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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

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 January 1, 2020 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 December 31, 2019 - Public service of execution of punishments under the Government of the Kyrgyz Republic;

- since January 1, 2020 - to Department.

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

- since January 1, 2020 to transfer to the Ministry of Justice of the Kyrgyz Republic of 180 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;

- till December 30, 2019, together with the city halls of the cities of Bishkek and Osh, local public administrations and local government bodies (in coordination) to handle issue of provision of service premises for placement of territorial subdivisions of Department.

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.

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. Bring in the order of the Government of the Kyrgyz Republic "About the Ministry of Justice of the Kyrgyz Republic" of December 15, 2009 No. 764 the following changes:

in Regulations on the Ministry of Justice of the Kyrgyz Republic approved by the above-named resolution:

- in Item 1 of the word "lawyer and notarial" shall be replaced with words "lawyer, notarial and probatsionny";

- add Item 5 with the paragraph the seventh the following content:

"-ensuring execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action, probation of supervision and control of the persons which are conditionally ahead of schedule exempted from correctional facilities within the conferred powers.";

- to add the subitem "b" of Item 6 with the paragraph the eighth the following content:

"-coordinates probatsionny activities;".

9. Bring in the order of the Government of the Kyrgyz Republic "About the extreme number of staff of the ministries, administrative departments and other state bodies of the Kyrgyz Republic" of August 22, 2011 No. 473 the following change:

in appendix 1 to the above-named resolution:

- state Item 3 in the following edition:

since January 1, 2020:

"

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