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Enforcement Of Code Of Criminal Procedure Of The Russian Federation And Other Laws Into Line With The Federal Law On Amendments And Additions To The Criminal Code Of The Russian Federation "

Original Language Title: О приведении Уголовно-процессуального кодекса Российской Федерации и других законодательных актов в соответствие с Федеральным законом "О внесении изменений и дополнений в Уголовный кодекс Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW About bringing the Code of Criminal Procedure of the Russian Federation and other legislation into line with the Federal Act " Amendments and additions to the Criminal Code of the Russian Federation adopted by the State Duma on November 21, 2003 class="ed"> (In the federal laws dated 11.03.2004. N 12-FZ; of 05.06.2007 N 87-FZ; of 24.07.2007 N 210-FZ; of 02.10.2007 N 229-FZ; of 26.12.2008 N 293 = FZ; dated 03.06.2009 N 106-FZ; of 27.12.2009 N 377-FZ; dated 29.12.2010 N 433-FZ; dated 07.02.2011 N 3-FZ) Article 1 Amend the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; N 30, est. 3015, 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 28, st. 2880) The following changes and additions: 1) Article 26 shall be declared void; 2) in the second article 27 digits ", 26" delete; 3) in article 31: in Part One: digits "109" replaced In the words "109 parts of the first and second", after the words "171-1 part one," to be supplemented with the words "174 part one, 174-1 part of the first,", the numbers "184" were replaced by the words "184 parts of the first, third and fourth", the words "part one, part one, 200 part two" Replace "198, 199" with Part One, 199-Part One, Part One; words " 228 in the first and fifth words "replace 228 part one, 228-2"; digits "265," delete, after "274 part first," insert "282 part one, 285-1 part of the first, 285-2 part one,"; in paragraph 1 of part Third word "152 Part Three," delete; 4) Part Two of Article 52 to be supplemented by the words "and the court"; 5) in Article 108: Part One to supplement the new second sentence with the following sentence: " When choosing a measure remand in custody of a judge must be specified the specific factual circumstances on which the judge made the decision. "; to supplement the señom-1 as follows: " 7-1. When refusing to satisfy a request for a suspect or an accused person to be detained in the form of remand in custody, the judge may, on his own initiative, be entitled, subject to the grounds provided for in article 97 of this Code, and from taking into account the circumstances specified in article 99 of the present Code, to take a preventive measure against a suspect or an accused person in the form of a bond or house arrest. "; " Decision of the Court of Cassation to rescend the order of the judge to be elected to the The quality of preventive detention is immediately enforceable. The decision of the court of cassation may be appealed in accordance with the rules laid down in Chapter 48 of this Code. "; To ensure the enforcement of the sentence in the civil action, other property penalties or the possible confiscation of property derived from criminal acts, or acquired by criminal means, the procurator, the person conducting the initial inquiry or the investigator With the consent of the prosecutor, a request is made to the court to seize the property of the suspect, the accused or persons legally liable for their actions. The Court shall consider the application in accordance with article 165 of the present Code. In deciding whether to seize property for possible confiscation, the court must refer to the specific factual circumstances under which it took such a decision. "; 7) Part 3 of article 125 should be completed with the following sentence: "Complaints to be considered by a court shall be considered in open court, except as provided for in part two of article 241 of the present Code."; 8) in paragraph 1 of Part Three of article 150: the words "123 parts of the first and the second" shall be replaced by the words " "123 Part One", the digits "182," and the digits "200," delete, the words "213 parts of the first and second" shall be replaced by the words "213 part one"; , the words "228 parts of the first and fifth" shall be replaced by the words "228 part one, 228-2"; digits 241-245 Replace "241 parts of the first, 242, 243-245", the words "264 part one," delete; 9) in article 151: in Part Two: subpara. with the words "127-1 parts two and three, 127-2 parts of the second and third parts,"; 3: after '124,' complete with numbers "127-1, 127-2,", digits "152," delete, "159 parts of the second and third, 160 parts of the second and third" shall be replaced by "159 parts of the second and the fourth, 160 parts of the second and the fourth," Replace the words "195-197, 198, 199" with "213-part three" with the words "213 part two", the words "219 of Part Two, 220 Part Two", replace "219 parts of the second and third, 220 parts of the second and third"; Replace "228 parts of the second-fourth" with "228 part two, 228-1"; Replace the words "240 part 2" with "240 parts of the second and third, 241 parts of the second and third, 242-1", replace "264 parts of the second and third" with "264", "265," delete, "313 of the second" should be replaced with the words " 313 parts two and three "; in paragraph 5, the words" 228 parts of the second to fourth "should be replaced by the words" 228 Part Two, 228-1 "; in Part Three: in paragraph 6 of the word" Part Two "should be replaced with the word" article "; in paragraph 8 of the phrase "228 parts one and five" should be replaced by the words " 228 part one, 228-2 "; in Part 5: the words" 159 parts of the second and third, 160 parts of the second and third "replace" 159 parts of the second-fourth, 160 parts of the second and third parts "; words" 228 parts of the third and fourth parts " Replace the words "228 part two, 228-1"; in the sixth digit "285, 286" with "285, 285-1, 285-2, 286"; 10) in article 213, paragraph 4, of the words "article 25, 26" should be replaced by the words "Article 25"; 11) of article 239, paragraph 2, of the figure ", 26" delete; 12) in article 