When will the amnesty order be signed? There is still nothing known about amnesty in Russia. Is it easy to get out on amnesty?

Recently, some officials told reporters that a draft amnesty law is already on the president’s desk. Russian Federation Vladimir Putin and is ready for signing. Many Russian citizens are waiting for the signing of this document in order to find out who can be amnestied in 2018 and what nuances and details of this bill will become known to the general public.

Many people perceive the announcement of the amnesty rather ambiguously. Of course, for prisoners and people in prison, a signed law like this is a happy early ticket to freedom. And for ordinary citizens, this incident can turn into a criminal invasion of the streets and areas of their residence. In most cases, the contingent, which was released from not so remote places under an amnesty, is taken back to its old ways when freed and can no longer get along normally with ordinary civilians.

But it is worth remembering that not all prisoners were imprisoned for serious crimes. In some cases, people are imprisoned completely illegally and under the pretext of crimes they never committed. It has already happened that the criminal code and the judicial system not only in the Russian Federation, but also in the CIS countries are far from ideal. According to statistics, not all prisoners, after release, especially after the amnesty procedure, take up their previous cases. For some, the amnesty is an opportunity to return to a calm and happy life. As a rule, an amnesty occurs every year, and it is timed to coincide with some important dates or celebrations in the state. It is not yet known for sure whether an amnesty will be announced in 2018, since such a message appears on the official website only on the eve of the incident itself.

This year, the State Duma provided for the release of prisoners in criminal cases. This process can significantly reduce the load in prisons, which are currently overcrowded. Amnesty is a kind of act of mercy, which is usually appointed before a major public holiday.

Previously, traditionally, the amnesty was announced before the bright holiday of Easter. And only those people who had not committed serious crimes and had proven themselves well during their imprisonment had a chance to leave prison early. Also, people who are not behind bars, but received a suspended sentence, can get rid of it after the amnesty is announced. Also, citizens who are under investigation can be released from it during the amnesty.

At the moment, there is information that the State Duma has already adopted a corresponding bill, which announces an amnesty in 2018, dedicated to the Day of Remembrance of the Civil Revolution of 1917. There is a certain group of people who are subject to amnesty first. These categories include people who were imprisoned for the first time, also elderly people, women who were pregnant at any time during imprisonment, people who are serving sentences for light-duty charges, disabled people of groups 1 and 2, as well as fathers and mothers who support minor children. This category of the population, which is undergoing investigative proceedings, or has a suspended sentence, or is serving a sentence behind bars, can primarily hope that the amnesty will affect them.

A prisoner cannot always count on being released early during an amnesty. In some cases, the amnesty only provides for a reduction in the term of imprisonment. It is also possible to mitigate the punishment, replace a heavy punishment with a lighter one, as well as cancel additional punishments, if any are present in the case.

People who committed a crime together with a group of people, as well as crimes committed with particular cruelty, cannot count on amnesty. But, in some cases, people accused of serious crimes, according to today's legislation, can also file a petition for pardon, or for changing the sentence.

In previous years, since 1994, a total of 19 amnesties have been held in the Russian Federation. Some of them were dedicated to special public holidays, for example, the 70th anniversary of the victory in the Great Patriotic War Patriotic War, or the twentieth anniversary of the celebration of the adoption of the fundamental law of the Russian Federation. An amnesty is expected this year in connection with the anniversary of the civil war. October Revolution, which occurred in 2017 in the Russian Empire.

The Human Rights Council is thinking about an amnesty in criminal cases 2018 for Constitution Day: council members want to discuss the project with President Vladimir Putin. Declaring an amnesty is the prerogative of the State Duma, but amnesty projects on the occasion of the anniversary of the Victory (in 2015) or the Constitution (in 2013), which were carried out in recent years, the president prepared.

Articles falling under the 2018 amnesty for Constitution Day: review of the draft Resolution of the State Duma of the Russian Federation on declaring an amnesty in 2018

Newspaper "Kommersant" No. 212 dated November 19, 2018, page 3

In honor of the 25th anniversary of the Constitution, the Presidential Council for Human Rights and Civil Society Development (HRC) proposes an amnesty for persons who have made amends for their crimes.

