RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 15, 2006 No. 1218

About assistance to persons exempted from places of detention and from custody and payment of following of convicts to the place of serving sentence in the form of restriction of freedom

Based on part 3 of Article 193 of the Penitentiary code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for assistance to persons exempted from places of detention and from custody and also payment procedure of following of convicts to the place of serving sentence in the form of restriction of freedom it (is applied).

2. Determine that financing of expenses on assistance to persons exempted from places of detention and from custody and also payment of following of convicts to the place of serving sentence in the form of restriction of freedom is performed for the account and within the means provided in the republican budget for the next financial year on content of bodies and organizations of criminal executive system, and other sources according to the legislation.

3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of March 2, 2005 No. 230 "About approval of the Regulations on procedure for assistance to persons exempted from places of detention and to persons released from custody" (The national register of legal acts of the Republic of Belarus, 2005, No. 39, 5/15669).

4. This resolution becomes effective since September 18, 2006.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 15, 2006 No. 1218

Regulations on procedure for assistance to persons exempted from places of detention and from custody and also payment procedure of following of convicts to the place of serving sentence in the form of restriction of freedom

1. Are determined by this Provision procedure for assistance to persons exempted from places of detention and from custody (further – the exempted persons), and also procedure for providing with travel documents or money on their acquisition of convicts which custodial sanction is replaced with certain term with restriction of freedom, condemned to restriction of freedom with the direction in correctional facility of open type, transferred for serving sentence in the form of restriction of freedom without the direction to correctional facility of open type (further – freedoms condemned to restriction).

To the exempted persons the help appears correctional facilities, correctional facilities of open type, arestny houses and pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs (further – organizations of criminal executive system) for the account and within the funds allocated from the republican budget for financing of bodies and organizations of criminal executive system, and also other sources according to the legislation.

2. Organizations of criminal executive system provide the exempted persons with travel documents or money on their acquisition for journey to the residence railway or road transport within the Republic of Belarus, food for time necessary for journey to the residence, in case of absence at the exempted persons of own clothes, footwear and funds for their acquisition - clothes and footwear on season.

Freedoms condemned to restriction are provided only with travel documents or money on their acquisition for journey to the location of correctional facility of open type or to the residence.

3. Providing the exempted persons and convicts to restriction of freedom with travel documents for journey by railway transport is performed on travel by general cars of trains of interregional lines of economy class, money on acquisition of the specified travel documents are provided at the rate of fare in this category of trains.

At the request of the exempted person on condition of surcharge of difference by it in fare to it travel documents for travel by trains and cars of other categories can be acquired.

4. According to the procedure of exception it is allowed to acquire travel documents or to provide with money on their acquisition for journey of the exempted persons:

expectant mothers, women with children under three years in couchette cars of trains of interregional lines of economy class;

in other trains of the Belarusian railroad allowing to go without change in case of lack of trains of interregional lines of economy class between the points of departure and appointments;

road transport (except for taxi) in cases when the specified modes of transport are the single intermedium between the points of departure and appointments.

5. Food in number of the standard daily rate of food put by it according to the legislation or money in the amount of, equal to the cost of average daily regulation of food in the month preceding release are issued to the exempted persons for following to the residence. Only food on the standard daily rate established for the children who are in children's homes of system of the Ministry of Health are issued to the exempted female persons having children under three years on children.

6. In case of absence at the exempted persons of clothes and footwear on season or money on their acquisition behind them the clothes and footwear issued to them earlier on regulations of supply with ware allowance of the convicts serving sentence in correctional facilities or regulations of ware allowance for persons taken into custody remain.

7. The complete set of linen, clothes and footwear on season and according to their age on the regulations established by the legislation is issued to the exempted women having children under three years on children.

8. And based on the analysis of opportunities of receipt of the help by them from relatives, employment perspectives after release, availability of the residence, other circumstances according to their statement and according to the decision of the chief of organization of criminal executive system the one-time money allowance in the amount up to five basic sizes can be issued to the exempted persons taking into account their financial position.

9. Employees of financial division of organization of criminal executive system the corresponding marks in the certificate of release of issue to the exempted person of the travel document or money on its acquisition, food, one-time money allowance become.

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