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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 14, 2006 No. 432

About approval of the Regulations on procedure for service by the ordinary and commanding structure in system of execution of criminal penalty

(as amended on 29-08-2015)

According to article 37 of the Law of the Republic of Tajikistan "About system of execution of criminal penalty" the Government of the Republic of Tajikistan decides:

Approve the enclosed Regulations on procedure for service by the ordinary and commanding structure in system of execution of criminal penalty.

Prime Minister of the Republic of Tajikistan

E.Rakhmonov

Approved by the Order of the Government of the Republic of Tajikistan of September 14, 2006 No. 432

Regulations on procedure for service by the ordinary and commanding structure in system of execution of criminal penalty

The regulations on procedure for service by the ordinary and commanding structure in system of execution of criminal penalty (further - the Provision) regulate procedure and conditions of service in system of execution of criminal penalty of the Republic of Tajikistan, determine legal status of employees of this system, accomplishment of the obligations by them, guarantee provision of the rights and freedoms by it, are directed to increase in discipline and responsibility for accomplishment of the tasks assigned to them by the Law of the Republic of Tajikistan "About system of execution of criminal penalty", Presidential decrees of the Republic of Tajikistan, the orders of the Government of the Republic of Tajikistan the international regulatory legal acts recognized by the Republic of Tajikistan.

I. General provisions

1. Employees of system of execution of criminal penalty are the citizens of the Republic of Tajikistan (further citizens) consisting on positions of the private and the commanding structure in bodies, divisions, organizations, structures and the companies of system of execution of criminal penalty which in the procedure established by this Provision gives the special ranks, or enlisted in personnel of Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan.

In system of execution of criminal penalty citizens of the Republic of Tajikistan are employed at the call of and on voluntary basis, is not younger than the 20 40 years which underwent active duty irrespective of nationality, social position, the relation to religion which on personal and business qualities, moral foundations, education, physical training and the state of health are capable to carry out the tasks assigned to system of execution of criminal penalty are not more senior.

In system of execution of criminal penalty citizens who have are not employed or had criminal record (except for those which are justified or rehabilitated).

The persons liable for call-up employed in system of execution of criminal penalty, including listeners and cadets graduated from special educational institutions, preparing personnel for system of execution of criminal penalty, are struck off the military register and registered in Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan.

Employees of system of execution of criminal penalty, and also persons having special ranks with addition of the words "in resignation" can be deprived of special rank according to the court verdict for crime execution.

During acceptance on service the worker of system of execution of criminal penalty takes the oath which text is established by the Law of the Republic of Tajikistan "About system of execution of criminal penalty".

Employees of system of execution of criminal penalty can be sent to public authorities, and also the ministries and departments and the companies subordinated to them, organizations and the organizations (on the basis of the order of the President of the Republic of Tajikistan) for accomplishment of special tasks with transition to the order of personnel of Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan. The above-stated persons can have all rights, privileges and social guarantees provided for employees of system of execution of criminal penalty.

2. Official IDs which sample is established by the Minister of Justice of the Republic of Tajikistan are issued to employees of system of execution of criminal penalty in confirmation of their powers.

3. Special counters with the personal number approved with the Ministry of Defence of the Republic of Tajikistan are issued to employees of system of execution of criminal penalty.

4. For employees of system of execution of criminal penalty the single dress code and signs of distinction is established. The procedure for providing employees of system of execution of criminal penalties with uniform and its samples are determined by the Government of the Republic of Tajikistan.

5. To the employees who are in the service in system of execution of criminal penalty the following special ranks are given.

Ordinary structure

- ordinary, ordinary internal service.

The younger commanding structure

- lance sergeant, lance sergeant of internal service;

- sergeant, sergeant of internal service;

- staff sergeant, staff sergeant of internal service;

- foreman, foreman of internal service;

- ensign, ensign of internal service;

- senior warrant officer, senior warrant officer of internal service.

The average commanding structure

- second lieutenant, second lieutenant of internal service;

- lieutenant, lieutenant of internal service;

- senior lieutenant, senior lieutenant of internal service;

- captain, captain of internal service.

The senior commanding structure

- major, major of internal service;

- lieutenant colonel, lieutenant colonel of internal service;

- colonel, colonel of internal service.

The highest commanding structure

- the general - the major, the general - the major of internal service;

- the general - the lieutenant, the general - the lieutenant of internal service.

7. On employees of system of execution of criminal penalty action of the Labor code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "Expatiates on public service", the Law of the Republic of Tajikistan "On system of execution of criminal penalty", with the features provided by this Provision.

8. Service in system of execution of criminal penalty is reflected in the personal case of the employee which is processed by personnel service of relevant organ of system of execution of criminal penalty.

In case of transfer of the employee to other law enforcement agencies and law-enforcement departments the personal record goes to the new duty station. Maintaining several personal records on one employee of system of execution of criminal penalty is forbidden.

The procedure for maintaining and storage of personal records of employees of system of execution of criminal penalty is determined by the deputy minister - the chief of Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan.

9. Substitution of vacant positions in system of execution of criminal penalty is performed by the conclusion of individual contracts, and also on competitive basis.

Positions of the private and the commanding structure of system of execution of criminal penalty are replaced according to this Provision by the conclusion of individual contracts, on tender, and also by means of position assignment.

10. The contract on service in system of execution of criminal penalty can be signed between the citizen arriving on service in these bodies and Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan on behalf of the chief of the relevant organization given appropriate authority.

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