Requirements for separate detention of prisoners sentenced to imprisonment.

Behind last years legal basis execution of criminal penalties has been significantly updated. Accepted legislative acts, incited to improve the activities of criminal executive agencies and authorities, to bring the order and conditions of serving sentences closer to generally recognized international standards.

The state in its activities to achieve the social goals that society and its political and power structures, is guided by a specific policy reflecting the principles, strategy, main directions and forms of implementation of various tasks.

If we talk about policy in the field of execution of criminal punishment, it is closely related to criminal policy, is determined and follows from social policy conducted by the state. State policy in the areas under consideration is multifaceted; it can be divided conditionally into policies in the field of: crime prevention, criminal law, penal enforcement, criminal procedural, post-penitentiary. In any case, all these areas are united in terms of goals, principles and strategy, and in close connection with each other

With exacerbation social relations moral foundations in society are weakened, which in turn leads to bitterness in relations between people. The attitude towards convicts in such conditions may not be as tolerant and humane as required international standards and rules. Conflicts based on ethnic hatred, it is no coincidence that the Constitution emphasizes: “... everyone is equal before the law and the court, no one can be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, religion, beliefs, place of residence or any other circumstances.”

IN in this case we will look at one of the main sections of the new penal code - the distribution of those sentenced to imprisonment among correctional institutions.

Classification of convicts is their division into relatively homogeneous groups in accordance with selected criteria and purposes of execution of punishment. The classification of convicts sentenced to imprisonment leads to differentiated placement of relatively homogeneous groups of convicts, to their separate detention in institutions executing punishment, and affects internal structure institutions.

According to the UN Minimum Standards for the Treatment of Prisoners, different categories of prisoners should be held in separate facilities or in different parts the same institution, taking into account their gender, age, previous convictions, legal reasons imprisonment and prescribed treatment (Article 8).

In response to the purposes of execution of punishment, the classification of convicts has own tasks:

the need to exclude or weaken the corrupting influence of the most negative part of convicts on other persons serving imprisonment;

differentiated application of punitive and educational influence to certain categories of persons who have committed crimes.

Additional tasks of classifying convicts should also include differentiation of the means of supporting the life activity of convicts, their medical and sanitary support, and compliance with sanitary-epidemiological and sanitary-hygienic requirements.

The grounds for classifying convicts are divided into factual and legal. TO factual grounds relate:

socio-demographic: gender, age, health status, presence of young children, citizenship, etc.;

criminal law: nature and degree of public danger crime committed, length of sentence, criminal record, recognition as a particularly dangerous recidivist, having previously served imprisonment;

penal (correctional labor), primarily related to the behavior of the convicted person while serving his sentence.

Classification criteria are reflected in the law and by-laws. The corresponding regulations act thereby legal grounds classification of convicts. A significant part of them is provided for by criminal law. At the same time, the classification of convicted persons is multi-stage and is further deepened on the basis of the norms of the Criminal Code of the Russian Federation and by-laws.

In accordance with the provisions of the criminal law, adult men sentenced to imprisonment are sent:

in the colony - settlements for persons who committed crimes through negligence, to imprisonment for a term of not more than 5 years;

in the colony - general regime, first sentenced to imprisonment for intentional crimes small, moderate severity and serious crimes;

in a colony - strict regime, for the first time sentenced to imprisonment for especially serious crimes, and in case of relapse of crimes, if the convicted person had previously served imprisonment;

in a colony - a special regime, in case of a particularly dangerous recidivism, as well as for those sentenced to life. For persons sentenced to a term of not more than 5 years for a particularly serious crime, as well as in the case of a particularly dangerous recidivism, it is assumed that they may be assigned to serve part of the sentence in prison, but not more than 5 years.

Adult women sentenced to imprisonment are assigned to serve their sentence in a colony - a settlement for persons who have committed crimes through negligence, as well as those who have committed intentional crimes, to imprisonment for a term of not more than 5 years. Other adult women sentenced to imprisonment are sent to serve their sentences in a general regime correctional facility.

