ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 8, 2012 No. 222/5

About approval of the Instruction about procedure for distribution, the direction and transfer for serving sentence of persons condemned to imprisonment, Regulations on Regional commission concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment, Regulations on the Appeal commission of the Public penitentiary service of Ukraine concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment

According to Articles 11, of 86, of 87, of 92, of 93, of 100, of 101, of 138, of 139, of 140, 147 Penitentiary codes of Ukraine and for the purpose of timely distribution and the direction for serving sentence of persons condemned to imprisonment from pre-trial detention centers in organizations of execution of punishments and establishment of procedure for their transfer ORDER:

1. Approve applied:

The instruction about procedure for distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - the Instruction);

Regulations on Regional commission concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - Regulations on Regional commission);

Regulations on the Appeal commission of the Public penitentiary service of Ukraine concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - Regulations on the Appeal commission).

2. To chiefs of territorial authorities of the Public penitentiary service of Ukraine in week time (further - GPTS of Ukraine) to approve staff of regional commissions concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - regional commissions).

3. To the chairman of GPTS of Ukraine (Lisitskov O. V.) to perform organizational actions on financial, material and to staffing of work of regional commissions.

4. Declare invalid the order of State department of Ukraine concerning execution of punishments of 16.12.2003 No. 261 "About approval of the Instruction about procedure for distribution, the direction and transfer for serving sentence of persons condemned to imprisonment, Regulations on the commission on questions of distribution, the direction and transfer for serving sentence of persons condemned to imprisonment, Regulations on the Appeal commission of State department of Ukraine concerning execution of punishments concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment", registered in the Ministry of Justice of Ukraine 30.12.2003 for No. 1270/8591 (with changes).

5. (Zerkal O. V.) to submit to department of interaction with authorities of the Ministry of Justice of Ukraine this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of normative legal acts of the ministries and other executive bodies".

6. To impose control over the implementation of this order on the First Deputy Chairman of the Public penitentiary service of Ukraine Sidorenko S. M.

7. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of February 8, 2012 No. 222/5

The instruction about procedure for distribution, the direction and transfer for serving sentence of persons condemned to imprisonment

І. General provisions

1.1. This Instruction is developed according to regulations of the Penitentiary code of Ukraine and regulates the questions concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment for certain term and to lifelong imprisonment.

1.2. Distribution, the direction and transfer for serving sentence of persons condemned to imprisonment for certain term and to lifelong imprisonment are performed by regional commissions concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - Regional commissions) who will be formed in territorial authorities of the Public penitentiary service of Ukraine, and the Appeal commission of the Public penitentiary service of Ukraine concerning distribution, the direction and transfer for serving sentence of persons condemned to imprisonment (further - the Appeal commission) which is formed in the Public penitentiary service of Ukraine (further - GPTS of Ukraine).

1.3. Distribution, the direction and transfer, for serving sentence of persons condemned to imprisonment for certain term and to lifelong imprisonment in organizations of execution of punishments are performed based on the Penitentiary code of Ukraine according to the corresponding individual and personal job specifications.

ІІ. Distribution and the direction for serving sentence of persons condemned to imprisonment for certain term and to lifelong imprisonment from pre-trial detention centers in organizations of execution of punishments

2.1. Distribution and the direction for serving sentence of persons condemned to imprisonment for certain term and to lifelong imprisonment from pre-trial detention centers (further - the pre-trial detention center) in organizations of execution of punishments are performed by Regional commissions directly in the pre-trial detention center.

2.2. Persons condemned for the first time to imprisonment for the crimes committed on imprudence, crimes of small and average weight go to corrective labor colonies of the minimum level of safety with the facilitated conditions of keeping from the pre-trial detention center.

Are not subject to distribution and the direction from the pre-trial detention center in corrective labor colonies of the minimum level of safety with the facilitated conditions of keeping:

1) persons, it is malicious the violating requirements of the mode in places of pre-trial detention;

2) the disabled people of the first and second groups and persons who reached retirement age;

3) the expectant mothers and women having in case of themselves children under three years;

4) persons who did not complete full course of treatment of venereal disease, active form of tuberculosis, mental disturbance, alcoholism and drug addiction;

5) persons condemned for crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors;

6) persons condemned for making of deliberate crime during serving sentence in the form of arrest or restriction of freedom.

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