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LAW OF THE REPUBLIC OF UZBEKISTAN

of August 7, 2024 No. ZRU-938

About probation

Accepted by Legislative house on May 23, 2023

Approved by the Senate on October 27, 2023

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the sphere of implementation of probation.

Article 2. Legislation on probation

The legislation on probation consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about probation then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

probation - package of measures, the punishments aimed at providing execution in the form of deprivation of certain right, obligatory social jobs, corrective works, restrictions of freedom, rendering social and legal and educational impact for convicts, and also the prevention and suppression of offenses, identification, elimination of the reasons of making of the offenses and conditions promoting them;

information system of probation - organizationally the ordered set of information resources, information technologies and means of communication allowing to perform collection, storage, search, processing and use of information in the sphere of implementation of probation between the interested state bodies;

probation supervision - the activities directed to control of behavior of persons condemned to punishment in the form of deprivation of certain right, obligatory social jobs, corrective works, the restrictions of freedom which are conditionally condemned persons and persons which are conditionally ahead of schedule exempted from serving sentence, forming at them law-abiding behavior and respect for rules of conduct in society, ensuring compliance with the prohibitions (restrictions) and obligations established by court, and also their social resettlement;

person which is under probation supervision - the person condemned to punishment in the form of deprivation of certain right, obligatory social jobs, corrective works or restriction of freedom, conditionally condemned, conditionally ahead of schedule exempted from serving sentence and delivered on probation accounting;

electronic means of tracking (electronic bracelet) - the electronic device intended for implementation of remote control of person condemned to punishment in the form of restriction of freedom which is put on hand or leg.

Article 4. Basic principles of this Law

The basic principles of this Law are:

legality;

humanity;

respect of the rights, freedoms and legitimate interests of citizens;

differentiation and individualization;

publicity.

Article 5. Principle of legality

When implementing probation of supervision strict observance and execution of requirements of the Constitution of the Republic of Uzbekistan, this Law and other acts of the legislation is obligatory.

Article 6. Principle of humanity

Application of tortures and others the cruel, brutal or degrading honor and advantage of types of the address and punishment is not allowed to persons which are under probation supervision.

Application of authority punishment or measures of legal impact to persons which are under probation supervision shall not promote causing sufferings or humiliation of honor and advantage of the person.

Article 7. Principle of respect of the rights, freedoms and legitimate interests of citizens

Probation supervision is exercised on the basis of observance of the rights, freedoms and legitimate interests of citizens, and also respect of these rights, freedoms and legitimate interests.

Establishment of prohibitions (restrictions) and obligations concerning persons which are under probation supervision cannot limit the rights, freedoms and legitimate interests of other persons, to form the basis of establishment of prohibitions (restrictions) on them and obligations.

Article 8. Principle of differentiation and individualization

Prohibitions (restrictions) and obligations established concerning persons which are under probation supervision are differentiated taking into account age, sex, the state of health, behavior, participation in programs of social adaptation, degree and nature of public danger of the crimes committed by them, availability of the facts of attraction them to responsibility for earlier committed crimes, and also compensations of the caused material damage and compensation of moral harm.

Measures of social adaptation are applied to persons which are under probation supervision individually based on results of social and psychological assessment of their behavior.

Article 9. Principle of publicity

Information on activities in the sphere of implementation of probation is published in mass media, on the world information Internet, including on the official website of the Ministry of Internal Affairs of the Republic of Uzbekistan, except for information which disclosure is limited to the law.

Chapter 2. Regulation in the sphere of implementation of probation

Article 10. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the sphere of implementation of probation

Cabinet of Ministers of the Republic of Uzbekistan:

provides realization of single state policy in the sphere of implementation of probation;

provides development, approval and implementation of state programs in the sphere of implementation of probation;

within the powers develops and adopts regulatory legal acts in the sphere of implementation of probation.

The Cabinet of Ministers of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 11. Powers of executive bodies on places in the sphere of implementation of probation

Executive bodies on places:

provide implementation of state programs in the sphere of implementation of probation;

render assistance in social adaptation and employment of persons which are under probation supervision;

render assistance in involvement of institutes of civil society to activities for implementation of educational impact on persons who are under probation supervision and control of their behavior;

provide provision of one-time financial support to the persons exempted from organizations on execution of punishments and delivered on probation accounting;

quarterly represent to departments (groups) of probation of services of public safety of managements (departments) of internal affairs of areas and cities (further - district (city) divisions of probation) for review the list of places (objects) in which persons which are under probation supervision can serve sentence in the form of obligatory social jobs, with indication of types and the work content;

provide creation of necessary conditions for serving sentence in the form of obligatory social jobs by persons who are under probation supervision;

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