What does the Federal Law say about administrative supervision? Legislative framework of the Russian Federation Order of the Ministry of Internal Affairs 818 on administrative
Order of the Ministry of Internal Affairs of the Russian Federation of July 8, 2011 N 818
"On the Procedure for the implementation of administrative supervision over persons released from places of imprisonment"
With changes and additions from:
6.2. Organize activities to prepare and send to the judicial authorities the materials necessary to establish administrative supervision in relation to persons released from places of imprisonment before July 1, 2011 and who have an outstanding or unexpunged conviction for committing a crime against the sexual integrity and sexual freedom of a minor, as well as for committing a crime with dangerous and especially dangerous recidivism.
6.3. To ensure interaction, within the framework of the implementation of the granted powers, with the territorial bodies of the Federal Penitentiary Service of Russia and the judicial authorities on the implementation of administrative supervision over the persons specified in subclause 6.1 of this order.
6.4. To provide for the creation, within the existing staffing levels, of units for the organization and implementation of administrative supervision in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the regional and district levels *(5).
7. Control over the implementation of this order is entrusted to the Deputy Ministers in the areas of activity supervised.
Registration N 21672
______________________________
*(1) Collection of Legislation of the Russian Federation, 2011, No. 15, Art. 2011, hereinafter referred to as “Federal Law”.
*(4) Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2003, N 50, art. 4848; 2009, N 52, art. 6453; 2010, N 19, art. 2289; N 21, art. 2525; 2011, N 50, art. 7362; 2012, N 10, art. 1166; 2015, N 6, art. 885; 2016, N 27, art. 4262; 2018, N 9, art. 1292.
*(5) With the exception of line departments of the Ministry of Internal Affairs of the Russian Federation in railway, water and air transport.
On July 1, 2011, the Law came into force, which provides for the introduction of administrative supervision over certain persons released from prison. It has been established how the internal affairs body must monitor compliance by a supervised person at the place of residence or stay of administrative restrictions on his rights and freedoms established by the court, as well as the fulfillment of his prescribed duties.
Supervision is carried out by divisions for the organization and implementation of administrative supervision or by officials who are entrusted with the corresponding responsibilities, directorates, departments of the Ministry of Internal Affairs of Russia for municipalities, closed administrative towns, at particularly important and sensitive facilities, the Directorate of the Ministry at the Baikonur complex (hereinafter referred to as territorial bodies) . The goal is to prevent those under supervision from committing repeated crimes and other offenses, and to have an individual preventive impact on them.
The head of the territorial body, organizing activities for the implementation of supervision, approves the schedule of arrival of the supervised person at the territorial body for registration by a court decision. Sends for consideration to the court applications for establishing (extending) the period of administrative supervision or for its early termination, for partial cancellation or addition of administrative restrictions previously established for the supervised person, etc.
Employees of the supervision unit (other officials) are entrusted with maintaining records of those under supervision. They monitor them during the supervision period. The supervised person is called to the territorial authority and receives information from him regarding his compliance with restrictions and fulfillment of assigned duties. They conduct a preventive conversation with him during registration, during which his rights and responsibilities are explained and he is warned about responsibility. Implement measures to ensure compliance by the supervised person with established restrictions, etc.
Order of the Ministry of Internal Affairs of the Russian Federation dated 07/08/2011 N 818 “On the Procedure for carrying out administrative supervision over persons released from places of imprisonment” (with amendments and additions)
- ADDITIONAL INFORMATION. Home. Order of the Ministry of Internal Affairs of the Russian Federation dated July 8, 2011 N 818 “On the Procedure
- 3. GIAC (E.V. Martynov), DITSiZI (M.L. Tyurkin), GUOOOP (Yu.N. Demidov) of the Ministry of Internal Affairs of Russia, by September 1, 2011, to work out the issue and report proposals on ...
On the Procedure for the implementation of administrative supervision over persons released from places of deprivation of liberty (as amended on March 29, 2017), Order of the Ministry of Internal Affairs of Russia dated July 8, 2011 No. 818
Order of the Ministry of Internal Affairs of the Russian Federation of July 8, 2011 N 818
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Order of the Ministry of Internal Affairs of the Russian Federation of July 8, 2011 No. 818 “On the Procedure for the implementation of administrative supervision over persons released from places of imprisonment”
Administrative activities of the police
Order of the Ministry of Internal Affairs of the Russian Federation dated 07/08/2011 N 818 - Edition dated 06/25/2014 - Contour.Standard
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On the Procedure for administrative supervision of persons released from places of deprivation of liberty / Order of the Ministry of Internal Affairs of the Russian Federation dated July 8, 2011 No. 818, 21672 / Document SPS-19406549/17542438 SPS Pravo.ru
In order to implement the Federal Law of April 6, 2011 N 64-FZ “On administrative supervision of persons released from prison” -. I order: 1. To approve the attached Procedure for the implementation of administrative supervision over persons...
