaint themselves with the documents required for this work, except for classified operational documents. ". 3. Article 10 should be supplemented with a third reading: " Convicts must be explained fully of their rights and obligations, conditions of work and rest provided for by law; they must have access to the legislative framework. The regulations governing the execution of criminal penalties and the rules of the internal regulations of corrective-labour establishments. 4. In article 22: (a), the second paragraph should read: " Convicted clothing, except for adult women, wear uniform. Convicted men must be able to shave each day and be allowed to wear a short hair, a beard and a moustache. Convicts under the Internal Order of Corrective Labour Offices may move within the colony, be searched, and the search is carried out by persons of the same sex who are searched. Correspondence of convicted persons is subject to censorship, and parcels, parcels and packages-searches. "; b) Part 5 of the following wording: " In the manner established by this Code, convicts are allowed to acquire by The payment of foodstuffs, articles of first necessity, footwear, clothing and other industrial goods not prohibited to use in places of deprivation of liberty, pay for additional curative and preventive services, receive parcels, Transfer and Banderolas, have dates, maintain correspondence, telephone conversations, to receive and send money transfers, to sign insurance contracts with insurance agencies, and to transfer the funds available in corrective-labour institutions to their personal accounts for the purpose to be opened for that purpose in the local account The branch of the bank, to acquire certificates, bonds of domestic loans, as well as other securities that have a circulation in the territory of the Russian Federation. Insurance contracts, savings books and other securities are stored in the convicted person's personal file. The administration of the corrective labour institution shall ensure the preservation of these documents and shall issue them to the convicted persons when they are released from their places of detention. ". 5. Chapter four of section II is supplemented by article 23-1 as follows: " Article 23-1. Special conditions in corrective-labour institutions In cases of mass unrest in places of deprivation of liberty threatening public safety, life and health of convicted persons and personnel, by decision OF THE PRESIDENT OF THE RUSSIAN FEDERATION may be restricted or suspended in places of deprivation of liberty production, schools, vocational schools, shops, clubs and libraries for a period not exceeding thirty days. In the order specified in the first part of this article, this period may be extended by thirty days. The measures provided for in the first part of this article may also be introduced by the head of the department of internal affairs of the province, the region, the autonomous region, the autonomous region, in agreement with the relevant prosecutor, with the mandatory consent of the State concerned. by the Minister of the Interior of the Russian Federation, or by the Minister of the Interior of the Republic of the Russian Federation, in consultation with the relevant prosecutor. In the event of imminent threat to the life and health of convicted persons, personnel and other persons in places of detention, the head of the correctional labour institution may impose the measures provided for in paragraph 1 of this article; independently, with immediate notification to the Chief of Internal Affairs of the province, the region, the autonomous region, the Autonomous District or the Minister of the Interior of the Republic of the Russian Federation. ". 6. In article 24: (a) the first sentence should read: " Convicts are allowed to purchase food and items of first necessity for money earned in places of deprivation of liberty. Convicted men over the age of sixty, women over fifty-five, persons with first and second groups, pregnant women, women with children in child homes in corrective labour colonies, minors, convicted persons, Detention centres and correctional labour colonies for the maintenance and treatment of ill convicts, convicts, totally or partially unsecured by work, convicted persons in compliance with the norm but not in their personal account the amount they are entitled to In the shop of a corrective-labour institution, it is permissible to purchase food items and items of the first necessity also for money received by transfers. "; b) Part Three should be redrafted to read: " Convicted persons who execute the workload standards or who perform assignment may be allowed to spend a sum of ten percent of the statutory minimum monthly wage, that are in the process of executing production standards or performing installed jobs in hard work, hazardous working conditions or work in corrective labour institutions located in areas of the Far North and similar regions, 20 per cent of the statutory size the minimum monthly wage. "; in) Part Four should be deleted, replacing it with two additional parts: " Persons with disabilities of the first group, pregnant women, women with children in children's homes " colonies are allowed to purchase food and articles The first necessity is the amount equal to the statutory minimum monthly wage. The Persons with disabilities of the second group and the convicts, who are held in medical institutions of places of deprivation of liberty and correctional labour colonies for the maintenance and treatment of ill convicts, are allowed to purchase products and the items of the first need, amounting to sixty per cent of the statutory minimum monthly wage. "; , part five is considered part of the sixth. 