RUSSIAN FEDERATION FEDERAL LAW amending the Federal Act on the basics of the system Prevention of neglect and delinquency minors " and selected Russian Federation legislative acts in clarifying the procedure for sending minors to special educational and educational of the closed-type institution adopted by the State Duma December 2010 Approved by the Federation Council 24 December 2010 Article 1 Article 1 Act of 24 June 1999 N 120-FZ On the Basis of the Prevention System OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3177; 2001, N 3, sect. 216; 2003, N 28, sect. 2880; 2004, N 35, sect. 3607; N 49, sect. 4849; 2007, N 27, sect. 3215; N 49, sect. 6070; 2008, N 30, est. 3616) the following changes: 1) in article 15: (a) paragraph 4, subparagraph 3, after the words "medium gravity", add "or grave crime"; (b) paragraph 6 should read: " 6. In special (corrective) educational institutions of the closed type and special (remedial) classes (groups) established in special schools of the closed type and special vocational schools of the closed type shall be placed Certain categories of minors with disabilities or minors who have diseases that are necessary for their maintenance, upbringing and education in such institutions and classes (groups), on the basis of documents, in paragraph 5 of this article. categories of minors sent to special (correctional) educational institutions of the closed type and in special (remedial) classes (groups) established in special schools of the closed type and The special vocational schools of the closed type shall be determined by the authorized Government of the Russian Federation by the Federal Executive. "; , paragraph 7, amend to 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. 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 further application of this measure of influence to the minor is carried out by order of the judge at the place where the institution is located on the basis of a reasoned submission made by the administration of the institution and the commission for the affairs of minors and the protection of their rights at the place where the institution is located no later than one month prior to the expiration of the court's term of stay The child is a minor in the institution. At the same time, the total length of stay of a minor in a special educational institution of a closed type may not exceed three years. If it is necessary to complete the development of appropriate educational programs or completion of vocational training by minors, extension of the period of stay in a special educational institution of the closed type On the expiry of the period prescribed by the court or when the minor reaches the age of eighteen, the judge will order the place where the institution is located only on the basis of the minor's application. Early termination of a minor's stay in a special educational institution of the closed type, if the minor does not need a minor in the psychological, medical and educational establishment of the said institution. Further application of this measure of influence or has revealed diseases which prevent the content and training of the special educational institution of the closed type, or its transfer to another special educational institution of the age, state of health and for the purposes of Creation of the most favourable conditions for his rehabilitation is carried out by order of the judge at the place where the institution is located on the basis of a substantiated representation of the administration of the institution and the commission for the affairs of minors and the protection of their rights. The location of the institution or on the basis of a request by a minor, his parents or other legal representatives, subject to the presence of the administration of the institution and the commission for the affairs of minors and the protection of their rights at the place of residence agencies. A motivated representation of the administration of the institution and the commission for the affairs of minors and the protection of their rights, or a motion by a minor, his parents or other legal representatives for early termination A minor in a special educational institution of a closed type may be sent to the court where the institution has been located after a period of not less than six months from the date of admission of the minor to the institution. In the event of a failure of the court to terminate the presence of a minor in a special educational institution of closed type, the re-submission or application may be brought before the court not earlier than after the end of the six Months from the day of the court's decision to refuse early termination of a minor in a special educational institution of the closed type. In cases of abandonment of a minor from a special educational institution of closed type, failure to return him to a designated institution from leave, as well as in other cases of evasion of a minor The establishment of a special educational institution of a closed type, on the basis of an introduction by the administration of the institution and the commission for the affairs of minors and the protection of their rights at the place where the institution is located To restore the period of stay of a minor in a special The closed educational institution. A stay of a minor in a special educational institution of a closed type shall be terminated on the expiry of the court's fixed term of stay in the institution. "; , paragraph 9, subparagraph 4, The following wording: " 4) prepares jointly with the commission for the affairs of minors and the protection of their rights to submit or report to the court at the place where the institution is located: extensions of stay a minor in the specified institution; A minor in the said institution, before the expiry of the court sentence; the transfer of a minor to another special educational and educational institution of the closed type; a minor at the specified institution; "; 2) Article 26: a) to supplement paragraph 3-1 as follows: " 3-1. In the event that a minor who is not criminally liable and (or) his or her parents or other legal representatives do not consent to a medical examination, the head of the internal affairs authority or the prosecutor shall file with the court A minor's application for a medical examination of a minor without his or her consent or without the consent of his or her parents or other legal representatives. The declaration shall be accompanied by the material referred to in article 27, paragraphs 1 and 2, paragraphs 1 and 2, of this Federal Act, as well as the decision of the Chief of the Interior or Public Prosecutor to conduct a medical examination. The examination of a minor who is not subject to criminal liability and the material confirming the failure of the minor and (or) his parents or other legal representatives from the medical examination. "; b) supplement paragraph 3-2 as follows: " 3-2. The application for a medical examination of a minor not subject to criminal liability, without his or her consent, or without the consent of his parents or other legal representatives, shall be considered by the judge alone within three