Rus News Journal

The order of the Ministry of Justice of the Russian Federation from April, 12th, 2005 N 38 Moscow About the Instruction statement about an order of execution of punishments and measures criminally - legal character without isolation from a society

It is registered in Ministry of Justice of the Russian Federation on April, 25th, 2005
Registration N 6542

With a view of work reduction criminally - executive inspections in conformity with the legislation of the Russian Federation I order:

1. To confirm the applied Instruction about an order of execution of punishments and measures criminally - legal character without isolation from a society.

2. To Federal Agency of execution of punishments (Kalinin JU. I) To provide Instruction execution about an order of execution of punishments and measures criminally - legal character without isolation from a society.

3. The order of the Ministry of Internal Affairs of the Russian Federation from 01. 07. 1997 N403 “ About the Instruction statement about an order of execution of punishments in the form of corrective works, right deprivations to occupy certain posts or to be engaged in certain activity and control of behaviour of conditionally condemned, condemned pregnant women and the women having juvenile children to which the delay of serving of punishment " is applied; (it is registered in Ministry of Justice of Russia 05. 08. 1997, registration N 1368) in FSIN Russia not to apply.

4. Control over order execution to assign to deputy minister V.U.Jalunina.

the minister Ju. a seagull

the Appendix

the Instruction about an order of execution of punishments and measures criminally - legal character without isolation from a society

I. General provisions 1

1. The present Instruction defines the activity organisation criminally - executive inspections 2 on execution of punishments in the form of right deprivation to occupy certain posts or to be engaged in certain activity, obligatory works, corrective works, to control of behaviour of conditionally condemned, condemned pregnant women and the women having children to fourteen-year age, which court delays punishment serving, and also to the prevention of crimes and other offences the persons consisting on the account in inspections.

2. Inspections in the activity are guided by the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, standard legal certificates of Ministry of Justice of Russia and the present Instruction.

3. The functions which have been not provided by the current legislation of the Russian Federation cannot be assigned To employees of inspections.

4. Inspections analyze work on execution of punishments and control of behaviour condemned, prepare the statistical reporting according to departmental certificates, and also is information - analytical and other materials for territorial bodies FSIN of Russia.

5. Inspections co-operate with law-enforcement bodies on the basis of working out and realisation of joint actions for control over behaviour condemned, observance conditionally condemned the duties assigned by court, to the prevention of crimes and other offences, elimination of the reasons and the conditions promoting their fulfilment, and also an exchange of the corresponding information. In these purposes of inspection:

- prepare and direct to offer law-enforcement bodies in plans of joint actions;

- take part in the actions spent by law-enforcement bodies on check of behaviour condemned on residence and in public places;

- regularly direct to law-enforcement bodies the information about condemned, consisting on accounts.

6. Inspections consider letters, statements, complaints condemned and citizens on the questions carried to their competence.

7. Organizational - the methodical management, control over activity of inspections and rendering of the practical help by it carry out territorial bodies FSIN of Russia.

8. Statement condemned on the account 3 is carried out on the basis of a verdict of guilty (definition, the decision) vessels, orders of the judge or the chairman of the court about sentence execution, and concerning persons with whom as pardon imprisonment is replaced by softer kind of punishment, on the basis of the corresponding certificate about pardon.

9. In cases of change of a sentence in the order established by the law a copy of a sentence of court join:

- at sentence change - a copy of definition of court of cassation instance or a copy of definition (decision) of court of supervising instance;

- at replacement of not left part of punishment in the form of imprisonment by softer kind of punishment - a copy of definition of court;

- at replacement of not left part of punishment in the form of imprisonment by softer kind of punishment as pardon - the corresponding certificate about pardon.

10. In case of detection in a sentence copy (definitions, decisions) vessels of doubts and the ambiguities interfering its execution, inspection immediately returns it in the court, the pronounced sentence (definition, the decision), for the decision of a question on their elimination in the order established by the law.

11. At detection in a sentence copy (definitions, decisions) vessels of doubts and the ambiguities which are not interfering its execution, inspection explains condemned its right to a reference to the court for the permission of the questions connected with execution of a sentence and entering of respective alterations.

12. At presence on condemned other not executed sentences if in the last on time a sentence not left part of punishment on the previous sentences is not attached, inspection addresses in court for the question decision by definition of a definitive measure of punishment on set of sentences. Execution of the first sentence thus does not stop.

13. Concerning the person to whom not left part of term of imprisonment is replaced by softer kind of punishment, the correctional facility administration directs to inspection two copies of definition (decision) of court about the clearing, two copies of a sentence to imprisonment, a subscription condemned about an appearance in inspection in three-day term from the date of arrival, and also the inquiry with instructions of the adjusting data, dates of clearing, related and other close communications of the condemned. In documents on clearing it is underlined presence of additional punishment in the form of right deprivation to occupy certain posts or to be engaged in certain activity.

14. In day of receipt a sentence copy (definitions, decisions) vessels and appendices to it are registered in magazine of incoming documents of inspection, and then - in the special numbered, strung together and sealed up log-book condemned 4 .

In the same order the private affairs which have arrived from other inspections in connection with change condemned place of work and a residence are registered.

15. In day of receipt of a copy of a sentence (definition, the decision) inspection directs vessels to the court, the pronounced sentence (definition, the decision), the notice on its acceptance to execution (the appendix 1). Concerning the condemned woman to whom by court the delay of serving of punishment is given, inspection directs the notice to correctional facility within three days after its appearance in inspection.

16. After registration of a copy of a sentence (definition, decisions) vessels on each condemned it is got a private affair (the appendix 2), is filled kontrolno - srokovaja (the appendix 3) and sentry (the appendix 4) cards.

the Sentry card goes in passport - visa service of law-enforcement body for control over removal condemned with the registration account and informing of inspection on change of its residence.

Kontrolno - srokovaja the card is located in a card file.

17. In a private affair of the condemned (copies of a sentence of court are stored in corresponding cases - copies of definition, the decision) and all materials concerning the organisation and realisation of process of an execution of the punishment.

the Materials which are in a private affair, should be filed, numbered and brought in the inventory on inside of a cover of business. Private affair serial numbers, kontrolno - srokovoj and sentry cards should correspond to number under which the sentence copy (definitions, decisions) vessels is registered in a log-book. Private affairs and a card file are stored in a metal case which upon termination of the working day is closed on the lock and is sealed up 5 .

18. About statement condemned on the account inspection directs the message (the appendix 5) to the chief of law-enforcement body for the organisation of carrying out to district militia officers of militia of preventive actions and participations in control over behaviour condemned, and concerning the minor condemned inspection directs the message (the appendix 6) to the chief of law-enforcement body for the organisation of carrying out by the employee of division on affairs of minors of individual preventive work.

19. About statement on the account condemned (the citizen of Russia) military age inspection directs to a corresponding military registration and enlistment office the message (the appendix 7).