This proposal was made by HRC member Andrei Babushkin, citing the fact that the State Duma had previously declared an amnesty in honor of the 20th anniversary of the Basic Law. Council members want to discuss the project with President Vladimir Putin at a meeting that traditionally takes place at the end of the year. The new composition of the council can get on it.

The head of the Human Rights Council, Mikhail Fedotov, called the 25th anniversary of the Constitution (to be celebrated on December 12) a “worthy reason” for the amnesty. " Andrei Babushkin proposes not just an amnesty, but an amnesty with a very interesting design - in relation to persons who have made amends for the harm caused by their crime"- said Mr. Fedotov on the sidelines of the International Cultural Forum on November 16.

As Mr. Babushkin explained to Kommersant, the idea is aimed at ensuring that “the interests of the convicted coincide with the interests of the victims.”

"Formulation about making amends taken from Art. 76 of the Criminal Code (exemption from criminal liability in connection with reconciliation with the victim), which states that a person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability at the request of the injured party in case of amends,” - Andrey Babushkin explained.

The fact in each case will be determined by the court. We will talk not only about economic crimes, but also about causing moral harm or harm to health, believes Mikhail Fedotov.

Mail.ru Group company previously came up with the idea of ​​an amnesty for all those convicted for liking and reposting on social networks.

According to Andrei Babushkin, the version of amnesty he proposed could affect “tens of thousands of people.”

“No one is demanding that it be adopted right before Constitution Day, it could be a week later,” Mr. Babushkin told Kommersant. “If amnesties were held for the 10th and 20th anniversary of the Constitution, now God himself has ordered it. We still have a higher number of convicts in the country than in the Soviet era of the pre-Gulagov period.”

Declaring an amnesty is the prerogative of the State Duma, but amnesty projects on the occasion of the anniversary of the Victory (in 2015) or the Constitution (in 2013), which have been carried out in recent years, were prepared by the president.

« I am always for amnesties, but for amnesties that would be worked out and calculated scientifically and from all sides»,- said the head of the Duma Committee on State Construction and Legislation, United Russia member Pavel Krasheninnikov.

As the Vedomosti newspaper reported on November 9, by the end of the year half of the composition of the HRC may change (it currently has 50 people). The list will be approved by decree of Vladimir Putin before the traditional meeting of the HRC with the head of state. On the eve of the meeting, the HRC Presidium traditionally meets with the First Deputy Head of the Presidential Administration, Sergei Kiriyenko. As Mikhail Fedotov told Kommersant, Andrei Babushkin plans to raise the topic of amnesty at a meeting with Mr. Kiriyenko, “if he joins the new council.”

Amnesty for prisoners on December 12, 2018, will the amnesty bill be signed, is Article 228.1 part 1 included?

• Recently, news came from the State Duma about a possible amnesty that could occur in December.
• It became known that on the twenty-ninth of November, the representative of the Liberal Democratic Party of Russia, Sergei Ivanov, submitted to the government a legislative draft regarding amnesty.
• The opportunity for amnesty will not be provided to all prisoners, but only to those who meet social and age criteria.

However, at the moment the bill is still at the stage of discussion by members of the government of the Russian Federation.

If we talk about amnesty in relation to Article 228, then it is necessary to start from the gravity of the crime.

• The first part, which implies imprisonment for up to three years, may well be included in the amnesty.
• But if you are convicted under the 2nd and 3rd parts of Article 228, which provide for large and especially large-scale trafficking and possession of narcotic drugs, then you cannot count on the 2018 amnesty, even if you are a former military man, disabled, or you are over 55 years of age.
• If the court decision can still be appealed, and inaccuracies were made during operational investigative measures, for example, there is obvious problems with the examination and seizure of narcotic drugs, then you can hire an experienced lawyer who will reclassify the crime from 228.2 to 228.1.
• You will also need the help of a lawyer or lawyer if a trial is expected in the near future under Article 228.1 and you plan to immediately file an application for amnesty. 5.101.16.237

It is worth remembering for those who are wondering whether Article 228 falls under the 2018 amnesty - the innovation will only work with those who are fully aware of their guilt. And here you really need the help of a lawyer, since you can “realize” your guilt to such an extent that you will be imprisoned for 10 years.

