Compulsory labor is applied as a type of administrative punishment for offenses committed after January 1, 2013. Previously, this sanction was absent in our administrative legislation.

In this article:

Administrative punishment in the form of compulsory work

You and I are gradually returning to the system of punishments used in Soviet times, when offenders were responsible for re-education through work.

Community service, applied to violators of public order, is an incentive for education in the spirit of legality. Moreover, few people would want to perform any kind of community service next time in front of their friends or relatives.

Concept and features of compulsory work

Compulsory work is usually understood as the performance by citizens of a certain type of generally useful work for an administrative offense. The work is carried out in free time from the main job or if the offender is a student, then in free time from study.

There is no payment for performing mandatory work; everything is done free of charge.

Mandatory work can take the form of cleaning streets, administrative buildings, construction sites, harvesting, caring for the sick and other work that will be useful for society or the state. And most importantly, they will benefit the offender, who will think about whether it is worth committing illegal acts again in the future.

For example, compulsory work can be used as an alternative for persons who have committed a transport offense and are deprived of their driving rights, along with arrest.

In addition, compulsory labor may be applied in cases where a citizen evades the execution of other administrative penalties, for example, does not pay fines.

The procedure for applying mandatory work

This type of general utility work is subject to assignment in accordance with the order issued by the judge. For mandatory work, the limits of their implementation are provided. Thus, the minimum time of compulsory work cannot be less than twenty hours and no more than two hundred hours.

The procedure for serving the sentence provides for a daily norm that should not exceed four hours. This is the most optimal time after work or study, after which the citizen should have time to rest.

The following categories of citizens are not required to carry out work by court decision:

• For pregnant women for whom all work is contraindicated
• For women raising children under three years of age
• For disabled people of the first and second groups
• In relation to military personnel there are exceptions in application
• Employees of the police, drug control, and penitentiary systems

Execution of the decree on compulsory work

The execution of this work is entrusted to bailiffs, who, on the basis of a judge’s decision, control the process of carrying out this type of administrative punishment.

Places for such work are approved by the municipality or regional authorities. At the same time, violators of legal discipline are sent to those jobs that do not require special skills or professions.

Ten days are given to implement the instructions in the resolution, from the moment the bailiff initiated the relevant proceedings.

If a citizen evades performing mandatory work, the punishment may be increased and administrative arrest may be applied.

ST 3.13 Code of Administrative Offenses of the Russian Federation

1. Compulsory work consists of performing free socially useful work by an individual who has committed an administrative offense during his free time from his main job, service or study. Compulsory work is assigned by the judge.

2. Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day. The maximum time of compulsory work may be increased to eight hours a day in the manner prescribed by Part 10 of Article 32.13 of this Code.

3. Compulsory labor does not apply to pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as to employees of the Investigative Committee of the Russian Federation and internal affairs bodies with special ranks , troops of the National Guard of the Russian Federation, bodies and institutions of the penal system, the State Fire Service and customs authorities.

Commentary to Art. 3.13 of the Code of Administrative Offenses of the Russian Federation

1. Compulsory labor is a new type of administrative punishment, which was included in the law under comment in 2012, and can only be established by the Code of Administrative Offenses of the Russian Federation.

2. Compulsory labor is not identical to the administrative penalty contained in the Code of Administrative Offenses of the RSFSR in the form of corrective labor, which was applied for a period of up to two months, served at the place of permanent work of the person who committed the administrative offense, and with the withholding of up to 20% of his earnings to the state.

3. This type of administrative punishment can be established and applied only to individuals as the main administrative punishment, i.e. compulsory work applies only to a special subject - a citizen.

4. The essence of this administrative punishment imposed by a judge is that compulsory work consists of performing free community service by an individual who has committed an administrative offense; are served in their free time from their main job, service or study.

5. In accordance with Part 2 of Art. 3.13 of the Code of Administrative Offenses of the Russian Federation, compulsory work is established for a period of 20 to 200 hours and is served no more than four hours a day.

