RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of February 10, 2023 No. 58

About modification of the order of the Government of the Kyrgyz Republic "About questions of creation of body of probation in the Kyrgyz Republic" of December 31, 2018 No. 666

For the purpose of optimization and enhancement of activities of body of probation, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Bring in the order of the Government of the Kyrgyz Republic "About questions of creation of body of probation in the Kyrgyz Republic" of December 31, 2018 No. 666 the following change:

- To state the procedure for application of probation and the customer accounting approved by the above-stated resolution in edition according to appendix to this resolution.

2. Recognize to invalid:

1) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About questions of creation of body of probation in the Kyrgyz Republic" of December 31, 2018 No. 666" of April 19, 2021 No. 152;

2) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About questions of creation of body of probation in the Kyrgyz Republic" of December 31, 2018 No. 666" of December 29, 2021 No. 354.

3. This resolution becomes effective after seven days from the date of official publication.

Appendix

"Appendix 2

Procedure for application of probation and customer accounting

Chapter 1. General provisions

1. This Procedure for application of probation and the customer accounting (further - the Procedure) determines procedure for execution of the punishments which are not connected with isolation from society, and other enforcement powers of criminal law action, the organization and control, supervision of clients of probation and rendering to them assistance in resocialization in interaction with state bodies, local public administrations, local government bodies and the public.

2. In this Procedure the following concepts are used:

1) body of probation (further - authorized body) - 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 which execution of the punishment is delayed which are conditionally ahead of schedule exempted from correctional facilities with accomplishment of social and legal functions, and also types of penalties for offenses;

2) the client of probation (further - the client) - physical person which status is determined by article 5 of the Law of the Kyrgyz Republic "About probation";

3) the volunteer of probation (further - the volunteer) - person, voluntarily and gratuitously giving help of probation to bodies;

4) territorial subdivision of authorized body (further - territorial subdivision) - territorial subdivision of 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 which execution of the punishment is delayed which are conditionally ahead of schedule exempted from correctional facilities with accomplishment of social and legal functions, and also types of penalties for offenses;

5) the automated information system "Probation" (further - AIS "Probation") - the information system intended for collection, processing and storage of information about the clients of probation taken concerning them the measures provided by the penal legislation of the Kyrgyz Republic, and also the legislation of the Kyrgyz Republic in the field of offenses, probation;

6) the individual program of rendering social legal assistance (further - the Program) - the program of rendering to the client of probation of the social legal assistance based on studying of his personality and requirements constituted by territorial subdivision;

7) the plan of probation of supervision (further - the Plan) - the document constituted by territorial subdivision on control of the client of probation on execution of the obligations assigned to it by court;

8) electronic supervision - the supervision exercised by territorial subdivision behind observance of supervising requirements and execution of probation of the obligations assigned by court to clients of probation using electronic and technical devices;

9) electronic and technical devices - the program and technical means intended for electronic supervision, providing uninterrupted customer relation and remote observation of their movement during the established time.

3. Clients have the rights and obligations of citizens of the Kyrgyz Republic with the restrictions set by the Constitution of the Kyrgyz Republic, the Criminal code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses, the Code of penal procedure of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic, the legislation of the Kyrgyz Republic in the field of probation.

4. The requirements of authorized body provided by this Procedure and the legislation of the Kyrgyz Republic in the field of probation are obligatory for execution by citizens and officials, the companies, organizations or organizations irrespective of pattern of ownership in all territory of the Kyrgyz Republic.

Failure to meet requirements of authorized body, untimely provision or provision of unreliable information and data attracts the responsibility provided by the Code of the Kyrgyz Republic about offenses.

Chapter 2. Functions of authorized body and its territorial subdivisions

5. The authorized body exercises control of territorial subdivisions and control of their activities.

6. The authorized body performs the following functions:

1) within competence will be organized by cooperation with state bodies, local government bodies, the international and non-profit organizations, the public;

2) is provided by functioning of AIS "Probation" within the competence;

3) is performed by reception of citizens, consideration of offers, statements and claims on probatsionny activities;

4) reveals the needs for professional training of employees, volunteers;

5) performs other functions, stipulated by the legislation the Kyrgyz Republic in the field of probation.

7. Territorial subdivisions:

1) is performed by penalties for the offenses, criminal penalties which are not connected with isolation from society, enforcement powers of criminal law action;

2) perform at the request of court preparation of probation of reports concerning persons accused;

3) exercise supervision and control of clients, for the purpose of the prevention of making of returns to crime and offenses by them;

4) is performed by actions for training of the clients who are subject to parole from serving sentence in the form of imprisonment;

5) give social and legal, psychological help to the client in the forms provided by the Law of the Kyrgyz Republic "About probation".

Chapter 3. Registration and registration of clients of probation

§ 1. Registration of clients

8. The territorial subdivision accepts on accounting of the client based on the court order which arrived in territorial subdivision about preparation of probation of the report, the become effective court order on application of collection for offenses or court orders about the introduction of court resolution in legal force with appendix of the verified copy of court resolution.

After receipt of the become effective court order about application of collection for offenses, the judgment and the order on the introduction of court resolution in legal force, except for orders of court about preparation of probation of the report, the territorial subdivision takes the notice to court, the adopted court resolution, about its reduction in execution.

