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I.O'S ORDER. MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of September 19, 2014 No. 622

About approval of Rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence

(as amended on 16-07-2018)

According to Article 169 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 I ORDER:

1. Approve the enclosed Rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence.

2. Recognize invalid:

1) the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 21, 2007 No. 340 "About approval of Rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence" (No. registered in the Register of state registration of regulatory legal acts 4947, No. 168 published in the Yuridicheskaya Gazeta newspaper on November 2, 2007 (1371));

2) the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 19, 2010 No. 361 "About modification and amendments in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 21, 2007 No. 340 "About approval of Rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence" (No. registered in the Register of state registration of regulatory legal acts 6867, No. 150-151 (26571-26572)) published in the Kazakhstanskaya Pravda newspaper on May 7, 2011.

3. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide:

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 administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.).

5. This order becomes effective since January 1, 2015.

Acting Minister police major general

E.Turgumbayev

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 19, 2014 No. 622

Rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence

Chapter 1. General provisions

1. These rules of control of behavior of persons exempted conditional ahead of schedule from serving sentence (further - Rules), determine procedure of control of persons exempted conditional ahead of schedule from serving sentence (further - conditionally ahead of schedule exempted) and control of execution of the obligations assigned to them.

2. On arrival at the place of residence conditionally ahead of schedule exempted persons are subject to registration, with statement on preventive accounting of law-enforcement bodies and institution of control case on form according to appendix 1 to these rules.

3. The basis for institution of control case is the court order about parole of person from serving sentence.

4. Law-enforcement bodies:

1) on arrival of conditionally ahead of schedule exempted person to the chosen residence on it open control case and put on preventive accounting;

2) carry out scheduled maintenance on the residence;

3) hold investigation and search operations according to the procedure and on the bases, provided by the Law of the Republic of Kazakhstan of September 15, 1994 "About operational search activities";

4) interact with bodies and organizations of criminal executive system (further - penal correction systems organizations), for the purpose of receipt of information on conditionally ahead of schedule exempted person.

5. The basis of the termination of control of behavior of persons exempted conditional ahead of schedule from serving sentence is condemnation of conditionally ahead of schedule exempted person for making of return to crime with parole cancellation, the termination of term of unexpired part of punishment of parole, parole cancellation, the death of conditionally ahead of schedule exempted person.

6. Control on implementation of scheduled maintenance with conditionally ahead of schedule exempted persons is imposed on the deputy chief of the law-enforcement body supervising local police service, or the head of local police service of city (district) law-enforcement body (dalee-GOROVD).

7. The chief of GOROVD, having received from division of criminal executive system the message concerning conditionally ahead of schedule exempted person, charges to the chief of local police service control of arrival of conditionally ahead of schedule exempted person on the permanent residence.

8. The local police inspector or the local police inspector for minors (further - UIP), from the moment of receipt of the notice from organization, within a day fills task for entering into unified information system "Golden eagle" of Committee of homeland security of the Republic of Kazakhstan (further - EIS "Golden eagle") on prohibition of departure out of limits of the territory of the Republic of Kazakhstan in form according to appendix 2 to these rules. The plan task goes to the chief of local police service of area, city of republican value, the capital, for input to EIS "Golden eagle".

9. After arrival of conditionally ahead of schedule exempted person on the permanent residence the chief of GOROVD charges:

1) to the chief of local police service:

take on preventive accounting and direct the information retrieval card to person (further - IPK-LTs) in territorial subdivisions of information and analysis center (further - IATs), and also information in control rooms, special facilities and complex forces of police;

notify divisions of criminal executive system;

on each fact of making of intentional crime by conditionally ahead of schedule exempted person to carry out functional audit check, with taking measures to elimination of the revealed shortcomings and increase in efficiency of scheduled maintenance of law-enforcement bodies;

2) to take division of criminal police of GOROVD on operational accounting conditionally ahead of schedule exempted person;

3) criminal police, to control rooms, special facilities and complex forces of police of GOROVD timely to provide information in divisions of local police service GOROVD on the facts of offenses from conditionally ahead of schedule exempted persons and the evasion from fulfillment of duties assigned to them by court.

10. UIP has talk with conditionally ahead of schedule exempted person, including about observance of order of registration at the place of residence and controls its timeliness, checks accuracy of the data, specified in IPK-LTs directed from places of detention.

11. Control case is registered in the first part of the magazine of registration of control cases of conditionally ahead of schedule exempted persons in form according to appendix 3 to these rules.

12. Control case is processed during all term of unexpired part of punishment.

13. Conditionally ahead of schedule exempted persons, after the term of unexpired part of punishment are transferred to category of persons falling under operation of the Law of the Republic of Kazakhstan of July 15, 1996 "About administrative supervision of persons exempted from places of detention" and stays on the registry before repayment or removal of criminal record.

14. Concerning conditionally ahead of schedule exempted persons, except for persons who served sentence for the crimes specified in Item 13 of these rules after the term of unexpired part of punishment conducting control case stops.

15. Copies of the certificate of release from places of detention, court verdicts (in case of their absence the local police inspector sends inquiry to penal correction systems organizations), court orders for parole, the requirement about check of criminal record, the printed-out electronic accounting card "Subaccounting Element" of the Integrated databank (further - IBD) on conditionally ahead of schedule exempted, the autobiography, detailed explanation about criminal records and the scheme of bonds in form according to appendix 4 to these rules are filed in control case.

16. In case of moving of conditionally ahead of schedule exempted person on the new place the residence out of limits of area (republic), condemnation for return to crime with parole cancellation, the expiration of unexpired part of punishment or its death, within three working days goes to IATs the notification, for entering of necessary adjustments into IBD.

Chapter 2. Control procedure for conditionally ahead of schedule exempted from serving sentence

17. On arrival to the residence of person which is conditionally ahead of schedule exempted from organization of criminal executive system, UIP within three working days introduces to the chief of GOROVD (person fulfilling its duties) the resolution on establishment of restrictions on the obligations assigned to it by court according to article 169 WICK RK in form according to appendix 5 to these rules.

18. The set restrictions on obligations with the provided subitem 3) of Item 8 of article 169 WICK of RK, concerning prohibition not to leave the residence, studies can change the chief of GOROVD (person fulfilling its duties) depending on operating mode.

19. After registration of UIP explains to conditionally ahead of schedule exempted person, effects making of numerous administrative offenses by it for which administrative punishments, or in case of malicious evasion from fulfillment of duties, stipulated in Article 169 WICK by RK were imposed on it.

20. The resolution on establishment of restrictions to conditionally ahead of schedule exempted person joins materials of control case. The copy of the resolution is handed to conditionally ahead of schedule exempted person under list in the original.

21. In case of non-arrival on the permanent residence, or lack of conditionally ahead of schedule exempted face at the place of residence within 5 working days for the disrespectful reasons and establishment of the facts of malicious evasion from fulfillment of duties, UIP reports on it the official report on the chief of GOROVD (person fulfilling its duties) and holds initial events for establishment of the location which is conditionally ahead of schedule made and the reasons of its non-arrival.

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