Serving sentences in educational colonies is assigned to male minors sentenced to imprisonment, as well as female minors.

Depending on the nature and degree of public danger of the crime committed, the identity of the perpetrator and other circumstances of the case by the court, indicating the motives decision taken, may be assigned to serve imprisonment with a deviation from these rules.

The law establishes the requirement of mandatory separate content in correctional institutions various categories convicts. This requirement is due to both safety and educational purposes. According to Art. 80 of the Penal Code of the Russian Federation, men and women, minors and adults must be held separately. A more in-depth division is carried out according to other criteria: the severity of the crime committed, the identity of the convicted, the type of deprivation of liberty, the previous professional activity, repetition of serving a sentence of imprisonment, health status of convicts.

Thus, persons sentenced to imprisonment for the first time are kept separately from convicts who have previously served imprisonment. This rule does not apply to women's general regime correctional colonies and women's educational colonies. In one correctional institution, women who are sentenced to imprisonment for the first time may be kept separately.

freedom, previous professional activity, repeated serving of a sentence of imprisonment, health status of convicts.

Thus, persons sentenced to imprisonment for the first time are kept separately from convicts who have previously served imprisonment. This rule applies to women's general regime correctional colonies and women's educational colonies. Women who have been sentenced to imprisonment for the first time and who have previously served a sentence may be kept separately in one correctional institution. Separate content involves placement convicted women in various dormitories (in isolated areas). The following categories of convicts are kept isolated from other convicts and also kept separately: convicts with particularly dangerous recidivism; sentenced to life imprisonment freedom; convicts who the death penalty by way of pardon was replaced by imprisonment for certain period. It should be emphasized that everything specified categories Convicts, as a rule, serve their sentences in special regime colonies.

Due to its specificity former activities and for the purpose of ensuring safety, convicts are kept in separate correctional institutions - former employees ships and law enforcement. Other categories of convicts may also serve their sentences in such correctional institutions.

The requirement to separate convicts does not apply to medical correctional institutions, as well as to women's correctional colonies that have children's homes. All these categories of convicts are in conditions of serving their sentence in the type of colony that was determined for them by the court. Mandatory requirement is the separate detention of convicts who are sick with different infectious diseases, and also separately from healthy convicts.

In accordance with the specified differentiation of convicts, different kinds correctional institutions; The placement of convicts in prisons must also comply with these requirements. However, to organize the normal functioning of prisons and pre-trial detention centers, a significant number of service personnel, which, unlike correctional and educational colonies it is impossible to select from among the convicts serving there. Therefore, the law provided for the possibility of leaving in prisons and pre-trial detention centers individual categories convicts who would have to serve their sentences in correctional colonies. So, according to Art. 77 Penal Code of the Russian Federation in exceptional cases persons sentenced for the first time to imprisonment for a term of not more than five years, who are assigned to serve their sentence, in penal colony general regime, may, with their consent, be left in pre-trial detention center or prison to perform work on housekeeping. This requires written agreement a convicted person and an order from the head of the institution to leave him in a pre-trial detention center or prison to perform maintenance work for the latter. Such convicts are placed in separate room, live in unlocked cells; conditions for serving a sentence are established in relation to general regime correctional colonies; In addition, they have the right to a daily walk of two hours.

Except mentioned cases, those sentenced to imprisonment may be left (or delivered) to a pre-trial detention center or prison for production investigative actions or trial in a case committed both by another person and by the convicted person himself (in another case).

Changing the view correctional institution carried out by the court at the place of serving the sentence upon the proposal of the administration of the institution. Such transfers can be aimed both at facilitating the conditions for serving a sentence for convicts (transfer from prison to a correctional colony and from a correctional colony to a settlement colony), as well as tightening them (from a general correctional colony and strict regime- to prison and from the colony-settlement - to the correctional colony).

