Deprivation of the right to hold a certain position is a form of punishment criminal significance, which consists in certain official restrictions. If it comes to engaging in a specific kind of activity, then the ban on the promotion of professional or other activities becomes relevant. It would be advisable to consider in more detail all aspects of such an interesting topic.
Historical information
In accordance with the criminal law of the Russian Empire, the deprivation of the right to occupy certain positions, as well as privileges arising from the above activities, was implemented as a general form of punishment. This is a defeat in rights, which was determined by the estate character. It is important to note that the current legislation was supposed to “defeat official advantages and rights”, among which the following points would be appropriate:
- Deprivation of the right to hold certain positions; be in the service of public, city, zemstvo, estate or state significance.
- Deprivation of the right to serve in the state army, as well as in the navy.
- Deprivation of the right to participate in the elections of meetings of the class orientation. In addition, the right to be elected in public, city or zemstvo assemblies was excluded.
- Deprivation of the right to occupy certain positions or engage business related to management. In addition, the right to be a teacher or educator in a private or public educational institution was excluded.
- Deprivation of the right to choose fishing certificates for trade enterprises. This is about deprivation of the right to occupy certain positions or engage varieties of activities established by law relating to trade or fishing.
- Deprivation of the right to be a lawyer (attorney at law) or an arbitrator.
Interesting to know
It should be noted that the points in the previous chapter disqualification and other lesions in the legal plan were used as punishments of an additional nature during a clearly defined time period after the serving of the actual sentence of the main type.
It is interesting to know that the Criminal Code of 1903 provided exclusively for the deprivation of state rights. What does it mean? The Criminal Code of the RSFSR considered the deprivation of the right to occupy certain positions or promote a certain type of activity as a form of defeat of certain legal categories in relation to the convicted person. It is important to add that a fundamentally similar type of punishment at that time was provided for in the Basic Provisions of the Criminal Law of the Union Republics and the USSR of 1958, as well as the Basic Provisions of the Criminal Law of the Union Republics and the USSR of 1924.
Modern regulation
In accordance with the current criminal law (we are talking about the Criminal Code of the Russian Federation in 1996, namely, article 47) deprivation of the right to occupy certain positions or to promote specific types of activity is an absolute prohibition on holding positions in the service of a state nature, in local government structures or to develop certain professional or other activities. What is the essence of this punishment?
First of all, the meaning of such serious consequences is a significant restriction of the right of a convicted person to freedom of choice in terms of type of activity, as well as deprivation of his privileges, privileges and rights of an additional orientation, one way or another relating to work in a certain position or to the implementation of certain types of activity . It must be added that the consequence of the imposition of punishment may also be a certain decrease in the salary that the convicted person receives for the performance of official duties.
Terms of Reference
Currently deprivation of the right to occupy certain positions (Criminal Code of the Russian Federation) correlates with a number of specific posts where the right to occupation is limited in accordance with the Federal Law “On the Civil Service System in the Russian Federation” dated 05.27.2003 and the Federal Law “On Municipal Service in the Russian Federation” dated 02.03.2007. It is important to note that today a ban on the occupation of those posts that are not related to the municipal or public service is excluded. In addition, a specific type of position, the occupation of which is prohibited, one way or another should be indicated in the sentence. It is interesting to know that a convict in accordance with the same crime cannot be assigned simultaneously deprivation of the right to hold certain posts for a termspecified in the sentence, and deprivation of the right to promote certain types of activities.
The first type of punishment is assigned as the main or as additional (does not play a big role). It would be advisable to consider the issue in more detail. So, deprivation of the right to occupy certain positions is appointed as the main punishment when it is expressly provided for in the article of the Special Part of the current Criminal Code. A vivid example in this case is Art. 145 “Non-payment of salaries, scholarships, pensions, allowances and other payments” or article 169 “Obstruction of legitimate economic activity”. In addition, the punishment presented may be imposed when it is commuted to a milder one.
Additional punishment
It is important to know that the deprivation of the right to occupy certain positions is executed by the offender as a punishment of an additional orientation when it is provided, for example, part 4 of article 122 of the current Criminal Code “Infection of another person with HIV infection due to improper performance of professional duties” or part 2 of article 143 of the current Criminal Code “Violation of labor protection standards, which, through negligence, resulted in the death of a person”. Thus, the deprivation of the right to work in certain positions or to develop specific activities can be assigned as an additional form of punishment even when it is not provided for in the corresponding article of the current Criminal Code of the Russian Federation (namely, the Special Part) of 1996 as a consequence of a crime, if, taking into account the degree and characteristics of the public danger of the crime committed, as well as the identity of the offender, the judicial authorities recognize the preservation of the right to Vigano certain activities or hold certain positions impossible. It is important to recall that in this case, the perpetrator, both for one misconduct, and in accordance with their totality, as well as relevant sentences, the specified punishment under no circumstances can be assigned simultaneously as primary and secondary.
