The HRC proposed expanding the category of citizens who have benefits for serving their sentences

The Plenum of the Supreme Court of the Russian Federation (SC) is preparing to adopt a resolution explaining the procedure for granting a deferment of serving a sentence to citizens who have children under 14 years of age, or assigning a suspended sentence in this regard. It is possible that the benefit, which is currently available only to mothers and single fathers, will be extended to guardians of children under 14 years of age. This proposal, expressed by a member of the Presidential Human Rights Council (HRC) Eva Merkacheva, was discussed during a meeting of the working group to prepare the document. The initiative aimed at humanizing legislation was supported by representatives of the Investigative Committee of Russia.

Last week, as part of a working group meeting with the participation of representatives of the Prosecutor General’s Office, the Investigative Committee, the Ministry of Internal Affairs, the Human Rights Council and the Commissioner for Human Rights, a discussion was held on the draft plenum of the Supreme Court of the Russian Federation on granting a deferment of serving sentences to citizens until their children (if they have any) reach 14 years of age and the appointment in this regard, a suspended sentence. Currently, pregnant women, mothers of a child under 14 years of age, as well as fathers of children under 14 years of age who are the only parent have the right to receive such a deferment. The benefit does not apply to those convicted of crimes against the sexual integrity of minors and minors, to those sentenced to a term of over five years for serious and especially serious crimes against the person, to those convicted under “terrorist” articles and who have committed crimes against the constitutional order.

HRC member Eva Merkacheva proposed providing a deferment of serving sentences to guardians of children under 14 years of age. “The question is, can the existing wording in the law be interpreted more broadly and extend the right to receive a deferment to guardians? — the human rights activist points out. “It will probably be difficult to get by with just one resolution of the plenum.” In any case, the Supreme Court has the legislative initiative; it can come up with a proposal to amend the Criminal Code and expand the norm.”

The Federal Penitentiary Service (FSIN) told Kommersant that they do not have statistical information on the number of convicts who have children under 14 years of age in their care. Meanwhile, the FSIN operates 12 children’s homes, which are located in women’s colonies, where the children of convicts can stay until they reach three years of age. In total, there are 290 children in orphanages, and they can accommodate a maximum of 873 children, 227 of whom have the opportunity to live with their mother.

“It happens that the parents die, and the child has a guardian,” explains Ms. Merkacheva, who was also previously a member of the Moscow Public Monitoring Commission (monitoring the observance of human rights in institutions of the penitentiary system), explaining the need to soften law enforcement. “And this is how the situation unfolds, that he will be found guilty. A child who is in an extremely difficult mental state due to the loss of his parents also loses his guardian.” According to her, the proposal was supported by the Investigative Committee. Moreover, she says, the department proposed an amendment to the draft resolution of the plenum of the Supreme Court, which “points out the dubiousness of the refusal” by the courts to grant a deferment to guardians and trustees. However, Ms. Merkacheva points out that the trustees, in any case, will not be subject to the deferment, because, according to Art. 145 of the Family Code, are prescribed for children from 14 to 18 years old.

“There is a stereotype in society: he committed a crime, which means he is a bad parent. But in many cases this is absolutely not the case,” says Suzanna Kirilchuk, president of the Prisoner Assistance Fund and secretary of the Public Council at the Federal Penitentiary Service of Russia. “There is no talk of abolishing the punishment, but a deferment allows us to avoid sending children to orphanages.” According to her, it doesn’t matter at all “who exactly is the only parent, mother, father or guardian, what matters is how important the role this person plays in the child’s life.”

Lawyer Yakov Iontsev, who collaborates with the Public Verdict Foundation (included by the Ministry of Justice in the register of foreign agents), is confident that the proposed changes in practice de jure eliminate the flaw in the wording of the current norm: “Guardians/trustees are persons fulfilling the responsibilities of parents. From the point of view of the child’s interests, it is important that someone fulfills these duties in good faith, but whether it is the parent himself or some person replacing him is not so important.”

“It is necessary to take a deeper look at whether such a right of deferment for guardians would be a reason for obtaining custody of children, and not a desire to take care of the child,” called on the head of the Duma Committee on Family, Women and Children, Nina Ostanina. She expressed her readiness, when such an initiative comes to the State Duma, “to discuss it in a committee, taking into account the opinions of experts and authors.” Mrs. Ostanina emphasized that a reprieve should not be granted to persons who have committed a crime against a child. “There are often cases when cohabitants or new spouses of mothers who raise children on their own bring a man into the house,” the parliamentarian gives an example. “The media often reports that such men can commit crimes against children. And let’s assume that such a person previously took custody of a child under 14 years of age. Should he be given a reprieve? The issue is not simple and requires discussion taking into account law enforcement practice.”

Let us remind you that the Supreme Court decision is mandatory for execution by courts of general jurisdiction. Currently, a document with recommendations for judges to grant deferred sentences for guardians of children under 14 years of age is being finalized.

Emilia Gabdullina