On amendments to the Order of the Ministry of Internal Affairs of Russia dated July 8, 2011 No. 818 “On the Procedure for the implementation of administrative supervision over persons released from places of imprisonment”, Order of the Ministry of Internal Affairs of Russia dated March 29, 2017 No. 166
Order of the Ministry of Internal Affairs of the Russian Federation No. 818 of 2011 - Information Retrieval Base search.prikaz.kz
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Order of the Ministry of Internal Affairs of the Russian Federation dated 07/08/2011 N 818
Order of the Ministry of Internal Affairs of the Russian Federation dated July 8, 2011 N 818 “On the Procedure for the implementation of administrative supervision over persons released from prison” - Regulatory framework - Lawyer Sergey Petrovich Zvyagin
1. Approve the attached Procedure for the implementation of administrative supervision over persons released from places of imprisonment<*>.
2. Heads of divisions of the central apparatus of the Ministry of Internal Affairs of the Russian Federation, main departments of the Ministry of Internal Affairs of the Russian Federation in federal districts, transport departments of the Ministry of Internal Affairs of the Russian Federation in federal districts, East Siberian, Transbaikal line departments of the Ministry of Internal Affairs of the Russian Federation in transport, Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation, educational institutions of the system of the Ministry of Internal Affairs of the Russian Federation, organize the study by the personnel of subordinate units of the requirements of this Procedure and the implementation of its provisions.
3. GIAC (E.V. Martynov), DITSiZI (M.L. Tyurkin), GUOOOP (Yu.N. Demidov) of the Ministry of Internal Affairs of Russia, before September 1, 2011, work out the issue and report proposals for organizing the registration of persons specified in the subparagraph 6.1 of this Order, at the federal and regional levels (IBD-F, IBD-R).
4. GUOOOP (Yu.N. Demidov), DITSiZI (M.L. Tyurkin), GIAC (E.V. Martynov) of the Ministry of Internal Affairs of Russia, FMS of Russia (K.O. Romodanovsky) to work out the issue of the feasibility of introducing amendments to the regulatory legal acts regulating the organization of interaction between the territorial bodies of the Ministry of Internal Affairs of Russia and the Federal Migration Service of Russia in the registration of citizens of the Russian Federation at the place of stay and place of residence, registration and issuance of passports of citizens of the Russian Federation, identifying them on the territory of the Russian Federation and abroad .
5. GUOOOP of the Ministry of Internal Affairs of Russia (Yu.N. Demidov), before September 1, 2011, prepare and report proposals agreed with the Ministry of Justice of Russia on the advisability of issuing an interdepartmental order defining the procedure for interaction and implementation of administrative supervision by territorial bodies of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia.
6. To the Ministers of Internal Affairs for the republics, heads of main departments, departments of the Ministry of Internal Affairs of the Russian Federation for other constituent entities of the Russian Federation:
6.1. Ensure the formation of operational and reference records of persons in respect of whom the court has established administrative supervision, as well as those released from places of imprisonment and who have an outstanding or unexpunged conviction for committing:
serious or especially serious crime;
crimes with repeat crimes;
intentional crime against a minor.
6.2. Organize activities to prepare and send to the judicial authorities the materials necessary to establish administrative supervision in relation to persons released from places of imprisonment before July 1, 2011 and who have an outstanding or unexpunged conviction for committing a crime against the sexual integrity and sexual freedom of a minor, as well as for committing a crime with dangerous and especially dangerous recidivism.
6.3. To ensure interaction, within the framework of the implementation of the granted powers, with the territorial bodies of the Federal Penitentiary Service of Russia, the Federal Migration Service of Russia and judicial authorities on the implementation of administrative supervision over the persons specified in subclause 6.1 of this Order.
6.4. Provide for the creation, within the existing staffing levels, of units for the organization and implementation of administrative supervision in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the regional and district levels<*>.
<*>With the exception of line departments of the Ministry of Internal Affairs of the Russian Federation in railway, water and air transport.
7. Control over the implementation of this Order is entrusted to the Deputy Ministers in the areas of activity supervised.
Minister
army General
R. NURGALIEV
1. The procedure for administrative supervision of persons released from prison<*>, developed in accordance with Part 2 of Article 8 of the Federal Law of April 6, 2011 N 64-FZ “On administrative supervision of persons released from places of imprisonment”<**>.
<**>Collection of Legislation of the Russian Federation, 2011, No. 15, Art. 2011, hereinafter referred to as “Federal Law”.
2. The procedure regulates the monitoring carried out by internal affairs bodies over the compliance of persons released from places of imprisonment<*>administrative restrictions established by the court on their rights and freedoms, as well as their fulfillment of duties provided for by Federal Law.