So, if the convicted person has served half of the prison term imposed by the court and behaves positively, then the court can transfer him from prison to a correctional colony of the type of regime that was determined by the sentence. Convicts serving sentences in correctional colonies of general and strict regimes, who have served a certain term of punishment (at least one third, and persons convicted of committing special offenses) are transferred to settlement colonies. serious crimes or previously released on parole from serving imprisonment and who committed new crimes during the remaining unserved part of the sentence - at least two-thirds) and are in the specified colonies in light conditions of detention (i.e., characterized by good behavior and attitude to work).

The law prohibits transfers to colony settlements certain categories convicts. These are convicts with particularly dangerous recidivism; those sentenced to life imprisonment if this type of punishment is replaced by pardon with imprisonment for a certain period; convicts for whom the death penalty by way of pardon has been replaced by imprisonment; convicts who have not undergone mandatory treatment, as well as those requiring special treatment in medical institutions closed type; convicts who did not consent to writing for transfer to a colony-settlement. If the convicted persons are recognized as persistent violators established order After serving their sentence, they can be transferred from a settlement colony to a correctional colony, the type of which was previously determined by a court verdict, or to a general regime correctional colony - in relation to persons who, by a court verdict, were immediately sent to a settlement colony to serve their sentence. From correctional colonies of general and strict regimes persistent violators regime can be sent to further serve their sentence in prison for up to three years, followed by serving the remaining sentence in a correctional colony of the type of regime from which they were sent to prison (in the jargon of convicts, such a transfer appears as “sent to a closed prison”). It is the latter category of convicts that makes up the overwhelming majority of people held in prisons. This measure is mainly important as a preventive measure, defusing the situation in a particular correctional colony, but has little correctional impact on convicts, since convicts who have returned “from prison” acquire, as a rule, a kind of aura of significance and respect in criminal environment. The placement of convicts in a correctional facility is a specialized activity of the administration of the institution, aimed at distributing newly arrived convicts after their stay in the quarantine department (adaptation detachment) into detachments, groups (cells) in order to create a normal socio-psychological climate in them, blocking the influence of the negative part of the convicts , criminal “authorities”, differentiation and individualization corrective influence.

1. In correctional institutions, separate detention of men and women, minors and adults, sentenced to imprisonment is established.

2. Persons sentenced to imprisonment for the first time are held separately from convicts who have previously served imprisonment. The following prisoners are kept in isolation from other convicts: those convicted of a dangerous recidivism, those convicted of a particularly dangerous recidivism of crimes; those sentenced to life imprisonment; convicts for whom the death penalty has been commuted by way of pardon to imprisonment for a specified period.

3. Convicts who are former employees of courts and law enforcement agencies are kept in separate correctional institutions. Other convicts may also be sent to these institutions.

4. The requirements for the separation of convicts established by this article do not apply to medical correctional institutions, as well as to correctional colonies that have children's homes. Convicts sent to these institutions are kept in conditions established by law for a colony of the type designated by the court.

5. Convicts sick with various infectious diseases are kept separately and separately from healthy convicts.

Comments to Art. 80 Penal Code of the Russian Federation

1. One of the most important intersectoral principles is the principle of individualization of punishment. Its implementation begins at the stage of sentencing, when the court, in accordance with Art. 60 of the Criminal Code of the Russian Federation must take into account the nature and degree of public danger of the crime committed, the identity of the perpetrator and the circumstances of the case, mitigating and aggravating responsibility. It is in connection with the implementation of the principle of individualization that the type and amount of punishment may be different for persons who have committed the same crimes.

The individualization of punishment at the stage of sentencing (applied by the court) not only precedes the individualization of punishment at the stage of its execution (applied by institutions of the penal system) in time, but is also the basis for the latter. Punishment in the process of its execution is individualized by the fact that from the nature and degree of social danger of the crime committed, the emphasis is transferred to the criminal himself and his behavior during the execution of the punishment.