7. Article 25 should be amended to read: " Convicts are permitted to receive parcels, transfers and parcels, and without restriction from the funds available on their personal accounts, literature through the book network, Written articles, subscribe to newspapers and magazines. The literature acquired through a book network and received by mail is not included in the number of parcels and packages to be established by this Code. The convicted person is allowed no more than 10 copies of books (journals). ". 8. In article 26: a), in the title, after the word "Dates", add "and telephone negotiations"; b) Part One, as follows: " Convicts are granted visits: short-term, for up to four hours, as well as long lasting up to three days in the territory of the corrective-labour institution, and long lasting up to three days in a corrective-labour institution. Short visits are provided with relatives or other persons in the presence of a representative of the corrective-labour institution. Lengthy visits are granted with the right to live together with close relatives (spouse, parents, children, adoptive parents, adopted children, brothers, sisters, grandfathers, grandmothers, grandchildren). "; in) to supplement the fifth and sixth parts of the following content: " Convicted persons are entitled to four telephone conversations per year of up to fifteen minutes each with technical possibilities. Inter-city telephone calls are paid from the personal funds of convicted persons. Convicted persons upon request are allowed to replace long visits by short term, as well as long or short-term visits by telephone calls. ". 9. In article 26-1: (a), in Part One, after the word "general", add the words ", reinforced and strict"; (b) part two and the third sentence: " Claim by convicted person for urgent departure in connection with exceptional personal circumstances must be considered in a daily period. Authorization for short-term travel shall be granted by the head of the corrective-labour institution in agreement with the procurator, taking into account the person's personality and the behaviour of the convicted person. Refusal of a short-term permit should be motivated. The time taken to find a convict outside the boundaries of a corrective-labour institution shall count towards the duration of the sentence. The cost of travel of the sentenced person is paid to them personally or by his relatives. He is not charged for the time he has been found outside the corrective-labour institution. The Ministry of Internal Affairs of the Russian Federation, in coordination with the General Assembly, determines the procedure for granting convicted short-term visits to places of deprivation of liberty in connection with exceptional personal circumstances. The Procurator's Office of the Russian Federation. "; c) to supplement the fourth and fifth sections as follows: " Convicted women who have children in children's homes in corrective labour colonies are allowed to leave the country for a short period of time. limits of places of deprivation of liberty for the duration of parental leave Relatives, guardians or children's homes for at least 15 days, not counting the time in the journey. Convicted, transferred to improved conditions of detention in correctional labour colonies with a general and strengthened regime, the head of the corrective labour institution may be authorized to travel abroad for short visits deprivation of liberty once a year for the duration of the leave. Convicted, transferred to improved conditions in correctional labour colonies, upon completion of not less than two thirds of the sentence imposed by the head of the corrective labour institution agreed with the prosecutor, c In the light of the individual and the behaviour of the convicted person, short-term visits may be authorized to travel abroad once a year for the duration of the leave. ". 10. Article 28 should read as follows: " The number of parcels (transfers, banderolles) received by convicted persons held in correctional labour colonies, labour colonies and prisons shall be established by articles 62-65, 69, 70, 75 and 76 of the present Code. The weight of one parcel or banner is limited by the effective mail rules. The transmission weight must not exceed the maximum permissible weight of the parcel. Tough convicts, pregnant women, women with children in children's homes under corrective labour colonies, disabled persons of the first and second groups, regardless of their regime, are allowed to receive twelve parcels (gears, parcels) within a calendar year. The procedures for receiving and handing over packages (parcels, banderolas) as well as a list of prohibited items are laid down in the Internal Order of Corrective Labour Offices. 11. Article 30 should read: " Convicts are allowed to receive and send letters and telegrams without limiting their quantity. The correspondence between prisoners who are not relatives of prisoners in places of deprivation of liberty is permitted only with the permission of the administration of corrective labour institutions. Insecurity of letters received in the name of convicts, as well as the letters sent to convicts, is performed by the administrations of the corrective labour establishments not later than within three days from the day of the letter to the correctional labour institution The institution or surrender of the convicts; the service of telegrams shall be carried out by the administration of the correctional labour institution immediately. ". 