3. Administrative supervision is carried out by units for the organization and implementation of administrative supervision or by officials who are entrusted with the responsibilities for the implementation of administrative supervision<*>, directorates, departments of the Ministry of Internal Affairs of the Russian Federation for districts, cities and other municipalities, including several municipalities, directorates, departments of the Ministry of Internal Affairs of the Russian Federation for closed administrative-territorial entities, at particularly important and sensitive facilities, Directorates of the Ministry Internal Affairs of the Russian Federation at the Baikonur complex<**>in order to prevent the commission of crimes and other offenses by persons specified in Article 3 of the Federal Law, and to provide individual preventive influence on them.
4. Administrative supervision is carried out by territorial bodies through systematic monitoring of compliance by supervised persons at the place of residence or stay of administrative restrictions established by the court<*>and their fulfillment of the duties provided for by Federal Law<**>.
The law is simple: The structure of an electronic document is not complete. The full text will be published soon.
6.2. Instructs the head of the supervisory unit or other officials to carry out the necessary measures to organize and implement administrative supervision in relation to supervised persons living (staying) in the service territory of the territorial body.
Approves the schedule of arrival of the supervised person by court decision to the territorial body for registration (Appendix No. 3).
6.3. Checks the conduct of administrative supervision affairs at least once a quarter and makes appropriate entries in the inspection sheet (Appendix No. 4).
6.4. Submits, if there are sufficient grounds for consideration, to the court applications for the establishment, extension of the period of administrative supervision (Appendices No. 5, No. 6 and No. 7) or for its early termination, as well as for partial cancellation or addition of administrative restrictions previously established for the supervised person.
6.5. Makes a decision to terminate administrative supervision in relation to the supervised person (Appendix No. 8) in accordance with Part 1 of Article 9 of the Federal Law.
6.6. Gives permission, upon receipt of notification from a supervised person, for his stay outside the residential or other premises that is his place of residence (stay), for a short-term departure outside the territory established by the court in connection with exceptional personal circumstances established by Part 3 of Article 12 of the Federal Law.
6.7. Decides to initiate a criminal case under Article 314.1 of the Criminal Code of the Russian Federation<*>, and carrying out, in accordance with the established procedure, the search for a person suspected of committing a crime, if facts of evasion of administrative supervision by a supervised person are revealed.
<*>Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2011, N 15, art. 2039, hereinafter referred to as "UK".
7. Employees of the supervisory unit or other officials when carrying out administrative supervision:
7.1. On behalf of the head of the territorial body, they open administrative supervision cases and register them in the prescribed manner. Keep records of supervised persons, organize work to monitor them during the period of administrative supervision.
7.2. They request an administrative supervision file in case of non-receipt from the territorial body from whose service territory the supervised person arrived at the place of residence (stay).
If a copy of the court decision is not received from the correctional institution that initiated the establishment of administrative supervision, it is requested from the specified correctional institution.
7.3. They inform within one working day about the registration with the territorial body of the supervised person of the local police commissioner in whose service territory this person will reside (stay), employees of combat units: police patrol service, private security, traffic police traffic police; units authorized to carry out operational investigative activities, duty units of territorial bodies, as well as police officers of line departments, departments of the Ministry of Internal Affairs of Russia in railway, water and air transport (Appendix No. 9) to participate, within the scope of their competence, in monitoring compliance by supervised persons with the established court rules administrative restrictions and fulfillment of duties provided for by Federal Law.
7.4. The relevant information about the arrival of the supervised person is entered into the route sheet (Appendix No. 10), certified with the seal (stamp) of the territorial body and attached to the administrative supervision case materials. If a supervised person changes his place of residence (stay), he is issued a route sheet and the territorial authorities at the place of his arrival are informed in writing about this.
7.5. The supervised person is summoned to the territorial body, receives from him oral or written explanations and other information regarding his compliance with the administrative restrictions established by the court and the fulfillment of the duties assigned by Federal Law.
7.6. They request monthly the necessary information and materials (Appendix No. 11) on the facts of bringing supervised persons to administrative responsibility in information centers and divisions for the implementation of administrative legislation of territorial bodies. If they have access to information databases (data banks) at the regional level, they obtain such information independently.
7.7. They report in a report addressed to the head of the territorial body proposals for making a decision on preparing and sending to the court an application to extend the period of administrative supervision in the event of establishing facts of bringing supervised persons to administrative responsibility for offenses against the order of management and (or) administrative offenses encroaching on public order and public safety and (or) public health and public morality.
If necessary, submit a report to the head of the territorial body on proposals to supplement the administrative restrictions previously established in relation to the supervised person.
7.8. Prepare reports addressed to the head of the territorial body on the need to establish administrative supervision over persons in respect of whom the court may establish administrative supervision, as well as corresponding applications to the court.
Applications are accompanied by materials in accordance with Article 261.6 of the Civil Procedure Code of the Russian Federation<*>.
<*>Collection of legislation of the Russian Federation, 2002, N 46, art. 4532; 2011, N 15, art. 2039, hereinafter referred to as "GPK".
