of September 15, 2006 No. 1220
About procedure public associations of control of activities of the bodies and organizations performing punishment and other measures of criminal liability
Based on paragraph two of article 6 of the Law of the Republic of Belarus of June 9, 2006 "About modification and amendments in Criminal, Criminal procedure and Criminal and executive codes of the Republic of Belarus concerning enhancement of procedure for execution of punishments and other measures of criminal liability" the Council of Ministers of the Republic of Belarus DECIDES: No. 122-Z
1. Approve Regulations on procedure by public associations of control of activities of the bodies and organizations performing punishment and other measures of criminal liability it (is applied).
2. To the Ministry of Internal Affairs, the Ministry of Justice, regional and to the Minsk Gorispolkom in three-months time to take measures for implementation of this resolution.
3. This resolution becomes effective since September 18, 2006.
First Deputy Prime Minister of the Republic of Belarus
V. Semashko
Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 15, 2006 No. 1220
1. This Provision determines procedure the international, republican and local public associations (further - public associations) control of activities of the bodies and organizations performing punishment and other measures of criminal liability * and also procedure for participation of public associations in work of such bodies and organizations.
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* The correctional facilities of open type, arestny houses, correctional facilities, pre-trial detention centers performing functions of correctional facilities concerning the convicts to imprisonment left in pre-trial detention centers for performance of works on economic servicing, criminal and executive inspections of territorial authorities of internal affairs.
2. Control of activities of the bodies and organizations performing punishment and other measures of criminal liability is performed by public associations for the purpose of providing provided by the Constitution of the Republic of Belarus, the conventional principles and rules of international law, international treaties of the Republic of Belarus, legal acts of the Republic of Belarus of the rights of persons concerning which these bodies and organizations perform punishments and other measures of criminal liability.
3. Public associations take part in correction of convicts, and also render assistance in work to the bodies and organizations performing punishment and other measures of criminal liability.
4. Control of public associations (further - public control) behind activities of the bodies and organizations performing punishment and other measures of criminal liability is performed by participation of representatives of public associations as a part of public monitoring commissions (further - the commissions). The right of implementation of public control over activities of the bodies and organizations performing punishment and other measures of criminal liability only members of the commissions have.
5. The system of the commissions is formed:
the republican public monitoring commission under the Ministry of Justice created of representatives of the international, republican public associations and performing the activities in all territory of the Republic of Belarus;
regional and Minsk city the public monitoring commissions under head departments of justice of regional executive committees and the Minsk Gorispolkom created of representatives of local public associations, organizational structures of the international and republican public associations and performing the activities in the territory of the corresponding administrative and territorial units of the Republic of Belarus.
6. The citizens of the Republic of Belarus who reached age of 25 years, being representatives of the public associations registered in accordance with the established procedure can be members of the commission, the authorized purpose or activity of which is protection of the rights of citizens, including assistance to protection of the rights of convicts to punishments and other measures of criminal liability, and other public associations.
The commissions are formed in structure from three to eleven members. Certificates according to the procedure, established by the Ministry of Justice are issued to members of the commission.
The candidate of the member of the commission is proposed by governing body of public association.
The public association which proposed the candidate of the member of the commission sends to the Ministry of Justice (head department of justice regional (The Minsk city) executive committee) the offer on approval of this candidate and represents the characteristic and the personal sheet of the alternate member of the commission on the form approved by this Ministry for approval.
The Ministry of Justice (head department of justice regional (The Minsk city) executive committee) in time, not exceeding thirty calendar days, considers the offer of public association and makes the decision on approval of candidacy of the member of the commission or on variation of the proposed candidacy.
7. Powers of the member of the commission stop relevant organ of justice in the presence of one of the following circumstances:
the introduction in legal force of the judgment about application to the member of the commission of administrative detention - for the term of departure of administrative detention;
application to the member of the commission suspected of crime execution as measure of restraint of detention - to the solution of question of attraction as the person accused;
involvement of the member of the commission as the person accused - before the termination of criminal case in the absence of socially dangerous act provided by the penal statute or behind absence in act of actus reus or to the introduction in legal force of the verdict of not guilty of court concerning the member of the commission;
recognition of the member of the commission is unknown the absent judgment which took legal effect.
In the cases provided by part one of this Item, person performing inquiry, the investigator, the prosecutor or court without delay send to the Ministry of Justice (head department of justice regional (The Minsk city) executive committee) information on the circumstances forming the basis for suspension of powers of the member of the commission.
Powers of the member of the commission relevant organ of justice stop on the following bases:
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