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

of August 15, 2014 No. 511

About approval of Rules of the organization of activities of service of probation

(as amended on 28-04-2021)

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 14, 2014 No. 511

Rules of the organization of activities of service of probation

Chapter 1. General provisions

1. These rules of the organization of activities of service of probation (further - Rules) are developed according to the Criminal Code of Kazakhstan of July 3, 2014, the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, the Penitentiary code from the Republic of Kazakhstan of July 5, 2014 (further – WICK), the Law of the Republic of Kazakhstan "About probation" of December 30, 2016 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 sentence, the resolution which took legal effect.

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).

Chapter 2. Procedure for the organization of activities of service of probation

Paragraph 1. Main objectives of Service of probation

4. The main objectives of Service of probation are:

1) execution of the punishment in the form of social and corrective works, deprivations of the right to hold certain positions or to be engaged in certain activities;

2) implementation of probation of control of behavior of persons, convicts conditionally and to restriction of freedom in the place of their accommodation;

3) control of the behavior of the condemned expectant mothers and women having juvenile children, and men alone raising juvenile children to whom court serving sentence is delayed;

4) implementation of preparation of the pre-judicial report concerning the suspect, the person accused;

5) rendering assistance in receipt of social legal assistance to persons concerning whom the court establishes probation control and the court exempted from places of detention, concerning which administrative supervision which imprisonment is replaced with the penalty which served the sentence of custodial sanction appointed by court is established;

6) withdrawal of the state awards and documents to them;

7) implementation of interaction with divisions of prosecutor's office, local authorities of military management, local executive bodies, courts and public associations, with administration of the companies, organizations and the organizations in which convicts study or work;

8) according to Article 476 of the Code of penal procedure of the Republic of Kazakhstan bring submissions to court for the solution of the following questions:

about replacement of corrective works - attraction to social jobs, arrest, restriction of freedom or imprisonment;

about replacement of attraction to social jobs - on arrest, restriction of freedom or imprisonment, in case of malicious evasion from social jobs;

about replacement of restriction of freedom - imprisonment, in case of malicious evasion from serving sentence by person condemned to restriction of freedom;

about release from execution of the rest of corrective works in case of full disablement;

about the announcement, the termination of search and election of measure of restraint concerning the persons condemned to the punishment which is not connected with isolation from society, who disappeared from control evading from serving sentence;

about parole from serving sentence of convicts to restriction of freedom and corrective works;

about cancellation of conditional condemnation or prolongation of term of probation of control;

about cancellation fully or partially the obligations which are earlier established for the convict to restriction of freedom;

about offsetting of time of detention;

about cancellation of delay of execution of the punishment;

about release from punishment or mitigation of punishment owing to the edition of the penal statute, retroactive or canceling criminal liability for committed act, and also the act of amnesty;

about release from punishment in connection with disease using or without application of enforcement powers of medical nature;

about decrease in the size of payroll deductions of the convict to corrective works according to the criminal and executive legislation of the Republic of Kazakhstan.

5. Territorial Services of probation:

1) deprivations of the right to hold certain positions or to be engaged in certain activities, to restriction of freedom, the condemned expectant mothers and women having juvenile children, and men perform registration of convicts to punishment in the form of social and corrective works, alone raising juvenile children to whom court serving sentence is delayed, persons, convicts it is conditional (further - convicts) in daily time, without days off and holidays, from the date of:

receipts of sentence or the court order which took legal effect, the act of amnesty and its application, the act of pardon on paper or in the form of the electronic document;

receipts by means of the Centralized automated database (further - TsABD) personal, control or accumulative records from Services of probation in connection with change of the residence, or from organizations of criminal executive system;

1-1) within two working days enter data in TsABD on convicts in case of statement or removal from accounting, and within a day data on execution and serving of punishments and other measures of criminal law action;

2) perform check of the condemned persons 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;

3) at least once a month (in villages, settlements, rural districts at least once a quarter) carry out scheduled maintenance on the residence with convicts (holding conversations about non-admission of offenses, and also violations of conditions of serving of punishments);

4) carry quarterly out reconciliation with territorial administration КПСиСУ according to the exposed notices on convicts about what statements of reconciliations according to the exposed notices and alphabetic accounting cards of F-1 concerning convicts, to the punishments which are not connected with isolation from society in form according to appendix 1 to these rules, in duplicate are drawn up;

5) carry monthly out reconciliation with operational search divisions according to lists of persons who are wanted about what the reconciliation statement on the condemned persons who are wanted in form according to appendix 2 to these rules, in duplicate is drawn up;

6) monthly to divisions of local police service is sent by lists of persons staying on the registry of Service of probation for increase in knowledge of local police inspectors and for minors;

7) hold initial search events for establishment of persons staying on the registry which location is unknown;

8) strike off the register of convicts;

9) perform the following operations with documents:

document registration of the entering and outgoing correspondence;

control of execution of documents;

operational storage and use of documents;

document transfer on storage in departmental archive;

Seals and stamps which are stored in safes or the sealed fireproof metal cases have 10) available.

Paragraph 2. The organization of statement of convicts on accounting of Service of probation

6. In case of acceptance of sentence to execution, Service of probation:

1) registers in day of receipt the copy of sentence (resolution) together with appendices to it in the magazine of incoming documents, and then within two working days enters data of the convict in TsABD and in the register of convicts numbered, strung together and sealed by seal (to social jobs, to corrective works, to restriction of freedom, to deprivation of the right to hold certain positions or to be engaged in certain activities, persons, convicts it is conditional, the expectant mothers and women having juvenile children, and the men alone raising juvenile children, execution of the punishment which it is delayed) and exempted conditional ahead of schedule from places of detention, exempted of places of detention concerning which court is established administrative supervision which imprisonment is replaced with penalty, served appointed by court the sentence of custodial sanction and persons falling under pre-judicial probation in forms according to appendices 3-13 to these rules.

