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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2012 No. 542

About approval of Rules of rendering social legal assistance to conditionally condemned

1. Approve the enclosed Rules of rendering social legal assistance conditionally condemned.

2. This resolution becomes effective after ten calendar days after the first official publication.

 

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the order of the Government of the Republic of Kazakhstan of April 28, 2012 No. 542

Rules of rendering social legal assistance to conditionally condemned

1. General provision

1. These rules of rendering social legal assistance conditionally condemned (dalee-Pravila) are developed for the purpose of realization of Item 6 of Article 182 of the Penitentiary code of the Republic of Kazakhstan and determine procedure for rendering social legal assistance to conditionally condemned.

2. The service of probation of criminal and executive inspection (further - service of probation) renders assistance conditionally condemned in receipt of social legal assistance by them.

Local executive bodies, non-governmental and other organizations render assistance to service of probation when implementing social legal assistance conditionally by the convict according to individually developed program.

3. Local executive bodies in case of development of the development program of the territories and/or strategic plans provide complex of actions for rendering social legal assistance to the convicts staying on the registry of service of probation.

2. Purpose of social legal assistance conditionally condemned

4. Service of probation in case of registration conditionally the convict who is under probation control:

1) is carried out by studying of the identity of the state of health which is conditionally condemned with establishment, the level of its education and employment by work, availability of the residence, and also finds out other data necessary for scoping of social legal assistance;

2) is explained by procedure for provision of social legal assistance, implementation and termination of probation of control concerning it, and also establishes appearance days in service of probation for registration;

3) is explained by procedure for execution of the obligations assigned by court, accountability for their non-execution, and also violation of procedure for probation of control.

5. By results of the studying of the personality and life situation which is conditionally condemned the employee of service of probation within 3 working days after registration constitutes the individual program of rendering social legal assistance for form, according to appendix 1 to these rules.

6. The individual program of rendering social legal assistance (the daleeindividualny program) joins information on the need for rendering the sotsialnopravovy help to conditionally condemned.

7. One copy of the individual program joins control case conditionally condemned, the second is issued to the convict under list.

8. In case of need for requirement conditionally condemned in receipt of additional or other help, and also in case of establishment by court of the strengthened probation of control the corresponding corrections by agreement are made to the individual program.

9. Conditionally condemned two times a month, and in case of the strengthened probation control four times, are in service of probation and reports to it on the behavior, accomplishment of the obligations assigned to it by court, and also on the course of the social legal assistance received by it.

10. In case of refusal conditionally condemned in receipt of social legal assistance, the employee of service of probation draws up the relevant statement in form, according to appendix 2 to these rules which joins control case.

11. The act of refusal conditionally condemned from receipt of social legal assistance joins the materials taken to court on prolongation of probation period, cancellation of conditional condemnation, establishment of the strengthened probation of control.

12. After probation period conditionally the convict is struck off the register of service of probation, at the same time the sotsialnopravovy help rendered by state bodies and other organizations continues according to the individual program.

13. In case of the announcement court conditionally condemned in search, within 3 working days after receipt of the corresponding court order, the service of probation sends the adequate notice to local executive body and the relevant organization for suspension of rendering social legal assistance.

3. Provision of social legal assistance conditionally condemned

14. The main direction of social legal assistance which is conditionally condemned is rendering assistance in education, mastering profession, employment, treatment, and also providing legal assistance.

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