How mandatory work is carried out: stories of action participants

What is compulsory work under Article 49 of the Criminal Code of the Russian Federation?

The type of punishment applied by the court in relation to a particular convicted person is determined based on the degree of his guilt and the options for liability provided for in the criminal article. Compulsory labor as a type of criminal punishment has been used in Russia since 2005.

Compulsory labor is considered one of the mildest types of punishment, which does not burden convicts with long and difficult labor. Failure to serve compulsory labor in good faith is grounds for changing this type of punishment and replacing it with a more severe one. This article will answer the questions of what compulsory labor is and how a convicted person can serve it.

Compulsory work is a type of criminal punishment that requires the convicted person to perform community service in his free time. That is, this measure of liability can only be applied to those who have their main place of work or study.

Correctional work

• from social insurance and social security benefits, for example from the amount of payment for sick leave;
• from one-time payments, that is, one-time bonuses, financial assistance, etc.

We calculate the amount that needs to be transferred based on the notice from the UII: 42,000 rubles. x 20% = 8400 rub. Thus, the following amount remains for deduction this month according to the writ of execution: 25,578 rubles. – 8400 rub. = 17,178 rub.

We determine the number of days for which the deduction needs to be made: 23 slaves. days – 7 work. days 12/04/2015, 12/09/2015) = 16 workers. days When the period comes to an end, the inspection will send you a message in the prescribed form. It will directly say from what date the deductions must be stopped. If you received documents from the UII, for example, on December 10, 2015, then begin deductions from your salary for December in proportion to the time worked after receiving the notice.

There is no need to withhold money for the period from the date of the verdict until the receipt of the notice.

Working off compulsory work

1. Can I travel abroad on a voucher while doing compulsory work?
2. Is it mandatory for pensioners to work for two weeks before leaving work?
3. Is it possible to travel outside the Russian Federation after completing mandatory work under 264.1?
4. My husband has mandatory work for 5 months, he worked for 4, can he change jobs?
5. Is it possible to perform compulsory work for 8 hours a day?
   If so, how to apply?
6. Is it necessary to go to work for 14 days to work off a dismissal?
7. During mandatory work. If you go on sick leave, do your work hours count?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

How are overtime paid?

According to Article 152 of the Labor Code of the Russian Federation, an employee who has overtime hours has the right to receive either additional payment or time off.

In this case, the type of compensation is determined by the employee. It is at the request of the worker that previously worked overtime can be replaced by rest.

At the same time, according to the Labor Code of the Russian Federation, the employer is obliged to provide rest for a duration of at least overtime.

That is, each hour of overtime entitles you to at least 1 hour of compensatory time off.

To get a full day off, a person must work 8 hours of overtime.

The employee can choose additional payment for overtime worked. The first 2 hours are paid at one and a half times, and the subsequent ones - at double.

The indicated duration of rest provided for overtime, as well as the amount of increased pay, are the minimum possible indicators established by the Labor Code.

The employer can, on his own initiative, increase compensation by stipulating this point in the local acts of the organization.

If an employee works overtime on a non-working holiday or on a calendar day off, then other rules from Article 153 of the Labor Code of the Russian Federation apply. This time is not taken into account in the calculation of overtime on working days.

How mandatory work is carried out: stories of action participants

01/17/2020 Participant of OVD-Info Courts may, among other things, assign compulsory labor to those detained at protests.

OVD-Info spoke with four people who, after the protests, worked mandatory hours in factories, housing and communal services, and in local administration. Igor Azarov was detained in Krasnodar after a rally of Navalny supporters on October 7, 2020.

The court found him guilty of violating the procedure for holding a protest (Article 20.2 Part 2 of the Administrative Code) and sentenced him to 20 hours of compulsory labor. Igor served his sentence as a laborer in a construction crew. I waited for the start of public works for a year, called the bailiffs, and they told me: “Do you really want public works? You can be free, we will call you.”

A year later I came to the bailiff department myself: I needed to go abroad. According to my information, not only unpaid fines restrict travel abroad, but also

“If the governor came, we worked three hours in one day.”

