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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 31, 2018 No. 666

About questions of creation of body of probation in the Kyrgyz Republic

(as amended on 19-04-2021)

For the purpose of material, financial and other provision of body of probation in the Kyrgyz Republic, according to article 15 of the Law of the Kyrgyz Republic "About enforcement of the Criminal code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses, the Code of penal procedure of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About bases of amnesty and procedure for its application", article 13 of the Law of the Kyrgyz Republic "About probation", 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. Create Department of probation under the Ministry of Justice of the Kyrgyz Republic (further - Department).

2. Approve:

- Regulations on Department according to appendix 1;

- Procedure for application of probation and the customer accounting according to appendix 2.

3. Determine that during the period from January 1, 2019 to September 1, 2019 functions on execution of punishments without isolation from society, enforcement powers of criminal law action, to probation to supervision and control of persons which are conditionally ahead of schedule exempted from correctional facilities according to the paragraph third Item 2 of this resolution are assigned to criminal and executive inspections of Public service of execution of punishments under the Government of the Kyrgyz Republic.

4. To the Ministry of Finance of the Kyrgyz Republic to provide step-by-step allocation of necessary assignments for compensation, material equipment and municipal operating costs within the means provided by the republican budget in the following procedure:

- from January 1, 2019 to August 31, 2019 - Public service of execution of punishments under the Government of the Kyrgyz Republic;

- since September 1, 2019 - to Department.

5. To public service of execution of punishments under the Government of the Kyrgyz Republic in accordance with the established procedure:

- since September 1, 2019 to transfer to the Ministry of Justice of the Kyrgyz Republic of 140 established posts with the salary fund, documentation, financial resources and other inventory items of criminal and executive inspections;

- hold the relevant organizational and regular activities;

- in first-priority procedure to employ the staff of the criminal and executive inspectorates which are at the disposal of personnel in connection with holding organizational and regular actions;

- the paragraph the fifth ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 05.08.2019 No. 400.

6. To fund for management of state-owned property under the Government of the Kyrgyz Republic together with Administration of the President and the Governments of the Kyrgyz Republic, the State agency on cases of local self-government and the interethnic relations under the Government of the Kyrgyz Republic, plenipotentiaries of the Government of the Kyrgyz Republic in areas, within the available real estate fund, till December 30, 2019 to resolve issue of provision of service premises to Department, taking into account offers of Public service of execution of punishments under the Government of the Kyrgyz Republic and Ministry of Justice of the Kyrgyz Republic.

7. To the Ministry of Education and Science of the Kyrgyz Republic before complete completion of states of bodies of probation to hold events for determination of professional orientation of graduates of higher educational institutions for the corresponding directions (social work, psychology, pedagogics, law), for the purpose of the choice of the sphere of probatsionny activities and their further employment by them.

8. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 05.03.2021 No. 78

9. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 05.08.2019 No. 400.

10. To the Ministry of Justice of the Kyrgyz Republic and Public service of execution of punishments under the Government of the Kyrgyz Republic:

- bring the decisions into accord with this resolution;

- take the necessary measures following from this resolution.

11. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About condition of content, correction, re-education and trudoispolzovaniye of convicts in correctional institutions of the Ministry of Internal Affairs of the Kyrgyz Republic" of March 13, 1995 No. 81;

- the order of the Government of the Kyrgyz Republic "About transfer of criminal and executive inspection from maintaining the Ministry of Internal Affairs of the Kyrgyz Republic in maintaining the Main Directorate of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic" of May 14, 2008 No. 222;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on criminal and executive inspection of the Main Directorate of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic" of December 25, 2008 No. 715.

12. To impose control of execution of this resolution on department of defense, law and order and emergency situations and department of legal examination of Government office of the Kyrgyz Republic.

13. This resolution is subject to official publication and becomes effective since January 1, 2019, except for Item 1, of the subitem of the first Item 2, of Items 8 and 9, of paragraphs of the third and fourth Item 11, which become effective since September 1, 2019.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of December 31, 2018 No. 666

Regulations on Department of probation under the Ministry of Justice of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines procedure for activities of the Department of probation under the Ministry of Justice of the Kyrgyz Republic (further - Department) authorized according to the criminal and executive legislation of the Kyrgyz Republic to perform activities in the sphere of probation.

2. The department on form of business is subordinated division of the Ministry of Justice of the Kyrgyz Republic (further - the Ministry).

3. The department in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, presidential decrees of the Kyrgyz Republic, the orders of the Government of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic, and also this Provision.

4. The staff of Department is the government civil servants.

5. The department has legal capacity of the legal entity, has separate balance and the property assigned to it on the right of operational management, settlement and other accounts according to the legislation of the Kyrgyz Republic.

6. The department has seal with the image of the State Emblem of the Kyrgyz Republic, with the name in the state and official languages, other seals, stamps, forms of the established sample.

7. Control of activities of Department is exercised by the Ministry.

8. The number of staff, structure, the scheme of management, the staff list of central office and territorial subdivisions of Department affirm the Ministry within the established extreme number of staff.

9. Full name of Department:

in state language: "Kyrgyz Respublikasynyn justice ministirliginin aldyndaga probation department";

in official language: "Department of probation under the Ministry of Justice of the Kyrgyz Republic.

Abbreviated name of Department:

in state language: "Probation department";

in official language: "Department of probation".

