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2.2. An order, conditions and some problems of execution and enduring the punishment in the form of arrest

After acceptance in 1996 UK the Russian Federation the order and execution conditions nakazayonija in the form of arrest was legislatively defined for the first time in chapter 14 of section P-A of the Correctional labour code of RSFSR entered by the Federal act from December, 21st, 1996 №160-Ф3191.

According to Federal act item 5 «About introduction in action of the Criminally-executive code of the Russian Federation» (in edition FedeYOralnogo of the law from January, 10th, 2002 №4-ФЗ) positions of the Criminally-executive code of the Russian Federation about punishment in the form of arrest are installed by the federal act in process of creation necessary usyolovy for execution of this kind of punishment, but not later than 2006 192.

In the legal literature time of introduction of punishment under criminal law an arrest kind is considered differently.

Some authors introduction, arrest consider problematic.

For example, E.N.Zajtseva considers, that «it is difficult to give a scientific explanation to an establishment of new punishment in the form of arrest. It is provided for prestupleyonija small weight and if it is applied, as a rule, to the persons who are not representing to the big danger to a society. Arrest will be primenjatyosja only with a view of intimidation of criminals, i.e. for legal ispravleyonija. For the maintenance of arrested persons lock-ups should be constructed. If condemned to arrest will contain in the general premises, it bu -

191 About modification and additions in Criminal procedure koyodeks RSFSR and the Correctional labour code of RSFSR in connection with acceptance of the Criminal code of the Russian Federation: FZ the Russian Federation from December, 21st, 1996 №160-ФЗ//SZRF. - 1996. № 52.тСт.5881.

About modification and additions in Federal acts «About vvedeyonii in action of the Criminal code of the Russian Federation» and «About introduction in action of the Criminally-executive code of the Russian Federation»: FZ the Russian Federation from January, 10th, 2002 №4-ФЗ//SZ Rf! - 2002. - №2. - Item 130.

101 dut short-term courses of increase of criminal qualification, i.e. an exchange of experience, knowledge, establishments of communications, etc. Hence, arrested persons

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It will be necessary to contain in one-man cells. And it will manage gosudaryostvu expensively from the point of view of economy, and, certainly, will negatively affect

■l 193

On physical and mental condition of arrested persons ».

Let's notice only, that condemned to arrest cannot contain in the general premises, as according to. ch 2 items 69 Wick the Russian Federations on the condemned extend the conditions of the maintenance established for condemnation to lisheyoniju of freedom, leaving punishments in the conditions of the general mode in prison.

M.M.Kadakaev sees the basic complexities that «in connection with priyomeneniem punishments in the form of arrest inevitably there is a question on their social rehabilitation. The visible considerable part of such criminals will be from among those persons who have no constant occupation or a constant place

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Residence. Therefore it is necessary to provide measures on their employment after clearing, and also on maintenance with habitation.

The decision of such business buyodet the difficult. In the conditions of unemployment and a housing crisis in the country not so simply to solve this problem in relation to released criminals. If the decision of this question is positive, and the state will accept neyoobhodimye the measures guaranteeing employment after clearing and the more so reception of habitation it, no doubt, will appear tempting for the unemployed and those persons who have no habitation, but lead dobroporjadochyonyj a way of life. Whether there will be it a pretext to commit a crime spetsiyoalno to be the arrested person and in some months (at once after clearing) to get a job and the more so habitation? »194.

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In our opinion, now our state cannot accept the effectual measures guaranteeing employment after clearing and that

1 Zajtseva E. N. The purposes of punishment and means of their achievement in ispraviyotelnyh establishments: Diss... kand. jurid. Sciences. - Krasnodar, 1998. - S.46-47.

194 Kadakoeva n and execution problems (on mateyorialam Krasnodar territory and republic Adygea): Diss... kand. jurid. Sciences.-Krasnodar, 1996. - S І 66-167.

102 more habitation reception as, first, it will be partly protivore -

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chit to market relations, secondly, additional expenses on the given expenses in the budget are not provided. We will notice only, that the specified problem to the full concerns also punishments in the form of imprisonment.

Other authors suppose possibility of introduction of arrest as kind nakayozanija.

So, A.J.Trahov believes, that «legitimacy of arrest of doubts not vyyozyvaet as its application will allow not to condemn the persons who have made neyotjazhkie crimes, to long term of imprisonment, but at the same time to subject to strict isolation. Arrest urged to provide intensive karayotelnoe influence on persons to whom is inexpedient to apply ogranicheyonie freedom, correctional labour or the penalty. There are such persons, on which

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Taking into custody, at least for rather short term, operates blayogotvornee, than long educational influence in the conditions of freedom preservation »195.

A number of authors consider, that now it is quite possible primeyonjat punishment under criminal law a kind of arrest concerning condemned voennosluzhayoshchih. It is fairly noticed in the legal literature, that in the present vreyomja «there are all possibilities for execution of new punishment in a kind kratkoyosrochnogo criminal arrest concerning military men of all categories and departments, that no contra-indications to it are available. Therefore sledovayolo the separate federal act to instal the specified criminally-legal measure since 2001 (as it has been provided in 1996), having extended it only on military men» 196.

Trahov And. And. To a question on the system of penalties under the new Criminal code of the Russian Federation//Perfection Russian zakonodayotelstva and practice of its application: the Collection of proceedings young ucheyonyh. - Krasnodar, 1996. - С.71.

196 Criminal law in the XXI-st century: Materials of the International scientific conference on faculty of law of the Moscow State University of M.V.Lomonosova on May, 31st - on June, 1st, 2001 - M: LeksEst, 2002. - С.212.

103

V.A.Utkin specifies on neobjazatelnost a principle «everywhere and at once» and about according a right to separate subjects of Federation to create uchrezhdeyonija for arrest execution «at presence to that of conditions» 197. To the specified point of view adheres as well And. V.Polivtsev198.