241: add the following content to the second 1: " 2-1. The court's definition or decision to hold a closed trial must specify the factual circumstances under which the decision was taken by the court. "; Part five, after the word" weight ", should be supplemented by the words "audio and", the words " and with the consent of the parties, if this does not obstruct the trial. Audio recordings are not allowed if this creates an obstacle to the trial "delete; 13) in article 254, paragraph 3, of the figure", 26 " delete; 14) (Uexpo-Federal Law dated 29.12.2010. N 433-FZ) 15) in article 396: in the first digit ", 18" delete; part four after the words "4-1,"; to be supplemented by a quarter of the following: " 4-1. The issues referred to in paragraph 18 of article 397 of this Code are resolved by the court at the place of detention of the convicted person. "; 16) in article 397: in paragraph 2: in subparagraph (a) of the words" compulsory labour, correctional labour in subparagraph (b) delete; , in subparagraph (c) of the word "restriction of liberty, arrest or deprivation of liberty", delete; "deprivation of liberty" to be deleted; in paragraph 4 of the word ", as well as cancellation On parole, "delete; to supplement paragraph 4-1 as follows: " 4-1) on the abolition of conditional release-in accordance with article 79 of the Criminal Code of the Russian Federation; "; Paragraph 18 should read as follows: " 18) on the detention of a convicted person who has been hiding in order to avoid serving his sentence in the form of a fine, compulsory works, corrective labour or restriction of liberty, The question referred to in paragraph 2 of this article, but not more than 30 days; " 17) in article 398, paragraph 2, replace the words "one year" with the words "three years"; 18) in article 399: read: " 1. Issues relating to the enforcement of the sentence are heard by the court: 1) on the application of the rehabilitated person, in the case referred to in article 397, paragraph 1; (2) on the application of the convicted person, in the cases specified in Paragraphs 4, 6, 9, 11 to 15 of article 397 and paragraphs 1 and 2 of article 398 of the present Code; 3) on the submission of a body of internal affairs at the place of detention of a convicted person, in the case referred to in article 397, paragraph 18, of this Code; 4) subject to the requirements of Articles 469 to 472 of the present Code, in the cases specified in the paragraphs 20 and 21 of article 397 of this Code; 5) upon the submission of the institution or body performing the penalty, in all other cases specified in article 397 of this Code. "; Part 5 of the Convention shall be declared void; 19) (Spconsumed by Federal Law of December 29, 2010). N 433-FZ) 20) in the first article 427 of the words "The minor defendant committed the crime for the first time and his correction" should be replaced with the words "correction of a minor accused"; 21) Part Two Article 432, after the words "of the offence of moderate gravity" to be supplemented with the words "or a serious offence, except for the offences referred to in article 92, paragraph 5, of the Criminal Code of the Russian Federation"; The words " in need of treatment for alcoholism or drug addiction, as well as those referred to in Part Two of article 99 of the Criminal Code of the Russian Federation, "to replace the words" referred to in article 99 of the Criminal Code of the Russian Federation "; href=" ?docbody= &prevDoc= 102084533&backlink=1 & &nd=102114461 "target="contents" title= " "> dated 05.06.2007 N 87-FZ) 24) (Spanged by Federal Law of 05.06.2007) N 87-FZ) Article 2 Amend the Penal Enforcement Code of the Russian Federation (Legislative Assembly Russian Federation, 1997, No. 198; 1998, N 30, sect. 3613; 1999, N 12, stop. 1406; 2001, N 11, sect. 1002; N 13, st. 1140; N 26, est. 2589; 2003, N 24, sect. 2250) the following changes and additions: 1) in Article 12: second sentence of Part Two to supplement the words "or penalty"; in Part Four, if all available domestic funds have been exhausted Legal protection of convicted persons "shall be deleted; shall be supplemented with a portion of the following content: " 6-1. The convicted persons have the right to psychological assistance provided by the psychological service of the correctional institution and other persons entitled to such assistance. The participation of convicted persons in activities relating to psychological assistance shall be carried out only with their consent. "; (2) in article 14: first sentence of part four, to be supplemented with the words" belonging to registered " In accordance with the established procedure for religious associations, at the choice of convicted persons "; part five of the lapel; 3), the first article 15 should read: " 1. Convicts may submit proposals, applications, petitions and complaints. "; 4) in article 16: Part One: " 1. The penalty of a fine is executed by the bailievs by place of residence (work) of the convicted person. "; Part Six of the invalidated; 5) in article 18: in part one of the first word" alcoholism " or drug addiction, and "delete; , in part two, the word" alcoholism or drug addiction, and "and the words" with the possibility of causing other significant harm to these convicted persons, or " delete; part three after the words "addictions" to "addictions, drug addiction," 6) in article 20: in the second word "In the cases provided for by the Russian Federation's legislation," should be replaced by the words "In accordance with the law of the Russian Federation"; , part three of the word "confiscation". "delete; 7) in article 24: , in Part One: , paragraph" a ", after the words" Federal Assembly of the Russian Federation "to be supplemented with the words", Commissioner for Human Rights in the Russian Federation ", after the words OF THE PRESIDENT OF THE RUSSIAN FEDERATION Human rights in the constituent entities of the Russian Federation, "; paragraph" d "after the word" members "to be supplemented by the words" public observatory "; part two of the void; 8) in article 25: The first word "objects to be determined by the body" shall be replaced by the words "enterprises subordinate to the organs"; in part three of the word " and shall monitor the timely transfer of funds to the relevant budgets for the executed prisoners. (delete; 9) Article 26 should be completed by part The fourth reading is: " 4. Mandatory work shall be performed by the convicted person on a non-reimbursable basis. "; 10) part two of article 28 shall be declared void; 11) in article 30: Replace" 1. Pevasive "; add a second reading: " 2. The convicted person whose whereabouts are unknown is declared wanted and may be detained for up to 48 hours. This period may be extended by the court to 30 days. "; 12) of article 31 and 32, as follows: " Article 31. Penalties in the form of a fine 1. The sentenced person is obliged to pay a fine within 30 days from the date of the court's ruling. 