6. Part 3 art. 3.13 of the Code of Administrative Offenses of the Russian Federation contains exhaustive, i.e. not subject to broad interpretation, a list of persons to whom administrative punishment in the form of compulsory labor is not applied. These include: pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees of internal affairs bodies, bodies and institutions of the penitentiary system with special ranks, State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities.

7. The scope of application of administrative punishment in the form of compulsory labor is limited to the possibility of its appointment to individuals who have committed administrative offenses provided for in Part 2 of Art. 5.26 Code of Administrative Offenses of the Russian Federation “Violation of legislation on freedom of conscience, freedom of religion and religious associations”, Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation "Driving a vehicle by a driver who does not have the right to drive a vehicle", part 1 - 6 art. 20.2 of the Code of Administrative Offenses of the Russian Federation “Violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing”, Art. 20.2.2 of the Code of Administrative Offenses of the Russian Federation “Organization of mass simultaneous stay and (or) movement of citizens in public places resulting in a violation of public order”; Art. 20.18 Code of Administrative Offenses of the Russian Federation "Blocking of transport communications", part 1 and 2 of Art. 20.25 Code of Administrative Offenses of the Russian Federation “Evasion from the execution of administrative punishment”, Part 1 of Art. 20.31 Code of Administrative Offenses of the Russian Federation "Violation of the rules of behavior of spectators during official sports competitions."

8. When assigning compulsory labor to persons who have committed administrative offenses under Art. Art. 20.2, 20.2.2, 20.18 Code of Administrative Offenses of the Russian Federation, judges should be guided by the Resolution of the Constitutional Court of the Russian Federation dated February 14, 2013 N 4-P “On the case of verifying the constitutionality of the Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses” and the Federal Law “On Assemblies” , rallies, demonstrations, processions and picketing" in connection with a request from a group of State Duma deputies and a complaint from citizen E.V. Savenko", which contains the following decision.

Recognize the interrelated provisions of paragraphs 4, 7, 8, 9 and 10 of Art. 1 of the Federal Law of 06/08/2012 N 65-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses and the Federal Law "On Meetings, Rallies, Demonstrations, Processions and Picketing", providing for compulsory work as a type of administrative punishment for violations related to with the organization or conduct of meetings, rallies, demonstrations, processions and picketing or the organization of mass simultaneous presence and (or) movement of citizens in public places, resulting in a violation of public order:

To the extent that they are not associated with an invasion of the property rights of citizens, do not imply deprivation of the offender’s freedom and are not an unacceptable method of forced labor, consistent with the Constitution of the Russian Federation;

To the extent that in the system of current legal regulation, the imposition of this type of administrative punishment is permitted not only in the event of harm to the health of citizens, the property of individuals or legal entities, or the occurrence of other similar consequences, but also in the event of only a formal violation of the established procedure for organizing or conducting public events that do not comply with the Constitution of the Russian Federation, its Part 1, Art. 1, part 1 art. 19, art. 31, part 2 art. 37 and part 3 of Art. 55.

The federal legislator must, based on the requirements of the Constitution of the Russian Federation and taking into account the legal positions of the Constitutional Court of the Russian Federation, expressed in particular in this Resolution, make the necessary changes to the legal regulation of administrative punishment in the form of compulsory labor.

Pending appropriate changes to the legal regulation, compulsory work may be applied as an administrative punishment for those provided for in Art. Art. 20.2, 20.2.2 and 20.18 of the Code of Administrative Offenses of the Russian Federation are administrative offenses only if they entailed harm to the health of citizens, the property of individuals or legal entities, or the occurrence of other similar consequences.

The corresponding amendments introduced by 65-FZ and put into effect on 01/01/2013 provided for the introduction of mandatory work also in the field of administrative law.

Concept. What are they prescribed for?

Compulsory work, what is it? Execution of punishment in the form of compulsory labor is a type of punishment for a committed offense.

