RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of June 13, 2008 No. 138

About approval of the Regulations on creation of the centers of social adaptation of persons exempted from serving sentence in penal institutions

For the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic of July 3, 2007 No. 606 "About application of the Law of the Azerbaijan Republic "About social adaptation of persons exempted from serving sentence in penal institutions" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "The regulations on creation of the centers of social adaptation of persons exempted from serving sentence in penal institutions" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of June 13, 2008 No. 138

Regulations on creation of the centers of social adaptation of persons exempted from serving sentence in penal institutions

I. General provisions

1.1. This Provision is prepared in connection with execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic of July 3, 2007 No. 606 "About application of the Law of the Azerbaijan Republic "About social adaptation of persons exempted from serving sentence in penal institutions" and establishes the legal basis of activities of the centers of social adaptation of persons exempted from serving sentence in penal institutions.

1.2. The centers of social adaptation of persons exempted from serving sentence in penal institutions are created and are effective under the Agency of social services in subordination of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic.

1.3. The centers of social adaptation are guided in the activities by the Constitution of the Azerbaijan Republic, the laws of the Azerbaijan Republic, other corresponding legal acts, and also this Provision.

1.4. The center of social adaptation is non-commercial structure.

1.5. The center of social adaptation is the legal entity having separate balance, state accounts, seal with the image of the State Emblem, own name in the Azerbaijani and English languages, stamp, forms and other attributes.

1.6. The centers of social adaptation shall be placed in buildings, to the meeting sanitary and hygienic, fire-proof requirements, safe engineering and having all municipal conditions.

1.7. Maintenance costs of the centers of social adaptation are financed by the means provided in the government budget as a part of the expenses approved on appropriate section of functional classification for the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic.

1.8. Financing of activities of the center of social adaptation can be performed also at the expense of municipal means, donations of physical persons and legal entities, and also other means which are not forbidden by the legislation.

II. Rights and tasks of the center of social adaptation

2.1. The rights of the center of social adaptation are:

2.1.1. take in limits of the powers part in implementation of the tasks following from the regulatory legal acts concerning social protection of persons exempted from serving sentence in penal institutions, and actions for enhancement of system of social protection of persons exempted from serving sentence in penal institutions;

2.1.2. perform promotion in media for the purpose of attraction of financial resources on the basis of voluntariness and distribution of the arrived means to destination;

2.1.3. according to the tasks to participate in seminars and other actions in the country and abroad;

2.1.4. improve the relations with physical persons and legal entities corresponding to the legislation.

2.2. The main objective of the center of social adaptation consists in familiarizing of persons exempted from serving sentence in penal institutions in the Azerbaijan Republic with social environment, protection of their rights, freedoms and legitimate interests, rendering the help to them and providing within the powers of other works connected with social adaptation of persons exempted from serving sentence in penal institutions.

2.3. The center of social adaptation when implementing of the tasks assigned to it cooperates with state bodies and non-governmental organizations and provides the corresponding information on the purpose of the activities.

2.4. The center of social adaptation carries out the following tasks:

2.4.1. takes part in the Azerbaijan Republic which is carried out according to article 7 of the Law "About social adaptation of persons exempted from serving sentence in penal institutions" registration of the persons which are subject to release from serving sentence and needing social protection;

2.4.2. prepares the guidelines manuals concerning social, medical and professional adaptation of persons exempted from serving sentence;

2.4.3. determines the potential of social adaptation of persons exempted from serving sentence;

2.4.4. gives help in providing persons exempted from serving sentence, identity documents, and other documents;

2.4.5. will organize the direction of persons exempted from serving sentence in treatment and prevention facilities;

2.4.6. gives help in assimilation by persons exempted from serving sentence, professions by means of professional education and additional education, and also short-term rates on professional training;

2.4.7. performs the organization of work on professional training of persons exempted from serving sentence, the relevant activities in the sphere of providing them by work, the medical and public assistance;

2.4.8. gives help in placement in preschool educational institutions or boarding schools of not reached 14 years of the children who are on care of the women exempted from serving sentence;

2.4.9. at least once a day provides persons exempted from serving sentence, free hot food;

2.4.10. will organize rendering to persons exempted from serving sentence, the legal, psychological and information assistance;

2.4.11. in the absence of living space at the minors exempted from serving sentence who lost parents and deprived of parent guardianship gives help in the direction and extraordinary provision of premises under the agreement of their social hiring in boarding schools.

III. The rights and obligations of persons exempted from serving sentence in penal institutions

3.1. Social adaptation of persons exempted from serving sentence in penal institutions is carried out from their consent.

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