LAW OF THE KYRGYZ REPUBLIC

of February 24, 2017 No. 34

About probation

Accepted by Jogorku Kenesh of the Kyrgyz Republic on January 12, 2017

Chapter 1. General provisions

Article 1. Purposes and tasks of probation

1. The purposes of probation are safety of society and state, creation of conditions for correction and resocialization of clients of probation, the prevention of making of new offenses by them.

2. Probation tasks:

1) execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action according to the procedure, established by the criminal and executive legislation;

1-1) execution of types of penalties according to the procedure, established by the legislation in the field of offenses;

2) implementation of supervision of persons which are conditionally ahead of schedule exempted from serving sentence in the form of imprisonment for certain term (further - imprisonment), and also to persons to whom delay of execution of the punishment is applied;

3) correction of behavior, forming of right obedient conduct of life;

4) studying of the identity of the client of probation, creation of social and psychological portrait;

5) providing rights, freedoms and legitimate interests of clients of probation;

6) conciliation of the client of probation with the victim;

7) prevention of making by clients of probation of offenses;

8) coordination of implementation of social and rehabilitation programs;

9) exception of negative impact of negatively characterized clients of probation on other clients of probation;

10) exception and overcoming stigma of society to clients of probation.

Article 2. Legal basis of probation

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are applied:

1) probation is the social legal institution of the state applying to clients of probation the package of measures of the state coercion, public impact with their participation in individual social and legal programs based on social research of the personality and directed to correction of clients of probation, prevention of making of offenses, rendering social assistance and taking measures to their resocialization;

2) probation the report - the conclusion of bodies of probation following the results of the conducted social and psychological research of the personality, social conditions and other circumstances promoting crime execution and conclusions about possibility (impossibility) of application of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action;

3) probation supervision - activities of body of probation for control of execution assigned by court to clients of probation of supervising requirements and probation of the obligations and their behavior, to application of package of measures of social and legal nature developed and realized individually concerning person which is under probation supervision for the purpose of its correction and resocialization, correction of behavior, and also the prevention of making of new offenses by it;

4) body of probation - the authorized state body performing execution of the criminal penalties which are not connected with isolation from society, and enforcement powers of criminal law action, supervision of persons to whom delay of execution of the punishment is applied who are conditionally ahead of schedule exempted from correctional facilities with accomplishment of social and legal functions, and also types of penalties for offenses;

5) social assistance - package of measures, directed to overcoming difficult life situation by clients of probation on the basis of individual programs of rendering social legal assistance;

6) resocialization - process of recovery of the social bonds of the client of probation promoting its positive integration into society after departure of punishment or enforcement power of criminal law action;

7) the individual program of rendering social legal assistance - the program of rendering to the client of probation of the social legal assistance based on studying of his personality and requirements constituted by body of probation;

8) difficult life situation - set of the objective and personal circumstances which are the reasons and conditions of committing by person of offenses which effect it cannot independently overcome;

9) system of probation - set of bodies of probation, the state bodies, local government bodies, the public involved in accomplishment of tasks and goal achievement of probation;

10) social housing - the premises which are in the state-owned, municipal or private property and intended for permanent or temporary residence of clients of probation including premises of specialized housing stock;

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