Nikita Shevchenko from Krasnodar was sentenced to compulsory labor twice. The first time was after a rally demanding that Navalny be allowed to participate in the Russian presidential elections. The second time was in connection with the “He is not our king” campaign in May 2020. Then Nikita was found guilty of repeated violation of holding a rally and was assigned 40 hours of community service. Shevchenko spent them in the local administration, performing the duties of a janitor.

They sent me an order by mail, I came, registered and worked. It so happened that I ended up with the same bailiff, and then they sent me to the same place to serve my work, to our local administration. All the laborers were surprised that I ended up there, because there were mostly alimony workers, drunk people who drove cars.

In fact, we worked as janitors in several suburban areas. The work required a quick reaction, basically, it became like this when someone supreme was passing nearby, at that moment we were commanded: “Remove all this immediately.”

For one case there were thirty hours, and for the second forty. We tore down advertisements that were not approved by the administration, collected garbage, and swept.

If the governor came, we worked for three in one day. They were just clearing the field so that, God forbid, there wouldn’t be any piece of paper lying around there. There were no tires left in the entire village: we loaded three KAMAZ trucks so that, God forbid, he wouldn’t see that they were there. It was difficult for me because I am not muscular and I have scoliosis.

I worked four hours a day for a couple of weeks. People working in the administration often asked me: “Why are you doing this, and how much do you get paid for rallies?” This is my favorite question: how much are you paid for suffering. For the first time, the administration told me: “Stop it, otherwise you’ll come to us again.” I answered: “No, I won’t give up,” and now, six months later: “Hello again.”

There is nothing negative about mandatory work. I don't mind working. I am against the fact that people are detained for rallies - we still have freedom of speech, after all.

It was easy to combine with my main activity: the first time there were holidays at the university, and the second time I was already on academic leave. You know, what’s strange is that the law seems to say that compulsory work takes place after school or work, but in the regional administration all this is done from 8:00 to 13:00, if my memory serves me correctly. Perhaps this is not the case in other places. Actually, everything is as usual: the law is written, no one implements it.

Illustration: Anastasia Vikulova for OVD-Info

Completion of hours

1. I am a citizen of Kazakhstan, article 264.1, after completing my hours, can I go to Kazakhstan?
2. I was awarded 300 hours of service. When should I register? To start working?
3. Given 400 hours of work, what’s the best thing to do? Work it out or refuse.
4. The alimony worker completes 20 hours of work! Will I receive money for working it out?
5. How many hours should I work when working for two weeks?
6. The alimony worker was given 20 hours of work. Do you get money for working?
7. A car ban due to 100 hours of service, will they be released to Abkhazia?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Given 400 hours of work, what is the best thing to do?

Work it out or refuse.

Completion of hours

Consult with a lawyer online Ask a lawyer 108 lawyers are ready to answer now Answer in 15 minutes 108 lawyers are now online All topics Good afternoon.

They assigned 180 hours of compulsory work.

They worked, the inspector called yesterday, saying that the hours were fully worked, work was closed. After some time, the master who worked with him called and said that he needed more by the end of the month.

December 22, 2020, 08:44, question No. 1853539 Tatyana,

Novosibirsk Category: This is not about the fact that I don’t want to work at set hours. How not to insist, but to ask, simply indicating the urgent need and without coercion, refer to some opportunities to take time off. We are talking about exceptional situations:. August 14, 2020, 11:35, question No. 1723383 Aleshin Andrey Igorevich,

Moscow Category: Health Hello I work in a company with a work schedule

Mandatory work

Consult with a lawyer online Ask a lawyer 108 lawyers are ready to answer now Answer in 15 minutes 108 lawyers are now on the site All topics force me to work during working hours for mandatory work during the time when I am busy at my main job, which brings in my only income.

Is this legal? After all, I will have to take a vacation at my own expense, since my boss simply won’t let me go.

January 30, 2020, 00:01, question No. 1888912 Semyon,

Kargopol Category: Good evening. I have a question: I need to write a certificate/characteristic stating that I have worked the assigned hours of mandatory work. What should this document look like?

September 13, 2020, 6:34 pm, question No. 1751002 Sergey Category: Good morning! I was convicted under Article 319 of the Criminal Code of the Russian Federation, imposing a punishment in the form of compulsory work for a period of 150 hours. Since for health reasons I cannot perform these works, all of them are associated with physical labor, but I can’t (there are certificates: conclusion.

