In the Criminal Code of the Russian Federation, punishments range from less severe to more severe. Such a system is aimed at orienting the court towards saving criminal repression. Mandatory correctional and forced labor are in third and fourth place respectively. Prisons and colonies, as you know, correct not all and not always. Correctional work originally envisaged as punishment that does not entail deprivation or restriction of freedom this is their positive side.
Correctional work: what is it?
They are determined and regulated by the 50th article of the Criminal Code of the Russian Federation. According to her, correctional labor consists in attracting (forced) the convict to work for the period established by the court, while part of his earnings is withheld. This type of punishment is one of the most frequently used and traditional in domestic criminal law, although some of its elements, and the name itself, have changed many times throughout history. In fact, this punishment has long been an alternative to real imprisonment for a certain period.
The order of execution of punishment
Correctional labor is carried out by convicts at the place of their work. For unemployed, the organization is determined by authorized bodies (local self-government), coordinating this with the penal inspection, but always in the area where the sentenced person lives.
Convicts to serve their sentences shall be sent no later than 30 days from the date of receipt by the UII of the relevant court order with a copy of the sentence (decision, ruling) attached.
What are the conditions for serving a sentence?
- Performing these works (correctional) are obliged to come to be noted in the UII in due time, to perform the work in good faith.
- The amount of the amount that will be withheld from the convict's earnings is established by the court in the verdict.
- It is forbidden to leave the work of your own free will when serving your sentence. Correctional facilities designated for the unemployed are mandatory; they do not have the right to refuse them. Dismissal can be made only by written permission of the UII after a thorough verification of the reasons, the refusal must be motivated. In case of disagreement, it can be appealed in the prescribed manner.
- If the convicted person has changed his place of residence, then he is obliged to notify the criminal correctional inspection of this.
- Paid leave, which is provided annually in the amount of 18 days, is given by the organization’s administration and during the period of work (correctional), but by prior agreement with the UII.
How are the deadlines calculated?
This issue is covered in article 42 of the PEC of the Russian Federation. Dates are usually calculated in years and months during which the convicted person worked, and a certain amount established by the court sentence was withheld from his salary. If there is a case of a serious illness that impedes the serving of a sentence, or disability is established (the first group), then the convicted person may file a petition to be released from further work.
In the event that a woman performing work (correctional) has become pregnant, she is granted the right to go to court with a request to postpone the punishment from the moment she goes on maternity leave.
Organization Responsibilities
The law also imposes a specific list of duties on the administration of the institutions where the convicts sentenced to corrective labor are employed.
- timely and correct deductions from the salary of a person serving a sentence;
- to monitor the behavior of the convicted person in the workplace;
- to assist UII in carrying out educational work;
- comply fully with the conditions for serving a sentence stipulated by law and notify the UII about incentive measures applied to the convict, penalties, his evasion from work, if these facts have occurred;
- timely inform about the transfer of the person serving the sentence or about his dismissal.
Features of correctional work for minors
In general, the assignment of any punishment to a teenager depends on many factors. Age-related features of the psyche, high emotional excitability of minors, sometimes turning into passionateness, hyper-energy and inability to direct this energy in the right direction - these are the circumstances that must be taken into account when individualizing punishment.
The use of correctional labor is possible in relation to persons who have not reached the age of 18 years and who have been sentenced to a term of not more than one year. Such punishment should be prescribed with extreme caution; if possible, it should not impede the development of a minor in social terms (admission to an educational institution, transfer to a better job, etc.).
The term for the execution of sentences by the legislator is significantly reduced. So, for juvenile convicts, its upper limit is half of that for adults, namely from 2 months to one year. However, the size of deductions from wages remains unchanged (5-25%).
According to many practitioners, correctional work, provided that they are correctly applied, properly monitored, and that parallel educational work is conducted with a minor, can be a more effective form of criminal punishment than, for example, a fine. They offer great opportunities for correction, taking into account the role of labor education. But, at the same time, it is legislatively necessary to finalize this system and introduce restrictions (for the disabled, pregnant women, etc.).
Thus, correctional labor, in particular, their use in relation to minors, is seen as a rather severe punishment, but at the same time they are a fairly effective way of re-educating adolescents without their isolation from society - in the process of work.