The position of authors about an admissibility arrest introduction, in our opinion, does not raise now the doubts.

To the regulatory legal acts regulating an order of execution and serving of arrest, it is necessary to carry the Criminally-executive code Rossijyosky Федерации199, and also Rules, servings of punishments under criminal law osuzhdenyonymi the military men, approved by the order of the Ministry of Defence of Russia from July, 29th, 1997 № 302200. Besides, to similar regulatory legal acts followed carry and Position about lock-up and the specification of their regular number which according to item 6 FZ the Russian Federation 1997 №2 «About introduction in action of the Criminally-executive code of the Russian Federation» was entrusted podgoyotovit and to approve to the Government of the Russian Federation during 1997 201. However, on the present time, the given Position it is not approved.

According to ch. 8 items 16 Wick the Russian Federation punishment in the form of arrest are executed by lock-up.

Utkin V. A. Problems in system of alternative punishments//MateYOrialy an inter-regional scientific seminar of young scientists. — Barnaul, 1997.-S.24.

Polivtsev A.V. Legal regulation of application of arrest as punishment under criminal law kind: Diss... kand. jurid. Sciences: 12.00.08. - Rostov-on-Don, 2001.-S.122.

199 Further Wick the Russian Federation.

200 Rules of serving of punishments under criminal law condemned voennosluyo zhashchimi, approved: Are approved by the order of the Ministry of Defence of Russia from 29 ijuyo lja 1997 № 302//the Bulletin of normative acts of federal bodies ispolyo nitelnoj the authorities. - 1998. - № 1.

See also: the Plan of preparation of decisions of the Government of the Russian Federation on realizayotsii Wick the Russian Federation and FZ «About introduction in action Wick the Russian Federation», approved RasporjaYOzheniem the Governments of the Russian Federation from January, 28th, 1997 №128//SZ the Russian Federation. - 1997. - №6.-Item 776.

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According to item 68 Wick the Russian Federations condemned to arrest serve time in a condemnation place in lock-ups. Condemned all penal term, as a rule, in one lock-up should leave.

The specified position of the law, is based, first of all, that the maximum term of serving of arrest can be no more than six months, and minimum - month, and in some cases and it is less than month, i.e. rather short. Hence, to spend money resources for maintenance of following of the enduring the punishment condemned to a place in other region is ekonomiyocheski unprofitable, rupture of is social-useful communications of the condemned besides, is partly warned.

At the same time, it agree ch. 3 items 68 Wick transfer condemned of odyonogo lock-up in another are supposed by the Russian Federation in case of its illness or for obesyopechenija its personal security, and also at others exclusive obstojayotelstvah, interfering the further finding condemned in the given lock-up.

Considering possibility of transfer condemned to arrest in case of its illness in other lock-up, in the legal literature expresses mneyonie that, taking into account brevity of term of arrest to carry out given transfer it will be rather inconvenient and would be more correct to solve a question and to fix «in a standard order possibility of a premise of such persons in medical ispraviyotelnye establishments with conditions of their maintenance on the general prison rezhiyome». Supporting as a whole the specified opinion, it is necessary to disagree that data condemned should is in medical corrective uchrezhyodenijah in the conditions of the maintenance on the general mode in prison. As conditions of the maintenance condemned at arrest serving considerably surovee, than on the general mode in prison more correctly to speak in this case about containing -

The criminally-executive right of Russia: the theory, the legislation, the international standards, domestic practice of the end XIX - the XXI-st century beginnings: the Textbook for high schools / Under red^a.i. Zubkova. 2 izd., the reslave. And dop. - m: NORM, 2002.-S.68.

. 105 nii condemned in medical corrective establishment in conditions preduyosmotrennyh Wick the Russian Federation at arrest serving.

Fairly professor M.P.Melentyev considered, that «not everyone zaboyolevanie can entail necessity of transfer condemned of one-its lock-up in another» 03. Transfer condemned in connection with illness dolyozhen to be carried out only in the event that that is recommended in sootyovetstvujushchem medical evidence which should be given taking into account PeYOrechnja medical contra-indications to enduring the punishment in separate meyostnostjah condemned to imprisonment.

Wick the Russian Federation does not open concept personal security maintenance osuyozhdennogo to arrest.

According to ch. 1 Law of the Russian Federation from March, 5th, 1992 № 2446-1 «About bezoyopasnosti» safety is understood as a condition of security of the vital interests of the person from external threats. A part 2 given articles ukazyvayoet, that the vital interests represent set potrebyonostej which satisfaction reliably provides existence and vozyomozhnosti progressive development личности.204 Under the threat of safety ch. 1 item 3 of the considered Law of the Russian Federation is understood set of conditions and faktoyorov, creating danger to the vital interests of the person, a society and the state.

Thus, considering positions of the Law of the Russian Federation from March, 5th, 1992 № 2446-1 «About safety», under maintenance of personal security condemned to arrest it is necessary to understand maintenance of a condition of security of the vital interests of the person condemned to arrest from external conditions and fakyotorov, creating to it danger.

3 Comment to the Criminally-executive code Russian FeYOderatsii. - M: Вердикт-1М, 1997. — With. 156; the Comment to Criminally-ispolniyotelnomu code of the Russian Federation and Minimum standard praviyolam references with prisoners / Under obshch. red. P.G.Mishchenkova. — M: eksyopertnoe a bureau th, 1997. - С.69.

204 Sheets SND the Russian Federation and VS the Russian Federation. - 1992. - № 15. - item 769.

106 Law does not contain the exhaustive list of the bases which for condemned are exclusive and serve as the reason for its transfer in other lock-up. The given circumstance conditions for subektiv -

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Ache estimations of "other exclusive circumstances».

