RUSSIAN FEDERATION
FEDERAL LAW On Amendments and Additions to the Federal Law "On the fundamentals of the system for the prevention of child neglect and juvenile delinquency", and Other Russian legislative acts adopted by the State Duma on June 18, 2003 Federal laws dated 07.02.2011 N 3-FZ; of 30.12.2012 N319-FZ Article 1. Enact in the Federal Law of June 24, 1999 N 120-FZ "On the basics of the system for the prevention of child neglect and juvenile delinquency" (Parliament) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3177; 2001, N 3, sect. (216) the following changes and additions: 1. In article 1: add a second paragraph to the second reading: "a minor is under eighteen years of age;"; in paragraph 4 of the word "under the age of eighteen" should be deleted; to supplement the new paragraph 5 with the following: " Anti-social action by a minor, through the systematic use of narcotic drugs, psychotropic and (or) odourning substances, alcohol or drink, prostitution, vagrancy, or Begging, as well as other acts that violate the rights and legitimate interests of other persons; ". 2. In article 2, paragraph 2, the words "correction of minors" should be replaced by "minor". 3. Article 5, paragraph 1 (8), should read: " 8. as a result of the mental retardation that is not related to mental disorder; ". 4. In article 8: in paragraph 2: in the first paragraph, replace "contained" by "those"; paragraph 2 should read as follows: " Notification to parents or legal representatives of the premises The juvenile is a minor in the establishment of a system for the prevention of child neglect and juvenile delinquency. If there is information about the place of residence or the place of residence of the parents or legal representatives, information about the placement of the minor in the institution must be sent to them within 12 hours of the date of the minor's premises and in the absence of such information. The notification of the parents or legal representatives of the said notification within three days of the placement of the minor is sent to the tutorship and guardianship agency at his last place of residence; "; to add a new paragraph third content: " Get information about the goals of your In the third paragraph of the paragraph, the third word "as well as the" delete; , paragraph 7, of the Russian Federation. Replace the words "of the Russian Federation"; with the following paragraph: " Provision of free legal aid, with the participation of lawyers, as well as other persons entitled to provide legal aid in accordance with With the law. " 5. Supplement Article 8-1 as follows: " Article 8-1. The application of penalties in the institutions of the system for the prevention of child neglect and juvenile delinquency
1. For violations of the established procedure for the detention of minors in need of social rehabilitation in special educational institutions of the open and closed types of educational administration, and Juvenile detention centres for juvenile offenders may be subject to the following penalties: reprimanded; reprimanded; 2. The following penalties may also be applied to minors who are in special educational and educational institutions of an open and closed type of educational administration: message to parents or legal representatives; Exception to the special educational institution of the open type of educational administration, based on the decision of the commission on minors ' affairs and protection of their rights, established by the local government body, The location of the institution. 3. The procedure for the enforcement of measures against minors is governed by the relevant legal instruments regulating the activities of the institutions of the system for the prevention of child neglect and juvenile delinquency. 4. Minors are not allowed: use of physical and psychological violence; application of measures without regard to the age of minors; the use of anti-pedagogical measures character, degrading of human dignity; limiting the contact of minors with parents or legal representatives or depriving minors of contact with their parents or legal representatives; { \b } { \b } { \b } { \b In article 13: in paragraph 3: , in the first paragraph, replace "premises" with the word "reception"; in subparagraph 4 replace "arrest or conviction" with the words " administrative arrest, detention, conviction of Arrest, restriction of liberty, deprivation of liberty "; in subparagraph 5: in the first word of" accommodation ", replace" reception "; in the second word" placed "; replace" adopted "; paragraph 2 Paragraph 4, amend to read: " Minor, adopted "On the basis of a personal statement to a specialized institution for minors in need of social rehabilitation, it is entitled to leave on the basis of a personal statement."; in paragraph 5, subparagraph 4, of the word " premises Minors in these institutions "shall be replaced by the words" the presence of minors in these institutions ". 7. In article 14, paragraph 1, subparagraph 2, paragraph 1 should be amended to read: " (2) take measures to develop the network of special educational institutions of open and closed types of educational administration, educational institutions and educational establishments. Institutions for orphans and children deprived of parental care, as well as other educational institutions providing pedagogical and other assistance to minors who have a developmental or behavioural disorder; "; , paragraph 2 of the word " Educational institutions (basic general, Secondary (full) general education) "shall be replaced by the words" general education institutions "; , in paragraph 3, replace the words" Children's homes and boarding schools "with the words" Educational institutions ". 