7.9. After a court decision is made, they open and register cases of administrative supervision, enter information about supervised persons into the register of persons released from places of deprivation of liberty, in respect of whom administrative restrictions have been established by the court (Appendix No. 12), and within three working days draw up information cards on supervised persons persons (Appendix No. 13) who are sent for registration to the information center and the duty station of the territorial authority.
7.10. Additional information cards are sent to the departments specified in subclause 7.9 of the Procedure in the event of a change in the place of residence or stay, passport and other data of the supervised person.
7.11. Fill out watch lists (Appendix No. 14) for supervised persons for referral to departments, departments of the Ministry of Internal Affairs of Russia in railway, water and air transport.
7.12. They make entries in the registration sheet (Appendix No. 15), give the supervised person, against signature, a copy of the schedule of arrival of the supervised person to the territorial body for registration, approved by the head of the territorial body, by a court decision.
7.13. A preventive conversation is held with the supervised person during registration, during which his rights and obligations are explained and he is warned about liability for violating administrative restrictions established by the court and failure to fulfill the obligations provided for by Federal Law. At the same time, he is given a corresponding warning against signature (Appendix No. 16), the second copy of which is attached to the materials of the administrative supervision case.
If the supervised person refuses to sign, the text of the warning is read out loud to him in the presence of two witnesses, about which a corresponding entry is made in the warning.
7.14. Implement measures to ensure that the supervised person fulfills the administrative restrictions established by the court.
7.15. Prepare the necessary materials and an application to the court for the extension of the period of administrative supervision or its early termination, as well as for the partial cancellation or addition of administrative restrictions previously established for the supervised person in accordance with the requirements of Articles 261.5 and 261.6 of the Code of Civil Procedure.
7.16. By decision of the head of the territorial body, the administrative supervision case is sent to the territorial body at the new place of residence (stay) of the supervised person, and a route sheet is drawn up for him.
7.17. They submit a report to the head of the territorial body about the end of the period of administrative supervision of the supervised person, after which the materials are written off as a file and handed over to the archive.
7.18. In order to ensure effective preventive impact on persons under administrative supervision, they interact with territorial divisions of federal executive authorities, state authorities of the constituent entities of the Russian Federation and local governments, as well as other organizations, public associations and citizens.
7.19. Analyze the effectiveness of the ongoing preventive work with supervised persons, make proposals to the head of the territorial body for its improvement.
8. District police officers, participating in the implementation of administrative supervision:
8.1. Enter information about supervised persons in the passport to the administrative site.
8.2. They monitor supervised persons, report monthly to the head of the territorial body on their compliance with the administrative restrictions established by the court and the fulfillment of the duties assigned to them by Federal Law, the possibility of them committing crimes and other offenses, including those related to evasion of administrative supervision.
8.3. They carry out individual preventive work with supervised persons, during which they receive from them oral or written explanations and other information regarding their violation of administrative restrictions established by the court and failure to fulfill the duties assigned to them by Federal Law.
Information based on the results of conversations and activities for the implementation of administrative supervision with supervised persons is entered into questionnaires and sheets for recording preventive measures (Appendices No. 17 and No. 18).
8.4. In order to obtain information about the behavior of the supervised person, they request information at the place of work and (or) place of his residence (stay).
8.5. They make entries in the route sheet about the behavior of the supervised person at the end of his temporary stay at the serviced administrative site.
8.6. They get acquainted with the entries in the route sheet upon the supervised person’s return to the place of residence (stay), make notes on their arrival and attach them to the administrative supervision file.
8.7. Report to the head of the territorial body on the facts of failure of the supervised person to arrive at the chosen place of residence (stay) within the established period, departure from the place of residence (stay) without the permission of the territorial body or failure of the supervised person to return to the place of residence (stay) by the established date without good reason, take measures to establish his whereabouts.
8.8. When identifying facts of residence (stay) in the serviced administrative areas of supervised persons released from places of deprivation of liberty and who did not arrive without good reason within the period determined by the administration of the correctional institution to their chosen place of residence (stay), as well as persons who left their place of residence (stay) without permission ), in order to evade administrative supervision, ensure their detention and delivery to territorial authorities.
8.9. Visit supervised persons at their place of residence (stay) at a certain time of day, during which these persons are prohibited from staying outside the specified premises<*>.
8.10. The results of the visit to the supervised person at the place of residence (stay) are drawn up in an act (Appendix No. 19).
After drawing up the act and signing it by the persons who took part in the visit, it is presented to the supervised person against signature (if located at the place of residence (stay)).
8.11. At the direction of the head of the territorial body, they collect materials regarding persons evading administrative supervision, before transferring the materials to a specialized investigation unit.
8.12. Interact with operational duty officers of the duty units of territorial bodies, police officers of combat units of the patrol service, private security and traffic police of the State Traffic Safety Inspectorate, units authorized to carry out operational investigative activities, police officers of line departments, departments of the Ministry of Internal Affairs of Russia on railway, water and air transport on issues preventing and suppressing crimes and other offenses on the part of supervised persons.
