of August 15, 2014 No. 511
About approval of Rules of the organization of activities of service of probation
According to the subitem 3) to part one of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:
1. Approve the enclosed Rules of the organization of activities of service of probation.
2. Recognize invalid the following regulatory legal acts of the Ministry of Internal Affairs of the Republic of Kazakhstan:
1) the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 14, 2012 No. 141 "Some questions of execution of punishments which are not connected with isolation of the convict from society" (registered in the Register of state registration of regulatory legal acts for No. 7591 of April 23, 2012), published in the Kazakhstanskaya Pravda newspaper (of May 26, 2012 for No. 154-156 (26973-26975));
2) the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 19, 2012 No. 157 "About approval of Rules of the organization of activities of service of probation of criminal and executive inspection" (it is registered in the Register of state registration of regulatory legal acts for No. 7592 of April 23, 2012), published in the Kazakhstanskaya Pravda newspaper (of May 12, 2012 for No. 136-137 (26955-26956)).
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) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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 is subject to official publication and becomes effective since 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 15, 2014 No. 511
1. These rules of the organization of activities of service of probation (further - Rules) are developed according to the Criminal Code of Kazakhstan (further – UK), the Code of penal procedure of the Republic of Kazakhstan, the Penitentiary code from the Republic of Kazakhstan (further – WICK), the Law of the Republic of Kazakhstan "About probation" and determines procedure for the organization of activities of service of probation.
2. Execution of the criminal penalties which are not connected with isolation of the convict from society is made based on the sentence or the resolution which took legal effect, the act of amnesty and its application, the act of pardon.
3. The bodies performing the criminal penalties which are not connected with isolation of the convict from society are territorial services of probation of Departments of criminal executive system on areas, the cities of republican value and the capital (further – Services of probation).
3-1. The staff of service of probation monthly reports on the done work to the chief of service of probation (or to person, it replacing).
Control of the organization of activities of service of probation is imposed on the chief of service of probation (or person, it replacing).
4. In case of acceptance of sentence to execution, Service of probation:
1) within one working day enters data of the convict in the Centralized automated database (further – TsABD);
2) within two working days from the moment of registration of the convict, in electronic or written type takes to court, the pronounced sentence or the resolution, the notice on adoption of the judgment to execution in form, according to appendix 1 to these rules;
3) in daily time from the moment of registration of the convict fills control сроковую card in form, according to appendix 2 to these rules which is placed in the corresponding card-index of Service of probation;
4) exercise control of observance by convicts of the obligations assigned to them by the law and court including by monthly checks on the functioning automated information retrieval systems of law-enforcement bodies (further - Department of Internal Affairs) and to information systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - КПСиСУ), and also to the available means of the telecommunications (means of communication) connected to the Internet.
5. Sequence numbers of accounting card and control сроковой cards are appropriated according to numbers of the judgments registered in TsABD.
6. Nomenclature cases are stored in safes or the sealed fireproof metal cases.
7. Materials maintaining which are technically not provided in TsABD in electronic form connected with preparation of the pre-judicial report, search of convicts, the direction in court and also with execution of the punishment in the form of social jobs are filed in nomenclature cases.
8. Within five working days after registration of the convict, Service of probation:
1) is created by the electronic notice on the convict (taken into custody) in form, according to appendix 5 to Rules of maintaining, use and storage of the special accounting of the persons who made criminal offenses, brought and involved to trial and dactyloscopic accounting of the detainees who are held in custody and condemned persons, the approved order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29 (it is registered in the Register of state registration of regulatory legal acts for No. 16667) (further - Rules of maintaining, use and storage of special accounting of persons) for automatic filling of details in the automated information system "Special Accounting" (further – AIS SU) and separately on papers provides the copy of sentence and the copy of the identity document in territorial authority КПСиСУ;
2) on person condemned by court of other area, city of republican value, the capital is created by the electronic notice on the convict (taken into custody) for automatic filling of details in AIS SU and on papers provides one copy of alphabetic accounting card, the copy of sentence and the copy of the identity document in territorial authority КПСиСУ;
3) not undergone dactyloscopic registration in criminal prosecution authority or in the pre-trial detention center (case of private prosecution), is represented to territorial authority КПСиСУ by one copy of the dactyloscopic map with application of a copy of the identity document.