8. In article 15: paragraph 7 should read: " 7. A minor may be placed in a special educational institution of a closed type until he or she reaches the age of eighteen, but not for more than three years. Early termination of a minor's stay in a special educational institution of closed type or the transfer to another special educational institution of the closed type on the grounds provided for in subparagraph 4 Paragraph 9 of this article shall be carried out by order of the judge at the place where the institution is located on the basis of a joint submission to the administration of the institution and the commission for the affairs of minors and the protection of their rights by the local authority. Self-governance, institution or authority A request by a minor, his parents or legal representatives, provided that the administration of the institution and the commission for the affairs of minors and the protection of their rights, established by a local government body, are held at the place of residence agencies. Extension of the period of stay of the minor in a special educational institution of a closed type after the expiry of the period fixed by the court, if necessary for the completion of general education or vocational training is carried out by order of the judge at the place where the institution is located only on the basis of a minor's request. "; in paragraph 9, subparagraph 4: the first paragraph after the word" submissions "should be supplemented with the words" or conclusions "; second sentence should be supplemented with the words "and rehabilitation"; Paragraph 3 is supplemented by the words "or if they have been diagnosed with diseases that impede the maintenance and training of minors in special educational institutions of the closed type"; in paragraph 4 of the word "learning" Replace "general education or training"; in paragraph 10: in subparagraph 1: Replace the word "act" with "act."; Federal law dated 30.12.2012 N 319-FZ (Paragraph 15 is no more effective-Federal Law of 30.12.2012 N319-FZ) (2), after the word "cases", add "when other measures do not result,". 9. In article 18, paragraph 1: , subparagraph 2, after the word "providing", should be supplemented with the words "drug abuse and"; (3), after the word "content", insert the words "in treatment and prevention facilities". 10. Article 20 should read as follows: " Article 20. The internal affairs agencies Internal affairs agencies shall, within the limits of their competence, carry out activities for the prevention of juvenile offences in accordance with the legislation of the Russian Federation. ". 11. In article 21: , in paragraph 1 of paragraph 1, the words "temporary isolation centres" should be replaced by the words "centres of temporary confinement"; , in paragraph 2, subparagraph 2, of the word "street", replace the word "street" with the words "street children". The following information is provided: " Each case of a minor who has been brought before the internal affairs unit is a protocol. Minors may be held in specified units for a period not exceeding three hours; ". 12. In article 22: , in the name and paragraph of first paragraph 1, replace the words "Temporary isolation centres" by "Temporary detention centres"; , paragraph 2: , in the first paragraph of the word "Temporary Isolation Centres", replace In the words "Temporary detention centres"; , in subparagraph 4, the word "or" should be replaced by the words "or if", supplemented by the words ", or if they live in the territory of the constituent entity of the Russian Federation where they have committed a socially dangerous act, However, because of the remoteness of their place of residence, they cannot be handed over to their parents or to the legal representatives for the period provided for in article 21, paragraph 2, subparagraph 1, of this Federal Law; to supplement the new subparagraph 5 with the following sentence: " 5) Perpacts with an entailing Administrative liability, until the age of administrative responsibility is reached, in cases where the minors are not identified, or if they do not have a place of residence, place of residence or do not reside in OF THE PRESIDENT OF THE RUSSIAN FEDERATION If they live in the territory of the constituent entity of the Russian Federation, where they have committed an offence, they cannot be transferred to their parents or legal representatives for the duration of the offence. Under article 21, paragraph 2, subparagraph 1, of this Federal Law; "; , subparagraph 5 (5), consider subparagraph 6 and the word" or "to be replaced by", or if "by the words", or if they live in the territory of the entity ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION Remoteness of their place of residence cannot be transferred to the parents or legal representatives within the time limit stipulated in paragraph 2 (1) of this Federal Law; in paragraph 3: in the first paragraph of the paragraph "in temporary isolation centres" to be replaced by the words "in temporary detention centres"; Subparagraph 2 should read as follows: " (2) The judge's order against minors referred to in paragraphs 2 to 6 of paragraph 2 of this article. Articles. "; paragraphs 4 and 5 should be redrafted to read: " 4. Minors referred to in paragraphs 3 to 6 of paragraph 2 of this article may be placed in temporary holding centres for juvenile offenders of the internal affairs agencies for a period of not more than 48 hours by order of the superior. The district, municipal department (office) of internal affairs, the internal affairs department of the other municipal entity, the internal affairs division (management) of the internal affairs of the closed administrative-territorial entity, the division (management) of internal affairs on the or his deputy, the chief of the police The security or operational duty of the relevant internal affairs authority. The materials for minors referred to in paragraphs 3 to 6 of paragraph 2 of this article shall be submitted to the judge in order and within the time limit set by article 31 to 1 of this Federal Act, in order to decide on the future content or on the release of minors. 