10. Legal address: Kyrgyz Republic, city of Bishkek of Ulitsa Ch. Aitmatov, 1.

Chapter 2. Tasks, functions and rights of Department

11. Tasks of Department are:

1) execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action according to the procedure, established by the legislation in the sphere of probatsionny and criminal and executive activities;

2) implementation of probation of supervision, supervision and control of conditionally convicts condemned with the serving sentence delay, persons which are conditionally ahead of schedule exempted from correctional facilities and also execution of functions on creation of probation of the report;

3) studying of the identity of the client of probation and correction of his behavior, forming of right obedient conduct of life;

4) providing rights, freedoms and legitimate interests of clients of probation;

5) prevention of making by clients of probation of offenses;

6) coordination of implementation of social and rehabilitation programs concerning clients of probation.

12. The department performs the following functions:

1) management of structural and territorial subdivisions and control of their activities;

2) in accordance with the established procedure cooperation with state bodies, local government bodies, international and non-governmental organizations, public;

3) ensuring functioning of information system and the database of clients of probation within the competence;

4) management financial and the appliances allocated for the organization of activities of bodies of probation;

5) plan development, the project requests aimed at the development of institute of probation;

6) collection and the analysis of statistical data about activities of probation;

7) holding actions for legal promotion in the sphere of the supervised industry;

8) reception of citizens, offers, statements and claims on probatsionny activities;

9) ensuring confidentiality of information about clients of probation;

10) development and distribution of directory materials about probatsionny activities;

11) project development of regulatory legal acts in the sphere of probation;

12) detection of needs for professional training of employees, volunteers;

13) development of training programs of professional training and retraining of employees and volunteers of bodies of probation;

14) implementation of actions in the sphere of resocialization of clients of probation;

15) execution of international legal obligations of the Kyrgyz Republic on transfer of clients of probation to the states of their nationality;

16) execution of sentences, resolutions, determinations of courts, acts of amnesty and pardon;

17) studying of experience of foreign countries concerning probation and implementation its positive the practician in probatsionny activities;

18) conducting research works, the analysis of law-enforcement practice in the field of probation;

19) development of offers on forming of the draft of the republican budget, in the part concerning financing of probatsionny activities;

20) control of operation, maintenance and protection of property of bodies of probation, and also acceptance of necessary measures for its preserving and rational use;

21) the organization of the accounting and statistical recording in bodies of probation, control of feasibility of the performed financial and economic operations and their compliance to the legislation, the organization of economical and effective expenditure of budgetary funds;

22) implementation of other organizational, allowing and control functions according to the legislation in the sphere of probation.

13. The department for the purpose of accomplishment of tasks, stipulated in Item the 11th this provision, has the right:

1) to issue orders, orders within the competence and powers;

2) in accordance with the established procedure to request and receive information connected with implementation of probation from state bodies, local public administrations and local government bodies, other organizations;

3) to receive and use technical, humanitarian and financial aid from the international and non-governmental organizations, to use it for the purpose of accomplishment of the tasks;

4) on its own behalf to acquire the property and personal non-property rights and to perform duties, to sign contracts, to be claimant and the defendant in court, to have the isolated property on the right of operational management, to have the main and current assets, separate balance;

5) to organize seminars, national and international conferences in the field of probation;

6) to have information publications in the field of probation, to create and support the website, with placement of information on the activities;

To attract 7) on contractual basis of experts, specialists for the purpose of the solution of the tasks arising in the course of probatsionny activities;

8) to perform other rights which are not contradicting the legislation of the Kyrgyz Republic.

Chapter 3. Organization of activities of Department

14. The department is headed by the director appointed to position and dismissed by the Prime Minister of the Kyrgyz Republic on representation of the Minister of Justice of the Kyrgyz Republic.

15. The staff of Department and its structural territorial subdivisions are appointed to position and dismissed according to the procedure, established by the legislation of the Kyrgyz Republic in the sphere of public service.

16. The department director has two deputies. Deputy directors are appointed to position and dismissed according to the legislation of the Kyrgyz Republic on the public civil service.

Deputy directors submit directly to the director, will organize activities of Department according to the distributed obligations.

17. Department director:

1) performs on the basis of one-man management the common directorship of activities of Department and bears the personal responsibility for accomplishment of the tasks and functions assigned to Department;

2) is represented by Department in the relations with state bodies, the companies, organizations and the organizations of the Kyrgyz Republic and foreign states, conducts within the powers negotiations concerning interaction and cooperation concerning probation;

3) determines internal rules and procedures of work of Department, job responsibilities of employees and the organization of activities of volunteers;

4) approves regulations on structural and territorial subdivisions of Department;

5) establishes powers of deputy directors, execution has the right to delegate to them to part of the powers according to the solution of the operational, organizational, personnel, financial, production and economic and other issues which are within the competence of Department;

6) represents in accordance with the established procedure especially caused a stir staff of Department to rewarding with departmental and state awards;

7) makes the decision on work incentives of personnel of Department according to the legislation of the Kyrgyz Republic;

8) applies the types of authority punishments established by the legislation of the Kyrgyz Republic to personnel of Department;

9) issues obligatory for execution in system of Department orders and other acts, including jointly or in coordination with heads of other state bodies, will organize check of their execution;

10) is manager of financial resources;

11) performs other powers for the solution of the questions raised before Department.

18. In the absence of the Director it is replaced by one of deputies.

19. Legal regulation of employment relationships with employees and personnel of Department is performed according to the legislation of the Kyrgyz Republic in the sphere of the public civil service, the Labor code of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic and acts of the Ministry.

20. The staff of Department, in case of non-execution or improper execution of the labor obligations assigned to them, making of illegal actions (failure to act), bears material, disciplinary, criminal and other responsibility according to the legislation of the Kyrgyz Republic.

Chapter 4. Final provisions

21. Financing of maintenance costs of central office, territorial subdivisions of Department is performed at the expense of means of the republican budget, and also other means which are not forbidden by the legislation of the Kyrgyz Republic.

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