of April 2, 2019 No. ZRU-532
About administrative supervision of separate category of persons exempted from organizations on execution of the punishment
Accepted by Legislative house on January 7, 2019
Approved by the Senate on February 28, 2019
The purpose of this Law is regulation of the relations connected with administrative supervision of separate category of persons exempted from organizations on execution of the punishment (further - administrative supervision).
The main objective of administrative supervision is rendering individual preventive impact on separate category of persons exempted from organizations on execution of the punishment for the purpose of the prevention of making of offenses by them.
The legislation on administrative supervision consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about administrative supervision then are applied rules of the international treaty.
The basic principles of administrative supervision are:
observance and respect of the rights, freedoms and legitimate interests of citizens;
differentiation and individualization of the set restrictions;
stimulation of law-abiding behavior.
In this Law the following basic concepts are applied:
administrative supervision - the package of measures of educational and preventive impact consisting in application to persons under surveillance to persons of the administrative restrictions set by court;
administrative restriction - temporary restriction of the rights and freedoms or the assignment of obligations established by court concerning person exempted from organization on execution of the punishment;
subsupervising person - person concerning whom administrative supervision is exercised;
the residence of the person under surveillance of person (residence) - premises in which subsupervising person is registered in the place of permanent residence or temporary stay.
Administrative supervision is established by court in the presence of the bases provided by part one of article 8 of this Law concerning full age persons:
recognized as court especially dangerous recidivists;
convicts to imprisonment for making of heavy or especially serious crimes;
convicts to imprisonment two or more times for any intentional crimes;
the acts which served custodial sanction in the territory of other state for making being according to the Criminal code of the Republic of Uzbekistan heavy or especially serious crimes.
Administrative supervision cannot be established concerning persons having the removed or extinguished criminal record.
To persons under surveillance to persons based on the court order taking into account nature of committed act the following administrative restrictions can be set:
prohibition on stay out of the residence in certain time of day;
prohibition on stay in certain places;
prohibition on departure out of the territory limits set by court without the permission of law-enforcement bodies;
appearance in law-enforcement body (strong point of law-enforcement body) for registration from one to four times a month;
prohibition on the use of alcoholic beverages.
The administrative restrictions specified in part one of this Article are set in full or separately depending on conduct of life, marital status of the person under surveillance of person, and also other circumstances characterizing his personality.
The list of administrative restrictions is exhaustive, is not subject to amendment or extensive interpretation.
The applied administrative restrictions can be partially cancelled by court on representation of law-enforcement body or the statement of the person under surveillance of person or his representative, and also the petition of labor collective, public association and self-government institutions of citizens taking into account data on image of his life and behavior.
Motivated idea of need of establishment of administrative supervision is taken to court:
concerning persons recognized by court especially dangerous recidivists - the chief of organization on execution of the punishment not later than month before their release;
concerning persons which are in the organizations on execution of the punishment condemned to imprisonment for making of heavy or especially serious crimes or convicts to imprisonment two or more times for any intentional crimes if they during serving sentence were in accordance with the established procedure acknowledged malicious violators of detention regime, - the chief of organization on execution of the punishment not later than month before their release;
concerning persons exempted from organizations on execution of the punishment - the chief of law-enforcement body within repayment periods or removal of criminal record based on the materials testimonial of the fact that they after release from organizations on execution of the punishment made two or more administrative offenses within year.
In idea of need of establishment of administrative supervision need of establishment of administrative supervision, the offer on the set administrative restrictions and data on the chosen residence of person concerning which administrative supervision can be established is specified.
If person exempted from organization on execution of the punishment for certain reasons has no specific residence, the administration of organization on execution of the punishment sends to relevant organs of the government on places, to law-enforcement bodies and healthcare institutions the petition with request for rendering to it the help in providing with residence, registration in the place of permanent residence or temporary stay and employment, and also about the advance solution of questions of treatment of persons with disability or persons having serious illness.
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