of August 22, 2018 No. 379
About approval of Regulations of correctional facilities of criminal executive system of the Kyrgyz Republic
According to Article 81 of the Penitentiary code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About bodies and organizations of criminal and executive (penitentiary) system", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Regulations of correctional facilities of criminal executive system of the Kyrgyz Republic according to appendix.
2. Declare invalid the Order of the Government of the Kyrgyz Republic "About approval of Regulations of correctional facilities of criminal executive system of the Kyrgyz Republic" of September 23, 2011 No. 604.
3. To public service of execution of punishments under the Government of the Kyrgyz Republic:
- bring the decisions into accord with this Resolution;
- to perform the expenses connected with implementation of this Resolution within the means provided by the republican budget for the corresponding years and also other sources of financing which are not contradicting the legislation of the Kyrgyz Republic.
Prime Minister of the Kyrgyz Republic
Approved by the Order of the Government of the Kyrgyz Republic of August 22, 2018 No. 379
1. These rules of internal rules and procedures of correctional facilities of criminal executive system of the Kyrgyz Republic (further - Rules) are developed according to the Penitentiary code of the Kyrgyz Republic and regulate conditions of serving of custodial sanctions, concretize questions of activities of correctional facilities of criminal executive system of the Kyrgyz Republic (further - correctional facility) on providing the rights, freedoms and legitimate interests of convicts, execution of the obligations by them and to observance of right restrictions, and also on creating favorable conditions for resocialization of convicts.
2. Rules are obligatory for personnel of correctional facilities, convicts containing in them and also the other persons visiting these correctional facilities. Abuse of regulations attracts responsibility, stipulated by the legislation the Kyrgyz Republic.
3. The bases for acceptance of convicts in correctional facility are the sentence, the Resolution, determination of court which took legal effect, the act of pardon, the decision of the special commission of state body of criminal executive system and job specifications on the direction.
4. Acceptance of convicts in correctional facility is performed by the duty assistant to the head of the correctional institution with participation of workers of special and medical parts of correctional facility at check-point. In case of acceptance of convicts in correctional facility these, stipulated in Article 78 Penitentiary codes of the Kyrgyz Republic are fixed. The convicts who arrived to time off are accepted by the duty assistant to the head of the correctional institution, with the subsequent obligatory survey by the health worker.
5. Acceptance of convicts to lifelong imprisonment is performed by management of correctional facility, the duty assistant to the head of the correctional institution, the staff of operational and regime services and workers of medical and special parts of correctional facility. For the purpose of exception of illegal actions from convicts there are controllers.
6. During acceptance of convicts the duty assistant to the head of the correctional institution checks availability of personal records, relevant documents, job specifications and establishes their accessory the arrived convict. Personal records shall be packed into paper packets and are sealed, in case of damage of paper packet or seal, the duty assistant to the head of the correctional institution together with the chief of guard draws up the relevant statement.
In case of discrepancy of the convict of the photo or to the biographical particulars specified in the reference on private business, absence at the arrived convicts of clothes on season, documents in personal records of the medical certificate about the state of health the duty assistant to the head of the correctional institution draws up the reconciliation statement of availability of documents in the personal record in form according to appendix 1 to these rules.
7. After verification of the data specified in Item 6 of these rules, condemned accompanied by the duty assistant to the head of the correctional institution and the job specification of controllers are forwarded in quarantine department where are exposed to complete search, and the things belonging to them - to examination and weighing.
Before carrying out complete search and examination of things by the convict it is offered to hand over voluntarily the things which are available in case of themselves, objects, documents and food which convicts are forbidden to have in case of themselves, to receive in sending, parcels post, transfers according to the list according to appendix 2 to these rules. In case of voluntary surrender by convicts of the objects and things prohibited by these rules, measures of disciplinary punishment are not applied to them.
The things and objects prohibited according to appendix 2 to these rules and also the things exceeding the weight of 50 kg, except as specified of stipulated in Item 203 these rules, are withdrawn according to the procedure, determined by these rules, by results of withdrawal the relevant statement is drawn up. The decision on withdrawal of things over the established weight is made by the duty assistant to the head of the correctional institution, the things which are handed over on warehouse for storage are determined by convicts.
8. The health worker performs external examination of convicts for the purpose of detection at them of injuries and signs of skin and infectious diseases. In case of identification at the arrived condemned infectious diseases they immediately are isolated in medical part, in correctional facility the complex of anti-epidemic events is held.
In case of detection at the convict of bodily harms the health worker provides it necessary medical care, makes the corresponding records in the medical record of the arrived convict, in writing informs on the fact of the revealed damages of the head of the correctional institution or person replacing it. The head of the correctional institution or person replacing him informs on this fact in writing management of state body of criminal executive system and the prosecutor, representative to exercise supervision of execution of punishments in correctional facilities.
