New item 3.3 st 380 nk rf. Accounting info
1. Convicted persons have the right to receive information about their rights and obligations, about the procedure and conditions for serving the type of punishment appointed by the court. The administration of the institution or the body executing the punishment is obliged to provide the convicted persons with the indicated information, as well as to acquaint them with changes in the order and conditions of serving the sentences.
2. Convicted persons have the right to courteous treatment on the part of the staff of the institution executing sentences. They must not be subjected to cruel or degrading treatment or punishment. Coercive measures against convicts can be applied only on the basis of 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 biomedical research.
4. Convicts have the right to apply with proposals, statements and complaints to the administration of the institution or the body that executes sentences, to higher authorities of institutions and bodies that carry out sentences (hereinafter referred to as higher bodies), the court, prosecution bodies, state authorities and local authorities to the Commissioner for Human Rights in the Russian Federation, the Commissioner for the Rights of the President of the Russian Federation, the Commissioner for the Protection of the Rights of the President of the Russian Federation of shareholders, the Commissioner for Human Rights in the constituent entity of the Russian Federation, the Commissioner for the rights of the child in the constituent entity of the Russian Federation, the Commissioner for the Protection of the Rights of Entrepreneurs in the constituent entity of the Russian Federation, to public monitoring commissions, public associations, and in accordance with international treaties of the Russian Federation to interstate bodies to protect human rights and freedoms.
5. Convicted persons - citizens of the Russian Federation give explanations, conduct correspondence, and also apply with the proposals, statements and complaints specified in the fourth part of this article in the state language of the Russian Federation or, if they so wish, 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 correspondence, as well as to address the proposals, statements and complaints specified in the fourth part of this article in their native language or in any other language that they speak, and if necessary use the services of an interpreter . Answers to convicts are given in the language of the appeal. If it is not possible to give an answer in the language of treatment, it is given in the state language of the Russian Federation with a translation of the answer into the language of treatment provided by the institution or the body that executes the sentences.
6. Convicts have the right to protection of their health, including the receipt of primary health care and specialized medical care in outpatient or inpatient settings, depending on the medical opinion.
6.1. Convicted persons have the right to psychological assistance provided by the employees of the psychological service of the correctional institution and other persons entitled to provide such assistance. Participation of convicts in activities related to the provision of psychological assistance is carried out only with their consent.
7. Convicts have the right to social security, including the receipt of pensions and social benefits, in accordance with the legislation of the Russian Federation.
8. Convicts may use the services of lawyers, as well as other persons entitled to provide such assistance, to receive legal assistance.
9. Foreign citizens convicted of forced labor, arrest, or imprisonment have the right to maintain contact with the diplomatic missions and consular offices of their states in the Russian Federation, and citizens of states without diplomatic missions and consular offices in the Russian Federation, with diplomatic missions of the states who have taken 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 convicted persons shall be established by this Code, as well as other regulatory legal acts.
11. In the exercise of the rights of convicted persons, the procedure and conditions for serving sentences shall not be violated, as well as the rights and legitimate interests of other persons shall be infringed.
1. Convicted persons have the right to receive information about their rights and obligations, about the procedure and conditions for serving the type of punishment appointed by the court. The administration of the institution or the body executing the punishment is obliged to provide the convicted persons with the indicated information, as well as to acquaint them with changes in the order and conditions of serving the sentences.
2. Convicted persons have the right to courteous treatment on the part of the staff of the institution executing sentences. They must not be subjected to cruel or degrading treatment or punishment. Coercive measures against convicts can be applied only on the basis of the law (part supplemented from December 11, 2003 by Federal Law of December 8, 2003 N 161-ФЗ.
3. Convicts, regardless of their consent, may not be subjected to medical, scientific or other experiments related to the testing of drugs, new methods of diagnosis, prevention and treatment of diseases, as well as biomedical research (part as amended, effective from August 2, 2009 years by the Federal Law of July 19, 2009 N 191-ФЗ.
