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LAW OF THE REPUBLIC OF TAJIKISTAN

of July 15, 2004 No. 51

About system of execution of criminal penalty

(as amended on 15-03-2016)

This Law determines tasks, the principles, the main activities and features of legal status of republican body, bodies and organizations of system of execution of criminal penalty and their personnel.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- system of execution of criminal penalty - the special state bodies and organizations of the Republic of Tajikistan providing execution of criminal penalty according to the legislation of the Republic of Tajikistan;

- correctional facility - the body of system of execution of criminal penalty established in form of business of organization, performing criminal penalty in the form of imprisonment;

- special conditions of service - service in the organizations and bodies of system of execution of criminal penalty located in the remote areas, areas with heavy and adverse climate, work in organizations in which the convicts having infectious diseases and mental disturbances, work in the period of the mode of the strengthened service serve sentence;

- the main structural divisions of system of execution of criminal penalty - correctional facilities, pre-trial detention centers, correction centers, inspectorates for corrective works;

- structure of personnel of system of execution of criminal penalty - all persons serving, or working in organizations and bodies of system of execution of criminal penalties;

- republican body of system of execution of criminal penalty the Head department on execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan organizing and providing execution of the laws and other regulatory legal acts regulating activities of system of execution of criminal penalties;

- the protected territory of organization - the protected territory in which the legal regime set by the legislation on execution of criminal penalties is effective;

- the territory of organization - the protected territory of organization, including the territory adjacent to it, determined by local executive bodies in which according to regulatory legal acts the particular legal regime is set;

- service in system of execution of criminal penalty - the special type of public service intended for implementation of national objectives of correction of convicts, assistance in their adaptation to society of achievement of their social resettlement and in the cases established by the legislation powers on use of physical force, special means and firearms are conferred to them;

- correction centers - the special facilities of system of execution of criminal penalty created in organizational legal form of organization, performing punishment in the form of restriction of freedom according to the legislation of the Republic of Tajikistan.

- inspectorate for corrective cases - body of system of execution of criminal penalty which is established in form of business of organization, according to the legislation of the Republic of Tajikistan on execution of criminal penalties, the performing punishments which is not connected with content of convicts in isolation from society and also other measures of legal impact;

- procedure for heavy security - the organization of work of structure of personnel of structural divisions of system of execution of criminal penalty in case of emergency state, or threat of emergence of such provision, for the term necessary for elimination of effects which final duration is established by regulatory legal acts. The type of the strengthened service can provide for personnel of restriction which are established by the law;

- military unit - the military unit providing observation, supervision and convoy of suspects, the persons accused imprisoned in bodies, organizations and structural divisions of system of execution of criminal penalty.

Article 2. Legislation of the Republic of Tajikistan on system of execution of criminal penalty

The legislation on system of execution of criminal penalty is based on the Constitution of the Republic of Tajikistan and consists of the Code of execution of criminal penalties of the Republic of Tajikistan, this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Article 3. Principles of activities of system of execution of criminal penalty

Activities of system of execution of criminal penalty are based on the following principles:

- legality and social justice;

- protection and providing rights and freedoms of man and citizen;

- humanity, opennesses and availability.

Article 4. Tasks of the Ministry of Justice of the Republic of Tajikistan

The Ministry of Justice of the Republic of Tajikistan, directing republican body, bodies and organizations of system of execution of criminal penalty, has the following tasks:

- according to established procedure represents to the Government of the Republic of Tajikistan offers on the organization, reforming and disbandment of republican body of system of execution of criminal penalty;

- creation and program implementation of development, consolidation and enhancement of system of execution of criminal penalty;

- determines and realizes procedure, methods and methods of carrying out the analysis of corruption risks in bodies of system of execution of criminal penalty;

- ensuring activities of republican body, bodies and organizations of system of execution of criminal penalty with necessary information;

- the organization of consideration of offers, statements and claims of citizens and application of corrective measures in the organization of work of bodies and organizations of system of execution of criminal penalty.

Article 5. Powers of the Minister of Justice of the Republic of Tajikistan

The Minister of Justice of the Republic of Tajikistan in relation to republican body, bodies and organizations of system of execution of criminal penalty has the following powers:

- directs judicial authority, has the personal responsibility for accomplishment of the tasks assigned to judicial authorities;

- in coordination with the Attorney-General of the Republic of Tajikistan sets particular treatment;

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