New paragraph 3.3 of article 380 of the Tax Code of the Russian Federation. Accounting info
1. Convicts have the right to receive information about their rights and obligations, about the procedure and conditions for serving the type of punishment imposed by the court. The administration of the institution or body executing sentences is obliged to provide the convicts with the specified information, as well as to acquaint them with changes in the procedure and conditions for serving sentences.
2. Convicts have the right to be treated with courtesy by the staff of the penal institution. They must not be subjected to cruel or degrading treatment or punishment. Coercive measures against convicts may be applied only on the basis of the law.
3. Convicts, regardless of their consent, may not be subjected to medical, scientific or other experiments related to the testing of medicines, new methods of diagnosis, prevention and treatment of diseases, as well as the conduct of biomedical research.
4. Convicts have the right to apply with proposals, applications and complaints to the administration of the institution or body executing punishment, in higher authorities management of institutions and bodies executing punishment (hereinafter referred to as higher bodies), the court, prosecutor's offices, state authorities and bodies local government, to the Commissioner for Human Rights in Russian Federation, Commissioner for the Rights of the Russian Federation under the President of the Russian Federation, Commissioner for the Protection of the Rights of Entrepreneurs under the President of the Russian Federation, Commissioner for Human Rights in a constituent entity of the Russian Federation, Commissioner for Children's Rights in a constituent entity of the Russian Federation, Commissioner for the Protection of the Rights of Entrepreneurs in a constituent entity of the Russian Federation, in public supervisory commissions, public associations, as well as, in accordance with international treaties of the Russian Federation, to interstate bodies for the protection of human rights and freedoms.
5. Convicted citizens of the Russian Federation give explanations, correspond, and also deal with those indicated in part four this article proposals, statements and complaints in the state language of the Russian Federation or, at their request, in the state language of the subject of the Russian Federation at the place of serving the sentence. Convicted persons - foreign citizens and stateless persons have the right to give explanations and correspond, as well as to address proposals, applications and complaints specified in part four of this article in their native language or in any other language that they know, and in necessary cases use the services of an interpreter. Answers to convicts are given in the language of appeal. If it is not possible to give an answer in the language of the appeal, it is given in the state language of the Russian Federation with a translation of the answer into the language of the appeal, provided by the institution or body executing punishment.
6. Convicts have the right to health care, including receiving primary health care and specialized medical care in outpatient or inpatient conditions, depending on the medical report.
6.1. Convicts have the right to psychological assistance provided by employees of the psychological service of the correctional institution and other persons entitled to provide such assistance. The participation of convicts in activities related to the provision of psychological assistance is carried out only with their consent.
7. Convicts are entitled to social security, including receiving pensions and social benefits, in accordance with the legislation of the Russian Federation.
8. In order to receive legal assistance, convicts may use the services of lawyers, as well as other persons entitled to provide such assistance.
9. Condemned to forced labor, arrest or imprisonment - foreign citizens have the right to maintain contact with diplomatic missions and consular offices of their states in the Russian Federation, and citizens of states that do not have diplomatic missions and consular offices in the Russian Federation - with diplomatic missions of states who took upon themselves the protection of their interests, or with interstate bodies involved in the protection of these convicts.
10. The procedure for exercising the rights of convicts is established by this Code, as well as other regulatory legal acts.
11. When exercising the rights of convicts, the procedure and conditions for serving sentences must not be violated, as well as the rights and legitimate interests of other persons must not be infringed.
1. Convicts have the right to receive information about their rights and obligations, about the procedure and conditions for serving the type of punishment imposed by the court. The administration of the institution or body executing sentences is obliged to provide the convicts with the specified information, as well as to acquaint them with changes in the procedure and conditions for serving sentences.
2. Convicts have the right to be treated with courtesy by the staff of the penal institution. They must not be subjected to cruel or degrading treatment or punishment. Coercive measures against convicts may be applied only on the basis of the law
3. Convicts, regardless of their consent, may not be subjected to medical, scientific or other experiments related to the testing of medicines, new methods of diagnosis, prevention and treatment of diseases, as well as the conduct of biomedical research. year Federal Law of July 19, 2009 N 191-FZ.
