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

of August 13, 2014 No. 508

About approval of Rules of carrying out educational work with convicts to imprisonment

According to the subitem 9) to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:

1. Approve the enclosed Rules of carrying out educational work with convicts to imprisonment.

2. Declare invalid the order of the Minister of Internal Affairs "About approval of Rules of carrying out educational work with convicts to imprisonment" of March 30, 2012 No. 184 (it is registered in the Register of state registration of regulatory legal acts of May 10, 2012 No. 7633, is published in the Kazakhstanskaya Pravda newspaper of August 4, 2012 No. 251-253 (27070-27072), the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of August 2, 2012 No. 9.

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 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.).

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 13, 2014 No. 508

Rules of carrying out educational work with convicts to imprisonment

Chapter 1. General provisions

1. These rules of carrying out educational work with convicts to imprisonment (further - Rules) are determined by procedure for carrying out educational work with the staff of educational services of divisions of criminal executive system condemned to imprisonment which includes:

1) educational impact on convicts to imprisonment;

2) educational work with newcomers as convicts in quarantine department;

3) educational work with convicts in groups;

4) features of carrying out educational work in the regular, facilitated, strict and preferential terms of serving sentence;

5) carrying out educational work with convicts during their preparation for release;

6) documentation of the chief of group, psychologist;

7) the voluntary organizations of convicts (further - DOO);

8) features of carrying out educational work with minor convicts;

9) features of carrying out educational work with the convicts leaving lifelong imprisonment;

10) participation of psychologists in carrying out educational work with convicts.

2. Educational work with convicts in organizations of criminal executive system (further - organizations) is performed according to the criminal and executive legislation of the Republic of Kazakhstan, and also these rules.

3. Educational work with convicts in organization is controlled and coordinated by the deputy chief of organization on educational work. Carrying out educational work with convicts is provided by the chief and the staff of department (department, group) on educational work among convicts, and also other staff of organization within determined by these rules.

4. In organizations, except for organizations of complete safety, the disciplinary insulator and solitary confinement, the voluntary organizations of convicts which work under control of administration of organization are created.

5. Organizational basis of educational work with convicts are:

1) the work plan of organization for quarter in which the separate Section plans educational work among convicts. Offers in this Section are constituted by the head of department (departments, groups) on educational work among convicts who are approved with the deputy chief of organization on educational work;

2) the comprehensive plan of educational work for the quarter constituted by the chief of group and approved with the head of department (departments, groups) on educational work among convicts also affirms the deputy chief of organization on educational work as group.

6. In plans the main directions of educational work, questions of individual and educational work with convicts, their general education, technical or professional training, control of activities of the voluntary organizations of convicts, holding cultural events, interaction with religious and public organizations are reflected.

7. Citizens and the boards of trustees, committees of parents of convicts, labor unions, labor collectives, and also public associations registered in the procedure established by the legislation of the Republic of Kazakhstan, religious associations, public and charity foundations, political parties can participate in carrying out educational work with convicts.

Chapter 2. Educational impact on convicts to imprisonment

8. In organizations the complex of events directed to correction of convicts, that is forming of aspiration to observance of requirements of the laws, work and occupation by other socially useful activities, to increase in educational and cultural level, participation in rehabilitation programs is held.

For carrying out complex of actions the following types of education are used:

1) moral education is directed to forming at the condemned moral and ethical installations, forming at each convict of capability to regulate the behavior in society without daily external control;

2) social and legal education is directed to receipt of idea of essence of relations between the citizen and the state, knowledge of the rights and obligations of convicts in places of detention, belief in need of observance of precepts of law, awareness of public danger of the committed crime;

3) esthetic education is aimed at the development in the condemned understanding of beauty of the nature, works of art, literatures, painting promoting education at the condemned esthetic taste and the benevolent attitude towards surrounding reality;

4) labor education is aimed at development in the convict of labor skills, acquisition of profession by it, necessary for employment after release;

5) physical training is directed to maintenance at the condemned physical health in places of detention and the organization of leisure;

6) psychological education is directed to research of patterns of mental activities of the person serving sentence, destruction of its criminal stereotype, studying of the identity of the convict, the major factors influencing it in the course of re-education.

9. Educational work with convicts will be organized in individual, group and mass forms on the basis of psychology and pedagogical methods.

When carrying out educational work the convicts containing in cameras unite in small and big groups in the rooms intended for this purpose.

10. On each convict the diary of individual and educational work (further - the diary IVR) according to appendix 1 to these rules is created.

Individual educational work with the convicts containing in cameras is carried out directly in cameras where convicts, the room of educational work and contain in offices of the chief of group.

Group and mass forms of educational work with convicts (occupations, lectures, meetings, debates, tenders, amateur arts festivals, sports and mass actions, participation in the voluntary organizations of convicts, psychodiagnostic, psychocorrectional, psychoscheduled and consulting maintenance) assume carrying out educational work in small and big groups.

11. Conclusions by results of studying of the convict and carrying out with it educational work are entered monthly in the diary IVR by means of the centralized automated database of criminal and executive (penitentiary) system of the Ministry of Internal Affairs of the Republic of Kazakhstan (dalee-TsABD by penal correction system).