9. Operational duty officers of the duty units of territorial bodies:
9.1. Provide incoming police squads with information about the persons under surveillance.
9.2. A note of arrival is made on the route sheet or registration sheet when contacting the duty station of the supervised person in the evening and at night, on weekends and holidays, which is reported to employees of the supervision unit or other officials during the day on duty.
9.3. They inform the territorial authorities at the place of residence (stay) of supervised persons about bringing them to administrative responsibility for committing administrative offenses against the order of management and (or) administrative offenses encroaching on public order and public safety and (or) on public health and public morality.
9.4. They take measures to detain supervised persons who evade administrative supervision and hide from the bodies of inquiry, immediately inform the territorial bodies exercising administrative supervision, or the territorial bodies on whose territory the supervised person was supposed to arrive for residence (stay), about the detention.
10. Employees of line departments, departments of the Ministry of Internal Affairs of Russia in railway, water and air transport, line departments, police stations, participating in the implementation of administrative supervision:
10.1. The territorial authorities at the place of residence (stay) of the supervised persons are informed within three days about bringing them to administrative responsibility for committing administrative offenses against the administrative order, encroaching on public order and public safety, on public health and public morality.
10.2. If persons under administrative supervision are detected among passengers, they check the legality of their stay (travel) on railway, water and air transport.
10.3. Without violating the transport schedule, supervised persons who have committed violations of administrative restrictions established by the court are delivered to the nearest line department, department of the Ministry of Internal Affairs of Russia for railway, water and air transport.
10.4. They take measures to detain supervised persons who evade administrative supervision or are hiding from the bodies of inquiry; they immediately inform the territorial bodies exercising administrative supervision or the territorial bodies on whose territory the supervised person was supposed to arrive for residence (stay) about the detention.
11. Police officers authorized to carry out operational investigative activities within the limits of their powers:
11.1. Take part in monitoring compliance by supervised persons with administrative restrictions established by the court and the duties assigned to them by Federal Law.
11.2. At the direction of the head of the territorial body, they collect information to establish the location of supervised persons evading administrative supervision.
11.3. Carry out, in accordance with the established procedure, a search for supervised persons suspected of committing a crime under Article 314.1 of the Criminal Code.
12. Employees of other departments, when performing the functions assigned to them, in cases of violations by a supervised person of administrative restrictions established by the court and obligations imposed by Federal Law, deliver them to the territorial body to take measures in accordance with the legislation of the Russian Federation.
MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION ORDER Moscow March 29, 2017 No. 166On amendments to the order of the Ministry of Internal Affairs of Russiadated July 8, 2011 No. 818 “On the Procedure for Implementationadministrative supervision over persons releasedfrom places of detention"Registered by the Ministry of Justice of Russia on April 25, 2017.Registration No. 46483Amend the order of the Ministry of Internal Affairs of Russia dated July 8, 2011 No. 818 “On the Procedure for carrying out administrative supervision over persons released from places of imprisonment”<1>according to the attached List. Minister General of Police of the Russian Federation V. Kolokoltsev ____________ <1>Registered with the Ministry of Justice of Russia on August 19, 2011, registration No. 21672, as amended by orders of the Ministry of Internal Affairs of Russia dated June 30, 2012 No. 657 (registered with the Ministry of Justice of Russia on July 30, 2012, registration No. 25046), dated June 25, 2014 No. 534 (registered with the Ministry of Justice of Russia on August 25, 2014, registration No. 33856). ____________ Application to the order of the Russian Ministry of Internal Affairsdated March 29, 2017 No. 166 SCROLL changes made to the order of the Ministry of Internal Affairs of Russia dated July 8, 2011No. 818 "On the Procedure for Administrative Supervisionfor persons released from prison"1. In subclause 6.3 of clause 6 of the order, the words “FMS of Russia” should be deleted.2. In the Procedure for carrying out administrative supervision over persons released from places of imprisonment (appendix to the order): 2.1. In point 3: 2.1.1. After the words “directorates, departments” add the word “divisions”.2.1.2. After the words “for several municipalities,” add the words “directorates, departments, branches of the Ministry of Internal Affairs of the Russian Federation on parts of the territories of the administrative centers of the constituent entities of the Russian Federation.”2.2. In clause 5 and subclauses 7.3 of clause 7, 8.12 of clause 8:2.2.1. The words "private security" should be deleted.2.2.2. After the words “linear departments, departments” add the word “departments”.2.3. In subclause 7.11 of clause 7, after the words “administrations, departments”, add the word “divisions”. 2.4. In paragraph 10: 2.4.1. After the words “linear departments, departments”, add the word “departments”.2.4.2. After the words “transport, linear” add the word “departments.”2.5. In footnote 1 to paragraph 17, after the word “departments”, add the word “departments”.2.6. In the case of administrative supervision (Appendix No. 1 to the Procedure):2.6.1. The words “(administration, department of the Ministry of Internal Affairs of Russia for regions, cities and other municipalities)” should be deleted.2.6.2. The words “territorial body of the Ministry of Internal Affairs of Russia” should be replaced with the words “name of the territorial body of the Ministry of Internal Affairs of Russia at the district level.”2.7. In the register of persons released from places of deprivation of liberty, for whom, in accordance with the legislation of the Russian Federation, restrictions have been established by the court (Appendix No. 12 to the Procedure), the words “administration, department” should be replaced with the words “territorial body”.2.8. In the information card for a supervised person (Appendix No. 13 to the Procedure), after the word “(department)” add the word “group”. ____________
MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Amend the order of the Ministry of Internal Affairs of Russia dated July 8, 2011 N 818 “On the Procedure for the implementation of administrative supervision over persons released from places of imprisonment” in accordance with the attached List.
