ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 19, 2018 No. 536

About approval of the Order of interaction of state bodies and local government bodies with administrations of correctional facilities in questions of rendering the public assistance to convicts

For the purpose of implementation of Article 111 of the Penitentiary code of the Kyrgyz Republic, article 11 of the Law of the Kyrgyz Republic "About probation", according to 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 the Order of interaction of state bodies and local government bodies with administrations of correctional facilities in questions of rendering the public assistance to convicts, according to appendix.

2. To the Ministry of Health of the Kyrgyz Republic, the Ministry of Education and Science of the Kyrgyz Republic, the Ministry of Internal Affairs of the Kyrgyz Republic, the Ministry of Labour and social development of the Kyrgyz Republic, the Public registration service under the Government of the Kyrgyz Republic, Public service of execution of punishments under the Government of the Kyrgyz Republic, to Fund of compulsory medical insurance under the Government of the Kyrgyz Republic, to plenipotentiaries of the Government of the Kyrgyz Republic in areas, local public administrations and local government bodies (in coordination) to take measures for execution of this Resolution.

3. To perform the expenses connected with implementation of this Resolution within means of the ministries and administrative departments provided by the republican budget for the corresponding years and the sources of financing which are not forbidden by the legislation of the Kyrgyz Republic.

4. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

5. This Resolution is subject to official publication and becomes effective since January 1, 2019.

Appendix

to the Order of the Government of the Kyrgyz Republic of November 19, 2018 No. 536

Order of interaction of state bodies and local government bodies with administrations of correctional facilities in questions of rendering the public assistance to convicts

Chapter 1. General provisions

1. This Order of interaction of state bodies and local government bodies with administrations of correctional facilities in questions of rendering the public assistance to convicts (further - the Procedure) determines functions of state bodies, local government bodies in questions of rendering the public assistance to convicts and their social maintenance after release.

2. In case of the solution of questions of rendering the public assistance to the convicts preparing for release, the administration of correctional facility interacts with bodies:

- local self-government;

- probations;

- registration of the population;

- health cares;

- work and social development;

- educations;

- internal affairs.

Concerning rendering social assistance to minors the administration of correctional facility interacts with the commissions on cases of children under local public administrations and the city halls.

3. The purpose of this Procedure is increase in efficiency of interdepartmental interaction in the solution of social problems of the convicts preparing for release and persons exempted from the correctional facilities which appeared in difficult life situation.

Chapter 2. Training of convicts for release from correctional facilities

4. Preparation for release of the convicts serving sentence in correctional facilities begins 1 year prior to the termination of their term of deprivation of freedom.

5. Administration of correctional facility within 10 working days after determination of the convicts who are subject to release, in time, the stipulated in Item 4 presents of the Procedure:

1) sends the information about convicts to body of probation for statement them on accounting within penitentiary probation, the stipulated in Article 11 Laws of the Kyrgyz Republic "About probation";

2) has talk with the convict for determination of its place of residence, work or study after release; his needs for social and legal and psychological assistance, for education, profession, necessary documents, medical, social services and provision of pensions; availability at it of relatives, its relation with them;

3) for the purpose of ensuring material independence of the convict preparing for release in the presence of opportunity, directs it to paid work from its consent and taking into account its state of health;

4) sends inquiries for possibility of rendering social assistance to the convict preparing for release concerning the material and household device and ensuring other social requirements to state bodies (social development and employment, health care, education) and local government bodies;

5) sends notifications to guardianship and custody bodies in case of establishment that the minor is orphan or without parental support, for the solution of questions of its social device.

6. After holding the action established by the subitem 2 of Item 5 of this Procedure the convicts needing the public assistance are determined. Concerning this category of convicts (at will) the administration of correctional facility together with bodies of probation develops the individual program of rendering social legal assistance determined by article 17 of the Law of the Kyrgyz Republic "About probation".

7. The individual program of rendering social legal assistance is implemented by administration of correctional facility in interaction with bodies of probation, state bodies and local government bodies by means of holding the actions established by part 2 of Article 111 of the Penitentiary code of the Kyrgyz Republic and articles 11 and 17 of the Law of the Kyrgyz Republic "About probation".

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