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

of March 14, 2012 No. 141

Some questions of execution of the punishments which are not connected with isolation of the convict from society"

For the purpose of the organization of work of criminal and executive inspections according to requirements of the criminal and executive legislation 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:

1) Rules of the organization of execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as the basic, and also as additional to primary punishments in the form of penalty, corrective works, restriction of freedom or attraction to social jobs, and also in case of conditional condemnation according to appendix 1 to this order;

2) Rules of execution of the punishment in the form of attraction to social jobs according to appendix 2 to this order;

3) Rules of the organization of activities of criminal and executive inspectorate for execution of corrective works according to appendix 3 to this order; Subitem 4 becomes effective since July 1, 2012

4) Rules of application of electronic means of tracking and the organization of activities of ugolovnoispolnitelny inspectorate for implementation of supervision for serving sentence in the form of restriction of freedom according to appendix 4 to this order;

5) Rules of withdrawal of the state awards together with documents to them according to appendix 5 to this order;

6) the Instruction for control of convicts with delay of execution (serving) of punishment according to appendix 6 to this order;

7) the Instruction for implementation of initial search actions concerning the convicts evading from serving sentence, who did not arrive to the place of serving sentence at the scheduled time, self-willedally left the place of residence, works or studies and entering into court of idea of the announcement into search according to appendix 7 to this order.

2. Recognize invalid orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 8 to this order.

3. (Berdalin B. M.) to provide to committee of criminal executive system of the Ministry 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 the Internet - resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

4. To chiefs of Departments of internal affairs of areas, cities of Astana, Almaty, 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 the Rules and Instructions approved by this order by the staff of criminal and executive inspectorates, services of administrative, investigative, criminal and migratory police.

5. 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 ugolovnoispolnitelny system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Berdalin B. M.).

6. This order becomes effective after ten calendar days after day of its first official publication, except for the subitem 4) of Item 1 of this order which becomes effective since July 1, 2012.

 

Appendix 1

to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 14, 2012 No. 141

Rules of the organization of execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as the basic, and also as additional to primary punishments in the form of penalty, corrective works, restriction of freedom or attraction to social jobs, and also in case of conditional condemnation

1. General provisions

1. These rules of the organization of execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, appointed as the basic, and also as additional to primary punishments in the form of penalty, corrective works, restriction of freedom or attraction to social jobs, and also in case of conditional condemnation (further - Rules) are developed according to Article 24 of the Penitentiary code of the Republic of Kazakhstan and determine procedure for execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities.

2. Execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities is made based on sentence, the resolution, determination of the court (further - sentence) which took legal effect.

3. Or to be engaged in the bodies performing punishment in the form of deprivation of the right to hold certain position in certain activities, territorial ugolovnoispolnitelny inspectorates of Departments of criminal executive system for areas, the city of Astana, the city of Almaty and Almaty region are (further - Inspections).

4. In case of execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities, territorial Inspections:

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) 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, in case of change of the residence timely make their adjustment;

3) 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);

4) 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;

5) 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;

6) 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;

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

8) 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;

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

10) monthly for the purpose of suppression of the facts of illegal departure out of limits of the Republic of Kazakhstan of persons condemned to punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities, including foreign persons, send lists to divisions of migratory police consisting and struck off the register;

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

12) bear the personal responsibility for safety of personal records;

13) are struck off the register of convicts;

14) perform the following operations with documents:

document registration of the entering and outgoing correspondence;

control of execution of documents;

operational storage and use of documents;

document transfer on storage in departmental archive;

Seals and stamps which are stored in safes or the sealed fireproof metal cases have 15) available;

16) is registered in register of claims and statements by the arriving addresses of citizens in day of their obtaining in form according to appendix 5 to these rules. On the first page of the address put stamp, with indication of sequence number and receipt date. If signs of criminally liable act, after registration are seen in the address, in the same day send to criminal prosecution authorities, for consideration and adoption of the proceeding decision. In writing report about the made decision to the applicant and at the same time explain it the right to appeal of the decision.

2. The organization of statement of convicts on accounting of Inspection

5. In case of acceptance of sentence to execution, Inspection:

1) registers in day of receipt the copy of sentence together with appendices to it in the magazine of incoming documents, and then enters data of the convict in the register of convicts numbered, strung together and sealed by seal to deprivation of the right to hold certain positions or to be engaged in certain activities for form according to appendix 6 to these rules. In the same procedure the personal records which arrived from other Inspections, in connection with change of the residence of convicts and arrived from correctional facilities are registered.