12. In article 31: (a), in Part One, delete the words "exceptional cases in"; (b), in Part Three, delete the words "violations of the rules on currency transactions," and " convicted persons who exercised the right to travel without a convoy, but were He was deprived of his or her permanent residence and convicted persons who had been sentenced to compulsory treatment for alcoholism or drug addiction. "; "Extortion,"; in Part Four, as follows: "Convicts who have been granted the right to travel without a convoy may be permitted to live in a hostel outside a protected area, but within the borders established by the administration of the corrective-labour institution." 13. In article 32: (a), in Part Two, after the words "accommodation", delete " colonies. Living outside the colony is not permitted "; b) in Part 3 of the term" Rules of Internal Order of the corrective-labour institutions "shall be replaced by the words" the head of the colony, in consultation with the bodies of local Councils of People's Deputies. " 14. In article 33: (a), in part one, the word "two years" should be replaced with the word "three years"; b) in the second word, delete the words "; after the end of the period of separation, work shall be performed on the instructions of the administration of the colony and are paid on the same basis with other convicts serving their sentences in correctional labour establishments of this type. " 15. In article 35: (a) the first sentence should read: " handcuffs can be handcuffed to convicted persons. Convicts who physically resist the employees of a corrective-labour institution or other violent acts are also permitted to use other special means. The Special Means shall be applied in the manner prescribed by article 14 of the Law of the RSFSR "On the Militia", solely for the purpose of preventing convicted persons from causing harm to themselves or to others. "; (b) Part two, third and fourth shall be deleted. 16. Article 36 should read as follows: " Proposals, statements and complaints by convicted persons addressed to the prosecutor's office, the court, and to public authorities with the right to control the performance of corrective labour institutions, the review is not shall be surrendered and no later than within the day shall be due upon attachment. The results of the examination of proposals, statements and complaints shall be announced to the convicts under the receipt. ". 17. In article 37: (a) the first sentence should read: " Every convicted person is obliged to work. The administration of the corrective labour establishments has engaged convicts in State enterprises or, on a contractual basis, in the enterprises of other forms of ownership, taking into account their ability to work and, where possible, specialties. Convicted persons may be allowed to work individually. "; b) Part Two, as follows: " Convicted men over sixty years of age, women over fifty-five, persons with disabilities The first and second groups, women who have been pregnant for more than four months, women with children in child homes under corrective labour institutions are allowed to work according to their wishes. " 18. In article 38: (a) Part five, as follows: " Convicts have the right to annual paid leave of twelve working days with or without travel outside the labour force agencies. The order of departure from the correctional labour establishments is governed by articles 26-1, 62, 63, 64, 75, 76 of this Code. "; b) Part Six shall be deleted, replacing it with two additional parts: " Time The work of the convicted persons while serving their sentence in the form of deprivation of liberty is included in the total length of service. The management of the corrective and labour institution shall be taken into account by the end of the period of time spent on the basis of the calendar year. With the systematic failure of convicts to perform work tasks or other manifestation of unfair treatment, the relevant period is excluded from the submission of the general administration of the general labour institution The length of service of the sentenced person. Convicted, released from work pursuant to article 37, paragraph 2, may be allowed one year to travel outside the corrective-labour institution in the manner prescribed by articles 62, 63, 64. "; in) Part 7 to be considered as part eight. 19. In article 39: (a), in the first sentence, delete the words "Accrual of the convicted person's earnings shall be calculated on the basis of the partial reimbursement of the costs of corrective labour establishments."; (b) Part Two, as follows: Revisions: " In correctional labour colonies and prisons, convicts must be enrolled regardless of all deductions of not less than twenty percent, and on the face account of male convicts over the age of 60 years, older women fifty-five, disabled persons of the first and second groups, minors, pregnant women Women, women with children in children's homes under corrective labour colonies, at least forty-five percent of their monthly wage. "; in), supplement part four: " Monthly The earnings of convicts who perform work orders or assigned tasks cannot be lower than the statutory minimum monthly wage. "; g), delete the fifth. 20. In article 40: (a), in Part One, delete the words ", including the part that is paid for the maintenance costs of the corrective labour institutions, and are retained until these costs are recovered"; b) Part Two. The following wording: "Convicted minors, disabled persons with first and second groups, women with pregnancy for more than four months, clothing, underwear and footwear are provided free of charge." 