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

of August 20, 2014 No. 536

About approval of Rules of the organization of activities for control and supervision of behavior of persons containing in organizations of criminal executive system, and production of examinations and searches

(as amended on 30-07-2015)

According to the subitem 2) to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:

1. Approve Rules of the organization of activities for control and supervision of behavior of persons containing in organizations of criminal executive system, and production of examinations and searches.

2. Declare invalid the subitem 3) of Item 1 of the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 29, 2012 No. 182 "About some questions of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts on May 8, 2012 7630, No. 375-376, 383-384 published in the Kazakhstanskaya Pravda newspaper of October 31, 2012, on November 6, 2012, on November 7, 2012 (27194-27195, 27202-27203, 27204-27206), on November 8, 2012 No. 388-389 (27207-27208).

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) official publication of this order in information system of law of Ad_let and official mass media;

3) placement of this order on the Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan www.mvd.gov.kz.

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 becomes effective after ten calendar days after day of its first official publication, but not earlier than 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 20, 2014 No. 536

Rules of the organization of activities for control and supervision of behavior of persons containing in organizations of criminal executive system, and production of examinations and searches

1. General provisions

1. These rules of the organization of activities for control and supervision of behavior of persons containing in organizations of criminal executive system, and production of examinations and searches (further - Rules), are developed according to Article 97 and 98 of the Penitentiary code of the Republic of Kazakhstan (further - WICK) and determine procedure for the organization of activities of bodies of criminal executive system and divisions of National guard (further - NG) by control and supervision of convicts in organizations of criminal executive system (further - organizations) and productions of examinations.

2. The organization and management of control service and supervision is assigned to the deputy chief of organization on the mode and operational work (the deputy commander of division for service of controllers).

3. Control and supervision in organization is system of the measures aimed at providing process of execution of criminal penalty in the form of imprisonment by constant control behind behavior of convicts in places of their placement and work, the prevention and suppression of their illegal actions, ensuring isolation, and also safety of convicts, staff of administration of organization and the military personnel of NG and is one of means of ensuring of the mode in organization.

4. Control and supervision in organization includes:

1) permanent observation of behavior of convicts for the purpose of prevention and suppression of making by them of new crimes and other antisocial conducts;

2) ensuring accomplishment by convicts of daily routine and requirements of established procedure of serving sentence;

3) implementation of the set access control in case of entrance (exit) to the territory of organization, and also between the residential and production zones isolated by sites, workshops and other objects, condemned procedure for movement, carrying the provided dress code control of observance;

4) carrying out verifications of presence of convicts, including in places of their placement and work;

5) control of operability of engineering obstacles and means of blocking of underground communications and constructions, the isolated sites, the looked-through corridors, and also behind condition of the internal prohibited area and 15 and 50-meter strips adjoining to it. Performance of works, within this territory, are performed only in coordination with management of organization and under the leadership of the staff of regime service of organization;

6) suppression of use by convicts not to destination industrial equipment, the working tool, the electric power, raw materials and materials, the paint and varnish, lubricant and combustible substances kolyushche-cutting and the shock crushing tools, and also prevention of unauthorized construction of different structures, cases, storages, installation and production of tool-grinding and other equipment by them;

7) carrying out searches of convicts, rooms, and also surveys of the territories of living areas and production facilities, detection and money withdrawal, securities, and also other objects, documents, things, products, substances, food which are not permitted to storage and use by convicts;

8) control of behavior of convicts to whom according to WICK accommodation out of organization is authorized;

9) providing procedure for holding appointments of convicts, control of maintaining telephone negotiations by them;

10) examination, check and issue of the sending, transfers and parcels post arriving to convicts;

11) escort of vehicles on the object territories, control of handling works;

12) control of persons working at objects of organization, carrying out personal inspection of these persons, their things and clothes in case of entrance on objects of organization and exit from them;

13) providing procedure for serving sentence by convicts in disciplinary insulators (further - DIZO), strict conditions and solitary confinements (further - OK);

14) prevention and suppression of escapes, nepovinoveniye, intentional causing to of any damage, hooligan actions, other crimes and violations of the mode by convicts;

15) providing procedure and conditions of serving sentence of newcomers of convicts in quarantine rooms;

16) application according to the Law of the Republic of Kazakhstan of January 6, 2011 "About law-enforcement service" and the Law of the Republic of Kazakhstan of June 23, 1992 "About Internal Troops of the Ministry of Internal Affairs of the Republic of Kazakhstan" physical force and special means;

17) survey of appearance of convicts;

18) ensuring maintenance on the territory of organization of employees of the civilian and the certified female structure;

19) monthly (together with divisions of NG) inspections of technical means, supervision, control and protection (further - ИТСНКиО) and elimination of the revealed shortcomings.