In case of detection in copies of sentence of ambiguities, the mistakes interfering execution of the punishment immediately without registration in registers of convicts returns sentence in court;

2) in daily time from the moment of registration of the convict:

takes to court, the pronounced sentence, or correctional facility from which the convict, the notice on adoption of the judgment to execution in form according to appendix 7 to these rules is exempted;

fills control сроковую card in form according to appendix 8 to these rules which is placed in the corresponding card-index of Inspection;

fills and transfers sentry card to divisions of migratory police, for control of removal of the convict from registration accounting and informing Inspection, about change of the residence of the convict in form according to appendix 9 to these rules, the second copy is located in card-index;

3) after registration of the copy of sentence, in addition gets on the convict - the personal record in form according to appendices 10 to these rules;

6. Sequence numbers of the personal record and control сроковой cards shall correspond to number of the sentence registered in register of convicts.

7. Personal records and card-indexes are stored in metal case which upon termination of the working day is closed on the lock and is sealed.

8. The personal record of the convict consists of two parts:

in the first part the materials forming the basis for registration (sentence, determination, the resolution, the certificate of the introduction in legal force), copies of notices, messages, the registration sheet and the single sheet for the marks checking on case studying are filed;

in the second part - the characterizing materials relating to the organization and implementation of process of execution of the punishment. All documents shall be filed in chronological procedure, are numbered and entered in the inventory.

9. Within 5 working days after registration of the convict, Inspection fills in the notice on the convict according to appendix 5 to the Rules of maintaining and use of separate types of special accounting approved by the order of the Attorney-General of the Republic of Kazakhstan of April 29, 2004 No. 23 (further - the order GP RK), and on persons condemned by courts of other area - the first copy of alphabetic accounting card (further - F-1), according to appendix 1 to the order GP RK and one notice on the convict which go the cover letter to territorial administration КПСиСУ, the second copy of the cover letter is filed in the first part of case.

10. In case of release from punishment of the convict or change of sentence concerning it, and also in case of removal from accounting on other bases, stipulated by the legislation the Republic of Kazakhstan, Inspection within 5 working days after receipt of the relevant document sends to territorial administration КПСиСУ the notice on the convict with indication of complete data on the basis of removal of the convict from accounting or change of sentence concerning it. The copy of the notice is filed in the second part of case in chronological procedure.

11. The inspectorate for the residence of the convict after registration causes it on conversation in the course of which are explained to it procedure and conditions of serving sentence, and also responsibility for evasion from control, its biographical particulars, the information about close relatives and persons who can exert impact on the convict, and also other questions important for control of his behavior are specified. After the had talk the reference conversation is constituted and the subscription in form according to appendix 11 to these rules which is filed in the personal record of the convict is taken away from the convict.

If the convict aged from eighteen up to twenty seven years did not pass and is subject to appeal on the conscription military service Inspection sends to local body of military management the message on statement it on accounting in form according to appendix 12 to these rules.

3. Procedure the organization of execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities

12. For the purpose of ensuring execution of the court verdict Inspection in three-day time:

1) is established by place of employment of the convict and sends the copy of the court verdict and the notice to administration of the organization for form according to appendix 13 to these rules;

Sends 2) to body, competent to cancel permission to occupation certain type of activity the copy of the court verdict or the certified extract from it and representation in form according to appendix 14 to these rules. Depending on nature of the committed crime (in the field of economic activity, ecological crimes, against traffic safety and operation of transport and others) and the type of activity prohibited by court Inspection sends the specified documents to bodies: the documents determining issue on performing certain types of activity; public associations (society of hunters and fishers, environmental protections and others).

13. The rights condemned to punishment in the form of deprivation to hold certain positions or to be engaged in certain activities shall fulfill requirements of the court verdict, submit the documents connected with execution of the specified punishment upon the demand of Inspection, to report in inspection about place of employment and residence and their change, about dismissal, and also to be on challenge in Inspection. In case of absence of the convict, he can be subjected to the drive.

14. Evading from serving sentence is considered the convict whose location within more than three days is not established.

15. Execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities, appointed in quality as the main, and additional punishment, to corrective works, restriction of freedom, conditional condemnation, and also in case of appointment as additional to imprisonment after their release are performed by Inspectorates for the residence.

16. Concerning convicts to whom replacement of unexpired part of imprisonment with milder pinishment is made the administration of correctional facility beforehand sends the court order, the message on the direction of the convict to Inspection.

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