4. Convicts have the right to apply with proposals, applications and complaints to the administration of the institution or body executing punishment, to higher management bodies of institutions and bodies executing punishment (hereinafter - higher bodies), the court, prosecutor's offices, state authorities and local self-government bodies , to the Commissioner for Human Rights in the Russian Federation, the Commissioner for Children's Rights under the President of the Russian Federation, the Commissioner for the Protection of the Rights of Entrepreneurs under the President of the Russian Federation, the Commissioner for Human Rights in a constituent entity of the Russian Federation, the Commissioner for Children's Rights in a constituent entity of the Russian Federation, the Commissioner for Protection the rights of entrepreneurs in a constituent entity of the Russian Federation, to public monitoring commissions, public associations, and also, in accordance with international treaties of the Russian Federation, to interstate bodies for the protection of human rights and freedoms. (Part as amended by Federal Law No. 161-FZ of December 8, 2003; supplemented on August 7, 2010 by Federal Law No. 132-FZ of July 1, 2010; as amended by January 11, 2013 by Federal Law No. 304-FZ of December 30, 2012; as amended by Federal Law No. 294-FZ of November 2, 2013.
5. Convicted citizens of the Russian Federation give explanations, conduct correspondence, and also apply with the proposals, statements and complaints specified in part four of this article in the state language of the Russian Federation or, at their request, in the state language of the subject of the Russian Federation at the place of serving the sentence. Convicted foreign citizens and stateless persons have the right to give explanations and conduct correspondence, as well as to address proposals, statements and complaints referred to in part four of this article in their native language or in any other language that they know, and, if necessary, use the services of an interpreter. Answers to convicts are given in the language of appeal. If it is not possible to give an answer in the language of the appeal, it is given in the state language of the Russian Federation with a translation of the answer into the language of the appeal, provided by the institution or body executing punishment.
6. Convicts have the right to health care, including receiving primary health care and specialized medical care in outpatient or inpatient conditions, depending on the medical report.
6.1. Convicts have the right to psychological assistance provided by employees of the psychological service of the correctional institution and other persons entitled to provide such assistance. The participation of convicts in activities related to the provision of psychological assistance is carried out only with their consent (the part was additionally included from December 11, 2003 by Federal Law No. 161-FZ of December 8, 2003).
7. Convicts are entitled to social security, including receiving pensions and social benefits, in accordance with the legislation of the Russian Federation (part as amended by Federal Law No. 25-FZ of March 9, 2001.
8. In order to receive legal assistance, convicts may use the services of lawyers, as well as other persons entitled to provide such assistance.
9. Condemned to forced labor, arrest or imprisonment - foreign citizens have the right to maintain contact with diplomatic missions and consular offices of their states in the Russian Federation, and citizens of states that do not have diplomatic missions and consular offices in the Russian Federation - with diplomatic missions of states who took upon themselves the protection of their interests, or with interstate bodies involved in the protection of these convicts. December 2011 by the Federal Law of December 7, 2011 N 420-FZ.
10. The procedure for exercising the rights of convicts is established by this Code, as well as other regulatory legal acts.
11. When exercising the rights of convicts, the procedure and conditions for serving sentences must not be violated, as well as the rights and legitimate interests of other persons must not be infringed.
Commentary on Article 12 of the Penal Code of the Russian Federation
1. The commented article reflects the general focus of the Penal Code of the Russian Federation on the implementation of the prescriptions and recommendations of international legal acts and standards in the field of the execution of punishment and the treatment of convicts. It refers to the articles of the Code, specifying the enshrined in Art. 15 of the Constitution of the Russian Federation, the norm on the priority of generally recognized principles and norms of international law and international treaties of the Russian Federation over national legislation.
The article highlights as features legal status convicts, distinguishing it from the general (constitutional) status, and its unity. Although the Constitution of the Russian Federation does not rank human rights and freedoms according to their significance, the commented Code highlights the role of individual of them, highlighting an independent article for this. The rights listed in it are called fundamental primarily because they normatively fix the most important subjective rights for a person subjected to criminal repression and act as one of the guarantors of compliance with the law in the process of executing punishment.
