As you know, not all citizens who have been in prison are corrected and admit their mistakes. A large number of former prisoners are still extremely antisocial and even dangerous people. That is why in 2011 a special normative act was adopted - -64 "On administrative supervision of persons released from prison." The presented law will be considered in detail in the article.
General provisions of the Federal Law
Article 1 of the presented regulatory act contains information on the basic concepts and terms that may be applied in subsequent provisions of the law. The first and most basic concept, which is worth highlighting here, is called administrative supervision. What it is?
The law presents administrative supervision as monitoring a person who has recently been released from prison. Supervision is carried out by internal affairs bodies. A supervised person is a citizen in respect of whom supervision is carried out. The supervisor often has certain administrative restrictions. This, according to the law, restricts certain freedoms and rights of a person who has returned from prison.
What is the main task of FZ-64 "On administrative supervision"? Article 2 speaks of preventing the commission of crimes and offenses.
For whom is administrative supervision established?
Article 3 of Federal Law-64 “On Administrative Supervision” states that a court may establish a requirement under which supervision by internal affairs bodies will be carried out in relation to the following persons:
- repeat offenders;
- committed a crime of a grave or especially grave nature;
- committed intentional crimes against persons under the age of majority.
A person who has an outstanding criminal record or has constantly violated order in places of imprisonment should be subject to special administrative supervision.
About restrictions and terms
As already mentioned, a supervised citizen is somewhat limited in his rights. According to Federal Law-64 “On Administrative Supervision”, these may be restrictions of the following nature:
- a ban on staying in certain places, the list of which is established by the court;
- a ban on attending public events;
- a ban on leaving the territory indicated by the court;
- restriction of stay in certain places at certain periods of the day.
It is also worth noting that the court is obliged to establish the following restrictions on supervised persons:
- the appearance of a citizen without fail several times a month (the exact number is determined by the court) to the internal affairs body for registration;
- a ban on traveling beyond the territories established by the court.
Courts or other authorized authorities should collect information about a supervised citizen. Based on the information collected, a decision will be applied on the possible removal of the established restrictions. In relation to a person who has served a sentence for a crime against sexual freedom of a minor and sexual integrity, administrative supervision cannot be terminated ahead of schedule.
It is also worth talking about the period during which administrative supervision can be implemented. Here, everything strictly depends on the type of crime committed by a person who returned from prison. However, in accordance with Article 5 of Federal Law-64 “On Administrative Supervision”, restrictions may not function for less than one year and not more than three years for the repayment of a criminal record. There is another option here, in which the duration of serving a sentence is deducted from the term for the repayment of a criminal record.
On the establishment, termination, extension and implementation of administrative supervision
In accordance with Federal Law No. 64-FZ "On Administrative Supervision", supervision of persons released from prison is established by the court at the request of the correctional institution. Extension of the supervision period may also be carried out by the court. The main reasons for the extension of the supervisory period is, as you might guess, the commission of an offense by a supervised citizen.
The decision to terminate administrative supervision shall be made by the court in the following cases:
- expiration of the supervisory period;
- removal of criminal record from the person in respect of whom supervision was carried out;
- conviction of the supervised person and his direction again to places of deprivation of liberty;
- in connection with the death of the supervised person;
- due to the application of mandatory medical measures in relation to the supervised person.
The comments to Federal Law-64 “On Administrative Supervision,” as amended in 2017, state that supervision may be terminated ahead of schedule if the supervised person conscientiously fulfills its duties. And what responsibilities does a citizen have in respect of whom is supervised? This will be described later.
On the rights and obligations of a supervised citizen
The person subject to supervision is required to comply with all requirements established by the court, namely, register with the police department, notify authorities of a change of residence, allow police officers to go home, etc.
FZ-64 "On Administrative Supervision," as amended on May 28, 2017, also secures the basic rights of a supervised citizen. Here it is worth highlighting:
- appeal to the court with a request for early termination of supervision;
- appeal of court decisions;
- short-term appeal to the Department of Internal Affairs with applications for exit permits.
What amendments were introduced to FZ-64 in May 2017? It is worth highlighting the addition of Article 1 with the concept of "actual residence". That is, a person released from places of deprivation of liberty and without a place of residence, chooses for himself a place of actual location (the territory of an intracity district or an intracity municipality).