4. Convicts have the right to apply with proposals, statements and complaints to the administration of the institution or the body that executes sentences, to higher authorities of institutions and bodies that carry out sentences (hereinafter referred to as higher bodies), the court, prosecution bodies, state authorities and local authorities to the Commissioner for Human Rights in the Russian Federation, the Commissioner for the Rights of the President of the Russian Federation, the Commissioner for the Protection of the Rights of the President of the Russian Federation of shareholders, the Commissioner for Human Rights in the constituent entity of the Russian Federation, the Commissioner for the rights of the child in the constituent entity of the Russian Federation, the Commissioner for the Protection of the Rights of Entrepreneurs in the constituent entity of the Russian Federation, to public monitoring commissions, public associations, and in accordance with international treaties of the Russian Federation to interstate bodies to protect human rights and freedoms. (Part as amended, enforced from December 11, 2003 by Federal Law of December 8, 2003 N 161-ФЗ; supplemented by August 7, 2010 by Federal Law of July 1, 2010 N 132-ФЗ; as amended, enforced from January 11, 2013 by the Federal Law of December 30, 2012 N 304-ФЗ; as amended, enforced from November 3, 2013 by the Federal Law of November 2, 2013 N 294-ФЗ.
5. Convicted persons - citizens of the Russian Federation give explanations, conduct correspondence, and also apply with the proposals, statements and complaints specified in the fourth part of this article in the state language of the Russian Federation or, if they so wish, 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 correspondence, as well as to address the proposals, statements and complaints specified in the fourth part of this article in their native language or in any other language that they speak and, if necessary, use the services of an interpreter. Answers to convicts are given in the language of the appeal. If it is not possible to give an answer in the language of treatment, it is given in the state language of the Russian Federation with a translation of the answer into the language of treatment provided by the institution or the body that executes the sentences.
6. Convicts have the right to protection of their health, including the receipt of primary health care and specialized medical care in outpatient or inpatient settings, depending on the medical opinion.
6.1. Convicted persons have the right to psychological assistance provided by the employees of the psychological service of the correctional institution and other persons entitled to provide such assistance. Participation of convicts in activities related to the provision of psychological assistance is carried out only with their consent (part is additionally included from December 11, 2003 by Federal Law of December 8, 2003 N 161-ФЗ).
7. Convicts have the right to social security, including the receipt of pensions and social benefits, in accordance with the legislation of the Russian Federation (part as amended, enforced from March 14, 2001 by Federal Law of March 9, 2001 N 25-ФЗ.
8. Convicts may use the services of lawyers, as well as other persons entitled to provide such assistance, to receive legal assistance.
9. Foreign citizens convicted of forced labor, arrest, or imprisonment have the right to maintain contact with the diplomatic missions and consular offices of their states in the Russian Federation, and citizens of states without diplomatic missions and consular offices in the Russian Federation, with diplomatic missions of the states who have taken upon themselves the protection of their interests, or with interstate bodies involved in the protection of these convicts. (Part as amended, introduced constant with effect from January 1, 2010 the Federal Law of December 27, 2009 N 377-FZ, as amended entered into force on 8 December 2011 by the Federal law of December 7, 2011 N 420-FZ.
10. The procedure for exercising the rights of convicted persons shall be established by this Code, as well as other regulatory legal acts.
11. In the exercise of the rights of convicted persons, the procedure and conditions for serving sentences shall not be violated, as well as the rights and legitimate interests of other persons shall be infringed.
Commentary on Article 12 of the Penal Code of the Russian Federation
1. The commented article reflects the general focus of the PEC of the Russian Federation on the implementation of the requirements and recommendations of international legal acts and standards in the field of the execution of sentences and the treatment of convicts. It relates to articles of the Code that specify what is enshrined in Art. 15 of the Constitution of the Russian Federation, the norm on the priority of universally recognized principles and norms of international law and international treaties of the Russian Federation over national legislation.
The article highlights both the features of the legal status of convicts that distinguish 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 importance, the commented Code outlines the role of individual ones, 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 the person subjected to criminal repression and act as one of the guarantors of the rule of law in the process of executing sentences.
