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Ministry of Justice

Republic of Tajikistan 

 On December 8, 2014 No. 922

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 1, 2014 No. 739

About the Program of labor organization and development of industrial production in correctional facilities of the Republic of Tajikistan for 2015-2020

According to article 7 of the Law of the Republic of Tajikistan "About the state forecasts, concepts, strategy and programs of social and economic development of the Republic of Tajikistan" the Government of the Republic of Tajikistan decides:

1. Approve the Program of the organization, work and development of industrial production in correctional facilities of the Republic of Tajikistan for 2015-2020 it (is applied).

2. Financing of this Program to perform at the expense of means of the Government budget, and also other means which are not contradicting the legislation of the Republic of Tajikistan.

3. Annually to provide to the Ministry of Justice of the Republic of Tajikistan in the Government of the Republic of Tajikistan information on the course of accomplishment of the Program of labor organization and development of industrial production in correctional facilities of the Republic of Tajikistan for 2015-2020.

4. To impose control of execution of this resolution on the Ministry of Justice of the Republic of Tajikistan.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of December 1, 2014 No. 739

The program of labor organization and industrial production in correctional facilities of the Republic of Tajikistan for 2015-2020

Preface

In the international covenant "About the civil and political rights" (1966) and the Minimum standard rules of the relations with prisoners which it is accepted in 1955 on the First Congress of the United Nations on prevention of crime and the relation with criminals and it is determined thus: "that all convicts and prisoners according to the physical capability to mental condition shall have labor activity".

The above-stated documents did not determine obligatory work of convicts as forced labor. Also data, obligations are reflected in regulations of the special Section of the general pedagogical theory of corrective education which are determined by socially useful work as fixed asset of education of the person and forming of its moral qualities.

The administration of correctional facilities attracts convicts of dependence on their capability and whenever possible to work according to their qualification. To involve to work of convicts to work in the specialty for correctional facilities is not obligatory the requirement. In case there is no possibility of providing condemned by activities, corresponding on their specialty for the reason lack of this type of production in correctional facility or in communication by its specifics of work of correctional facilities, contradictions special concluded by the corrective purposes, the administration of organization attracts them to work and will provide them according to new with specialty.

In some cases the legislation prohibits to involve convicts in work on available their specialties, for example, when the court verdict to the convict it is appointed, additional punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities (the Art. of ZZ of the Code of execution of criminal penalties of the Republic of Tajikistan).

In connection therewith the requirement of legal acts, the regulating rules of imprisonment (execution of the punishment), are aimed at the organization of development of productive activity in correctional facilities. Therefore they answer the educational purpose and requirements of the doctrine and education as involve convicts in systematic participation in production process and require the organization of modern production base in correctional facilities and requires high professional training.

The economic crisis of last years exerted negative impact on economic situation of correctional facilities of the country and the organization of direct labor of convicts, however this fact cannot become reason for change of the principles of their educational process which is basis of their labor education. Along with it socially useful work of convicts is directed to their wellbeing, health and achievement of useful economic results. With respect thereto participations in direct labor are interested as convicts, and all societies.

1. The legal basis, the purposes and need of labor organization of convicts for their correction and education

1. Process of educational works of convicts in correctional facilities of the Republic of Tajikistan is regulated by normative and legal acts of industry, obliging each individual deprived from freedom to take part in work.

2. According to article 107 of the Code of execution of criminal penalties of the Republic of Tajikistan each convict who is imprisoned owes work on that place which is determined by administration of correctional facility. The administration of correctional facility involves convicts in work at the companies of correctional facilities, at the state companies or the companies other of patterns of ownership with condition of ensuring proper protection and isolation of convicts taking into account their sex, age, working capacity, the state of health and whenever possible their specialty.

3. The labor activity of convicts is fixed asset of education concerning preserving procedure and discipline in places of execution of criminal penalties. Work of convicts allows in modern conditions to function normally to correctional facility, to provide needs of convicts, to help families, to save up necessary means for the device after punishment departure.

4. The main need of involvement of convicts in production, first of all, is the solution of questions of their education. Despite it shall attract in attention and be authorized also economic indicators of production economic activity of correctional facility. Work of convicts, especially in present conditions, shall be used as fixed asset for expense recovery of the means allocated from the republican budget for maintenance of system of execution of the punishment.

5. Involvement of convicts on paid work also compensation of the brought damage to the state and physical persons is the main source for covering, the caused loss. Such action can exert positive impact on the solution of questions of expansion, updating and technical re-equipment of the companies, organizations, normalization of their financial position and increase in the employment level of convicts.

2. Features and the valid condition of production organization in correctional facilities of the Republic of Tajikistan

6. At the companies of correctional facilities, at the state companies or the companies of other patterns of ownership convicts are involved in work on condition of ensuring proper protection and isolation of convicts. Convicts also have the right to be engaged in individual labor activity.

7. The work of convicts finding in prisons will be organized only in the territory of prison.

8. In regulations of correctional facilities the list of works and positions on which it is forbidden to use convicts are determined. Production economic activity of correctional facilities shall have communication with their main objective to correction of convicts and shall not create obstacles to its realization.

9. The system of Head department of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan includes 19 organizations of execution of criminal penalties from which 10 organizations have production enterprises and are engaged in industrial production of the following produktion: processing of material from wood, metal working, sewing products, production of burned brick and other construction materials, release of goods of everyday demand of the population.

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