II. The Execution of the punishment in the form of right deprivation to occupy certain posts or to be engaged in certain activity 6

20. Execution of the punishment in the form of right deprivation to occupy certain posts or to be engaged in the certain activity, appointed as as the core, and a punishment auxiliary view to the penalty, obligatory works or corrective works, and also at conditional condemnation inspection in a residence of the condemned carries out.

21. Execution of the specified punishment appointed as an auxiliary view of punishment to restriction of freedom, to arrest, the maintenance in disciplinary military unit or to imprisonment, establishments and the bodies executing principal views of punishments, and after departure of a principal view of punishment - inspection in a residence condemned carry out.

22. The establishment administration in which the principal view of punishment the person condemned also to additional punishment in the form of deprivation of the right to occupy certain posts leaves or to be engaged in certain activity, cannot involve condemned to the works which performance is forbidden to it. Twenty days prior to the term termination, and in a case conditionally - an early release condemned or replacements of punishment with softer - in day of clearing the correctional facility directs to inspection on the selected works to them to a residence a copy of a sentence of court or an extract from a court sentence, and also the inquiry on condemned with instructions of the adjusting data, dates of clearing, related and other close communications.

23. At reception from passport - visa service of law-enforcement body of the information on registration condemned, released from correctional facility, the disciplinary military unit, term of an additional measure of punishment having not left part in the form of right deprivation to occupy certain posts or to be engaged in the certain activity, arrived not in a place of residence originally selected it, inspection requests a copy of a sentence of court from the inspection serving territory of originally selected residence condemned, and supervises receipt of a copy of a sentence of court.

24. Inspection, having received a sentence copy (definitions, decisions), registers it in magazine of incoming documents and a log-book condemned (the appendix 8), and then legalises papers in an order established in chapter of I present Instruction, and directs condemned the notice in writing of necessity of an appearance to inspection.

25. Conversation in which course to it are explained an order and conditions of serving of punishment, its right and a duty is spent to day of an appearance in inspection with the condemned, biographical particulars are specified and checked, data on near relations and persons which can influence on condemned, and other questions important for control of execution condemned requirements of a sentence are found out. Upon termination of conversation at the condemned the subscription (the appendix 9) is selected and the inquiry which are filed in its private affair is made.

26. With a view of maintenance of execution of a sentence of court inspection within three working days:

- establishes a place of work condemned and directs to the address of administration of the organisation a copy of a sentence of court and the notice (the appendix 10);

- directs a copy of a sentence of court or a certified extract from it and the notice (the appendix 11) in body, competent to cancel the permission to employment by a certain kind of activity. Depending on character of a crime and the forbidden kind of activity inspection directs the specified documents to the bodies which are carrying out licensing of certain kinds of activity;

- concerning the condemned, deprived right to occupy to a post in economic activities sphere, directs the message (the appendix 12) to corresponding service of law-enforcement body.

27. Arrived from the organisation or body, competent to cancel the permission to employment by certain activity, the message on clearing condemned from a post which it is deprived the right to occupy, or about cancellation of the permission and withdrawal of the document granting the right to employment by activity by which it is deprived the right to be engaged, after a corresponding mark in magazine joins a private affair of the condemned.

28. In case of dismissal from the organisation condemned, not served time, the organisation administration brings in its work record card record about on what basis, for what term and what post it is deprived the right to occupy or by what activity is deprived the right to be engaged. The arrived message on entering of record in the work record card after a mark in magazine joins a private affair.

29. Within a month after statement condemned on the account inspection carries out check of performance of requirements of a sentence of court by organisation administration in which it works, and body, competent to cancel the permission to employment by certain activity. About results of check the inquiry which joins a private affair of the condemned is made.

30. In case of dismissal condemned from a former place of work inspection in a month from the moment of reception of the message on dismissal of the condemned:

- establishes a new place of work of the condemned;

- directs in a new place of work a copy of a sentence of court and the notice (the appendix 10);

- checks in a new place of work condemned presence in its work record card of the record corresponding to a sentence of court, and establishes its post (kind of activity).

31. With a view of the further control inspection is not more rare than an once in six months checks execution of a sentence of court by administration of the organisation and condemned. About results of check in a place of work of the condemned the inquiry which is filed in its private affair is made.

32. Concerning condemned, not working at the moment of statement on the account, inspection, using the information of body of a placement service and the district militia officer of militia, carries out control over its employment.

33. In case representatives of the power, the civil servants, serving local governments, employees state or municipal authorities, do not execute of commercial or other organisations entered validity a sentence (decision) of court or inoj the judicial certificate about right deprivation to occupy certain posts or to be engaged in certain activity, inspection directs to their address representation (the appendix 13).

34. In case representatives of the power, the civil servants, serving local governments, employees state or municipal authorities, after reception of representation of inspection do not execute of commercial or other organisations a court sentence, a judgement or other judicial certificate about right deprivation to occupy certain posts or to be engaged in certain activity, inspection directs corresponding materials to Office of Public Prosecutor for the decision of a question on attraction of guilty officials to a criminal liability according to item 315 of the Criminal code of the Russian Federation.

35. Term of deprivation of the right to occupy certain posts or to be engaged in the certain activity, appointed as as the core, and a punishment auxiliary view to the penalty, obligatory works or corrective works, and also at conditional condemnation if thus execution of an auxiliary view of punishment is not delayed, it is estimated from the moment of the introduction of a sentence of court into validity. In time the specified punishment time during which the condemned occupied the posts forbidden for it is not set off or was engaged in the activity forbidden for it.

36. At appointment of deprivation of the right to occupy certain posts or to be engaged in certain activity as a punishment auxiliary view to freedom restriction, arrest, the maintenance in disciplinary military unit, to imprisonment term of the specified punishment is estimated accordingly from the date of clearing condemned of the corrective centre, from - under arrest from disciplinary military unit or from correctional facility. In these cases of the requirement of a sentence of court about right deprivation to occupy certain posts or to be engaged in certain activity extend also for all time of serving condemned the specified principal views of punishments.

37. At an establishment of the fact of infringement condemned requirements of a sentence of court and time specification during which it did not execute requirements of a sentence of court, inspection leads with its individual discussion, selects an explanation and explains that time during which it held the post forbidden for it or was engaged in the activity forbidden for it, in time punishments is not set off. The inquiry on the spent conversation, the corresponding documents confirming the fact of default condemned sentence of court, and an explanation of the condemned join a private affair.

inspection informs interested services of law-enforcement bodies, a military registration and enlistment office On prolongation of term of punishment, administrations of the organisations and bodies, competent to cancel the permission to employment by the certain activity forbidden condemned, and also does a mark in a log-book and kontrolno - srokovoj to a card.

38. After punishment term the condemned is struck off the register in an order established in chapter of VIII present Instruction.