The tasks of punishment
To date execution of deprivation of the right to occupy certain positions on the part of the perpetrator provides for the implementation of certain functions. It is important to know that the type of punishment in question is primarily aimed at preventing the commission of new misconduct by persons whose actions it is advisable to attribute to improper implementation of a certain type of activity or abuse of official position. Vivid examples of such acts can serve as crimes of a transport nature, bribery or illegal hunting. By the way, it is important to keep in mind that a current ban can apply to absolutely any activity that is regulated by Russian law.Most often, it concerns such varieties of activities of a professional nature as medical or pedagogical, as well as varieties of other activities such as transport management or hunting.
It is important to know that execution of deprivation of the right to occupy certain positions determined by a specific period. So, the period of basic punishment can last from 1 year to 5 years inclusive. If we are talking about additional punishment, then a period of six months or three years is appropriate. In situations that are specifically provided for by specific articles of the current Criminal Code of the Russian Federation (namely, the Special Part CC), deprivation of the right to occupy certain positions established for a period of up to 20 years as an additional form of punishment. This refers to sexual crimes.
When a certain sentence is imposed as additional to mandatory labor, a fine, correctional labor or probation for a specific term, the beginning of its execution shall be considered the moment the sentence enters into force in accordance with applicable law. When the punishment is relevant as an additional measure to forced labor, restraint of liberty, deprivation of liberty, arrest, as well as keeping a person in a disciplinary military unit, deprivation of the right applies for the entire period of serving the indicated types of punishments of the main type, however, in this case, the calculation of its term begins immediately after their departure.
Execution of punishment
You should be aware that the current procedure for the execution of the relevant topic for the article of punishment is enshrined in the sixth chapter of the current Criminal Code of the Russian Federation in 1996. Punishment in the form of deprivation of the right to hold certain posts to a fine, works of an executive or mandatory nature, as well as in the case of probation, are currently being executed by inspections of criminal executive value at the place of work or residence of the offender. When the punishment is assigned to arrest, imprisonment or restriction of liberty and, of course, to detention in the disciplinary military unit, it is executed by its bodies and institutions that implement the corresponding types of punishments, and after serving the guilty punishment of the main type - inspection of criminal-executive significance.
Inspection Powers
The main powers of the inspectorates of criminal executive importance in the field of the execution of such punishment as the absolute deprivation of the right to occupy specific positions or promote certain types of activities, today are the following points:
- Keeping records of persons already convicted.
- Monitoring compliance by convicts with a ban on promoting specific activities or holding certain positions as provided for by a court sentence.
- Verification of the fulfillment of the current requirements of the sentence by the administration of the structures in which the convicted persons carry out their professional activities, as well as by the bodies authorized to revoke permission to promote certain types of activities prohibited by the convicted person.
- Organization of events related to educational work with prisoners.
Administration Responsibilities
The administration of the structure in which the convicted person carries out professional activities, in any case undertakes:
- To relieve the offender from a position in respect of which he has lost his rights, or to prohibit him from promoting certain activities, and also to send a notification to the penitentiary inspection regarding the fulfillment of the relevant requirements of the sentence no later than 3 days after receiving a copy of it from the court and, accordingly, a notice .
- At the request of the inspectorate of criminal executive value, submit documentation related to the execution of punishment by the guilty.
- If you change, supplement or terminate the contract of employment with the perpetrator within three days, it is necessary to notify the inspectorate of criminal executive value.
- When a convicted person is dismissed from the organization, if he has not served his sentence, a note must be made in his workbook about the reason, for what period and for which position he lost his right (or can no longer be engaged in any activity).
The structures authorized to revoke a permit valid for engaging in a particular type of activity (for example, the authorities that issue licenses), within three days upon receipt of a copy of the sentence of the judicial authorities and the notification of the criminal-executive inspection, undertake to revoke the permission related to engaging in that activity, which is prohibited in relation to the convicted person; to seize the relevant paper giving the perpetrator the right to promote the specified activity; send a notice of this to the penitentiary inspection.
Duties of the convict
It is important to know that convicts who are deprived of the right to promote certain types of activities or to occupy specific positions are currently committed to
- Enforce judicial sentence requirements.
- Upon request from the inspectorate of criminal executive value, submit documentation related to the serving of a sentence determined by the judicial authorities.
- Send information to the inspectorate of criminal executive value regarding the place of work, change of his or his dismissal from work, as well as information about the change of place of residence.
In conclusion, it should be noted that the punishment of depriving a person of the right to carry out professional activities in certain positions or to promote specific types of activity is present not only in the Russian Criminal Code. In this case, the criminal codes of Belarus, Kazakhstan, Uzbekistan, Azerbaijan, Kyrgyzstan, and Ukraine are relevant. It is important to note that in these countries, as in the Russian Federation, it can be appointed as the main or additional. The deprivation in question is, by the way, one of the mildest forms of punishment.