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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 8, 2018 No. 346

About approval of the Regulations on procedure for the organization of execution of the punishment in the form of obligatory social jobs and the List of types of obligatory social jobs

For the purpose of realization of the Penitentiary code of the Republic of Uzbekistan regarding the organization of execution of the punishment in the form of obligatory social jobs the Cabinet of Ministers decides:

1. Approve:

Regulations on procedure for the organization of execution of the punishment in the form of obligatory social jobs according to appendix No. 1;

The list of types of obligatory social jobs according to appendix No. 2.

2. To impose control of execution of this resolution on the Minister of Internal Affairs of the Republic of Uzbekistan P. R. Bobozhonov.

Prime Minister of the Republic of Uzbekistan

Abdullah Aripov

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 8, 2018 No. 346

Regulations on procedure for the organization of execution of the punishment in the form of obligatory social jobs

Chapter 1. General provisions

1. This Provision determines procedure for the organization of execution of the punishment in the form of obligatory social jobs.

2. Obligatory social jobs consist in forced involvement of the convict to accomplishment of unpaid socially useful works. If the convict takes permanent place of employment or studies, sentence in the form of obligatory social jobs is served in time, free from work or study.

3. Punishment in the form of obligatory social jobs is not applied to persons which did not reach sixteen years, to the expectant mothers, women having children under three years, to the disabled people of the first and second groups, persons who reached retirement age, to the military personnel, foreign citizens and persons who are not living constantly in the territory of the Republic of Uzbekistan.

4. Execution of the punishment in the form of obligatory social jobs is performed by inspectorate for execution of the punishment of law-enforcement bodies (further - inspection) at the place of residence of the convict, according to the scheme according to appendix No. 1 to this Provision.

Places (objects) on which the convict can serve sentence in the form of obligatory social jobs and specific types of obligatory social jobs are determined by inspectorate for the offer of executive bodies on places in the area of residence of the convict.

Chapter 2. Procedure for attraction to obligatory social jobs

5. The convict to obligatory social jobs (further - the convict) is involved in serving sentence no later than ten days from the date of receipt in inspection of the notice of court on the introduction of sentence, determination or the resolution (further - sentence) vessels in legal force.

6. The convict is involved in obligatory social jobs in the direction of inspection. The organization (body) - the employer shall send within three days to inspection the answer about the made decision in form according to appendix No. 2 to this Provision.

7. In case of involvement of the convict to obligatory social jobs it is reasonable to consider:

professional skills of the convict (in the presence) if they correspond to the list of types of obligatory social jobs;

type of the committed crime;

the schedule of the main work and (or) study, in the presence at the convict is works and (or) studies;

age;

state of health;

transport availability of workplace.

8. When attracting to obligatory social jobs of the minor convict (further - the minor) types and content of obligatory social jobs shall conform to the following requirements:

work shall be feasible for the minor;

work shall give opportunity of development of acceptable working abilities, useful life skills and knowledge.

9. The convict is recognized evading from serving sentence in the form of obligatory social jobs:

not registered in inspectorate for the residence within ten days from the moment of the introduction of the court verdict in legal force, and also disappeared for the purpose of evasion from serving sentence;

more than two times within a month not participating in obligatory social jobs (not calendar month of year, but monthly term from the date of the first violation of labor discipline, i.e. absence on obligatory social jobs without valid excuse means) in the absence of the circumstances which are not depending on the convict after receipt of the written prevention;

more than three times within a month violated employment policies and procedures of the organization (body) for the place (object) of serving of obligatory social jobs (in this case are implied by violations of labor discipline: delay for work, emergence at drunk work; unauthorized interruption of work; early leaving of the place of serving sentence during working hours; intentional failure to carry out of the established regulations and shop orders; intentional abuse of regulations of safe engineering and production sanitation; disorderly conduct during work and causing the organization of material damage in case of accomplishment of labor obligations) after receipt of the written prevention;

unreasonable refusal of the convict to start performance of works in the direction of inspection in the specified time;

not message in inspection on change of the residence.

10. For violation by the convict of procedure and conditions of serving sentence the inspectorate in writing warns him about effects according to the legislation.

Concerning the convict evading from serving sentence in the form of obligatory social jobs according to article 451 of the Criminal code, (and concerning minors - according to article 821 of the Criminal code), inspection takes to court idea of replacement of obligatory social jobs with other type of punishment. The court replaces the unexpired term of obligatory social jobs with punishment in the form of restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment in four hours of obligatory social jobs. Evasion time of the served sentence is not set off in time.

11. In case of uncertainty of the location of the convict inspection takes to court representation for the announcement of search concerning it. Time of evasion of the convict from serving sentence of its departure is not set off in time.

Search of persons evading from serving sentence is performed by law-enforcement bodies based on determination of court.

12. The persons which lost working capacity, or reached retirement age during serving sentence in the form of obligatory social jobs and also women who during serving of such punishment are granted maternity leave are exempted from serving sentence according to article 75 of the Criminal code.

Chapter 3. Calculation of term and time of punishment in the form of obligatory social jobs

13. Punishment term in the form of obligatory social jobs is estimated in hours during which the convict performs obligatory social jobs.

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