In the same procedure the personal and control records which arrived from other Services of probation, in connection with change of the residence of convicts and arrived from organizations of criminal executive system, including by introduction data in TsABD are registered;

From the moment of registration of the convict takes 2) within two working days to court, the pronounced sentence, the notice on adoption of the judgment to execution in form, according to appendix 14 to these rules; 

3) in daily time from the moment of registration of the convict fills control сроковую card in form, according to appendix 15 to these rules which is placed in the corresponding card-index of Service of probation;

4) after registration of the copy of sentence, in addition fills on the convict:

to social jobs – accounting card (which is located in card-index), the personal record and registration leaf in forms, according to appendices 16, 17 and 18 to these rules;

to corrective works - registration leaf, accounting card and the personal record in forms, according to appendices 18, 19 and 20 to these rules;

to restriction of freedom - registration leaf and the personal record in forms, according to appendices 18 and 21 to these rules;

to punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities - the personal record in form, according to appendix 22 to these rules;

on persons, convicts it is conditional - registration leaf, control case on forms, according to appendices 18 and 23 to these rules;

on the condemned expectant mothers and women having juvenile children, and the men alone raising juvenile children to whom serving sentence delay - control case on form is applied according to appendix 23 to these rules;

on persons exempted conditional ahead of schedule from places of detention - registration leaf, accumulative case on forms, according to appendices 18 and 24 to these rules;

on persons exempted from places of detention concerning which the court establishes administrative supervision which imprisonment is replaced with the penalty which served the sentence of custodial sanction appointed by court - accumulative cases on form, according to appendix 24 to these rules;

on persons subgiving under pre-judicial probation - accumulative case on form, according to appendix 25 to these rules.

7. Sequence numbers of personal, control, accumulative record, accounting card and control сроковой cards correspond to number of the sentence registered in register of convicts and exempted conditional ahead of schedule from the places of detention exempted from places of detention concerning which the court establishes administrative supervision.

8. Personal, control and accumulative records are stored in safes or the sealed fireproof metal cases.

9. Personal, control and accumulative case of the convict consists of two parts:

in the first part the materials which are the basis for registration (sentence, determination, the resolution, the certificate of the introduction in legal force), copies of notices, messages, the registration sheet and the single sheet for the marks checking on case studying are filed;

in the second part - the characterizing materials relating to the organization and implementation of process of execution of the punishment, rendering assistance in receipt of social legal assistance. All documents are filed in chronological procedure, numbered and entered in the inventory.

10. Within five working days after registration of the convict, the Service of probation creates the electronic notice on the convict (taken into custody) in form, according to appendix 5 to Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense 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 and use 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 copies of sentence, the copy of the document, proving the identity in territorial administration КПСиСУ.

On person condemned by court of other area, city of republican value, the capital fills one copy of alphabetic accounting card in form, according to appendix 1 to Rules of maintaining and use of special accounting of persons and creates the electronic notice on the convict (taken into custody) for automatic filling of details in AIS SU and separately on papers provides one copy of alphabetic accounting card, the copy of sentence, the copy of the identity document in territorial administration КПСиСУ. The copy of the notice is filed in the first part of case in chronological procedure.

The service of probation within five working days after statement on the accounting of person which did not undergo dactyloscopic registration in criminal prosecution authority or in the pre-trial detention center (case of private prosecution) represents one copy of the dactyloscopic map with application of a copy of the identity document to territorial administration КПСиСУ.

10-1. 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 Penitentiary codes of the Republic of Kazakhstan, the Service of probation in daily time enters data on violation in TsABD.

11. In case of release from punishment of the convict or change of sentence concerning it, removal from accounting, 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 in territorial administration КПСиСУ. The copy of the notice is filed in the second part of case in chronological procedure.

12. 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 and persons who exert impact on the convict for control of his behavior. After the had talk the reference conversation is constituted and the subscription in form according to appendix 26 to these rules which is filed in personal or control record of the convict is taken away from the convict.

If the convict aged from eighteen up to twenty seven years did not pass and is subject to appeal on the conscription military service Service of Probation sends to local body of military management the message on statement it on accounting in form according to appendix 27 to these rules.

Paragraph 3. Execution of the punishment in the form of attraction to social jobs

13. From the date of receipt of the corresponding 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 28 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.

14. On principle place of employment of the convict to social jobs the Service of probation directs the message on release it from work for the period of social jobs.

15. 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 Kazakhstan (further - the Criminal Code of Kazakhstan) are specified under 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 of the Penitentiary code of the Republic of Kazakhstan (further - WICK RK).

16. Use of work of convicts is performed on a grant basis and does not require certain qualification.

17. 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, etc.) join the personal record of the convict.

18. Convicts, are involved in accomplishment of the socially useful works which are not requiring any special preparation on improvement of the territories.

19. When obtaining from the condemned notification on change of the residence Service of probation:

within one working day directs submission to local executive body about dismissal of the convict;

within one working day by e-mail on the intranet portal of state bodies (further - IPGO) informs Service of probation in the new place to residence of the convict;

within two working days directs by means of TsABD and registered mail the personal record and accounting card.

The service of probation at the new place of residence condemned within one working day from the date of receipt of the personal record and accounting card by means of TsABD issues to the convict the reference direction for accomplishment of social jobs at the new place of residence of the convict, and also by means of IPGO informs on obtaining by registered mail of the personal record and accounting card.

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