Despite the fact that 228 part 2 falls under the amnesty only if this article is reclassified as part 1, you can still try to try to file a petition, especially if the period is less than 5 years. In addition, this is a reason to collect characteristics, talk to relatives with the administration of the colony, so that there is an opportunity in the future to be released on parole. Moreover, at this time in the colonies they are doing just such work - studying the profiles of detainees, preparing lists for release.

Of course, a government that does not want to release criminals convicted under the second and third parts of Article 228 is understandable.

• Practice shows that a significant part of those amnestied return to their craft or begin to use drugs.
• That is, these are potentially dangerous elements for society. But, at the same time, many are forever tied to dark affairs.
• So, it makes sense to try to find a lawyer or human rights activist who will help resolve issues with amnesty under Article 228.

It is worth recalling that amnesty is usually timed to coincide with some important state event and holiday, for example, the election of the country's president. The presidential elections have already taken place in 2018, but there has been no news regarding the amnesty. The latest news regarding the release of prisoners reports that the amnesty on December 12 will be timed to coincide with the twenty-fifth anniversary of the Constitution of the Russian Federation.

It is believed that the potential amnesty will apply to minor prisoners, criminals who have broken the law in underage, women with small children, pregnant women, women over fifty-five, men over sixty, and individuals with a disability.

Is Article 228.1 Part 1 covered by the amnesty this year?

Many are interested in whether Article 228 will be eligible for amnesty. At the moment, members of the government do not plan to include this article in the list, and many experts believe that prisoners with this article will not be eligible for amnesty. This is partly due to the fact that the last time an amnesty for prisoners under this article occurred in 2012 before May 9, Victory Day.

However, it is not only people who used drugs who will not receive amnesty. Also, terrorists, extremists, robbers and raiders who committed crimes in the severe category will not be demoted.

In the event that an amnesty does occur, the government of the Russian Federation will first of all formulate a plan for the release of prisoners. They will all be placed under separate categories, the order of release of people from each category will occur differently. For example, it is likely that pregnant women will be released more quickly than men over sixty. In any case, at the moment it is difficult to provide any official information, since the government of the Russian Federation is only developing and discussing the corresponding legislative draft.

We are publishing the full text of the draft Resolution of the State Duma of the Russian Federation on declaring an amnesty in 2018.

RESOLUTION OF THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

ABOUT ANNOUNCEMENT OF AMNESTY IN CONNECTION WITH THE 25TH ANNIVERSARY OF THE ADOPTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION.

In commemoration of the 25th anniversary of the adoption of the Constitution of the Russian Federation, guided by the principle of humanism, in accordance with paragraph “g” of Part 1 of Article 103 of the Constitution of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation decides:

Release from punishment:

1) those sentenced to imprisonment for a term of up to five years inclusive for crimes committed before the age of 16;

2) those sentenced to imprisonment for a term of up to five years inclusive for crimes committed at the age of 16 to 18 years, and who have not previously served a sentence in educational colonies;

3) those sentenced to imprisonment for a term of over five years for intentional crimes committed before the age of 18, who have served at least half of the sentence.

1. Release from punishment those sentenced to imprisonment for a term of up to five years inclusive and those who have not previously served sentences in correctional institutions:

1) women with minor children;

2) pregnant women;

3) women over 55 years of age;

4) men over 60 years of age;

5) men with children under 3 years of age.

6) persons with disability group I, II or III.

