ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 19, 2012 No. 157

About approval of Rules of the organization of activities of service of probation of criminal and executive inspection

For the purpose of implementation of Article 182 of the Penitentiary code of the Republic of Kazakhstan, being guided by the subitem 4) of Item 2 of article 6 of the Law of the Republic of Kazakhstan "About law-enforcement bodies of the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Rules of the organization of activities of service of probation of ugolovnoispolnitelny inspection.

2. To committee of criminal executive system (Berdalin B. M). To provide the Ministries of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent official publication;

2) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. To chiefs of Departments of criminal executive system on areas and the city of Astana, the city of Almaty and Almaty region to organize studying and to provide execution of requirements of these rules by the staff of criminal and executive inspectorates.

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan major general Kurenbekov A. Zh. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Berdalin B. M.).

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 19, 2012 No. 157

Rules of the organization of activities of service of probation of criminal and executive inspection

1. General provisions

1. These rules of the organization of activities of service of probation of criminal and executive inspection (further - Rules) are developed for the purpose of implementation of Article 182 of the Penitentiary code of the Republic of Kazakhstan (further - WICK by RK) and determine procedure for the organization of activities of service of probation of criminal and executive inspection and implementation by them of probation of control of conditionally condemned.

2. Implementation of probation of control is made according to sentence, the resolution, determination of the court which took legal effect.

3. Probation control of conditionally condemned is exercised by service of probation of criminal and executive inspection (further - Service of probation) at the place of residence.

4. The purpose of probation of control is recovery of social justice, correction of convicts, prevention of repeated making of criminal action, observance conditionally condemned commonly accepted social, moral and precepts of law, by monitoring fulfillment of duties, established by the law or court.

5. In case of non-execution or improper execution of requirements of these rules the question of attraction to disciplinary responsibility of the guilty employee of Service of probation is put.

6. Territorial Services of probation:

1) perform interaction with divisions of prosecutor's office, local authorities of military management, local executive bodies, courts and public associations, with administration of the companies, organizations and the organizations in which convicts study or work;

2) is brought by submissions to court for the solution of the following questions:

about prolongation of probation period and establishment of the strengthened probation of control, cancellation of conditional condemnation concerning the convicts who disappeared from control with formulation of the question about the announcement of search and election of measure of restraint;

about cancellation of conditional condemnation and removal of criminal record;

about release from punishment or mitigation of punishment owing to the edition of the penal statute, retroactive, and also the act of amnesty;

3) from the date of receipt of the court verdict in daily time (without days off and holidays) perform registration of convicts with entering of their data in the information database (further - IBD), in case of change of the residence timely make their adjustment;

4) perform check of the condemned persons on the functioning automated information retrieval systems of law-enforcement bodies (further - Department of Internal Affairs) and to information systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - КПСиСУ);

5) at least once a quarter (in the city and in the district center at least once a month) carry out scheduled maintenance on the residence and works (holding conversations about non-admission: administrative offenses and criminal offenses, and also violations of conditions of serving of punishments) with convicts;

6) carry quarterly out reconciliation with court on the sentences which arrived on execution about what in form according to appendix 1 to these rules statements of reconciliations in duplicate are drawn up;

7) carry quarterly out reconciliation with territorial administration КПСиСУ according to the exposed notices on convicts about what in form according to appendix 2 to these rules statements of reconciliations in duplicate are drawn up;

8) carry monthly out reconciliation with operational search divisions according to lists of persons who are wanted about what in form according to appendix 3 to these rules the reconciliation statement in duplicate is drawn up;

9) carry monthly out reconciliation with divisions of migratory police by the sentry cards exposed and struck off the register about what in form according to appendix 4 to these rules the reconciliation statement in duplicate is drawn up;

10) monthly to divisions of public safety is sent by lists of persons staying on the registry of Service of probation for increase in knowledge of local police inspectors and for minors;

11) monthly for the purpose of suppression of the facts of illegal departure out of limits of the Republic of Kazakhstan of persons condemned to punishments without isolation from society including foreign persons, to divisions of migratory police is sent by lists consisting and struck off the register;

12) hold initial events for search of persons staying on the registry which location is unknown;

13) bear the personal responsibility for safety of control cases;

14) are struck off the register of convicts;

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