Article 3.13 of the Administrative Code Three differences between administrative mandatory work are indicated:

• these are useful works;
• they are performed only by officially employed citizens in their free time;
• work is performed free of charge.

Compulsory labor is a type of punishment under the articles of the Code of Administrative Offenses:

• 20.2. – for violations during mass events;
• 20.18. – for blocking the use of vehicles;
• 20.2.2. – in the event that disturbances occur during a crowd of people.

These articles of the Code of Administrative Offenses were considered by the Constitutional Court.

In the Resolution Constitutional Court of the Russian Federation 4-P dated February 14, 2013 it is noted that the assignment of compulsory work under the listed articles is permissible, if there was real damage to someone's health or property.

In the absence of harmful consequences, its use contradicts Articles 1, 19, 37, 55 of the Constitution of the Russian Federation.

According to Art. Code of Administrative Offenses 20.25 Administrative punishment in the form of compulsory labor is also applied for failure to comply with other administrative penalties - failure to pay a fine or arrest.

Unlike punishment for violations during various kinds of meetings and protests of citizens (this is a rather rare phenomenon in normal times), sanctions under this article can be applied widely and everywhere.

Article of the Code of Administrative Offenses of the Russian Federation 3.13. Mandatory work

1. Compulsory work consists of performing free socially useful work by an individual who has committed an administrative offense during his free time from his main job, service or study. Compulsory work is assigned by the judge.

2. Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day.

3. Compulsory labor does not apply to pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as to employees of the Investigative Committee of the Russian Federation and internal affairs bodies with special ranks , bodies and institutions of the penal system, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities.

Kinds

Types of compulsory work determined by municipal authorities in agreement with the regional branch of the SSP.

For example, the administration of the city of Usinsk in the Komi Republic has established the following types:

Do these jobs Violators must be found at both municipal utilities and private city service contractors. Mandatory work consists, as a rule, of improving the city.

Mandatory work is established exclusively by the judge.

Who carries out the punishment in the form of compulsory labor? Compulsory work may be assigned to the following categories of offenders:

• persons evading payment of a fine or arrest;
• organizers or managers of public events;
• participants of mass events if they personally violated the procedure for holding them;
• interfered with the movement of pedestrians, their access to transport, housing, social facilities, threatening compliance with safety regulations;
• damaged green spaces.

Mandatory work is assigned for up to 200 hours(the period of compulsory work cannot exceed this number of hours), this penalty is applied if the listed actions were carried out in the border zone, near the residences of the President of the Russian Federation, courts, and correctional institutions; damage to people's health and property was caused.

Mandatory work is not assigned to the following categories of people:

Compulsory work may apply to minors. Compulsory work for minors are prescribed for a period of 40 to 60 hours.

Daily value by age:

• 14 - 15 years - two hours;
• 15 - 16 years old - three hours;
• over 16 years – 4 hours.

Procedure and conditions of execution

The procedure and conditions for the execution of punishment in the form of compulsory labor are as follows: an offender punished with compulsory labor is involved in their execution by a bailiff no later than 10 days after their appointment.

Bailiffs are responsible for keeping track of the persons punished in this way, the time worked, and coordinating with local authorities their referral to specific organizations and their serving of work.

Organizations where persons serving sentences are sent take into account their attendance at work, monitor its implementation, and the amount of time worked.

Those punished are obliged to follow the instructions of the bailiff and the heads of the organizations to which they are sent, and to report a change in their place of residence.

Deadlines

The time required for compulsory work on weekdays is no more than 2 hours (with the consent of the person serving the sentence - 4 hours), no more than 4 hours on non-working days. For how long are compulsory works assigned? Compulsory work is established for a period of 60 to 200 hours.

The punished person must work at least twelve hours per week. The bailiff may allow you to work for less time if the punished person presents valid reasons.

The time of compulsory work cannot exceed four hours on weekends and on days when the convicted person is not engaged in his main job, service or study.

