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

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 to 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.

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. No. 655 is excluded according to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 08.08.2022

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. No. 655 is excluded according to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 08.08.2022

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.

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