5. The head of the temporary detention centre for juvenile offenders of the internal affairs authority, or his or her deputy, shall notify the public prosecutor of the place of residence of the centre within 24 hours. In paragraphs 6, 7 and 8 of the words "centre of temporary isolation", replace "centre of temporary content" with "centre of temporary content". 13. In article 23, paragraph 1, subparagraph 5, replace the words "temporary isolation centres" with "temporary holding centres". 14. In article 24: , after the word "institutions", add "public associations,"; in paragraph 1, subparagraph 2, of the words "temporary isolation centres" should be replaced by the words "centres of temporary detention"; add the following paragraph 4: " 4. Public associations take part in the prevention of child neglect and juvenile delinquency in accordance with the laws of the Russian Federation and the statutes of these associations. ". 15. In the first paragraph of article 26, paragraph 6, the words "centre of temporary isolation" should be replaced by "centre of time". 16. In article 27, paragraph 3, after the word "counsel", add the words "to have a representative,". 17. In article 28: first sentence of paragraph 3 to supplement the words ", explains their procedural rights and obligations"; in paragraph 5: sub-paragraph 1 is supplemented with the words " and to place it in a temporary detention centre for juvenile offenders of the internal affairs authority for the time necessary for the delivery of a minor to a specified institution "; (3) shall be deleted; (4) read as subparagraph 3; in sub-paragraph 2 Paragraph 6 of the words "in the centre of temporary isolation" shall be replaced by the words " at the centre of the provisional of content ". 18. In article 31: , in subparagraph 1, the words "centre of temporary isolation" should be replaced by the words "centre of time"; , subparagraph 4, after the word "corrections", insert the words "and rehabilitation". 19. Add Chapter III-1 as follows: " CHAPTER III-1. CONSIDERATION OF THE IMPROVEMENT OF THE IMPROVEMENT OF THE TEMPORARY CONTEMPORARY CONTAINER IN THE CENTRE FOR THE TEMPORARY CONTAINER OF AUTHORITIES OF INTERNAL SECTION Article 31 (1). Procedures for the preparation of material on the placement of minors in temporary detention centres for juvenile offenders Internal Affairs 1. Ordinance on the placement of minors referred to in article 22, paragraphs 3-6, paragraph 2, of this Federal Act, in the temporary holding centres for juvenile offenders of the internal affairs agencies and materials in respect of Minors confirming the validity of the placement of minors in the centres (hereinafter referred to as materials) are referred to the court by the head of the internal affairs authority or his deputy at the place of detention of the minor at least 24 hours before the expiry of the period of stay of minors in detention centres For juvenile offenders of the internal affairs agencies referred to in article 22, paragraph 4, of this Federal Act. 2. The material must contain: sufficient evidence of the commission of a socially dangerous act by a minor under the age of criminal responsibility for these acts, or of an offence involving an administrative offence. Liability or self-abandonment from a special educational institution of a closed nature; an indication of the purpose and motives for placing a minor in a temporary detention centre for juvenile offenders cases; evidence of the need for security To protect the life or health of the minor or to prevent the commission of a resocially dangerous act. Article 31-2. The procedure and timing for the consideration of materials on the placement of minors in temporary holding centres for the juvenile offenders of the internal affairs agencies 1. The material referred to the court shall be made available to the minor, his or her parents or legal representatives or the representative of the tutelage and guardianship authority. A lawyer, a legal representative of a minor, as well as a person entitled to provide legal assistance in accordance with the law, may participate in the provision of legal aid. The authority of a lawyer shall be certified by a warrant issued by the respective counsel. The authority of another person providing legal assistance shall be authenticated by a power of attorney in accordance with the law. 2. The materials relating to minors referred to in article 22, paragraph 2, subparagraphs 3 to 6, of this Federal Act are considered by the place of their detention by a single judge within 24 hours of the submission of these materials by the organ The internal affairs, but not later than the expiry of the period specified in article 22, paragraph 4, of this Federal Act. The minor, his or her parents or legal representatives, a lawyer, a prosecutor, representatives of the temporary holding centre for juvenile offenders of the internal affairs authority participate in the consideration of the materials. Representatives of the commission for minors ' affairs and the protection of their rights, formed by the local government agency, and the tutorship and guardianship agency may also take part in the examination of the materials. 