________________
Registered with the Ministry of Justice of Russia on August 19, 2011, registration N 21672, as amended by orders of the Ministry of Internal Affairs of Russia dated June 30, 2012 N 657 (registered with the Ministry of Justice of Russia on July 30, 2012, registration N 25046), dated June 25, 2014 N 534 (registered with the Ministry of Justice of Russia on August 25, 2014, registration N 33856), dated March 29, 2017 N 166 (registered with the Ministry of Justice of Russia on April 25, 2017, registration N 46483).
General of Police of the Russian Federation
V. Kolokoltsev
Registered
at the Ministry of Justice
Russian Federation
registration N 50788
Application. List of changes made to the order of the Ministry of Internal Affairs of Russia dated July 8, 2011 N 818 “On the Procedure for administrative supervision of persons released from places of imprisonment”
Application
to the order of the Russian Ministry of Internal Affairs
1. In the order:
1.1. In paragraph 2, the words “main departments of the Ministry of Internal Affairs of the Russian Federation for the federal districts” should be replaced with the words “Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the North Caucasus Federal District.”
1.2. In subclause 6.1 of clause 6:
1.2.1. In paragraph one, the words “operational and reference records” should be replaced with the words “in the application service of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia - the Service for ensuring the protection of public order of records of information.”
1.2.2. The first paragraph should be supplemented with footnote 1 as follows:
1.2.3. Add paragraph five as follows:
"two or more crimes provided for by the first part of Article 228, Article 228_3, the first part of Article 231, the first part of Article 234_1 of the Criminal Code of the Russian Federation.".
1.2.4. The fifth paragraph should be supplemented with footnote 2 as follows:
"Collection of Legislation of the Russian Federation, 1996, N 25, Art. 2954; 2003, N 50, Art. 4848; 2009, N 52, Art. 6453; 2010, N 19, Art. 2289; N 21, Art. 2525; 2011 , N 50, art. 7362; 2012, N 10, art. 1166; 2015, N 6, art. 885; 2016, N 27, art. 4262;
2. In the Procedure for carrying out administrative supervision over persons released from places of imprisonment (appendix to the order):
2.1. In paragraph 4:
2.1.1. The words “or stay” should be replaced with the words “stay or actual presence”.
2.1.2. Add footnote 6 with the following content:
"Clause 4 of Article 1 of the Federal Law."
2.1.3. The words “restrictions” and “obligations” shall be replaced with the words “limitations” and “obligations”, respectively.
2.2. In paragraph 6:
2.2.1. In subclause 6.1:
2.2.1.1. The word "(abiding)" is replaced by the words "(abiding or actually located)".
2.2.1.2.
2.2.2. In subclause 6.2, replace the word “(staying)” with the words “(staying or actually being)”.
2.3. In paragraph 7:
2.3.1. In paragraph one of subclause 7.2, replace the word “(stay)” with the words “(stay or actual location)”.
2.3.2. In subclause 7.3:
2.3.2.1. The word "(abide)" is replaced with the words "(abide or actually be)".
2.3.2.2. The words "(Appendix No. 9)" should be deleted.
2.3.3. In subclause 7.4:
2.3.3.1. The words "(Appendix No. 10)" should be deleted.
2.3.3.2. The word “(stay)” should be replaced with the words “(stay or actual presence)”.
2.3.3.3. After the words “his arrival” add the words “(Appendices No. 9 and No. 10)”.
2.3.4. Subclause 7.6
"7.6. Conduct a monthly electronic check of information on the involvement of supervised persons:
to criminal liability according to the records of the federal government institution "Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation" and (or) information centers of territorial bodies of the Ministry of Internal Affairs of Russia at the regional level;
to administrative responsibility for recording SOOP (Appendix No. 11), in the presence of which they request the necessary materials from the divisions for the implementation of administrative legislation of territorial bodies."
2.3.5. Subclause 7.6 should be supplemented with footnote 1 as follows:
2.3.6. The first paragraph of subclause 7.7 after the word “morality” is supplemented with the words “, and (or) provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of the Russian Federation on Administrative Offenses. ".