1. Release from punishment persons sentenced to imprisonment for crimes committed through negligence under the age of 18, who do not fall under subparagraphs 1 and 2 of paragraph 1 of this Resolution, as well as women with minor children, pregnant women, women over 55 years of age and men over 60 years of age, sentenced to imprisonment for the same crimes, not falling under paragraph 2 of this Resolution, who have served at least one quarter of the sentence.
2. Exempt from punishment for crimes committed under the age of 18, conditionally convicted persons, those released on parole from the remaining unserved part of the sentence before the date of entry into force of this Resolution, those sentenced to penalties not related to imprisonment, convicted men who have a child aged up to fourteen years of age and being the only parent, the serving of the sentence is suspended, and convicted women, the serving of the sentence is suspended.
3. Exempt from punishment women with minor children, pregnant women, women over 55 years of age and men over 60 years of age, men with children under 3 years of age, persons with I, II or III disability groups, persons on probation and on parole released from the remaining unserved part of the sentence before the date of entry into force of this Resolution, as well as women with minor children, pregnant women, women over 55 years of age and men over 60 years of age, men with children under 3 years of age, persons with I, II or III disability group of those sentenced to penalties not related to imprisonment.
4. Release persons subject to paragraph 1 of this Resolution from additional types of punishments that have not been executed on the day of its entry into force, with the exception of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities.
5. Terminate criminal cases in progress by investigative bodies, preliminary investigation bodies and courts regarding crimes committed before the entry into force of this Resolution in relation to:

1) suspects and accused of committing crimes under the age of 16, for which a punishment of not more than five years of imprisonment is provided;

2) suspects and accused of committing crimes at the age of 16 to 18 years, for which a punishment of not more than five years of imprisonment is provided, who have not previously served a sentence in educational colonies;

3) women with minor children, pregnant women, women over 55 years of age and men with children under 3 years of age, men over 60 years of age, persons with I, II or III disability groups, suspected and accused of committing crimes , for which a punishment of not more than five years of imprisonment is provided, and who have not previously served a sentence in correctional institutions;

4) suspects and accused of committing crimes under the age of 18, as well as suspected and accused women with minor children, pregnant women, women over 55 years of age and men with children under 3 years of age, men over 60 years of age, persons with I, II or III disability groups, if for the crimes of which these persons are suspected or accused, a punishment not related to imprisonment is provided.

1. In criminal cases of crimes for which a punishment of more than five years of imprisonment is provided and which were committed before the date of entry into force of this Resolution by persons who had not reached the age of 16 years at the time of the commission of the crime, as well as by persons aged 16 to 18 years, previously not who have served their sentences in educational colonies, the court, if it finds it necessary to impose a sentence of up to five years in prison inclusive, releases these convicts from punishment.
2. In criminal cases of crimes for which a punishment of more than five years of imprisonment is provided and which were committed before the date of entry into force of this Resolution by persons specified in subparagraphs 1-6 of paragraph 2 of this Resolution, who have not previously served sentences in correctional institutions, the court, if it recognizes necessary to impose a sentence of up to five years of imprisonment inclusive, releases these convicts from punishment.
3. In criminal cases of crimes that were committed before the entry into force of this Resolution by persons specified in subparagraphs 1-3 of paragraph 1 and 1-6 of paragraph 2 of this Resolution, the court, if it finds it necessary to impose a punishment not related to imprisonment, impose a punishment conditionally or apply a deferment of serving the sentence, releases these persons from punishment.
4. Reduce the unserved portion of the sentence:

1) persons sentenced to imprisonment for committing a crime due to negligence, not falling under paragraphs 1-6 of the Resolution - half;

2) persons sentenced for intentional crimes to imprisonment for a term of up to five years inclusive and not falling under paragraphs 1-6 of the Resolution - by one third;

3) persons sentenced for intentional crimes to imprisonment for a term of more than five years inclusive - by one quarter.