5. Control and supervision of convicts in medical institutions and organizations of the minimum safety is performed according to the procedure, established by these rules. Features of control and supervision are reflected in respect of supervision and the sheet to posts in form according to appendix 1 to these rules.

6. For ensuring control and supervision of convicts, the health care which is on treatment in the medical organizations of local state body, according to Rules of delivery of health care to citizens which freedom is limited, and also serving sentence according to the court verdict in places of detention, placed in special facilities approved by the order of the Government of the Republic of Kazakhstan of April 7, 2012 No. 430, the isolated chambers equipped with folding means of protection are allocated, the plan of protection in which the procedure for accomplishment and the organization of service, obligation, structure, order of interaction and actions are considered in case of force majeure is developed.

The decision for the direction of the convict on treatment in medical institution of bodies of health care is made by the chief of organization, or his face replacing with the obligatory notification of management of territorial subdivision of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - territorial subdivision). In case of emergency and at night the decision on the direction of the convict on treatment in medical institution of bodies of health care is made by the duty assistant to the chief of organization (further - DPNU), based on recommendations of medical personnel of organization or emergency medical service, with the obligatory notification of the chief of organization (the chief of the army job specification of controllers (further - NVNK) with the report to the commander of division), or his faces replacement and managements of territorial subdivision.

For service on protection, control and supervision in medical institutions of bodies of health care at least 3 people are appointed to one convict, the senior - the employee of organization and two servicemen from division performing protection, control and supervision in organization which are dressed in uniform, will be equipped with special means, radio station, bullet-proof vest, and also firearms, wearable is reserved.

If condemned - the female is placed in medical institution, then female controllers are appointed to post on its protection.

Instructing of guard in protection, control and supervision in medical institution of bodies of health care is carried out by the deputy chief of organization on the mode and operational work, to its absence responsible from among deputy chief of organization, together with the commander of military division or its deputy for service of controllers. The guard is performed according to the joint schedule approved by the chief of organization and the commander of division with obligatory check at night, once suffices. Results of check are reflected in the sheet on point duty, the magazine of checks.

7. Check of the convicts serving sentence in organization of the minimum safety and being on hospitalization in the medical organizations of local state body health care in coordination with administration of this organization is carried out at least once a day by the staff of organization according to the schedule, by bypass of chambers in which there undergo treatment convicts. In case of violation identification condemned the sick-list of the mode or unauthorized leaving of arrangement of the medical organization by them, measures for their delivery in organization of the minimum safety and conducting the corresponding check are taken. Convicts undergo out-patient treatment under organization of the minimum safety.

8. Control and supervision of convicts when transporting by their railway, road, sea, river and air transport, and also in case of convoy, is provided with staff of organization and guard of military units.

9. The normative number of personnel of control and supervision is established according to sheets of posts.

10. The quantity of posts of controllers on control and supervision, other forces of administration of organization allocated for its implementation, the involved transport and technical means of protection, supervision and control, is determined by the plan of supervision of convicts developed by the chief of organization jointly with the headquarters of military unit and approved by the chief of territorial subdivision and the commander of the military unit performing protection of organization.

11. Taking into account change of number of employees and kontrolersky structure, situation in organization, in the plan of supervision annually, the corrections approved by the chief of territorial subdivision and the commander of part are made. Plans of supervision for each organization are developed in 6 copies: the first - Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - Committee of penal correction system), the second - territorial subdivision, third - organization, the fourth - military division on protection, control and supervision, the fifth - military unit, the sixth - the main command of NG. Statements from the plan of supervision of unclassified nature (special obligations and other documentation) are drawn up at stands of single sample and hung out in DPNU, the room of the army job specification of controllers (further - VNK), places of service of controllers on control and supervision and classes of service.

12. The duty shift as a part of officers of organization and VNK (the job specification of controllers) allocated for accomplishment of tasks on control and supervision of convicts is appointed to service for 12 hours with the 2nd sentry, or 24 hours with the 4th one-hour break for meal and rest. The duty shift carries out the obligations without weapon and is provided with special means and individual means of armored protection. Bypasses at night, and also survey of the territories and rooms of the protected object is performed by two controllers or together with the employee of organization.