The principle of individualization of punishment is implemented through the process of differentiation (division) of convicts into groups and categories. Its necessity is determined by the fact that it is impossible to actually provide various conditions content, level of punishment for each convicted person, but only for certain groups. To divide convicts into groups not arbitrarily, but on the basis of uniform and justified demands The legislation enshrines criteria developed by science and practice. Isolation from the general mass of relatively homogeneous groups on the basis of uniform scientifically based criteria is covered by the concept of “classification”. Thus, if the individualization of punishment is intersectoral principle, differentiation is the very process of dividing convicts into categories, then classification is a scientifically based method by which the division is carried out.

Although neither the Criminal Code of the Russian Federation nor the Penal Code of the Russian Federation mention the term “classification,” its content is clearly visible in a number of their norms. Separate detention of convicts is provided for by both criminal and penal legislation, therefore there are criminal legal and penal classifications. The classification (separate detention) of convicts is based on the criminal law classification. It is used by the court when assigning punishment. Its content consists of the following criteria: the nature and degree of social danger of the act, recidivism of crimes, form of guilt, gender and age (Articles 15, 18, 24, 57, 58 and 87 of the Criminal Code of the Russian Federation, respectively). In accordance with the criminal law classification, the court, when selecting a punishment in the form of imprisonment, assigns specific type correctional facility.

The penal classification also uses the above criteria, but at the same time develops (specifies) them, providing for the separate detention of convicts within the same type of correctional institution.

2. According to Part 2 of the commented article, the following are kept in isolation from other convicts: 1) persons sentenced to imprisonment for the first time - from convicts who previously served imprisonment; 2) those convicted of dangerous recidivism; 3) those convicted of particularly dangerous recidivism; 4) those sentenced to life imprisonment; 4) convicts for whom the death penalty has been replaced by pardon with imprisonment for a certain period.

3. In addition to the development of criteria criminal law classification, the penal classification introduces new criteria, determined by the purposes of execution of punishment: 1) professional criterion, taking into account previous work in the courts and law enforcement agencies. These persons should be kept in separate correctional institutions (Part 3 of the commented article); 2) medical criterion, taking into account the illness of convicts mental disorders, tuberculosis, alcoholism, drug addiction, substance abuse, HIV infections or sexually transmitted diseases. Such convicts must be kept in medical or treatment-and-prophylactic correctional institutions (Article 18, Part 8 of Article 74 and Part 2 of Article 101 of the Penal Code of the Russian Federation); 3) medical and social criterion, taking into account the pregnancy of a convicted woman or the presence of a child under the age of three with her. In these cases, convicts are sent to serve their sentences in correctional institutions that have children's homes (Article 100 of the Penal Code of the Russian Federation); 4) citizenship criterion, according to which convicted Foreign citizens and stateless persons are kept in a separate correctional colony (Part 3 of Article 73 of the Penal Code of the Russian Federation).

4 - 5. The peculiarity of the classification of convicts is that it continues throughout the entire period of serving punishment for convicted persons. Depending on which classification group the convicted person is classified, he may be in different conditions serving their sentence and kept separately from other convicts. In particular, convicted persons may be transferred to strict conditions correctional colonies or to a strict regime in prisons or transferred to the lighter conditions of general regime correctional colonies (Article 87 of the Penal Code of the Russian Federation), they can have the type of correctional institution changed (Article 78 of the Penal Code of the Russian Federation), they can be released on parole (Article 79 of the Criminal Code of the Russian Federation, Art. 175 of the Criminal Code of the Russian Federation), etc.

In accordance with Parts 4 and 5 of the commented article and Art. Art. 131 and 143 of the Rules internal regulations correctional institutions in medical and treatment-and-prophylactic institutions, isolated from other categories of convicts, only men convicted of especially dangerous recidivism of crimes, sentenced to life imprisonment, as well as convicts for whom the death penalty was replaced by pardon with imprisonment for a certain term or life imprisonment are kept in isolation from other categories of convicts freedom, sentenced to serve imprisonment in prison. These convicts are kept in specially designated and prison-style wards. Minors are kept separately from other convicts, and women are kept separately from men. Convicts suffering from infectious diseases are kept separately by type of infection and separately from patients undergoing treatment for non-infectious diseases. All convicted persons are provided with the conditions for serving the type of correctional institution that was assigned to them by the court.