9. In case of identification of violations from the condemned procedure and conditions of serving sentence and non-compliance by the convict with the requirements provided by Articles 53, 67 and 176 WICK RK, the Service of probation in daily time enters data on violation in TsABD.
10. In case of release from punishment of the convict or change of sentence concerning it, and also in case of removal from accounting on the bases provided by part of 1 Article 161 WICK RK, the Service of probation within five working days after receipt of the relevant proceeding decision creates the electronic notice on the convict (taken into custody) with indication of complete data on the basis of removal of the convict from accounting or change of sentence for automatic filling of details in AIS SU and separately on papers provides the copy of the court order which took legal effect.
11. The service of probation for registration calls the convict, in the course of the conversation explain him procedure and conditions of serving sentence, and also responsibility for evasion from control, is specified its biographical particulars, the information about close relatives. Results of conversation are brought in TsABD.
12. From the date of receipt of the court order with the copy of sentence the Service of probation no later than ten calendar days calls the convict to punishment in the form of social jobs and issues the reference direction in form according to appendix 3 to these rules, in local executive bodies in the place of serving condemned punishments in the form of attraction to social jobs at the place of residence of the convict, for accomplishment of social jobs.
Control of accomplishment by convicts of social jobs is exercised by Service of probation at the place of residence of the convict.
13. On principle place of employment of the convict to social jobs the Service of probation in electronic or written type directs the message on release it from work for the period of social jobs.
14. The service of probation in case of the direction of the convict in local executive body hands it the reference direction.
In the reference direction biographical particulars of the convict, its residence and the place of the main work (study), the article of the Criminal Code of RK on which he is condemned the term of social jobs (in hours), date of appearance of the convict in local executive body, procedure for its calculation according to article 58 WICK are specified to RK.
15. Use of work of convicts is performed on a grant basis and does not require certain qualification.
16. The copy of the reference direction, the statement from the order of local executive body on employment for execution of social jobs, the sheet of accounting of worked time and other materials (including, messages, notifications, cover letters) are filed in nomenclature case.
17. Convicts, are involved in accomplishment of the socially useful works which are not requiring any special preparation on improvement of the territories.
18. After obtaining from the convict of information on change of the residence the Service of probation within one working day in electronic or written type directs submission to local executive body about dismissal of the convict and within two working days these data are entered in TsABD.
The service of probation at the new place of residence of the convict no later than ten calendar days causes it and issues it the reference direction for accomplishment of social jobs on new its residence.
In case of change of the residence condemned within the serviced area (city) it is not struck off the register of Service of probation.
19. Provision to the convict of the next leave on principle place of employment does not stop execution of social jobs.
20. The beginning of term of serving of social jobs is day of receipt of the reference direction by local executive body.
21. In case of establishment of the condemned disability of the first or second group on the conclusion of medico-social commission of experts, the Service of probation within one working day following after day of intake of confirmatory materials about establishment of disability in electronic or written type takes to court idea of release it from further serving sentence in form according to appendix 4 to these rules (further – representation).
22. In case of approach of pregnancy of the probation condemned during serving sentence Service in electronic or written type takes to court idea of delay of serving sentence by it from the date of provision of maternity leave, with familiarizing of the reference condemned with indication of date of release from work in connection with pregnancy and childbirth of the reference from the residence and the reference from medical institution.
23. In case of identification of violation from the condemned procedure and conditions of serving sentence, the Service of probation within three working days takes measures for challenge it in Service of probation. In case of arrival of the convict, the Service of probation has with it talk about non-admission of violations of conditions of serving sentence and issues to it the written warning of responsibility in form according to appendix 5 to these rules (further – the prevention) which is filed in nomenclature case and is brought in TsABD.
24. In case of evasion of the convict from serving sentence, the Service of probation within three working days in electronic or written type takes to court idea of replacement of social jobs with arrest, restriction of freedom or imprisonment according to part 2-1 of the article 43 Criminal Code of Kazakhstan.
25. From the date of identification of further violation of procedure and conditions of serving sentence, WICK provided by part 3 of article 60 of RK, the Service of probation within five working days takes to court idea of replacement of social jobs.
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