On Amendments And Additions To The Federal Law On Fundamentals Of The System For Prevention Of Neglect And Juvenile Delinquency "and Other Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Федеральный закон "Об основах системы профилактики безнадзорности и правонарушений несовершеннолетних" и другие законодательные акты Российской Федерации

Read the untranslated law here: https://www.global-regulation.com/law/russia/2943024/--------%2522-------%2522------.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law on fundamentals of the system for prevention of neglect and juvenile delinquency "and other legislative acts of the Russian Federation adopted by the State Duma on June 18, 2003 the year approved by the Federation Council June 26, 2003 year (as amended by the federal laws on Sept. 2, N-3 FZ;
from 30.12.2012 N 319-FZ), Article 1. To amend the Federal law dated June 24, 1999 N 120-FZ "on fundamentals of the system for prevention of neglect and juvenile delinquency" (collection of laws of the Russian Federation, 1999, N 26, art. 3177; 2001, no. 3, art. 216) the following amendments and supplements: 1. Article 1: to complement the new second paragraph to read as follows: "a minor is a person under the age of eighteen years";
in the fourth paragraph, the words "under the age of eighteen years" should be deleted;
to complement the new fifth paragraph to read as follows: "anti-social actions-actions to be minor in terms of the systematic use of narcotic drugs, psychotropic substances and (or) intoxication, alcohol, prostitution, vagrancy or begging, as well as other acts which violate the rights and lawful interests of other persons."
2. in paragraph 2 of article 2 the words "remedy" should be replaced by the word "minor".
3. subparagraph 8 of paragraph 1 of article 5 shall be amended as follows: "8) have committed a socially dangerous act and are not subject to criminal liability in connection with the unattainability of the age of criminal responsibility, or as a result of the backlog mental development not associated with mental disorder;".
4. In article 8 paragraph 2: in the first paragraph, the word "contained" should be replaced by the word "are";
second paragraph worded as follows: "notification of parents or legal representatives about the placement in institution system of prevention of neglect and juvenile crime. If there is information on the place of residence or seat of the parents or legal representatives the information specified on the placement in an institution must be sent over the 12:00 since its premise, and in the absence of information about the parents or legal representatives specified notice within three days from the moment the premises of a minor shall be forwarded to the Agency of guardianship and curatorship at his last place of residence; ";
to complement the new third subparagraph to read: "to obtain information about his stay in the establishment of a system of prevention of neglect and juvenile crime, rights and responsibilities, the basic rules governing internal rules of this institution";
in the third paragraph, the words "as well as" should be deleted;
in the seventh paragraph, the words "of the Russian Federation." replace the words "Russian Federation";
supplemented by a paragraph reading as follows: "provision of free legal aid with the participation of lawyers and other persons entitled to legal assistance in accordance with the law.".
5. Supplement article 8-1 as follows: "article 8-1. The application of penalties in the institutions of the system for prevention of neglect and juvenile crime 1. For violations of the established order of the content in specialized institutions for juveniles needing social rehabilitation in special educational establishments open and closed education authorities and detention centres for juvenile offenders in internal affairs bodies to minors can be applied the following penalties: warning;
a reprimand;
a severe reprimand.
2. For juveniles in special educational establishments open and closed education authorities may also be applied the following penalties: message parents or legal representatives;
the exclusion of special re-education and training institutions of the open type education management body on the basis of the decision of the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location specified by the Agency.
3. The procedure for the application of penalties to minors is defined by relevant normative legal documents regulating the activities of the agencies of the system for prevention of neglect and juvenile crime.
4. In relation to minors not allowed: the use of physical or mental violence;
application of measures without taking into account the age of minors;
the application of measures of an antipedagogicheskij nature, degrading;
limiting contacts with the parents or legal representatives of minors or deprivation of contact with the parents or legal representatives;
decrease in nutritional standards;
deprivation. ".
6. Article 13: paragraph 3: in the first paragraph, the word "premises" should be replaced by the word "reception";
in subparagraph 4, the words "arrest or conviction" should be replaced by the words "administrative arrest, detention, condemnation of the arrest, restriction of liberty, deprivation of liberty;

in subparagraph 5: in the first paragraph, the word "premises" should be replaced by the word "reception";
in paragraph two, the word "put" replaced by the word "adopted";
second paragraph of item 4 shall be amended as follows: "minor, adopted on the basis of personal resignation in a specialized institution for juveniles needing social rehabilitation, has the right to leave him on the basis of personal resignation.";
in subparagraph 4 of paragraph 5, the words "the premises of minors in these agencies" were replaced by "finding minors in these institutions".