2. The convicts' knowledge of their rights, duties and legitimate interests is the key to their successful adaptation to the conditions of serving the 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 requirements imposed on them by the administration of institutions and bodies that carry out sentences, and on the other hand, allows prisoners to fulfill or defend their rights or legitimate interests and fulfill their duties with confidence in accordance with the requirements of the law. The information provided to convicts should cover not only the requirements and the establishment of legislative and other regulatory legal acts, but also local norms and rules governing the process of the execution of sentences, as well as traditions established in institutions and bodies that execute sentences. For example, persons held in settlement colonies should be familiarized with both the boundaries established in this institution and the rules of conduct for convicts within them.
3. The state, punishing the offender, should limit his rights as much as is necessary to achieve the goals of punishment. Convicts, even after the conviction of the court has entered into legal force, remain citizens of the Russian Federation, in connection with which they are fully entitled to the dignity of the individual. This right is inalienable to everyone and in accordance with Art. 21 of the Constitution of the Russian Federation nothing can be the basis for its belittling. As emphasized in Art. 1 UN General Assembly Resolutions "Basic Principles for the Treatment of Prisoners" (1990), all prisoners enjoy a respectful attitude in view of their inherent dignity and their importance as people.
The treatment of convicts is one of the most carefully and comprehensively regulated areas of public relations by the norms of law. Almost all major international legal acts on the protection and enforcement of human rights pay special attention to it. So, Art. 2 of the Universal Declaration of Human Rights (1948) proclaims that everyone should have all the rights and freedoms provided for in the Declaration, regardless of anything. In Art. 5 Declaration, Art. 7 of the International Covenant on Civil and Political Rights (1966), Art. 3 of the 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, not only torture and cruelty are prohibited, but also other forms of inhuman or degrading treatment. In a "General Comment" dated April 6, 1992, the UN Human Rights Committee stated that states are required to treat prisoners with respect for their dignity. This rule is basic and universal and can not 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 Minimum Standard 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 sentences, the administration of institutions and bodies executing sentences is vested with appropriate powers, including the possibility of applying coercive measures against violators. A prerequisite for this is the consolidation of such measures and the procedures for their implementation in law. According to Art. 2 of the Code of Conduct for Law Enforcement Officials (1979), these persons must humanely treat convicts and detainees, protect the dignity of everyone and use force only in cases of emergency when other methods cannot help prevent the crime. These requirements are reproduced and specified in a 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 should be subjected to medical or scientific experimentation without his free consent. Carrying out such experiments is forcibly or secretly regarded as a manifestation of violence or cruelty towards a person. It does not matter if such experiments threatened human life and health 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 voluntary experiment. At the same time, Art. 11 of the 1992 Law of the Russian Federation "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 coercive medical measures are applied on the grounds provided for by the Criminal Code of the Russian Federation, surgical and other methods causing irreversible effects, as well as testing of medical devices and methods are not allowed. Given the known dependence of the convicts on the administration, Art. 29 of the Fundamentals of the legislation of the Russian Federation "On the Protection of Citizens' Health" (1993) establishes a ban on any tests or experiments on this category of citizens, regardless of their consent. In part, 3 tbsp. 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 seems that the norms of the Fundamentals and the Law on Psychiatric Aid provide more protection for the legal status of persons serving sentences.
5. The right of convicted persons to appeal can be considered in two aspects. First, as a concretization of Art. 33 of the Constitution of the Russian Federation and Art. 2 of the 2006 Federal Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation", which vest citizens with the right to apply to state bodies or bodies of local self-government. Moreover (and this is important) both the Constitution and the aforementioned Law allow all citizens to apply personally and send collective appeals. In violation of the principle of subordination of legal acts, Art. 60 of the TAC of the PS limits 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 convicted persons.
Appeals of convicts are divided into three types: proposals, statements and complaints. And although the separation is rather arbitrary, it emphasizes once again that convicts, including those serving a prison sentence, are not isolated from society. As citizens of their state, they can make proposals for improving various spheres of public life - political, economic, spiritual. The proposals reflect the social activity of the convicts, their civic position. Statements, as a rule, set out any requests, motions of convicts to facilitate the exercise of their rights and legitimate interests related to the serving of sentences. However, most often convicted persons turn to various authorities with complaints, protecting their subjective rights and legal interests.