2. Procedure for the organization of activities for control and supervision of convicts in organization

Paragraph 1. Planning of actions for control and supervision

13. Planning of actions of control and supervision of convicts in organization includes:

1) plan development of actions for control and supervision;

2) organization of service for control and supervision;

3) control of supervision implementation;

4) summing up service.

14. The actions plan on control and supervision is constituted monthly in which shall be reflected:

1) measures for increase in office skill of staff;

2) measures for prevention and suppression of escapes, crimes and other illegal actions from convicts;

3) measures for implementation ИТСНКиО;

4) measures for work with asset from among convicts;

5) the measures directed to establishment of channels of penetration on objects of money, securities, and also other objects, documents, things, products, substances, the food which are not permitted to storage and use by convicts and taking measures to prevention of their penetration;

6) the measures directed to control of availability of convicts in living and production areas;

7) carrying out visits and searches;

8) tactical and special occupations and doctrines with the private and the commanding structure of administration of organization, the military personnel, and also obyskovy actions with indication of objects of subjects to search;

9) raised forces and funds for control and supervision;

10) place, time and procedure for service;

11) control of service.

In addition, to the actions plan on control and supervision for month, schedules of watch of administrative board of organization, duty shifts, VNK (the job specification of controllers), the schedule of carrying out searches in form according to appendix 2 to these rules are attached.

15. Actions plans on control and supervision and the schedules listed in Item 14 of these rules are developed by the deputy chief of organization on the mode and operational work together with the deputy commander of military division for service of controllers, affirm the chief of organization and are approved by the commander of division. Actions plans and schedules are stored: the deputy chief of organization on the mode and operational work, the second - at the chief has one copy of regime department, department, senior groups, third - at the deputy commander of military division for service of controllers.

16. The plan of supervision consists of the scheme of control and supervision, the prolog, calculation of forces and control facilities and supervision, instructions of persons of duty shift from administration of organization and VNK (the job specification of controllers) on control and supervision, the sheet to posts of persons VNK and combat crew of forces and means for actions in case of force majeure. The isolated sites, (with indication of material of execution and height of barrier) the residential, household, production and other rooms (with indication of names of objects, their sizes and distances to other objects) established according to general requirements to the equipment of organization according to appendix 3 to these rules, posts and routes of service on control and supervision, underground constructions and communications, adjacent to internal forbidden part of zone 15 and 50 meter strips from the main barrier, the shipping place, unloading and way of movement of vehicles, the equipped anticollision means, Items of means of communication and alarm systems, the established means of video surveillance, the place of creation of convicts, and also places, the most vulnerable, in the shoot relation, place of employment and accommodation of the convicts who are on favorable terms contents, notification signals are applied on schemes of control and supervision.

The plan of supervision of organizations of extreme safety also joins floor-by-floor plans of regime cases, with the posts of control and supervision applied on them.

Paragraph 2. Organization of activities for control and supervision

17. The organization of activities for control and supervision includes:

1) acceptance by the chief of organization or replacement his face, the commander of military division of the decision for days on control and supervision of convicts (at night - 1 change, in day - the 2nd change);

2) training of staff of administration of organization and the military personnel of NG, daily passing of medical examination by them regarding possibility of service as a part of duty shift which is carried out by health workers of medical part of organization according to the developed schedule;

3) problem definition and the organization of interaction of forces involved in control and supervision;

4) control of supervision implementation.

18. In case of decision making for days, it is considered:

1) law and order condition in organization for the expired days, types and circumstances of offenses, conditions and the reasons promoting their making in the presence of those;

2) quantity, structure and tasks of duty shift, VNK, option and procedure (schedule) for service;

3) possible actions of convicts in places of their accommodation and stay;

4) the events held by administration of organization together with division of NG for accomplishment of objectives;

5) time and persons designated for check of underground communications (constructions) and control and trace strip (further - PCB), and also other most weak spots for making of escapes and other crimes.

19. The decision on the organization of control and supervision for days is drawn up by the daily sheet of control and supervision in the form according to appendix 4 to these rules developed by the deputy commander of military division for service of controllers, approved with the deputy chief of organization on the mode and operational work which affirms the chief of organization and the commander of military division at least in 12 hours prior to zastupleniye on service of duty shift then DPNU is transferred. After days, after conjoint analysis by the chief of regime department, department, senior groups and the commander of platoon of controllers of results of control and supervision and the report to management of organization and division about accomplishment of the planned actions, the daily sheet of control and supervision is transferred to storage to regime department, department, group, the copy to military division.