1. In correctional institutions, separate detention of men and women, minors and adults, sentenced to imprisonment is established.

2. Persons sentenced to imprisonment for the first time are held separately from convicts who have previously served imprisonment. The following prisoners are kept in isolation from other convicts: those convicted of a dangerous recidivism, those convicted of a particularly dangerous recidivism of crimes; those sentenced to life imprisonment; convicts for whom the death penalty was replaced by pardon with imprisonment for a certain term (as amended as amended on March 14, 2001 by Federal Law of March 9, 2001 N 25-FZ; supplemented from December 11, 2003 by Federal Law of December 8 2003 N 161-FZ.

3. Convicts who are former employees of courts and law enforcement agencies are kept in separate correctional institutions. Other convicts may also be sent to these institutions.

4. The requirements for separate detention of convicted persons established by this article do not apply to medical correctional institutions, as well as to correctional colonies that have children’s homes. Convicts sent to these institutions are kept in conditions established by law for a colony of the type designated by the court.

5. Convicts sick with various infectious diseases are kept separately and separately from healthy convicts.

Commentary on Article 80 of the Penal Code of the Russian Federation

1. Separate detention of persons sentenced to imprisonment in correctional institutions is mandatory element implementation of the principle of differentiation and individualization of execution of punishment. Among those sentenced to imprisonment based on legislative criteria, the following are distinguished: various groups convicts, in relation to whom, in order to effectively provide corrective influence, various legal status, conditions of serving the sentence, varying degrees of isolation. This division of convicts into groups based on certain characteristics is called classification of convicts. The classification criteria are gender, age, the degree of social danger of the crime committed and the identity of the perpetrator, as well as some other indicators.

2. The main purpose of differentiating the execution of punishment is to ensure maximum efficiency in the use of correctional measures and exclude the possibility of providing negative impact on the part of convicts characterized high degree social neglect, persistent antisocial attitudes, eliminating the possibility of transferring criminal experience to the bulk of convicts.

3. Differentiated execution of punishment also contributes to the proper organization of correctional influence on convicts with varying degrees pedagogical and psychological neglect, ensuring individualization of execution of punishment.

4. The implementation of the principle of differentiation in the execution of punishment requires the creation of a wide network of correctional institutions of various types, where each type of institution is intended for the execution of punishment in relation to convicts of a specific group.

5. The most significant groups of convicts are distinguished by gender. In correctional institutions, convicted men are kept separately from convicted women. The exception is colony settlements, in which, in accordance with Part 3 of Art. 128 of the Penal Code of the Russian Federation, convicted men and women can be held together.

6. Second significant sign The classification of convicted persons is age. Convicted minors are held in correctional institutions separately from adults. In educational colonies, persons who have reached the age of majority are kept together with minors only if they are left in the educational colony in order to consolidate the results of correction, completion of secondary (complete) education. general education or vocational training until the end of the sentence, but no more than until they reach the age of 21 years. Convicts who have reached the age of 18 are left in a correctional colony by order of the head of the correctional colony, authorized by the prosecutor.

7. An important criterion The classification of convicts is not only gender and age, but also the degree of social danger of the individual. Convicts representing a large public danger, should be kept separately from convicts with a relatively low degree of social neglect; convicts who have experience in places of deprivation of liberty should be kept separately from convicts who have not served a sentence in places of deprivation of liberty. In the latter plan, the exception is for convicted women who are held together in correctional institutions. Based on this, when serving imprisonment, persons sentenced to imprisonment for the first time are kept separately from others from convicts who have previously served imprisonment. The following prisoners are kept in isolation from other convicts: those convicted of a dangerous recidivism, those convicted of a particularly dangerous recidivism of crimes; those sentenced to life imprisonment; convicts for whom the death penalty has been commuted by way of pardon to imprisonment for a specified period.

