LAW OF THE KYRGYZ REPUBLIC

of May 5, 2021 No. 60

About bases of prevention of offenses

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 24, 2021

Chapter 1. General provisions

Article 1. Subject of legal regulation

This Law determines legal and organizational basis of prevention of offenses and governs the public relations arising in the field of prevention of offenses in the Kyrgyz Republic.

Article 2. Basic concepts

In this Law the following basic concepts are applied:

1) offense - illegal act (action or failure to act) of objects of offense and crime for which making responsibility according to the Code of the Kyrgyz Republic about offenses and the Criminal code of the Kyrgyz Republic is provided;

2) prevention of offenses - system of the legal, social and economic, psychological, information, organizational and other measures undertaken by subjects of prevention of the offenses directly or indirectly directed to increase in level of security of citizens, decrease in crime rate, identification, elimination of the reasons and conditions promoting making of offenses;

3) subject of prevention of offenses - the objective and subjective reasons and conditions promoting making of offenses from subjects of offense and crime;

4) object of prevention of offenses - physical persons or legal entities on which prevention of offenses is directed;

5) the subject of prevention of offenses - state bodies and local government bodies, authorized to perform prevention of offenses according to this Law. Non-profit organizations, legal entities and physical persons can render assistance to subjects of prevention of offenses in implementation of prevention of offenses;

6) persons from groups of social risk - the citizens, including the children and youth who appeared in difficult life situation, living in the families having the problems connected with economic, social difficulties, internal and external migration;

7) antisocial behavior - the action or failure to act of physical person which is not offense or crime, but which can lead to offenses;

8) the joint plan for prevention of offenses - in advance planned complex of actions for prevention of offenses in the specific territory and approved by local government bodies.

Article 3. Legal basis of the legislation of the Kyrgyz Republic on prevention of offenses

The legal basis of the legislation of the Kyrgyz Republic on prevention of offenses is constituted by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic concerning prevention of offenses, and also which came in the procedure established by the law into force the international agreements which participant is the Kyrgyz Republic.

Article 4. Purposes and tasks of prevention of offenses

1. The purposes of prevention of offenses are increase in level of security of citizens, decrease in crime rate, identification, elimination of the reasons and conditions promoting making of offenses.

2. Tasks of prevention of offenses are:

1) ensuring protection of the rights, freedoms and legitimate interests of the personality;

2) increase in level of legal consciousness and legal culture of citizens and responsibility of officials, legality strengthening, and also forming of the intolerant relation to offenses and violations of legality;

3) creation of system of prevention of offenses and reorientation of state bodies from fight against effects of crimes to prevention of offenses;

4) studying and identification of the reasons of making of the offenses and conditions promoting making of offenses, taking measures to their elimination;

5) social resettlement and social adaptation of the victims from the offenses inclined to making of offenses and also who made offenses of persons;

6) ensuring interaction of subjects of prevention of offenses on implementation of prevention of offenses.

Article 5. Principles of prevention of offenses

Prevention of offenses is performed on the basis of the following principles:

1) priority of human rights and freedoms, responsibility of subjects of prevention of offenses for providing human rights and freedoms;

2) legality;

3) ensuring systemacity and unity of approaches when implementing prevention of offenses;

4) openness, continuity, the sequence, timeliness, objectivity, sufficiency and scientific justification of the taken measures of prevention of offenses;

5) competence and complexity when implementing prevention of offenses;

6) cooperation and interaction between subjects of prevention of offenses.

Article 6. State policy in the field of prevention of offenses

State policy in the field of prevention of offenses is performed in the way:

1) developments of system of prevention of offenses through legal regulation, adoptions of concepts, programs and plans in the field of prevention of offenses, coordination of efforts of state bodies, local government bodies, non-profit organizations, legal entities and physical persons, civil society and citizens in the field of prevention of offenses;

2) developments of system of accounting, analysis and forecasting of offenses;

3) implementations of modern information systems and technologies in the field of prevention of offenses, ensuring public order and public safety;

4) enhancement of mechanisms of interaction of subjects of prevention of offenses with the population for the purpose of increase in trust to state bodies and local government bodies;

5) drawing attention of the public and citizens to prevention of offenses.

Article 7. Objects of prevention of offenses

1. Treat objects of general prevention of offenses:

1) the citizens of the Kyrgyz Republic, foreign citizens and stateless persons which are in the territory of the Kyrgyz Republic;

2) legal entities;

3) officials of public authorities and local government bodies.

2. Treat objects of special prevention of offenses:

1) persons from groups of social risk;

2) persons concerning whom security orders are issued;

3) the persons who committed crimes, and found by court guilty;

4) persons who made offenses.

3. Persons to whom as a result of crime physical, moral or material harm, and their close relatives is done treat objects of viktimologichesky prevention.

Chapter 2. Subjects of prevention of offenses and their power

Article 8. Powers of the Cabinet of Ministers of the Kyrgyz Republic on prevention of offenses

Within the powers Cabinet of Ministers of the Kyrgyz Republic:

1) is provided by carrying out single state policy in the field of prevention of offenses;

2) approves the concept of state policy on prevention of offenses;

Develops 3) and realizes in accordance with the established procedure the National plan of action for implementation of the concept of state policy for prevention of offenses within the means provided by the law of the Kyrgyz Republic on the republican budget for the corresponding year;

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