NEWS

The Moscow Region Business Ombudsman Vladimir Golovnev took part in a round- table meeting on the topic “Forced labor. Business assistance and participation ".

The main topic of the round table, which took place on April 20th at the Public Chamber of the Russian Federation at the initiative of the Federal Business Ombudsman, was a discussion of the practice of interaction between business and institutions executing punishment in the form of forced labor.

To date, the use of this punishment or the replacement of a more serious measure with forced labor can be applied in a broader format, but due to certain restrictions it is not fully implemented. Assistance to the business community in the implementation of the reform of criminal and penal legislation can contribute to the socialization of convicts, as well as eliminate the sectoral staff deficit.
The round table was attended by the Presidential Ombudsman for the Protection of the Rights of Entrepreneurs Boris Titov, the Head of the Federal Penitentiary Service of Russian Federation in  Moscow Sergey Moroz, the Ombudsman for the Protection of the Rights of Entrepreneurs in Moscow Tatyana Mineeva, the Chairman of the Commission of the Public Chamber of the Russian Federation for Security  Alexander Vorontsov, Head of the Department for  Organization of punishment execution, not related to isolation of convicted persons from society, of the Federal Penitentiary Service of Russian Federation Elena Korobkova, public representative of the Presidential Commissioner for the Protection of Entrepreneurs' Rights on the Observance of the Rights of Entrepreneurs, in respect of whom a preventive measure related to restriction of freedom has been chosen, entrepreneurs serving sentences in prisons Yury Osipenko, regional ombudsmen for the protection of the rights of entrepreneurs and their public representatives, representatives of large industrial businesses in Moscow, the Moscow Region and other entities of the Russian Federation, representatives of regional  public oversight commissions, where this practice is already being implemented (Moscow Region, Voronezh Region) and others.
The round table participants discussed general issues related to the practical implementation of forced labor as a measure of criminal punishment. 

During the discussion, the main legal provisions, social and economic aspects of the implementation of this measure of punishment in Russia, participation of business in creating conditions for expanding the practice of applying this punishment (risks, format, etc.), and also discussed the main problems that employers face when implementing this punishment and ways to solve them.
The participants of the event also informed of successful practices in attracting the business community for the employment of convicts, compared the experience of individual correctional centers and individual labor stations operating in various constituent entities of the Russian Federation. 

According to the Moscow Region Business Ombudsman Vladimir Golovnev, the topic under discussion is relevant for the Moscow region. 

Federal Law No. 420-FZ from  07.12.2011 introduced a new type of criminal punishment into the Criminal Code of the Russian Federation and certain legislative acts - forced labor. This type of punishment is imposed by the court for crimes of small and medium severity, the maximum type of punishment for which does not exceed 5 years, as well as for crimes in which there is no malicious intent or in the event of a change in the type of punishment (replacement of the unserved part of the punishment) for a milder form in the form of forced labor.
At the same time, those sentenced to forced labor serve their sentences in special institutions (correctional centers) located within the territory in which they lived before the conviction. Correctional centers can be created both on the basis of the property complex of the Federal Penitentiary Service, and on the basis of property provided for free use by organizations using the labor of such convicts.
This type of punishment has many advantages for the convicts themselves. First, it is the ability to serve a sentence close to relatives and maintain social ties. Secondly, this type of punishment allows you to get a job and receive remuneration for your work, while providing material assistance to your loved ones, as well as to compensate the injured party for the damage caused. Another important factor that can play a positive role in the fate of the convict and his correction is the acquisition of new professional skills or the acquisition of a profession.
Those serving sentences have the opportunity to stay to work at the same enterprises after the expiration of the term of forced labor. 

According to the Federal Penitentiary Service of Russia for the Moscow Region, currently the execution of punishment in the form of forced labor is provided in 71 territorial authorities of the Federal Penitentiary Service In Russia, 26 correctional centers and 82 isolated sections have been created, functioning as correctional centers, including on the territory of the Moscow region.
As of April 2021, the number of citizens serving a sentence of imprisonment in correctional institutions of the Moscow Region and who are residents of the Moscow Region, who have reached the deadline for a possible appeal to the court in order to replace the unserved part of the sentence with forced labor is 670 people. In total, more than 6 thousand convicts who are residents of the Moscow Region have reached such a term in Russia. 

“There is a shortage of personnel in some branch organizations of the Moscow Region. There are not enough workers in agriculture, construction, housing and communal services. Those sentenced to forced labor could live and work at the enterprises of the Moscow region, be closer to their families, and having the opportunity to earn money, contribute to the strengthening of the region's economy and the development of its infrastructure. This is a real opportunity for convicts to return to normal life, become full-fledged members of our society, acquire a profession, and for business - to fill the staff shortage and provide enterprises with a full load "-said Vladimir Golovnev  during his speech.
According to the Business Ombudsman in the Moscow Region, there are already positive examples of interaction between penitentiary institutions and businesses in the Moscow Region. 

“On the basis of the" Gofron" entity in Kashira urban district, for a year those sentenced to forced labor have been carrying out labor activities. This enterprise has already accumulated some experience of working with those serving sentences and can share it with other regions. Thanks to the assistance of the Government of the Moscow Region and the regional department of the Federal Penitentiary Service of Russia, three more sites are currently being prepared for opening in Istra, Odintsovo and Dmitrovsky urban districts"- said Vladimir Golovnev.
Let us recall that today the reform of the criminal and criminal-executive legislation continues, including in terms of the main directions of optimizing the system of criminal penalties. At present, we are talking about expanding in the constituent entities of the Russian Federation the network of correctional institutions executing punishment in the form of forced labor on the basis of existing enterprises and organizations.

Автор: OS,YM
Источник: Пресс-служба Владимира Головнева

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