III. The Execution of the punishment in the form of obligatory works 7

39. Obligatory works are executed by inspections in a residence of the condemned. The kind of obligatory works and objects are defined by local governments in coordination with inspections. Obligatory works are performed condemned in free from the basic work or study time for a gratuitous basis.

40. Condemned to obligatory works it is involved in serving of punishment not later than 15 days from the date of receipt in inspection of the corresponding bench warrant with a sentence copy (definitions, decisions).

41. Inspection, having received the bench warrant with a sentence copy (definitions, decisions), registers them in magazine of incoming documents and in a log-book condemned (the appendix 14), and then legalises papers in an order resulted in chapter of I present Instruction, and directs condemned the notice in writing of necessity of an appearance to inspection.

42. On each condemned the registration form (the appendix 15) in which the account fulfilled condemned time and labour discipline infringements is conducted is got. The registration form is located in a card file of the personal account of the condemned.

43. Conversation in which course to it are explained an order and conditions of serving of punishment, its right and a duty is spent To day of an appearance in inspection with the condemned, biographical particulars are specified and checked, the data important for control of its behaviour are found out.

44. Upon termination of conversation at the condemned the subscription (the appendix 16) is selected and the instruction for serving of obligatory works (the appendix 17) stands out. At definition condemned a kind of obligatory works and object its residence, the schedule of the basic work and study, a state of health, age features and professional skills is considered.

About results of conversation the inquiry which together with a subscription and a direction copy is filed in a private affair of the condemned is made.

45. Inspection directs to the organisation in which the condemned will serve time, a sentence copy (definitions, decisions) vessels and the notice (the appendix 18). The direction copy is filed in a private affair of the condemned.

46. Granting condemned the next annual holiday in the basic place of work does not stop an execution of the punishment in the form of obligatory works.

47. In case of approach of mental frustration or other serious illness interfering serving of punishment, inspection explains condemned its right to a reference to the court with the petition for clearing of the further serving of punishment. If necessary helps it in petition preparation in court.

48. In case of a recognition condemned by the invalid of the first or second group inspection directs to court representation (the appendix 19) about its early release from the further serving of punishment, and at approach of pregnancy condemned - representation (the appendix 19) about a delay to it servings of punishment from the date of holiday granting on pregnancy and sorts.

49. With a view of control over execution of obligatory works inspection:

- is not more rare than an once in a month carries out exits on objects for check of behaviour condemned on a work place. The inquiry which is filed in a private affair of the condemned is by results made;

- is not more rare than an once during punishment term checks condemned on special accounts of law-enforcement bodies about revealing of new offences and bringing to criminal liability. The inquiry on results of check is filed in a private affair of the condemned.

50. The beginning of term of serving of obligatory works is day of an exit condemned on work.

51. Term of obligatory works is estimated in hours during which the condemned left obligatory works.

the Sheet about quantity fulfilled condemned hours and materials about infringements of the labour discipline by it, the organisations which have arrived from administration, join its private affair.

52. Obligatory works are established for the term from sixty till two hundred forty o`clock. Time of obligatory works cannot exceed four hours per the days off and per days when the condemned is not occupied on the basic work, service or study; In the working days - two hours after the termination of work, service or study, and with the consent of condemned - four hours. Time of obligatory works within a week, as a rule, cannot be less than 12 hours.

53. For the minor condemned obligatory works are appointed for the term from forty till hundred sixty o`clock, consist in performance of works, feasible for the minor, and are carried out by it in free from study or the basic work time. Duration of execution of the given kind of punishment condemned aged till fifteen years cannot exceed two hours per day, and at the age from fifteen till sixteen years - three hours per day.

54. In the presence of good reasons inspection under the written statement of the condemned can allow to work to it within a week smaller quantity of hours. In this case inspection hands out condemned the message (the appendix 20) for granting in a place of serving of obligatory works. Copy of the message and the documents presented condemned, are filed in its private affair. In the registration form of the condemned the corresponding mark becomes.

55. Holding in custody time in connection with commission of crime for which obligatory works are appointed, and also time of serving of imprisonment from the moment of removal of definition (decision) of court about imprisonment replacement with obligatory works till the moment of actual clearing is set off at the rate of one day of holding in custody for eight hours of obligatory works.

56. Condemned to obligatory works it is obliged:

- to observe organisation regulations in which it leaves obligatory works;

- honesty to concern work;

- to work on the object defined for it and to fulfil the term of obligatory works established by court;

- to inform inspection of residence change.

57. For infringement condemned to obligatory works of an order and conditions of serving of punishment inspection warns (the appendix 21) him about responsibility according to the legislation of the Russian Federation.

58. Concerning condemned, it is malicious obligatory works evading from serving, inspection directs to court representation (the appendix 19) about replacement of obligatory works with other kind of punishment according to a part of third article 49 of the Criminal code of the Russian Federation.

59. It is malicious evading from serving of obligatory works admits condemned:

- more than two times within a month not left for obligatory works without valid excuse;

- more than two times within a month broken labour discipline;

- disappeared with a view of evasion from punishment serving.

IV. The Execution of the punishment in the form of corrective works 8

60. Corrective works are left in the places defined by local government in coordination with inspection, around a residence condemned.

61. Condemned to corrective works goes inspection for serving of punishment not later than 30 days from the date of receipt to inspection of the corresponding bench warrant with a sentence copy (definitions, decisions).

62. Inspection, having received the bench warrant with a sentence copy (definitions, decisions), registers them in magazine of incoming documents and in a log-book condemned (the appendix 22), and then legalises papers in an order established in chapter of I present Instruction, and directs condemned the notice in writing of necessity of an appearance to inspection.

63. Conversation in which course to it are explained an order and conditions of serving of punishment, its right and a duty is spent to day of an appearance in inspection with the condemned, biographical particulars are specified and checked, the data important for control of its behaviour are found out.

64. Upon termination of conversation at the condemned the subscription (the appendix 23) is selected and the instruction (the appendix 24) for serving of corrective works stands out. About results of conversation the inquiry which together with a subscription and an instruction copy is filed in a private affair of the condemned is made.

65. Inspection directs to the organisation in which the condemned will serve time, a sentence copy (definitions, decisions) vessels, the notice (the appendix 25) and the form of settlement data (the appendix to the appendix 25). The notice copy is filed in a private affair of the condemned.

66. On everyone condemned inspection gets the registration form (the appendix 26) in which the account of time fulfilled by it, a salary and the deduction made from it is conducted. The registration form is located in a card file of the personal account of the condemned.

67. Condemned have not the right to refuse the work offered it.

68. In serving of corrective works condemned dismissal from work at own will without the permission of inspection in writing is forbidden. The permission to dismissal or refusal in it (the appendix 27) is taken out by inspection on the basis of the written statement condemned after check of validity of the reasons of dismissal. Refusal in delivery of the permission to dismissal should be motivirovan. Condemned it is necessary to explain its right to the appeal of the made decision at the chief of territorial body FSIN of Russia, in Office of Public Prosecutor or in court in the order established by the law.

