It is registered
Ministry of Justice
Republic of Uzbekistan
On June 8, 2001 No. 1039
of May 8, 2001 No. 118
About approval of regulations of organizations on execution of the punishment in the form of imprisonment
For the purpose of reduction of the Procedure and conditions of serving sentence in the form of imprisonment in compliance with requirements of the Penitentiary code of the Republic of Uzbekistan I Order:
1. Approve Regulations of organizations on execution of the punishment in the form of imprisonment (appendix).
2. To chiefs of the Main Directorate of the Penitentiary, Head department of guard troops of the Ministry of Internal Affairs of the Republic of Uzbekistan, Minister of Internal Affairs of the Republic of Karakalpakstan, chiefs of the Department of Internal Affairs of areas and Municipal Department of Internal Affairs of Tashkent:
Till July 1, 2001 to organize studying of Regulations of organizations on execution of the punishment in the form of imprisonment with staff of subordinate colonies, pre-trial detention centers and prisons, the military personnel of divisions of guard troops, with acceptance of the corresponding offsettings.
Provide reduction of procedure and conditions of serving sentence in the form of imprisonment in colonies, pre-trial detention centers and prisons in strict compliance with requirements of Regulations.
3. N 105 not to apply the order of the Ministry of Internal Affairs of the USSR of May 22, 1986 in the territory of the Republic of Uzbekistan.
4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Uzbekistan major general of internal service Kadyrov R. K.
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First Deputy minister Colonel general of internal services |
Z. A. Almatov
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Appendix
to the order of the Minister of Internal Affairs of the Republic of Uzbekistan of May 08, 2001 No. 118
1. Regulations of organizations on execution of the punishment in the form of imprisonment (further - Regulations) concretize single questions of execution of criminal penalty in the form of imprisonment according to requirements of the criminal and executive legislation of the Republic of Uzbekistan.
2. Regulations are obligatory for all organizations on execution of the punishment of the Ministry of Internal Affairs of the Republic of Uzbekistan.
3. Custodial sanction is performed by organizations on execution of the punishment of the Ministry of Internal Affairs of the Republic of Uzbekistan.
4. Types of organizations are determined by execution of the punishment by the Penitentiary code of the Republic of Uzbekistan.
5. Colonies on execution of the punishment, educational colonies and prisons, and also pre-trial detention centers in which imprisonment is performed concerning persons left for performance of works on economic servicing of these organizations after the introduction of sentences in legal force treat organizations on execution of the punishment in the form of imprisonment.
6. Colonies on execution of the punishment happen the closed type (the general, strict and special modes) where convicts contain under protection and supervision, and half-open type (colony settlement) where convicts contain without protection, but under supervision.
Educational colonies (the general and strengthened modes) contain minor convicts, and also persons left in them before achievement of 21-year age under the resolution of the chief authorized by the prosecutor.
Prisons, in the conditions of strict isolation, contain persons condemned to imprisonment.
7. Organizations on execution of the punishment will be organized and liquidated by orders of the Minister of Internal Affairs of the Republic of Uzbekistan.
8. The direction of convicts in again opened organizations on execution of the punishment is made in the presence of necessary domestic conditions, as a rule, after acceptance in operation of all objects by the special commissions appointed by the order of the Minister of Internal Affairs of the Republic of Uzbekistan.
9. The limit of places of availability of living space in organizations is determined by execution of the punishment proceeding from the actual availability of the living (chamber) space in the general premises, rooms and cameras intended for permanent residence of convicts according to the regulations established by the Penitentiary code of the Republic of Uzbekistan.
10. The limit of places of availability of living space changes when commissioning new and reconstruction of the existing living spaces intended for permanent residence of convicts or in case of liquidation of the specified objects.
11. The filling limit for each organization of execution of the punishment and in general on the Main Directorate of the Penitentiary of the Ministry of Internal Affairs of the Republic of Uzbekistan is annually established by the order of the Minister of Internal Affairs of the Republic of Uzbekistan, proceeding from the average number of convicts for previous year and taking into account availability of places on limit of living space.
12. Have the right of inspection of organizations on execution of the punishment: The Minister of Internal Affairs of the Republic of Uzbekistan, the chief of the Main Directorate of the Penitentiary, their deputies, and also the Minister of Internal Affairs of the Republic of Karakalpakstan and chiefs of the Departments of Internal Affairs of areas (in subordinate organizations).