A number of authors to those circumstances is carried, for example, by following positions:

- The act of nature interfering further funktsionirovayoniju of the lock-up in a place of a disposition, including consequence of fires, nayovodneny, earthquakes, and also other incidents technogenic harakteyora, the findings which have led to impossibility of all condemned or their parts in lock-up;

- Necessity of realisation of measures on preventive maintenance of offences in lock-up and to disclosing of perfect crimes;

- Necessity of dissociation condemned, passing on one criminal case;

- Protection condemned, assisted in struggle with prestupnoyostju, from criminal trespasses from other condemned;

- The impossibility to aged parents, close relatives osuyozhdennogo to have right on appointment in connection with the big territorial remoteness of a place of their residence from a place of a disposition of lock-up. Thus given position is supposed only in the event that the lock-up administration is assured that relatives of the condemned can make on its positive impact;

- Participation condemned in mass rioting, group nepovinoyovenijah or hooligan actions;

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- Epidemic.

See: the Comment to the Criminally-executive code of the Russian Federation and the Minimum standard rules of the reference with zakljuchennyyomi / Under obshch. red. P.G.Mishchenkova. - M: an expert bureau th, 1997. - С.231; the Criminally-executive right of Russia: the theory, the legislation, mezhdunayorodnye standards, domestic practice of the end XIX - the XXI-st century beginnings:

. 107

JU. V.Golik to other exclusive circumstances, prepjatstvujuyoshchim to the further finding condemned in lock-up carries «a special psychophysical condition condemned, connected with aggravated perezhivayoniem the fact of fulfilment by it crimes if there are bases to believe, that reyozultat experiences can become the suicide immediate cause (samoyoubijstva)» 206.

However to recognise all specified positions by circumstances hardly it is possible.

The term "circumstance" in Russian is defined as the phenomenon accompanying any other phenomenon and with it connected, and also a moustache-lovija, defining positions, existence of whom-something.

In our opinion a number specified above the bases should be considered in quality not circumstances, and situations. "Situation" is understood «sovokup-nost circumstances, as position, conditions».

■ So, for example, as a situation which for condemned is exclusive and forms the basis for its transfer in other lock-up, it is necessary to consider the act of nature interfering the further functioning of lock-up in a place of a disposition, and also others proisyoshestvija the technogenic character, the findings which have resulted in impossibility of all condemned or their parts in lock-up. The given situation includes already concrete circumstances, for example, a fire, flooding, earthquake etc.

The textbook for high schools / Under the editorship of A.I.Zubkova. 2 izd., the reslave. And dop. - M: NORYOMA, 2002. - С.68; the Criminally-executive right: Studies. For jurid. High schools / Under the editorship of V.I.Seliverstov. 4 izd., ispr. And dop. - M: ID "jurisprudence", 2003.-S.244.

206 Comment to the Criminally-executive code to the Russian Fairy deratsii / bus Hands-l kol-va and otv. red. A.I.Zubkov. - M: INFRA-M-NORM, 1997.-S.135. t.

207 Ozhegov S. I and Shvedova N. Ju. Russian Explanatory dictionary: 80 000 words and phraseological expressions. - M: Azbukovnik, 1999. - С.438.

208Tamzhe.-S.719.

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It is necessary to recognise the list of positions besides, specified above neyopolnym, and reckoning of some of them to independent exclusive situations is debatable. So, for example it is impossible to recognise samostojayotelnoj exclusively such situation as a protection condemned, okazavyoshih assistance in crime control, from criminal trespasses from others condemned as the specified position is covered tayokoj by a situation as maintenance of personal security of the condemned.

The list of the bases specified above which for condemned javljayojutsja exclusive also serve as the reason for its transfer in other lock-up, it is necessary to add with the following: •

- Impossibility condemned to realise the statutory rights, duties and legitimate interests;

. - Reorganisation or lock-up liquidation.

With the given statement has agreed 71 % interrogated.

The situation in the form of impossibility to realise the statutory rights, duties and legitimate interests can be shown in impossibility of the condemned minor to realise the right to short-term appointment to parents or their persons replacing in connection with big terriyotorialnoj remoteness of a place of their residence from a place of a disposition of lock-up. Thus given circumstance as it was marked above, follows uchityyovat only in the event that the lock-up administration is assured that relatives of the condemned can make on its positive impact

V.V. JAkovlev believes, that the fullest list of exclusive circumstances can be stated in Position about arestnyh домах209.

It is necessary to agree with the specified opinion, but thus follows zameyotit, that to Wick the Russian Federation it is necessary to fix the list of situations which can form the basis for transfer suzhdennogo in other lock-up, in chastyonosti in ch. 3 items 68.

209 Jakovlev V.V. The Criminally-legal characteristic of arrest (teoreticheyosky aspect): Diss... kand. jurid. Sciences: 12.00.08. - SPb., 1999. - С.115.

109 it is necessary to carry following bases To that:

- The act of nature interfering further funktsionirovayoniju of the lock-up in a place of a disposition, and also other incidents tehnoyogennogo the character, the findings which have led to impossibility of all condemned or their parts in lock-up;

- Necessity of realisation of measures on preventive maintenance negative vozdejyostvija on condemned, offences in lock-up and to disclosing soveryoshennyh crimes;

- Impossibility condemned to realise the statutory rights, duties and legitimate interests;

- Special psychophysical condition of the condemned;

- Participation condemned in mass rioting, group nepovinoyovenijah, hooligan actions and other illegal acts;

- Epidemic;

- Reorganisation or lock-up liquidation.

Condemned to arrest according to ch. 1 item 69 Wick the Russian Federation to contain by a principle of the isolated and separate maintenance of various categories condemned. So, separately from other categories of the persons held in custody and separately take places: the condemned men condemned zhenyoshchiny, minor condemned, and also condemned, earlier otbyvavyoshie in correctional facilities and having a previous conviction.