69. Concerning change of a place of serving condemned corrective works inspection addresses in local government. At the positive decision of this question inspection gives out condemned the instruction (the appendix 24) and directs to the organisation in which it will leave corrective works, a sentence copy (definitions, decisions) vessels, the notice (the appendix 25) and the form of settlement data (the appendix to the appendix 25).

70. In serving of corrective works annual paid holiday by duration of 18 working days is given by organisation administration in which works condemned, in coordination with inspection. Other kinds of holidays provided by the legislation of the Russian Federation about work, are given condemned in accordance with general practice.

71. With a view of control over behaviour condemned inspection:

- quarterly with participation of employees of law-enforcement body in an order provided by the legislation of the Russian Federation, carries out checks condemned on a residence and in public places. Inquiries on results of checks are filed in private affairs of the condemned;

- is not more rare than an once in a quarter checks condemned on special accounts of law-enforcement body about revealing of new offences and bringing to criminal liability. Inquiries on results of check are filed in private affairs of the condemned;

- quarterly directs to interested divisions of law-enforcement body lists condemned, put on the inspection account.

72. The personal account of the condemned urged to promote qualitative execution of corrective works, timely attraction condemned to work, control of correctness and timeliness of deduction from their salary and transfer of the withheld sums of the corresponding budget.

Documents of the personal account are: a log-book condemned to corrective works, the registration form and a private affair.

73. Condemned consist on one of following kinds of the account: operative, preliminary, control, the account of the searched.

74. On the operative account consist working condemned from which salary deduction in the state income are made.

75. On the preliminary account the condemned consist:

- not started to work after 30 days from the date of receipt in inspection of the corresponding bench warrant with a sentence copy (definitions, decisions);

- dismissed in a term of serving the punishment from a former place of work and not arrived for new work after 30 days from the date of dismissal;

- not working without valid excuse, including in connection with the illness caused by alcoholic, narcotic either toxic intoxication or actions, connected with it.

76. On the control account the condemned consist:

- 30 days which have not started to work before the expiration from the date of receipt in inspection of the corresponding bench warrant with a sentence copy (definitions, onFormation);

- not working for good reasons (illness, holiday and etc.) ;

- dismissed in a term of serving the punishment from a former place of work and not started new work before the expiration of 30 days from the date of dismissal;

- the territories which have left for limits, served inspection in which relation acknowledgement on reception of private affairs have not arrived;

- not working in connection with serving of an official penalty in the form of arrest, the maintenance under house arrest or under guards as a preventive punishment on another matter in serving of corrective works;

- in which relation in court the question on clearing of the further serving of corrective works in connection with a serious illness interfering serving of punishment, mental frustration, and also about a delay of serving of punishment in connection with pregnancy is solved;

- in which relation representations are directed to courts about replacement of corrective works with other kind of punishment according to a part of fourth article 50 of the Criminal code of the Russian Federation;

- being on physical examination for definition of group of physical inability, presence of mental frustration or other heavy illness;

- in which relation initial search actions are carried out.

77. On the account of the searched consist condemned, put on the wanted list service of criminal militia of territorial law-enforcement body.

78. Inspection conducts the daily account condemned and represents quarterly data on movement of their number to territorial body FSIN of Russia (the appendix 28).

79. Term of corrective works is estimated in months and years during which the condemned worked and from its salary deduction were made. In each month of a target date of punishment the quantity of the days fulfilled condemned, should be not less quantity of the working days having for this month.

80. The beginning of term of serving of corrective works is day of an exit condemned on work.

81. Term calculation is made on the basis of the data about quantity of the days which are subject to inclusion in time of serving of punishment. The specified quantity of days should be not less number of the working days having according to the schedule of work of the organisation on calendar term every month and established by court of punishment.

If the condemned has not fulfilled the specified quantity of days and there are no the bases established Criminally - the executive code of the Russian Federation, for offset of unfinished days in time punishments, serving of corrective works proceeds before full working off condemned the put quantity of the working days.

82. In the organisations where the total account of working hours is applied, punishment term is estimated proceeding from duration of working hours for the registration period which is not exceeding established quantity of working hours.

83. Holding in custody time in connection with commission of crime for which corrective works are appointed, and also time of serving of imprisonment from the moment of removal of definition (decision) of court about imprisonment replacement with corrective works till the moment of actual clearing from - under guards is set off at the rate of one day of holding in custody for three days of corrective works.

84. In case of approach of mental frustration or other serious illness interfering serving of punishment, inspection explains condemned its right to a reference to the court with the petition for clearing of the further serving of punishment. If necessary helps it in petition preparation in court.

85. In case of a recognition condemned by the invalid of the first or second group inspection directs to court representation (the appendix 19) about its early release from the further serving of punishment, and at approach of pregnancy condemned - representation (the appendix 19) about a delay to it servings of punishment from the date of holiday granting on pregnancy and sorts.

86. In time punishment servings it is not set off:

- time during which condemned did not work for good reasons (illness, any kinds of holidays and etc.) ;

- time of the illness caused by alcoholic, narcotic either toxic intoxication, or the actions connected with it;

- time of serving of an official penalty in the form of arrest, and also maintenance time under house arrest or under guards as a preventive punishment on another matter in punishment serving.

87. From a salary of the condemned deduction in the size established by a sentence of court are made.

88. The beginning of manufacture of deduction from a salary condemned to corrective works is day of an exit condemned on work.

89. Deduction are made from a salary condemned for each fulfilled month, including all kinds of additional payments, in t. ch. The monetary awards provided by system of payment if they do not carry character of single compensation. At deduction dismissal are made for the worked part of month.

90. Deduction are made without an exception of a salary condemned taxes and other payments, and also irrespective of presence to it of claims under executive documents. The general size of deduction from a salary under several executive documents (corrective works, the alimony, judicial claims) cannot exceed 70 percent.

91. By manufacture of deduction the monetary and natural part of a salary of the condemned is considered. The withheld sums are listed by administration of the organisation the payment order in the corresponding budget monthly.

92. Deduction are not made from the grants received condemned as social insurance and social security, from payments of single character, except for monthly insurance payments on obligatory insurance upon accidents on manufacture and occupational diseases.

93. Temporary disablement allowances condemned are estimated from its salary minus deduction in the size established by a sentence of court.

94. In case of deterioration of financial position condemned inspection explains condemned its right of a reference to the court with the petition for decrease in the size of deduction from its salary. The decision on decrease in the size of deduction is taken out taking into account all incomes of the condemned.

95. At reception of settlement data (the appendix to the appendix 25) inspection checks correctness and timeliness of manufacture and transfer of deduction and brings their data in the registration form condemned (the appendix 26). In case of detection of infringements takes measures to their elimination.