13. Complex inspection of organizations on execution of the punishment is carried out at least once in five years under the leadership of ranking officers of the office of the Ministry of Internal Affairs or Main Directorate of the Penitentiary of the Ministry of Internal Affairs of the Republic of Uzbekistan.
14. Organizations on execution of the punishment are legal entities, have the charter and seal with the image of the State Emblem of the Republic of Uzbekistan and with the name.
15. Organizations on execution of the punishment are under construction according to standard projects.
The territory of organization is, as a rule, divided into the local, isolated from each other sites sectors (except for colonies settlements and prisons).
16. In colonies on execution of the punishment and educational colonies two isolated zones are allocated: residential - for accommodation, production - for work of convicts.
17. In the living area take place: residential cases, the administrative case with offices of employees of field and regime services, the chief of organization and his deputies, the building of service on duty with rooms for the army job specification of controllers, the kitchen-dining room, shop (stall), school, buildings for professional education and professional training of convicts, club, library, medical department with hospital, bath with laundry and dezkamery, hairdressing salon, rooms for storage of exchange collection of bedding, overalls, storages of personal belongings of daily use, the tool and stock, workshops on repair of clothes and footwear, vat for water boiling, bathrooms. In case of the kitchen-dining room the bakery can be equipped.
Are separately equipped the building of disciplinary department which consists of detention cells, punishment cell and the walking yards, and also the reception (quarantine) intended for acceptance of newcomers of convicts. Disciplinary and reception departments can be located in the single block on condition of reliable isolation from each other of persons containing in them.
18. In the territory of each of the sites sectors isolated from each other can be, in the presence to that opportunities, are in addition equipped: library, hairdressing salon, left-luggage office of personal belongings of daily use, the sports ground which is at the same time used for creation and conducting checks of convicts vat for water boiling, bathroom.
19. The living area from production separates the output or looked-through corridor, and buildings of disciplinary and reception departments - the looked-through corridor.
20. In the building of the check-point (CP) or about it rooms for holding short-term and long appointments, issue of sending and transfers, conducting telephone conversations, and also the room for examination of persons entering on the territory of organization and their things are separately equipped. Rooms for searches of convicts are under construction near the control platform and at the internal check point between residential and adjacent production zones. These rooms are equipped with metaldetectors.
21. Office buildings are located out of the territory of colony or in the block with check-point. As a rule, they are adjoined by the guard house with internal yard.
22. The territory of production zones as far as possible is also divided into the isolated sites (workshops) and where it cannot be made according to the production technology, access control will be organized.
23. All service and auxiliary premises of living and production areas of colonies (except for colonies settlements) in which employees work, are equipped with means of communication and the individual alarming alarm system on case of emergence of "ChO", with conclusion to the control panel of control room.
24. Outside the protected territory of colony hostels for accommodation of the convicts having the movement right without convoy and maintenance with necessary household rooms, warehouses of food, ware property, fuels and lubricants, paint and varnish substances, personal belongings of convicts of long-term storage, raw materials and finished goods, vegetable storehouse, bakery, garages, drugstores, rooms of expectation for the relatives who arrived to appointments, rooms of acceptance of sending transfers are placed.
In the presence of opportunities under colonies for execution of the punishment rooms of hotel type for temporary residence of relatives of the convicts who arrived to appointments are equipped.
25. Buildings for placement of the militarized fire brigades with necessary rooms for combat crew are located, as a rule, in the territories of production zones.
26. Colonies of particular treatment are equipped taking into account the following features:
a) the living area is divided into two parts: the territory with rooms of chamber type and the territory with regular premises;
b) in the territory with regular premises the same office and household objects, as in colonies of other types are placed. At the same time premises are located separately from office and economic and household buildings. The medical department building with hospital is screened by fence of continuous filling;
c) the disciplinary department is placed in the territory with rooms of chamber type, in it detention cells and punishment cell are equipped, at the same time cameras of punishment cell are intended for single content of convicts. About these rooms walking platforms are equipped.
27. The territory of the living area of colony settlement is screened by fence of continuous filling with check-point and incorporates the following rooms: the office building with office offices of employees, hostels for convicts, the building of service on duty with the room for the job specification on duty, the dining room, shop, out-patient clinic, library, the room for holding cultural and mass and educational actions, I ban with laundry and dezkamery, storage location of personal belongings of convicts, disciplinary department, the house of visitors (hotel). Other production and economic and warehouse facilities are located in the administrative territory of colony settlement.
28. In disciplinary department of colonies settlements detention cells, everyone on 4-6 places, and the room for the person on duty are equipped. The building of disciplinary department is screened from other structures by fence of continuous filling.