2. Knowledge by convicts of their rights, duties and legitimate interests- the key to their successful adaptation to the conditions of serving a sentence. The administration of institutions and bodies executing sentences is obliged to acquaint convicts with the peculiarities of their legal status, provide information on the conditions and procedure for the execution and serving of sentences, as well as their changes. The possession of such information by convicts, on the one hand, limits the legislative framework for the requirements imposed on them by the administration of institutions and bodies executing punishment, and on the other hand, allows persons serving sentences to exercise or defend their rights or legitimate interests with confidence and fulfill their obligations. in accordance with the requirements of the law. The information provided to convicts should cover not only the prescriptions and establishments of legislative and other regulatory legal acts, but also local norms and rules governing the process of executing punishment, as well as traditions that have developed in institutions and bodies executing punishment. For example, persons held in settlement colonies should be familiar with both the boundaries established in this institution and the rules for the conduct of convicts within them.
3. The state, when punishing a criminal, must restrict his rights to the extent necessary to achieve the goals of punishment. The convicts remain citizens of the Russian Federation even after the entry of the guilty verdict into legal force, in connection with which they are fully entitled to the dignity of the person. This right is inalienable for everyone and according to Art. 21 of the Constitution of the Russian Federation, nothing can be a basis for belittling it. As emphasized in Art. 1 of the UN General Assembly Resolution "Basic Principles for the Treatment of Prisoners" (1990), all prisoners are treated with respect because of their inherent dignity and their importance as human beings.
The treatment of convicts is one of the most carefully and comprehensively regulated areas of law public relations. Practically all major international legal acts devoted to the protection and enforcement of human rights pay special attention to it. Yes, Art. 2 of the Universal Declaration of Human Rights (1948) proclaims that every human being shall have all the rights and all the freedoms provided for in the Declaration, regardless of anything. In Art. 5 of the Declaration, art. 7 of the International Covenant on Civil and Political Rights (1966), art. 3 Convention for the Protection of Human Rights and Fundamental Freedoms (1950), art. 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and other major international human rights instruments prohibit not only torture and cruelty, but also other forms of inhuman or degrading treatment. In its "General Comment" of April 6, 1992, the UN Human Rights Committee stated that states are required to treat prisoners with dignity. This rule is fundamental and universal and cannot depend on the availability of material resources from the state. In addition, the international community has developed and adopted a number of special acts and standards for the treatment of convicts, among which the most significant are the Standard Minimum Rules for the Treatment of Prisoners (1955) and the new European Prison Rules (2006).
Not all convicts comply with the rules of conduct established for them. To maintain order in the execution of punishment, the administration of institutions and bodies executing punishment is vested with appropriate powers, including the possibility of applying coercive measures to violators. A prerequisite for this is the consolidation of such measures and the procedure for their implementation in the law. According to Art. 2 of the Code of Conduct for Law Enforcement Officials (1979), these persons must treat convicts and detainees humanely, protect the dignity of everyone, and use force only in cases of extreme necessity, when other methods cannot help in preventing the offense. These requirements are reproduced and specified in the document of the Moscow Meeting of the Conference on the Human Dimension (1991).
4. In accordance with Art. 7 of the International Covenant on Civil and Political Rights, no person shall, without his free consent, be subjected to medical or scientific experiments. Conducting such experiments forcibly or secretly is regarded as a manifestation of violence or cruelty towards a person. It does not matter whether such experiments threatened the life and health of people or seemed safe to the initiators of the experiment.
Article 21 of the Constitution of the Russian Federation reproduces the requirement of the Covenant, emphasizing the condition of the experiment being voluntary. At the same time, Art. 11 of the Law of the Russian Federation of 1992 "On psychiatric care and guarantees of the rights of citizens to provide it", specifying the constitutional norm, establishes that in relation to persons to whom compulsory medical measures are applied on the grounds provided for by the Criminal Code of the Russian Federation, the use of surgical and other methods that cause irreversible consequences, as well as testing of medical devices and methods are not allowed. Given the well-known dependence of convicts on the administration, Art. 29 of the Fundamentals of the Legislation of the Russian Federation "On the Protection of the Health of Citizens" (1993) establishes a ban on conducting any tests or experiments on this category of citizens, regardless of their consent. In part 3 of Art. 12 of the Criminal Code of the Russian Federation, the ban, regardless of the consent of the convict, applies only to experiments that endanger the life and health of the subjects. It appears that the provisions of the Fundamentals and the Law on Psychiatric Care are more protective of the legal status of persons serving sentences.
