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

of August 8, 2014 No. 503

About approval of the Instruction for creation of conditions for departure of religious practices by convicts to imprisonment

(In edition of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 21.05.2019 No. 451)

According to the subitem 10) I ORDER to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014:

1. Approve the enclosed Instruction for creation of conditions for departure of religious practices by convicts to imprisonment.

2. (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;

2) official publication of this order in information system of law of Ad_let and official mass media;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan www.mvd.gov.kz.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Turgumbayev E. Z. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Berdalin B. M.).

4. This order becomes effective after 10 calendar days after day of its first official publication, but not earlier than January 1, 2015.

Minister police lieutenant general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 8, 2014 No. 503

The instruction for creation of conditions for departure of religious practices by convicts to imprisonment

Chapter 1. General provisions

1. This Instruction for creation of conditions for departure of religious practices by convicts to imprisonment (further - the Instruction) disaggregates conditions of departure of religious practices by convicts in organizations of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - organizations) and is developed according to Article 13, the subitem 10) of part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About religious activities and religious associations".

Chapter 2. Actions for creation of conditions for departure of religious practices by convicts to imprisonment

2. To persons containing in organizations at their request or their relatives in case of ritual need priests of religious associations (further - the priest), the registered judicial authorities are invited.

3. The administration of organization, taking into account offers of religious associations, approves the schedule of visit by representatives of religious associations of organizations the forthcoming calendar year (further - the schedule) in form according to appendix to this Instruction in which the name of religious consolidation, date and time of visits, subjects of lecture (ceremonies) is specified. This schedule is approved with the head of the corresponding religious consolidation and is effective within one year. For data of convicts the copy of this schedule is placed in each group (camera) of organization.

4. Work of priests with convicts will be will organized and controlled by the deputy chief of organization on educational work.

5. Visit of organizations by priests is performed according to Article 98 of the Penitentiary code of the Republic of Kazakhstan (further - WICK). The administration of organization brings to their attention on procedure for visit of organization and provides measures of their safety.

6. The convict who showed willingness to meet the priest files the written application of any form to administration of organization.

7. After obtaining from the condemned statement, the administration of organization provides meeting of this convict with the priest in the terms specified in graphics. In departure time of religious practices there are representatives of administration of organization.

8. For holding meetings of convicts with priests the administration of organization provides the room. This room is equipped with necessary stock of not religious appointment (table, chairs, etc.). In need of listening and demonstration of materials on religious subjects, audio and the video equipment is indoors established.

9. The staff of organization accompanies the convicts wishing to meet priests (including installed to the disciplinary isolation center or transferred to the solitary confinement for violation of established procedure of serving sentence), to the room provided for meetings.

10. Before and after meeting with priests, convicts are exposed to examination or search according to article 98 WICK.

11. Individual departure by the convict of religious practices is performed near the berth in personal time of the organization provided by daily routine. The room for these purposes is not allocated.

12. Religious literature and other information materials of religious content, objects of religious appointment are brought on the territory of organization only after passing and receipt of the conclusion of theological examination according to article 6 of the Law of the Republic of Kazakhstan "About religious activities and religious associations". At the same time the objects of religious appointment posing threat for the life and health which are in organization of persons are not allowed.

13. The convict serving sentence in chamber and strict conditions of keeping, religious literature and other materials of religious content are provided in personal time of the organization provided by daily routine.

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