In colonies settlements cameras under punishment cell are not equipped.
29. Borders of colonies settlements are established by orders of the Minister of Internal Affairs of the Republic of Karakalpakstan, chiefs of the Department of Internal Affairs of areas, taking into account the location of colony and nature of the works performed by convicts.
About borders of colony settlement the convict appears on receipt which joins the personal record.
30. Classes and technical offices for professional education and professional training of convicts shall be reliably isolated from other rooms.
31. In the territory of the living area the gym or platforms with necessary complex of sports equipment, stadium, parade-ground for simultaneous creation of all convicts are equipped.
In the block with check-point rooms for storage and issue of weapon are located.
The territory of colony is enclosed with fence at least 3 meters high, from outer side of perimeter the camouflage fence is put up.
32. In disciplinary department of educational colonies cameras under punishment cell are not equipped.
33. The territory of prison is divided into regime, administrative and economic zones.
34. In the territory of regime zone cases which contain convicts, kitchen, bath from laundry, medical department with hospital, the walking yards, production rooms (cameras) are placed.
35. The walking yards, as a rule, are arranged on upper floors of cases. Land walking platforms, on condition of exception of possibility of their viewing of cameras are in some cases equipped.
The yards (platforms) from above on framework are equipped with lattice with cells of 12x20 cm in size and fitted by the metal gauze.
36. Production cases are placed separately from other rooms. Residential cases, as a rule, unite with production, household and other facilities tunnels or the closed above-ground crossings.
37. In the territory of administrative zone office offices, check-point with the guard house, reception with boxes, premises of service on duty, investigative offices, rooms for appointments of convicts to relatives and other persons are placed.
38. In economic zone warehouses, vegetable storehouses, garage, economic workshops and other auxiliary rooms are placed.
39. The territory of prison is enclosed with wall of continuous filling with height of at least 4,5 of meter, on perimeter technical means of protection are equipped. The same wall the regime zone separates from economic.
40. Persons serving sentence in colonies on execution of the punishment of the general and strict modes in regular premises of colonies of particular treatment, colonies settlements, educational colonies, accommodate in hostels and are provided with living space on the regulations established by the Penitentiary code of the Republic of Uzbekistan.
The individual berth on which the plate with indication of surname and initials of the convict becomes stronger is provided to each convict.
In colonies settlements, in case of room accommodation of convicts, in rooms of chamber type of colonies of particular treatment and in prisons, plates with indication of surname and initials of the convict become stronger from the outer side of door of the room or the camera.
41. Hostels in colonies on execution of the punishment of the general and strict modes, in the territory with regular premises of colonies of particular treatment, in educational colonies are provided with stock and other objects of the regulations established by the List (appendix N 1).
On the same regulations hostels or cameras for the convicts left in pre-trial detention centers and prisons for performance of works on economic servicing are provided.
42. In buildings of hostels, at the rate on each group, offices of chiefs of groups (tutors), rooms for educational work, locker room, the room for storage of personal belongings of convicts are equipped. In colonies for content of women also rooms of personal hygiene are equipped.
43. The persons serving sentence in prisons, and also containing in reception and disciplinary departments of colony on execution of the punishment of the general, strict, special modes, educational colonies and prisons in disciplinary departments of colonies settlements, takes place in mass cells and are provided with living space on the regulations established by the Penitentiary code of the Republic of Uzbekistan.
For the purpose of ensuring isolation of the convict, its content in the solitary confinement under the resolution of the chief of organization authorized by the prosecutor is allowed.
44. Windows of cameras in prisons have width of 1,3-1,4 of m and height 1, 15-1,2м, in punishment cells of prisons the size of windows constitutes 0, 5x m 0,5, and in premises of reception and disciplinary departments of colonies on execution of the punishment and educational colonies - 0, 5x m 0,9.
At windows metal welded lattices are equipped, and if necessary boards blinds are established. From cameras of window are covered with the lattice excluding access to glass. Floors in premises of reception and disciplinary departments are equipped on concrete basis and become covered by boards or elastic covering. Walls of cameras of reception and disciplinary departments of colonies on execution of the punishment and educational colonies, and also punishment cells in prisons are plastered by cement mortar smoothly and bleached.
45. Doors of cameras have thickness of 6 cm, from the camera are upholstered with sheet metal. The viewing opening gets a job in the center of door at height of 1,4-1,5 of m. In middle part of door at the height of 95 cm from floor the window leaf of 18x22 cm in size for transfer to convicts of food, books, transfers, etc. is equipped. The door of window leaf opens towards corridor and is provided with the lock.
