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

of August 18, 2014 No. 516

About approval of Rules of the organization of receipt of initial, main average, general secondary, technical and professional education of convicts to imprisonment

According to the subitem 8) to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:

1. Approve the enclosed Rules of the organization of receipt of initial, main average, general secondary, technical and professional education of convicts to imprisonment.

2. Declare invalid the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 17, 2012 No. 147 "About approval of Rules of the organization of receipt of initial, main average, general secondary, professional education and professional training of convicts to imprisonment" (registered in the state Register of regulatory legal acts for No. 7723, No. 245-246 is published in the Kazakhstanskaya Pravda newspaper of August 1, 2012 (27064-27065); The Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of August 27, 2012 No. 11).

3. (Berdalin B. M.) to provide to committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication of this order in information system of law of Ad_let and official mass media;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan www.mvd.gov.kz.

4. To impose control of execution of this order on Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Berdalin B. M.).

5. This order is subject to official publication and becomes effective since January 1, 2015.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 18, 2014 No. 516

Rules of the organization of receipt of initial, main average, general secondary, technical and professional education of convicts to imprisonment

Chapter 1. General provisions

1. These rules of the organization of receipt of initial, main average, general secondary, technical and professional education of convicts to imprisonment (further - Rules) determine procedure for the organization of receipt of initial, main average, general secondary, technical and professional education by convicts to imprisonment in organizations of criminal executive system (further - penal correction system).

2. General education and professional educational institutions in penal correction systems organizations (further - school) in the activities are guided by the Constitution, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan and other regulatory legal acts, and also these rules and the Charter of school.

3. Schools are created by the decision of local executive bodies on representation of bodies of penal correction system of areas and cities of Astana, Almaty, Shymkent in coordination with departments of education of areas, cities of Astana, Almaty, Shymkent according to the order of the Minister of education of the Republic of Kazakhstan of August 31, 2022 No. 385 (it is registered in the Register of state registration of regulatory legal acts for No. 29329) "About approval of standard rules of organization activity of preschool, initial, main average, general secondary, technical and professional, postsecondary education, specialized, special, the organizations of education for orphan children and children without parental support, the organizations of additional education for children and adults.

4. At school educational process is performed according to the order of the Minister of Education and Science of the Republic of Kazakhstan of November 8, 2012 No. 500 (it is registered in the Register of state registration of regulatory legal acts No. 8170) "About approval of standard curricula of primary, main secondary, general secondary education of the Republic of Kazakhstan, and also the order of the Minister of education of the Republic of Kazakhstan of January 6, 2023 No. 1 (it is registered in the Register of state registration of regulatory legal acts No. 31666) "About approval of standard training programs of cycle or the module of general education disciplines for the organizations of technical and professional, postsecondary education.

5. Academic year at school begins on September 1, during the two-shift work of the companies of penal correction system studies will be organized in two changes and 5-6 days a week are spent.

Duration of academic year at school constitutes 36 educational weeks.

6. Enrollment of pupils is performed from among the convicts who do not have primary, main secondary and general secondary education and will be organized for receipt of technical and professional education based on education documents. In the absence of education documents the principal sends inquiries to departments of education of areas and which cities of Astana, Almaty, Shymkent the organization of education in which the convict studied is under authority.

7. The administration of organization during academic year provides conclusion of the convicts who are subject to training in educational classes.

8. The principal and pedagogical workers are part of Council of tutors of groups and Teaching and educational council of penal correction system organization, participate together with administration of penal correction system organization in educational and social and psychological work with convicts.

9. The principal in coordination with the chief of penal correction system organization appoints and dismisses the leading, pedagogical workers, technicians of school.

Chapter 2. Procedure for the organization of receipt of initial, main average, general secondary, technical and professional education by convicts to imprisonment

10. Transfer in school of convicts is drawn up by the order of the principal approved with the chief of penal correction system organization. Transfer in school of the convicts who arrived to penal correction system organization after the beginning of academic year is made based on the data which are available in personal records.

