THREE RESOLUTIONS
The GAZETTE OF THE RSFSR SUPREME SOVIET (1975, No. 33) has published two decrees issued by the RSFSR Supreme Soviet Presidium on 7 August 1975:
[1]
“On the introduction of amendments to Article 209 of the RSFSR Criminal Code“
and
[2]
“On the decision to annul the Decrees of the Presidium of the RSFSR Supreme Soviet regarding the accountability of persons who avoid socially useful labour and lead an anti-social, parasitic way of life.”
*
On 7 August 1975 the Presidium of the RSFSR Supreme Soviet also passed the following resolution:
*
[3]
NOT FOR PUBLICATION
RESOLUTION
of the Presidium of the RSFSR Supreme Soviet
ON THE PROCEDURES FOR APPLYING ARTICLE 209 OF THE RSFSR CRIMINAL CODE
The Presidium of the RSFSR Supreme Soviet resolves:
1. To lay down that a parasitic way of life, as envisaged by Article 209 of the RSFSR Criminal Code, shall be understood to mean that an adult capable of working, has lived on unearned income for a considerable length of time (for more than four consecutive months or for a total of one year), avoiding socially useful labour and persisting in this after an official warning that such a way of life cannot be tolerated.
2. That persons leading a parasitic way of life (in the absence in their actions of evidence of vagrancy or begging) are to be summoned by the organs for Internal Affairs and warned that a parasitic existence cannot be tolerated.
These persons are informed that, within a month, they must choose a place of work at their own discretion, and obtain employment, and that necessary assistance in obtaining work can be provided by the executive committee of the local Soviet of Workers’ Deputies.
After the month expires, if they have not obtained employment and can provide no good explanation, such persons are officially warned by the organs of Internal Affairs that they will face criminal charges if they do not abandon their way of life within a month.
If, a month after such an official warning, a person continues to lead a parasitic way of life, the organs of Internal Affairs are to decide the question of bringing criminal charges against him in accordance with Article 209 of the RSFSR Criminal Code.
3. The executive committees of local Soviets of Workers’ Deputies are obliged to ensure the obtaining of employment for persons not engaged in socially useful labour, bearing in mind the training they have, not later than 15 days after they apply for assistance in obtaining employment [1]. The directions of executive committees of local Soviets of Workers’ Deputies on the employment of such persons are binding on the heads of enterprises, institutions and organizations.
The administration and the non-State bodies in enterprises, institutions and organizations must take measures to involve actively in labour collectives persons accepted for employment, to create the conditions necessary for productive work by them, to organize their professional training and the raising of their qualifications.
4. Persons leading a parasitic way of life and avoiding summonses by the organs of Internal Affairs, or summonses for medical examinations to determine work capacity, are subject to being fetched and escorted in by the organs of Internal Affairs.
5. In connection with the change in the law: Persons sentenced under the first section of Article 209 of the RSFSR Criminal Code to terms of more than one year are to be considered as having been sentenced to one year’s imprisonment;
— persons sentenced under the second section of Article 209 of the RSFSR Criminal Code to terms of more than two years are to be considered as having been sentenced to two years’ imprisonment;
— persons sentenced under Article 209-1 of the RSFSR Criminal Code are to be released from further punishment.
This resolution is to be put into effect, as regards those sentenced under Article 209 of the RSFSR Criminal Code, by people’s courts at the respective places of punishment, and, as regards those sentenced under Article 209-1 of the RSFSR Criminal Code, by the organs of Internal Affairs and the Procuracy.
6. The following resolutions are to be regarded as superseded: the resolutions of the Presidium of the RSFSR Supreme Soviet of 25 March 1970 (“On the procedures for applying the Decree of the Presidium of the RSFSR Supreme Soviet of 4 May 1961”; and “On the intensification of the struggle against persons who avoid socially useful labour and lead an anti-social, parasitic way of life”); and the resolutions of 22 October 1970 (“On certain problems of the application of the Decree of the Presidium of the RSFSR Supreme Soviet of 4 May 1961”; and “On intensification of the struggle against persons who avoid socially useful labour and lead an anti-social, parasitic way of life”).
- M. Yasnov, Chairman of the Presidium of the RSFSR Supreme Soviet
- Kh. Neshkov, Secretary of the Presidium of the RSFSR Supreme Soviet
7 August 1975 d. No 6-24.
*
Formerly it was necessary for a criminal charge under Article 209-1 to show that the person accused had led an ‘anti-social’ as well as a ‘parasitic’ way of life (see Commentary to the RSFSR Criminal Code, para. 2 of the commentary on Article 209-1, page 447).
Now this is no longer necessary, see paragraph 1 of the above unpublished Resolution.
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NOTES
One of those subsequently charged and convicted under Article 209 was Josif Begun (CCE 50.8-5).
*
- See MHG Document 47 (April 1978) on the abuse of these regulations in respect of six named individuals (CCE 49.19-2) in Russia, Ukraine and Uzbekistan.
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