20. Training of staff of VNK is carried out in day of zastupleniye on service by the deputy commander of division for service of controllers or the commander of platoon of controllers, and the job specification of controllers of penal correction system the head of department of kontrolersky service or his deputy. It includes:

1) instructing of NVNK (NOC) up to 5 minutes;

2) instructive occupation (at least 50 minutes) with staff of VNK of evening shift on studying of special obligations, new data of situation. Actions in case of incidents by solution introduction, and also according to standard rates and tasks (practical trainings), instructive classes shall be given in the conditions which are not breaking daily routine of organization and the organization of service duty shift;

3) the educational work directed to high-quality accomplishment of tasks of service, increase in vigilance, integrity and respecting the rule of law in case of control and supervision of convicts, reminder on responsibility for violation of the current legislation (at least 20 minutes);

4) material logistics of staff;

5) return of the order on service.

Duration of preparation is determined by features of accomplishment of the forthcoming task, degree of general readiness of staff and other circumstances.

21. NVNK instructs the commander of military division or its deputy for service of controllers, and NOC deputy chief of organization on regime and operational work or the head of department of kontrolersky service. On instructing results of service VNK for last days are led up, the operational situation, tasks to the army job specification of controllers and feature of their accomplishment, and also is specified what needs to be made on training of staff for service and dress code.

22. Instructive classes with staff are given in class with use of schemes and prototypes of objects, visual aids, photos of the convicts inclined to escape, on the town of TSBP of division of NG or are direct on objects (in DIZO, OK, the room of appointments, other posts and rooms).

On instructive occupations the structure of the job specification appears, the operational situation and task of VNK happen, and also representatives of administration on objects are called. During the occupations knowledge of staff of general and special obligations and operations procedure is checked in case of situation complication. Special attention is paid on law enforcement in case of execution of active service, constant control for convicts, observance of requirements of established procedure of serving sentence by them and order of interaction with the division and guard performing protection of organization. The objects and places requiring special control are determined and also time of execution of active service is established.

23. The order on service of VNK is given by the commander of military division or its deputy for service of controllers.

Before return of the order NVNK builds VNK (in odnosherenozhny or dvukhsherenozhny system), checks equipment of persons of the job specification and reports on the commander of military division or its deputy for service of controllers.

For example: "Mister captain! The job specification VNK for statement of the order on service is constructed. NVNK sergeant Abdrakhmanov".

The commander of division (person giving the order) checks readiness of staff for service, appearance then "The Job Specification — Equal" sends the command. "Quietly", lays hand to headdress and gives the order.

In the order VNK are specified:

1) job specification task;

2) measures for non-admission of violations of legality and not office bonds with convicts and their relatives, operations procedure in case of force majeure, natural and other disasters;

3) procedure for maintenance of communication with division, guard and administration of organization;

4) service term;

5) HBHK.

24. After receipt of the order arrives to service of VNK (the job specification of controllers) to DPNU not later than in 20 minutes prior to the beginning of service. NVNK (NOCs) report on it, for example: "Mister major! The VNK (the job specification of controllers) arrived to service en banc. NVNK (NOC) sergeant Abdrakhmanov".

DPNU, having got acquainted with structure of VNK (the job specification of controllers), knowledge of obligations, builds staff of duty shift, checks equipment and reports on readiness for service on the deputy chief of organization on the mode and operational work or replacement his face who together with the deputy commander of division for service of controllers instructs and leads up situation in organization.

When instructing special attention is paid on law enforcement in case of service, constant control for convicts, observance of established procedure of serving sentence, actions by them in case of the complication of operational situation and order of interaction with guard performing protection of organization. The objects and places requiring special control are determined and also service time is established.

In organizations with chamber content during briefing, besides, specific measures for strengthening of control and supervision by exposure of additional (temporary) posts, and also numbers of cameras in which control search, technical inspections, and other orders shall be executed are specified.

To zastupleniye on service DPNU issues to the staff of organization who is taking up as a part of duty shift, the means of communication and also the special means specified in Item 12 of these rules about what makes mark in register of issue of special means to duty shift of organization, and to the army job specification of controllers issue of special means and means of communication is performed by the person on duty on company before receipt of the order on service in division with mark in register of issue of special means and list of person who received special means.