It is fairly noticed in the legal literature, that separate soyoderzhanie condemned in lock-ups provides realisation of a principle of the criminally-executive legislation - differentiations and individuayolizatsii punishment executions, creates necessary conditions for ispraviyotelnogo influences on offenders, and also provides the isolation, the persons most started in the is social-moral relation, from others

On

Condemned, excludes threat of personal security condemned, and prepjatstyovuet to distribution criminal опыта210.

It is necessary to notice, that the legislator does not provide at arrest serving the separate maintenance of following categories condemned:

1) it is malicious evading from enduring the punishment, for which in kachest -

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ve replacements arrest is provided;

2) before leaving arrest.

Let's notice, that in the legal literature before it was marked on neobhoyodimost maintenances separately condemned to arrest before leaving nayokazanie in lock-ups from for the first time осужденных211.

Besides, the legislator does not provide also possibility otbyyotija arrest by the former workers of law enforcement bodies in separate lock-up. We will notice, for example, that agree ch. 3 items 80 Wick the Russian Federation osuzhdenyonye to imprisonment the former workers of vessels and law-enforcement orgayonov serve time in separate correctional facilities.

Necessity of separate enduring the punishment in the form of arrest osuzh-dennymi the former workers of law enforcement bodies including vessels, it is connected with the prevention in serving of arrest of displays in their address to sweep for their last law-enforcement activity, including dejayotelnost in justice system, from condemned, not working in danyonyh spheres.

Requirement of the separate maintenance condemned to arrest it is malicious ukyolonjajushchihsja from enduring the punishment, for which as replacement predusmot -

210 Comment to the Criminally-executive code to the Russian Fairy deratsii and to the Minimum standard rules of the reference with prisoners / Under obshch. Red. P.G.Mishchenkova. - M: an expert bureau th, 1997. - С.233; UgoYO the lovno-executive right of Russia. The textbook and the basic normative acts / Under the editorship of prof. O.V.Filimonova. F - M: JUrInfoR, 2000. - With Л10-111; UgolovYO but-executive the right of Russia. The textbook and the basic standard legal acts / Under the editorship of O.V.Filimonova. - M: JUrInfoR, 2004. - With. 128.

211 Comment to the Criminally-executive code to the Russian Fairy deratsii and to the Minimum standard rules of the reference with prisoners / Under the editorship of P.G.Mishchenkova. - M: an expert bureau th, 1997. - С.69.

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ren arrest, and also before leaving arrest speaks possibility preduyoprezhdenija negative influence of data condemned on condemned for the first time leaving the given kind of punishment.

It is necessary to notice, that in the legal literature earlier it was offered «to establish the obligatory separate maintenance of the persons characterised on -

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lozhitelno, from condemned a strongly pronounced negative orientation, it is malicious breaking a maintenance mode in establishment »212.

In this connection, in our opinion it is represented expedient in ch. 1 item 69 Wick to the Russian Federation to specify, that separately from other categories of the persons held in custody, and separately take places: the condemned men, the condemned women, minor condemned, condemned, it is malicious uklonjajuyoshchiesja from enduring the punishment for which as replacement the arrest is provided, condemned, earlier leaving arrest, and also other kinds of punishments and having a previous conviction.

Part 2 items 69 Wick to the Russian Federation to state in the following edition: «In the separate

Lock-ups the condemned former workers contain pravoohranitel -

».»

nyh bodies, including vessels ». Accordingly ch. 2-5 items 69 Wick the Russian Federation schiyotat 3-6.

In ch. Wick the Russian Federation the legislator establishes 2 items 69, that on condemned serving time in lock-ups, conditions soderzhayonija, the Russian Federations established Wick for condemned to imprisonment, otbyvajuyoshchih punishment in the conditions of the general mode in prison extend. Providing the given position, the legislator has gone on a way of some humanisation of an order otbyyovanija arrest as earlier in ITK RSFSR conditions of the maintenance condemned to arrest were equated to the conditions established for persons, leaving on-kazanie in prison on a strict mode. At the same time, in item 69 Wick the Russian Federation predu -

Jakovlev V.V. The criminally-legal characteristic of arrest (teoreticheyosky aspect): Diss... kand. jurid. Sciences: 12.00.08. - SPb., 1999. - С.114.

About modification and additions in Criminal procedure koyodeks RSFSR and the Correctional labour code of RSFSR in connection with acceptance

112 smatrivajutsja and some additional pravoogranichenija which as a result form more strict conditions of the maintenance condemned to arrest, than preduyosmotreny not only in prison of the general, but also a strict mode.

In particular; we will display the specified distinctions in the following table:

Maintenance conditions osuzhdenyonyh Kinds of establishments
In prison of the general

Mode (ch. 4 items

131 WICK THE RUSSIAN FEDERATION)

In prison stroyogogo a mode (ch. 5 items 131 Wick the Russian Federation) In lock-up

(ch. 2, ch. 5 items 69

WICK THE RUSSIAN FEDERATION)

1 .2 3 4
VozmozhYOnost ezheyomesjachno to spend on priobreyotenie proyoduktov piyotanija and subjects of the first neyoobhodimoyosti It is authorised monthly rasyohodovat on priyoobretenie proyoduktov a food and means articles of prime necessity, imejuyoshchiesja on them liyotsevyh accounts, in size miniyomalnogo the size of a payment It is authorised monthly rasyohodovat on priyoobretenie proyoduktov a food and subjects of the first neobhoyodimosti sredstyova, available on their personal accounts, in razmeyore 60 percent of the minimum wage rate Have the right to get monthly products pitayonija and subjects of the first neobhoyodimosti for the sum, not preyovyshajushchuju 20 percent miyonimalnogo razyomera payments
To have svi - It is authorised two It is authorised Appointments not

