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RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of January 13, 2017 No. 15

About approval of Regulations of correctional facilities of open type

(as amended of the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of 30.08.2019 No. 239)

Based on part 2 of Article 47 of the Penitentiary code of the Republic of Belarus, subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve Regulations of correctional facilities of open type (are applied).

2. Recognize to invalid:

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 212 "About approval of Regulations of correctional facilities of open type" (The national register of legal acts of the Republic of Belarus, 2001, No. 7, 8/4517);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of October 31, 2005 No. 344 "About modification and amendments in the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 212" (The national register of legal acts of the Republic of Belarus, 2005, No. 177, 8/13357);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of August 9, 2006 No. 222 "About modification and amendments in the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 212" (The national register of legal acts of the Republic of Belarus, 2006, No. 145, 8/14907);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of September 26, 2013 No. 437 "About modification and amendments in the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 212 and recognition voided some resolutions of the Ministry of Internal Affairs of the Republic of Belarus and their separate structural elements" (The national legal Internet portal of the Republic of Belarus, 05.11. 2013, 8/28035);

the resolution of the Ministry of Internal Affairs of the Republic of Belarus of June 18, 2014 No. 217 "About modification of the resolution of the Ministry of Internal Affairs of the Republic of Belarus of November 30, 2000 No. 212" (The national legal Internet portal of the Republic of Belarus, 26.07.2014, 8/28926).

3. This resolution becomes effective after its official publication.

Minister militia lieutenant general

I. A. Shunevich

It is approved

Attorney-General of the Republic of Belarus counselor of state of justice of 1 class

January 10, 2017

 

A. V. Konyuk

Approved the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 13, 2017 No. 15

Regulations of correctional facilities of open type

Chapter 1. General provisions

1. These rules determine procedure and conditions of serving sentence in the form of restriction of freedom with the direction in correctional facility of the opened type of criminal executive system of the Ministry of Internal Affairs (further – IUOT) and are obligatory for observance by employees and civil personnel (further – workers) IUOT, the convicts serving sentence in the form of restriction of freedom with the direction in IUOT (further – convicts), and the other persons visiting IUOT.

2. These rules appear condemned on receipt and are placed within IUOT territory borders in the place, available to convicts.

3. For the purposes of these rules close relatives are understood as persons specified in the interlinear note to Article 59 of the Penitentiary code of the Republic of Belarus (further if other is not established, – WICK).

Chapter 2. Limit of number of convicts in IUOT, IUOT equipment

4. The limit of number of convicts in IUOT is set and changes the Minister of Internal Affairs on representation of the head of the department of execution of punishments of the Ministry of Internal Affairs (further – DYNES of the Ministry of Internal Affairs).

5. For each IUOT the limit of number of convicts taking into account regulation of living space on one convict according to part 2-1 of article 48 WICK is set.

6. IUOT are under construction and equipped according to modern requirements taking into account the latest developments in construction and the organization of system of supervision.

7. IUOT, as a rule, are located in one building which has the adjacent territory. Borders of the territory of IUOT are determined according to part 1 of article 47 WICK.

8. In the building of IUOT the residential block which is specially intended for accommodation of convicts (further - the residential block), and the administrative block is allocated.

9. The administrative block is under the round-the-clock protection of service IUOT operational and on duty (further - ODS).

10. In the residential block take place: the rooms intended for accommodation of convicts (further - premises), rooms for preparation and meal, shower and washing rooms, bathrooms, specially equipped smoking areas, rooms of storage of personal belongings of convicts, rooms for holding educational actions, office offices of chiefs of groups of group (department) of the organization of corrective process (further - the chief of group), the chief of department of the organization of corrective process, the senior psychologist (psychologist) of department (group) of department of the organization of corrective process (further - the psychologist). Also in the residential block office offices of other workers of IUOT can be placed.

11. Service premises of ODS, the room for production of personal search, the penal insulator IUOT (further - ShIZO), office offices of employees of accounts department, group (department) of logistic support, group on protection of the state secrets, groups (department) of special accounting, and also warehouses, archive and utility rooms are placed, as a rule, in the administrative block.

12. In IUOT the gym, the room for departure of religious cults, rituals and ceremonies, library, the room of psychological unloading, educational class (room) and other rooms for implementation of educational work with convicts and carrying out leisure by them can be equipped. These rooms, as a rule, are placed in the administrative block.

13. In the adjacent territory of IUOT can take place:

13.1. garages and other utility rooms, access for convicts to which shall be limited;

13.2. the sports ground for holding sports actions.

