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LAW OF UKRAINE

of March 17, 2011 No. 3160-VI

About social adaptation of the persons who are serving or served sentence in the form of restriction of freedom or imprisonment for certain term

(as amended on 19-12-2017)

This Law determines the general principles of social adaptation of the persons who are serving or served sentence in the form of restriction of freedom or imprisonment for certain term, the principles of participation in social adaptation of these persons of the companies, organizations and the organizations, associations of citizens, and also physical persons, provides legal regulation of the relations directed to realization by such persons of the rights and freedoms provided by the Constitution and the laws of Ukraine.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the terms below are used in the following value:

1) the exempted persons are persons who served sentence in the form of restriction of freedom or imprisonment for certain term, and also exempted from the subsequent serving of the specified types of the punishments on the bases prescribed by the law;

2) social adaptation - assimilation process by the exempted persons of social experience for the purpose of their return to the independent commonly accepted social and normative life in society;

3) social patronage - the help to the exempted persons by implementation of complex of legal, economic, organizational, psychological, social and other actions, in particular provision of services, directed to their social adaptation;

4) specialized agencies for the exempted persons - organizations which activities are sent on assistance to the exempted persons, their support and social adaptation;

5) subjects of social patronage - central both local executive bodies and local government bodies, the companies, organizations and the organizations, associations of citizens, and also physical persons, е performing social patronage.

Article 2. Coverage of this Law

1. Operation of this Law extends to persons who serve sentence in the form of restriction of freedom or imprisonment for certain term, and for the exempted persons (citizens of Ukraine, foreigners and stateless persons who on legal causes constantly live in the territory of Ukraine).

2. Social patronage is performed concerning the exempted persons who addressed subjects of social patronage within six months after release from organizations of execution of punishments.

Article 3. The legislation of Ukraine on social adaptation of the persons who are serving or served sentence in the form of restriction of freedom or imprisonment for certain term

1. The legislation of Ukraine on social adaptation of the persons who are serving or served sentence in the form of restriction of freedom or imprisonment for certain term consists of this Law, other legal acts of Ukraine, international treaties of Ukraine, and regulatory legal acts adopted on their accomplishment.

Article 4. Basic principles of implementation of social patronage

1. Social patronage of the exempted persons is based on the following principles:

legality;

democratism;

equalities of citizens;

targeting;

individual approach;

availability and openness;

voluntariness of the choice or refusal of support;

humanities;

complexity;

social justice;

confidentiality.

Article 5. Sales warranties of the rights of the exempted persons

1. The rights of the exempted persons determined by this Law are implemented in full and cannot be limited, except the cases provided by the law.

2. Decisions, actions or divergence of subjects of social patronage, can be appealed according to the procedure, provided by the law.

Section II. Preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term, and social patronage of the exempted persons

Article 6. Preparation for release of persons who serve sentence in the form of restriction of freedom or imprisonment for certain term

1. For the purpose of social adaptation before release from organization of execution of punishments by administration of the specified organization measures for preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term together with subjects of social patronage which give to these persons help of rather labor and household arrangement at the place of residence elected by them are taken.

2. The order of interaction of organizations of execution of punishments and subjects of social patronage during preparation for release of persons serving sentence in the form of restriction of freedom or imprisonment for certain term affirms the order of the central executive bodies providing forming of the state legal policy, state policy in spheres of employment relationships, social protection of the population, family and children, science and education, youth and sport, health care and the Ministry of Internal Affairs of Ukraine.

Article 7. The organization of formation of persons who serve sentence in the form of restriction of freedom or imprisonment for certain term

1. The central executive body realizing state policy in the field of accomplishment of criminal penalties together with the central executive body realizing state policy in the field of science and education, youth and sport provide provision to persons serving sentence in the form of restriction of freedom or imprisonment for certain term taking into account requirements of national economy of opportunity for education through system of educational institutions, including by remote form of education, for the purpose of their subsequent social adaptation.

Article 8. Organization of activities of subjects of social patronage

1. Central and local executive bodies, local government bodies, perform social patronage of the exempted persons, in particular, form the supervisory committees, popechitelny councils under special educational facilities and exercise control of activities of subjects of social patronage which it subordinates.

2. General coordination of social patronage of the exempted persons aged up to 35 years inclusive is performed by the central executive body providing forming of state policy in the field of science and education, youth and sport, and after 35 years - the central executive body providing forming of state policy in spheres of employment relationships, social protection of the population.

3. The order of interaction of subjects of social patronage affirms the order of the central executive bodies providing forming of the state legal policy, state policy in spheres of employment relationships, social protection of the population, family and children, science and education, youth and sport, health care, execution of criminal penalties and the Ministry of Internal Affairs of Ukraine.

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