6. Appeals, applications and complaints filed with the administration of institutions and bodies that carry out sentences, or with higher authorities, must be considered in due time, and the results of the inspection are announced to the convicted person (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, one of the more frequently used methods, citizens, including convicts, elect judicial protection. In accordance with Art. 6 of the 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 1993 Law of the Russian Federation "On appealing to a 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 to any duties or they are illegally held liable. At the discretion of the convicted person, the complaint shall be submitted either to the court at the place of his residence or serving his sentence, or to the court at the location of the body, official, whose actions are appealed. In Art. 4 of the Law "On Appealing to a Court ..." the right of servicemen, including those who are serving sentences, is enshrined to appeal to a military court with a complaint to military command bodies and military officials who violated their rights and freedoms.
7. Traditionally, the largest number of appeals of convicted persons is 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 1992 Law of the Russian Federation "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. Empowered by the relevant authorities, the prosecutor’s office, overseeing the legality of the activities of institutions and bodies executing sentences, restores the violated rights and legitimate interests of convicts, receiving information both during prosecutorial checks and from the appeals of these persons (see commentary to article 22 of the Criminal Code of the Russian Federation) .
8. Convicted persons have the right to send proposals, statements and complaints to bodies of state power and local self-government. Article 11 of the Constitution of the Russian Federation establishes that state authorities 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 government, according to Art. 131 of the Constitution of the Russian Federation, implemented in urban, rural settlements and in other territories, taking into account historical and other local traditions. The structure of local governments is determined by the population independently. Convicts may appeal to the President of the Russian Federation or the heads of the constituent entities of the Federation, to state authorities and local self-government, or to deputies of representative bodies at all levels.
The annual reports of the Ombudsman for Human Rights in the Russian Federation indicate that a significant proportion of appeals addressed to him are complaints from convicts. In accordance with Art. Art. 1 and 15 of the 1997 Federal Constitutional Law "On the Commissioner for Human Rights in the Russian Federation", the Commissioner helps to restore the violated rights of everyone who has applied to him with a complaint. Convicts can send appeals simultaneously to the Commissioner for Human Rights in the subject of the Russian Federation.
9. Convicts may also send proposals, statements and complaints to public associations. According to Art. 27 of the 1995 Federal Law "On Public Associations" public associations have the right to represent and protect the rights and legitimate interests of their members in government bodies 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 said Law establishes that a person held in places of deprivation of liberty is not entitled to be such (see 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. Such bodies are: the UN Human Rights Commission, 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 human rights violations in any country that is a member of the UN; The Human Rights Committee, established in accordance with the International Covenant on Civil and Political Rights, which examines reports of violations of human rights enshrined in the Covenant; European Court of Human Rights. According to Art. 1 of the 1998 Federal Law “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 on Human Rights to receive complaints from any person who claims to be a victim of a violation of his rights by the Russian Federation.
Despite the fact that the norm restricting the right of convicts to appeal to interstate bodies from the CEC of the Russian Federation by the condition of exhaustion of all domestic remedies has been removed (part 1 of 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 preserved in the acts regulating the activities of the interstate Thus, the UN Human Rights Committee accepts complaints subject to the exhaustion of local remedies, unless the decisions taken at the national level are ineffective or unreasonably delayed (paragraph "c" of article 41 of the International Covenant on Civil and Political Rights (1966)). In accordance with Article 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), a complaint must be filed with the European Court of Human Rights within a period not exceeding six months after the final decision I'm on a case at the national level. Before applying to the European Court, the complaint of the convicted person must be examined by the court of first instance (district court) and the cassation (higher) court.
11. The rule enshrined in part 5 of the commented article on the provision by the convicts of explanations, correspondence, or sending appeals in the state language is their duty rather than their right. According to Part 1 of Art. 68 of the Constitution of the Russian Federation and part 1 of article 1 of the 2005 Federal Law “On the State Language of the Russian Federation”, the state language of the Russian Federation throughout its territory is Russian, and the mandatory use of the state language should not be construed as a denial or derogation of the right to use the state languages \u200b\u200bof the republics that are part of the Federation, or languages \u200b\u200bof the peoples of Russia. The restriction established in the PEC of the Russian Federation is primarily due to the fact that, according to paragraph 1 of paragraph 1 of Art. 3 of the aforementioned 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 office management activities. At the same time, the convicted person has the right to use in such cases the official language of the subject of the Federation at the place of serving the sentence. The specified restriction is addressed mainly to convicts serving sentences of isolation from society. However, it does not apply to their communication with relatives during long visits, with other convicts, or to the performance of religious rites by them.
