Certification of wills in places of detention

According to point 5 h. 1 of Art. 1127 of the Civil code of the Russian Federation (further the civil code of the Russian Federation) are equated to notarized wills of the will of the citizens who are in imprisonment places certified by the chief of imprisonment places. In order to apply this rule of law in a substantive way, it is necessary, at least, to know what the legislator means by "place of deprivation of liberty". However, this article does not disclose this concept, in other current Russian legislation there is also no legal definition of "place of deprivation of liberty". The Criminal Executive code of the Russian Federation does not fill this gap either. According to part 1 of article 73 of the Criminal Executive code of the Russian Federation (hereinafter PEC of the Russian Federation) convicted to imprisonment serve sentence in correctional institutions. Part 1 of article 74 of the criminal code lists the types of correctional institutions, indicating that correctional institutions are correctional colonies, educational colonies, prisons, medical correctional institutions. Analyzing these rules, it can be concluded that the place of deprivation of liberty are correctional institutions in which citizens serving sentences sentenced to imprisonment. In this case, the legislator would have to adjust the provisions of the civil legislation to bring the provisions of the civil code and the penal enforcement code of the Russian Federation in compliance with each other, despite the fact that Chapter 3 of the civil code, which includes article 1127, has been significantly upgraded relatively recently and introduced with effect from 01 March 2002. In particular, it would be necessary to amend paragraph 5 of part one of article 1127 of the civil code, outlining this paragraph differently: for example, "equal to notarized wills of the will of citizens in correctional institutions, certified by the head of these correctional institutions." Meanwhile, this approach, in our opinion, is simplified and does not solve the problem as a whole. Thus, article 74 of the criminal code refers to correctional institutions not only correctional colonies with different types of regime, educational colonies, prisons, medical institutions, but, in some cases, other institutions. Thus, we suggest to add point 5 of part 1 of article 1127 of the civil code of the Russian Federation, having stated it in the following edition: "are equated to notarized wills of the will of the citizens who are in places of detention, the list of which is established by the legislation, certified by the head (chief) of the place of detention, his Deputy or the person replacing him."

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