14. TVs, refrigerators, mobile technical means and systems, electric extenders, other electronic and household appliances can be operated condemned in premises according to their written application with the permission of the chief IUOT.

Chapter 3. Acceptance and distribution of convicts in IUOT

15. Acceptance of convicts in IUOT is performed by the duty assistant to the chief of ODS organization (further – DPNU) and the worker of group (department) of special accounting. Acceptance of the convicts who arrived to time off is performed by DPNU.

16. The convicts who arrived to IUOT are exposed to complete personal search, and the things belonging to them - to examination.

17. Objects and substances which convicts are forbidden to acquire, store and use, according to the list according to appendix 1 (further – the prohibited objects and substances) under the resolution of the chief of IUOT are withdrawn and transferred to storage, either destroyed, or are implemented. Realization of the withdrawn prohibited objects and substances is performed according to part 7 of article 47 WICK.

18. About statement of the convict on accounting in IUOT the decree on registration in form according to appendix 1-1 is issued. Distribution of convicts on groups and premises is made on specifying of the chief of IUOT or its deputies, and in their absence - DPNU.

In case of distribution its berth on which the horizontal plate of 10 by 6 centimeters in size containing the following information is fixed is specified to the convict: surname, own name, middle name (if that is available), the article of the Criminal code of the Republic of Belarus, birth date, punishment term, the beginning and the end of term of punishment. In premises the schemes of arrangement of berths approved by the chief of organization are placed. Entrance doors of premises are equipped with observation ports.

19. Within three working days after arrival in IUOT convicts have medical examination and complete sanitary processing on medical indications.

Chapter 4. General requirements to the organization of daily routine of IUOT

20. In each IUOT for convicts the daily routine of IUOT which determines time is established:

20.1. continuous eight-hour dream of convicts;

20.2. giving of signal "Rise" (further - "Rise");

20.3. giving of signal "Release" (further - "Release");

20.4. carrying out cleaning of premises;

20.5. morning and evening dress of convicts;

20.6. acceptances by convicts of food;

20.7. findings of convicts at work;

20.8. carrying out creations for verification of presence of convicts, and also other supervising actions;

20.9. holding educational actions;

20:10. personal needs of convicts (further - personal time of convicts).

21. Within personal time of IUOT condemned by daily routine time is determined for:

21.1. visits condemned in IUOT by their close relatives and other persons (further if other is not determined, - visitors);

21.2. exit of IUOT condemned for limits for visit of the dwelling of their close relatives;

21.3. exit of IUOT condemned for limits for the solution of household and other private matters;

21.4. carrying out personal acceptance of IUOT condemned by workers.

22. Time of the actions listed in Items 20 and 21 of these rules is determined by the chief of IUOT taking into account features of work of convicts, local conditions and other significant circumstances.

23. IUOT daily routine is installed separately on:

weekdays;

the output, public holidays and holidays established and announced by the President of the Republic of Belarus non-working (further - the days off).

24. The daily routine of IUOT affirms the order of the chief of IUOT, is brought to the attention of convicts in case of registration in IUOT and is placed in the place, public for convicts, within IUOT territory borders.

Chapter 5. Production of verifications of presence of convicts

25. In IUOT verifications of presence of convicts are carried out daily in the morning and in the evening in the hours determined by IUOT daily routine. In need of check can be carried out to other time.

26. For check all convicts who are in IUOT are built on groups in the place established by the chief IUOT (further - creation on check).

27. Availability of convicts is checked according to the personalized list and visually. At the same time survey of the visible signs of bodily harms, alcoholic intoxication, the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances condemned regarding availability is performed.

28. Convicts to whom taking into account the schedule of their work time for continuous eight-hour dream, and also convicts to whom the specialist doctor appoints bed rest is provided are exempted from creation on check. Verification of presence of the specified convicts is carried out by bypass of premises.

29. The organization and conducting checks of convicts is assigned to ODS.

Chapter 6. Procedure for production of search and examination

30.

31. Searches and examinations can be both planned, and unplanned. Frequency of searches and examinations is determined by the chief of IUOT.

32. During searches and examinations the damage of bedding, personal belongings of convicts and other objects caused by need is allowed.

33. Before search and examination by the convict it is offered to hand over the prohibited objects and substances. Then the workers of IUOT executing search or examination consistently inspect hand luggage, outerwear, headdresses and footwear of convicts.

34. Personal search is executed by same-gender persons with convicts and can be complete and incomplete.

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