9. Registration of the client is made:

1) in register of clients of pre-judicial probation in form according to appendix 1 to this Procedure;

2) in register of clients of executive probation in form according to appendix 2 to this Procedure;

3) in register of clients of penitentiary probation in form according to appendix 3 to this Procedure;

4) in register of clients of post-penitentiary probation in form according to appendix 4 to this Procedure;

5) in AIS "Probation".

The employee of territorial subdivision also draws up accounting card of the client, with subsequent its entering into general card-index by types of punishments, enforcement powers of criminal law action, probation of supervision, parole, delay of serving sentence, collection.

10. Registration of the client, registration of accounting card, entering into AIS "Probation" of information about the client are made by territorial subdivision within three working days from the date of receipt of court resolution concerning the client.

In case of change of the residence of the client, its registration is performed according to the procedure, established by this Item.

11. After registration of clients, the territorial subdivision sends to authorized body the notification on establishment of restrictions for departure from the Kyrgyz Republic on the clients condemned to punishments in the form of restriction of freedom, social jobs, the corrective works exempted from serving sentence using probation of supervision, conditionally ahead of schedule exempted from the correctional facilities exempted from criminal penalty using serving sentence delay and also children to whom enforcement powers of educational nature in the form of restriction of behavior with the prevention are appointed.

12. Lifting of restrictions on departure of clients out of limits of the Kyrgyz Republic is performed by authorized body with use of the Single system of accounting of external migration (further - ESUVM) based on the arrived notification of territorial subdivision, in case of:

- departure of term by punishment types, the expiration of probation of supervision, other enforcement power of criminal law action and the termination of term of parole;

- to cancellation of sentence (determination, resolution) vessels;

- provision of permission (approved with authorized body) the territorial subdivision on departure out of limits of the Kyrgyz Republic.

13. The authorized body notifies territorial subdivision on lifting of restrictions from the client in day of removal it from accounting or issue of the exit visa.

14. In case of non-arrival (absence) of the client at the scheduled time for registration, the territorial subdivision takes measures for establishment of the location and the reasons of non-arrival (absence) of the client within 30 calendar days.

In the absence of reasonable excuses the territorial subdivision sends the notification on non-arrival (absence) of the client to the court which decided sentence, the resolution.

The serious illness of the client, death or severe form of disease of the spouse (spouse), his close relative are reasonable excuses, and also in case of approach of force majeure circumstances (force majeur circumstances), introduction of emergency situation, introduction of emergency state, warlike situation and sanitary quarantine measures.

§ 2. Statement of clients on accounting

15. On the arrival of the client for registration by the employee of territorial subdivision are carried out to territorial subdivision initial fact-finding conversation during which identity documents (the passport, the military ID, the car driver license), and the client's poll where the information provided to them with specified in the materials which arrived for execution of collection for offense, punishments without isolation from society, enforcement powers of criminal law action exempted from punishment using probation of supervision and delay of serving sentence which is conditionally ahead of schedule exempted from serving sentence is verified are checked.

16. If the client is child the talk is had in case of compulsory attendance of parents, legal representatives (guardians, custodians, adoptive parents), in case of their absence in the presence of the employee of authorized state body on protection of children. If necessary to conversation the employee of division of law-enforcement body for children is also attracted.

17. During the conversation the employee of territorial subdivision:

1) constitutes the questionnaire in which are reflected nationality, place of registration and/or residence, work, study, contact information (phone number, e-mail), the information about the close relatives living together with it and also persons entering close circle of his communication in the form approved by authorized body;

2) finds out the data important for execution of the court ruling which took legal effect, availability of the documents necessary for scheduling and the Program;

Explains 3) to the client and selects the receipt on acquaintance with the rights and obligations, procedure and conditions of the serving sentence which is not connected with imprisonment, enforcement power of criminal law action, release from punishment using probation of supervision, parole, execution of delay of serving sentence, execution of types of penalties for offenses and also responsibility for their violations in the form approved by authorized body.

18. By results of the had talk the certificate of conversation with the client in the form approved by authorized body is constituted.

19. After registration of the client the territorial subdivision creates the personal record which is the main document.

20. The personal record of the client of pre-judicial probation is created of the following documents:

1) inventory of the personal record;

2) the questionnaire of the client with the photo the cm 3⨯4 size;

3) order of court (resolution) on preparation of probation of the report;

4) act of inspection of housing and social conditions;

5) the address certificate of registration accounting at the place of residence, the certificate of family composition and data on other social bonds;

6) the characteristic from place of employment and study (in case of availability of place of employment and study);

7) data on availability of dependence on alcohol, drugs and psychotropic substances, mental disturbances;

8) copies of identity documents (in case of their availability);

9) documents on availability or lack of criminal record;

10) conclusion of psychological research of the identity of the client (person accused);

11) probation report;

12) motivated conclusion about impossibility of creation of probation of the report;

13) the documents confirming the social status of the client (the copy of the certificate on the conclusion (termination) of scrap, about the birth of children, the certificate of recognition by his face with limited opportunities of health).

21. The personal record of the client of penitentiary probation is created of the following documents:

1) inventory of the personal record;

2) written notice of correctional facility;

3) accounting card;

4) the questionnaire of the client with the photo the cm 3⨯4 size;

5) Program;

6) act of refusal of the Program;

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