8. Speaking about persons sentenced to imprisonment for the first time, it should be noted that the category of those who have not previously served imprisonment includes:
- condemned to punishment in the form of correctional labor or restriction of freedom of a person who, on the grounds provided for in Part 3 of Art. 50 and part 4 art. 53 of the Criminal Code of the Russian Federation, these punishments were replaced by imprisonment;
- a person to whom, for a crime committed in accordance with Part 2 of Art. 55 of the Criminal Code of the Russian Federation, instead of imprisonment, the court imposed punishment in the form of detention in a disciplinary military unit;
- a person who was in a correctional institution by a court verdict, if in relation to him the sentence was canceled by way of supervision with the termination of the case or changed and a sentence not related to imprisonment was imposed, or a suspended sentence was applied;
- a person sentenced to imprisonment, but who did not actually serve his sentence in correctional institutions in connection with the application of an amnesty to him or exemption from serving a sentence by way of pardon or failure to carry out the sentence in cases of expiration of the statutory limitation periods in accordance with Art. 83 of the Criminal Code of the Russian Federation;
- a person who was previously sentenced to imprisonment within the period of his detention as a preventive measure, since he did not serve his sentence in a correctional institution;
- a person serving imprisonment if he is sentenced to imprisonment for a crime committed before the first sentence was passed;
- a person sentenced to imprisonment and who has served a sentence in prison for acts whose criminality and punishability have been eliminated current law, as well as if the current law does not provide for punishment in the form of imprisonment for their commission.

9. Separate correctional institutions house convicts who are former employees of courts and law enforcement agencies. Other convicts may also be sent to these institutions. Such convicts may include, for example, representatives of legislative and executive power, organs local government, employees of regulatory and supervisory authorities. The separate detention of these groups of convicts is due to ensuring their safety, since they may be subject to harassment and violence in revenge for their past activities.

10. The requirements for separate detention of convicts established by the commented article do not apply to medical correctional institutions, as well as to correctional colonies that have children's homes. However, in medical correctional institutions, convicted men and women, adults and minors, sentenced to death, for whom this punishment was replaced by pardon with imprisonment for a certain term, sentenced to life imprisonment, and those convicted of particularly dangerous recidivism, are kept separately. In addition, certain medical and correctional institutions house patients with dangerous diseases or those requiring special treatment (open form of tuberculosis, alcoholism, drug addiction, AIDS).

11. If the convicts are sick with diseases general, then they are kept together, but under the conditions established by law for a colony of the type designated by the court.

Convicts sick with various infectious diseases are kept separately and separately from healthy convicts. Separate and separate detention of these convicts is necessary in order to prevent the spread of one disease among convicts suffering from another disease, as well as the spread of any disease among healthy convicts.

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1. In correctional institutions, separate detention of men and women, minors and adults, sentenced to imprisonment is established.
2. Persons sentenced to imprisonment for the first time are held separately from convicts who have previously served imprisonment. The following prisoners are kept in isolation from other convicts: those convicted of a dangerous recidivism, those convicted of a particularly dangerous recidivism of crimes; those sentenced to life imprisonment; convicts for whom the death penalty has been commuted by way of pardon to imprisonment for a specified period.
(edited) Federal laws dated 03/09/2001 N 25-FZ, dated 12/08/2003 N 161-FZ)
3. Separate correctional institutions house convicts who are former employees of courts and law enforcement agencies. Other convicts may also be sent to these institutions.
4. The requirements for the separation of convicts established by this article do not apply to medical correctional institutions, as well as to correctional colonies that have children's homes. Convicts sent to these institutions are kept in conditions established by law for a colony of the type designated by the court.
5. Convicts sick with various infectious diseases are kept separately and separately from healthy convicts.