25. With the permission of DPNU, the duty shift, VNK (the job specification of controllers) in the living area starts change, and the persons VNK (the job specification of controllers) designated for service on separately deployed production facilities follow to the place independently and report on the representative of administration on object on arrival.

26. Controllers, taking up posts, by personal survey are convinced of integrity and operability of the equipment of object, condition of PCB, ИТСНКиО, underground communications, places of service, specify situation among convicts, the locations and works inclined to escape.

27. The VNK (the job specification of controllers) which is taking up watch on control and supervision in organization from the moment of entrance and until exit from the territory of organization arrives in subordination of the chief of organization, his deputies, DPNU and serve under its direct management. During service of the person VNK (the job specification of controllers) execute commands only of those persons in whose operational subordination they arrive.

28. Posts of control and supervision are established:

1) DPNU (NVNK), (combined or separately, depending on features of each organization);

2) in DIZO, OK;

3) in strict conditions of serving sentence;

4) in the living area;

5) in production zone;

6) in groups of preferential terms of content;

7) in check-points of the organizations (further - the check point) which are under protection, control and supervision of employees of penal correction system;

8) in medical and sanitary part;

9) in cases of organizations with chamber content of convicts;

10) in quarantine;

11) in control of technical means of control and supervision (operator), (combined or separately, depending on features of each organization);

12) in the room of long and short-term appointment;

13) on maintenance of transport.

In the presence of good causes according to the decision of the chief of organization in coordination with the commander of military unit, on objects of organization additional posts of control and supervision, in local sites of groups with accommodation of convicts in hostels, on sites of separate objects, premises of school, professional lyceum can be established during educational process and other places of stay of convicts.

In the afternoon portable posts of escort of female personnel, and also check of the organizations of the minimum safety condemned on working objects out of the territory are established.

Persons of female (employees, military personnel, civilian workers and other visitors) on the territory of penal correction systems organizations for content of the condemned men, are passed only accompanied by persons VNK (the job specification of controllers), or the employee of organization (man), with the permission of DPNU. Finding of women in the territory of organization without accompanying person is not allowed.

For implementation of escort of persons of female, DPNU determines the responsible person, from among daily details, or the staff of organization. Person which arrived to the check point for escort of women undersigns for the Magazine of escort of female persons, according to appendix 5 to these rules.

Person to whom escort of women is entrusted is responsible for ensuring their personal security during following and stay in the territory of organization or before transfer to their controller of stationary post.

In case of transfer of the accompanied persons, to the controller of stationary post, the corresponding entry in the sheet on point duty is made, further responsibility for ensuring their personal security is conferred on the last.

On conclusion of persons of female from organization, the controller of VNK (the job specification of controllers), or the employee of organization who accompanied them to the check point undersigns for the magazine.

29. VNK (the job specification of controllers) on control and supervision take up service (are replaced) in DIZO and OK under observation of DPNU and NVNK (the chief of the job specification of controllers), and on production facility - the person on duty on production zone or the representative of administration on this object.

30. NVNK (the chief of the job specification of controllers), having accepted reports from controllers on control and supervision about acceptance (delivery) of posts and having accepted (having handed over) property according to the inventory, undersign for the daily sheet of control and supervision. NVNK personally accepts condition of the internal prohibited area, 15 and 50 meter strips of the adjacent territory by bypass on track of controllers. In case of this DPNU of new change writes down all shortcomings and defects found during watch acceptance. On object and the found traces on PCB reports on the revealed shortcomings and defects of equipment ИТСНКиО, the number of convicts on the chief of organization, NVNK - the commander of military division and informs the chief of guard.

31. In case of complication of operational situation, in days off and holidays, and also in case of service by the strengthened option, task forces which submit to DPNIU are appointed the chief of organization. They carry out service as a part of duty shift. In coordination with the commander of military unit the staff of VNK (the job specification of controllers) is transferred to 3-shift service.

32. The employees who are part of task force join in the daily sheet of control and supervision taking into account the working schedule in 2, 3 changes and carry out, under the direction of DPNU, task on control and supervision, observance by convicts of daily routine. In case of complication of operational situation take immediate measures for its normalization. The task force is in organization with service by the day. Task force faces of the commanding structure from all departments and services of organization of the schedule approved by the chief of organization or replacement his face are included.

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