3. As a result of the review of the material referred to in paragraph 2 of this article, the judge shall rule: 1) on the placement of a minor in a temporary holding centre for juvenile offenders of the internal affairs authority; (2) denying the request for the placement of a minor in the juvenile detention centre for juvenile offenders. 4. The order of the judge specifies: the name of the court, the name, surname, patronymic of the judge who issued the decree, the date and place of its issuance, the identity of the minor, the persons involved in the examination of the materials referred to in the paragraph 2 of this article; the purpose and grounds for the placement or refusal of a minor to be placed in a remand centre for juvenile offenders of the internal affairs agencies and other circumstances established during the course of the examination of these materials. 5. The order of the judge shall be brought to the attention of the minor and other persons involved in the examination of the materials referred to in paragraph 2 of this article by reading it. A copy of the order shall be handed over to the minor, his parents or legal representatives not later than three days from the date of its issuance, with an explanation of the procedure for appealing the order. Article 31-3. Appeal, protest and execution of the
judge's order 1. A decision of a judge may be appealed and contested in the manner provided for in article 30 of this Federal Act. 2. A copy of the judge's order is sent for execution to the internal affairs authority. ". Article 2. Amend the Criminal Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954; 2001, N 11, 1002) the following changes and additions: 1. In article 92: parts two and three, amend to read: " 2. A minor sentenced to deprivation of liberty for an offence of moderate severity may be released by the court from punishment and placed in a special educational institution of the closed type of educational administration. Placement in a special educational institution of a closed type is used as a coercive measure of educational influence with a view to correcting a minor in need of special conditions of upbringing and training and requiring special education. pedagogical approach. A minor may be placed in a designated institution until he or she reaches the age of eighteen, but not more than three years. 3. A stay of a minor in a special educational institution of a closed type shall be terminated before the expiry of the period fixed by the court if the court is determined that the minor does not need to apply the measure. "; add a fourth of the following: " 4. An extension of the period of stay of a minor in a special educational institution of a closed type shall be permitted only at the request of the minor, if necessary for general or vocational training. " 2. In article 96, replace the words "educational or treatment institution for minors" with the words "educational institution of the closed type of educational authority". Article 3. Article 43-2 of the Criminal Procedure Code of the Russian Federation (Parliament of the Russian Federation, 2001, N 52, art. 4921) The following changes: name to read: " Article 43-2. Exemption by a juvenile court of a minor of a defendant from punishment using
coercive measures or referral to a special closed educational institution , in part two of the phrase "in a specialized agency for minors", replace the words "in a special educational institution of the closed type of government" education "; part three of the The specialized agency for minors "shall be replaced by the words" in the special educational institution of the educational institution of the closed type "; of the fourth part, sixth, to read: " 4. An extension of the period of stay of a juvenile convicted in a special educational institution of a closed type is permitted only at the request of a juvenile convicted person if he or he needs to complete the general education or Training. The termination of the juvenile offender's stay in a special educational institution of the closed type or the transfer to another special educational institution of the closed type shall be carried out on the basis of the administration's submission. of the said institution and commissions for the affairs of minors and the protection of their rights, established by the local authorities, at the place of residence of the said institution, or at the request of a minor convicted person, his parents or legal persons Representatives. The question of the extension or the termination of the length of stay of a juvenile offender in a special educational institution of a closed type or transfer to another special educational and educational institution of the closed type shall be considered. Single judge of the district court at the place of residence of the said institution within 10 days of the receipt of the application or submission. 5. The hearing is attended by a juvenile convicted person, his or her parents or legal representatives, a lawyer, a procurator, a special educational institution of a closed type and a commission for the affairs of minors and the protection of their rights; by the local government agency, at the place of residence of the said institution. 6. The court session investigates the conclusion of the administration of the special educational and educational institution of the closed type and the commission for minors ' affairs and the protection of their rights, formed by the local government body, at the location of the said institutions, hear the views of the persons involved in the case. " Article 4. (Spconsumed by Federal Law of 07.02.2011) N 3-FZ) Article 5. This law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 7 July 2003 N 111FZ
