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The document ceased to be valid since December 13, 2015 according to Item 2 of the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of October 20, 2015 No. 313.

RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of August 8, 2007 No. 194

About approval of Regulations of special facilities of the law-enforcement bodies performing administrative punishment in the form of administrative detention

(as amended on 07-04-2015)

According to part 2 of article 18.7 of the Procedural and executive code of the Republic of Belarus about administrative offenses the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations of special facilities of the law-enforcement bodies performing administrative punishment in the form of administrative detention.

2. This resolution becomes effective after its official publication.

Minister militia lieutenant general

V. V. Naumov

It is approved

Acting as Attorney-General of the Republic of Belarus counselor of state
justices of 3rd class

August 8, 2007

 

S.V.Kosukh

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of August 8, 2007 No. 194

Regulations of special facilities of the law-enforcement bodies performing administrative punishment in the form of administrative detention

Chapter 1. General provisions

1. Regulations of special facilities of the law-enforcement bodies performing administrative punishment in the form of administrative detention (further - Rules), establish procedure for activities of special facilities of law-enforcement bodies (further special facilities) on providing detention regime of persons in them subjected to administrative detention (further - administratively arrested), and also persons to whom administrative detention is applied (further - administratively detained).

These rules extend the action also to persons obliged to refund expenses on content of the children subjected to administrative detention for the evasion from employment according to the court decree about employment which entailed non-execution or incomplete execution of monthly obligations on expense recovery on content of children (further - administratively arrested obliged persons).

The special facility intended for content of persons specified in parts one and the second this Item is the center of isolation of offenders of law-enforcement body. In the absence of possibility of content in the center of isolation of offenders of law-enforcement body administratively arrested and administratively detainees can contain in temporary detention center of law-enforcement body in which for their content separate cameras are allocated.

2. Detention regime administratively arrested and administratively detained (further - the mode) represents established by the Procedural and executive code of the Republic of Belarus about administrative offenses (further - the Code), these rules and other regulatory legal acts of the Republic of Belarus procedure and conditions of the room and the stay which is administratively arrested and administratively detained in special facilities, ensuring their protection and isolation, and also constant surveillance over them. The mode is set for the purpose of observance of the rights which are administratively arrested and administratively detained of ensuring execution by them of the obligations, and also their safety, the staff of special facilities and other persons.

Providing the mode is assigned to chiefs of special facilities.

3. These rules are obligatory for the staff of the special facilities which are administratively detained and administratively arrested, and also other persons who in connection with execution of the obligations visit special facilities. Violation of these rules attracts the responsibility established by the legislation of the Republic of Belarus.

Chapter 2. Acceptance administratively arrested and administratively detained

4. Acceptance of administratively arrested and administratively detained is made round the clock on duty on special facility (further - the person on duty) which checks availability of the documents giving the grounds for their content conducts survey of specified persons and verifies their answers with the data specified in documents.

5. The basis for content in special facility administratively arrested is the decree on imposing of administrative punishment in the form of administrative detention issued by the judge or the authorized officer of law-enforcement body, administratively detained - the protocol of administrative detention of physical person and the protocol on the administrative offense constituted according to the procedure, established by the Code.

The law-enforcement body which issued the decree on imposing of administrative punishment in the form of administrative detention concerning administratively arrested obliged person, for the solution of question of its employment in case of the placement of the specified person to special facility represents:

the identity document of administratively arrested obliged person;

information on the amount of the funds for content of the child which are subject to collection monthly, number of the current account on accounting of budgetary funds, and also on subsequent changes of the called amount;

the copy of the medical certificate of the medical and consulting commission issued by the state organization of health care where works contraindicated for health reasons and adverse production factors are determined (if administratively arrested obliged person had medical examination in the procedure established by the legislation).

6. The documents which are the basis for content in special facility shall be certified by signatures of the corresponding officials, and the resolution on imposing of administrative punishment in the form of administrative detention - is under seal with the image of the State Emblem of the Republic of Belarus.

7. In special facilities persons concerning whom the documents which are the basis for content are drawn up with violations of requirements of the Code and these rules, and also being in alcohol intoxication or in the condition caused by consumption of drugs, the psychotropic, toxic or other stupefying substances are not accepted.

8. The procedure for medical examination administratively arrested and the administratively detainees brought to special facilities is performed according to Chapter 13 of these rules. In special facilities persons who according to the conclusion of the health worker of the state organization of health care (including the health worker of special facility) need urgent hospitalization are not accepted. If necessary pre-medical medical care is provided to them, and also measures for delivery in the state organization of health care are taken.

On premises of the special facility which is administratively detained on hospitalization administration informs the body conducting administrative process, and administratively the arrested - the judge who issued the decree on imposing of administrative punishment in the form of administrative detention.

The administration of special facility informs the authorized officer of law-enforcement body which issued the decree on imposing of administrative punishment in the form of administrative detention, body for work, employment and social protection for the place of employment of administratively arrested obliged person, and also the organization in which administratively arrested obliged person during the term of serving of administrative detention is employed on the placement on hospitalization of administratively arrested obliged person.

9. Administratively arrested and the administratively detainees accepted in special facilities shall be acquainted with the rights and obligations, detention regime, procedure for submission of offers, statements and claims.

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