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

of May 23, 2022 No. 369

About introduction of amendments to some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

I ORDER:

1. Bring the following changes in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan:

1) in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 26, 2017 No. 504 "About approval of Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest" (further - Rules No. 504) (it is registered in the Register of state registration of regulatory legal acts for No. 15551):

Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest to be reworded as follows according to appendix to this order;

2) in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 26, 2017 No. 505 "About approval of Regulations of pre-trial detention centers of criminal executive system" (further - Rules No. 505) (it is registered in the Register of state registration of regulatory legal acts for No. 15564):

state preamble in the following edition:

"According to Item 1 of article 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities, special rooms providing temporary isolation from society" I ORDER:";

in Regulations of the pre-trial detention centers of criminal executive system approved by the specified order:

state Item 16 in the following edition:

"16. Placement on cameras of suspects and persons accused is performed according to requirements of article 32 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities, special rooms providing temporary isolation from society" (further - the Law) based on the plan of pokamerny placement for form according to appendix 3 to these rules. The administration of the pre-trial detention center takes measures for exception of contacts between them.

For the purpose of acquaintance of newcomers of suspects and persons accused with procedure and conditions of keeping of the pre-trial detention center, and also for inspection of the state of health and holding sanitary and hygienic actions, carrying out with them psychological inspections, specified persons are located in quarantine department up to 15 days.

Suspects and persons accused accommodate on cameras the duty assistant or his deputy in coordination with the operational worker, and minors, in coordination with the educational work instructor. Accommodation of patients is made on specifying of the health worker. Faces, with infectious diseases are placed in separate cameras. Content term in quarantine is determined proceeding from medical indications.

Single content of persons, with risk of making of suicide, is not allowed, except as specified, the stipulated in Article 32 Laws, at the same time the strengthened supervision by means of system of video surveillance and by exposure of additional (temporary) post is provided.";

state Item 18 in the following edition:

"18. In the medical organizations located in pre-trial detention centers suspects and persons accused take place by types of diseases. Separately men and women, minors and adults contain. Separately suspects and persons accused of making of especially serious and serious crimes contain.";

state Item 31 in the following edition:

"31. Examination of things of suspects and persons accused is made at their presence in case of receipt to the pre-trial detention center, before sending out of its limits, in case of transfer in other camera, hospital of the medical organization located in the pre-trial detention center or settlement to the disciplinary isolation center or to the room of temporary isolation.";

38, 39 to state Items in the following edition:

"38. Acceptance on storage at the suspect or the person accused, objects and food is made komissionno. The structure of the commissions is appointed by the chief of the pre-trial detention center from number of persons employed of department of the mode and protection, the health worker of the medical organization located in the pre-trial detention center for the act.

39. Objects, substances not representing values, and also food are by a court decision destroyed, including: alcoholic drinks or products on spirit basis, products for their production, drugs (except as specified initiations of legal proceedings upon their distribution) and devices for their use, flammable objects and substances, medicines recognized according to the conclusion of the health worker of the medical organization located in the pre-trial detention center unsuitable to proper use, playing cards, erotic, pornographic or propagandizing cult of violence hand-written, graphical, printing, photo and video products (except for the criminal case file), food which consumption poses hazard to life and human health or requiring special storage conditions which cannot be provided in pre-trial detention centers, other objects, substances and food, appointment or properties of which it is impossible to establish or the lost initial consumer properties and others, not entered the List.";

112, of 113, of 114, of 115, 116 to state Items in the following edition:

"112. Suspects and persons accused after receipt to the pre-trial detention center no later than days have obligatory medical examination by health workers of the medical organization located in the pre-trial detention center and also within three working days fluorographic and laboratory inspection. Persons who did not have medical examination contain separately from other suspects and persons accused. Results of medical examination are fixed in the medical out-patient record of the suspect or person accused.

113. Suspects and persons accused ask for medical care the health health worker of the organizations located in the pre-trial detention center during daily bypass it cameras, and in case of acute disease – any employee of the pre-trial detention center. The employee whom the suspect addressed or the person accused takes measures for rendering medical care to him.

114. Medical care is provided in out-patient conditions suspected and accused of cameras, other rooms, and also of specialized offices of the medical organizations located in pre-trial detention centers. Issue of medicines is performed on doctor's orders in the established doses individually on receipt.

115. Acceptance by persons taken into custody of the medicines received from relatives according to Item 3 of article 24 of the Law is performed strictly on medical indications and only under control of health workers of the medical organization located in the pre-trial detention center. At the same time medicines, are stored in the medical organization located in the pre-trial detention center.

116. Under the medical organizations located in pre-trial detention centers stationary departments will be organized. In the cases requiring rendering the specialized stationary help the patients containing in pre-trial detention centers according to Rules of delivery of health care to persons which freedom is limited and also to persons serving sentence according to the court verdict in places of detention, the detainee taken into custody and placed in special facilities approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of October 28, 2020 No. 745 (it is registered in the Register of state registration of regulatory legal acts No. 21534) go to the medical organizations of health care for what the isolated chambers equipped with folding means of protection are allocated.";

state Item 149 in the following edition:

"149. The body of the died suspect and person accused is transferred to storage to morgue of the nearest medical organization of health care poste restante, but no more than for seven days, or before completion of check upon death by authorized body. For receipt of body of the dead his close relatives have the privilege. In case of their absence or refusal in receipt of body, it is issued to the claimed his face.";

the name of appendix of 5 Rules to state in the following edition:

"The resolution on transfer of the suspect accused to the solitary confinement according to the procedure of article 31 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons of the special facilities, special rooms providing temporary isolation from society"";

in appendix of 6 Rules:

1) to state the subitem in the following edition:

"1) food, except requiring thermal treatment and perishable with the expired storage duration, and also yeast, alcoholic beverages and beer;";

11) to state the subitem in the following edition:

"11) toilet accessories (toilet, laundry soap, liquid soap or shampoos (on doctor's orders the medical organization located in the pre-trial detention center), toothpaste, toothbrush, plastic cases for soap and toothbrush, cream, crest, hairbrush);";

27) to state the subitem in the following edition:

"27) medicines on doctor's orders the medical organization located in the pre-trial detention center.

The list of food is limited according to the instruction of authorized body of the state control and supervision in the field of sanitary and epidemiologic wellbeing of the population. The total weight of food, necessities, footwear, clothes and other manufactured goods which the suspect and the person accused to store in case of itself makes not over 35 kilograms, including coffee and tea no more than 2 kilograms. The objects and things which are not provided by this List are prohibited.";

in appendix of 9 Rules:

state Item 1 in the following edition:

"1. According to article 25 of the Law, the administration of the pre-trial detention center provides suspects, persons accused and defendants, in the presence of the corresponding conditions, with the following additional paid household, medical, improving and other types of service:";

state Item 2 in the following edition:

"2. Additional paid services by the suspect, person accused and defendant can be both employees of pre-trial detention centers, and attracted to these purposes with the specialists having the corresponding preparation and the license.";

state Item 3 in the following edition:

"3. For receipt of additional paid service the suspect, the person accused or the defendant writes the application addressed to the chief of the pre-trial detention center with request to withdraw money from its personal account for rendering paid service. The responsible of the pre-trial detention center checks availability of the corresponding amount of money on personal account of the suspect, person accused or defendant, and does mark in the statement then the chief of the pre-trial detention center makes the decision on the substance of request.".

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