21. In article 41: (a) Part one should read as follows: " Convicted persons may be engaged without pay for work on the improvement of places of deprivation of liberty, other than protection facilities, to work for improvement the cultural and domestic conditions of the convicted persons or the support work for the provision of corrective labour establishments by food. "; b) in the second word" two hours. "to read" eight hours per month. "; in) add the following to the third content: " To recover work Protective facilities can be used only in case of the destruction of security facilities as a result of natural disasters or other emergencies, as well as in forest health and labour institutions. ". 22. In article 51, the first part of the sentence should read: " The following promotion measures can be applied for good conduct and fair treatment and education for convicts: -declaration of gratitude; - { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } Authorization for additional short or long visits, and Telephone conversation; -permission to further spend money in the amount of fifteen per cent of the statutory minimum wage, and in educational-labour colonies in the amount, 20 percent of the statutory minimum monthly wage, the purchase of food and items of first necessity monthly; -early release of the previously imposed penalty; The transfer to the correctional labour colony of the special regime of convicted persons who have served not less than one third of the sentence, from the chamber type to ordinary living quarters in the same colony; -to increase the time of the walk of the sentenced person held in prison in general regime-up to two hours, in strict regime-up to one hours. ". 23. In article 53: (a) the first sentence should read: " The following penalties may be applied for violations of the requirements of the regime for serving the sentence: -warning or reprimanded; -emergency cleaning of premises and territory of the corrective-labour institution, with the exception of protection facilities; -a one-off withdrawal of convicts contained in educational-labour colonies, cinema visits, concerts, Participation in sports games; -to remove improved conditions of the content provided for in articles 62-65, 69, 75 and 76 of this Code; -the concentration of convicts in correctional labour colonies, in a punishment cell with or without conclusion, or study for a period of up to fifteen years 24 hours, and those in educational-labour colonies are held in disciplinary cells for up to 10 days; -to drive convicted prisoners held in prisons to solitary confinement or to study for up to 15 days; -the transfer of sentenced prisoners in corrective labour colonies in general, of a maximum security regime of up to six months, in special regime colonies for up to one year, and in prisons for a maximum of two to six months; the transfer of sentenced prisoners of the ordinary living quarters of the special regime colony, in the chamber type in the same colony. "; b) Part 3, amend to read: " Pregnant women, women with children in children's homes " Corrective labour colonies, disabled persons in the first group in a punishment cell and room type, and in prison in punishment cells and a strict regime do not drive. "; in) addition to the fifth reading: " Convicts may not be disciplined for failure to comply with workload standards or shifts, if this was not the result of a refusal or a malicious evasion of the job. ". 24. In article 54: (a), in Part 5 of the word "places of deprivation of liberty," shall be replaced by the words "corrective labour institution, with the exception of security installations,"; (b) Part 9, amend to read: " During Detention in the punishment cell, punishment or disciplinary segregation of convicted persons is prohibited from visits, the purchase of foodstuffs and articles of the first necessity, receipt of parcels, parcels and packages, and use of board games. In the punishment cell, punishment or disciplinary confinement, convicts are provided with individual beds and bedding. The bedding is only available when you sleep. Convicted persons in the punishment cell, the upper warm clothes are issued only when they are taken out of the room. Convicts in solitary confinement. Convicts held in punishment cells, punishment cells or disciplinary segregation shall enjoy a daily walk of thirty minutes. Posters, transfers and parcels are handed to the convicted person after the end of his term in the punishment cell, punishment or disciplinary confinement. "; in) after Part 9, add the following sentence: " Overall period In a disciplinary cell for one calendar year, it shall not exceed 40 days, in the punishment isolator of 60 days, in the chamber type-six months. "; parts of the tenth and eleventh counting). 11 and 12 respectively. 25. In article 56: (a), in Part Three, after the words "sentenced works", delete the words "and their relationship to work"; (b) Part 4 and 5, amend to read: " Pregnant women, nursing mothers, In the case of minors as well as sick persons, improved living conditions are created and higher nutritional standards are being established. Convicted minors, disabled persons with first and second groups, women with pregnancy for more than four months, non-working women with children in children's homes under corrective labour colonies, non-working men older sixty years old, women over fifty-five, as well as persons released from work on illness, food, clothing, underwear and footwear are provided free of charge. "; in) supplement the seventh reading: " Convicted persons Women whose children are in the children's homes colonies are entitled to a child care allowance in accordance with the laws of the Russian Federation. ". 