5. The right of convicts to appeal can be considered in two aspects. First, as a specification of Art. 33 of the Constitution of the Russian Federation and art. 2 of the Federal Law of 2006 "On the Procedure for Considering Appeals from Citizens of the Russian Federation", which gives citizens the right to apply to state bodies or local governments. Moreover (and this is important), both the Constitution and the named Law allow all citizens to apply personally and send collective appeals. In violation of the principle of subordination of legal acts, art. Article 60 of the PVR PS restricts this right by establishing a rule according to which convicts have the right to submit proposals, applications, petitions and complaints only on their own behalf. Secondly, the right to appeal is an important guarantee of ensuring the legal status of convicts.
Appeals of convicts are divided into three types: proposals, statements and complaints. And although the division is rather arbitrary, it once again emphasizes that convicts, including those serving prison sentences, are not isolated from society. As citizens of their state, they can submit proposals for improving various areas public life- political, economic, spiritual. The proposals reflect the social activity of convicts, their civic position. The statements, as a rule, set out any requests, petitions of convicts in promoting the realization of their rights and legitimate interests related to serving the sentence. However, most often convicts apply to various authorities with complaints, protecting their subjective rights and legitimate interests.
6. Appeals, applications and complaints submitted to the administration of institutions and bodies executing punishment, or to higher authorities, must be considered within the appropriate time frame, and the results of the verification are announced to the convict (see commentary to Article 15 of the Penal Code of the Russian Federation).
The Constitution guarantees the right of everyone to protect their rights and freedoms by all means not prohibited by law (Article 45). Today, citizens, including convicts, choose judicial protection as one of the more frequently used methods. In accordance with Art. 6 Convention for the Protection of Human Rights and Fundamental Freedoms (1950), art. 46 of the Constitution of the Russian Federation and Art. 1 of the Law of the Russian Federation of 1993 "On appealing to the court of actions and decisions that violate the rights and freedoms of citizens" convicts have the right to go to court if they believe that their rights and freedoms have been violated; obstacles have been created for the exercise of rights and freedoms; they are unlawfully assigned any duties or they are unlawfully brought to any responsibility. At the discretion of the convicted person, the complaint is filed either with the court at the place of his residence or serving the sentence, or with the court at the location of the body, official whose actions are being appealed. In Art. 4 of the Law "On Appeals to the Court..." enshrined the right of military personnel, including those serving sentences, to file a complaint with a military court against military command and control bodies and military officials who have violated their rights and freedoms.
7. Traditionally, the largest number of appeals from convicts are addressed to the prosecutor's office. One of the goals of the prosecutor's office in accordance with Part 2 of Art. 1 of the Law of the Russian Federation of 1992 "On the Prosecutor's Office of the Russian Federation" (as amended on November 17, 1995) is the protection of the rights and freedoms of man and citizen. The prosecutor's office endowed with appropriate powers, exercising supervision over the legality of the activities of institutions and bodies executing punishment, restores the violated rights and legitimate interests of convicts, receiving information both in the course of prosecutor's checks, and from the appeals of these persons (see the commentary to Article 22 of the Penal Code of the Russian Federation).
8. Convicts have the right to send proposals, applications and complaints to state authorities and local self-government. Article 11 of the Constitution of the Russian Federation establishes that the bodies of state power in the Russian Federation are the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, and the courts of the Russian Federation. Local self-government, according to Art. 131 of the Constitution of the Russian Federation, is carried out in urban, rural settlements and other territories, taking into account historical and other local traditions. The structure of local self-government bodies is determined by the population independently. Convicts may apply to the President of the Russian Federation or the heads of subjects of the Federation, to state authorities and local self-government, or to deputies of representative bodies of all levels.