7. In article 14: sub-paragraph 2 of paragraph 1 shall be amended as follows: "2), implementing measures on the development of a network of special educational institutions open and closed education authorities, educational institutions for orphans and children deprived of parental care, as well as other educational institutions providing educational and other assistance to minors with developmental or behaviour";
in paragraph 2 the words "educational institutions (primary General, basic general, secondary (full) general education)" were replaced by the words "educational institutions of general education";
in paragraph 3 the words "children's homes and residential schools" were replaced by the words "educational institutions".
8. In article 15, paragraph 7 shall be amended as follows: "7. a juvenile may be sent in special re-education and training institutions of the closed type until the child reaches the age of eighteen years, but not more than three years.
Early termination of the stay of the minor in a special educational institution of the closed type, or transfer to another special re-education and training institutions of the closed type in accordance with subparagraph 4 of paragraph 9 of this article shall be carried out by order of the judge of the place of establishment on the basis of a joint submission to the administration of the institution and the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location of the institution or on the motion of a minor his parents or legal representatives, provided the administration of the institution and the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location of the institution.
Extension of stay of the minor in a special educational institution of the closed type upon expiry of the term set by the Court, if necessary completed his general education or vocational training is carried out by order of the judge of the place where the institution only on the basis of a petition of a minor. ";
in subparagraph 4 of paragraph 9: the first paragraph after the word "view" add the words "or opinions";
second paragraph add the words "and rehabilitation";
third paragraph add the words "or if they have identified the disease, preventing maintenance and training of juveniles in special educational institutions";
in the fourth paragraph the word "education" should be replaced by the words "general education or training ';
in paragraph 10 subparagraph 1: the word "Act" should be replaced by the word "Act".
(Fourteenth Paragraph repealed Federal Act from 30.12.2012 N 319-FZ)
(Fifteenth Paragraph repealed Federal Act from 30.12.2012 N 319-FZ) subparagraph 2, after the word "cases", add the words "when other measures have failed,".
9. In article 18, paragraph 1: sub-paragraph 2, after the word "providing" add the words "and admitted";
3 subparagraph after the word "content" add the words "in hospitals.
10. Article 20 shall be amended as follows: "article 20. The internal affairs agencies of Internal Affairs Bodies within its competence operate on juvenile crime prevention in accordance with the legislation of the Russian Federation. "
11. Article 21: in subparagraph 5 of paragraph 1 the words "centres for temporary isolation" should be replaced by the words "detention centres";
in subparagraph 1 of paragraph 2 the word "Street" replaced by "Street.", to complement the proposals as follows: "each case bringing a minor Division of internal affairs agencies shall develop a protocol. Minors may be contained in specified units of no more than three hours; ".
12. In article 22: the name and the first subparagraph of paragraph 1 the words "centres for temporary isolation" should be replaced by the words "detention centres";
paragraph 2: in the first paragraph, the words "in centres for temporary isolation" should be replaced by the words "detention centres";
in subparagraph 4, the word "or" should be replaced by the words ", or if", add the words "or if they reside on the territory of the Russian Federation, where they have committed a socially dangerous act, however, owing to the remoteness of their homes may not be handed over to the parents or legal representatives within the period stipulated in subparagraph 1 of paragraph 2 of article 21 hereof;"
to complement the new subparagraph 5 as follows:

"5) commit an offence entailing administrative responsibility, before reaching the age of administrative liability, in cases where the identity of minors are not installed, or if they have no residence, seat or do not reside in the territory of the Russian Federation, where it was committed or if they reside on the territory of the Russian Federation, where they were committed, however, owing to the remoteness of their homes may not be handed over to the parents or legal representatives for the term provided for in subparagraph 1 of paragraph 2 of article 21 hereof; ";
subparagraph 5 considered subparagraph 6 and the word "or" should be replaced by the words ", or if", add the words "or if they reside on the territory of the Russian Federation, where they were committed, however, owing to the remoteness of their homes may not be handed over to the parents or legal representatives within the period stipulated in subparagraph 1 of paragraph 2 of article 21 hereof;"
in paragraph 3: in the first paragraph, the words "in centres for temporary isolation" should be replaced by the words "detention centres";
subparagraph 2 shall be amended as follows: "2) ruling on juvenile judges specified in subparagraphs 2-6 of paragraph 2 of this article.";
paragraphs 4 and 5 shall be amended as follows: "4. minors referred to in subparagraphs 3-6 of paragraph 2 of this article may be placed in detention centres for juvenile offenders in internal affairs bodies for a period not exceeding 48 hours on the basis of the decision of the Chief of the district, City Department of Internal Affairs (control), the Division (management) of the Interior of a municipal formation, the Division (management) of the Interior of a closed administrative-territorial entity the Division (management) of Internal Affairs on transport or his Deputy-Chief of police of public security or operational duty corresponding organ of internal affairs.