26. In article 57: (a) Part four, as follows: " Convicted persons have the right to seek advice and treatment in the fee-for-service system. The payment of such services and the purchase of the necessary medicines are carried out by the convicted person or his relatives at his own expense. Counseling and treatment in such cases is carried out in the medical and sanitary unit at the place of serving the sentence, under the supervision of medical-sanitary unit personnel. ". b) Part 5, shall be deleted. 27. Chapter nine of section II, supplement article 57-1 as follows: " Article 57-1. A special feature of the sentence is deprivation of liberty by pregnant women, nursing mothers, mothers and women with children under the age of three years The need for a child's home should be arranged. Convicted women have the right to place their children under the age of three in their homes. Convicted women who have been pregnant for more than four months, or having children under three years of age, in cases where they are not subject to the suspension of their sentence in the manner provided for in article 46-2 of the RSFSR Criminal Code, The administration of the corrective labour institution is sent to the corrective labour institution where the child's home is present. Children of convicted women with the consent of the mother may be handed over to her relatives, or with the consent of the mother and by decision of the guardianship authorities or other persons, or on reaching the age of three years shall be sent to the appropriate children's agencies. If the mother of a child who has reached the age of three, the unserved term of the punishment does not exceed one year and she conscientiously carries out her maternal duties, the child's stay in the child's home may be extended by the administration The Convention on the In the event of a violation by the mother of the regime of detention, the decision to extend the stay in the child's home may be revoked. ". 28. Article 62: (a) of Part Three and Part Four, as follows: " In general regime colonies, convicts: are contained in standard accommodation; can be spent on purchase of products and the items of the first necessity, the money earned in a corrective labour institution, in the amount of 30 per cent of the statutory minimum wage; four short and three long visits; -have the right To receive six parcels during the year (parcels, packages). In the absence of a serious violation of the regime of serving the sentence and in good faith to work on completion of at least one third of the sentence, the conditions of detention can be improved. In this case, convicts: -have the right to spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution, in the sum of sixty percent of the established The law of the minimum monthly wage; -is entitled to six short and six long visits during the year; -they have the right to receive twelve parcels during the year (gears, parcels); - have the right to travel out of places of deprivation of liberty for the duration of the annual The Ministry of Internal Affairs of the Russian Federation, in accordance with the procedure established by the Ministry of Internal Affairs of the Russian Federation and agreed with the Office of the Procurator-General of the Russian Federation Federation. ". b) to supplement the fifth reading: " Under a serious violation of the regime it is necessary to understand: the unjustified refusal of a convicted person to work, use alcohol, drugs or other substances, manufacture, storage, acquisition of items intended for crimes, participation in gambling, minor hooliganism, and the commission of more than three breaches of the regime during the year, each of which is reprimanded in writing. ". 29. In article 63 of the third and fourth sections, the following wording: " Convicted colonies: are kept in ordinary residential premises; can spend on food and food, and The amount of the money earned in the corrective labour institution, in the amount of 30 per cent of the statutory minimum wage; short-and three-long visits; -have the right to receive Six parcels (parcels, packages). In the absence of a serious violation of the regime of serving the sentence and in good faith to work on completion of at least one third of the sentence, the conditions of detention can be improved. In this case, convicts: -have the right to spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution, in the sum of sixty percent of the established The law of the minimum monthly wage; -is entitled to six short and six long visits during the year; -they have the right to receive twelve parcels during the year (gears, parcels); - have the right to travel out of places of deprivation of liberty for the duration of the annual The Ministry of Internal Affairs of the Russian Federation, in accordance with article 26-1 of the Code of the Russian Federation, in accordance with article 26-1 of the Code of the Russian Federation. Federation. ". 30. In article 64 of Part Three and Part 4, the following wording: " Convicts in strict regime colonies: are kept in standard accommodation; can be spent on food, and of the first need for money earned in a corrective labour institution, in the sum of twenty-five per cent of the statutory minimum wage; -they have the right to three years short and two long visits; -have the right to receive The current year is four parcels (parcels, packages). In the absence of a serious violation of the regime of serving the sentence and in good faith to work on completion of at least one third of the sentence, the conditions of detention can be improved. In this case, convicts: -are entitled to spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution, in the amount of fifty per cent of the established The law of the minimum monthly wage; -is entitled to six short and four long visits during the year; -they have the right to receive twelve parcels during the year (gears, parcels); -have the right to travel outside the places of deprivation of liberty for the duration of the annual The Ministry of Internal Affairs of the Russian Federation, in accordance with article 26-1 of the Code of the Russian Federation, in accordance with article 26-1 of the Code of the Russian Federation. Federation. ". 