ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of March 12, 2012 No. 394/5

About approval of the Procedure and conditions of provision of disposable benefit to persons exempted from places of serving sentence

According to part two of Article 157 of the Penitentiary code of Ukraine and for the purpose of legal settlement of procedure and conditions of payment of disposable benefit to persons exempted from places of serving sentence of PRIKAZYVAYU:

1. Approve the Procedure and conditions of provision of disposable benefit to persons exempted from places of serving sentence which is applied.

2. To the public penitentiary service of Ukraine (Lisitskov O. V.) to bring this order to permission of heads of structural divisions, heads of territorial authorities of management of the Public penitentiary service and to provide its accomplishment.

4. (Zerkal O. V.) to submit to department of interaction with authorities of the Ministry of Justice of Ukraine this order on state registration in the procedure established by the legislation.

5. To impose control over the implementation of this order on the First Deputy Chairman of the Public penitentiary service of Ukraine (Sidorenko S. M.

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

Approved by the Order of the Ministry of Justice of Ukraine of March 12, 2012, No. 394/5

Procedure and conditions of provision of disposable benefit to persons exempted from places of serving sentence

I. General provisions

1.1. This Procedure determines the mechanism and conditions of payment of disposable benefit to persons which are exempted from places of serving sentence (further - benefit).

1.2. This Procedure is obligatory for application of execution of punishments by organizations and pre-trial detention centers (further - organization).

1.3. The benefit is provided to persons who are exempted from places of serving sentence at the expense of the means of the Government budget of Ukraine provided on financing of the Ministry of Justice of Ukraine.

II. Conditions of provision of disposable benefit

2.1. The benefit is provided based on the written application of person which is exempted from the place of serving sentence if on its personal account there are no money or their remaining balance less than one regulation of daily expenses which are refunded sent within Ukraine.

2.2. The benefit is paid in the amount of one or two regulations of daily expenses which are refunded sent within Ukraine, depending on time necessary for arrival to the place of residence or works within Ukraine.

In case of determination of time necessary for arrival to the place of residence or works of person who is exempted from places of serving of punishments release time, departure time of the vehicle from the area where this person served sentence, distance to the place of residence or works within Ukraine is considered.

2.3. The disposable benefit in the amount of which constitutes difference between one regulation of daily issues and the amount of balance on personal account of the exempted person after the assignments performed according to requirements of article 121 of Criminally executive code of Ukraine is provided to persons exempted from places of serving sentence which for arrival to the place of residence or works need till 24 o'clock time and on which personal accounts there is no money or their remaining balance less than one regulation of daily expenses which are refunded sent within Ukraine.

2.4. The disposable benefit in the amount of which constitutes difference between two regulations of daily issues and the amount of balance on personal account of the exempted person after the assignments performed according to requirements of Article 121 of the Penitentiary code of Ukraine is provided to persons exempted from places of serving sentence for which to the place of residence or works it is necessary for arrival more than 24 hours of time and on which personal accounts there is no money or their remaining balance less than two regulations of daily expenses which are refunded sent within Ukraine.

2.5. The benefit size to foreigners who are exempted from places of serving sentence is calculated taking into account time necessary for arrival to the nearest diplomatic representation or consular establishment of the state in Ukraine or to the closest Item of crossing of frontier of Ukraine (depending on to what state the exempted person goes).

The benefit size to stateless persons which constantly do not live in Ukraine and also to citizens of the states which have no diplomatic representations or consular establishments in Ukraine and which are exempted from places of serving sentence is calculated taking into account time necessary for arrival to the nearest diplomatic representation of the state which undertook protection of their interests, or to the closest Item of crossing of frontier of Ukraine (depending on to what state the exempted person goes).

2.6. The disposable benefit is issued to persons who are exempted from places of serving sentence, in day of release about what the personnel of accounts department of organization make the corresponding entry in the certificate of release.

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