Проблемы обеспечения прав и законных интересов осужденных к наказаниям и иным мерам уголовно-правового характера, не связанным с лишением свободы, в сфере труда

Abstract

The problems of protecting the rights and legitimate interests in the sphere of labor of convicts sentenced to penalties and other criminal law measures not related to deprivation of liberty are identified. Penal inspectorates and the administration of correctional centers do not sufficiently take into account convicts' qualifications when ensuring that convicts follow the requirements of a court verdict. When enforcing the performance of compulsory and correctional labor, suspended sentence, penal inspectorates ignore the requirements of labor laws regarding the age of a minor, the “feasibility” of labor for minors, women, persons suffering from various types of diseases, the obligatory passage of medical examination of convicts when hiring them and further annual examination. In practice, the time free from studies when serving compulsory labor is incorrectly determined. There are cases of incorrect calculation of the term of correctional labor for convicts; groundlessness of the reasons for the convict's dismissal from the organization; problems with compensation for harm in case of injury to a convict associated with the performance of compulsory labor. In order to bring the convict to serving the sentence in a timely manner, the author proposes to establish in the criminal procedure law a rule providing for a period of time between the presentation of a sentence for execution and its acceptance for execution, and to introduce a rule in the Code of Administrative Offenses of the Russian Federation providing for administrative responsibility for violations of this period. The author substantiates the necessity of improving the means of ensuring the execution by the convict of the order and conditions of serving correctional labor, and, in the penal legislation, proposes to provide for the possibility of imposing a duty on those convicted to correctional labor upon registration, as it was before, and also of changing this type of punishment to a more severe one for convicts who (a) systematically commit administrative offenses against public order or those similar to crimes for which the person was convicted; (b) evade registration or coming to the penal inspectorate for registration and do not leave their place of residence. Art. 79 of the Criminal Code of the Russian Federation should secure the right of the court to impose obligations on those released on parole from serving sentences during the probation period upon the penal inspectorate's presentation.