11. During occupations involvement of pupils to the overtime works connected with separation from study is not allowed.

For examination pupils are exempted from work according to the labor law of the Republic of Kazakhstan.

12. The document of the state sample is issued to the convicts who graduated school. This document, and also the report card and attendance are stored in personal records of convicts and handed out by it in case of release from serving sentence.

13. During academic year transfer of pupils from one penal correction system organization in another is not allowed if it is not caused by change of type of penal correction system organization, disease, or ensuring its safety, reorganization or liquidation of penal correction system organization, business necessity.

14. The pupils of schools installed to the disciplinary isolation center, transferred to solitary confinements during stay in the safe place, and also during stay in strict conditions of serving sentence, on occupations in school are not removed. They are given opportunity of independent training and consultations with teachers.

15. Conditions for independent receipt of primary, main secondary, general secondary education are created to the convicts leaving lifelong imprisonment, being in the medical penal correction systems preventive institutions, disciplinary insulators, solitary confinements, rooms of temporary isolation, and also transferred to organizations of the mixed safety for providing law and order in penal correction systems organizations. The convict is given opportunity of independent training and consultations with teachers. Teachers give to convicts to lifelong imprisonment necessary methodical and advisory assistance in individual procedure. The convict who is in the medical penal correction systems preventive institutions, disciplinary insulators, solitary confinements, rooms of temporary isolation, and also transferred to organizations of the mixed safety for providing law and order in penal correction systems organizations, the methodical and advisory help will be organized individually or in groups.

16. Administration of penal correction system organization:

1) records the convicts who are subject to compulsory general education and professional training;

2) is provided by interaction of administration, pedagogical workers and technicians of school with workers of parts and services of penal correction system organization concerning training, education of convicts;

3) gives help to pedagogical staff of school in studying of the legal and methodical documents regulating activities of penal correction system organization concerning training, corrections of convicts;

4) exercises control of observance by employees of school of the regime requirements established in penal correction system organization;

5) ensures safety and labor protection of employees of school in their time spent in the territory of penal correction system organization;

6) exercises daily control of visit by convicts of occupations at school.

17. Pedagogical staff of school:

1) carries out together with administration of penal correction system organization work on providing complete scope of the convicts who are subject to compulsory education who did not reach thirty-year age and not having the general secondary education;

2) will be organized by educational process according to curricula and programs;

3) gives help in preparation for occupations, mastering methods of self-education of convicts, in their spiritual and moral education, social adaptation and rehabilitation;

4) petitions before administration of penal correction system organization for encouragement of students for progress in study and respect for discipline;

5) ensures safety of methodologies, the equipment and other property.

18. Technical and professional education of convicts is performed according to article 17 of the Law of the Republic of Kazakhstan "About education" (further - the Education law) and is directed to training of skilled workers and specialists of average link in the main directions of socially useful professional activity.

19. Professional training of convicts to imprisonment is performed according to Article 32-1 of the Education law and is directed to the accelerated acquisition by students of the new or changed professional skills necessary for accomplishment of certain work type.

20. The list of the trained professions and specialties (further - the list) is determined by administration of penal correction system organization in coordination with local executive bodies taking into account monitoring of the current and perspective demands of the labor market in personnel.

21. Choice of profession and specialties from the list is performed by convicts on voluntary basis.

22. The organization of professional practice is performed according to Article 38 of the Education law.

23. Professional practice is carried out at the companies of penal correction system and is directed to fixing of knowledge gained in training process and acquisition of practical skills.

24. In case of absence in organization of production facilities or production base by the training profession, labor practice is performed in the penal correction systems educational masterful organizations.

25. Practical training passes under constant control of teachers and administration of penal correction system organization.

Chapter 3. Financial provision of activities of schools

26. Acquisition of the equipment, and also the expenses connected with content of premises of schools (utilities, running repair and other costs) compensation of service personnel, is made at the expense of means of organizations of criminal executive system. Compensation of the leading and pedagogical workers, teaching and educational personnel, acquisition and delivery of textbooks and educational and methodical complexes is made at the expense of means of the local budgets provided on education.

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