Unlike convicted citizens of Russia, convicted foreign citizens and stateless persons can apply and give explanations in any language they speak. The administration of institutions and bodies executing sentences is obliged to submit an answer in a language that the convict can understand, using, if necessary, an interpreter.
12. The right to health care is a fundamental right that cannot be limited. 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. Specifying the constitutional right of everyone to the protection of health and medical care (Art. 41 of the Constitution of the Russian Federation), Art. 17 of the 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 guaranteed to every citizen by all available means, regardless of any circumstances.
Medical and specialized assistance to convicts can be provided both in the extensive network of medical institutions of the 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. Empowerment of convicts with the right to psychological assistance, as provided for in paragraph 6.1 of Art. 12 PEC RF, enhances the guarantee of ensuring their health, but not only physical, but also mental. Since this right is addressed to convicts serving sentences of isolation from society, this norm was introduced in the PEC of the Russian Federation in 2003, when real possibilities were created for providing such assistance. Today, the staff of all correctional institutions of the Federal Penitentiary Service of the Russian Federation includes highly qualified psychologists, and psychological laboratories have been created in a number of territorial bodies. Of particular value is psychological assistance 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 psychological assistance activities.
14. Article 39 of the Constitution of the Russian Federation 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 are entitled to receive labor or social pensions, in accordance with the Labor Code of the Russian Federation they have the right to compulsory social insurance. PEC of the Russian Federation and other federal regulatory legal acts (see, for example, article 4 of the 2006 Federal Law "On providing benefits for temporary disability, maternity leave for citizens subject to compulsory social insurance", Decree of the Government of the Russian Federation of 2001 "On the procedure for providing benefits for compulsory state social insurance for persons sentenced to deprivation of liberty involved in paid work ") specify the grounds and procedure for the payment of pensions and other types of social security to convicts depending property on the type of punishment they are serving (see commentary to Articles 98, 99 of the Penal Code of the Russian Federation).
15. Convicts have a subjective right to 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 of isolation from society, which are subject to restrictions on visits. Meetings with lawyers are not included in the number of appointments determined by PECs, so they are not limited by their number or duration. In addition, at the request of the convict, confidentiality of the conversation should be ensured. This right legislates the recommendations set out in principle 18 of the Code of Principles of all persons subjected to detention or imprisonment in any form (1988) and in Art. 93 of the Standard Minimum Rules for the Treatment of Prisoners.
16. PEC RF in part 9 of article 12 materializes the proposals set out in the Recommendations regarding the treatment of convicts, approved by the 7th UN Congress on the Prevention of Crime and the Treatment of Offenders (1985), and Art. 38 of the Standard Minimum Rules for the Treatment of Prisoners. These documents established that foreign convicts should immediately provide information on their right to demand 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 all the necessary conditions for visits and correspondence.
17. Concretization and the procedure for the implementation of the listed and other rights of convicts are established both in the rules of PECs governing the execution of specific types of sentences and in other normative legal acts that constitute penal legislation or relate to other industries. Concretization is carried out mainly at the by-law level, and above all, departmental regulatory legal acts.
18. Human rights and freedoms cannot be absolute. In order to ensure that everyone can exercise their rights and legitimate interests, the state is forced to limit them to a certain extent. The purpose of such restrictions is expressed in Art. Art. 17 and 55 of the Constitution of the Russian Federation, according to which the exercise of the rights and freedoms of man and citizen should not violate the rights and freedoms of others; in addition, rights and freedoms may be limited by federal law in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. In h. 11 Article 12 of the Criminal Code of the Russian Federation, a rule has been enshrined according to which the administration of institutions and bodies executing sentences should clearly distinguish the legitimacy of the realization by convicts of their rights from their abuse. In the latter case, such attempts should be suppressed in accordance with applicable law.
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