of July 23, 1992 No. 75
About approval of the Regulations on disciplinary battalion in Armed Forces of the Azerbaijan Republic
Approve Regulations on disciplinary battalion in Armed Forces of the Azerbaijan Republic it (is applied).
President
Azerbaijan Republic Abulfaz ELCHIBEY
Approved by the Presidential decree of the Azerbaijan Republic of July 23, 1992 No. 75
This Provision establishes procedure and conditions of serving sentence by persons condemned for the committed crimes to the direction in disciplinary battalion and determines procedure for activities of disciplinary battalion.
The direction in disciplinary battalion is punishment for the committed crime and aims at correction and re-education of convicts in the spirit of the fair relation to work, and military service, strict observance of the Constitution of the Azerbaijan Republic and the laws, exact fulfillment of requirements of the military oath, army regulations and orders of chiefs, respect for rules of the joint hostel, and also the prevention of making of new crimes as condemned, and other persons.
The disciplinary battalion is military unit and contains on the special state. The organizational structure and number of disciplinary battalion is determined by the Ministry of Defence of the Azerbaijan Republic.
The basis for content of convicts in disciplinary battalion is the court verdict which took legal effect.
Fixed assets of correction and re-education of convicts are: the procedure set for disciplinary battalion and the mode of serving sentence, socially useful work, educational work and combat training.
Cures and re-education shall be applied taking into account nature and degree of public danger of the committed crime and the identity of the convict, and also behavior and its relation to work and military service.
Time of stay of convicts in disciplinary battalion of active duty is not set off in time.
The Minister of Defence of the Azerbaijan Republic, the chairman of Committee on protection of frontier of the Azerbaijan Republic and the Minister of Internal Affairs of the Azerbaijan Republic is granted the right to set off time of stay in disciplinary battalion in time of active duty:
- to persons who seized military specialty well know and precisely fulfill requirements of army regulations and perfectly serve after release from disciplinary battalion;
- to persons exempted from disciplinary battalion after their appeal is transferred to the reserve if they, serving sentence, firmly followed way of correction, showed high discipline and the fair relation to work and military service.
The petition for offsetting of time of stay in disciplinary battalion of active duty can be initiated in time:
- the commander of part to which arrived exempted from disciplinary battalion - not earlier than in six months after its arrival in part;
- the commander of disciplinary battalion concerning persons whose appeal is transferred to the reserve, - in one-two months prior to the termination of term of punishment.
Petition for offsetting of time of stay in disciplinary battalion in time active duty to specified persons. Exempted conditional ahead of schedule, it is reported on the corresponding command not later than in seven days after entry into force of determination of court.
Persons serving sentence in disciplinary battalion perform duties and have the rights established by the legislation for citizens of the Azerbaijan Republic with the restrictions provided by this Provision.
Obligations, the rights and relations of staff following from conditions of service in disciplinary battalion are determined by army regulations and this Provision.
The management of disciplinary battalion is assigned to the Ministry of Defence of the Azerbaijan Republic which performs matching and arrangement of officer personnel, providing disciplinary battalion with permanent scope of work and monitoring procedure behind labor organization, combat training and education of convicts.
Positions of officers and sergeants of disciplinary battalion are completed from among the most disciplined, strong-willed, well prepared militarily officers and sergeants having necessary experience of education and training subordinate and capable to keep due order and strong discipline among convicts.
The officers appointed to positions of commanders of companies and their deputies, commanders of platoons in disciplinary battalion shall have service length in troops on command positions at least two years.
Service life of officers in disciplinary battalion shall not exceed: for the officers holding position of the commander of disciplinary battalion - five years, and occupying other dolzhnostitr of year. At the request of officers service life in disciplinary battalion can be prolonged.
Upon termination of service life positively certified officers are granted option of garrison for further service including with appointment to higher positions according to the procedure of realization of conclusions of certification.
The commander and other officers of disciplinary battalion are appointed the Minister of Defence of the Azerbaijan Republic.
Supervision of compliance with laws and army regulations in disciplinary battalion is performed by the Attorney-General of the Azerbaijan Republic and the military prosecutors subordinated to it.
Internal and guard services in disciplinary battalion it will be organized according to requirements of the Charter of internal service. Charter of garrison and guard services of Armed Forces and this provision.
Convicts are not involved in execution of guard duty. Convicts from among improving can be appointed men on duty on disciplinary company and workers to the dining room.
Persons condemned to the direction in disciplinary battalion to the introduction of sentence in legal force and the directions of convicts in disciplinary battalion, contain on guardroom according to the procedure, established by the Charter of garrison and guard services of Armed Forces.
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