The criminal code of the Russian Federation: FZ the Russian Federation from December, 21st, 1996 №160-ФЗ//SZ the Russian Federation. - 1996. - №52. - Item 5881.

danija ---------------------------------- *-----

Short-term and

Two long appointments in techeyonie year

Two kratkosrochyonyh appointments within a year predostavljayojutsja, for iskljuyocheniem svidayony with advokatayomi and others liyotsami, imejushchiyomi the right on okayozanie juridicheyoskoj the help
To receive parcels or peredayochi and bandeyoroli It is authorised poyoluchat two poyosylki or pereyodachi and two bandeyoroli within a year It is authorised to receive one parcel and one parcel post in teyochenie year Reception poyosylok, transfers and parcels post, except for containing subjects peryovoj neobhodiyomosti and clothes on a season is not authorised
polzoyovatsja ezheyodnevnoj walk It is authorised to use daily p|5o-booming prodolyozhitelnostju one and a half hour It is authorised to use daily walk proyodolzhitelnoyostju one hour Have right ezheyodnevnoj progulyoki prodolzhiyotelnostju not less than one hour
telefonyonyj razgoyovor It is authorised on the basis of item 92 UIKRF It is authorised on the basis of item 92 UIKRF Can be resolved with relatives at

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"■ Exclusive personal obstojayotelstvah

Concerning minors condemned to arrest the legislator has improved maintenance conditions a little. However, if to compare conditions soyoderzhanija minors to arrest with similar at imprisonment serving in an educational colony, in strict conditions besides obnaruyozhitsja, that at arrest they are the most strict. The given statement proves to be true the following table:

Conditions soyoderzhanija neyosovershennoyoletnih osuzhyodennyh Kinds of establishments
In educational koyolonii in strict uelo-vijah (ch.ch. 1, 5 items 133 UIKRF) In lock-up (ch.ch. 2, 3 items 69 Wick the Russian Federation)
1 ■■. 2 3
Live In isolated zhiyolyh premises, zapiyoraemyh in free from study or work vreyomja In locked general chambers
Possibility

Monthly to spend for acquisition of products piyotanija and predyometov the first

It is authorised ezhemeyosjachno to spend for acquisition produkyotov a food and predmeyotov the first neobhodiyomosti means, imejuyoshchiesja on their obverse Have the right ezhemeyosjachno to get a foodstuff and subjects of the first neyoobhodimosti for the sum which is not exceeding 20 percent minimal -

neobhodimoyosti

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Accounts, at a rate of three minimum wage rates

nogo the size of a payment


It is authorised to have svidayonija

Six short-term within a year;

Short-term once a month prodolzhiyotelnostju to three chayosov with parents or persons, them zamenjajuyoshchimi


To receive poyosylki or peyoredachi and banyoderoli

It is authorised without ograyonichenija (the item "and" ch. 1 items 90 Wick the Russian Federation)

It is not authorised poluyochenie parcels, pereyodach and parcels post, behind an exception soderyozhashchih subjects peryovoj necessity and clothes on a season


To use

The daily

Walk

As the condemned minors study and work, to Wick by the Russian Federation are not regulated an order of walks condemned.

Have right daily walk lasting not less than ones and a half chayosov

It is represented, that such rather severe conditions of the maintenance osuzhyodennyh to arrest, especially women and minors do not demand neobhoyodimosti. Fairly marks L. P.Dubrovitsky, that rigid enough

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Conditions of serving of arrest can cause a question on principle infringement gumayonizma which presence is proclaimed in item 8 Wick РФ214.

In our opinion, with a view of a humanisation of an order of serving of arrest would be true, for example, if the legislator of item 69 Wick the Russian Federation has fixed position that the adult men, leaving arrest over two months, razreyoshaetsja monthly to get a foodstuff and subjects of the first neobhoyodimosti at a rate of the minimum wage rate (i.e. in same razmeyore as at imprisonment serving in prison of the general mode), and also to receive one parcel, transfer and the parcel post within a month. Women and minors condemned to arrest in independence of term otbyva-nija punishments are authorised to get monthly a foodstuff and predyomety the first necessity also at a rate of the minimum wage rate and it was allowed to receive two parcels, transfers and parcels post during meyosjatsa.

63 % have agreed with the given statement interrogated.

As it was marked above condemned to arrest at exclusive lichyonyh circumstances telephone conversation with relatives can be resolved. The given position is fixed in ч.5 item 69 УРІК the Russian Federation.

• the Legislator does not define what circumstances it is necessary to consider isyokljuchitelnymi and personal. Absence of standard fastening of the specified circumstances, certainly, will form the basis for their value judgment, that as a result can be a condition promoting illegal poyovedeniju of employees of lock-up.

It is necessary to notice, that in the criminally-executive legislation rjayoda foreign countries are regulated exclusive personal obstojatelyostva at which condemned to arrest telephone conversation with relatives can be resolved.

The comment to the Criminally-executive code Russian FeYOderatsii / Otv. red. A.I.Zubkov. - M: NORM, 2001. - С.188.

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So, in particular in ch. 5 items 59 of Criminally-executive code ResYOpubliki Belarus are underlined, that «under exclusive circumstances (the death or the heavy illness of the close relative menacing to his life, the act of nature which has caused a considerable material damage osuzhyodennomu or his family) by the decision condemned to arrest of the chief of lock-up can be resolved telephone conversation by duration to pjatyonadtsati minutes with close relatives with payment from personal means osuzhyodennyh» 215.

In the legal literature to exclusive personal circumstances carry: heavy disease of the close relative condemned; the family circumstances infringing on interests of the condemned; questions of inheritance of property, floor space preservation, etc.