years. The day before it was filed. Following the examination of the application, the judge orders the medical examination of the minor without his or her consent, or without the consent of his or her parents or other legal representatives, or The satisfaction of the application for a medical examination of a minor without his or her parents ' consent, or without the consent of his parents or other legal representatives. "; in), supplement paragraph 4-1 as follows: " 4-1. In order to prepare a recommendation on the provision of a juvenile for whom consideration is being given to the placement in a special educational institution of a closed type, psychological, medical and educational assistance and the definition of its future form The education and upbringing of the psycho-medical and educational commission of the educational management body shall be conducted by the decision of the head of the internal affairs authority or the procurator for the comprehensive examination of the minor. "; 3), paragraph 1 Article 27, add the following: " (7) Opinion of the psychological-medical-pedagogical commission on the results of the comprehensive examination of the minor, containing recommendations for the provision of psychological, medical and educational assistance to him and identifying the modalities for its further training; and education. ". Article 2 Amend article 92 of the Criminal Code of the Russian Federation (Legislative Assembly of the Russian Federation) THE RUSSIAN FEDERATION, 1996, N 25, 2954; 2003, N 28, est. 2880; N 50, sect. 4848) The following changes: 1) Part 3 is supplemented with the words ", or if it has a disease that prevents its content and training at the specified institution"; 2) Part Four should be redrafted to read: " 4. The court has the right to reinstate a juvenile in a special educational institution of the closed type, which was skipped by the evasion of his or her stay in the said institution, as well as to extend the period of stay of the minor A special educational institution of closed type after the expiry of the period fixed by the court, in the event that the court is determined that the minor is in need of further application of the measure. At the same time, the total length of stay of a minor in the institution may not exceed three years. If it is necessary to complete the development of the relevant educational programs or to complete the vocational training, the extension of the period of stay in the special educational institution of the closed type is permitted only at the request of a minor. ". Article 3 of the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2003, N 28, est. 2880; N 50, sect. 4847), the following changes: 1), article 421 should be added to parts three and four, as follows: " 3. In the case of preliminary investigation and trial in a criminal case involving a minor offence or a serious offence committed by a minor, with the exception of the offences set out in article 92, paragraph 5 OF THE PRESIDENT OF THE RUSSIAN FEDERATION the possibility of release of a minor from punishment and In accordance with article 92, paragraph 2, of the Criminal Code of the Russian Federation. 4. A medical examination of a minor is carried out during the preliminary investigation, on the basis of the order of the investigator or the person conducting the initial inquiry in accordance with the procedure established by the Government of the Russian Federation. The conclusion of the medical examination of a minor is submitted to the court with the materials of the criminal case. "; 2) in article 432: (a) Part three is supplemented by the words" or if he has a disease, an obstacle to its content and training at the institution "; (b) Part Four should read: " 4. An extension of the period of stay of a juvenile convicted in a special educational institution of a closed type shall be permitted if the court is determined that the minor convicted is in need of further application of the measure. A motivated view of the extension of the period of stay of a juvenile sentenced in a special educational institution of a closed type shall be sent to the court by the administration of the institution and the commission for the affairs of minors and the protection of their rights. at least one month before the expiry of the term of stay of the juvenile offender in the institution. The period of stay of a juvenile convicted in a special educational institution of a closed type, which was skipped by evasion of his or her stay in the said institution, may be restored by the court upon presentation of the administration The institutions and commissions for the affairs of minors and the protection of their rights at the location of the said institution. In case of the need to complete the development of appropriate educational programmes for juvenile offenders or completion of vocational training, extension of the period of stay in a special educational institution of the closed type are permitted only at the request of a juvenile convicted person. 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 a reasoned submission The administration of the institution and the commission for the affairs of minors and the protection of their rights at the location of the said institution, or at the request of a minor convicted person, his parents or other legal representatives. Motivated representation of the administration of the institution and the commission for the affairs of minors and the protection of their rights at the place where the institution is located, or the request of the minor, his parents or other legal representatives The termination of the stay of a juvenile offender in a special educational institution of a closed type may be sent to the court upon the expiry of a period of not less than six months from the date on which the minor entered into the institution. In case of refusal of the court to terminate the stay of a minor convicted in a special educational institution of closed type, the re-submission or application may be brought before a court no earlier than six months from the day The decision of the court not to terminate the stay of a juvenile convicted in a special educational institution of the closed type. Question of the extension, termination or reinstatement of a juvenile offender in a special educational institution of closed type or transferred to another special educational institution of the closed type is considered by the judge of the district court alone at the place where the institution was located within 10 days of the receipt of the application or submission. "; in the sixth word" examination of the sentence "shall be replaced by the words" shall be examined " Application of a juvenile offender, his or her parents or other legal representatives, submission (conclusion) "; d) Part seven after the word" motions "to be supplemented with the words" juvenile offender, his parents or other legal representatives, submissions (conclusions) "; In Part 8, the words "specialized agency for minors" should be replaced by the words "special educational institution of the closed type". President of the Russian Federation Dmitry Medvedev 28 December 2010 N 427-FZ