31. In article 65, part two and third paragraph, the following wording: " In correctional labour colonies of special treatment, convicts: are kept in solitary confinement in rooms of chamber type or ordinary accommodation; -may spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution, in the sum of twenty percent of the statutory minimum monthly wage pay; -eligible for three years Short and two long visits; -have the right to receive four parcels (parcels, packages) during the year. In the absence of a serious violation of the regime of serving the sentence and in good faith, the conditions of detention may be improved upon completion of at least half of the sentence. In this case, convicts: -have the right to spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution, in the amount of 40 per cent of the established law The minimum monthly wage; is entitled to six short and four long visits during the year; -they have the right to receive twelve parcels (parcels, packages) during the year. ". 32. In article 66, part three, should be deleted. 33. In article 69 of Part Two and Part Three, the following wording: " Convicts held in general prison facilities: may spend on the purchase of food and basic necessities in a corrective-labour institution, in an amount of twenty percent of the statutory minimum monthly wage; is entitled to three short and one long visits during the year; have the right to receive four parcels (parcels, packages) during the course of the year; -One hour of daily walk is used. In the absence of a serious violation of the regime of serving the sentence and in good faith to work, at least half of the prison sentence imposed by the court, the conditions of detention can be improved. In this case, the convicts: -have the right to spend on the purchase of foodstuffs and articles of the first necessity the money earned in a corrective labour institution in the amount of 40 per cent of the established law The minimum monthly wage; -is entitled to four short and two long visits during the year; -they have the right to receive twelve parcels (parcels, packages) during the year. ". 34. In article 70: (a) Part four, as follows: " Convicted prisoners held in high-security prisons: can spend on food and basic necessities. earned in a corrective-labour institution, amounting to fifteen per cent of the statutory minimum wage; -they have the right to receive one parcel and one parcel within six months; -40 days walk five minutes. "; b) supplement the fifth reading: " By decision of the prison administration, a convicted person may be allowed one short interview. ". 35. In article 75, part three, and the fourth sentence should read: " In educational-labour colonies of the general regime, convicts: are kept in ordinary accommodation; can be spent on acquisition The amount of money earned in a corrective labour institution or received by transfer is 40 per cent of the statutory minimum monthly wage; -have the right to four short and four long term dates; -have the right to receive eight parcels during the year (parcels, parcels). In the absence of a serious violation of the regime of serving the sentence and in good faith to work on completion of at least one quarter of the sentence, the conditions of detention can be improved. In this case, convicts: -have the right to spend on the purchase of food and articles of the first necessity the money earned in a corrective labour institution or received by transfer, to an amount equal to the fixed amount The law of the minimum monthly wage; is entitled to six short and six long visits during the year, and the administration of the educational-labour colony may take place outside the colony; -are entitled to receive twelve parcels during the year (gears, (a) The right to travel outside the places of deprivation of liberty during annual leave upon the administration of the educational-labour colony, in accordance with article 26-1 of the present Code, in accordance with the procedure established by the Ministry. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In article 76 of Part Two and Part Two, the following wording: " In educational-labour colonies of a strengthened regime, convicts: are kept in ordinary residential premises; can be spent on acquisition The amount of the minimum monthly wage in the amount of the minimum monthly wage is set at 30 per cent. -have a right to four short and two long term dates; -have the right to receive six parcels (parcels, printed matter) during the year. In the absence of a serious violation of the regime of serving the sentence and in good faith to work on completion of at least one third of the sentence, the conditions of detention can be improved. In this case, the convicts: -have the right to spend the purchase of food and articles of the first necessity the money earned in a corrective labour institution or received on transfers, in the sum of sixty % of the minimum monthly wage established by law; -are entitled to six short and four long visits during the year, and on the decision of the administration the educational-labour colony may be held outside the colony; -has the right to receive during the year Twelve parcels (transfers, parcels); -have the right to travel abroad during annual leave upon decision of the administration of the educational-labour colony, in accordance with article 26-1 of this Code, OF THE PRESIDENT OF THE RUSSIAN FEDERATION In article 78-1, part two, should be deleted. 