If the punished person is on regular leave or vacation during the period of serving this work, this does not affect the period of compulsory work.

Evasion of their implementation(failure to appear, refusal) in case of repetition is considered as an independent offense according to Art. Code of Administrative Offenses 20.25. Based on the relevant document from the organization where the offender served his sentence, the bailiff draws up a protocol.

Based on this protocol, the judge may impose on the perpetrator fine from 150 to 300 thousand rubles, arrest him for up to 15 days.

Application cases

A working pensioner, while completing compulsory work, decided to resign from his main place of employment. In this case, one of the main features of this punishment – ​​work in free time from paid work – disappeared. There is no reason to force a pensioner to continue to perform compulsory work.

A student punished with compulsory work defended his diploma (or was expelled from the university). According to the law, he loses the opportunity to perform compulsory work.

Conclusion

Fulfillment of the requirements first of the Criminal Code, then of the Code of Administrative Offenses, to introduce punishment of this type was repeatedly postponed due to the lack of a local base. Now in most regions such a base has been created. But a number of issues have not been resolved legislatively.

It is unclear what to do if, during compulsory work, a person is injured or has an occupational disease. Medical and social insurance are not provided in such a case, since an employment contract is not concluded.

Also, the problem of compulsory work in Russia is that the interests of the Bailiff Service are not taken into account: no material interest of the bailiffs supervising compulsory work is visible despite the obvious increase in their workload.

This type of punishment is very questionable from the point of view of the Constitution of the Russian Federation, international law, and the Labor Code. It can be assumed that our legislators are working to eliminate these conflicts.

(Administrative Code of the Russian Federation edition 2018-2019)

Code of Administrative Offenses

Article 3.13. Mandatory work

(introduced by Federal Law dated 06/08/2012 N 65-FZ)

1. Compulsory work consists of performing free socially useful work by an individual who has committed an administrative offense during his free time from his main job, service or study. Compulsory work is assigned by the judge.

2. Compulsory work is established for a period of twenty to two hundred hours and is served no more than four hours a day. The maximum time of compulsory work may be increased to eight hours a day in the manner prescribed by Part 10 of Article 32.13 of this Code.

(as amended by Federal Law dated May 1, 2016 N 135-FZ)

3. Compulsory labor does not apply to pregnant women, women with children under three years of age, disabled people of groups I and II, military personnel, citizens called up for military training, as well as to employees of the Investigative Committee of the Russian Federation and internal affairs bodies with special ranks , troops of the National Guard of the Russian Federation, bodies and institutions of the penal system, the State Fire Service and customs authorities.

(as amended by Federal Laws dated December 22, 2014 N 439-FZ, dated July 3, 2016 N 227-FZ, dated July 3, 2016 N 305-FZ)

Punishments are imposed by a judicial act for committing an offense under the Code of Administrative Offenses of the Russian Federation. This sanction consists of forced performance of work according to a list approved by local authorities. In this material, we will consider what duration of work the court can indicate in a ruling, and how the punishment is executed.

What it is

The norm on involving an offender in compulsory labor appeared in the Code of Administrative Offenses of the Russian Federation in 2012. This measure of influence is assigned as the main sanction and is characterized by the following features:

• cases related to the assignment of work can only be considered by the court - other authorized departments do not have the authority to establish such a sanction;
• the mandatory nature of the work implies their implementation under the control of FSSP employees who keep records of offenders and the conditions for the execution of punishment;
• the scope of work to be performed by the violator is approved by the municipal authorities in agreement with the FSSP service;
• mandatory work is performed outside the working day at the offender’s place of official employment;
• Regardless of the nature of the work performed, the citizen will not receive monetary compensation - this rule is expressly stated in Art. 32.13 Code of Administrative Offenses of the Russian Federation.

The practice of applying this has developed only in recent years. In particular, requirements were formed for the performance of work requiring special skills and knowledge, and restrictions were established on the maximum duration of work within a working day and week.