2.3.7. Subclause 7.7 should be supplemented with footnote 2 as follows:
"Collection of Legislation of the Russian Federation, 2002, N 1, Art. 1; 2007, N 26, Art. 3089; 2009, N 52, Art. 6412; 2013, N 30, Art. 4029; 2015, N 1, Art. 81 ; 2018, No. 11, Art. 1577. Hereinafter referred to as “Administrative Code”.
2.3.8. In paragraph two of subclause 7.8, replace the words “261.6 of the Civil Procedure Code” with the words “271 of the Code of Administrative Proceedings”.
2.3.9. Footnote 1 to the second paragraph of subclause 7.8 should be considered footnote 3 and stated as follows:
"Collection of Legislation of the Russian Federation, 2015, No. 10, Art. 1391; 2018, No. 1, Art. 5. Hereinafter referred to as "CAS."
2.3.10. In subclause 7.9, replace the words “accounting in the information center and” with the words “information in”.
2.3.11. Subclause 7.10 should be stated as follows:
"7.10. An additional information card is sent to the duty station in the event of a change in the place of residence, stay or actual location, identity document details, and other data of the supervised person."
2.3.12. In subclause 7.15, replace the words “261.5 and 261.6 of the Code of Civil Procedure” with the words “270 and 271 CAS”.
2.3.13. In subclause 7.16, replace the word “(stay)” with the words “(stay or actual location)”.
2.4. In paragraph 8:
2.4.1. In subclauses 8.4, 8.6, replace the word “(stay)” with the words “(stay or actual location)”.
2.4.2. In subclause 8.7:
2.4.2.1. The words “from the place of residence (stay)” should be replaced with the words “from the place of residence (stay) or actual location.”
2.4.2.2. The words “to the place of residence (stay)” should be replaced with the words “to the place of residence (stay or actual location)”.
2.4.3. In subclause 8.8:
2.4.3.1. The words “facts of residence (stay)” should be deleted.
2.4.3.2. The words “place of residence (stay)” should be replaced with the words “place of residence (stay or actual location)”.
2.5. In paragraph 9:
2.5.1. In subclause 9.3:
2.5.1.1. The word “(stay)” should be replaced with the words “(stay or actual presence)”.
2.5.1.2. After the word “morality” add the words “and (or) provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of Administrative Offenses.”
2.5.2. In subclause 9.4, replace the word “hiding” with the word “hiding”.
2.6. In subclause 10.1 of clause 10:
2.6.1. The word “(stay)” should be replaced with the words “(stay or actual presence)”.
2.6.2. After the word “morality” add the words “and (or) provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of Administrative Offenses.”
2.7. In subclause 13.2 of clause 13:
2.7.1. In paragraph two:
a) the words “and also” should be deleted;
b) after the words “recidivism of crimes” add the words “for committing a grave or especially grave crime provided for in paragraph “l” of the second part of Article 105, paragraph “e” of the second part of Article 111, paragraph “h” of the second part of Article 117, part four Article 150 (if a crime is committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group), -205_5 , , , , , , - , -282_3 , , , , and 361 of the Criminal Code, as well as for committing a crime while under administrative supervision, for which this person was sentenced to imprisonment and sent to the place of serving the sentence."
2.7.2. In paragraph three:
2.7.2.1. After the word “minor” add the words “two or more crimes provided for in part one of Article 228, Article 228_3, part one of Article 231, part one of Article 234_1 of the Criminal Code”;
2.7.2.2. After the word “morality” add the words “and (or) provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 of the Code of Administrative Offenses.”
2.8. Clause 14 is declared invalid.
2.9. The title of Chapter III after the word “interaction” should be supplemented with the words “territorial bodies of the Federal Penitentiary Service of Russia and”.
2.10. In paragraph 15:
2.10.1. Add subclause 15.3_1 with the following content:
"15.3_1. Upon release from places of imprisonment of a person specified in Part 2.1 of Article 3 of the Federal Law, in respect of whom administrative supervision is suspended in accordance with paragraph 4 of Part 5 of Article 5 of the Federal Law, he is given an order (Appendix No. 20) to leave for chosen place of residence, taking into account the administrative restrictions established by the court."
2.10.2. Subclause 15.5 should be stated as follows:
"15.5. At the request of the territorial body of the Ministry of Internal Affairs of Russia at the district level, within ten days it sends a copy of the court verdict and a reference letter to the person specified in subclause 13.2 of clause 13 of this Procedure."