1. This Resolution shall not apply to:

1) for those convicted of crimes provided for in Articles 105, 111, part two of Article 117, part three of Article 122, Article 126, part three of Article 127, articles 127.1, 127.2, part two of Article 128, articles 131, 132, part two of Articles 133, 134, 135 , parts three and four of Article 150, parts three and four of Article 158, parts three and four of Article 159, parts three and four of Article 159.1, parts three and four of Article 159.2, parts three and four of Article 159.3, part three of Article 159.4, parts three and fourth article 159.5, parts three and four of article 159.6, parts three and four of article 160, parts second and third of article 161, article 162, parts second and third of article 163, article 164, parts three and four of article 166, articles 169, 170 , 170.1, 171, 171.1, part two of Article 172, articles 173.1, 173.2, parts two, three and four of Article 174, parts three and four of Article 174.1, part three of Article 175, articles 176, 177, part three of Article 178, part two Articles 179, Articles 180, 181, part four of Article 183, Articles 184, 185, 185.1, 185.2, 185.3, 185.4, 185.5, 185.6, 186,187, parts two and three of Article 189, Article 190, part two of Article 191, Articles 192, 3 , 193.1,194, 195, 196, 197, 198, part two of article 199, articles 199.1, 199.2, 200.1, part two of article 200.4, parts three and five of 200.5, articles 205, 205.1, 205.2, 205.3, 205.5, 206 , 208, 209, 210, 211, Article 212, part three of Article 215.2, parts four and five of Article 215.3, Article 221, parts two and three of Article 222, parts one, two and three of Article 223, articles 226, 226.1, 227, part two of Article 228, articles 228.1, 228.2, 228.3, 228.4, 229, 229.1, parts two and three of Article 230, part two of Article 231, Article 232, part three of Article 234, parts two and three of Article 240, part three of Article 241, Articles 242.1, Article 242.2, parts two, three, four, five and six of Article 264, articles 275, 276, 277, 278, 279, 281, part two of Article 282, 282.1, 282.2, 290, 295, part four of Article 296, articles 299, 300, parts two and three of article 301, part two of article 305, part three of article 306, part four of article 309, parts two and three of article 313, article 317, part two of article 318, articles 321, 322.1, part two of article 333, articles 335, 353, 354, 355, 356, 357, 358, 359, 360 of the Criminal Code of the Russian Federation;

2) for those convicted more than twice to imprisonment for intentional crimes, as well as for those convicted of intentional crimes who were previously sentenced to imprisonment for crimes provided for in the articles of the Criminal Code of the Russian Federation specified in subparagraph 1 of this paragraph;

3) on convicts recognized in accordance with the Criminal Code of the RSFSR as especially dangerous recidivists or who have committed crimes with a particularly dangerous recidivism in accordance with the Criminal Code of the Russian Federation;

4) for persons who were released from punishment after 2005 by way of pardon or in accordance with amnesty acts and who again committed intentional crimes;

5) on convicts who have again committed intentional crimes in places of deprivation of liberty.

6) on convicts who are malicious violators of the established procedure for serving their sentence.

1. This Resolution comes into force on the date of its official publication and is subject to execution within six months.

This year, the government of the Russian Federation may still announce a criminal amnesty, but at this time nothing is yet known on this matter.

Now it’s too early to talk about what articles the amnesty will be based on, who will be released, and whether there will be one at all. There has not yet been an official text of the resolution from the State Duma of the Russian Federation, so nothing precise can be said. Now there is only a draft law, which even the deputies have not considered.

The country's public and human rights organizations, of course, support the introduction of a criminal amnesty, but at this time it is not known exactly when it will happen, or whether it will happen at all.

It's not just murderers, thieves and rapists who are in prison now. Some of them end up in prison by mistake, and the court sentence may not always be fair. For such people, amnesty provides another chance to start a new life with a new leaf.

In order to say something more precise, it is necessary that this issue was initially discussed by officials. After public discussion, deputies must pass a law, which is then signed by the head of state. Most often in our country, amnesty is usually timed to coincide with some memorable or solemn dates.

Under what articles will amnesty be held in Russia in 2018: there is no exact information yet

The president of the country has every right to express his opinion regarding the likely announcement of an amnesty, but he cannot independently make such a decision, as only Russian deputies have the right to do.

It is worth noting that the State Duma has not yet adopted any law regarding prisoners, moreover, this information is one hundred percent accurate. So, there are no relevant documents on the official government websites. In addition, there is a special procedure for making decisions.