The annual reports of the Commissioner for Human Rights in the Russian Federation show that a significant proportion of the appeals sent to him are complaints from convicts. In accordance with Art. Art. 1 and 15 of the Federal Constitutional Law of 1997 "On the Commissioner for Human Rights in the Russian Federation" The Commissioner contributes to the restoration of the violated rights of everyone who has addressed him with a complaint. Convicts can send appeals at the same time to the Commissioner for Human Rights in the constituent entity of the Russian Federation.
9. Convicts may also send proposals, applications and complaints to public associations. According to Art. 27 of the Federal Law of 1995 "On Public Associations" public associations have the right to represent and protect the rights and legitimate interests of their members in state authorities and local governments. However, it should be borne in mind that not all convicts can be members or participants in public associations. Article 19 of the mentioned Law establishes that a person held in places of deprivation of liberty has no right to be such (see the commentary to Article 23 of the Penal Code of the Russian Federation).
10. An important guarantee of the status of convicts is their right to appeal to interstate bodies for the protection of human rights and freedoms. These bodies are: the UN Commission on Human Rights, acting as a subsidiary body of the UN Economic and Social Council (ECOSOC), which has the right to consider individual and collective complaints about massive and serious violations of human rights in any country that is a member of the UN; the Human Rights Committee, established under the International Covenant on Civil and Political Rights, which considers allegations of violations of the human rights enshrined in the Covenant; European Court of Human Rights. According to Art. 1 of the Federal Law of 1998 "On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols" the Russian Federation recognizes the competence of the European Commission of Human Rights to receive complaints from any person who claims to be a victim of a violation by the Russian Federation of his rights.
Despite the fact that the norm restricting the right of convicts to appeal to interstate bodies by the condition of exhaustion of all domestic legal remedies has been withdrawn from the Penal Code of the Russian Federation (Part 1, Article 2 of the Federal Law of 2003 "On bringing the Criminal Procedure Code of the Russian Federation and other legislative acts in accordance with the Federal Law "On Amendments and Additions to the Criminal Code of the Russian Federation"), Article 46 of the Constitution contains this requirement. It is also preserved in the acts regulating the activities of international government agencies. Thus, the UN Human Rights Committee accepts complaints for consideration subject to the exhaustion of local remedies, except in cases where decisions taken at the national level are ineffective or unreasonably delayed (clause "c" of Article 41 of the International Covenant on Civil and Political Rights (1966 G.)). In accordance with Art. 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), a complaint to the European Court of Human Rights must be filed within a period not exceeding six months after the final decision on the case at the national level. Before applying to the European Court, the complaint of the convict must be considered by the court of first instance (district court) and the cassation (superior) court.
11. The rule enshrined in part 5 of the commented article on giving explanations by convicts, conducting correspondence or sending appeals in the state language is more their duty than their right. According to Part 1 of Art. 68 of the Constitution of the Russian Federation and part 1 of Art. 1 of the Federal Law of 2005 "On the State Language of the Russian Federation" the state language of the Russian Federation throughout its territory is the Russian language, and the obligation to use the state language should not be interpreted as a denial or derogation of the right to use the state languages of the republics that are part of the Federation, or languages of the peoples of Russia. The restriction established in the Penal Code of the Russian Federation is primarily due to the fact that, in accordance with paragraph 1 of part 1 of Art. 3 of the said Law, the state language of the Russian Federation is mandatory in the activities of all state bodies, as well as organizations of all forms of ownership, including in the activities of record keeping. At the same time, the convict has the right to use in such cases the state language of the subject of the Federation at the place of serving the sentence. This restriction is addressed mainly to convicts serving sentences related to isolation from society. However, it does not apply to their communication with relatives during long visits, with other convicts, or their religious rites.
Unlike convicted citizens of Russia, convicted foreign citizens and stateless persons can apply and give explanations in any language they know. The administration of institutions and bodies executing punishment is obliged to provide a response in a language understandable to the convict, using, if necessary, an interpreter.
12. The right to health care is a fundamental right that cannot be restricted. In accordance with Art. 12 of the International Covenant on Economic, Social and Cultural Rights (1966) everyone has the right to the highest attainable standard of physical and mental health. Concretizing the constitutional right of everyone to health care and medical care(Article 41 of the Constitution of the Russian Federation), Art. 17 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (1993) establishes that this right is inalienable and is provided to every citizen by all available means, regardless of any circumstances.