Settlement data are filed in special business, and in registration forms condemned the reference to serial number under which these documents are filed in business becomes.

96. Employees of inspection are not more rare than an once in six months check correctness of deduction from a salary condemned directly in a place of their work. About results of check the statement is drawn up (the appendix 29) in duplicate, one of which remains in the organisation, and the second with a mark of the representative of administration of the organisation about acquaintance with the certificate is stored in inspection and used for control over elimination of lacks.

97. In cases if the administration of the organisation does not fulfil a duty on correct both timely manufacture and transfer of deduction from a salary condemned, inspection directs about it materials to bodies of Office of Public Prosecutor for attraction of guilty officials to responsibility according to article 315 of the Criminal code of the Russian Federation.

98. If the sentence of court concerning condemned to corrective works is excellent or changed with removal of action, the sums unduly withheld from a salary condemned, come back to it completely. The basis for return is definition (decision) of supervising instance about cancellation or change of a sentence and removal of action.

99. Inspection directs To day of the termination of term of punishment in a place of work condemned the message (the appendix 30) about departure of corrective works by it and suggests organisation administrations to stop deduction from its salary. At clearing condemned on other bases the organisation administration is notified not later than a next working day after reception of corresponding documents by inspection. Condemned the inquiry (the appendix 31) about departure of punishment or clearing of it stands out.

100. Condemned to corrective works are obliged:

- to observe an order and conditions of serving of punishment;

- honesty to concern work;

- to be in inspection on its call or for registration;

- to inform in inspection on change of a place of work and a residence within 10 days.

101. Inspection spends educational work with condemned with assistance of administration of the organisations in which they work.

public associations (organisation) can be involved In carrying out of educational work 9 .

102. Educational work represents a series of measures, promoting overcoming condemned personal deformations, to intellectual, spiritual development, pravoposlushnomu to behaviour and social adaptation, and also purposeful positive influence on condemned by their inclusion in various spheres of ability to live (labour, general educational, public).

103. Educational work is carried out taking into account the person of the condemned crime committed by it, its relation to work, execution of the assigned duty, and also other significant circumstances.

104. The basic forms of educational work are:

- individual and group conversations with condemned on an explanation of an order and conditions of serving of corrective works;

- conversations with relatives condemned and the persons, capable to render on them positive or negative influence;

- visiting condemned in a residence for the purpose of studying of their behaviour in a life and a way of life;

- visiting of workplaces condemned, carrying out of conversations with them and representatives of administration of the organisations to whom control over behaviour condemned on manufacture, and carrying out with them of educational work is assigned;

- carrying out of other educational actions promoting correction condemned.

105. Infringement of an order and serving conditions condemned corrective works is:

- absence from work without valid excuse within 5 days from the date of reception of the instruction of inspection;

- absence in inspection without valid excuse;

- a prorumble or occurrence on work in a condition of alcoholic, narcotic or toxic intoxication;

- infringement of the established duty to be on registration.

106. Within three working days after revealing of any of listed in point 105 of the present Instruction of infringements the condemned is caused in inspection (it is visited in a residence).

107. In day of an appearance of condemned or its visiting in a residence inspection repeatedly leads with its discussion about necessity of observance of an order and conditions of serving of corrective works, selects at it an explanation about the reasons of the admitted infringement, and if necessary will obtain on demand the documents confirming presence of the objective reasons of non-observance of the established order and conditions of serving of punishment. The inquiry on conversation and an explanation of the condemned join its private affair.

108. In the absence of good reasons inspection takes out condemned the prevention in writing (the appendix 21) about replacement of corrective works with other kind of punishment. If necessary obliges condemned to two times a month to be in inspection for registration. In this case the decision (the appendix 32) which appears condemned under a list is taken out, and the registration sheet (the appendix to the appendix 32) is filled.

109. In case of absence condemned on a call or on registration without valid excuse inspection takes out the decision about a drive (the appendix 33) and delivers condemned.

110. It is malicious evading from serving of corrective works admits condemned, admitted repeated infringement of an order and conditions of serving of punishment after the announcement to it of the prevention in writing for any of specified regarding the first article 46 Criminally - the executive code of the Russian Federation, and also disappeared with a residence condemned which site is not known.

111. Concerning condemned, it is malicious punishment evading from serving, inspection directs to court representation (the appendix 19) about replacement of corrective works with other kind of punishment according to a part of third article 50 of the Criminal code of the Russian Federation.

In representation the concrete facts of evasion of the punishment condemned from serving are specified: During what time it was not for work from the date of reception of the instruction and on a call in inspection or on registration without valid excuse, quantity progulov, occurrences on work in a condition of the alcoholic or narcotic intoxication, what measures of influence were accepted to it in a place of work, a residence and from inspection as it reacted to them, and also presence of collectings and drives. Characteristics are applied on representation from a place of work condemned, the information of the district militia officer of militia, an explanation condemned and other documents.

Concerning condemned which site is not known, in representation results of initial search actions and available data that it has disappeared for the purpose of evasion from serving of corrective works are specified.

112. Representation about replacement of corrective works with other kind of punishment goes to court within 15 days from the date of revealing of repeated infringement of an order and conditions of serving of corrective works, and concerning the person who have disappeared from a residence, - after carrying out of initial search actions.

113. Initial search actions and the further actions of inspection concerning condemned, disappeared from a residence which site is not known, are carried out in an order established in chapter of VII present Instruction.

114. In default vessels in replacement of corrective works with other kind of punishment repeated representation on this question is brought after fulfilment condemned new, any of listed in point 108 of the present Instruction of infringements of an order and conditions of serving of punishment.

V. Control over behaviour it is conditional ξρσζδεννϋυ1 10

115. Control over behaviour conditionally condemned during a trial period is carried out by inspections in a residence conditionally condemned.

116. In an order provided by the legislation of the Russian Federation and standard legal certificates, in control over behaviour conditionally condemned, observance of a public order by them and execution of the duties assigned by court employees of law-enforcement bodies participate.

117. Inspection, having received the bench warrant with a sentence copy (definitions, decisions, instructions), registers them in magazine of incoming documents and in a log-book condemned (the appendix 34), and then legalises papers in an order established in chapter of I present Instruction.

118. After statement on the account conditionally condemned it is caused in inspection for conversation carrying out in which course duties, consequences of their default and liability of infringement obshchestven are explained to itnogo an order or fulfilment of a new crime, about what the subscription is selected (the appendix 35), are specified and checked biographical particulars, are found out data on near relations and persons which can influence on condemned, and also other questions important for control of its behaviour. About results of conversation the inquiry which together with a subscription joins a private affair of the condemned is made.

119. Conditionally condemned is obliged to report to inspection about the behaviour, to fulfil the duties assigned by court, to be on a call in inspection.

