ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2018 No. 880

About modification and amendments in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions are made.

2. To committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 24, 2018, No. 880

The list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions are made

1. In the order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 15, 2014 No. 511 "About approval of Rules of the organization of activities of service of probation" (it is registered in the Register of state registration of regulatory legal acts No. 9738, it is published on February 26, 2015 in the Kazakhstanskaya Pravda newspaper):

in the Rules of the organization of activities of service of probation approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

in Russian to be reworded as follows Item 2, the text in Kazakh does not change:

"2. Execution of the criminal penalties which are not connected with isolation of the convict from society is made based on sentence, the resolution which took legal effect.";

state Item 3 in the following edition:

"3. The bodies performing the criminal penalties which are not connected with isolation of the convict from society are territorial services of probation of Departments of criminal executive system on areas, the cities of Almaty, Shymkent and Astana (further - Services of probation).";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for the organization of activities of service of probation";

to state heading of paragraph 1 in the following edition:

"Paragraph 1. Main objectives of Service of probation";

8) of item 4 to state the subitem in the following edition:

"8) according to Article 476 of the Code of penal procedure of the Republic of Kazakhstan is brought by submissions to court for the solution of the following questions:

about replacement of corrective works - attraction to social jobs, arrest, restriction of freedom or imprisonment, in case of the circumstances interfering execution of corrective works;

about replacement of attraction to social jobs - on arrest, restriction of freedom or imprisonment, in case of malicious evasion from social jobs;

about replacement of restriction of freedom - imprisonment, in case of malicious evasion from serving sentence by person condemned to restriction of freedom;

about release from execution of the rest of corrective works in case of full disablement;

about the announcement, the termination of search and election of measure of restraint concerning the persons condemned to the punishment which is not connected with isolation from society, who disappeared from control evading from serving sentence;

about parole from serving sentence of convicts to restriction of freedom and corrective works;

about cancellation of conditional condemnation or prolongation of term of probation of control;

about cancellation fully or partially the obligations which are earlier established for the convict to restriction of freedom;

about offsetting of time of detention;

about cancellation of delay of execution of the punishment;

about release from punishment or mitigation of punishment owing to the edition of the penal statute, retroactive or canceling criminal liability for committed act, and also the act of amnesty;

about decrease in the size of payroll deductions of the convict to corrective works according to the criminal and executive legislation of the Republic of Kazakhstan.";

4) and 5) of Item 5 to state subitems in the following edition:

"4) carry quarterly out reconciliation with territorial administration КПСиСУ according to the exposed notices on convicts about what statements of reconciliations according to the exposed notices and alphabetic accounting cards of F-1 concerning convicts, to the punishments which are not connected with isolation from society in form according to appendix 1 to these rules, in duplicate are drawn up;

5) carry monthly out reconciliation with operational search divisions according to lists of persons who are wanted about what the reconciliation statement on the condemned persons who are wanted in form according to appendix 2 to these rules, in duplicate is drawn up;";

state Item 7 in the following edition:

"7. Sequence numbers of personal, control, accumulative record, accounting card and control сроковой cards correspond to number of the sentence registered in register of convicts and exempted conditional ahead of schedule from the places of detention exempted from places of detention concerning which the court establishes administrative supervision.";

9, of 10, 11 and 12 to state Items in the following edition:

"9. Personal, control and accumulative case of the convict consists of two parts:

in the first part the materials which are the basis for registration (sentence, determination, the resolution, the certificate of the introduction in legal force), copies of notices, messages, the registration sheet and the single sheet for the marks checking on case studying are filed;

in the second part - the characterizing materials relating to the organization and implementation of process of execution of the punishment, rendering assistance in receipt of social legal assistance. All documents are filed in chronological procedure, numbered and entered in the inventory.

10. Within five working days after registration of the convict, the Service of probation creates the electronic notice on the convict (taken into custody) in form, according to appendix 5 to Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons, the approved order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29 (it is registered in the Register of state registration of regulatory legal acts for No. 16667) (further - Rules of maintaining and use of special accounting of persons) for automatic filling of details in the automated information system "Special Accounting" (further - AIS SU) and separately on papers provides copies of sentence, the copy of the document, proving the identity in territorial administration КПСиСУ.

On person condemned by court of other area, city of republican value, the capital fills one copy of alphabetic accounting card in form, according to appendix 1 to Rules of maintaining and use of special accounting of persons and creates the electronic notice on the convict (taken into custody) for automatic filling of details in AIS SU and separately on papers provides one copy of alphabetic accounting card, the copy of sentence, the copy of the identity document in territorial administration КПСиСУ. The copy of the notice is filed in the first part of case in chronological procedure.