Commentary on Article 80 of the Penal Code of the Russian Federation

1. One of the significant features of the execution of a sentence of imprisonment is that for its implementation a wide network of correctional institutions is created. This is due to objective factors: the need to separate convicts depending on gender, age, state of health, past professional activity; social danger of the crime committed, form of guilt, past criminal activity.
World and domestic experience execution of punishments indicates that the general development trend correctional systems is to expand the types of control systems.
2. The commented article actually develops and specifies the provisions of Art. 74 of the Penal Code, which defines the types of PS.
First of all, the law establishes the requirement for separate detention in correctional institutions for men and women sentenced to imprisonment. The only exception here may be the situation when convicted men and women are serving their sentences in a penal colony.
Minor convicts are kept separately from adult convicts, for whom convicts are created.
3. Part 2 of the commented article establishes requirements for the separate detention of convicted persons depending on the number of convictions and the type of recidivism of crimes (Article 18 of the Criminal Code of the Russian Federation). Thus, the law requires separate detention of those sentenced to imprisonment for the first time (they are serving a sentence in a general regime penal colony) and those who have previously served imprisonment (they are serving a sentence in a strict regime penal colony). An exception is made only for women who, regardless of the number of convictions for imprisonment, can be held in one penal colony. Currently, according to Art. 74 of the PEC, isolated areas with different types of regime can be created on the territory of the EC.
4. Taking into account the social danger of convicts with dangerous and especially dangerous recidivism, as well as the specifics of the execution of punishment in relation to those sentenced to life imprisonment and convicts for whom the death penalty was replaced by pardon with imprisonment for a certain period, these categories of persons are kept in isolation from other convicts and separately from each other. For this purpose, virtually independent specialized IRs of strict and special regime.
5. Law enforcement officials and courts also commit crimes. In order to ensure their safety and individualize the execution of punishment, such convicts are kept in correctional facilities specially created for them. Other convicts may also be sent to these institutions.
6. The penitentiary system provides for the creation of specialized medical and treatment-and-prophylactic institutions for the detention of convicts suffering from infectious or general somatic diseases. In relation to the first category of persons, the law established a rule according to which convicts sick with various infectious diseases are kept separately from each other and separately from healthy convicts. First of all, it is about creating specialized institutions for the maintenance of convicts, sick open form tuberculosis, alcoholism and drug addiction.
In treatment and preventive institutions for the maintenance of various categories of convicts with general somatic diseases, they are not required to be kept separately. This is due to the difficulties of ensuring isolation and separate detention of convicts sent from virtually all types of correctional institutions. As for the conditions of detention (correspondence, visits, etc.), convicts who are in medical institutions, the provisions of the type of IC from which they came and which was determined in the court verdict apply.
7. The law quite comprehensively established the criteria for the separate detention of those sentenced to imprisonment. However, the composition of convicts is always subject not only to quantitative, but also qualitative changes, which is associated with the emergence of new types of crimes and the spread of mass diseases among convicts. Therefore, in practice there is a need to create new specialized IS. The procedure for their opening is regulated by departmental regulations Ministry of Justice of Russia. If the creation of such IS is associated with changes criminal legal characteristics convicted, then this requires a large-scale social experiment, as well as changes and additions to relevant legislative acts. This was the case with the creation in the 70s. colony settlements for convicts who committed crimes through negligence. The experiment confirmed the effectiveness of this type of control system, after which appropriate changes were made to the legislation.

The law establishes the requirement for mandatory separate detention of different categories of convicts in correctional institutions. This requirement is due to both safety and educational purposes.

According to Art. 80 of the Penal Code of the Russian Federation, men and women, minors and adults must be held separately. A more in-depth division is carried out according to other criteria: the severity of the crime committed, the identity of the convicts, the type of imprisonment, previous professional activity, the repetition of serving a sentence of imprisonment, the health status of the convicts.

Thus, persons sentenced to imprisonment for the first time are kept separately from convicts who have previously served imprisonment. This rule does not apply to women's general regime correctional colonies and women's educational colonies. Women who have been sentenced to imprisonment for the first time and who have previously served a sentence may be kept separately in one correctional institution. Separate detention involves placing convicted women in different dormitories (in isolated areas).

