It is registered
Ministry of Justice
Republic of Tajikistan
On July 3, 2023 No. 22
of June 22, 2023 No. 1970
About administrative supervision concerning persons exempted from correctional facilities
Accepted by the Resolution MH MOPT of June 7, 2023, No. 1020
Approved by the Resolution MM MORT of June 16, 2023, No. 387
This Law determines the legal basis of establishment and implementation of administrative supervision concerning the person under surveillance of person.
In this Law the following basic concepts are used:
1) the place of the actual stay - the chosen inhabited place, person exempted from correctional facility;
2) correctional facility - the body of system of execution of criminal penalty providing criminal penalty in the form of imprisonment;
3) administrative supervision - the measures provided by this Law established for observance by person who is under supervision, administrative restrictions;
4) subsupervising person - person concerning whom administrative supervision according to the procedure is exercised, established by this Law.
The legislation of the Republic of Tajikistan on administrative supervision concerning persons exempted from correctional facilities is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
The purpose of this Law is regulation of the relations connected with administrative supervision of persons which are under supervision and preventions of making by it and other offenses.
1. Administrative supervision is established by court in the presence of the bases provided by part 2 of this Article concerning the full age person having unspent conviction for making of the following criminal actions:
1) heavy and especially serious crimes;
2) crimes in case of crime recurrence;
3) two and more intentional crimes;
4) intentional crimes against sexual freedom and sexual integrity concerning minors.
2. Concerning person specified regarding 1 this Article, administrative supervision is established if:
1) person during serving sentence was recognized places of detention the malicious violator of established procedure of correctional facility;
2) person who made within year two and more administrative offenses connected with procedure for management, public order and morality, health protection and sanitary and epidemiologic safety of the population concerning which there is decision of authorized state body having legal force.
1. Administrative supervision is established by the judge's ruling based on the petition of law-enforcement body and in the consent of the corresponding prosecutor. The certificate of release and other relevant documents are enclosed to the application.
2. The petition of law-enforcement bodies for establishment of administrative supervision is considered within five working days. The court order takes legal effect from the date of its signing. The representative of law-enforcement bodies and person concerning whom administrative supervision is established participate in court. On date and time of consideration of the petition of the party are notified in accordance with the established procedure. Absence in court of person concerning which the petition for establishment of administrative supervision is brought is not obstacle for consideration of the petition.
3. The judge can on the basis of the sufficient facts reject the petition for establishment of administrative supervision. In case of insufficiency of materials of the petition the judge returns in law-enforcement bodies the petition for remedial action and within three working days after elimination again provides to court.
4. The judge's ruling on establishment of administrative supervision immediately goes to law-enforcement bodies.
5. Administrative supervision of the person under surveillance by person is exercised by law-enforcement bodies in the place of its actual stay.
6. Person, being under supervision, can appeal the judge's ruling in superior court. The superior court within five days considers the claim and accepts the resolution on satisfaction or on refusal in satisfaction about what subsupervising person is notified.
1. Administrative supervision is established by court for a period of six months up to three years within criminal record term.
2. Calculation of term of administrative supervision in case of finding of the person under surveillance of person in search and its recognitions is unknown absent stops the court order.
3. After elimination of the circumstances provided this part, which are the basis for suspension of term of administrative supervision, the term of administrative supervision is resumed court. The term of administrative supervision cannot be resumed if criminal record term for the person under surveillance of person expired.
1. The accounting treatment for persons under surveillance of persons and implementation of administrative supervision affirms the Ministry of Internal Affairs of the Republic of Tajikistan.
2. Accounting of the person under surveillance of person and administrative supervision is exercised by law-enforcement bodies of the Republic of Tajikistan.
1. The judge's ruling based on the motivated offer of law-enforcement body and the consent of the corresponding prosecutor, the term of administrative supervision within the term of criminal record is prolonged concerning the person under surveillance of person which broke procedure for administrative supervision or restriction, the stipulated in Clause 9 these Laws.
2. In the presence of bases of the set administrative restrictions connected with correction of the person under surveillance of person and in case of full compliance by it, the term of administrative supervision can be reduced by court based on the reasonable offer of law-enforcement bodies with the consent of the corresponding prosecutor.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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