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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2016 No. 38-VI ZRK

About probation

(as amended on 30-12-2021)

This Law governs the public relations in the field of the organization and functioning of probation and establishes concept, the purpose, tasks, the principles, types and forms of implementation of probation, and also legal status of persons to which the probation, and the subjects performing it is applied.

Chapter 1. General provisions

Article 1. Concept, purpose and tasks of probation

1. Probation - system of the types of activity and individually determined measures of control and social and legal nature directed to correction of behavior of persons whose categories are determined by the law, for the prevention of making of criminal offenses by them.

2. The purpose of probation is assistance in safety of society in the way:

1) corrections of behavior of the suspect, person accused;

2) resocialization of the convict;

3) social adaptation and rehabilitation of person exempted from organization of criminal and executive (penitentiary) system.

3. According to the specified purpose tasks of probation are:

1) rendering social legal assistance to persons to whom the probation is applied;

2) execution of the types of the punishments which are not connected with imprisonment determined by the law;

3) implementation of probation of control of convicts concerning whom it is established by court;

4) preparation for release of the convict serving sentence in organization of criminal and executive (penitentiary) system.

Article 2. Legislation of the Republic of Kazakhstan on probation

1. The legislation of the Republic of Kazakhstan on probation is based on the Constitution of the Republic of Kazakhstan, consists of Criminal, Criminal procedure and Criminal and executive codes of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The international agreements ratified by the Republic of Kazakhstan have priority before this Law and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 3. Basic principles of probation

The probation is based on the principles:

1) observance of the rights, freedoms and legitimate interests of man and citizen;

2) legality;

3) humanity;

4) publicity, except for the data constituting the state secrets and other secret protected by the law;

5) the differentiated and individual approach when scoping social legal assistance and implementing probation of control concerning persons to whom the probation is applied;

6) stimulations of right obedient and active socially useful behavior of persons to which the probation is applied;

7) interactions of the subjects performing probation.

Article 4. Persons to whom the probation, their rights and obligation is applied

1. Categories of persons to which the probation is applied are determined Criminal and Criminal and executive by codes of the Republic of Kazakhstan, and also this Law.

2. Persons to whom the probation is applied have the right on:

1) the address, receipt of data in native or other language which they know, about the rights and obligations, the punishment applied by court, procedure and conditions of execution of other measures of criminal law action, their changes, and also procedure for submission of offers, statements and claims;

2) appeal of actions or failure to act of the subjects performing probation, according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) participation in actions for resocialization, social adaptation and rehabilitation according to the procedure, established by the legislation of the Republic of Kazakhstan.

Persons specified in Item 1 of this Article have also other rights, stipulated by the legislation the Republic of Kazakhstan.

3. Persons to whom the probation is applied shall:

1) to perform and comply with procedure and conditions of probation of control;

2) No. 95-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2021

3) to fulfill legal requirements of the subjects performing probation;

4) to represent authentic data to the subjects performing probation.

Persons specified in Item 1 of this Article perform also other duties provided by the law.

Article 5. Forms of implementation of probation

1. The probation is performed in forms of probation of control and rendering social legal assistance to persons staying on the registry of service of probation.

2. Probation control represents activities of service of probation and police for control of execution by persons staying on their registry, the obligations assigned to them by the law and court.

3. Social legal assistance - package of measures, realized by the subjects performing probation, directed to resocialization, social adaptation and rehabilitation of persons to which the probation is applied.

Article 6. Measures of resocialization, social adaptation and rehabilitation of persons to which the probation is applied

1. Resocialization, social adaptation and rehabilitation of persons to which the probation is applied are provided in the way:

1) rendering social legal assistance on questions:

receipts of medical services;

receipts of secondary education;

mastering profession (professional training, retraining and advanced training);

assistance in employment;

ensuring psychological maintenance;

receipts of the privileges established by the legislation of the Republic of Kazakhstan and social payments;

2) the assistance in recovery and forming of the supporting system of social bonds including:

social and psychological and psychological consultations;

social patronage;

the help in recovery of family and other social positive links on condition of mutual consent of the parties;

3) the social adaptation including:

ensuring stay with the place;

organization of rehabilitation actions;

attraction to participation in cultural actions;

4) provisions of consultations according to social legal issues.

2. Measures, stipulated in Item 1 this Article, are implemented by the subjects performing probation.

Chapter 2. The subjects performing probation and their competence

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