46. In cameras of disciplinary department of colonies inside doors (platforms) made of round metal racks and cross strips are in addition established. The window leaf is equipped only on this door and opens, as well as door, towards corridor.
47. All doors and windows of cameras are blocked by the alarm system. Doors of cameras are equipped with mechanical or electromechanical locks of special type and open towards corridor.
48. The electrical wiring in cameras of reception and disciplinary departments is mounted so that access for convicts to it was completely excluded. Electrolamps of general lighting are established in niches on ceiling, and night-time lighting - in niches over doors. Niches are isolated by lattices.
In cameras and other premises of prisons where convicts have access, the electrical wiring is established by hidden. Lamps are protected from their possible damage. Switches are established at each camera from corridor.
49. In cameras of prisons, and also in punishment cells of disciplinary departments of colonies, loudspeakers are established in niches of walls. Cameras are equipped with alarm system buttons for challenge of controllers.
50. Cameras in prisons and punishment cells of colonies are provided with stock and other objects of the regulations established by the List (appendix N 2), and cameras of isolation centers of disciplinary department - on the regulations established by the list (appendix N 3).
51. In cameras bathrooms are equipped.
52. The room of the army job specification of controllers is placed in the block with premises of service on duty of colony and is equipped with furniture and stock according to the appendix N 4.
The room of the army job specification of controllers is equipped with stands at which are hung out:
daily routine of organization on execution of the punishment;
the statement from the sheet to posts;
rules of conduct of convicts;
the list of objects, products and things which storage is forbidden to convicts;
the list of objects and things which it is authorized to convict to have in case of itself;
the list of the food products permitted to sale by the convict;
the belongings list, subject to acceptance delivery.
53. The room of controllers on holding appointments, receiving and delivery of transfers, sending and parcels post is located, as a rule, in complex of the rooms intended for holding short-term and long appointments. It is equipped with furniture and stock according to the appendix N 5.
In the room the stand with daily routine of organization on execution of the punishment, rules of holding appointments, the list of objects and things which it is authorized to convict to have in case of itself, functional obligations of the controller on holding appointments, receiving and delivery of sending, transfers and parcels post, the belongings list is hung out.
54. The room for service by army controllers under disciplinary department of organization on execution of the punishment is equipped according to the appendix N 6.
In the room are hung out:
daily routine for the convicts containing in disciplinary department;
statements from special squads food regulations;
the list of objects and things which it is authorized to convict to have in case of itself;
the list of objects, products and substances which storage is forbidden to convicts;
statements from the sheet to posts;
conditions of detention of prisoners in disciplinary department and types of the restrictions imposed on them in case of settlement to the isolation center and punishment cell;
rules of conduct of convicts;
the belongings list and documentation, subject to acceptance delivery.
55. Acceptance of convicts in organizations is performed by the commission headed by the chief of organization. Deputy chief of organization, employees of special, operational, regime, quartermaster services, medical department, the representative of military division of guard troops are part of the commission.
Acceptance of the convicts who arrived in individual procedure is performed by the chief of organization together with the employee of special service and the representative of military division.
Acceptance of small groups of convicts is carried out to time off by the duty assistant to the chief of organization and the representative of military division.
56. In case of acceptance of the convicts who arrived to organization, officials interview them, check personal records, explain to convicts of their right and obligation, warn about responsibility for violation of statutory rules of behavior, and then place in reception, except for persons which arrived in colony settlement and persons left in pre-trial detention centers and prisons for performance of works on economic servicing.
57. In case of acceptance in organization convicts are exposed to complete search, and the things belonging to them - to examination. Objects and things which storage is forbidden to convicts are withdrawn from them under the resolution of the chief of organization (appendix N 7) and are checked before release of convicts or are destroyed, or address in the income of the state about what the relevant document is constituted (the act, the receipt, the resolution).
The act of destruction of objects and things which storage is forbidden to convicts (appendix N 8), is constituted komissionno, in duplicate, one of which joins in the personal record of the convict from which the prohibited objects and things are withdrawn, and another is stored in regime department.
On the objects and things which are handed over for storage on warehouse of organization the receipt is written out (appendix N 9) which one copy is handed out to the convict, another is stored in warehouse of organization before its release or transfer in other organization.
The address of objects and things which storage is forbidden to convicts to the income of the state is made under the resolution of the chief of organization (appendix N 10), authorized by the prosecutor.