38. In article 78-2, part two, after the words "other valid reasons.", supplemented by the words " The time of the presence of these persons outside the administrative area shall be counted as part of the sentence. A statement by a person sentenced to deprivation of liberty, subject to mandatory labour and conditional release from compulsory labour, of exceptional personal circumstances, must be made conditional on exceptional personal circumstances. Be considered on a daily subsistence allowance. ". 39. In article 94: (a) Part 4: "The time of correctional labor is counted as part of the total length of service."; b) Part five to read: " Convicted persons (c) The right to an annual paid leave of eighteen working days. "; in) Part 6, as follows: " The time of serving a sentence in the qualifying period of service benefits and allowances are not included. "; d) Part 7 shall be deleted. 40. In article 100, in Part One, delete the words "preventing further serving of sentence". 41. In article 100 (1): (a) the title should read: " Exemption from serving a sentence on disability of persons serving sentences in colonies-settlements conditional on deprivation of liberty, conditionally released from Places of deprivation of liberty and convicted prisoners "; b) Part One, as follows: " A person serving a sentence in colonies-settlements, conditionally sentenced to deprivation of liberty with mandatory involvement of Conditionally released from prison The first or second group of persons with disabilities shall be exempted from further serving their sentence in accordance with the procedure established by article 362-1. The Code of Criminal Procedure of the RSFSR. "; in Part Two, delete. 42. In article 107, in Part Two, delete the words "In accordance with the Fundamence of the Union of Soviet and Union Republics ' corrective labour legislation, other cases of administrative supervision, grounds for establishing and"; "shall be determined" by "shall be determined"; after the words "deprivation of liberty", delete the words "approved by the Presidium of the Supreme Soviet of the USSR". Add this Code to section VI as follows: Section VI AGENCIES AND ORGANS, PERFORTINENT AND IMPLEMENTATION OF MONITORING A SYMBOL AND CONTEXT OF THE EXCEPTED Chapter Twenty-second INSTITUTIONS AND ORGANS, MONITORING A SYMBOL Article 116. Staff requirements Persons working with convicted persons must comply with the requirements laid down in the legislation of the Russian Federation for employees of the internal affairs agencies. " The staff shall strictly comply with the laws of the Russian Federation, comply with the standards of professional ethics, and be humane with regard to convicted persons. Incompatible with the work of the bodies carrying out punishment, cruel, inhuman or degrading treatment, and failure to take appropriate action against such acts. Article 117. The responsibility of the employees of the corrective-labour institutions Employees of correctional labour institutions who have committed cruel, inhuman or degrading treatment are criminally or criminally responsible Disciplinary action. In the event of a single year of disciplinary punishment for the actions referred to in part one of this article, the staff member shall be dismissed from the internal affairs agencies. Article 118. The legal position of the staff Employees of institutions and bodies performing the punishment, as well as members of their families, are protected by the State. The inviolability of the person, honour and dignity of personnel shall be protected by law. Acts of officials and citizens impeding the discharge of their duties are punishable by law. The staff are entitled to bring claims against the convicted persons based on the law, and to apply incentives and penalties within the limits of their competence. Article 119. Social protection of personnel The officers of the bodies performing the punishment are subject to articles 30 to 34 of the Law of the RSFSR "On the Militia". Ordinary and commanding staff working directly in correctional labour institutions, remand centres, transit centres, treatment and work centres and facilities for places of detention, The minimum number of years of service for a pension is set at three days of service, three days of service in four days, and in correctional labour colonies for the maintenance and treatment of ill convicts, two days of service in three days retain their previously established benefits. Ordinary and executive staff shall count on the time of study at the full-time higher and secondary specialized educational establishments for the purpose of calculating the pension for two months of study for one month of service. ". Article 2. Amend the Criminal Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 591; 1969, N 47, sect. 1361; 1982, N 49, sect. 1821) the following changes and additions: 1. In article 27, part five, shall be deleted. 