Work on state-owned companies and state corporations
The Ministry of justice (moj) has developed amendments to the criminal code (CC) of Russia, to attract the convicted to work on objects of state-owned corporations and state-owned companies. Document published on the portal of normative legal acts regulation.gov.ru.
We are talking about those sentenced to mandatory, correctional and forced labour. The amendments in article 49, 50, 51 of the criminal code that describe the essence and the order of serving these types of sentences.
In V. 45 and 50 of the criminal code it is proposed to make mention that the list of objects of state-owned companies and state corporations, for which the authorities will have the right to send prisoners to be required and corrective work will be determined by the government.
In article 51 of the criminal code, which deals with forced labour, it is proposed to clarify that to serve this kind of punishment can be outside of correctional centres, but only at those sites which have equipped hostel. No obstacles in order to send prisoners to perform forced labor on state-owned companies or state-owned corporations, an amendment will not install.
This is not the first attempt to expand the geography of employment of convicts in Russia. In may 2015, it became known that the then Deputy of the state Duma Alexander Hinstein has prepared amendments to the Criminal Executive code (CEC), which allowed to send the prisoners from the prisons and convicts to forced labor for the enterprise away from correctional facilities. Amendments Hinstein has enabled the involvement of convicted organizations of all forms of ownership. The leadership of the Federal service of execution of punishments (FSIN) the initiative supported.
As Khinshtein told the newspaper “Kommersant”, in the case of approval of its amendments, the government could use prison labor to construction projects on the infrastructure for the FIFA world Cup 2018 held in Russia. About plans to attract prisoners to work on major construction projects in an interview with “Kommersant” said the head of the economic Department of the Federal penitentiary service Alexander Korshunov. He did not rule out that prisoners will participate in the construction of a bridge across the Kerch Strait and clean up the forest after the Olympics in Sochi.
Now the FSIN is trying to attract prisoners to their building projects. In mid-may of this year on the procurement website has published the order “the labour supply of convicts” for the construction of the detention facility in Simferopol. Attention to order in early September drew a member of the Public chamber of Ekaterinburg Ekaterina Petrova, posting on his page in Facebook.
According to the contract, the customer has acted FGUP “Building management № 23 of the Federal service of execution of punishments”. For the construction of a jail was required 60 people from among the prisoners. Delivery time of goods: may — December 2016. The maximum contract price and the contractor were not specified.
The Ministry of justice at the time of writing not responded to the request .
Major projects of state companies and state corporations
17 June 2016 began construction of the second phase of the Vostochny space centre — located in the far East’s first civilian spaceport of Russia, which has already become the most expensive spaceport in the world. The General customer of building of the cosmodrome is the state Corporation Roskosmos, the General contractor is the Federal Agency for special construction (Spetsstroy Russia).
On the project “NPP-2006” continues the construction of two power units of Leningrad NPP. The customer-developer of the project is JSC “Concern Rosenergoatom”, which is part of Rosatom, is the General contractor — JSC “CONCERN TITAN-2”.
In 2014 the construction of the power bridge to Crimea — a power line, which connects the energy system of the Crimea with Russia. State contract for the construction of the bridge has got AO cius UES (100% subsidiary of the state JSC “FGC UES”), the customer of construction is the “Russian energy Agency”.
In 2013 the project of construction of high-speed railway between Moscow and Kazan high-speed highway Moscow — Kazan, which in the future may be extended to Yekaterinburg and Beijing. The customer of design works of the entire highway is OJSC “Russian Railways. It was originally planned that the railway will be launched in 2018, however, early in 2016, the media reported that the completion of the project has moved to 2021.
In 2018 to be completed construction of motorway Moscow — St. Petersburg M11, the customer of which is the state company “Avtodor”. The track will be one of the first major toll roads in Russia.
What is the difference between mandatory, correctional and forced labour
Compulsory work, according to the criminal code, consist in performance condemned in free from the basic work or study time “free community service”. These types of works determine the local government in coordination with criminally-Executive inspection (UII). Sentenced to compulsory works may perform the duties of orderlies in hospitals, janitors, handymen, etc. Obligatory works are carried out from 60 to 400 hours in General and no more than 4 hours a day.
Corrective works are appointed condemned regardless of whether or not one is employed. If the convicted person is employed, he is serving his sentence at the main place of work. And if convicted of no work, local authorities in coordination with the UII shall have the right to send it to a fix wherever you see fit, but in the area of his residence. Corrective works are established for the period from 2 months to 2 years, while serving the sentence the convicted person pays the government from 5 to 15% of their salary.
Amendments of the Ministry of justice suggest that it is now under mandatory and correctional labor will be defined as work including on objects of state-owned companies and state corporations.
Forced labor — a new form of punishment was introduced in Russia in December 2011. Forced labor used as an alternative to imprisonment for crimes of small or average gravity or for a grave crime for the first time. To apply this measure of punishment was supposed to start in 2013, but due to the unavailability of the special correctional centres the introduction of a new form of punishment was postponed, first to 2014 and later until 2017.
This time the timing will not be tolerated, made it clear in early October in an interview with TASS Deputy Director of the FSIN Valery Maksimenko. From 1 January 2017, the country will open the first four of the correctional centre, as well as seven sections that will accept almost 900 prisoners. “Forced labor and being in the detention centres, despite their name, can be compared with the work of shift workers who work away from home, living in hostels,” explained the essence of the new form of punishment Maksimenko.
In detention centres there is no such protection in penal colonies, with the permission of the administration, convicts will be able to leave these institutions, but they do not have the right to choose or change jobs, said Maximenko.
The exploitation of labour
When you consider that 65% of the cost of any major project is payroll costs, the depreciation of this expenditure by attracting cheap labor force, which includes condemned, it becomes profitable for corporations, says the employee of economic Department of Moscow state University Olesya Kostenko, dedicated to the study of Economics of the Federal penitentiary service. But the question remains of the effectiveness of this scheme for the state, says the expert: first, it is unclear whether to receive the money of the Federal penitentiary service for the provision of manpower, and secondly, it is unclear how many people thus manage to attract to work on large projects, because not every convicted person physically able to make this work, the expert said.
“But it is not clear how many will receive the prisoners themselves. We can say for sure, which is less than the market, and then we can say that this bill provides the legal basis for the desire to exploit the labour resources — sure Kostenko. Up to the moment when the labor of prisoners is governed by the Criminal procedure, not the Labor code, all initiatives in this field attempt to find ways for the exploitation of the labour of convicts”.
With the participation of Alena Mahakavi