of November 7, 2018 No. PP-4006
About measures for radical enhancement of the criminal and executive legislation
In the country complex measures for enhancement of system of execution of the punishment, ensuring protection of the rights, freedoms and legitimate interests of convicts, increase in efficiency of educational work on their correction for the purpose of the prevention of retsidivnost of crimes are implemented.
At the same time, results of studying of criminal and executive practice testify to need of implementation of transparent and most effective legal mechanisms of observance of the rights of convicts, providing respect of their honor and advantage, correction and training in work for further social adaptation in society.
For the purpose of radical enhancement of the criminal and executive legislation taking into account modern international standards and the best foreign practices, and also according to the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:
1. Determine the main priority directions of further enhancement of regulatory framework in the field of ensuring execution of criminal penalties:
unification, systematization and harmonization of regulations of the criminal and executive legislation;
implementation of qualitatively new mechanisms of implicit ensuring compliance with the rights of convicts, respect of their honor and advantage;
enhancement of system of forming in consciousness of convicts of law-abiding behavior, respect for the person, work, regulations and traditions of the social hostel;
further expansion of circle of the rights of convicts according to the conventional international standards;
development of system of education, organization of professional training and employment of convicts, first of all minors and youth;
cardinal review of mechanisms of execution of the punishments which are not connected with imprisonment, increase in efficiency of control of behavior conditionally of the convicts and persons who are conditionally ahead of schedule exempted from punishment;
strengthening of public control in activities of organizations for execution of the punishment, ensuring their close interaction with institutes of civil society in social adaptation of persons exempted from places of detention.
2. Take into consideration that as a part of Department of public safety of the Ministry of Internal Affairs of the Republic of Uzbekistan and its territorial subdivisions the Service of probation and its territorial subdivisions is formed (further - divisions of probation) respectively.
3. Establish procedure according to which:
the staff of divisions of probation of district (city) law-enforcement bodies in accomplishment of the tasks assigned to it, as a rule, is distributed from calculation one employee on 100 convicts - in the cities, 75 - in areas;
divisions of probation are completed with skilled employees of officers, work experience in the social, pedagogical and preventive spheres in priority having;
staff of law-enforcement bodies with length of service in service of probation is appointed at least three years heads of district (city) divisions of probation;
the persons from among pensioners of law-enforcement bodies having wide practical experience of work and who are not dismissed on negative circumstances can be appointed to positions of staff of divisions of probation at the expense of the certified positions.
4. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 29.11.2021 No. UP-27
5. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 29.11.2021 No. UP-27
6. Approve the offer of the Ministry of Internal Affairs of the Republic of Uzbekistan on creation of Fund of the development of service of probation (further - Fund) created at the expense of 100 deduction percentages arriving from serving sentence in the form of corrective works.
Grant to the Minister of Internal Affairs of the Republic of Uzbekistan the right by fund:
enter according to reasonable offers of Department of public safety additional established posts of employees, workers and the serving divisions of probation taking into account the number of persons serving sentence in the form of the restriction of freedom, corrective works, obligatory social jobs and the deprivation of certain right which is conditionally condemned and which is conditionally ahead of schedule exempted from serving sentence;
involve on contractual basis in divisions of probation of specialists psychologists with determination of the amount of payment of their work taking into account the actual environment in the labor market;
place temporarily available funds of Fund into deposit accounts of commercial banks;
establish for the staff of divisions of probation the stimulating percentage allowances to official pay rates, regardless of other surcharges and allowances established by the legislation.
Determine that fund is spent only on:
stimulation of employees and strengthening of material and technical resources of divisions of probation;
content of in addition entered established posts of the divisions of probation which are not financed by the budgetary funds and also attracted on contractual basis of specialists psychologists;
organization of events on professional training of the convicts serving the sentences which are not connected with imprisonment and also the minors exempted from organizations on execution of the punishment.
7. Confer the personal responsibility on the minister of employment and employment relationships of the Republic of Uzbekistan, the chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent for the organization of effective interaction and rendering comprehensive practical assistance of probation to divisions in social adaptation and employment of convicts to the punishments which are not connected with imprisonment.
8. Approve the Concept of enhancement of the criminal and executive legislation of the Republic of Uzbekistan in 2019 - 2021 (further - the Concept) according to appendix No. 3.
To the Prosecutor General's Office together with the Supreme Court, the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of development of information technologies and communications of the Republic of Uzbekistan:
in a month to form Interdepartmental expert group on enhancement of the criminal and executive legislation (further - expert group) with approval of the detailed plan of its work and establishment of mechanisms of control;
till June 1, 2020 on the basis of studying of the best foreign practices to provide development and introduction in accordance with the established procedure of the project of the Penitentiary code of the Republic of Uzbekistan in the new edition taking into account results of implementation of the Concept.
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