The legislator does not specify to Wick the Russian Federation who concerns a category near -

4. »

kih with which condemned to arrest can be resolved telephone razyogovor.

Let's notice, that in separate foreign Wick the specified blank vospolyonen. So, for example, to item 59 Wick Belarus is provided the Note in which who is defined concerns a category of close relatives osuzhyodennogo to arrest. So, in Notes it is underlined, that «relatives rodstyovennikami in given and subsequent articles of the present Code are understood as parents, children, the adoptive fathers adopted, native brothers and sisters, the grandfather, babyoka, grandsons, the spouse (spouse), and also the members of the family who are not rodstvenniyokami condemned» 217.

At the same time, in our opinion, to limit condemned to arrest under exclusive circumstances ' in conversation with other persons does not follow, on -

215 Criminally-executive code of Byelorussia - Mn.: NatsioYO nalnyj the centre of the legal information of Byelorussia, 2000. — С.46.

216 See: Jakovlev V.V. The Criminally-legal characteristic of arrest (teoreyo tichesky aspect): Diss... kand. jurid. Sciences: 12.00.08. - SPb., 1999. - С.118.

917

The criminally-executive code of Byelorussia — Mn.: NatsioYOnalnyj the centre of the legal information of Byelorussia, 2000. - С.47.

■ • 118 skolku not always conversation with. The loved one can resolve vozyonikshie exclusive circumstances.

So, for example, if at the condemned has died unique close cheloyovek the condemned should be accorded a right conversation, for example, with tovayorishchem, the neighbour or the representative of a social service for the permission lichyonyh circumstances (for example, the decision of questions connected with carrying out poyogrebenija etc.).

Besides, the term "situation" in comparison with the term "obstojatelyostvo" most full opens event in which result to the condemned telephone conversation with close and other persons can be resolved. To toyomu to provide all circumstances in which result to the condemned telephone conversation to is resolved it can be practically impossible.

Thus, exclusive personal situations at which telephone conversation with close and other persons javljayojutsja can be resolved: death or heavy illness close, menacing to his life; act of nature or other situations which have caused a considerable material damage condemned or its relatives; sem'ejnye the circumstances mentioning inteyoresy the condemned; questions of inheritance of property, preservation by a vein ployoshchadi, etc.

Considering the above-stated, in our opinion it is represented neobhodiyomym to provide in ch. 5 items 69 Wick the Russian Federation the list of exclusive personal circumstances at which condemned to arrest can be resolved teleyofonnyj conversation with close or other persons.

According to item 72 Wick is material-household maintenance osuzhdenyo nyh to arrest is carried out by the Russian Federation on the norms established for condemned to imprisonment, serving time in the conditions of the general mode in tjuryo me, and minors condemned - on the norms established for vospiyo tatelnyh of colonies. t*.

According to the given position and item 99 Wick the Russian Federation the norm of a floor space in lock-ups counting on one condemned cannot be me -

119 it of two and a half, and for minors — less than three and a half square metres:

Condemned to arrest are given individual sleeping mesyota and bedding. They are provided with clothes on a season taking into account a floor and climatic conditions, individual means gigieyony (at least soap, a tooth-brush, a tooth-paste (tooth-powder), a toilet paper, disposable razors (for men), means of personal hygiene (for women).

The minimum norms of a food and is material-household maintenance of the condemned are established by the Government of the Russian Federation. Norms ware dovolstyovija condemned, affirm the Ministry of Justice of the Russian Federation. Over these norms the condemned can get the necessary things resolved to ispolzoyovaniju in lock-up (warmed, medical-hygienic or sportswear) at own expense.

To the condemned minors sick condemned and osuzhdenyonym, being invalids of the first or second group, are created uluchshenyonye domestic conditions and the raised norms pitayonija are established.

Considering positions ch. 7 items 99 U¶ZH the Russian Federations condemned to arrest can over established by item 69 Wick R, F the size of the means resolved to rashodo-vaniju on acquisition of a foodstuff and articles of prime necessity, at the expense of own means in addition to get resolved to isyopolzovaniju in lock-ups clothes, including sports, to pay the additional treatment-and-prophylactic and other services rendered at will defined by Regulations of lock-up.

Condemned according to ch. 2 items 72 УРІК the Russian Federation are given medical aid.

120 In the legal literature it is noticed, that medical aid osuzh-dennym to arrest is given, ' first of all, through medical parts, koyotorye will be organised at arestnyh домах218.

It is necessary to notice, that according to ch. 6 items 12 Wick the Russian Federation condemned including to arrest, have the right to health protection, including reception of primary medicosanitary and specialised medical aid in out-patient-polyclinic or stationary conditions depending on medical evidence. Hence, further it is quite possible, that there will be a requirement for creation for subjects of Russia of special lock-ups at which treatment condemned sick of the open form of a tuberculosis is possible, an alcoholism, a narcotism, glue sniffing or a HIV-infected. The decision of the given problem probably by an admissibility of stay specified condemned in medical correctional facilities in the conditions of provided Wick the Russian Federation at arrest serving.

Punishment under criminal law in the form of arrest as it was marked by us above, primenjayoetsja as well to military men. According to item 54 UK the Russian Federations voennosluyozhashchie leave arrest on a guardroom.

Order and conditions of execution of punishment in the form of arrest and corrective influence on the condemned military men now reglamentiruyoetsja Wick the Russian Federation, Rules of serving of punishments under criminal law condemned voenyonosluzhashchimi, approved by the order of the Ministry of Defence of the Russian Federation from 29 ijuyonja 1997 №302219, and also the Appendix №14 «About a guardroom» to the Charter garni-zonnoj and a guard duty of Armed forces of the Russian Federation from December, 14th, 1993.

