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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

(In edition of the Order of the Government of the Kyrgyz Republic of 05.08.2019 No. 400)

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 voided 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. 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. No. 400 voided according to the Order of the Government of the Kyrgyz Republic of 05.08.2019.

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.

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