2.11. In subclause 16.4 of clause 16:
2.11.1. In paragraph one, replace the words “or stay” with the words “, stay or actual presence.”
2.11.2. In paragraph three, replace the words “Criminal Code of the Russian Federation” with the abbreviation “UK”.
2.12. Clause 17 shall be supplemented with subclause 17.4 as follows:
"17.4. Within three days after conducting an inspection of the records of the FKU "GIAC of the Ministry of Internal Affairs of Russia" and (or) the Information Center, if there is information about the conviction of a supervised person to imprisonment, they are sent to the territorial body of the Federal Penitentiary Service of Russia at the place of his conviction for inclusion in the personal file of the convicted person, stored in a correctional institution, notification of:
termination of administrative supervision in relation to a supervised person sentenced to imprisonment and sent to the place of serving the sentence (Appendix No. 22);
suspension of the period of administrative supervision in relation to a supervised person specified in Part 2.1 of Article 3 of the Federal Law, sentenced to imprisonment and sent to the place of serving the sentence (Appendix No. 23).
3. In the case of administrative supervision (Appendix No. 1 to the Procedure):
3.1. The words “address of residence, stay” should be replaced with the words “place of residence (stay or actual location)”.
3.2. The words “information and reference records” should be replaced with the words “SOOP records”.
4. In the schedule of arrival of the supervised person for registration (Appendix No. 3 to the Procedure):
4.1. After the words “last name, first name, patronymic,” add the words “place of residence (stay or actual location).”
4.2. The words “released from places of imprisonment, with administrative supervision established by the court, arriving “___” ______20__ to the chosen place of residence (stay)” should be deleted.
5. In the application (Appendix No. 5 to the Procedure):
5.1. The words “registration or temporary stay” should be replaced with the words “residence (stay or actual location”).
5.2. The words “address of residence (stay)” should be replaced with the words “residence (stay or actual location”).
6. In the application (Appendix No. 6 to the Procedure), replace the words “or stay” with the words “(stay or actual location.”
7. In the title of the sheet for recording monthly checks of the supervised person on information and reference records of administrative offenses committed (Appendix No. 11 to the Procedure), replace the words “information and reference records” with the words “registration of SOOP”.
8. Appendix No. 13 to the Procedure shall be stated as follows:
"Appendix No. 13
to the Implementation Procedure
administrative supervision
for persons released
Information card for a supervised person
Last name, first name, patronymic (if available) | |||||
Date of Birth: | |||||
Country of birth: | |||||
Place of Birth: | |||||
Citizenship: | |||||
Identity documents: | ||||||||
(type, series/number, issued by, date of issue, authority code) |
||||||||
Phones: | ||||||||
Address of residence (stay or actual location): | ||||||||
Place of work: | ||||||||
(name and address of organization, position and telephone number) |
||||||||
Place of study: | ||||||||
(name of educational institution) |
||||||||
Information about administrative supervision: |
||||||||
Date of establishment of supervision "___" ____________ 20____ |
||||||||
End date of supervision "___" ____________ 20____ |
||||||||
(grounds for establishing administrative supervision) |
||||||||
Last name, first name, patronymic (if any) of the official exercising supervision: |
||||||||
Territorial accounting authority: | ||||||||
Avoids administrative supervision: | ||||||||
Established administrative restrictions: | ||||||||
(type of restriction, description) |
||||||||
9. In the watch list (Appendix No. 14 to the Procedure), replace the words “or stay” with the words “stay or actual presence.”
10. The warning (Appendix No. 16 to the Procedure) after the words “public morality” should be supplemented with the words “, and (or) provided for in Part 7 of Article 11.5, and (or) Article 11.9, and (or) Article 12.8, and (or) Article 12.26 Code of Administrative Offences."
11. The questionnaire of the supervised person (Appendix No. 17 to the Procedure) after the word “stay” should be supplemented with the words “or actual location”.
12. Add Appendix No. 22 with the following content:
"Appendix No. 22
to the Implementation Procedure
administrative supervision
for persons released
To the boss | |||
for stamp |
NOTIFICATION
on termination of administrative supervision
I inform you that administrative supervision in relation to | ||||||||
established by "___" ____________ 20____ decision | ||||||||
(name of court) | ||||||||
terminated "___" ____________ 20____ on the grounds: | condemnation of a supervised person to deprivation |
|||||||
freedom and sending him to the place of serving his sentence |
||||||||
(grounds for termination of administrative supervision) |
||||||||
Boss | ||||||||
(signature) | (initials, surname) |
|||||||
13. Add Appendix No. 23 with the following content:
"Appendix No. 23
to the Implementation Procedure
administrative supervision
for persons released
To the boss | |||
for stamp | (name of the territorial body of the Federal Penitentiary Service of Russia) |
NOTIFICATION
on suspension of the period of administrative supervision
I inform you that the period of administrative supervision in relation to |
|||||||
(last name, first name, patronymic, date of birth, registration (residence) address) | |||||||
established by "___" ____________ 20____ decision | |||||||
(name of court) | . | ||||||
(grounds for suspending the period of administrative supervision) |
|||||||
Boss | |||||||
(name of the territorial body of the Ministry of Internal Affairs of Russia) | |||||||
(signature) | (initials, surname) |
||||||
AGREED
Director of the Federal Service
execution of punishments
G. Kornienko
Electronic document text