ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2017 No. 504

About approval of Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest

According to the subitem 14) of Item 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 and article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" I ORDER:

1. Approve the enclosed Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest according to appendix to this order.

2. Declare invalid the order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 8, 2014 No. 575 "About approval of Rules of the organization of activities and internal rules and procedures of special facilities" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 9771, published in the newspapers "Yuridicheskaya Gazeta" of October 30, 2014).

3. To committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Bisenkulov B. B. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.).

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 26, 2017 No. 504

Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest

Chapter 1. General provisions

1. These rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest (further – Rules) determine procedure for the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest.

2. Execution of the punishment in the form of arrest is performed in the place of condemnation in special receivers (further – the joint venture) or the isolated sites of the pre-trial detention centers (further – the SI) intended for serving of criminal penalty in the form of arrest based on the court verdict which took legal effect.

Chapter 2. Procedure for acceptance of convicts in the joint venture or the SI

3. Acceptance of convicts in the joint venture or the SI is performed by the duty assistant to the chief of the joint venture or the SI (further – the person on duty) with obligatory participation of the employee of service of special accounting and the health worker of the medical organization located in the joint venture or the SI.

4. During acceptance of convicts the person on duty checks availability of the procedural documents which are the basis for execution of the punishment in the form of arrest, establishes their belonging to the arrived convicts based on the documents proving their identity.

5. In case of discrepancy of the photo of the convict, the biographical particulars specified in the court verdict with the data received in case of poll of the convict, identity documents, the employee of service of special accounting together with the person on duty draws up the statement in form, according to appendix 1 to these rules and takes him to court, pronounced sentence for taking measures.

6. After verification of the data specified in Item 5 of these rules, the staff of the joint venture or the SI in specially equipped room, subject convicts to complete search, and the things belonging to them - to examination.

Before carrying out complete search and examination of things, convicts are offered to hand over voluntarily not provided by the List of things and objects which convicts are allowed to have in case of themselves, to receive in sending, transfers, parcels post and to acquire in shops of the joint venture or the SI, according to appendix 2 to these rules (further – the List). In case of immediate voluntary surrender of the prohibited objects, measures of disciplinary punishment are not applied to convicts.

7. Persons accepted in the joint venture or the SI, in day of their receipt, but no later than one days undergo primary medical examination and sanitary processing. Results of medical examination are brought in the medical out-patient record. At the same time the health worker performs external examination of convicts, for the purpose of detection at them of injuries and signs of skin and infectious diseases. About the fact of detection of bodily harms it is immediately reported in writing in higher body and to the supervising prosecutor.

Persons who according to the conclusion of the doctor of the medical organization located in the joint venture or the SI need urgent receipt of medical care in stationary conditions go escorted by to the medical organizations of health care. If necessary medical care is provided to them.

After that, convicts accommodate in quarantine department (in the SI in the isolated sites for convicts to arrest) where behind them medical observation lasting up to 15 days is established. The patients revealed during this period infectious immediately are isolated, in organization the complex of anti-epidemic events is held.

8. Psychologists of the joint venture or the SI carry out work on studying of persons of newcomers of convicts, their adaptations to new conditions. Persons inclined to suicide, intentional causing to themselves any damage and to other illegal actions come to light. By results of studying psychological portraits on each newcomer of the convict are constituted, brought in the relevant services of the joint venture or the SI of the recommendation about work with them.

9. In the time spent in the quarantine room convicts get acquainted under list with serving sentence conditions, with the rights and obligations, according to part 6 of Article 9 of the Penitentiary code of the Republic of Kazakhstan (further – WICK) and these rules, are warned about responsibility for violation of procedure for serving sentence. To them it is explained about application in the joint venture or the SI of technical means of supervision, control and protection, in cases, 61 and 62 Laws of the Republic of Kazakhstan provided by Articles 59, of 60, "About law-enforcement service", use of physical force, special means and weapon.

In subsequent such information is provided on radio, during visit of cameras, on personal acceptance by the condemned chief of the joint venture or the SI and the employees authorized by it.

Information on basic rights and obligations of persons containing in the joint venture or the SI in the state and Russian languages is hung out also in each camera.

10. Convicts are provided with bed and bedding, berths do not change and are not curtained.

11. About arrival of the convict in the joint venture or the SI, service of special accounting within two working days the written notice to one of relatives, or the legal representative at the choice of the convict, with indication of the postal address of the joint venture or the SI, the List, the main requirements of procedure for correspondence, obtaining and departure of money transfers, provision of departures, appointments, the right to the telephone conversations provided by these rules goes.

About arrival of the condemned foreign citizens and persons without citizenship who were constantly living before arrest abroad, notifications, besides, go to the diplomatic representations and consular establishments representing the interests of these persons in the Republic of Kazakhstan.

Chapter 3. Procedure for production of search and examination of convicts

12. The personal search of convicts is subdivided into complete search and incomplete search. The search is carried out by same-gender person with searched. The personal complete search of convicts is carried out:

1) in case of receipt in the joint venture or the SI and departure from it;

2) in case of settlement to the disciplinary isolation center (further - DIZO) and release from it;

3) before holding appointment and on its termination;

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