What is administrative supervision? FZ-64 "On administrative supervision of persons released from places of deprivation of liberty"

As you know, not all citizens who stayed in prison are corrected and admit their mistakes. A large number of former prisoners still remain extremely antisocial and even dangerous people. That is why in 2011 a special normative act was passed - FZ-64 "On Administrative Supervision of Persons Who Have Been Died from Prison." The presented law will be discussed in detail in the article.

General provisions of the Federal Law

Article 1 of the submitted normative act contains information on the basic concepts and terms that can be applied in subsequent provisions of the law. The first and most basic concept, which here stands out, is called administrative oversight. What it is?

The law represents administrative supervision as the supervision of a person who has recently been released from places of deprivation of liberty. Supervision is carried out by the internal affairs bodies. Supervised person is a citizen in respect of whom supervision is conducted. The supervisor often has certain administrative restrictions. This, according to the law, limits the individual freedoms and rights of the person who returned from prison.

What is the main objective of FZ-64 "On Administrative Supervision"? Article 2 refers to the prevention of the commission of crimes and offenses.

For whom is administrative supervision established?

Article 3 of FZ-64 "On Administrative Supervision" states that a court may establish a requirement that internal affairs bodies be supervised in respect of the following persons:

• Who committed a repeated crime;
• Committed a serious or especially serious crime;
• Committed intentional crimes against persons under the age of majority.

A person who has an outstanding conviction or who has constantly violated the order in places of imprisonment should be subject to special administrative supervision.

About restrictions and terms

As already mentioned, the supervised citizen is somewhat limited in his rights. According to FZ-64 "On Administrative Supervision", there 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 visiting mass events;
• Prohibition of departure for the territory specified by the court;
• Restriction of stay in certain places during certain periods of the day.

It is also worth noting that the court is obliged to establish the following restrictions on the persons under surveillance:

• The appearance of a citizen is mandatory several times a month (the exact number is established by the court) to the internal affairs body for registration;
• Prohibition of departure for territory established by the court.

Courts or other authorized bodies 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. With respect to a person who has served a sentence for a crime against the sexual freedom of a minor and sexual inviolability, early administrative supervision can not be terminated.

It is also worth mentioning about the period during which administrative supervision can be implemented. Here everything depends strictly on the type of crime committed by the person who returned from the places of deprivation of liberty. However, in accordance with Article 5 of the Federal Law "On Administrative Supervision", restrictions can 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 the sentence is deducted from the term for the repayment of the criminal record.

On the establishment, termination, extension and implementation of administrative type 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. The extension of the term of supervision may also be carried out by the court. The main reasons for extending the supervisory period is, as it is easy to guess, the commission of an offense committed by a supervised citizen.

The court shall decide on the termination of administrative supervision in the following cases:

• Expiration of the supervisory period;
• Removal of a criminal record from the person in respect of which supervision was exercised;
• Conviction of a supervised person and sending him again to places of deprivation of liberty;
• In connection with the death of a supervised person;
• Due to the application of mandatory medical measures in respect of a supervised person.

The comments to FZ-64 "On Administrative Supervision" with changes from 2017 state that supervision can be terminated early, if the supervised person performs the duties assigned to him in good faith. And what duties does a citizen have in respect of whom supervision is exercised? This will be discussed later.

On the rights and duties of a supervised citizen

The person in respect of whom supervision is exercised is obliged to comply with all the requirements prescribed by the court, namely, to register in the police department, notify the authorities of the change of place of residence, admit the ATS officers to his home, etc.

FZ-64 "On Administrative Supervision", as amended on May 28, 2017, also fixes the basic rights of a supervised citizen. Here it is worth highlighting:

• Appeal to the court for early termination of supervision;
• Appeal against decisions of the court;
• Appeal to the ATS with applications for permission to leave in the short term.

What amendments were made to FZ-64 in May 2017? Here it is worth highlighting the addition of Article 1 to the concept of "actual residence". That is, a person who has been released from places of deprivation of liberty and who does not have a place of residence chooses a place of actual location (the territory of an inner city district or an intracity municipal entity).