120. With a view of control over behaviour conditionally condemned in a trial period inspection:

- is not more rare than an once in a quarter checks conditionally condemned on special accounts of law-enforcement body about revealing of new offences and bringing to criminal liability. Inquiries on results of check are filed in private affairs conditionally condemned;

- takes part in the preventive actions spent by law-enforcement bodies on check conditionally condemned on residence and in public places. Inquiries on results of check are filed in private affairs conditionally condemned;

- regularly (is not more rare than an once in a quarter) directs to corresponding divisions of law-enforcement bodies lists conditionally condemned, put on the inspection account. Inquiries on carrying out join a private affair of the condemned with it of preventive conversations and all materials, concerning behaviour condemned and executions of duties by it, and also explanations condemned and other documents.

121. Concerning conditionally condemned to which the court assigns duties not to change a work or study place without notice inspection, to receive medical treatment for alcoholism, a narcotism, glue sniffing or venereal disease, notifies administration of the organisation, educational institution and medical institution.

122. Concerning conditionally condemned to which the court assigns a duty to be in inspection for registration, the registration sheet (the appendix to the appendix 32) is got.

123. For good behaviour and diligent execution conditionally condemned the duties assigned by court during a trial period the court on inspection representation can cancel the duties in full or in part established for it.

124. If before the trial period expiration conditionally condemned by the behaviour has proved the correction, court on inspection representation (the appendix 19) can decide about cancellation of conditional condemnation and about removal from it previous convictions after not less half of established trial period.

In representation the data characterising the person conditionally condemned, its behaviour and execution assigned on it by court of duties is stated. Characteristics are applied on representation from a work and study place, the information of the district militia officer of militia and division on affairs of minors of law-enforcement body about its behaviour and a way of life, and also other documents confirming its correction.

In case of the positive decision of the specified question in a log-book the corresponding mark becomes, the district militia officer of militia, passport - visa service, division on affairs of minors of law-enforcement body is informed, the administration of the organisation (educational institution) where works (studies) conditionally condemned.

125. At absence conditionally condemned in inspection on a call or on registration without valid excuse it can be subjected to a drive. In this case inspection takes out the decision about a drive (the appendix 33) and delivers condemned. Thus it is recommended to address to the chief of law-enforcement body with the petition for rendering assistance in dostavlenii conditionally condemned in inspection.

126. In case of default conditionally condemned the requirements specified in point 119 of the present Instruction, and also in the presence of other circumstances testifying to expediency of addition of available duties, the chief of inspection brings in court representation (the appendix 19) about putting on on it of additional duties.

At the positive decision of a question on addition of duties the corresponding mark in a log-book conditionally condemned becomes, interested services of law-enforcement bodies, and also other bodies and establishments are informed.

127. If conditionally condemned has evaded from execution assigned on it court of duties or has made public order infringement for which on it the official penalty has been imposed, inspection directs to court representation (the appendix 19) about prolongation of a trial period no more than for one year.

About prolongation conditionally condemned a trial period the mark in a log-book and kontrolno - srokovoj to a card becomes, the administration of the organisation (educational institution) in which it works is informed (studies), the district militia officer of militia, division on affairs of minors and passport - visa service of law-enforcement body.

128. At evasion conditionally condemned from execution assigned to it court of duties or at infringement of a public order by it for which on it the official penalty has been imposed, inspection causes conditionally condemned, leads with its preventive discussion, selects at it an explanation and takes out the prevention in writing (the appendix 36) about possibility of cancellation of conditional condemnation. The inquiry on conversation carrying out, an explanation and the prevention join a private affair conditionally condemned.

129. In case of evasion conditionally condemned from control over its behaviour inspection carries out initial actions for an establishment of its location and the evasion reasons.

Initial search actions and the further actions of inspection concerning disappeared conditionally condemned are carried out in an order established in chapter of VII present Instruction.

130. In case of regular or malicious default conditionally condemned during a trial period assigned to it court of duties or if conditionally condemned has disappeared from control, the chief of inspection directs to court representation (the appendix 19) about cancellation of conditional condemnation and an execution of the punishment, the court appointed a sentence.

131. Regular default of duties are fulfilment forbidden or default ordered conditionally condemned actions more than two times within a year or long (more than 30 days) default assigned on it court of duties.

132. Disappearing from control admits conditionally condemned which site is not established within more than 30 days.

133. In representation about cancellation of conditional condemnation the concrete facts of evasion condemned from execution of the duties assigned to it, public order infringement, time during which it was not in the inspection are specified, what measures of influence were accepted to it as it reacted to them, and also presence of drives.

Concerning conditionally condemned which site is not known, in representation available data that it has disappeared from inspection control, and also results of initial search actions are specified.

characteristics are applied On representation from a place of work, study, the information of the district militia officer of militia, division on affairs of minors of law-enforcement body about behaviour of conditionally condemned, its explanation and other documents.

134. In default vessels in satisfaction of representation of inspection about prolongation of a trial period or cancellation of conditional condemnation following representation is brought in court after fulfilment conditionally condemned one more infringement of the public order which has entailed application of measures of an official penalty, or continuation of default of the duties assigned by court.

135. The Trial period is estimated from the moment of the introduction of a sentence of court into validity.

136. After a trial period control over behaviour conditionally condemned stops, and it is struck off the register in an order established in chapter of VIII present Instruction.

VI. Control over behaviour of the condemned women, which court the delay of serving of punishment

137 is given. Control over behaviour of the condemned women, which court the delay of serving of punishment is given (further the condemned women), in a delay of serving of punishment is carried out by inspection in a place of their residence.

138. In day of clearing condemned the correctional facility directs to inspection in a place of its residence a copy of definition of court about a delay of serving of punishment with instructions of date of clearing on which are applied: The characteristic of the condemned woman, the inquiry on the consent of relatives to accept it and the child to give them habitation and to create necessary conditions for residing or the inquiry on presence at it habitation and necessary conditions for residing with the child, medical certificate about pregnancy or a copy of the birth certificate of the child or the inquiry on presence of the child, and also its subscription about an appearance in inspection in three-day term from the date of arrival.

139. Inspection, having received a copy of definition of court, registers it in magazine of incoming documents and in a log-book condemned (the appendix 37), and then legalises papers in an order established in chapter of I present Instruction. Simultaneously guardianship and guardianship bodies are notified on statement on the account of the condemned woman in a place of its residence for interaction realisation in maintenance of control over education of the child and care of it.

140. Conversation in which course conditions of a delay of serving of punishment, consequences of their default and responsibility for infringements of a public order, labour discipline, fulfilment of a new crime, and also for evasion from education of the child and care of it about what the subscription (the appendix 38) is selected are explained to it is spent to day of an appearance in inspection with the condemned woman. The inquiry on conversation and a subscription are filed in its private affair. Besides, biographical particulars, data on near relations of the condemned woman and other questions important for control of its behaviour are specified and checked.

141. In case of employment of the condemned woman inspection directs the message (the appendix 39) to organisation administration in a place of its work.