Materials to minors referred to in subparagraphs 3-6 of paragraph 2 of this article shall be submitted to the judge in the manner and within the period established in article 31-1 hereof, to decide future content or on the release of juveniles.
5. the Chief of the detention centre for juvenile delinquents the internal affairs agency or his deputy shall promptly, but not later than 12:00 am shall notify the Prosecutor at the location of the center of the persons referred to in paragraph 2 of this article. ";
in paragraphs 6, 7 and 8, the words "Centre for temporary isolation" in appropriate cases and to replace the words "detention centre" in appropriate numbers and Word Forms.
13. in subparagraph 5 of paragraph 1 of article 23, the words "temporary isolation centres" were replaced by the words "detention centres".
14. Article 24: name after the word "institutions" shall be supplemented with the words "public associations";
in subparagraph 2 of paragraph 1 the words "temporary isolation centres" were replaced by the words "temporary detention centres";
supplement paragraph 4 to read as follows: "4. public associations are involved in the prevention of the neglect and delinquency of minors, in accordance with the legislation of the Russian Federation and the statutes of these associations.
15. In the first subparagraph of paragraph 6 of article 26, the words "Centre for temporary isolation" should be replaced by the words "detention centre".
16. Article 27, paragraph 3, after the word "counsel", add the words "be representative".
17. In article 28: the first sentence of paragraph 3 shall be supplemented with the words ", explains their procedural rights and duties";
in paragraph 5, subparagraph 1: Add the words "and placed into a temporary detention centre for juvenile delinquents of the Department of Interior for the time necessary for the provision of a minor at a specified institution";
subparagraph 3 should be deleted;
subparagraph 4 considered subparagraph 3;
in subparagraph 2 of paragraph 6, the words "in the center of the temporary isolation" should be replaced by the words "detention centre".
18. Article 31: in subparagraph 1, the words "Centre for temporary isolation" should be replaced by the words "detention centre";
4 subparagraph after the word "correction" add the words "and rehabilitation".
19. Add chapter III-1 to read as follows: "chapter III-1. CONSIDERATION OF MATERIALS relating to the placement of minors in DETENTION CENTRES for JUVENILE OFFENDERS in INTERNAL AFFAIRS BODIES Article 31-1. Order training materials relating to the placement of minors in detention centres for juvenile offenders in internal affairs bodies

1. the decision on the placement of minors referred to in subparagraphs 3-6 of paragraph 2 of article 22 of this federal law, detention centres for juvenile offenders in internal affairs bodies and juvenile materials, confirming the validity of placing minors in these centres (hereinafter referred to as products) are sent to the Court by the Chief of the internal affairs agency or his Deputy on the place of detention of minors not later than before the expiry of 12:00 am finding juveniles in temporary detention centres for juvenile offenders in internal affairs bodies referred to in paragraph 4 of article 22 hereof.
2. The materials must include: sufficient evidence of a socially dangerous act, minors under the age of criminal responsibility for such acts or offences involving administrative responsibility or the fact that the unauthorized departure of special re-education and training institutions of the closed type; specifying the purposes and motives of premises juvenile in detention centre for juvenile delinquents of the Department of Interior; evidence of the need to protect the life or preserve the health of a minor or warning of a repeat of a socially dangerous act.
Article 31-2. Procedure and deadlines for the consideration of materials relating to the placement of minors in detention centres for juvenile offenders in internal affairs bodies 1. The materials submitted to the Court, have the right to examine the minor, his parents or legal representatives or representative of the Department of custody and guardianship.
The legal aid lawyer may participate, the minor's legal representative or other person entitled to provide legal assistance in accordance with the law.
Powers of Attorney certified by a warrant issued by the relevant law. The powers of a person providing legal assistance, certified power of attorney executed in accordance with the law.