2. In case the convicted person is unable to pay a fine, the court on his application and the conclusion of the bailiff may settle the fine for up to three years. 3. Sentenced to a fine with payment of the payment, as well as a convicted person, in respect of whom the court in accordance with part two of this article has decided to pay the fine, shall be obliged to pay a fine within 30 days from the date on which the judgement or decision of the court takes effect. The legal force to pay the first part of the fine. The remaining part of the fine shall be payable monthly not later than the last day of each subsequent month. Article 32. A bitter failure to pay the penalty 1. A convicted person who has not paid a fine or a part of the fine in the first and third article 31 of this Code shall be sentenced to a fine. 2. In the case of a convicted person who has been wilfully evading the payment of a penalty imposed as a main penalty, the bailiff shall not be liable earlier than 10 but no later than 30 days from the expiry of the deadline for payment specified in parts one and three. Article 31 of this Code provides the court with a view of replacing the fine with another form of punishment in accordance with article 46, paragraph 5, of the Criminal Code of the Russian Federation. 3. In the case of a convicted person who has evaded the payment of a fine imposed as an additional penalty, the bailiff shall enforce the penalty imposed by civil law. of the Russian Federation. 4. The convicted person whose whereabouts are unknown is declared wanted and may be detained for up to 48 hours. This period may be extended by the court to 30 days. "; 13) to add the words" as well as to the change of place of residence "; 14) in article 39: Part One, as follows: " 1. Correctional works shall be served in places determined by the local self-government authorities in agreement with the penal enforcement inspects, but in the area of the convict's place of residence. "; , part two words" shall be served Sentence shall be no later than 15 days "shall be replaced by the words" shall be replaced by the penal correction system to serve the sentence not later than 30 days "; part three after the words" educational work; "to be supplemented by the words" with the participation of the police OF THE PRESIDENT OF THE RUSSIAN FEDERATION The words "shall, where appropriate, send them to the employment services for employment" shall be replaced by the words "; shall apply to the local authorities on the modification of the place of serving of sentences of corrective labour", the words "; issue permits for Dismissal of convicted persons from work on their own will while serving the sentence "delete; (15) part 4 of article 40, as follows: " 4. Convicted persons are not entitled to reject the work he has proposed. "; 16) Article 41 to declare void; 17) in article 42: part two and third shall be redrafted to read: " 2. The beginning of the term of correctional labour is the day of release of the sentenced person to work. 3. The time during which the convicted person did not work for valid reasons is not counted in the prison term. "; (Paragraph 5 of paragraph 17 is no more effective-Federal Law dated 03.06.2009 N 106-FZ ) 18) Article 45 to declare invalid; 19) in article 46: in Part One: item "a" should read: " (a) failure to appear for work without valid reasons. 5 days from the date of receipt of the order of the penal correction inspection; "; paragraph" to "declare invalid; part two shall be supplemented with the words", and also oblige the sentenced person to twice a month to be Criminal and executive inspection for registration "; , part four of the word" c " "This period may be extended by the court to 30 days." class="doclink "href=" ?docbody= &prevDoc= 102084533&backlink=1 & &nd=102135148" target="contents "title=" "> dated 27.12.2009 N 377-FZ) 21) Part 1 of Article 49 should read: " 1. The term of restriction of liberty shall be calculated from the date on which the convicted person arrives at the correctional centre. "; 22) Article 58 should read as follows: " Article 58. Liability for violation of the order and conditions of the serving of the freedom of the freedom and for the malice 1. The violation of the order and conditions of the serving of the restriction of liberty is a violation of the labour discipline, public order or the established rules for the convict's residence, unauthorized without good reason for leaving the territory of the correctional facility The right to return to the place where the sentence was served and to leave the place of work or place of residence for a period of not more than 24 hours was imposed in writing. 