142. In case of a non-arrival of the condemned woman in fortnight term from the date of its clearing inspection carries out initial search actions in an order established in chapter of VII present Instruction.

143. With a view of control over observance by the condemned woman of conditions of a delay of serving of punishment inspection:

- monthly checks the condemned woman under existing accounts of law-enforcement bodies about revealing of new offences and bringing to criminal liability;

- is not more rare than an once in a month visits the condemned woman in a residence for the purpose of revealing of the facts of evasion from education of the child and care of it. About results of check the inquiry is made and joins a private affair of the condemned;

- gives preventive talks with the condemned woman, its relatives and persons which can make on its positive impact. Takes measures to prevention from its party of cases of evasion from duties on education of the child and care of it, infringements of a public order, labour discipline and repeated crimes;

- carries out other actions connected with control of behaviour of the condemned woman, its way of life and the relation to education of the child.

144. In case of infringement of labour discipline by the condemned woman, entailed application of measures of summary punishment, inspection requests corresponding materials (extracts from orders on summary punishments, characteristics and so forth) And if necessary carries out exits in a place of its work.

145. Within ten days after revealing of the fact of infringement of a public order or the labour discipline, entailed application of measures administrative or summary punishment or if the condemned woman evaded from education of the child and care of it, inspection causes the condemned woman or visits her in a residence, selects at it an explanation about the reasons of the admitted infringement, leads preventive discussion, declares the prevention (the appendix 40).

146. In cases if the condemned woman has refused the child or continues to evade after the declared prevention from education of the child and care of it, inspection brings in court representation (the appendix 19) about cancellation of a delay of serving of punishment and about a direction condemned for serving of the punishment appointed a sentence of court. In representation about cancellation of a delay of serving of punishment the concrete facts of evasion of the condemned woman from education of the child and care of it, and also the data characterising its behaviour are stated. On representation are applied: a copy of definition of court about a delay of serving of punishment and the materials, testifying that she has refused the child or about evasion of the condemned woman from education of the child and care of it, the characteristic from a work and residence place, the information of the district militia officer of militia, division on affairs of minors of law-enforcement body, guardianship and guardianship body about its behaviour and a way of life, other documents.

147. The condemned woman is considered evading from education of the child if it, officially without having refused the child, has left it in maternity hospital either has transferred in children`s home or conducts an antisocial way of life and is not engaged in education of the child and care of it, or has left the child to relatives or other persons, or has disappeared from inspection control, or makes other actions testifying to evasion from education of the child.

148. If the condemned woman has disappeared, inspection carries out initial search actions in an order established in chapter of VII present Instruction.

Concerning the disappeared condemned woman in representation available data that it has disappeared for the purpose of evasion from education of the child and care of it, and also results of initial search actions are specified.

149. On reaching the child of fourteen-year age or in case of his death inspection taking into account character and degree of public danger of the committed crime, behaviour condemned and its relations to education of the child left and not left terms of punishment directs to court representation (the appendix 19) about clearing of the rest of punishment condemned from serving or about replacement of the remained not left part of punishment with softer kind of punishment.

In representation the data characterising the person, behaviour and the relation of the condemned woman to education of the child in a delay of serving of punishment are stated, the left and not left term of punishment appointed a sentence of court is underlined. The information of the district militia officer of militia, division are applied on representation on affairs of minors of law-enforcement body, guardianship and guardianship body about its behaviour, a way of life and other documents the characteristic from a place of work of the condemned woman.

VII. An order of carrying out of initial actions for search condemned which site is not known 11

150. Initial actions for search condemned to corrective works, the obligatory works, conditionally condemned and condemned women who have disappeared from serving of punishment or control, are spent by inspection on which account they consist.

Initial meroprijatija on search of the persons, which court not left part of punishment in the form of imprisonment is replaced with corrective works, obligatory works, conditional condemnation, and also the condemned women who have not arrived to fortnight term after clearing from correctional facility in settlement, selected for residing, the inspection serving territory of given settlement carries out.

Initial actions for search of the condemned are spent since the moment when inspection knew about its disappearance.

151. At carrying out of initial actions for an establishment of a site condemned inspection:

- interviews relatives, neighbours and other citizens for whom data on a probable site condemned can be known or other data which can promote its search;

- establishes through the organisation where worked condemned, data on its possible site, and also through adresno - information bureau, under the house register, adresno - a help card file of law-enforcement body, a military commissariat about its removal from the registration account in a residence;

- carries out check under accounts of law-enforcement bodies for the purpose of revealing disappeared among the arrested persons arrested, defendants and before registered in search, and also under accounts of medical institutions, mortuaries and bureau of registration of accidents;

- directs inquiries to law-enforcement bodies of other regions for an establishment searched on a residence of its relatives and acquaintances.

the Materials received during initial search actions for an establishment of a site condemned, concentrate in a separate folder at its private affair.

152. In carrying out of initial search actions for an establishment of a site disappeared condemned to inspection is assisted by division of search of territorial body FSIN of Russia within the competence.

153. If within more than 30 days as a result of initial search actions the site condemned, listed in point 150 of the present Instruction, is not established, inspection directs to court representation (the appendix 19) about replacement of obligatory works, corrective works as more strict kind of punishment, cancellation of conditional condemnation or a delay of serving of punishment and execution of the punishment appointed court.

Simultaneously with representation to court go a sentence copy (definitions, decisions) and materials of initial search actions for an establishment of a site condemned.

154. Disappeared from a residence condemned to obligatory works or the corrective works which site is not known, it is put on the wanted list and can be detained for the term up to 48 hours. The given term can be prolonged court till 30 days.

155. The question on imprisonment condemned, disappeared for the purpose of evasion from serving of punishment in the form of obligatory works, corrective works or freedom restriction, is considered by court on law-enforcement body representation in a place of detention condemned.

VIII. Removal condemned from the account 12

156. Serving of punishment in the form of right deprivation to occupy certain posts or to be engaged in certain activity, obligatory works, corrective works stops last day term of punishment taking into account those changes which punishments according to the law can be brought in time.

to the Persons served time in the form of corrective works or released from it on other bases, inquiries (the appendix 31) stand out.

157. The Early release condemned from punishment serving in connection with approach of mental frustration, other serious illness and physical inability is made in day of receipt in inspection of corresponding documents and if documents are received after the termination of the working day - morning of next day.

158. Removal from the account of the obligatory works condemned in connection with replacement, corrective works as other kind of punishment, for a new crime is made by cancellation of conditional condemnation and a delay of serving of punishment, clearing of the condemned women of serving of punishment or replacement of the remained not left part of punishment with softer punishment, and also condemnation on the basis of judgements in day of their reception.

159. Removal condemned from the account after departure of punishment in the form of obligatory works, corrective works, right deprivations to occupy certain posts or to be engaged in certain activity and conditionally condemned after a trial period it is made under the official report of the employee of the inspection, confirmed by the chief of inspection.