The legal basis of an order and serving conditions condemned voennosluyozhashchimi punishments in the form of arrest is defined in item 152 Wick by the Russian Federation.

218 See: the Criminally-executive right of Russia: the theory, zakonodatelstyo in, the international standards, domestic practice of the end XIX - the XXI-st century beginnings: the Textbook for high schools / Under the editorship of A.I.Zubkova. 2 izd., the reslave. And dop. - M: NORM, 2002. - С.72; the comment to Criminally-executive the codec of a sou of the Russian Federation / Otv. red. A.J.Zubkov. - M: NORM, 2001. - With. 194.

219 BNAFOIV. - 1998. № 1. - S.9-31.

220 SAPP the Russian Federation. - 1993. - №51. - Item 4913.

■.121

According to the specified norm the order and conditions of serving of arrest by the condemned military men is defined Wick by the Russian Federation, standard pravoyovymi certificates of the Ministry of Defence of the Russian Federation, and also serving rules ugoyolovnyh punishments by the condemned military men.

According to ch. 12 items 16 Wick the Russian Federation ' concerning the condemned military men punishment in the form of arrest are executed by command of garrisons on guardrooms for the condemned military men or in corresponding branches garniyozonnyh guardrooms.

In item 149 Wick is noticed by the Russian Federation actually duplicating position specified above, that the military men condemned to arrest, serve time on guardrooms for the condemned military men or in corresponding otdeleyonijah garrison guardrooms.

Wick the Russian Federation in item 150 provides the separate maintenance various kayotegory the condemned military men:

- The condemned military men from among persons of officers soderyozhatsja separately from other categories of the condemned military men;

- The condemned military men having ranks of ensigns, michmayonov, sergeants and foremen, contain separately from condemned voennosluzhayoshchih ordinary structure;

- The condemned military men serving on an appeal, soderyozhatsja separately from the condemned military men serving on konyotraktu;

- The condemned military men contain separately from the military men arrested on other bases.

The condemned military men to arrest go on a guardroom for arrest serving to 10-day term after bench warrant reception about execution of sentence (item 151 Wick the Russian Federation).

Article 154 Wick the Russian Federation establishes features of a legal status of the condemned military men. So, time of serving of arrest in the aggregate term in -

122 ennoj service and a length of service for assignment of the next military rank it is not set off.

During arrest serving the condemned military man cannot be presented to assignment of the next military rank, is appointed on vysheyostojashchuju a post, translated on the new duty station and dismissed from military service, except for cases of its recognition unusable to military service on a state of health.

To the condemned military men during arrest serving monetary soyoderzhanie it is paid at a rate of the salary on military rank.

From the maintenance of articles Wick the Russian Federation, whether regulating executions nakazayonija in the form of arrest concerning the condemned military men not clearly uchiyotyvajutsja positions of chapter 10 Wick the Russian Federation.

For example, the maintenance of item 150 the Russian Federation does not allow to approve Wick, that at the separate maintenance of the condemned military men are considered obstojayotelstva, specified in ch. 1 items 69 Wick the Russian Federation.

Absence of instructions in item 150 Wick the Russian Federation providing the separate maintenance of condemned military men, about the account at the separate maintenance of the condemned military men also categories of the persons specified in ch. 1 item 69 Wick the Russian Federation can entail their ignoring, that further is unconditional poyosluzhit the reason or a condition for wrongful acts condemned.

Certainly, some can object, having specified in position of item 152 Wick the Russian Federation. However at the analysis of item 152 Wick is easy for noticing the Russian Federation, that the statement that «an order and conditions of serving of arrest condemned voennosluzhashchiyomi are defined by the present code, normative acts of the Ministry of Defence of the Russian Federation, and also rules of serving criminal nayokazany the condemned military men» is the general character.

In this case position of some foreign Wick the Russian Federation is worthy.

For example, in item 145 Wick Byelorussia is underlined, that «in otnoyoshenii the condemned military men containing on a guardroom, operate

123

*. »

і.

Order and conditions of enduring the punishment in the form of the arrest, defined by article 59 of the present Code, and also the army regulations »221.

According to item 147 Wick Republics Kazakhstans «concerning the condemned military men containing on a guardroom, operate porjayodok and conditions of execution of punishment in the form of the arrest, defined by article 64

* * 222

The present Code, and also the army regulations ».

According to ch. Zet. 148 Wick Republics Uzbekistan «on the military men condemned to arrest, extend an order and execution conditions nakazayonija, established by chapter 8 of the present Code, and also military the charter -

223 MI ».

In our opinion, it is represented expedient to bring some utoch -

Ґ.

nenija in item 152 Wick the Russian Federation and to state it in the following edition:

«An order and conditions of serving of arrest by the condemned military men are defined by chapters 10 and 19, and also other norms of the present Code, standard legal acts of the Ministry of Defence Russian FederaYOtsii, and also rules of serving of punishments under criminal law condemned voennoyosluzhashchimi».

Finishing the analysis of an order and conditions of execution and enduring the punishment in the form of arrest it is necessary to notice, that the legislator insufficiently full reglayomentiruet an arrest mode.

Fairly V.Bazunov on "some" economy »rules of law marks at legal regulation of enduring the punishment in the form of arrest on srav-neniju with other kinds of punishments under criminal law» 224.

221 Criminally-executive code of Byelorussia. - Mn.: NaYO tsionalnyj the centre of the legal information of Byelorussia, 2000. — With. 106.

222 Criminally-executive code of Republic Kazakhstan — the general hayo rakteristika (in comparison with ITK the Kazakh Soviet Socialist Republic). The practical grant. — Almaty, Baspa, 2000. - С.82.

Criminally-executive, the Republic Uzbekistan code. — T: UzbeYOkistan, 1997.-with. 126.