2. A convicted person who violates labour discipline, public order or established rules of residence, and abandons his or her territory without legitimate excuse, who has not returned or is not returning to the place of detention The following penalties may be imposed by the administration of the correctional centre for serving a sentence that leaves a job or place of residence for a period of not more than 24 hours: (b) reprimanded; b) prohibition to leave the hostel in a certain time of day for up to one month; in) In accordance with the Rules of Internal Regulations of the correctional centres, the unit is placed in a disciplinary cell for up to 15 days. 3. " Abandonment of the sentence is arbitrary without good reason for leaving the convicted territory of the correctional center, non-return or untimely return to the place of serving the sentence, leaving the place of work or place The Convention on the Rights of the Rights of the 4. In the case of a convicted person who has evaded serving his sentence, the head of the correctional centre or the person in loco parentis shall submit to the court an idea of the replacement of the unserved term of the restriction of liberty by deprivation of liberty. From the day of submission of the corresponding submission to the court's decision, the sentenced person may be placed in a disciplinary cell for up to 30 days. 5. The convicted person who has left the territory of the correctional center for more than 24 hours is wanted and subject to detention for up to 48 hours. This period may be extended by the court to 30 days. "; 23) part one, article 59, should read: " 1. The decision to apply to convicts to limit their freedom of encouragement and recovery shall be made in writing. "; The Federation "shall be replaced by the words" of the other nearest subject of the Russian Federation, where there are conditions for their accommodation "; 26) in article 74: second sentence of part one to supplement the words" as well as to convicted persons ". for a period not exceeding six months left in detention centres with their consent "; , in part four, except those listed in Part 5 of this article, delete; in Part 5 of the word ", as well as convicted women in a particularly dangerous recidivism", " delete; part nine should be supplemented with the following sentences: " Isolated sections may be created in educational colonies, functioning as general-regime correctional colonies, for the maintenance of convicts who have reached the age of 18 while serving their sentence. The procedure for the establishment of these areas is determined by the Ministry of Justice of the Russian Federation. "; 27) in article 77-1: in the name of the word" for crimes committed by other persons "; The first word, "Where necessary, for the investigation of crimes committed by other persons", to be replaced by the words " If necessary to take part in the investigation as a witness, victim, suspect "(the accused)"; , part two, of the crime cases, committed by other persons, "substitute the words" as a witness, the victim, the accused "; 28) in article 78: in Part Two: , paragraph" in "should read: " in " Colony of the general regime in the colony-settlement-on the departure of convicted prisoners in conditions of detention, not less than one quarter of the sentence; "; to supplement the paragraph" g "with the following sentence: " g " In a penal colony, at the departure of convicted persons, at the time of their departure, One third of the sentence; convicted persons who were previously paroled from serving their sentences and who committed new offences during the remainder of the remaining sentence, who served at least half of their sentence and convicted persons for the commission of particularly serious crimes-after serving at least two thirds of the sentence. "; to supplement the second one with the following content: " 2-1. The period of sentence to be served to change the type of correctional institution shall be calculated from the day of imprisonment of the convicted person. "; Recreation, "; (30) in article 85, paragraph 2, of the words", health and other services ", replace by" and other services, except for health care "; (31) Part 3 of article 87, after the words" local government ", to supplement of the Russian Federation Representatives of public oversight commissions "; 32), in article 88, paragraph 1, of the words" pensions and social benefits ", replace the words" pensions, social benefits and money transfers "; (33) in article 89: The second word "in exceptional cases" should be deleted; part four should read: " 4. In order to receive legal aid, convicted persons are provided with lawyers or other persons entitled to legal aid, without restriction of their number for up to four hours. On the application of the convicted person, visits are made with counsel in private, outside the hearing of third parties and without the use of technical means of listening. "; 34) Part Two, 91, after the words" in the Russian Federation " By the words "the Commissioner for Human Rights in the constituent entity of the Russian Federation, a public monitoring commission established in accordance with the legislation of the Russian Federation, the European Court of Human Rights"; 35) in article 92: parts one and two should be restated as follows: " 1. Persons sentenced to deprivation of liberty are entitled to telephone calls. In the absence of technical capacity by the administration of the correctional facility, the number of telephone calls may be limited to six per year. The duration of each conversation should not exceed 15 minutes. Telephone calls shall be paid for by convicts at their own expense or at the expense of their relatives or other persons. The organization of telephone calls is determined by the federal executive authority responsible for the correctional facility. 2. Upon arrival at the correctional facility, as well as under exceptional personal circumstances, the administration of the correctional facility provides the convicted person with the possibility of a telephone conversation at his request. "; part four add the following sentence: "In exceptional cases, with the permission of the chief of the correctional facility, a convicted person may be allowed to have telephone conversations with a relative serving a sentence of deprivation of liberty."; , fifth word "controlled" by "may be controlled"; In the second article 97, the words "up to seven days" should be replaced by the words "up to fifteen days"; 37) in article 98: Convicted women, regardless of their performance and other circumstances. "; Part 6 of the void; 38) in article 99: part two is supplemented by the words", by individual means Hygiene (at least soap, toothbrush, toothpaste (tooth) toilet paper, disposable razor (for men), personal hygiene products (for women) "; in