160. After removal from the account of the person who are subject to an appeal on active duty (the citizen of Russia), the message goes to a corresponding military registration and enlistment office (the appendix 41).

161. 0 removal from the account condemned to the obligatory works, conditionally condemned, the condemned woman and the right condemned to deprivation to occupy certain posts or to be engaged in certain activity the message (the appendix 42) in passport - visa service of law-enforcement body goes.

162. About the minors struck off the register condemned to obligatory works, the corrective works, conditionally condemned and condemned women lists monthly go to division on affairs of minors of law-enforcement body.

163. About date and the basis of removal condemned from the account marks in a log-book condemned, a private affair and in the registration form condemned to obligatory works or corrective works become. Private affairs condemned, struck off the register, are written off by the chief of inspection in archive.

164. Condemned inspections on following bases are struck off the register:

- after departure of term of punishment in the form of obligatory works, corrective works and right deprivation to occupy certain posts or to be engaged in certain activity, after a trial period, term of a delay of serving of punishment;

- at replacement of obligatory works with other punishment according to a part of third article 49 of the Criminal code of the Russian Federation;

- at replacement of corrective works with other punishment according to a part of third article 50 of the Criminal code of the Russian Federation;

- at cancellation of conditional condemnation and an execution of the punishment, the court appointed a sentence;

- at cancellation of a delay of serving of punishment and a direction condemned for serving of the punishment appointed a sentence of court;

- at clearing of the condemned woman of serving of the rest of punishment or replacement of not left part of punishment with softer kind of punishment;

- in connection with an early release from serving of obligatory works, corrective works in case of mental frustration, a serious illness, physical inability;

- in connection with cancellation of conditional condemnation and previous conviction removal;

- owing to the amnesty certificate;

- owing to the pardon certificate;

- owing to cancellation of a sentence with removal of action by manufacture;

- in connection with condemnation for fulfilment of a new crime;

- in connection with residence change at departure from the territory served by inspection;

- in connection with death;

- on other bases provided by the legislation of the Russian Federation.

165. On the persons who have left before the termination of term of punishment, a trial period, a delay of serving of punishment from the territory served by inspection, in connection with residence change messages in inspection in a new residence are sent. If the inspection disposition is unknown, the message goes to corresponding territorial body FSIN of Russia.

Private affairs concerning condemned to obligatory works, corrective works, the copies of registration forms assured by the press and the signature of the chief of inspection, are sent by a registered mail on demand of inspection in a new residence of the condemned. About reception of a private affair and a copy of the registration form the inspection serving territory in a new residence condemned, immediately sends acknowledgement in the inspection which has sent documents.

166. The documents confirming the bases for removal condemned with account of inspection, are:

- at replacement of not left term of obligatory works, corrective works as other punishment, cancellation of conditional condemnation and a delay of serving of punishment, clearing of the condemned woman or replacement to it not left part of punishment by softer, sentence cancellation in connection with removal of action by manufacture, an early release - copies of definitions (decisions) of corresponding judicial bodies;

- concerning the persons, left obligatory works, corrective works - the registration form in which calculation of the fulfilled time established by a sentence of court is made. In the registration form of the person, left corrective works, the total sum of its salary and the deduction made from it 13 is reflected;

- the Decree of the President of the Russian Federation about pardon, the decision of the State Duma of Federal Meeting of the Russian Federation about amnesties, and also the federal laws eliminating criminality of act;

- a copy of a sentence of court with the order about its introduction into validity concerning the new crime condemned for fulfilment;

- the inquiry on death condemned, given out to the representative on that body;

- acknowledgement on reception of a private affair and statement condemned on the account in inspection in a new residence.

167. Terms and order of storage of private affairs and registration documents:

- private affairs condemned are stored within 1 year from the date of their removal from the account of inspections;

- registration forms condemned to obligatory works, corrective works - 3 years;

- log-books condemned - 5 years;

- magazines entering and outgoing documents - 5 years;

- reports on number and movement condemned - 3 years;

- affairs with correspondence concerning execution of sentences of courts - 3 years;

- affairs with settlement data - 1 year. Time readout is made since January, 1st of the year following after year of the termination of materials by manufacture. The period of storage of registration forms condemned to obligatory and corrective works is similarly estimated.

Private affairs and registration forms condemned, struck off the register, are stored in packs on months and years, and in packs - in alphabetic order.

_____________

1 the Given chapter is developed on the basis of item 23 of the Federal law from March, 28th, 1998 N 53 - FZ “ About a conscription and military service “; item 10, 11 Laws of the Russian Federation from April, 18th, 1991 N 1026 - 1 “ About militia “; item 21 of the Federal law from June, 24th, 1999 N 120 - FZ “ About bases of system of preventive maintenance of neglect and offences of minors “; item 70, 86 Criminal codes of the Russian Federation; item 393, 397, 399, 409 Criminally - the remedial code of the Russian Federation; item 16, 20, 177 Criminally - the executive code of the Russian Federation.

2 Further - inspections.

3 the Resulted order of statement condemned on the account extends on the persons listed in chapters II - VI present Instruction.

4 On each category of the condemned the separate magazine is got.

5 the Resulted order of conducting and storage of private affairs and a card file is similar for the persons listed in chapters II - VI present Instruction.

6 the Given chapter is developed on the basis of item 47, 88 Criminal codes of the Russian Federation; item 33 - 38 Criminally - the executive code of the Russian Federation; Positions about criminally - executive inspections.

7 the Given chapter is developed on the basis of item 49, 72, 81, 88 Criminal codes of the Russian Federation; item 399 Criminally - the remedial code of the Russian Federation; item 25 - 30, 173, 175 Criminally - the executive code of the Russian Federation; item 63, 92, 94, 270 Labour codes of the Russian Federation.

8 the Given chapter is developed on the basis of item 50, 72, 81 Criminal codes of the Russian Federation; item 107, 108, 399 Criminally - the remedial code of the Russian Federation; the item 23, 39 - 46, 173, 175 Criminally - the executive code of the Russian Federation; item 138 of the Labour code of the Russian Federation.

9 For example, councils of labour collectives, the trade-union organisations, boards of guardians, the religious organisations, etc.

10 the Given chapter is developed on the basis of item 73, 74 Criminal codes of the Russian Federation; item 187 - 190 Criminally - the executive code of the Russian Federation.

11 the Given chapter is developed on the basis of item 397, 399 Criminally - the remedial code of the Russian Federation; item 29, 30, 46, 178, 188, 190 Criminally - the executive code of the Russian Federation.

12 the Given chapter is developed on the basis of item 173 Criminally - the executive code of the Russian Federation.

13 In the presence of this data the delay of transfer of the specified sums from a salary condemned is not an obstacle to removal from the account. Registration forms and private affairs of such withheld sums condemned to full transfer are put by inspection on control.