Екатерина Чернявская
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Правительство РФ считает необходимым установить порядок осуществления такого надзора в отношении граждан, осужденных к наказанию в виде принудительных работ. Предполагается установить правило, в соответствии с которым при замене неотбытой части наказания в виде лишения свободы на принудительные работы срок административного надзора станут исчислять со дня отбытия такого наказания. В этих целях предлагается внести изменения в ч. 4 ст. 5 Федерального закона от 6 апреля 2011 года № 64-ФЗ «Об административном надзоре за лицами, освобожденными из мест лишения свободы», далее – закон об административном надзоре).
Кроме того, не исключено и появление нового основания для продления срока административного надзора – осуждение поднадзорного лица к наказанию, не связанному с изоляцией от общества, или осуждением условно, или с отсрочкой исполнения приговора либо с отсрочкой отбывания наказания, или применением к поднадзорному лицу меры уголовно-правового характера без изоляции от общества1. Сейчас в числе таких оснований – совершение поднадзорным лицом в течение одного года двух и более административных правонарушений против порядка управления и (или) правонарушений, посягающих на общественный порядок и общественную безопасность (ст. 7 закона об административном надзоре).
Отметим, что кабмин также планирует уточнить порядок возмещения процессуальных издержек по уголовным делам. Ожидаемая цель предлагаемых нововведений – максимальное возмещение расходов федерального бюджета на оплату труда адвокатов по назначению дознавателя, следователя или суда.
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1 С текстом законопроекта № 707109-7 «О внесении изменений в Федеральный закон «Об административном надзоре за лицами, освобожденными из мест лишения свободы» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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