part four of the word" and public services "shall be replaced by", public services and personal hygiene products "; In the fifth word, replace "food and clothing" with "food, clothing, utilities and personal hygiene facilities"; 39), the second sentence of article 100, paragraph 4, should read: " Convicted to pregnant women, convicted women during childbirth and postpartum The second sentence of part three of article 106 should be amended to read: " The duration of the work may be increased by the written application of the sentenced person, or by The need for urgent action by the Superintendent of the Correctional Service. "; 41) in article 113: paragraph" d " of the first part to be declared invalid; Part Four should read as follows: " 4. For the purpose of further correction, a positive convict may be present at the replacement of the unserved part of the sentence with a more lenient form of punishment after the actual sentence has been served. "; 42) In article 115, paragraph 1 (b), the words "two minimum wages" should be replaced by the words "two hundred roubles"; (43) Part 7 of article 117 should read: " 7. Convicted women with children up to 3 years of age in the child's home, and convicted women released from work on pregnancy and childbirth, as well as convicted persons with disabilities in group I, in punishment cell, premises chamber type and single rooms of chamber type are not translated. "; 44) in article 118: in point" a "of part two of the word" earned while serving the term of deprivation of liberty "should be replaced with the words" available on their personal accounts "; add the following content to the second 1: " 2-1. Convicts held in punishment cells, chambers of chamber type, single chamber, solitary confinement cells are invited, upon request, clerics belonging to a registered religious order. Associations, on the choice of convicted persons. "; part four of the void; 45) in article 121: , in paragraph" b "of the first word" four short ", replace" six short visits "; Part three add the following sentence: " Convicted Women may be allowed to live outside the correctional facility in conjunction with the family or children on a rented or private dwelling. "; 46) Part I of article 122 should be supplemented with the following sentence:" If The period of stay in the remand centre against the convicted person did not apply to punishment in the form of punishment in the punishment cell, the period of his/her normal prison term is calculated from the day of detention. "; 47) in article 124: in part one: " and convicted persons for serious and particularly serious crimes offences, "to be deleted, to be supplemented by the following sentence:" If, during the period of stay in remand centres, the convicted person has not been subjected to a measure of punishment in the form of punishment in the punishment cell, the term of his or her detention under normal conditions of serving a sentence shall be calculated from the day of detention. "; , in Part Five, and convicted of serious and particularly serious crimes", delete; 48) Part Three of article 127, add the following sentence: " If No measure taken during the period of stay in the remand centre as a punishment in the form of a punishment in the punishment cell, the length of his sentence is calculated from the day of imprisonment. "; 49), the sentence of the first article 130 is supplemented with the following sentence:" If during the period of stay In the remand centre, the convicted person did not apply the penalty of punishment in the form of the punishment in the punishment cell, the length of his stay on a strict regime is calculated from the day of detention. "; 50) in article 132: Part three to supplement the paragraph , to read: " During the period of the minor's stay The person convicted under strict conditions shall count the period of stay in the quarantine department, as well as the period of detention if the juvenile is subject to the appropriate measure of restraint and he does not allow violations of the established The order of detention for which the measure of punishment has been applied in the punishment cell. "; , part of the fifth word," pre-term "delete; 51) in article 133: paragraph" b " of the first part the following revision: " b) have eight short visits and four Long dates during the year; "; , in point" b ", of the fifth word" four short visits "to read" six short visits "; 52), article 134 should be added to" g " to read: "(g) early transfer from strict conditions of sentence to ordinary."; 53) in article 140: Part one after the words "from the educational colony" to supplement the words " in the isolated section of the educational colony, functioning as a general regime penal colony, if any, or "; Part Two: " 2. The decision to transfer a convicted person who has reached the age of 18 to a segregated section of the educational colony operating as a correctional colony of the general regime or to a penal colony shall be decided by the court in accordance with the procedure established by the law. Criminal procedure law of the Russian Federation. "; part three after the words" from the educational colony "to be supplemented by the words" or from the isolated section of an educational colony functioning as a correctional colony. in general, "; 54), to supplement article 141 with Part Three of the following Content: " 3. Juveniles who have reached the age of 16 are allowed to study in absentia in secondary and higher vocational education. "; 55) in article 158: in the third word" in exceptional cases ". Cases "delete; add to seventh reading: " 7. Convicts who are held in a disciplinary cell are invited, at their request, to belong to the religious associations registered in accordance with the established procedure. "; 56) in article 161 of the word" alone ". Minimum size "shall be replaced by the words" three minimum sizes "; 57) part two of article 167 should read: " 2. For the purpose of further correction, convicted military personnel, characterized by exemplary behaviour, conscientious attitude to military service and labour, may be represented by the commanding officer of the