Medical and sanitary and specialized assistance to convicts can be provided both in an extensive network medical institutions Federal Penitentiary Service of the Russian Federation, and, according to Art. 29 Fundamentals, if necessary, in institutions of the state or municipal health care system.
13. Giving convicts the right to psychological assistance, provided for in Part 6.1 of Art. 12 of the Penal Code of the Russian Federation, strengthens the guarantee of ensuring their health, but not only physical, but also mental. Since this right is addressed to convicts serving sentences related to isolation from society, this provision was introduced into the Penal Code of the Russian Federation in 2003, when real opportunities were created to provide such assistance. To date, the staff of all correctional institutions of the Federal Penitentiary Service of the Russian Federation includes highly qualified psychologists, and in a number of territorial bodies Psychological laboratories have also been established. Psychological assistance is of particular value for juvenile convicts, as well as for the adaptation of convicts to the conditions of serving a sentence. An important guarantor of ensuring the legal status of convicts is the voluntariness of their participation in measures to provide psychological assistance.
14. Article 39 of the RF Constitution guarantees everyone social security, including the payment of pensions and social benefits. In accordance with the Federal Laws of 2001 "On State Pension Provision in the Russian Federation" and "On labor pensions in the Russian Federation" citizens have the right to receive labor or social pensions, in accordance with the Labor Code of the Russian Federation they have the right to compulsory social insurance. The Penal Code of the Russian Federation and other federal regulatory legal acts (see, for example, Article 4 of the Federal Law of 2006 "On the provision of benefits for temporary disability, for pregnancy and childbirth of citizens subject to mandatory social insurance", Decree of the Government of the Russian Federation of 2001 "On the procedure for providing benefits for compulsory state social insurance to persons sentenced to imprisonment, involved in paid work") specify the grounds and procedure for paying pensions and other types of convicts social security depending on the type of punishment they are serving (see the commentary to Articles 98, 99 of the Penal Code of the Russian Federation).
15. Convicts have a subjective right to receive legal assistance, guaranteed by Art. 48 of the Constitution of the Russian Federation. The norm enshrined in Part 8 of Art. 12, is addressed primarily to convicts serving sentences related to isolation from society, who are subject to restrictions on visits. Meetings with lawyers are not included in the number of visits determined by the PEC, so they are not limited by their number or duration. In addition, at the request of the convict, the confidentiality of the conversation must be ensured. This right legislates the recommendations set out in principle 18 of the Body of Principles for All Persons under Any Form of Detention or Imprisonment (1988) and in Art. 93 Standard Minimum Rules for the Treatment of Prisoners.
16. Penal Code of the Russian Federation in Part 9 of Art. 12 materializes the proposals set out in the Recommendations for the Treatment of Convicts approved by the 7th United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1985), and Art. 38 Standard Minimum Rules for the Treatment of Prisoners. These documents state that foreign convicts should be promptly provided with information about their right to request contact with their consular representatives, as well as any other relevant information regarding their status. If the convicted person wishes to receive assistance from a diplomatic or consular representative, the latter must be notified without delay. It is also prescribed, with their consent, to facilitate contacts of foreign convicts with families and public organizations providing everything the necessary conditions for dating and correspondence.
17. The concretization and procedure for the implementation of the listed and other rights of convicts are established both in the norms of the Penal Code governing the execution of specific types of punishments, and in other normative legal acts constituting penal legislation or related to other branches. Specification is carried out mainly at the sub-legislative level, and above all by departmental regulatory legal acts.
18. Human rights and freedoms cannot be absolute. In order to ensure the opportunity for everyone to exercise their rights and legitimate interests, the state is forced to limit them to a certain extent. The purpose of such restrictions is expressed by Art. Art. 17 and 55 of the Constitution of the Russian Federation, according to which the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons; in addition, rights and freedoms may be limited federal law in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state. In part 11 of Art. 12 of the Penal Code of the Russian Federation establishes a rule according to which the administration of institutions and bodies executing punishment must clearly delimit the legality of exercising their rights by convicts from abuse of them. In the latter case, such attempts should be stopped in accordance with applicable law.
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