58. The information about each convict accepted in colony on execution of the punishment is brought in the Register of movement of convicts and registration of personal records of convicts, on persons who arrived in organization personal accounts with reinforcing cards are got (appendix N 11), is issued to them ware property and bedding on polozhennost regulations (appendix N 12) and on season.
The special department constitutes and transfers the list of the arrived convicts who according to decisions of the courts shall indemnify material damage to accounts department and pay the alimony, and in medical department - the list of persons which are subject to forced treatment for alcoholism and drug addiction.
59. During stay in reception, for the purpose of studying of the identity of convicts, they have physical examination, interviews with employees of operational and regime, educational and production services then they are komissionno distributed on groups and are enlisted in working crews.
60. Certificates of the established sample are issued to the convicts serving sentence in colonies settlements (appendix N 13).
61. The administration of organization on execution of the punishment in three-day time from the date of arrival of the convict notifies on it court (appendix N 14), passed the judgment, and also sends to family of the convict the notice (appendix N 15) with the notification on its arrival in colony for serving sentence, specifying of the address of organization and appendix of the List of objects, products and substances which are forbidden to be sent to convicts. In the notice the rights of the convict to correspondence, receipt of appointments, sending, transfers and parcels post, conducting telephone conversations are explained.
62. Accommodation of convicts on cameras in prisons is made based on plans of pokamerny placement, taking into account types of the mode of colonies on execution of the punishment from which they arrived by determinations of courts or in which are subject to the direction after departure of term of imprisonment. The plan of pokamerny accommodation of convicts (appendix N 16) affirms the prison governor.
63. Convicts to imprisonment are transported under guard from one organization on execution of the punishment in another with observance of the rules of separate content regulated by Art. 58 of the Penitentiary code of the Republic of Uzbekistan.
64. Convoy of convicts is made at the expense of the state escorted by.
65. On all transported under guard the passing list in triplicate from which the first is given together with personal records of convicts to the chief of guard is constituted, the second - with the receipt of the chief of guard remains in special department of organization, third - in accounts department, for money transfer and carrying out settlement with convicts.
66. Before convoy of the convict the special department beforehand requests from the relevant services and attaches to the personal record:
the financial reference or the document replacing it and writs of execution;
medical record and other medical documents (clinical record, certificates of testing, etc.);
the reinforcing book and the reinforcing sheet on ware allowance;
documents on general education and professional training;
notebook of individual and educational work with the convict;
the characteristic on the convict;
accounting card of appointments, acceptance (issue) of sending, transfers, parcels post, telephone conversations.
67. In case of non-presentation in special department of organization of the documents listed in the item 66, the convict it is not transported under guard. The chief of special department the official report reports on the chief of organization of the reason of removal of the convict from stage. The chief of organization on each fact shall appoint conducting office investigation and take adequate measures of reaction concerning guilty officials.
68. At the companies and production facilities of organizations for execution of the punishment, and also other ministries and departments where work of convicts is used, work of the civilian personnel which are directly leading work of convicts, and also civilian skilled workers in the limits necessary for ensuring normal activities of production, but no more than 10% of number of the working convicts is allowed.
69. The administration of organization on execution of the punishment takes measures to that the civilian personnel were completed, as a rule, from same-gender persons with convicts. Personal security of female personnel is ensured by the organization of obligatory maintenance them on the territory of colony and production facilities.
70. Persons working together with convicts shall observe established procedure of communication with them about what they give subscriptions (appendix N 17) to administration of organization. Transfer to convicts or acceptance from them of food, money, correspondence, alcoholic drinks, things, objects, products and substances which are not permitted to use in colonies is not allowed. In case of violation of the specified procedure the administration of organization on execution of the punishment prohibits to perpetrators access to objects where convicts work, and resolves issue of attraction them to responsibility in the procedure established by the law.
71. For the purpose of ensuring control of convicts, accomplishment of shop orders and observance of detention regime, representatives of administration of organization on execution of the punishment are allocated for all production facilities.
72. Relations of staff of organizations on execution of the punishment and the military personnel of divisions of guard troops with convicts shall promote forming at the last right obedient behavior, respect for the person, society, work, regulations and traditions of human communication and to be based on respecting the rule of law.
Staff of organization and the army job specification of controllers in case of execution of active service is representatives of administration of organization on execution of the punishment.
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The document ceased to be valid since August 5, 2013 according to the Order of the Minister of Internal Affairs of the Republic of Uzbekistan of December 29, 2012 No. 174