disciplinary unit to replace the unserved part of the sentence a more lenient form of punishment following the actual completion of the portion of the sentence referred to in the law. "; (58) Part 4 of article 173, after the words" and pension certificate in the person's personal file ", supplemented by the words" and in the event that The validity of the passport has expired, " to be supplemented by the following proposals In the case of the need to obtain a new passport, the costs of his/her extradition shall be deducted from the funds in the personal account of the convicted person. If the convicted person does not have a personal account, the costs of issuing a new passport are paid at the expense of the State. "; 59) in article 175: The name is worded as follows: " Article 175. The procedure for dealing with the application for exemption from serving a sentence and for the replacement of the unserved part of punishment with a more lenient penalty "; parts one to third sentence in the next editions: " 1. The convicted person who may be released on parole and his lawyer (legal representative) may apply to the court for parole from serving his sentence. The application must contain information indicating that, for further correction, the convicted person does not need to be fully served by a sentence imposed by the court, as he has partially or fully reimbursed him while serving his sentence (a) The damage caused by the offence, the damage caused by the offence, the remorse of the act committed, and may also contain other information showing the correction of the convicted person. An application for release on parole shall be submitted through the administration of the penal institution or body. 2. The administration of the institution or body executing the sentence shall, not later than 10 days after the application of the sentenced person for parole, shall submit the application together with the characteristic to the court. Convicted. The description shall contain data on the behaviour of the convicted person, his attitude to study and work during the serving of the sentence, the attitude of the sentenced person to the act committed, as well as the conclusion of the administration on the expediency of the parole period. release. 3. With regard to the positive person convicted, the unserved part of the sentence may be commuted to a more lenient form of punishment, the institution or body that performs the sentence, makes a provision to the court to replace the unserved part of the sentence a mild form of punishment. In the presentation on the replacement of the unserved part of the sentence, the more lenient form of punishment should contain data on the behaviour of the convicted person, his attitude to study and work during the serving of the sentence, the attitude of the convicted person to the act committed. "; parts 10 to 12 should be restated as follows: " 10. In the event of a non-parole or replacement of the unserved part of the sentence with a more lenient form of punishment, the resubmission of the application or the submission may take place no earlier than Six months from the date of the court's decision to refuse. If the court refuses to release the sentenced person to life imprisonment, the application may be resubmitted no earlier than three years from the date of the court's refusal. 11. The refusal of the court to obtain parole from serving the sentence does not preclude the introduction of a more lenient view of the replacement of the unserved part of the sentence. 12. Part-time released and sentenced to restriction of liberty in order to replace the unserved part of the sentence with a more lenient form of punishment, if they were sent to the correctional facilities in the cases provided for by law, may be returned to A request for parole from serving a sentence or to replace the unserved part of the sentence with a lighter form of punishment not earlier than one year from the date of the determination to cancel the parole period Exemption or replacement of a more lenient form of punishment with imprisonment. "; Article 176 should read as follows: " Article 176. The procedure for dealing with a petition for pardon The convicted man has the right to apply to the President of the Russian Federation for clemency. A request for pardon shall be submitted through the administration of the institution or body which performs the sentence. "; 61) of article 180, paragraph 1, after the words" imprisonment "shall be supplemented by the words" and, in the case of persons sentenced to deprivation of liberty, For a period of up to six months after the entry into force of the judgement "; 62), annex 1 shall be declared null and void. Article 3 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly of the Russian Federation) Federation, 2002, N 1, article 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295, 4298; 2003, N 27, sect. 2700, 2708, 2717; Parliamentary newspaper, 2003, 15 November) the following changes and additions: 1) Article 3.5 part 1, supplemented by the words "or the sum of the outstanding administrative fine"; (2) in article 6.8: read: "Article 6.8 Illegal trafficking in narcotic drugs, psychotropic substances or their analogues"; paragraph 1 should read: " Illegal drug Purchasing, storing, transporting, manufacturing, processing without marketing of narcotic drugs, psychotropic substances or their analogues-"; paragraph 2 should be supplemented by words" or administrative arrest for up to 15 days "; 3) paragraph 2 of article 7.27 to add to the words" or administrative arrest for up to 15 days "; 4) in article 14.7: first after the words" trade (services), "add" as well as citizens working for individual entrepreneurs "; in the second paragraph of" 5 to 10 "shall be replaced by the words" 10 to 20 "; 5) in part 1 of the article 19.15 The words "Living or staying" shall be replaced by the words "Living by residence or place of residence"; 6) article 20.1, as follows: " Article 20.1. Minor hooliganism 1. Minor hooliganism, that is, a breach of the public order that expresses manifest disrespect to society, accompanied by uncensor brunch in public