Bazunov V.Arest as a punishment under criminal law kind//the Crime and nayokazanie. - 1998. - №4. - С.50.

124 Thus, the carried out analysis of an order and conditions of execution and serving of punishment under criminal law in the form of arrest allows to approve, that to Wick the Russian Federation is insufficiently full regulated a mode of punishment in the form of arrest, with a view of a humanisation of an order and conditions of execution and arrest serving neobyohodimo to bring a number of additions and changes in corresponding norms, in chastyonosti:

1) to Wick the Russian Federation it is necessary to fix the list of situations (instead of obstojayo telstv) which can form the basis for transfer condemned in druyo goj lock-up, in particular in ch. 3 items 68.

It is necessary to carry following bases to that:

- The act of nature interfering further funktsionirovayoniju of the lock-up in a place of a disposition, and also other incidents tehnoyogennogo the character, the findings which have led to impossibility of all condemned or their parts in lock-up;

- Necessity of realisation of measures on preventive maintenance negative vozdejyostvija on condemned, offences in lock-up and to disclosing soveryoshennyh crimes;

- Impossibility condemned to realise the statutory rights, duties and legitimate interests;

- Special psychophysical condition of the condemned;

- Participation condemned in mass rioting, group nepovinoyovenijah, hooligan actions and other illegal acts;

- Epidemic;

- Reorganisation or lock-up liquidation.

2) it is represented expedient in ch. 1 item 69 Wick to the Russian Federation to specify, that «separately from other categories of the persons held in custody, and separately take places: the condemned men, the condemned women, imperfect summer condemned, condemned, it is malicious evading from serving nakazayo nija for which as replacement the arrest is provided, condemned, earlier otyo happening arrest, and also other kinds of punishments and having a previous conviction».

125 Part 2 items 69 Wick to the Russian Federation to state in the following edition: «In separate lock-ups the condemned former workers pravoohranitelyonyh bodies, including vessels contain». Accordingly ch. 2-5 items 69 Wick the Russian Federation schiyotat 3-6;

3) with a view of a humanisation of an order of serving of arrest would be true, nayoprimer if to the adult men, leaving arrest over two months, was authorised to get monthly a foodstuff and articles of prime necessity in the same size as at imprisonment serving in prison of the general mode, i.e. at a rate of the minimum wage rate, and also to receive one parcel, transfer and the parcel post within a month. ZHenshchiYOnam and the minor condemned to arrest in independence of term otyobyvanija punishments it would be authorised to get monthly a foodstuff and articles of prime necessity also at a rate of the minimum size opyolaty work and it was allowed to receive two parcels, transfers and parcels post in techeyonie month;

4) in ch. 5 items 69 Wick the Russian Federation should provide the list iskljuchitelyonyh personal situations (instead of circumstances) at which condemned to arrest telephone conversation with close or other persons can be resolved. That-kovymi are: death or heavy illness close, menacing it zhizyoni; act of nature or other situations which have caused considerable mateyorialnyj a damage condemned or its relatives; the family and civil-law situations infringing on interests condemned (for example, questions of inheritance of property, floor space preservation, etc.).

5) it is represented expedient to bring some specifications in item 152 Wick to the Russian Federation and to state it in the following edition:

«An order and conditions of serving of arrest by the condemned military men are defined by chapters 10 and 19, and also other norms of the present Code, standard legal acts of the Ministry of Defence Russian FederaYOtsii, and also rules otbyvanijaugolovnyh punishments condemned vo¾nno-serving».

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A source: Ryabova Lilija Viktorovna. ARREST AS the PUNISHMENT UNDER CRIMINAL LAW KIND: CRIMINALLY-LEGAL And CRIMINALLY-EXECUTIVE ASPECTS. The dissertation on competition of a scientific degree of the master of laws. Stavropol -. 2005

More on topic 2.2. An order, conditions and some problems of execution and enduring the punishment in the form of arrest:

  1. Chapter 2. Appointment and execution of punishment under criminal law in the form of arrest
  2. §1. The reasons and conditions of efficiency of influence of groups of a negative orientation on execution and enduring the punishment process
  3. 1.1. Essence, the maintenance and the form of punishment under criminal law in the form of arrest
  4. § 3. A problem of definition of criteria of classification of the crimes condemned for plurality by kinds correctional facilities and a choice of conditions of enduring the punishment in the form of imprisonment
  5. § 2. Conditional stay of execution of punishment and is conditional-parole from enduring the punishment.
  6. Chapter 4. LEGAL REGULATION of the ORDER And CONDITIONS of EXECUTION of PUNISHMENT Concerning the CRIMES CONDEMNED FOR PLURALITY
  7. § 2. Perfection of incentive institute of change condemned enduring the punishment conditions
  8. 1.2. The characteristic of punishment in the form of arrest in the modern criminal legislation of foreign countries
  9. the Modern condition and problems of a legal regulation and practice of appointment and execution of punishment under criminal law in the form of freedom restriction
  10. § 3. Practice of application and a perfection way uslovnodosrochnogo clearings of enduring the punishment and replacement of not left part of punishment with softer kind of punishment
  11. the CHAPTER II. Influence of small groups of a negative orientation on execution and enduring the punishment process
  12. § 1. Concept, the legal nature and value of incentive institutes of change of conditions of enduring the punishment and change of a kind correctional facility
  13. Chapter 1. Concept of punishment in the form of arrest in Russia and the characteristic in the criminal legislation of foreign countries
  14. Chapter 4. Incentive institutes of change of conditions of enduring the punishment and correctional facility kind
  15. Chapter 3. Is conditional-preschedule clearing of enduring the punishment and replacement of not left part of punishment with softer kind of punishment as interbranch incentive institutes
  16. § 3. Execution of the order on summary punishment imposing