ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 22, 2011 No. 3361/5

About approval of the Instruction about procedure for provision by the convict of short-term departures out of limits of organizations of execution of punishments

According to Articles 59, 67 and 111 Penitentiary codes of Ukraine and for the purpose of legal settlement of procedure for provision by the convict of short-term departures out of limits of organizations of execution of punishments ORDER:

1. Approve the Instruction about procedure for provision condemned short-term departures out of limits of organizations of execution of punishments which is applied.

2. To provide to chiefs of territorial authorities of the Public penitentiary service of Ukraine studying of requirements of this Instruction by personnel of subordinate bodies and organizations of execution of punishments.

3. To impose control over the implementation of this order on the First Deputy Chairman of the Public penitentiary service of Ukraine the major general of internal service Sidorenko S. M. and chiefs of territorial authorities of the Public penitentiary service of Ukraine.

4. To department of interaction with authorities of the Ministry of Justice of Ukraine (Zerkal O. V.) to submit this order on state registration according to the Presidential decree of Ukraine of 03.10.92 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of November 22, 2011 No. 3361/5

The instruction about procedure for provision by the convict of short-term departures out of limits of organizations of execution of punishments

1. This Instruction is developed according to Articles 59, 67 and 111 Penitentiary codes of Ukraine and regulates procedure for provision by the convict of short-term departures out of limits of corrective labor colonies of the minimum level of safety, sites of social resettlement of corrective labor colonies of the average level of safety, educational colonies and correction centers.

2. Short-term departures out of limits of colony in the territory of Ukraine for term are permited no more days the convicts containing in corrective labor colonies of the minimum level of safety with the facilitated conditions of keeping, sites of social resettlement of corrective labor colonies of the minimum level of safety with general terms of content and sites of social resettlement of corrective labor colonies of the average level of safety and educational colonies, without including time necessary for journey there and back (no more than three days), in connection with such exceptional personal circumstances:

death or serious illness of the close relative, life-threatening patient;

the natural disaster which entailed significant material damage to the convict or his family;

receipt of medical care if such help cannot be given by organization of execution of punishments, in the presence of the corresponding conclusion of the doctor.

3. Condemned to restriction of will short-term departures out of limits of correction center can be resolved under the circumstances determined in Item 2 of this Instruction and also for such reasons:

if necessary to address in medical institution concerning disease or treatment in the presence of the corresponding medical certificate;

for examination in educational institution;

on challenge of the investigator, prosecutor, investigative judge or court - for implementation of criminal proceedings;

for the provisional solution of questions of labor and household ustraivaniye after release - for up to seven days, without time management on the road;

In case of need document creations for appointment and pension payment;

in case of other vital circumstances which require presence of the convict (the birth at the condemned child in the presence of the certificate on its birth and so forth).

Besides, for fair behavior and the relation to work condemned to restriction of will as encouragement can be provided the exit visa to close relatives out of limits of correction center on festive, non-working and the days off there is no more once a month.

4. Short-term departure out of limits of corrective labor colony in the territory of Ukraine for ustraivaniye of children at relatives can be resolved the condemned women who have children in children's homes under corrective labor colonies, or in orphanages duration it is no more guardians than ten days without stay time management on the way (no more than three days).

5. Departure of the convict aged up to 16 years can be resolved only on condition of maintenance it on the way (there and back) relatives or, with the permission of the chief of organization, guardians.

6. Convicts who work and are in corrective labor colonies of the minimum level of safety with the facilitated conditions of keeping, have the right to annual short-term departure out of limits of colony lasting 14 calendar days.

7. For short-term departure it is granted permission by the chief of organization taking into account the personality and behavior of the convict in term of imprisonment.

Duration of short-term departure is established by the chief of organization taking into account the bases according to which short-term departure, and remoteness of organization from the settlement to which the convict leaves is provided.

8. The decision on provision condemned permissions to short-term departure is made by the chief of organization (person who fulfills its duties) not later than days since receipt of documents (the conclusion or certificate of institution of health care of serious illness of the close relative, which threatens life of the patient, the reference of local executive body or local government body about natural disaster, references or according to the drawn-up telegram about the death of the close relative).

The provision basis to the convict to restriction to will of permission to short-term departure for examination in educational institution is the reference challenge of educational institution in which the convict studies or in which it arrives.

About need of short-term departure the convict submits addressed to the chief of organization the written application to which the document confirming availability of personal circumstances is enclosed (except for solutions of questions of labor and household ustraivaniye after release). Such documents are stored in the personal record of the convict.

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