Chapter 3. Educational work with newcomers as convicts in quarantine department

12. Stay of the organization condemned in quarantine department is used for preliminary studying of the main traits of character, psychological features, determination of educational level, acquaintance of the convict with procedure and conditions of serving sentence, and also for inspection of the state of health and holding sanitary and hygienic actions.

13. The procedure for change of type of organization, submission of the petition for parole are explained to each convict (further - UDO) or to replacement of unexpired part of punishment with softer type of punishment (further - ZMN), transfer from one conditions of serving sentence in others, it agrees Criminal of July 3, 2014 and Criminal accurately of July 5, 2014 to codes of the Republic of Kazakhstan (further - WICK).

14. Educational work with convicts in quarantine department is carried out in form of work, conversations and meetings with the staff of organization. The convict is given opportunity to read books, newspapers, magazines, to listen to the central and local broadcasts, to watch telecasts.

In quarantine department the video about activities of organization and regulations is shown to convicts.

15. Educational work with newcomers as convicts is carried out according to comprehensive plan of occupations with convicts in quarantine department of organization according to the Diary IVR.

16. The psychologist conducts primary psychodiagnostic examination of newcomers of convicts, on each of them fills in the Psychological map in form according to appendix 2 to these rules.

17. On analysis results of the carried-out work the psychologist makes recommendations to the relevant services in the main areas of work with newcomers convicts who are entered in the diary IVR by means of TsABD penal correction system.

18. For work the chief of group to whom obligations on carrying out educational work, initial filling of diaries IVR and training of convicts for distribution in groups are assigned is fixed in quarantine department with the newcomers condemned by the order of the chief of organization.

Chapter 4. Educational work with convicts in groups

19. Carrying out educational work with convicts in group is assigned to his chief. The chief of group quarterly plans and will organize the activities on the basis of the work plan of organization taking into account specifics of group, personal qualities of convicts, and also offers of other services of organization and recommendations of the psychologist.

The head of department (departments, groups) on educational work among convicts at least two weekly, except personal time of convicts, organizes display by the convict in groups of socially important movies (urgent movies, including the historical, directed to increase in patriotic, spiritual and moral, intellectual and cultural potential societies, education of younger generation) for what the corresponding store of movies is created.

After distribution of the convict in group, the chief of group develops the individual program of social adaptation and resocialization of the convict taking into account features of his personality (further - the individual program) in form according to appendix 3 to these rules, with its attaching to the diary IVR. The program is constituted the current calendar year, taking into account recommendations of the psychologist.

20. The chief of group explains to convicts of their right and obligation, working condition and rest, provides access to legal acts and will organize holding with them classes in social and legal study according to the thematic plan of carrying out social and legal study among the convicts serving sentence in places of detention according to appendix 4 to these rules.

21. In case of the actual departure condemned the part of term of punishment for possible change of type of organization, UDO, ZMN established by the law, the chief of group constitutes on condemned the characteristic, in form according to appendix 5 to these rules which joins the personal record.

22. For the purpose of assistance to the chief of group Council of tutors of group (further - SVO) affirms as the organization of educational work in otryadny link with condemned by the order of the chief of organization which meetings are held at least once a month. Decisions of meeting of SVO is accepted by vote. The meeting of SVO is competent with participation in it at least two thirds of its payroll.

23. Are part of SVO: the chairman of SVO - the chief of group, other staff of organization having skills of work with convicts, teachers of comprehensive school and professional college, educational advisory Items.

24. Members of SVO give help to the chief of group and the psychologist during the work with convicts in otryadny link, promote the solution of questions of correction (correction of behavior) of convicts, observance of detention regime, instilling of steady skills of right obedient behavior in them, take part in the organization and holding educational and leisure actions, also recommendations of SVO in the diary IVR and the Psychological map by means of TsABD penal correction system make records of educational conversations with convicts, participate in development and implementation of the individual program, preparation of the characterizing materials (the data characterizing his personality, behavior, the relation to work and training for term of imprisonment) to UDO or ZMN, change of type of organization, the departure condemned for limits of organization give help in work of the voluntary organizations of convicts, and also consider questions of application to convicts of encouragement, authority punishments.

25. In case of absence at the condemned violations of established procedure of serving sentence specified in article 130 WICK within one year from the date of the last encouragement or imposing of authority punishment, the convict is subject to application of encouragement for good behavior.

The petition for application to the convict of encouragement according to appendix 6 to these rules and the resolution on application of encouragement according to appendix 7 to these rules is introduced to the chief of organization or its deputy in coordination with the head of department (departments, groups) educational work and the interested services of organization.

SVO meeting minutes abstract, in the presence the written proposal of the employer of the convict or service of labor organization of convicts and educational institution of organization of any form is applied to the resolution (further - the enclosed materials).

The resolution on encouragement with the enclosed materials is filed in the personal record of the convict.

Registration of resolutions on encouragement of convicts is made in the relevant magazine according to appendix 8 to these rules.

Encouragement is applied to convicts not earlier than, after three months from the date of arrival in organization, including in case of transfer in other organization according to the procedure of article 96 WICK.

From the date of application of encouragement to the convict the interval between the following encouragement constitutes at least 3 months.

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