According to the one hundred and third article of the Constitution of the Russian Federation, the announcement of exemption from criminal prosecution or exemption from punishment for an indefinite number of persons falls under the jurisdiction of the State Duma.

The only form of amnesty act at this time is a resolution from deputies. Usually, at the same time, another similar document is adopted, containing explanations on the procedure for implementing such a Resolution.

Basically, the announcement of amnesty is timed to coincide with anniversaries of memorable dates. It is the second chamber of the legislative body of the Russian Federation, the Federal Assembly, that supports the decision to show humanism towards convicts and prisoners, which is formalized by the necessary legislative act: a resolution of the State Duma of the Russian Federation.

It is worth noting that amnesty is considered an act of mercy towards prisoners. According to current legislation, not all categories of prisoners can be released. Thus, they can be released from criminal liability, from those who are serving a sentence, from additional punishment. In addition, by decree the government can shorten the sentence or completely remove a person’s criminal record.

Latest news about amnesty in Russia today: who can be released?

In Russia this year, if it is announced of course, those convicted on light charges and those who have a short prison term will end up. Experts estimate that this time between seventy-five and ten thousand prisoners in the Russian Federation may be eligible for amnesty.

Thus, by their resolution, officials can pardon minor prisoners, elderly people, and those who are serving their first sentence. In addition, people with fatal diseases, pregnant girls and mothers who have minor children at home may be released.

It is worth noting that not all Russians support and welcome amnesty among prisoners. Many are simply afraid that the crime situation in the country will become much worse. However, people need to be reassured immediately.

None of the officials are going to release prisoners who are in prison for the rest of their lives, repeat offenders, rapists and murderers. For example, if a woman has committed cold-blooded murder, no one will let her out, even if she gives birth to triplets.

The day of the presidential inauguration has become history. The budget for Vladimir Putin's new May decrees and projects has been calculated. The latest news about the amnesty in Russia in 2018 has disappeared. Everyone expected that by the presidential elections, inauguration day, or, as a last resort, Victory Day, a general pardon of prisoners would be announced. However, all these dates are in the past, and it is unclear when to expect measures to mitigate the sentences of the convicted.

Amendments to Article 228 of the Criminal Code of the Russian Federation and amnesty

What is amnesty

1. Exempt from criminal punishment persons against whom the court has not yet made a decision.


2. Release special categories persons who are already serving a sentence.


3. Reduce the sentences of some citizens.


4. Reduce clearly defined responsibilities.


5. Release certain individuals from additional liability.


6. Clear a criminal record.

However, in some cases the terms amnesty and pardon are used interchangeably.

Amnesty

Reasons and conditions for amnesty

The president or head of government usually announces the reasons for a planned pardon in order to avoid misunderstandings and public discontent. This was the case in 2011, and perhaps this will be the case in 2018.

Announcing the amnesty project in Russia, Putin said the tax pardon was due to the fact that many citizens became debtors due to errors in personal information and addresses.

The next reason is economic. The state does not have the resources to build new prisons, treatment and feeding large quantity prisoners.

The decision to pardon several categories of citizens at the same time is made in a politically and economically stable society. An important point is that the leadership of the authorities and the country do not have any plans to reduce the number of personnel involved in conducting search and investigative activities.

Ordinary citizens of the country must be sure that whether it is a criminal or tax amnesty, it will not lead to a worsening of the crime situation in society.

Amnesty Act

Expected amnesty

Later, at the end of December last year, Yuri Zelnikov, Commissioner for Human Rights in the Kaluga Region, addressed the President of the Russian Federation with a question about holding an amnesty aimed at a wide circle of convicts. “You might think,” said Vladimir Putin. Recently, the 2018 amnesty projects in Russia have not been discussed in the news.

Nevertheless, many citizens of the country, human rights activists and prisoners themselves are waiting for the State Duma and the president to return to this issue. It is expected that criminal cases of several categories of citizens may be reviewed.

