Expulsion (punishment)

Expulsion from certain points within the state, with the prohibition to reside and come to capitals or other cities, may have the character of either an additional punishment imposed by the court, or a measure of prevention and suppression of crimes taken by direct order of the administrative authority. The first is relatively rare. So, according to French law, when an offense was inflicted by an action, an official was appointed, as an additional punishment, a ban on living for 5 to 10 years in the district where the offended person serves. As a preventative measure, expulsion is usually a means of police surveillance. In Germany, administrative expulsion was applied by virtue of exceptional laws on the Catholic clergy and on the socialists, who at present have retained power only in relation to the Jesuits.

Russian law knew the following cases and forms of expulsion.

1) Persons detained by the police for lack of legalized form shall be forwarded to their permanent place of residence in the society to which they are assigned. On the procedure for the expulsion from St. Petersburg of persons living without established written forms or with expired passports, special rules were developed in 1874, annexed to Art. 340 of the Charter on passports (St. Law. XIV. Ed. 1890). Based on these rules, about such a passportless one, which, according to the collected information, has no means of livelihood and leads an idle life and generally reprehensible and, moreover, was punished in court for criminal acts against the management system, deanery and property of others, the police, without resorting to prosecution, comes with a submission to the mayor of his expulsion from St. Petersburg and prohibiting him from staying in the capital. Representations of this kind are considered in the deliberative presence of the mayor, whose decisions on expulsion are approved by the mayor. The term for which V. is determined from the capital may not exceed 4 years. The same non-passport, whose further stay in the capital will not be considered harmful, temporary types are issued and a period is granted for obtaining or renewing a residence permit.

2) Officials, both military and civil, dismissed for lecherous behavior, are prohibited from staying in the capitals; deported from capitals, they cannot have a residence in the capital’s provinces either. Those who were born in the provinces of St. Petersburg and Moscow are sent to reside in the inner provinces, with the exception of Novgorod, Tver, Vyatka, provinces of the border and places in which there are fairs (Article 172 of the Code on the prevention and suppression of crimes ed . 1890).

3) Persons sentenced by the court to correctional sentences, combined with the deprivation of certain special rights and advantages, shall be sent to their places of registration upon serving their sentence and given over to the supervision of the local police or their associations for a period of 4 years to one year. During this time, they cannot change their place of residence; in addition, since 1886 he has been prohibited from staying: 1) in capitals and in all areas of the capital's provinces; 2) in provincial cities, their counties and in all districts closer to provincial cities closer than 25 versts, and this last restriction does not apply to persons assigned to societies (except the provincial town) located in those counties and localities; 3) in all the fortresses and localities located closer than 25 versts from the fortresses; and 4) in those cities or localities in which, according to special Highest Orders, the watering of supervised persons is not permitted. Entry and residence in the capitals for seven years is prohibited to clergymen deprived of their dignity for vices and indecent deeds, and to monks who have resigned as monks; the latter, during the same period, cannot live in the province where they lived as monks. The law of 1881 granted governors-general, and in areas not subordinate to them, to governors and city governors, the right to prohibit individuals from staying in places declared to be in enhanced or emergency protection.

4) Under the name of administrative expulsion, of course, expulsion to a certain locality, even to the homeland, but with the obligation to stay there without a break. The rules on this expulsion were introduced, or rather, announced and ordered by the law of September 4. 1881 (Articles 32 - 36 of Appendix I to Article 1 of the Charter on the Prevention and Suppression of Crimes, St. Law, vol. XIV, ed. 1890); they operate in areas not declared in an exclusive position . Administrative expulsion of persons harmful to state and public peace to any specific area of ​​European or Asian Russia, with the obligation to stay there for the appointed time, can take place only if the following rules are observed. The competent authority, having ascertained the need for the expulsion of the person concerned, submits this to the Minister of the Interior, with a detailed explanation of the grounds for taking this measure, as well as assumptions about the time of expulsion. Persons intended to be expelled to a specific locality may be subjected to preliminary arrest, which by order of the Minister, may be continued until the issue of their expulsion is resolved. The local authorities' representations of expulsion are examined in a special meeting convened by the Minister of the Interior, chaired by the head of the police, Comrade Minister, of four members - two from the Ministry of the Interior and two from the Ministry of Justice; The decisions of this meeting are approved by the Minister of the Interior. When discussing representations of a deportation meeting, this may cause the person to be expelled for personal explanation. For a permanent stay in a place, for a certain expulsion, a period of one to five years is established; this period may be reduced or continued only in the same manner as established.

5) In the provinces of Astrakhan and Stavropol and in the Salsky district of the Region, Don Don troops and people of the Russian sedentary population accused or suspected of repeated theft of horses and cattle may be subjected to administrative expulsion to Eastern Siberia, subject to special rules issued in 1886 and 1887 years and attached to Art. 277 of the Charter on warning and nipped. prest., ed. 1890

The legislation of the Russian Empire was also aware of the forced eviction to Siberia on the basis of worldly sentences of bourgeois and rural societies, about which see the Link. For the unauthorized abandonment of the place designated for residence by lawful order of the appropriate judicial or government authority, as well as for the unauthorized return to the places from where the perpetrators were deported, they are put on trial and are arrested for no more than 3 months or a fine of not more than 300 rubles. Regardless of the penalty, the perpetrators return to places designated by them for residence.

March 28, 1924 with the adoption of the Central Executive Committee of the USSR, the provision "On the rights of the OGPU regarding administrative expulsions, exile and imprisonment in a concentration camp," the OGPU received the following powers:

• expel from any area with the prohibition of living in a number of areas established by the list of OGPU;
• refer to a specific area under the public supervision of the local departments of the GPU;
• expel from the USSR.

Later, normative documents introduced 3 levels of restrictions on expulsion (a system of “ minuses ”): a ban on living in 6 central cities and a border strip, a ban on living in 72 provincial centers, and the choice of a settlement for the deportee. ^[one]

The 1958 Criminal Law Fundamentals of the Union of Soviet Socialist Republics and Union Republics established a 5-year maximum term of expulsion, used as both a primary and an additional sentence by a court sentence. For unauthorized return to the area prohibited for residence, the expulsion could be replaced by a link. Moreover, expulsion after the 1950s was extremely rare. ^[2]

The ban on settling within a 100-kilometer zone around a number of large cities ( 101 kilometer ) was applied to certain categories of those serving their sentences.

• Expulsion of diplomats
• Link (punishment)
• Exile
• Extradition
• Deportation

• Yanovsky A.E. Expulsion // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.

• Regulation on the rights of the united state political administration regarding administrative expulsions, links and imprisonment in a concentration camp
• ABOUT SENDING AND LINK APPLICABLE BY JUDGMENT. Resolution of the Central Executive Committee and the CHK of the RSFSR. January 10, 1930