places, abusive soliciting to citizens, and the destruction or damage to the alien property,- shall entail an administrative fine ranging from five to ten times the minimum wage or administrative arrest for up to 15 days. 2. The same acts, which involve disobedience to the legitimate demand of a representative of the authority or other person acting as the protection of public order or the disruption of public order,- An administrative fine of between ten and twenty five times the minimum wage or administrative detention for up to 15 days. "; 7) article 20.25, as follows:" Article 20.25. Failure to pay an administrative fine, or arbitrarily abandonment of the place of service Administrative arrest 1. Failure to pay an administrative fine within the time limit provided for in this Code- shall result in an administrative fine in double the amount of the unpaid administrative fine or administrative arrest for up to 15 24 hours. 2. Abandonment of post of administrative arrest- is an administrative arrest for up to 15 days. "; 8) part 1 of Article 23.1 after the digits" 6.2, "to be supplemented with" 6.8, "; 9) in Article 23.3: in part 1 of the figure "6.8," delete; in part 2: in paragraph 1 of the figure "6.8," delete; in paragraph 2 of the figure "19.15," delete; 10) in Part 1 of Article 23.63 numbers "6.8," delete; 11) Article 27.2, part 3, to be supplemented with the following sentence: " Copy of The protocol of delivery shall be given to the person delivered at his request. "; 12) Part 2 of Article 27.4 add the following sentence:" A copy of the administrative detention protocol shall be given to the detained person upon his request. "; 13) in article 27.7: in Part 4, the words "which may be used to harm the life and health of others" should be replaced by the words "used as a weapon"; Part 8, add the following sentence: contents: " A copy of the personal inspection report, the inspection of the items under examination A physical person shall be handed over to the owner of the items examined, at his request. "; 14) Part 6 of Article 27.8, to be supplemented with the following sentence:" A copy of the inspection report of the legal person or individual The employer of the premises, the territories and the belongings and documents therein shall be served to the legal representative of a legal person or to another representative, an individual entrepreneor or his representative. "; 15) Part 8 of Article 27.9 add the following sentence: " Copy of the inspection report The vehicle is given to the person who is in possession of the vehicle subject to inspection. "; 16) in Part 6 of Article 28.2 of the word" at their request " delete; 17) in Part 2 of Article 28.3: 1 digit "6.6, 6.7, 6.9-6.14" replace "6.6-6.14"; paragraph 83 after the words "6.8"; 18) in article 32.2: parts 4 and 5, amend to read: class="ed"> (expandable-Federal Law dated 24.07.2007 N 210-FZ) 5. In the absence of a document showing the payment of an administrative fine, after thirty days from the date specified in part 1 of this article, the judge, the authority, the official who made the decision shall send the relevant materials to the bailiff to recover the amount of the administrative fine in the manner prescribed by federal law. In addition, the judge, the authority, the official who issued the decree shall decide whether to bring a person who has not paid an administrative fine to administrative liability under article 20.25, part 1. "; parts 6 and 7 To be lost. Article 4 (Unused-Federal Law of 07.02.2011 N 3-FZ) Article 5 Part Four of Article 38 of the Law of the Russian Federation of 21 July 1993 No. 5473-I " OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3613; 2001, N 11, 100. 1002) to supplement paragraph 8 with the following: "8) members of public monitoring commissions created in accordance with the laws of the Russian Federation.". Article 6 class="?dolink "href=" ?docbody= &prevDoc= 102084533&backlink=1 & &nd=102036506" target="contents"> dated July 15, 1995 N 103-FZ "On the detention of suspects and accused persons" (Legislative Assembly of the Russian Federation Federation, 1995, No. 29, Art. 2759; 1998, N 30, sect. 3613; 2001, N 11, 100. 1002; 2003, N 1, est. 2; N 27, est. 2700) The following changes and additions: 1) of Article 1 and 2 to read: " Article 1. The purposes of this Federal Law This Federal Law regulates and determines the conditions of detention, the guarantee of the rights and lawful interests of persons who are in accordance with the Code of Criminal Procedure of the Russian Federation. The Russian Federation has been detained on suspicion of committing a crime, as well as persons suspected or accused of committing crimes for which a preventive measure in the form of a preventive measure was chosen in accordance with the Code of Criminal Procedure of the Russian Federation. remand in custody. Article 2. Basic concepts For the purposes of this Federal Act, the following basic concepts are used: suspect and accused person-persons under the Code of Criminal Procedure of the Russian Federation The Federation has been detained on suspicion of committing a crime or for which a preventive measure in the form of detention has been chosen. "; 2) in articles 3, 5, 7, 9-11, 14, 15, 17, 21, 24, 28 and 29, the word" RSFSR "is replaced by the words" Russian Federation ". Russian Federation "; (3) Article 4 after the word" legality " In the words "justice, presumption of innocence,"; 4) in articles 5, 8 to 10, 17, the word "applied" should be replaced by the word "elected"; 5) Part Two, paragraph 6, add the following: " 6) to paid Telephone calls, subject to the availability of technical capabilities and under the control of the administration, with the permission of the person or body in the case of the criminal case or the court. The organization of telephone calls is defined by the federal executive authority responsible for holding the place of custody. "; 6), paragraph 1 of article 18 should read as follows: " Suspects and accused persons are provided with counsel from the moment of actual detention. Visits shall be granted in private and in private without restriction of their number and