To whom the sanction cannot be applied

An article of the Code of Administrative Offenses of the Russian Federation may contain several types of basic sanctions that a court can apply to an offender. Mandatory work cannot be established for the following categories of citizens:

• pregnant women whose status is officially confirmed by a certificate from an antenatal clinic or other medical institution;
• women with children under 3 years of age, since their ability to work is temporarily limited;
• citizens who have a certificate of disability of groups I or II (this document is issued by MSEC institutions based on the results of a medical examination);
• persons serving in the ranks of the RF Armed Forces or called up for military training;
• subjects who have special ranks in the institutions of the National Guard of the Russian Federation, the Federal Customs Service, the fire service, the Ministry of Internal Affairs or the Investigative Committee of the Russian Federation.

Since there is also a ban on the listed persons, the court is obliged to use an alternative punishment - . Other categories of citizens may be required to perform compulsory work without restrictions.

Compulsory work can only be assigned to individuals. Officials or enterprises are not involved in this.

Term of punishment

The minimum and maximum duration of this measure of influence is regulated by Article 3.13 of the Code of Administrative Offenses of the Russian Federation. Compulsory work is established for a period of 20 to 200 hours. There is also a limit on the number of hours worked within one day - no more than 4 hours.

In some cases, it is allowed to increase the daily norm to 8 hours at the request of the offender (for example, if a citizen does not have an official place of work and he can serve his sentence on a different schedule). Extension of the terms of compulsory work is not allowed - after working the established number of hours, a citizen cannot be involved in unpaid work.

How is punishment assigned?

Based on the fact of the detected offense, a report is drawn up. At this stage, the official or authorized body does not have the right to determine the punishment for the violator, therefore the administrative material is sent for consideration to the court. The procedure for considering the case follows the following rules:

• the issuance of a judicial act is allowed even in the absence of the offender, if he was notified of the place and time of the meeting;
• when establishing the personal data of the offender, the court is obliged to find out whether it is possible to apply a measure of responsibility to the citizen in the form of compulsory work;
• the specific duration of the punishment is determined based on the social danger of the offense and other circumstances of the case.

The resolution comes into force after the deadline for appeal has expired, or immediately after consideration of the complaint by a higher authority. A judicial act that has entered into force is sent for enforcement to the FSSP service - bailiffs will monitor the proper implementation of mandatory work.

How does execution happen?

The rules for the execution of sanctions in the form of compulsory work are set out in Art. 32.13 Code of Administrative Offenses of the Russian Federation. Let us highlight the most important rules that the offender must follow:

• the scope of work and the list of organizations where the execution of punishment can take place is approved by a municipal act;
• the violator is obliged to start work every day after completing the working day at the place of permanent employment;
• the work rate on weekdays cannot exceed two hours, and on weekends - no more than 4 hours (the possibility of increasing the daily rate was indicated above);
• FSSP employees keep hourly records of time worked on the basis of documents received from the organization where the punishment is executed.

Certain types of work and functions that require special skills, qualifications or knowledge can be entrusted only to citizens who meet the specified requirements. Refusal to perform such work cannot be considered as evasion of punishment, and bailiffs are obliged to send the offender to another organization.

The procedure for serving the sentence provides for the following actions:

• after receiving the judicial act, the FSSP employee issues a resolution to initiate enforcement proceedings;
• the resolution must contain an indication of the place where the sentence will be served, as well as the period for the start of compulsory labor - it cannot exceed 10 days from the date of initiation of proceedings;
• the resolution is sent to the organization where the violator will be assigned mandatory work;
• upon completion of the entire period of the sanction, or in case of evasion of work, the organization is obliged to send a notification to the FSSP service.

If an offender refuses to perform compulsory work without good reason, or fails to appear at the place of serving his sentence, a corresponding notification is sent to the FSSP service. Repeated violations of the rules for serving a sentence in the form of compulsory labor will result in charges