2. Chapter 5 of the General Part is supplemented by Article 46-2 as follows: " Article 46-2. Postponement of the serving of sentence by pregnant women and women with young children With regard to convicted pregnant women and women with children under the age of three, except for those sentenced to imprisonment, For five years for serious crimes against the person, the body, executing the sentence, shall submit to the court, in accordance with the legislation of the Russian Federation, the time for release from work on the basis of the legislation of the Russian Federation, agreed upon with the procurator. pregnancy, childbirth, and until the child reaches the age of three. At the same time, a medical certificate of pregnancy or a certificate of the presence of the child, the characteristics and the personal file of the convicted person are sent to the court. Postponement of the serving of sentences shall apply to a convicted person with a family or relatives, if there is consent to be shared with her or who has the possibility to independently provide adequate conditions for the upbringing of the child. On the day of the release of the convict to the internal affairs authority, a copy of the court's determination to postpone the sentence, specifying the date of release, is sent to the convict's place of residence. A convicted woman who has been suspended from serving her sentence shall be released from the place of serving his sentence and should be taken to his place of residence, where she is obliged to become an internal affairs body within three days of her arrival. After the convicted person's appearance, the internal affairs authority is obliged to send a confirmation to the corrective labour colony or the special commandant at the place of release of the convicted person within three days. In the event of the non-arrival of the sentenced person within two weeks from the date of her release, the internal affairs authority carries out the initial search activities. Control over the conduct of convicted persons, in respect of whom the serving of sentence is postponed, is carried out by the internal affairs body and the Supervisory Commission established by the House of People's Deputies at the place of residence of the convicted person. A warning shall be issued to the sentenced person who has been sentenced to serve a reprieve or who has refused to take care of a child or who has committed a violation of the public order. In the event that the convicted person refuses a child and passes it to a children's home, or continues to refuse to raise a child, to care for him, or again to violate public order, the internal affairs body at the place of residence The convicted person shall submit to the court the abolition of the suspension of the serving of the sentence and the transfer of the sentenced person to the place designated by the sentence. When the child reaches the age of three, the court upon the submission of a body of internal affairs at the place of residence of the sentenced person shall decide whether to release the convicted person from serving the remainder of the sentence or to replace it with a softer or the return of the sentenced person to a correctional labour institution to serve the unserved part of the sentence. If the sentence is resumed, the court may, in whole or in part, set the time to delay the sentence or refuse it. The convicted person should be detained at the place of serving his/her sentence. If, during the period of suspension, the convicted person commits a new offence, the court shall punish her by the rules provided for in article 41 of this Code. "." Article 3. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1970, N 22, Text 442; 1971, N 22, est. 432; 1974, N 29, est. 781; 1977, N 12, est. 257; 1983, N 32, sect. 1153) the following changes and additions: 1. Article 361 of the first sentence states: " The execution of a sentence of conviction of a person to deprivation of liberty, exile, expulsion or correctional labour without deprivation of liberty may be postponed if one of the following is available: (1) the severe illness of a convicted person who obstructs the serving of sentence-until his recovery; 2) the pregnancy of a convicted person or the possession of a woman's young child, until the youngest child has reached the age of three except for those sentenced to deprivation of liberty for more than five years for serious crimes against the person; (3) when the immediate serving of a sentence may have a particularly serious effect on the convicted person or his family in view of the fire or other natural disasters, serious illness, death of a single able-bodied member family or other exceptional circumstances-for a period fixed by the court, but not more than three months. ". 2. In article 362, part one, after the words "other serious illness", delete the words "preventing the serving of sentences,". 3. In article 362-1: (a) the title should read: "Exemption from serving a suspended sentence for deprivation of liberty, conditionally released from places of deprivation of liberty and sentenced to correctional labour"; b) Part One: " In the case of a suspended sentence of deprivation of liberty, conditionally released from places of deprivation of liberty, subject to mandatory labour, or Convicted persons sentenced to correctional labour, will be determined in accordance with the established procedure Disabled of the first or second group, the court shall exempt him from further serving his sentence. "; in Part Two, delete; g) in Part Three, after the words" serving of sentence ", delete the words" or the direction for of deprivation of liberty ". 4. In article 362, part one, after the words "the sixth article 46-1", insert the words "and parts of the first and second articles 46-2". 5. In part three, article 368, delete the words ", the inclusion of working hours in the colonies-settlements in the total employment period. President of the Russian Federation B. RIVER Moscow, House of Russia 12 June 1992 N 2988-I