On punishment execution in the form of compulsory community service and correctional labour in the event the convict develops a mental disorder or another serious disease that prevents serving the sentence

A Group II or III disability of the convict (a "disabled child" qualification for minors) should be considered as a result of a disease that prevents serving their sentence in the form of compulsory community service or correctional labour. In these circumstances, penitentiary inspectorates need to contact a medical and social expertise institution to clarify what the convict's incapacity to work consists in, and whether they are able to work in the volume and under conditions provided for by their punishment. In case the convict is objectively unable to do compulsory or correctional work, the penitentiary inspectorate takes measures to organise an appeal to the court on the merits of the issue of releasing the convicted person from further serving a sentence on the grounds of their disease. In any case, the convicted person must be explained the right to apply to the court with this matter on their own. Speaking about temporary incapacity for work, it is necessary to take into account that it is caused by the impossibility to perform professional work in usual working conditions for a certain period of time (not referred to as a long-term one). The document proving temporary incapacity for work is a temporary incapacity certificate. For outpatient treatment of diseases (injuries), poisonings and other conditions associated with temporary disability, incapacity certificates for up to 15 calendar days inclusive are issued by the physician. If the period of temporary incapacity for work exceeds 15 calendar days, the incapacity certificate is issued and prolonged by the decision of a medical commission appointed by the head of a medical organisation. By the decision of the medical commission, the incapacity certificate can be issued for a period of up to 10 months, and in some cases (trauma, condition after reconstructive surgery, tuberculosis) up to 12 months. Taking into account the circumstances mentioned above, in addition to Group II and III disabilities, factors that prevent serving the sentence in the form of compulsory community service or correctional labour should include diseases for which incapacity certificates are issued and prolonged by the decision of a medical commission (when temporary incapacity for work exceeds 15 calendar days). Incapacity for work for up to 15 days (inclusive) cannot be considered as a prevention for serving such sentences and should be taken into account only as the basis for temporary (for the period of the incapacity certificate validity) suspension of their serving. In such cases, the penitentiary inspectorate is obliged to verify the authenticity of the incapacity certificate the convict has; the establishment of other circumstances of its issuance is not mandatory in this case.

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