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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 23, 2014 No. 1131

About approval of Rules of rendering social legal assistance to persons to which the probation is applied

(as amended on 13-04-2022)

According to the subitem 7) of Item 1 of Article 15 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of rendering social legal assistance to persons to which the probation is applied.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of April 28, 2012 No. 542 "About approval of Rules of rendering social legal assistance conditionally condemned" (SAPP of the Republic of Kazakhstan, 2012, No. 46, the Art. 623).

3. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of October 23, 2014 No. 1131

Rules of rendering social legal assistance to persons to which the probation is applied

Chapter 1. General provisions

1. These rules of rendering social legal assistance to persons to which the probation is applied (further – Rules) are developed for the purpose of realization of the Penitentiary code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About probation" and determine procedure for rendering social legal assistance to persons to whom the probation is applied.

2. Local executive bodies, public associations and other organizations give social legal assistance to persons to whom the pre-judicial, prigovorny, penitentiary and post-penitentiary probation is applied. These persons can ask for the specified help in local executive bodies or public associations and other organizations.

3. The Prigovorny probation is applied to the convict to restriction of freedom or the convict conditionally.

4. The penitentiary probation is applied to the convict serving custodial sanction in organizations of criminal and executive (penitentiary) system.

For persons to whom the penitentiary probation is applied the administration of organization of criminal and executive (penitentiary) system constitutes the individual program of rendering social legal assistance for form according to appendix to these rules.

5. The post-penitentiary probation is applied to person:

1) conditionally ahead of schedule exempted from serving sentence in the form of imprisonment;

2) exempted from places of detention concerning which the court establishes administrative supervision;

3) to which imprisonment was replaced with restriction of freedom according to article 73 of the Criminal Code of Kazakhstan;

4) to which imprisonment was replaced with penalty according to article 73 of the Criminal Code of Kazakhstan;

5) served the sentence of custodial sanction appointed by court.

Chapter 2. Procedure for rendering social legal assistance to persons to whom the probation is applied

6. The main direction of social legal assistance to persons to whom the probation is applied is rendering assistance in education, mastering profession, employment, treatment, and also providing legal assistance.

7. Service of probation in case of registration of persons to whom the probation is applied:

1) establishes the residence, the state of health, the education level and labor employment;

2) is explained by procedure for receipt of social legal assistance.

8. Local executive bodies will organize the process connected with rendering social legal assistance to persons to whom the probation, according to the legislation of the Republic of Kazakhstan is applied.

9. Medical care is provided in the state organizations of health care within the guaranteed amount of free medical care and (or) in system of compulsory social medical insurance.

10. Person with incomplete secondary education to which the probation is applied addresses to educational institutions at the place of residence.

11. The legal assistance to persons to whom the probation is applied, provides the following services:

1) document creation, having legal value, in cases of absence at them of the means, on obtaining put by the legislation of social benefits, social payments for their giving on employment, training, medical care;

2) legal consultation on the rights to the public assistance, social security and methods of protection against their violations established by the legislation;

3) rendering the assistance in receipt of the privileges established by the legislation, benefits and other social payments promoting the solution of the questions creating conditions for exit from difficult life situation.

For rendering person to legal assistance to which the probation is applied address to local executive bodies in the place of their residence.

12. In case of assistance in employment to persons to whom the probation is applied local executive bodies perform the following events:

1) direct the unemployed to the free workplaces which are available in base of vacancies of authorized body / jobcenter of the population;

2) direct the unemployed to social workplaces;

3) direct the unemployed from their consent to social jobs;

4) direct the unemployed to professional training, retraining and advanced training according to requirements of the labor market with the subsequent assistance to their employment;

5) is established by quotas for employment of the persons staying on the registry of services of probation or exempted from places of detention. At the same time in payroll number of workers of the sending party the workers involved to work according to the service provision agreement on provision of personnel are not considered.

13. After probation of control, term of administrative supervision and removal from accounting of service of probation the social legal assistance rendered by state bodies and other organizations proceeds according to the legislation of the Republic of Kazakhstan.

14. Within three working days after receipt of the court order the service of probation sends to local executive body and the organization giving social legal assistance, the notification for its suspension concerning persons put on the wanted list for whom the measure of restraint "detention" is chosen.

15. Wrongful acts of employees of local executive bodies, public associations and other organizations, the citizens giving social legal assistance can be appealed in the procedure established by the legislation.

Appendix

to Rules of rendering social legal assistance to persons to which the probation is applied

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