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LAW OF THE AZERBAIJAN REPUBLIC

of May 31, 2007 No. 353-IIIG

About social adaptation of persons exempted from punishment in penal institutions

(as amended on 04-05-2021)

This Law establishes organization-legal bases of implementation in the cases established by the legislation and procedure for measures in the field of social adaptation in the company of persons exempted from serving sentence in penal institutions and governs the relations arising in this sphere.

Article 1. Basic concepts

1.0. The basic concepts used in this Law express the following values:

1.0.1. penal institution - the organization of serving sentence performing on the stipulated by the legislation bases of the Azerbaijan Republic execution of custodial sanctions for certain term and lifelong imprisonment;

1.0.2. persons exempted from serving sentence in penal institutions - persons exempted on the bases established by the legislation from serving sentence in the form of imprisonment for certain term and lifelong imprisonment;

1.0.3. social adaptation of persons exempted from serving sentence in penal institutions - system of the legal, economic, organizational and social and psychological measures performed for the purpose of adaptation of persons exempted from serving sentence in penal institutions to social environment, protection of their rights, freedoms and legitimate interests, prevention of new crimes which can be made by these persons, and capable to influence them criminogenic factors.

Article 2. The legislation of the Azerbaijan Republic on social adaptation of persons exempted from serving sentence in penal institutions

The legislation of the Azerbaijan Republic on social adaptation of persons exempted from serving sentence in penal institutions (further - persons exempted from serving sentence), consists of the Constitution of the Azerbaijan Republic, this Law, the Code of the Azerbaijan Republic about execution of punishments, other regulatory legal acts and international treaties which participant is the Azerbaijan Republic.

Article 3. Scope of the Law

3.1. This Law concerns to the citizens of the Azerbaijan Republic who are constantly living in the Azerbaijan Republic to persons without citizenship exempted from serving sentence and needing social adaptation and also to the citizens of the Azerbaijan Republic who returned to three-months time to the Azerbaijan Republic for permanent residence after release from serving sentence in penal institutions of other states.

3.2. The measures provided by this Law connected with social adaptation of persons exempted from serving sentence can be limited only in the procedure established by the legislation concerning persons recognized incapacitated or incapacitated persons.

Article 4. The basic principles of social adaptation of persons exempted from serving sentence

Social adaptation of persons exempted from serving sentence relies on the principles of legality, humanity, social justice, targeting and voluntariness.

Article 5. The bodies and organizations performing measures for social adaptation

5.1. Measures for social adaptation of persons exempted from serving sentence perform relevant organs of the executive authority within the powers.

5.2. The commissions on cases and protection of the rights of minors, the public educational and medical institutions, bodies of employment service, and also other organizations and the organizations shall fulfill the requirements of this Law and other legal acts connected with social adaptation of persons exempted from serving sentence.

5.3. Municipalities, physical persons, legal entities, irrespective of pattern of ownership and legal form, including non-governmental organizations, can participate in implementation of measures for social adaptation on the basis of voluntariness.

5.4. Activities in the field of social adaptation of persons exempted from serving sentence are coordinated by relevant organ of the executive authority.

Article 6. The measures performed for the purpose of social adaptation of persons exempted from serving sentence

6.1. For the purpose of social adaptation of persons exempted from serving sentence the following measures are performed:

6.1.1. registration of persons exempted from serving sentence, carrying out with them preparatory work;

6.1.2. creation of the centers of social adaptation;

6.1.3. providing persons which do not have permanent living space, temporary residence in the terms established by this Law;

6.1.4. implementation of adequate measures in the field of the organization of professional training of persons exempted from serving sentence, providing them by work, the medical and public assistance;

6.1.5. creation of conditions for education;

6.1.6. providing with identity documents, and other necessary documents;

6.1.7. issue to the persons exempted from serving sentence and needing social adaptation, one-time money allowance;

6.1.8. rendering to persons exempted from serving sentence, the legal, psychological and information assistance.

6.2. Implementation of the measures for social adaptation provided by this Law does not exclude the measures provided by the Code of the Azerbaijan Republic about execution of punishments and other legal acts for assistance to persons exempted from serving sentence.

6.3. Electronic services in connection with purpose of one-time money allowance, the stipulated in Article 6.1.7 these Laws, are performed by means of centralized electronic information system of relevant organ of the executive authority.

Article 7. Registration of persons needing social adaptation and carrying out with them preparatory work

7.1. The relevant organ of the executive authority together with the administration of penal institutions at least once a month identifies persons needing social adaptation who will be exempted from serving sentence, and registers these persons in case of their consent. Their rights and freedoms, content and procedure of measures of social adaptation are explained to registered persons.

7.2. Persons which are not registered in penal institutions for the purpose of social adaptation and also the citizens of the Azerbaijan Republic exempted from serving from punishment in other states and who returned to the Azerbaijan Republic for permanent residence within three months are registered relevant organ of the executive authority based on their statements.

Article 8. Term of social adaptation

8.1. The term of social adaptation constitutes one year. In exceptional cases based on the decision of relevant organ of the executive authority this term can be prolonged for one year.

8.2. The term of social adaptation is estimated from the date of registration of person exempted from serving sentence.

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