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

of November 17, 2014 No. 819

About approval of Regulations of organizations of criminal executive system

(as amended on 07-11-2023)

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

1. Approve the enclosed Regulations of organizations of criminal executive system.

2. Declare invalid the subitem 4) 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 newspapers "Kazakhstanskaya Pravda" 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 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 the deputy minister of internal affairs of the Republic of Kazakhstan police colonel Bisenkulov B. B. and 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 November 17, 2014 No. 819

Regulations of organizations of criminal executive system

Chapter 1. General provisions

1. These rules of internal rules and procedures of organizations of criminal executive system (further - Rules) parts 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 are developed according to the subitem 16) (further - WICK) and determine internal rules and procedures of organizations of criminal executive system (further - organization) for the purpose of providing serving sentence conditions in them and execution of the punishment.

2. These rules include:

1) procedure for acceptance of convicts to imprisonment in organization;

2) relations of convicts and personnel of organizations;

3) daily routine in organization;

4) acquisition by convicts to imprisonment of food and necessities, receipt by convicts of sending, transfers and parcels post, provision of the additional services, procedure for withdrawal prohibited to use in organizations of things and documents;

5) correspondence of convicts to imprisonment, departure and receipt of money transfers, appointments of convicts to imprisonment, telephone negotiations of convicts to imprisonment;

6) procedure for provision by the convict of departures out of limits of organization;

7) procedure for serving sentence of convicts in strict conditions, conditions of detention of prisoners in disciplinary insulators, solitary confinements and rooms of temporary isolation, the safe place, in cameras of organizations;

8) features of serving sentence of convicts to lifelong imprisonment and convicts to whom punishment in the form of capital punishment is replaced with imprisonment according to the procedure of pardon or in connection with application of the law abolishing the death penalty (further - convicts to PLS and SKZLS), and also containing in organizations of the minimum safety;

9) procedure for behavior of the convicts serving sentence in preferential terms which are granted residence right outside organizations;

10) features of serving sentence of the convicts containing in the medical organizations located in organizations.

Chapter 2. Procedure for acceptance of convicts to imprisonment in organizations

3. Acceptance of convicts in organization is performed by the duty assistant to the chief of organization (further - the person on duty) with participation of employees of special department and the medical organization located in organization at check-point of organization. Employees engagement to overtime works is performed according to the Labor code of the Republic of Kazakhstan.

4. Acceptance of convicts to PLS and SKZLS, is performed by management of organization, the person on duty, the staff of operational and regime divisions and the health worker. For the purpose of exception of illegal actions from convicts there are controllers of reserve group.

5. During acceptance of convicts in organization, the person on duty checks integrity of paper packets with personal records of convicts, and also integrity and availability of mastic seals, verifies the arrived convicts with documents of personal records (identity documents, the certificate on availability of specialty, the medical record and other documents on private business), checks clothes compliance on season of the arrived convicts. In cases of damage of paper packet or mastic seal, together with the chief of guard, draws up the statement (in any form).

In case of discrepancy of the photo of the convict, biographical particulars with the reference on private business, absence at the convicts of clothes who arrived to organization on season, documents in personal records, the medical certificate about the state of health, the commission draws up the reconciliation statement of availability of documents in the personal record in form according to appendix 1 to these rules and directs it on instance for taking measures.

In case of availability in the personal record of materials about settlement of the convict to the disciplinary isolation center or the solitary confinement he is transferred to the specified placement for not served sentence of disciplinary punishment.

6. After verification of the data specified in Item 5 of these rules, condemned accompanied by the person on duty and the job specification of controllers, are forwarded in quarantine department (the convict to PLS and SKZLS, previously eyes puts on bandages from opaque material, for the purpose of exception of possibility of storing of arrangement of objects of organization by them) where are exposed to complete search, and the things belonging to them - to examination.

Before carrying out complete search and examination of things, convicts are offered to hand over voluntarily available in case of themselves and personal belongings the things which are not provided by these rules, products, substances, documents and food. In case of voluntary surrender by convicts of the objects and things which are not provided by these rules measures of disciplinary punishment are not applied to them.

