RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of May 4, 2018 No. 139

About some questions of calculation and compensation of the means enlisted in the income of the republican budget on account of compensation of its expenses

Based on paragraph two of subitem 4.6 of item 4 of the resolution of Council of Ministers of the Republic of Belarus of March 2, 2018 No. 174 "About measures for implementation of the Law of the Republic of Belarus of December 31, 2017 "About the republican budget for 2018" and subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611 "About some questions of the Ministry of Internal Affairs and the organizations which are a part of the system of law-enforcement bodies" the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve enclosed:

The instruction about procedure of payments, expense recoveries by convicts on their content in correctional facilities of open type;

The instruction about procedure of payments, expense recoveries by convicts, the citizens who are in medical and labor dispensaries or the citizens who came to them on appointment for accommodation in rooms of long appointments.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of May 4, 2018 No. 139

The instruction about procedure of payments, expense recoveries by convicts on their content in correctional facilities of open type

Chapter 1. General provisions

1. This Instruction determines procedure of payments, expense recoveries by content of the convicts to restriction of freedom with the direction in correctional facilities of open type (further - convicts) living in premises of correctional facilities of open type (further - organization).

2. Expenses on content of the funds condemned for the account allocated from the republican budget in organizations are performed regarding payment of the utilities consumed by convicts and also in case of absence at the condemned own means regarding payment of their food.

Chapter 2. Calculation of the cost of utilities which is subject to compensation

3. The cost of the provided utilities is compensated by convicts monthly proceeding from the actual consumption of these services in kind based on these individual or group metering devices, and in case of their absence - based on regulations (standard rates) of consumption established by local executive and administrative organs and also rates for the utilities for the population established according to legal acts of the Republic of Belarus.

4. The actual consumption of utilities in organizations includes consumption of hot and cold water supply, water disposal (sewerage), gas supply, electric utility service, heat supply, maintenance of the elevator of buildings, constructions and premises of organization (except buildings, constructions and premises of administration of organization), the address with solid municipal waste.

5. For calculation of the cost of utilities which is subject to compensation by convicts, person designated by the chief of organization responsible for settlings with suppliers of utilities in accounts department of organization provides the information on amounts of the consumed utilities by convicts to the 10th following month under report.

The amount of consumption of heat supply (Gcal) falling on consumption by convicts is determined as heat supply of the living space and part of squares of utility and auxiliary rooms estimated in proportion living space in total area of organization.

In case of availability in organization of empty seats for accommodation of the buildings condemned calculation of amount of consumption of heat supply, constructions and premises of organization (except buildings, constructions and premises of administration of organization) it is made with fullness coefficient. The coefficient of fullness is calculated as the relation of living space on which convicts, to total living space of organization live.

6. Calculation of the cost of utilities which is subject to compensation by convicts is made proceeding from the average cost of utilities falling on one convict a day.

Average cost of utilities on one convict a day is calculated by accounts department of organization according to appendix 1 to this Instruction.

Calculation of man-days is perfromed based on information on the convicts staying on the registry and living in organization. At the same time the convicts living in organization (who are staying on the registry), but temporarily absent at the rate of man-days are not excluded.

7. The cost of utilities which is subject to compensation on one convict a month is determined by multiplication of average cost of utilities by one convict in days on the number of calendar days of its stay in organization (from the moment of registration in organization) in month under report.

8. In case of disposal of the convict from organization (release, transfer to other organization of criminal executive system, and also in other cases) before the termination of month under report calculation of cost of utilities is made proceeding from the actual number of days of stay of the convict in organization in this month and average cost of utilities on one person a day for the last month.

Chapter 3. Expense recovery by convicts on their content in organizations

9. The cost of food is compensated by convicts proceeding from actually made expenses at the expense of the funds allocated from the republican budget on catering services of convicts in case of absence at them own means.

10. The chief of organization or person replacing it to the 20th day of every month and in day of release of the convict from organization issues under list to the convict of accounts on cost recovery of the food organized in organization at the expense of the funds allocated from the republican budget in form according to appendix 2 to this Instruction.

11. The cost of food is compensated by the condemned way of wire transfers through banks on the current (settlement) account of organization according to the procedure, established by acts of the legislation, for each expired month no later than the last day of the next month behind it. In case of not compensation in the specified time the cost of food is collected forcibly according to the legislation of the Republic of Belarus.

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