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Ministry of Justice of Ukraine

April 5, 2018

No. 408/31860

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF SOCIAL POLICY OF UKRAINE, MINISTRY OF HEALTH OF UKRAINE, MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of April 3, 2018 No. 974/5/467/609/280

About approval of the Order of interaction of organizations of execution of punishments, authorized bodies concerning probation and subjects of social patronage during preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term

(as amended of the Order of the Ministry of Justice of Ukraine of 01.10.2021 No. 3479/5/560/2123/729)

According to part two of article 6 of the Law of Ukraine "About social adaptation of the persons who are serving or served sentence in the form of restriction of freedom or imprisonment for certain term", to the Laws of Ukraine "About employment of the population", "About bodies and services for children and special facilities for children", "About bases of social security of disabled people in Ukraine", "About counteraction to disease of tuberculosis", "About ensuring sanitary and epidemic wellbeing of the population", "About protection of the population against infectious diseases", "About probation", the Penitentiary code Ukrainyi for the purpose of assistance to persons preparing for release from serving sentence in recovery of the social status of the full-fledged member of society, their return to the independent commonly accepted social and normative life in society PRIKAZYVAYEM:

1. Approve the Order of interaction of organizations of execution of punishments, authorized bodies concerning probation and subjects of social patronage during preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term.

2. Declare invalid the order of the Ministry of Justice of Ukraine, the Ministry of social policy of Ukraine, the Ministry of Education and Science, youth and sport of Ukraine, the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine of March 28, 2012 No. 478/5/180/375/212/258 "About approval of the Order of interaction of organizations of execution of punishments and subjects of social patronage during preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for the certain term" registered in the Ministry of Justice of Ukraine on March 30, 2012 for No. 487/20800.

3. To department of the public law of the Ministry of Justice of Ukraine (Kravchenko L. M.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order within competence on deputy managers of the relevant central executive bodies according to distribution of obligations.

Minister of Justice of Ukraine
P. Petrenko

Minister of social policy of Ukraine
A. Reva

Acting minister of health care of Ukraine V. Suprun

Minister of Internal Affairs of Ukraine
A. Avakov

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of social policy of Ukraine, the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine of April 3, 2018, No. 974/5/467/609/280

Order of interaction of organizations of execution of punishments, authorized bodies concerning probation and subjects of social patronage during preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term

I. Powers of organization of execution of punishments (pre-trial detention center)

1. The organization of execution of punishments (pre-trial detention center) not later than three months before the termination of the appointed term of punishment or consideration on commission session of organization of execution of punishments (pre-trial detention center) of question of giving in court of materials for application of Articles 81, 82 Criminal codes of Ukraine concerning the convict who for the period serving sentence in the form of restriction or imprisonment for certain term proved the correction or became on the way of correction performs monitoring of problematic issues of convicts who prepare for release, and their possible requirements after release.

Monitoring is performed by conversation with the convict during which become clear:

intentions of the convict at its place of residence after release;

availability of the identity document, and need for its obtaining (recovery);

availability of certain place of employment;

need for receipt of social services:

(devices to the special house boarding school, other supplier of social service of stationary leaving) for citizens of advanced age, persons with disability 18 years which for health reasons need foreign leaving and complex of rehabilitation actions are aged more senior than stationary leaving;

social adaptation for the able-bodied exempted persons which reached 35 years (devices in the center of social adaptation) / social integration and reintegrations/provisions of shelter for the able-bodied exempted persons aged are more senior than 18 years (the device in organizations of social protection for homeless persons (the house of night stay, the center of social adaptation, half-way house);

the need for implementation of social maintenance of the young exempted faces aged from 18 up to 35 years inclusive the centers of provision of social services, the centers of social services, their device in organizations of social support of families, children and youth (the center of social psychological assistance; the social hostel for the orphan children and children deprived of parent guardianship; social center of mother and child; center of social psychological recovery; the center for HIV-positive children and youth).

The need for social services / implementation of social maintenance is determined based on the appraisal report of requirements of person/family which form is approved by the order of the Ministry of social policy of Ukraine of July 13, 2018 No. 1005 "About approval of forms of accounting of social work with families/persons who are in difficult vital circumstances", registered in the Ministry of Justice of Ukraine on August 16, 2018 for No. 943/32395.

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