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

of August 14, 2014 No. 510

About approval of Entry rules of the mode of special conditions in organizations of criminal executive system

According to the subitem 7) to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:

1. Approve Entry rules of the mode of special conditions in organizations of criminal executive system.

2. Declare invalid the subitem 1) of Item 1 of the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 29, 2012 No. 182 "About some questions of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts on May 8, 2012 7630, No. 375-376, 383-384 published in the Kazakhstanskaya Pravda newspaper of October 31, 2012, on November 6, 2012, on November 7, 2012 (27194-27195, 27202-27203, 27204-27206), on November 8, 2012 No. 388-389 (27207-27208).

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;

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.

4. To impose control of execution of this order on 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, but not earlier than January 1, 2015.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 14, 2014 No. 510

Entry rules of the mode of special conditions in organizations of criminal executive system

1. These rules of input of the mode of special conditions in organizations of criminal executive system (further - Rules) are developed according to Article 101 of the Penitentiary code of the Republic of Kazakhstan and determine procedure for input of the mode of special conditions.

2. The purpose of introduction of the mode of special conditions is stabilization of operational situation, suppression of illegal actions of convicts, recovery of legality and procedure, and also creation of the conditions necessary for carrying out urgent rescue and emergency operations.

3. The regime of special conditions is introduced in the presence of real threat to the organization of work of organization, safety of the personnel working in it, convicts and persons living in the adjacent territory whose establishment is impossible without application of emergency measures.

4. The bases for introduction of the mode of special conditions in organizations:

1) natural disasters;

2) introduction around dislocation of organization of emergency, special or warlike situation;

3) mass riots;

4) group disobedience of convicts.

5. The mode of special conditions consists of elements which realization reaches accomplishment of the main objectives: return of organization to normal life activity, suppression of illegal actions from convicts, safety of personnel of organization and convicts, and persons living in the territory, adjacent to organization, and also natural disaster response, catastrophic crashes, accidents and the fires.

In case of introduction of the mode of special conditions the following operations are performed:

1) the staff of organization (territorial subdivision of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan) is transferred to the strengthened service option;

2) the civil servants and female persons working in organization are removed out of limits of organization;

3) change of daily routine of organization;

4) restriction or cancellation of the admission for objects of organization (production, household, cultural and educational, medical and sanitary rooms) and the territories adjoining to it is introduced;

5) realization of the rights of the convicts provided by Articles 105-113 of the Penitentiary code of the Republic of Kazakhstan stops for the period of action of the specified mode;

6) measures for strengthening of outside protection are taken;

7) posts near shop, catering department and in other storage locations of the material values including which are taken out from the place of disaster are exposed;

8) in case of natural disasters the electric power is disconnected (except for illumination of perimeter of the protected object);

9) autotractor, armored, fire and water-jet and other machinery for use in actions in case of force majeure prepares;

10) by field services it is carried out film, photo, video filming of illegal actions of convicts, and also interrogation of witnesses and the victims;

11) territorial fire, gas-emergency, health and other services are attracted, their free journey and maintenance is provided;

12) are performed security of staff with weapon, specifics, availability of means of communication and office and search dogs;

13) with staff of organizations of criminal executive system, law-enforcement bodies and National guard joint trainings are held;

14) obtaining and the analysis for use in the held events of operational information;

15) forces of administration of organization take measures for localization of the center of the conflict, withdrawal of organizers and active participants of illegal actions;

16) if to stop actions of convicts forces of administration did not work well, performed special operation.

Special operation on suppression of illegal actions is performed with employee involvement of bodies and organizations of criminal executive system, divisions of special reaction, and also other forces and means of law-enforcement bodies. Before special transaction by the convict it is offered to stop illegal actions, they are prevented about application of emergency measures with input of staff.

6. The regime of special conditions is introduced according to the decision of the Minister of Internal Affairs of the Republic of Kazakhstan approved with the Attorney-General of the Republic of Kazakhstan for a period of up to thirty days.

In case of not goal achievement of input of the mode of special conditions at the scheduled time, time of its action is prolonged by the specified officials in addition for thirty days.

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