• women expecting the birth of a child;


• children under 16 years of age;


• mothers of small or sick children;


• pensioners;


• single fathers caring for sick and young children;


• disabled people of the first and second groups;


• patients with cancer of the third and fourth groups;


• participants in the liquidation of accidents at radioactive facilities;


• citizens who have various state awards;


• participants in combat operations related to the defense of the homeland;


• military personnel - participants in military organizations and actions outside Russia;


• participants in operations in the North Caucasus and armed conflicts in the Chechen Republic.

V.V. Putin

On the possibility of carrying out large-scale pardons in 2017-2018. representatives of the Communist Party of the Russian Federation, the Liberal Democratic Party of Russia, and Rodina spoke. Most of them talked about the same categories of citizens who could be released. The main difference in judgments was the timing of the amnesty and what date it should be dated.

Tax amnesty

Tax amnesty

1. Taxes and fines for non-payment of individuals, accumulated by the beginning of 2015.


2. Fines, tax debt, penalties individual entrepreneurs, notaries, lawyers, and other categories of private executors on the same date.


3. Debt on insurance premiums at the beginning of 2017


4. An exception to the requirement to pay land tax on a plot of 6 acres for some beneficiaries.

According to the tax service, the arrears from individuals amounted to:

A similar tax pardon was carried out at the end of 2011. Then the country's Prime Minister Vladimir Putin ordered during the first quarter of 2012 to write off the tax debt of ordinary citizens that had accumulated at the end of 2008. The amount of write-off amounted to about 36 billion rubles. Then the amnesty took place before the presidential elections.

Amnesty is a kind of gesture goodwill, expressing leniency on the part of the state. It manifests itself in the so-called act of pardon, which is expressed in the granting of freedom to certain categories of those sentenced to imprisonment for committing crimes of “light” severity, as well as members of their families.

Will it be announced amnesty in 2018? The answer to this question will be of interest to many interested parties.

According to an already established tradition, the announcement of an amnesty occurs on the eve of some outstanding date, the celebration of which takes place on a national scale. 2018 will not be an exception in this regard, since the elections of the President of the Russian Federation will take place in the spring (March 11). Of course, there will be skeptics who will say that in the context of the said event, the act of pardon is a banal advertising move taken to increase the political rating.

And 2018 also marks a historically significant date - 100 years from the start date civil war. Agree, the reason for announcing the act of pardon is most symbolic. After all, by and large, the events of the civil war brought a lot of pain and grief into the history of the Russian people. These are very dramatic pages of the past. The tragedy of these events is complemented by the severed family ties of millions of Russians.

Given the inevitability of reforms that will be carried out in the foreseeable future, most experts are inclined to assume that the amnesty announced in 2018 may be partial

And although today the authorities’ intention to announce an amnesty in 2018 has not yet been officially announced, the situation may develop in such a way that the intention to sign the Decree of the President of the Russian Federation on pardon will be announced no earlier than on the eve of its signing. Therefore, many prisoners continue to have hope for the leniency of the head of state. Now let's try to understand some aspects of the amnesty procedure.

The first point that is worth paying attention to is the terminological errors made by many when considering the issue of amnesty. There is a fundamental difference between such, at first glance, similar concepts as “pardon” and “amnesty”.

Amnesty is a broader concept, applied to certain categories of persons who have committed certain crimes. As for the term “pardon,” this concept is more narrow. It applies specifically to a specific person who has violated the law

It goes without saying that the very concept of “amnesty”, its focus on the human person, should be based on the principles of humanism. However, in our time, amnesty is often used as a tool for solving certain practical problems. For example, a decree on amnesty may appear in the event of an urgent need to reduce the number of prisoners in places of deprivation of liberty, say, for the purpose of saving budget funds allocated for their maintenance.

And sometimes amnesty can even become an instrument of political influence. For example, if there is a need for a quick and peaceful solution to a military confrontation, according to the principle “you guarantee us peace - we will give you an amnesty for your prisoners.”

Another feature of the amnesty is that it can be either full or partial. The latter is noteworthy in that if it is applied to a group of convicts to whom it applies, the punishment provided for by the sentence can be replaced by a more lenient type of punishment.