The service of probation within five working days after statement on the accounting of person which did not undergo dactyloscopic registration in criminal prosecution authority or in the pre-trial detention center (case of private prosecution) represents one copy of the dactyloscopic map with application of a copy of the identity document to territorial administration КПСиСУ.

11. In case of release from punishment of the convict or change of sentence concerning it, removal from accounting, the Service of probation within five working days after receipt of the relevant proceeding decision creates the electronic notice on the convict (taken into custody) with indication of complete data on the basis of removal of the convict from accounting or change of sentence for automatic filling of details in AIS SU and separately on papers provides the copy of the court order which took legal effect in territorial administration КПСиСУ. The copy of the notice is filed in the second part of case in chronological procedure.

12. The service of probation for registration calls the convict, in the course of the conversation explain him procedure and conditions of serving sentence, and also responsibility for evasion from control, is specified its biographical particulars, the information about close relatives and persons who exert impact on the convict for control of his behavior. After the had talk the reference conversation is constituted and the subscription in form according to appendix 26 to these rules which is filed in personal or control record of the convict is taken away from the convict.

If the convict aged from eighteen up to twenty seven years did not pass and is subject to appeal on the conscription military service Service of Probation sends to local body of military management the message on statement it on accounting in form according to appendix 27 to these rules.";

state Item 15 in the following edition:

"15. The service of probation in case of the direction of the convict in local executive body hands it the reference direction.

In the reference direction biographical particulars of the convict, its residence and the place of the main work (study), the article of the Criminal Code of Kazakhstan (further - the Criminal Code of Kazakhstan) are specified under which he is condemned, the term of social jobs (in hours), date of appearance of the convict in local executive body, procedure for its calculation according to Article 58 of the Penitentiary code of the Republic of Kazakhstan (further - WICK RK).";

exclude Item 20;

exclude Item 23;

state Item 27 in the following edition:

"27. In case of evasion of the convict from serving sentence, the Service of probation within three working days takes to court representation in form, according to appendix 30 to these rules about replacement of social jobs with arrest, restriction of freedom or imprisonment according to part 2-1 of the article 43 Criminal Code of Kazakhstan.";

state Item 30 in the following edition:

"30. Corrective works are performed by monthly deduction and transfer in Fund of compensation by the victim from ten to fifty percent of the salary (monetary pay) of the convict, less means of subjects to periodical payment (collection) on account of the alimony, the indemnification caused by mutilation or other damage of health, and also the death of the supporter.";

state Item 49 in the following edition:

"49. Concerning the convict evading from serving sentence in the form of corrective works or who is not employed within three months from the date of loss of work or termination of the employment contract, the Service of probation within three working days takes to court representation in form, according to appendix 30 to these rules about replacement to unexecuted part of the penalty imposed for criminal offense, attraction to social jobs or arrest, and for crime of small and average weight, - restriction of freedom or imprisonment, for serious crime, - imprisonment.";

state Item 71 in the following edition:

"71. Involvement of convicts to restriction of freedom by a court decision to forced labor for hundred hours annually during all term will be organized by local executive bodies according to Articles 57 - 59 WICK RK and not over four hours a day are left.";

state Item 110 in the following edition:

"110. Service of probation:

1) in case of registration:

has initial talk of preventive nature with the minor in the presence of parents or other legal representatives, and if necessary - the psychologist or the teacher;

explains procedure and conditions of serving sentence;

specify its biographical particulars, the information about close relatives and persons who exert impact on the minor, and also other questions important for control of his behavior.

After the had talk with the minor the reference conversation is constituted, and also the subscription in form, according to appendix 26 to these rules which are filed in personal or control juvenile case is selected. The minor, parents or other legal representatives undersign for the reference conversation and subscription;

2) from the date of receipt of the court verdict concerning the minor, in daily time sends, to local body of military management (in the relation teenagers of military age), and also in guardianship and custody bodies the message in forms, according to appendices 27, 42 to these rules;

3) during detention of the minor who was wanted without delay calls parents or other legal representatives, for poll and establishment of the reasons and conditions promoting evasion from serving of punishments;

4) together with representatives of guardianship and custody body quarterly conducts examination of housing conditions of minors with creation of the act.";

exclude Item 112;

add with paragraph 12-1 of the following content:

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