2. juvenile Materials referred to in subparagraphs 3-6 of paragraph 2 of article 22 of this federal law shall be treated at their place of detention alone or by a judge within 24 hours from the moment of submission of the material body of the Interior, but not later than the expiry of the term specified in paragraph 4 of article 22 hereof.
In considering the materials involved a minor, his parents or legal representatives, lawyer, Prosecutor, representatives of a temporary detention centre for juvenile delinquents of the internal affairs body. In considering the materials can also include representatives of the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, and the Department of custody and guardianship.
3. based on the results of the review submissions referred to in paragraph 2 of this article, the judge shall rule: 1) on placement in a detention centre for juvenile delinquents of the Department of Interior;
2) rejecting an application for placement in a detention centre for juvenile delinquents of the internal affairs body.
4. In the ruling, the justices shall contain: the name of the Court, the surname, name, patronymic name of the judge who took the regulation, date and place of issuance, information about the identity of minors, persons involved in considering the materials referred to in paragraph 2 of this article; purpose of and grounds for the premises or refusing placement in temporary detention center for young offenders in internal affairs bodies and other circumstances established in the course of consideration of these materials.
5. The judge's decision shall be notified to the juvenile and other persons involved in considering the materials referred to in paragraph 2 of this article, by its announcement. A copy of the order shall be served on or sent to a minor, his parents or legal representatives within three days from the date of its issuance, with an explanation of the specified order of the appeal ruling.
Article 31-3. Appeal, protest and execution of judges 1. The judge's ruling may be appealed and challenged in the manner provided for in article 30 hereof.
2. a copy of the judge's order is sent for execution in the organ of internal affairs ".
Article 2. Amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954; 2001, no. 11, p. 1002) the following changes and additions: 1. In article 92: parts two and three shall be amended as follows:

"2. minors sentenced to deprivation of liberty for an offence of medium gravity may be exempted from punishment by the Court and placed in a special re-education and training institutions of the closed type of management education. Placement in a special re-education and training institutions of the closed type used as forced re-education measure to correct a minor in need of special care, education and requiring special pedagogical approach. A minor may be placed in the specified establishment until the child reaches the age of eighteen years, but not more than three years.
3. Stay of the minor in a special educational institution of the closed type is terminated before the expiry of a deadline set by the Court, if the Court recognized that the minor does not need more in the application of this measure. ";
Supplement part 4 to read as follows: "4. The extension of the stay of the minor in a special educational institution of the closed type is allowed only upon the application of a minor if necessary completed his general education or vocational training.
2. Article 96 of the words "educational or medical-educational institution for minors" were replaced by the words "re-education and training institutions of the closed type body management education".
Article 3. Article 43-2 of the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, art. 4921) as follows: name shall be reworded as follows: "article 43-2. The exemption from punishment of a juvenile defendant Court with application of compulsory re-education measures or direction in special re-education and training institutions of the closed type body management education ";
in the second part of the phrase "in a specialized institution for juveniles" should be replaced by the words "in special re-education and training institutions of the closed type body management education";
in part three, the words "skilled nursing facility for minors" were replaced by the words "in a special educational institution of the closed type body management education";
part fourth-sixth worded as follows: "4. extension of the stay of the juvenile offender in a special educational institution of the closed type is allowed only on the request of the juvenile offender if necessary completed his general education or vocational training. Termination of the stay of the juvenile offender in a special educational institution of the closed type, or transfer it to another special re-education and training institutions of the closed type is carried out by the Agency and the Administration view the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location specified by the agency or at the request of the juvenile offender, his or her parents or legal representatives. The extension or termination of, the length of stay of the juvenile offender in a special educational institution of the closed type, or transfer it to another special re-education and training institutions of the closed type is considered a single judge of the District Court at the location of the agency within 10 days from the date of receipt of the application or submission.
5. participate in the court hearing, a juvenile convict, his parents or legal representatives, lawyer, Prosecutor, representatives of special re-education and training institutions of the closed type and the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location specified by the Agency.
6. Hearing explores the conclusion of administrations of special re-education and training institutions of the closed type and the Commission on minors ' Affairs and protection of their rights, formed a body of local self-government, in the location specified agencies, heard the views of involved in this case. "
Article 4. (Repealed-the Federal law dated Feb. 7, N 3-FZ), Article 5. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow July 7, 2003 N 111-FZ

Related Laws