ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of September 25, 2014 No. 319

About approval of Regulations and procedure for content of convicts on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan

According to part 2 of Article 83 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 I ORDER:

1. Approve the enclosed Regulations and procedure for content of convicts on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan.

2. To provide to department of military police of Committee of homeland security of the Republic of Kazakhstan:

1) in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its publication;

2) till December 1, 2014 entering of corresponding changes into the order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of June 10, 2014 No. 182 "About approval of Regulations of content of the military personnel of bodies of homeland security on guardrooms of bodies of military police of Committee of homeland security of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 9574, No. published in the Kazakhstanskaya Pravda and Egemen Kazakstan newspaper of August 6, 2014 151).

3. This order becomes effective since January 1, 2017.

Approved by the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of September 25, 2014 No. 319

Regulations and procedure for content of convicts on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of internal rules and procedures and procedure for content of convicts on guardroom (further - Rules) bodies of military police of Committee of homeland security of the Republic of Kazakhstan (further - OVP) are developed according to part 2 of Article 83 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 (further - WICK) and determine internal rules and procedures and procedure for content of OVP condemned on guardroom.

2. On guardroom of OVP the military personnel of Armed Forces, other troops and military forming of the Republic of Kazakhstan condemned by court for making of criminal offenses to punishment in the form of arrest for the term determined by the court verdict contain.

3. The internal rules and procedures on guardroom are established for the purpose of providing detention regime of the condemned military personnel.

4. Providing the mode on guardroom, and also maintenance of internal rules and procedures is assigned to administration and employees of guardroom.

5. The internal rules and procedures on guardroom are determined and affirms the chief of OVP in form according to appendix 1 to these rules. Time for eight-hour continuous dream, rise, toilet, acceptance of food, work, educational actions, withdrawal to dream is provided in the schedule. The schedule is hung out in each camera in the state and Russian languages.

6. The procedure for content of the condemned military personnel includes providing their rights, execution of the obligations by them, their isolation, acceptance and placement, personal search, fingerprinting, photography, examination, withdrawal of the prohibited objects, things, products, substances and food, material and household providing, acquisition of food and necessities, obtaining and departure of sending, transfers and parcels post, receipt of money transfers, obtaining and departure of telegrams, letters, statements and offers, telephone negotiations, departure out of guardroom limits, departure of religious practices, attraction to works, newspaper and magazine subscription, medical and sanitary providing, walks, appointments, participation in investigative actions and judicial sessions, encouragement and penalties, personal acceptance, issue of bodies, release, and also accomplishment of the tasks provided WICK.

7. Content of the condemned military personnel to arrest is performed according to the principles of legality, presumption of innocence, equality of citizens before the law, humanity, respect of honor and advantage of the personality, rules of international law and shall not be followed by the actions inflicting physical or moral suffering on convicts.

Chapter 2. Acceptance and accommodation of the condemned military personnel on guardroom of bodies of military police

8. Acceptance of the condemned military personnel on guardroom is made round the clock by the chief of guardroom (person, it replacing) or the shift supervisor of guardroom who checks availability of the documents giving the grounds for acceptance of person brought to guardroom conducts survey of the specified person and verifies his answers with the data specified in the document proving his identity.

9. Person which brought the condemned serviceman to OVP guardroom provides to the chief of guardroom (to person, it replacing) or to the shift supervisor the following documents:

1) the copy of the court verdict certified by official stamp of military unit;

2) the copy of the order of the commander of military unit on removal from all types of allowance of the condemned serviceman for serving sentence;

3) medical book;

4) food certificate;

5) the inventory of personal belongings (in duplicate) signed by the official of the headquarters of part and the convict.

10. In case of acceptance of the condemned military personnel availability of the documents specified in Item 9 of these rules and correctness of their registration is checked for guardroom and also personal inspection is made, the documents, things, objects, products, substances, values, money and food prohibited to storage and use are withdrawn.

Information about the condemned serviceman, and also about the documents withdrawn and accepted on storage, things, objects, products, substances, values, amount of money and food is introduced in the Book of accounting of the condemned military personnel to arrest (further - the Book of accounting) in form according to appendix 2 to these rules, in the presence of the condemned serviceman.

11. About acceptance of the condemned serviceman on guardroom, and also the documents accepted on storage, things, objects, products, substances, values, amount of money and food the receipt in triplicate is constituted. The first copy is issued to person which brought the condemned serviceman to guardroom, the second - the condemned serviceman, and the third copy joins the personal record of the condemned serviceman.

12. Accepted for storage at the condemned serviceman, the money and values belonging to it are checked to the chief of guardroom. Identity documents are also stored at the chief of guardroom.

13. Personal belongings, objects, products, substances and food are checked to the room of storage of things of arrested.

14. In case of acceptance of the condemned serviceman on guardroom, the health worker (paramedic) performs its inspection regarding detection of injuries about what in the Book of accounting the corresponding record is made. About the revealed bodily harms with putting down of the signature it is reported to the official who brought the condemned serviceman.

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