The draft federal law On Amending the Federal Law On Enforcement Proceedings and Certain Legislative Acts of the Russian Federation was submitted by State Duma Deputies Tamerlan Aguzarov, Irek Boguslavsky, Marcel Galimardanov and others. The draft law specifies the order for performing community service. The document was passed by the State Duma in the first reading on January 22, 2013.
The Government has reviewed this draft federal law and proposes the following amendments:
1. 1. Paragraph 3 of Article 1 shall be amended as follows:
“coordinates relations with local governments with regard to agreeing on types of community service and a list of organisations in which they are served.”
2. Paragraphs 2 and 3 of Article 3 shall be amended as follows:
"1) Article 14 shall be amended by adding Paragraph 39 to read:
"determination in consultation with the territorial federal executive body authorised to exercise the functions of enforcing court orders and ensuring the established order of court proceedings, the list of community services and facilities where they are served;”
2) Article 15 shall be amended by adding Paragraph 34 to read:
"determination in consultation with the territorial federal executive body authorised to exercise the functions of enforcing court orders and ensuring the established order of court proceedings, the list of community services and the facilities where they are served;”
3) Article 16 shall be amended by adding Paragraph 43 to read:
“determination in consultation with the territorial federal executive body authorised to exercise functions of enforcing court orders and ensuring the established order of court proceedings, the list of community services and the facilities where they are served;”
4) Article 17 shall be amended by adding Part 21 to read:
"21. Local governments in towns and villages and local governments in urban districts in coordination with the territorial federal executive bodies authorised to enforce court orders and ensure the established order of court proceedings, shall establish the list of community services and the facilities where they are served.”
3. In Article 4:
1) Paragraph 1 shall be amended as follows:
"1) Part 2 of Article 5 shall be amended as follows:
2. The direct exercise of the functions of compulsory execution of court decisions and acts by other bodies and officials shall be assigned to bailiffs from the Federal Bailiff Service (bailiffs at the Chief Bailiff of Russia), as well as bailiffs from territorial units of the Federal Bailiff Service (hereinafter, bailiff units);"
2) subparagraph "b" of Paragraph 2 shall be amended as follows:
"Part 14 shall read as follows:
"14. The bailiff shall not set a deadline for voluntary execution of a court order in cases of enforcement proceedings:
1) in accordance with Part 16 of this Article;
2) during subsequent presentations of the enforcement document;
3) on confiscation of property;
4) on performing compulsory community service;
5) executive documents are immediately enforceable;
6) on administrative deportation from Russia in the form of a forced or supervised deportation of foreign citizens and stateless persons from Russia (hereinafter, forced deportation from Russia of foreign citizens and stateless persons);”
3) Paragraph 3 shall be amended as follows:
"Article 35 shall be amended by adding Part 31 as follows:
"31) In order to monitor the conduct of a person who is performing community service, the bailiff may carry out enforcement actions from 9 am until 8 pm on non-working days established by federal law or other regulations.";
4) in Paragraph 8, the phrase "on performing community service" shall be followed by "designated as an administrative punishment,";
5) in Paragraph 9:
a) Paragraph 5 should read as follows:
"3. Community service cannot exceed four hours on weekends and on days when a person who was assigned the administrative penalty in the form of community service is not busy in their main job or at school; on workdays, two hours after their main job or school, or, with the consent of the person who is assigned an administrative penalty in the form of community service, four hours. Community service during the week may not be less than twelve hours. If there are legitimate reasons, the bailiff shall have the right to allow a person who is assigned to perform community service to work fewer hours per week.";
b) Paragraph 7 should read as follows:
"1) indicates the type of community service from the list defined by local authorities in consultation with the territorial federal executive body authorised to enforce court orders and ensure the established order of court proceedings, shall establish the list of community services and the facilities where they are served.”;
c) in Paragraph 11, the phrase "facility defined as” shall be replaced by "organisation defined as."