7. The health worker performs external examination of convicts, for the purpose of detection at them of injuries and signs of skin and infectious diseases. About the fact of detection of bodily harms it is immediately reported in writing to the prosecutor. Further, the washing of convicts and complete sanitary processing is made. After that, convicts accommodate in quarantine department where behind them medical observation lasting up to 15 (fifteen) days is established, physical examination, including for convicts to PLS and SKZLS is conducted. During stay in quarantine department convicts are in usual conditions of serving sentence. Psychologists of organization carry out work on studying of the identity of newcomers of convicts, their adaptations to new conditions. Persons inclined to suicide, intentional causing to themselves any bodily harm and to other illegal actions come to light. By results of studying psychological portraits on each newcomer of the convict are constituted, recommendations about work with them are made in the relevant services of organization. In case of identification during this period of infectious patients, they are isolated, in organization the complex of anti-epidemic events is held.

In case of transfer of the convict from quarantine department to the disciplinary isolation center, the solitary confinement or the medical organization located in organization for receipt of medical care in stationary conditions, content in this room is set off stays in quarantine department in time.

8. In the time spent in quarantine department information in writing under list about procedure and conditions of serving sentence, about the rights and obligations, according to the Penitentiary code of the Republic of Kazakhstan and these rules is provided to convicts, are warned about responsibility for violation of procedure for serving sentence. To them it is explained about application in organization of technical means of supervision, control and protection, in the cases provided by the Law of the Republic of Kazakhstan "About law-enforcement service", use of physical force, special means and weapon, and in cases of group nepovinoveniye and mass riots of convicts about input of the mode of special conditions in organization.

For the purpose of the prevention and suppression of violations of procedure for serving sentence by convicts, non-admission of tortures and other illegal actions from administration of organizations, video cameras are established in places of the toilets determined by the commission, except for, washing and shower rooms, baths and sleeping rooms of rooms of long appointments. At the same time, rooms where external corporal examination of convicts is performed, are equipped with screens.

In organizations and rooms for content of women by operators female employees are appointed.

The storage duration of videoarchive constitutes at least 60 days.

Provision of copies of records is made by official request of higher bodies of criminal executive system, criminal prosecution authorities, court, prosecutor's office, and also lawyers and representatives of the victims according to the procedure, provided by the Code of penal procedure.

9. Convicts are provided with ware property, bed and bedding according to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 5, 2023 to No. 448 "About approval of natural regulations of food and material and household providing the suspects, persons accused and convicts containing in organizations of criminal executive system" (further - natural regulations).

In the sleeping room the scheme of accommodation of convicts on berths is in a visible place established.

Persons with disability of the first and second group which are not capable to self-service and movement without special vehicles (wheelchair) in the presence of opportunity live on the first floors of buildings of hostels.

Berths do not change and are not curtained.

The model of seasonings of bed is established in form according to appendix 2 to these rules.

The convict is not allowed to use berth in time which is not allowed by daily routine for dream, except vacationers after night work and having release due to illness with bed rest.

10. Convicts have the tidy appearance providing short hairstyle of hairy parts of the head to one and a half centimeters (except for the condemned women), accurately cut moustaches, and also the shaved beard.

11. The decision on distribution of convicts on groups (departments) and cameras taking into account their personal features, attraction them to work, training in system of general and professional education is accepted by the commission of organization headed by the chief of organization. The commissions are included deputy chief of organization, representatives of security services, operational, regime, educational, special, psychological, production services and the medical organization located in organization. In organizations of average safety for content of minors of the commission, besides, employees of comprehensive school and technological school are included. By results of discussion of the commission the order of the chief of organization is issued.

Condemned for the crimes which are not connected using violence contain separately, except for condemned for terrorist or extremist crimes.

12. Excluded

Chapter 3. Relations of convicts and personnel of organizations

13. In case of meeting with the staff of organizations, persons authorized on control and supervision of behavior of convicts and other officials visiting the organizations condemned rise (stop), legs have together, hands on seams and greet them "Salemets_z be" or "Hello", at the same time, handshake is not allowed.

14. Convicts address the staff of organization, persons authorized on control and supervision of behavior of convicts on "you", calling them "mister" or "mister officer" and further on rank, and also on name and middle name.

15. The staff of organization addresses convicts on "you" and calls them "the citizen the convict", "condemned", on surname or name and middle name (in case of its availability). In organizations of average safety for content of minors employees can address convicts also on "You" and to call them "pupil", "pupil", and also by name.

16. The personnel of organizations are not allowed to enter any relations with convicts and their relatives which are not caused by interests of service and also to use their services which are not regulated by the criminal and executive legislation and these rules.

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