September 03, 2020, 09:52, question No. 1741349 Anton, Mr.

Izhevsk Category:

1. We will evaluate your situation for free
2. We communicate via Telegram and WhatsApp
3. We explain what to do without complicated terms

Or write to us at Hello! On March 20, 2017, the court imposed 50 hours of compulsory labor on my ex-husband for evading the payment of alimony.

07.04. 2020, the bailiff initiated proceedings. To date, the debtor is not serving his sentence.

In connection with which I have a couple. July 15, 2020, 08:30, question No. 1696654 Natalya, Yekaterinburg Category: Is it possible to send a friend to do compulsory work in your place? And if they find out what will happen for this April 30, 2020, 11:20, question No. 1625188 Sergey, Chelyabinsk Category: Hello. If a person does not work officially, can he be assigned mandatory work?

And is it possible to encourage yourself to ensure that the punishment is compulsory labor, but not a fine, imprisonment, or probation?!?

01 March 2020, 13:54, question No. 1556598 Alexey,

Moscow Category: Hello! I was awarded 300 hours of compulsory work, st116uk! If I refuse them, what will happen? Are they even paid somehow? Thank you in advance!

February 20, 2020, 15:04, question No. 1546564 Maxim,

Kopeysk Category: Part 1 of Article 158 provides, among other things, punishment in the form of compulsory labor for up to 360 hours. If there are 3 episodes in the case, can they assign 360 hours for each? Or is it 360 hours for everything together, regardless of the number of episodes? December 12, 2020, 23:21, question No. 1471611 Olga Ivanovna,

Tula Category: By court decision (Article 159, Part 1)

Calculation of duration of work

The duration of work is determined by the formula:

(1.1) where SНвр is the total value of the standard time of use of the machine (Table 1.1), necessary to perform a set of works by the driving machine, mash. - hour;

N is the number of driving vehicles (one or two vehicles are accepted);

Ac - number of work shifts per day (two or three shifts are accepted);

tс — duration of the work shift (8 hours), h;

1.1 - increase in computer time costs for unaccounted machine work.

= 124 days (H=1, Ac=1)

= 62 days (H=1, As=2)

= 31 days (H=2, As=2)

= 41 days (H=1, As=3)

In table Figure 1.2 shows the distribution of standard labor costs by category for each job in proportion to the composition of the unit in accordance with UniR.

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What happens if you don’t complete your mandatory work?

According to the Criminal Code of the Russian Federation, for certain types of offenses, punishment can be imposed in the form of compulsory or correctional labor. This measure is one of the mildest, since only a fine can be smaller.

But the offender should understand that if the sentence is not executed, the punishment will be replaced with a more severe one, up to and including imprisonment. Next, we will consider what will happen if the mandatory work and the legislative framework for such a violation of the law are not fulfilled. Content

The concept of compulsory work as a criminal punishmentEvasion from execution of punishment - what is the threat? Let's summarize The concept of compulsory work as a criminal punishment Compulsory work as a type of punishment for a criminal offense is regulated by Article 49 of the Criminal Code of the Russian Federation.

Correctional work as a type of criminal punishment

0.2019 I felt unwell, an examination revealed a chronic disease - stage 4 diabetes mellitus, which excludes the possibility of working of any kind.

So, after the verdict comes into force, a copy of it is sent to the criminal-executive inspection - a state institution at the regional level, whose employees are directly involved in the procedure for executing all types of punishment, except imprisonment.

If the convicted person committed one of the listed violations for the first time, then the following penalties are applied to him: In judicial practice, there are cases when citizens from the above list were nevertheless assigned correctional labor. Sometimes this was due to a miscarriage of justice.

In some cases, circumstances that exclude the possibility of serving correctional labor under a court sentence became known later. In any case, upon the occurrence of the listed life events, the service is suspended or canceled . The concept and rules for imposing this type of punishment are contained in the general part of the Criminal Code of the Russian Federation.

Is it possible to work off compulsory work at the place of current employment?

I was sentenced to 240 hours of compulsory labor under Article 264.1.

This means that the convicted person performs socially useful work in his free time.

