LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 1996 No. 28-I

About administrative supervision of persons exempted from places of detention

This Law determines content of the administrative supervision of persons exempted from places of detention, performed in the territory of the Republic of Kazakhstan and fixes system of legal guarantees of legality in case of its application.

Chapter I. General provisions

Article 1. Content, concept and purposes of administrative supervision

Administrative supervision is form of the prevention of recurrent crime, is implemented on the basis of respecting the rule of law, guarantee of the rights and freedoms of citizens and is performed based on the judge's ruling by law-enforcement bodies as enforcement power in the form of establishment of observation of behavior of persons exempted from places of detention to which the restrictions determined by the legislation for the purpose of the prevention of offenses from their party are set.

Article 2. Persons behind whom administrative supervision is established

Administrative supervision is established for persons who served sentence for:

a) the crimes committed in case of dangerous recurrence, and it is equal for terrorist or extremist crimes, crimes against sexual integrity of minors;

b) heavy and (or) especially serious crimes or offenders two and more times to imprisonment for intentional crimes and having the third negative degree of behavior at the time of the termination of term of punishment;

c) heavy and (or) especially serious crimes or offenders two and more times to imprisonment for intentional crimes if they after serving sentence, despite preventions of law-enforcement bodies, systematically disturb the public peace, the rights and legitimate interests of man and citizen, make other offenses.

Article 3. Bases for establishment of administrative supervision

The bases for establishment of administrative supervision are:

a) the court verdict which took legal effect concerning persons specified in the subitem and) article 2 of this Law;

b) materials of correctional institutions - concerning persons specified in the subitem) article 2 of this Law;

c) materials of law-enforcement bodies - concerning persons specified in the subitem in) article 2 of this Law.

Chapter II. Procedure for establishment, implementation and termination of administrative supervision

Article 4. Term and place of establishment of administrative supervision

Administrative supervision is established:

a) behind persons specified in subitems and) and b) article 2 of this Law, - in case of release from organization of criminal executive system;

b) behind persons specified in the subitem in) article 2 of this Law, - at the place of residence before repayment of term of criminal record according to article 79 of the Criminal Code of Kazakhstan.

Article 5. Procedure for establishment of administrative supervision

Administrative supervision is established:

behind persons specified in subitems and) and b) article 2 of the Law, - in judicial session solely the judge of district (city) court on the location of organization of criminal executive system on motivated representation of the chief of organization of criminal executive system;

behind persons specified in the subitem in) article 2 of this Law, - in judicial session solely the judge of district (city) court at the place of residence of person exempted from places of detention on motivated representation of the chief of law-enforcement body.

Together with representation the copy of sentence and materials testimonial of need of establishment of administrative supervision of the corresponding person are taken to court.

In judicial session person concerning whom idea of establishment of administrative supervision is brought, and according to the petition - and the defender, and also the representative of body or organization which chief brought representation is called.

Consideration of question begins the report on content of representation and the materials which arrived together with it, explanations of persons which were in judicial session are heard later.

After consideration of the case the judge leaves to the consultative room for decision making then returns to assembly hall and announces the resolution.

The court order goes for execution to the chief of district (city) law-enforcement body at the place of residence of person concerning which administrative supervision is established, and in the cases provided by subitems and) and b) article 2 of this Law, - to the chief of organization of criminal executive system.

Article 6. Effective period of administrative supervision

Article 7. The restrictions applied concerning persons behind whom administrative supervision is established

Can be applied to persons behind whom administrative supervision is established in full or separately depending on conduct of life, behavior in family and at the place of residence, other circumstances characterizing the identity of the person under surveillance, the following restrictions in the form of prohibition:

a) leave the dwelling in time determined by law-enforcement bodies;

6) to stay in the places of the area (city) determined by law-enforcement bodies;

c) leave the area (city) without the permission of the law-enforcement bodies exercising supervision;

d) search, visit, conduct telephone negotiations and communicate otherwise with minors without the consent of their parents or legal representatives;

e) take alcoholic beverages, drugs, psychotropic substances.

Article 8. Change of the restrictions set to the person under surveillance

The list of restrictions to the person under surveillance can be reduced or added by the judge on motivated representation of law-enforcement body taking into account its conduct of life and behavior, but within restrictions, the stipulated in Article 7 these Laws.

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