As early as the nineteenth century, Russian convicts were sentenced to urban work as a punishment for a crime. However, the provision on such punishment in the modern Criminal Code appeared only in 2005, and since 2013 compulsory work has been assigned for administrative offenses.
Definition
Mandatory work - the type of punishment provided for in Article 49 of the Criminal Code of the Russian Federation and Article 3.13 of the Administrative Code of the Russian Federation. Appointed only in the form of the main preventive measure of the convicted person instead of a fine or as a mitigated punishment. The essence of the measure is to work out the time determined by the court in the hours free from the main employment. Distinctive features of compulsory work:
- assigned only to officially employed citizens: students, pupils, employees;
- aimed at benefiting the public;
- the convicted person does not receive a salary, and all the money for his work goes to the state budget;
- coercive nature;
- lack of the right to choose the type of work and the place of their implementation.
The main purpose of such punishment is educational. Obligatory works are far from prestigious; moreover, they have to be performed at the place of residence, where friends, colleagues, and neighbors can see the convicted person. This measure enhances the effectiveness of moral influence on the offender.
Execution order
Not later than ten days after the sentencing, the convicted person shall be involved in compulsory labor. Organizations where the offender is serving their sentences exercise control over the citizen, monitor the quality of work and its duration. The duties of convicted persons are as follows:
- conscientious fulfillment of labor obligations;
- compliance with disciplinary standards;
- compliance with the rules of the organization where the person is serving a sentence;
- working out all the time determined by the court;
- warning of a change of residence.
In the event of failure to fulfill obligations or evasion of work by the court, a decision may be made to toughen the punishment for the offender.
Types of jobs
Places and types of compulsory work are determined by local governments. The field of activity can constantly change, therefore, convicts are waiting for tasks that do not require qualifications, special knowledge and skills. The list of compulsory works is established by the municipal authorities. As a rule, these are measures to improve the city. These may be the following activities:
- landscaping;
- utility and loading operations;
- repair work (painting borders, replacing plates on houses);
- street or room cleaning.
A convicted person can serve his sentence both in the municipal and in the private organization of the city service. Types of work are assigned in accordance with the physical abilities of the offender, his age and state of health.
Work time
How is the punishment implemented? Mandatory work involves hourly execution determined by the court. A convict is assigned from 60 to 480 hours for a crime; administrative offense - from 20 to 200 hours. During the serving of the sentence must be observed mandatory conditions.
- On working and school days, the convict can work no more than 2 hours (by voluntary decision no more than 4 hours).
- On weekends and holidays, the work time should not exceed 4 hours.
- At least 12 hours are worked out per week.
- The period of holidays and study holidays does not affect the duration of work.
For juvenile offenders, slightly different orders are provided.So, the total sentence can be 40–160 hours, and the execution of daily compulsory duties depends on age:
- 14-15 years - no more than two hours;
- 15-16 years - up to three hours;
- from 16 years - no more than four hours a day.
The number of daily hours can be reduced in case of significant reasons and only by decision of the bailiff.
Who is assigned this punishment?
Compulsory work is assigned as the main punishment to persons who have committed the following offenses:
- deviation from arrest, payment of fines;
- environmental damage;
- non-observance of the order when participating in public events;
- congestion disorders;
- blocking the movement of personal and public transport.
An important condition for the award of such punishment is damage and harm to the health or property of third parties. Such a preventive measure cannot be used in relation to the following citizens:
- disabled people;
- unemployed;
- pregnant women;
- mothers of children under three years old.
Representatives of some professions are also not assigned compulsory work. Among them are military personnel, police and fire officials, representatives of the executive power system and others.
Work deviation
Not all convicts repent of their deeds. There are those who irresponsibly evade duties. In case of failure to appear and refusal to work, the organization where the citizen served his sentence shall draw up a protocol of violation. Such an act is regarded as a separate administrative offense and threatens the offender with arrest of up to fifteen days or a fine of 150 to 300 thousand rubles.
In the case of malicious evasion of work, the punishment shall be replaced by forced labor or imprisonment. These include violators who have committed the following actions:
- fled to avoid punishment;
- more than twice during the month did not appear at work;
- repeatedly violated labor discipline.
The sentence remains the same, taking into account the time worked. Eight hours of compulsory labor are equal to one day of imprisonment or correctional labor.
This type of employment does not imply wages, medical insurance, or the establishment of a work book. Moreover, the worked period does not go into the experience of the convict. The purpose of such a preventive measure is not just physical punishment in the form of compulsory labor. Much attention is paid to moral education and the formation of the offender “on the true path” with benefit for himself and the surrounding society.