In this case, lawyers talk about applying a partial amnesty. If a full amnesty is applied, then the category of prisoners covered by it is completely exempt from the imposed penalty.

1. cancellation of criminal record;
2. reduction of the term of serving the sentence provided court verdict, or replacing the preventive measure chosen by the court with a more lenient form of punishment;
3. complete release of the prisoner from serving an additional type of sentence;
4. complete release of the convicted person from the type of punishment provided for by the court verdict or termination of serving the sentence by the convicted person;
5. release of a person who has violated the law from criminal prosecution and liability.

Based on existing experience, we can say with confidence that the following categories of prisoners have a chance of being included in the amnesty in 2018:

• women;
• persons with disabilities who have a disability group;
• elderly people;
• persons under the age of majority;
• persons who have outstanding services to the Fatherland;
• persons sentenced to serve a suspended sentence;
• those who were in the dock for the first time;
• persons convicted under articles that provide for liability for “light” types of crimes;
• persons serving prison sentences and having cancer;
• convicts who support persons who have not reached the age of majority.

It goes without saying that a scenario is possible in which not all of the above categories will fall under the amnesty 2018. Regarding this issue, society is divided into two opposing camps:

1. those who advocate for the manifestation of total mercy towards persons located in places not so remote. They appeal to the fact that among the prisoners there are many people whose guilt has not been proven at all or has not been proven in full. In addition, those persons who, fully aware of their guilt, behaved exemplarily, and thereby earned the right to a mitigation of the punishment applied to them, are also imprisoned;
2. and those who advocate for all convicted persons to serve their sentences in full, i.e. according to the verdict.

Those who the amnesty will not affect under any circumstances are criminals convicted under “serious” articles who have committed cruel crimes and crimes of a violent nature.

What are the forecasts?

Legal experts are confident that the issue of amnesty 2018 should be approached with extreme caution and scrupulousness. Indeed, in the case of a pessimistic scenario after the announcement of an amnesty and the release of a mass of prisoners, the crime rate in the country could jump tenfold.

After all, by releasing a criminal, society exposes itself to a certain risk, since no expert can determine exactly to what extent a particular criminal has realized his degree of guilt, and it is even more impossible to determine whether former prisoners are ready to “take the righteous path” or not.

While serving their sentences behind bars, some criminals began to consider prison practically their family and home. And therefore, having left behind bars, these individuals will try to return to their “native land” again. It’s just a pity that society often has to pay quite dearly for their return.

No matter what crime a person sentenced to prison has committed, after he has once broken the law, he cannot simply be released from serving the sentence. After all, this poses a colossal danger to society.

And in order to minimize this danger, proper public policy, aimed at creating jobs for former prisoners and other measures aimed at speedy adaptation to civil society people returning from places of detention.

After all, often a former prisoner, upon being released, simply becomes an outcast, whom society refuses to accept as an equal participant. In this regard, the problem of former prisoners committing repeat crimes arises.

Broad amnesty 2018

The initiative to announce a broad amnesty in 2018 belongs to the Commissioner for Human Rights in the Krasnoyarsk Territory, Mark Denisov. The Ombudsman believes that the previously announced amnesty applied only to a narrow group of people who committed crimes. As a result, only 25,000 people received freedom, while the total number of prisoners was 800,000 people.

Mr. Denisov believes that the previous decree on amnesty did not fulfill the tasks assigned to it, and therefore it can be considered a purely symbolic measure. It is especially unacceptable to use amnesty as a tool to achieve certain political goals. Its essence and meaning should convey a completely different message to society.

It is impossible to say how likely it will be for the President of the Russian Federation to sign a decree providing for a large-scale amnesty.

It is not yet clear what decision the head of state will make on this issue. However, the Ombudsman's arguments are not without justice. Mr. Denisov tried to convey to society the true noble purpose of the amnesty, and legal experts are inclined to believe that the authorities will listen to this opinion. Meanwhile, prisoners and their families wait with bated breath for good news from outside.

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