The following categories of convicts are kept isolated from other convicts and also kept separately: convicts with particularly dangerous recidivism; those sentenced to life imprisonment; convicts for whom the death penalty by way of pardon has been replaced by imprisonment for a certain period. It should be emphasized that all of these categories of convicts, as a rule, serve their sentences in special regime colonies.

The requirement to separate convicts does not apply to medical correctional institutions, as well as to women's correctional colonies that have children's homes. All these categories of convicts are in conditions of serving their sentence in the type of colony that was determined for them by the court. A mandatory requirement is the separate detention of convicts suffering from various infectious diseases, as well as separately from healthy convicts.

In accordance with this differentiation of convicts, various types of correctional institutions are established; The placement of convicts in prisons must also comply with these requirements. However, to organize the normal functioning of prisons and pre-trial detention centers, a significant number of service personnel are needed, which, unlike correctional and educational colonies, cannot be selected from among the convicts serving there. Therefore, the law provided for the possibility of leaving in prisons and pre-trial detention centers certain categories of convicts who would have to serve their sentences in correctional colonies. So, according to Art. 77 of the Penal Code of the Russian Federation, in exceptional cases, persons sentenced for the first time to imprisonment for a term of not more than five years, who are assigned to serve their sentence in a general regime correctional colony, may, with their consent, be left in a pre-trial detention center or prison to perform housekeeping work. This requires the written consent of the convicted person and an order from the head of the institution to leave him in a pre-trial detention center or prison to carry out work on the economic maintenance of the latter.

Such convicts are housed in a separate room and live in unlocked cells; conditions for serving a sentence are established in relation to general regime correctional colonies; in addition, they have the right to a daily walk of two hours

In addition to these cases, those sentenced to imprisonment may be left (or delivered) in a pre-trial detention center or prison for investigative actions or trial in a case committed either by another person or by the convicted person himself (in another case).

The type of correctional institution is changed by the court at the place where the sentence is served upon the proposal of the administration of the institution. Such transfers can be aimed both at easing the conditions for serving a sentence for convicts (transfer from prison to a correctional colony and from a correctional colony to a settlement colony), or to tighten them (from a general and strict regime correctional colony to a prison and from a settlement colony - to a correctional colony).

So, if the convicted person has served half of the prison term imposed by the court and behaves positively, then the court can transfer him from prison to a correctional colony of the type of regime that was determined by the sentence. Convicts serving sentences in correctional colonies of general and strict regimes, who have served a certain term of punishment (at least one third, and persons convicted of committing especially serious crimes or previously released on parole and who have committed new crimes) are transferred to settlement colonies during the period of the remaining unserved part of the sentence - at least two-thirds) and are in the specified colonies in easier conditions of detention (i.e., characterized by good behavior and attitude to work).

The law prohibits the transfer of certain categories of convicts to colony settlements. These are convicts with particularly dangerous recidivism; those sentenced to life imprisonment if this type of punishment is replaced by pardon with imprisonment for a certain period; convicts for whom the death penalty by way of pardon has been replaced by imprisonment; convicts who have not undergone compulsory treatment, as well as those requiring special treatment in closed medical institutions; convicts who have not given written consent to be transferred to a settlement colony.

If convicted persons are found to be malicious violators of the established procedure for serving their sentence, they may be transferred from a colony-settlement to a correctional colony, the type of which was previously determined by a court verdict, or to a general regime correctional colony - in relation to persons who, by a court verdict, were immediately sent to a colony - settlements for serving sentences. From general and strict regime correctional colonies, persistent violators of the regime can be sent to further serve their sentence in prison for up to three years, followed by serving the remaining sentence in a correctional colony of the type of regime from which they were sent to prison (in the jargon of convicts, such a transfer appears as “sent to the covered room”). It is the latter category of convicts that makes up the overwhelming majority of people held in prisons. This measure is mainly important as a preventive measure, defusing the situation in a particular correctional colony, but has little correctional impact on convicts, since convicts who have returned “from prison” acquire, as a rule, a kind of aura of significance and respect in the criminal environment.