9. All convicts who arrived to correctional facility have primary medical examination and the complex sanitary processing including washing, processing of clothes in the disinfecting chamber. According to medical indications the complete hairstyle of indumentum can be made.
10. Convicts after acceptance accommodate in quarantine department where behind them medical observation during the time spent in quarantine is established, and physical examination is conducted. Convicts undergo the obligatory physical examination including survey by specialists doctors, X-ray-fluorographic and laboratory research in quarantine departments. Results of inspection are registered in the medical out-patient record of the convict. The convicts who arrived to medical correctional facilities in quarantine department are not located.
11. In quarantine department convicts under the signature get acquainted with the procedure and conditions of serving sentence, the rights and obligations established by the legislation of the Kyrgyz Republic and these rules undergo instructing about measures of fire safety, are warned about responsibility for violations of established procedure of serving sentence in correctional facility.
Besides, convicts are informed under the signature on application in correctional facility of audiovisual, electronic and other technical means of supervision and control, cases of use of physical force, special means and weapon according to the legislation of the Kyrgyz Republic. The specified receipts join personal records of convicts.
Convicts are informed on the social services in prevention and treatment of drug addiction, HIV/AIDS, tuberculosis and other socially important diseases provided in organization, criminal executive system, functioning of social bureau, opportunities of receipt of legal, psychological assistance, and also features of training of convicts for release.
According to the statement of the convict, on his name the personal account which is used according to the procedure, determined by Article 91 of the Penitentiary code of the Kyrgyz Republic is opened.
12. Psychologists of correctional facility 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 bodily harm and to other illegal actions come to light. By results of studying psychological portraits on each newcomer of the convict are constituted, recommendations about work with them are made in the relevant services of correctional facility.
13. In the presence in the personal record of materials about settlement condemned to the penal isolation center, the room of chamber type or the solitary confinement it is transferred to the specified placement for not served sentence of disciplinary punishment.
14. In case of transfer of the convict from quarantine department to the penal isolation center, the room of chamber type, the solitary confinement, the room of temporary isolation or medical and sanitary part, content in this room it is set off stays in quarantine department in time.
15. The decision on distribution of convicts on groups (cameras) taking into account their personal features, attraction them to work, training in system of general and professional education is accepted by the commission of correctional facility which activities according to Article 80 of the Penitentiary code of the Kyrgyz Republic are determined by state body of criminal executive system.
16. Within three working days from the date of arrival of the convict, administration of correctional facility the written notice of the place of serving sentence, with indication of the postal address of correctional facility, the list of things and objects which convicts are forbidden to have in case of themselves goes to the spouse (spouse), one of relatives or the other person (at the choice of the convict), to receive in sending, parcels post, transfers according to appendix 2 to these rules, the main requirements of procedure for correspondence, obtaining and departure of money transfers, provision by the convict of departures out of limits of correctional facility, appointments, telephone conversations.
About arrival of the condemned foreign citizens and persons without citizenship who were constantly living before arrest abroad the administration of correctional facility within five working days sends notifications to the Ministry of Foreign Affairs of the Kyrgyz Republic.
17. The convicts serving custodial sanction along with the rights provided by Articles 16-28 of the Penitentiary code of the Kyrgyz Republic have the right:
- dispose of the personal time provided by daily routine without breaking at the same time statutory rules of behavior;
- acquire, use and store the food, objects and things which are not prohibited by these rules;
- participate in cultural and mass and sporting events;
- enter the voluntary organizations of convicts according to the procedure, determined by Article 115 of the Penitentiary code of the Kyrgyz Republic;
- keep in contact with the spouse (spouse), relatives and other persons;
- use the provided social services;
- use library, board games, musical instruments, rooms of sports, cultural and mass appointment;
- be engaged in art, literary and other creative activities;
- take part in programs for decrease in harm from drugs, to prevention and treatment of HIV/AIDS and drug addiction, and other rehabilitation programs realized according to decisions of state body of criminal executive system in coordination with the interested ministries and departments.
18. The convicts having children in children's homes of correctional facility, containing on the facilitated conditions in colonies of the general and strict modes can wear civil clothes of dark, pastel tones, in the presence on it the breastplate.
19. The convicts serving custodial sanction along with obligations, stipulated in Article 29 Penitentiary codes of the Kyrgyz Republic and these rules, shall:
- observe daily routine of correctional facility;
- work on places and at the works determined by administration of correctional facility;
- take part (on priority) in non-paid works on improvement of correctional facility and the territory adjoining to it, cameras, rooms public, and also to improvement of cultural and community and sanitary and hygienic conditions of accommodation;
- wear clothes of the established sample, with the breastplate (appendix 3 to these rules), according to the regulations approved by the Order of the Government of the Kyrgyz Republic "About approval of the minimum regulations of material and household providing the convicts and persons containing in correctional facilities of criminal executive system of the Kyrgyz Republic" of December 22, 2015 No. 864, except for of the convicts specified in Item 18 of these rules and containing in colonies settlements;
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