RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of July 31, 2024 No. 442

About approval of the Regulations on order of interaction of state bodies, local government bodies with administrations of correctional facilities and bodies of probation concerning resocialization of the convicts serving sentence and exempted from places of detention and also clients of probation

1. Approve Regulations on order of interaction of state bodies, local government bodies with administrations of correctional facilities and bodies of probation concerning resocialization of the convicts serving sentence and exempted from places of detention and also clients of probation according to appendix.

2. To the Ministry of Health of the Kyrgyz Republic, Ministry of Education and Science of the Kyrgyz Republic, Ministry of Internal Affairs of the Kyrgyz Republic, Ministry of Labour, social security and migration of the Kyrgyz Republic, to the Ministry of digital development of the Kyrgyz Republic, Ministry of Culture, information, sport and youth policy of the Kyrgyz Republic, to the Ministry of Justice of the Kyrgyz Republic, plenipotentiaries of the President of the Kyrgyz Republic in areas, local public administrations and local government bodies:

1) to take the measures following from this resolution;

2) to bring the decisions into accord with this resolution.

3. To perform the expenses connected with implementation of this resolution within means of the ministries and administrative departments provided by the republican budget for the corresponding years and the sources of financing which are not forbidden by the legislation of the Kyrgyz Republic.

4. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Order of interaction of state bodies and local government bodies with administrations of correctional facilities in questions of rendering the public assistance to convicts" of November 19, 2018 No. 536;

2) Item 7 of the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of some decisions of the Cabinet of Ministers of the Kyrgyz Republic on subordinated divisions of the Ministry of Justice of the Kyrgyz Republic" of December 24, 2021 No. 350.

5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

6. This resolution becomes effective after seven days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of July 31, 2024 No. 442

Regulations on order of interaction of state bodies, local government bodies with administrations of correctional facilities and bodies of probation concerning resocialization of the convicts serving sentence and exempted from places of detention and also clients of probation

Chapter 1. General provisions

1. This Regulations on order of interaction of state bodies, local government bodies with administrations of correctional facilities and bodies of probation concerning resocialization of the convicts serving sentence and exempted from places of detention and also clients of probation (further - the Provision) are directed to creation of the mechanism of social maintenance and rehabilitation of the convicts serving sentence and exempted from places of detention and also clients of probation according to the criminal and executive legislation.

2. The provision is based on the following principles:

1) legality;

2) opennesses to interaction;

3) availability;

4) competence;

5) responsibility.

3. Interaction concerning social escort and rehabilitation of the convicts serving sentence and exempted from places of detention and also clients of probation (further - convicts and clients of probation) is performed between the following state bodies and local government bodies involved in accomplishment of tasks and goal achievement of resocialization of convicts:

1) authorized state body in the sphere of execution of punishments;

2) authorized state body in the sphere of probation;

3) authorized state body in education and sciences;

4) authorized state body in the sphere of work, social security and migration;

5) authorized state body in the sphere of registration of the population;

6) authorized state body in the sphere of culture, information, sport and youth policy;

7) authorized state body in health sector;

8) local public administrations;

9) local government bodies.

Chapter 2. Tasks and types of interaction

5. The main objectives of interaction are:

1) providing rights, freedoms and legitimate interests of convicts and clients of probation;

2) ensuring access of convicts and clients of probation to services of state bodies and local government bodies concerning social maintenance and rehabilitation;

3) coordination of implementation of social and rehabilitation programs for convicts and clients of probation;

4) correction of behavior, forming of right obedient conduct of life of convicts and clients of probation;

5) prevention of making by convicts and clients of probation of offenses;

6) ensuring interaction of state bodies, their territorial subdivisions and local government bodies concerning social escort and rehabilitation of convicts and clients of probation;

7) enhancement of system of measures for social maintenance and rehabilitation of convicts and clients of probation.

6. Interaction types:

1) collection, generalization and data analysis about the provided social services by the convict, efficiency evaluation of system of social maintenance and rehabilitation of convicts and clients of probation;

2) organization of social legal assistance by the convict and to clients of probation;

3) timely informing on the available social services which can be provided to convicts and clients of probation;

4) forming of the statistical reporting.

The form of the statistical reporting is determined by decisions of authorized bodies in the sphere of penitentiary and probatsionny activities.

Chapter 3. Training of convicts for release from correctional facilities

7. Consulting and legal and qualified legal aid by the convict is performed according to the Order of interaction of subjects of system of the legal aid guaranteed by the state approved by the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About approval of the Order of interaction of subjects of system of the legal aid guaranteed by the state and the List of the documents confirming the right of person to receipt of qualified legal aid" of May 4, 2023 to No. 241.

8. Preparation for release of the convicts serving sentence in correctional facilities begins in one year prior to the termination of their term of deprivation of freedom.

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