duration, except in the cases provided for in the Code of Criminal Procedure of the Russian Federation. Visits are made to counsel upon presentation of a lawyer's certificate and a warrant. The lawyer of other documents is prohibited from being shot. If another person participates as a defence counsel, the person shall be allowed to visit him upon presentation of a relevant court ruling or order, as well as a document certifying his or her identity. "; 7) in article 21: Part The second after the words "suspects and accused persons" are supplemented by the words "the Commissioner for Human Rights in the Russian Federation, the Ombudsman in the constituent entities of the Russian Federation, the European Court of Human Rights,"; and Sixth, add the following sentence: " At the request of Suspects and accused persons at the expense of their administration of the place of detention makes a copy of the answer and hand it over. "; to add a new part to the seventh reading: " Responses to oral statements Suspects and accused persons are declared to them within 24 hours. In the case of an additional check, the response shall be given within five days. The answer to the written complaint to the administration must be given within 10 days. "; part seven is considered part eight; 8) in article 23: Part three should read: " Suspects and accused persons are provided with bedding, utensils and cutlery, toilet paper, toilet paper and at their request if they do not have the necessary personal hygiene equipment in their personal accounts (at least soap, toothbrush, toothpaste (tooth paste), disposable razor (for men), tools Personal hygiene (for women). "; Part Four to supplement the new second sentence reading:" According to the statement of the suspect and the accused, radio broadcasting in the cell may be suspended or the schedule of auditions is set Radio broadcasts. "; 9) in article 24: Part three, as follows: " In the event of a deterioration in the state of health, or in the event that a suspect or an accused person is injured, his or her medical condition Inspection of medical personnel of places of detention Immediately. The results of the medical examination shall be recorded in the prescribed manner and shall be communicated to the suspect or the accused. At the request of suspects or accused persons or their defence counsel, they are provided with a copy of the medical report. According to the decision of the head of the place of detention or of the person or body in the criminal case, or at the request of the suspect or accused person or his or her counsel, the medical examination shall be carried out by workers of other persons. Medical facilities. Refusal to conduct such an examination may be appealed against by the procurator or the court. "; Part Four, after the words" not in demand ", should be supplemented by the words" within thirty days "; 10) part three of article 25, The following wording: "The administration of the place of detention shall receive medical supplies for suspects and accused persons recommended by the doctor."; 11) in paragraph 1, third paragraph 1 of article 33 of the words ", "Replace" with "(a) in the form of a"; " Part 3 of article 39 should read: " A written explanation shall be taken from the suspect or the accused. Persons unable to provide a written explanation shall be assisted by the administration. In the event of refusal to explain this, an act is made. "; 13) in Part 4 of Article 40," Thirty Minutes ", replace" one hour "; 14) in article 48: Part One after the words "mass riots" to be supplemented with the words ", the taking of hostages and other terrorist acts"; Part three, after the word "notification", add the words "depending on the subordination of the place of detention" to the words ", and of the corresponding prosecutor "; 15) in the third article 50 words "or a communication about this decision", after the words "detention", insert "immediately"; 16) in article 51, paragraph 1, of the words "the law of the Russian Federation" should be replaced with the words "Federal Act", supplemented by the words " (in of the Federal Act of 17 November 1995 No. 168-FZ) ". Article 7. 02.10.2007 N 229-FZ) Article 8 Federal Law of 13 June 1996 No. 64-FZ " On the enactment of the Penal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2955; 1997, N 1, est. 2; 2002, N 2, est. 130. To supplement article 8 as follows: Article 8. The draft federal laws on amendments and additions to the Criminal Code of the Russian Federation may be submitted to the State Duma of the Federal Assembly of the Russian Federation only if official comments of the Government of the Russian Federation are available. Federation and Supreme Court of the Russian Federation. ". Article 9 Admit invalid: 1) Paragraph 10 of Article 3 of the Federal Law dated March 9, 2001 N 25-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2001, N 11, sect. 1002); 2) paragraphs 2 and 3 of Article 1 of the Federal Law of 19 June 2001 N 85-FZ " On adding and amending article 24 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2589); 3) Article 1, paragraph 7, of the Federal Law of 29 May 2002, No. 58-FZ " On introducing amendments and additions to the Criminal Procedure Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2027); 4) paragraphs 2 and 3 of Article 1 of the Federal Law of June 11, 2003 N 75-FZ " On introducing amendments and additions to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2,250). Article 10 1. This Federal Act shall enter into force on the date of its official publication, with the exception of the fourth paragraph of paragraph 3, paragraph 3, paragraph 3, of the sixth, eighth, eleventh, eleventh, fourteenth paragraph 9, article 1, paragraph 2, of article 2 of this Federal Law. 2. Paragraph 3, paragraph 3, paragraph 3, paragraph 8, paragraphs 6, 8, 11, 14, paragraph 9, of article 1, paragraph 2, of article 2, paragraph 2, of this Federal Law shall enter into force after five months from the date of its official of publication. (In the wording of the Federal Law of 11.03.2004) N 12-FZ) President of the Russian Federation Vladimir Putin Moscow, Kremlin 8 December 2003 N 161-FZ