I work as a security guard in a store 3 days every 3 to 12 hours.

I have the opportunity to work out my mandatory obligations with my employer or I will have to quit. It is very difficult to find a job now, I am 49 years old. Lawyer Antonov A.P. Good afternoon

According to Article 49 of the Criminal Code, compulsory work consists of the convicted person performing free socially useful work during his free time from his main work or study.

The type of compulsory work and the facilities at which they are served are determined by local government bodies in agreement with the penal inspections. Compulsory work is established for a period of sixty to four hundred and eighty hours and is served no more than four hours a day. In case of malicious evasion of a convicted person from serving compulsory works, they are replaced by forced labor or imprisonment.

What to do if a person is tied to compulsory work?

Until recently, the main form of punishment in our country was imprisonment. In many cases, it was given for murder, beatings, and theft (sometimes even if a bucket of potatoes was stolen). The courts did not skimp on this type of punishment, measuring it depending on the severity of the crime: one, two, five, ten years of imprisonment... In the last five years, the situation in Russia has changed dramatically.

Now, in connection with the policy of humanism implemented by the state, a large number of punishments have appeared in the country that are not directly related to imprisonment: fines, compulsory labor, correctional labor, a ban on engaging in certain activities, restriction of freedom (popularly called “house arrest”) . One of the new punishments that the judicial machine began to apply in its practice since 2005 was the punishment in the form of compulsory labor. Its essence is that a person serves his sentence not behind bars, but in freedom: he sleeps at home, goes to his usual job, communicates with friends.

Peculiarities

The features of this type of punishment are that, firstly, it allows the convicted person not to break away from society .

His daily life undergoes small changes, which relate to the need to allocate some time to perform mandatory work.

Secondly, the convicted person, while serving compulsory work, seems to exchange the time spent in places of deprivation of liberty for the time of serving compulsory work. Moreover, he has a very favorable tariff: 8 hours of such work per day of imprisonment .

Only the time that the convicted person could work while in prison is taken into account.

But it is obvious that the remaining 16 hours in prison , which the convict could spend after work, cannot be called relaxation and a pleasant pastime.

Required work: description, list and types

.

Back in the nineteenth century, Russian convicts were sentenced to urban labor as punishment for a crime. However, the provision for such punishment in the modern Criminal Code appeared only in 2005, and since 2013, compulsory labor has also been imposed for administrative offenses.

Compulsory labor is a type of punishment provided for in Article 49 of the Criminal Code of the Russian Federation and Article 3.13 of the Code of Administrative Offenses of the Russian Federation. Appointed only as the main preventive measure for a convicted person instead of a fine or as a mitigated punishment. The essence of the measure is to work the time determined by the court during hours free from the main job.

Distinctive features of mandatory work:

1. the convicted person does not receive a salary, and all funds for his work are sent to the state budget;
2. are assigned only to officially employed citizens: students, apprentices, employees;
3. are aimed at benefiting the public;

Application of punishment in the form of compulsory labor

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

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

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

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

The corresponding amendments introduced by 65-FZ and put into effect on 01/01/2013 provided for the introduction of mandatory work also in the field of administrative law. In each month of the established sentence, the number of days worked by the convicted person must not be less than the number of working days falling in that month. If the convicted person has not worked the specified number of days and there are no grounds established by the Penal Code of the Russian Federation for counting unworked days toward the sentence, the serving of correctional labor continues until the convicted person has completed the required number of working days. Thus, the duration of execution of the punishment may exceed the calendar term of the punishment.2. The beginning of the term of serving correctional labor for a convict who does not have a main place of work is the day he goes to work, and for a convict who has a main place of work is the day the administration of the organization in which the convict works receives the relevant documents from the penal inspection. (As amended by Federal Law dated December 7, 2011 N 420-FZ)

Working hours according to the court

1. The court gave me 60 hours of service for the fines. I can work them out at work.
2. Is it possible to travel outside the region if the court ordered 480 hours of work?
3. They gave me 200 hours of work for 222 hours 4, what can they change it for at the second trial?
4. Can I be arrested for not working 100 hours as ordered by the court?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. The court gave 60 hours of service for fines.

I can work them out at work. 1.1. No, this is community service.