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

of January 23, 2017 No. 47

About modification and amendments in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

According to article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" I ORDER:

1. Approve the list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions, according to appendix to this order are made.

2. To provide to committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan to provide to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan data on execution of the actions provided by Items 1) and 2) of this order.

3. To impose control of execution of this order on the deputy minister of internal affairs Bisenkulov B. B. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.).

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 23, 2017 No. 47

The list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions are made

1. In the order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 13, 2014 No. 508 "About approval of Rules of carrying out educational work with convicts to imprisonment" (registered in the Register of state registration of regulatory legal acts for No. 9729, published in the Information system of law of Ad_let on October 8, 2014):

in the Rules of carrying out educational work with convicts to imprisonment approved by the specified order:

state Item 21 in the following edition:

"21. The chief of group explains to convicts of their right and obligation, working condition and rest, provides access to legal acts and will organize holding with them classes in social and legal study according to the thematic plan of carrying out social and legal study among the convicts serving sentence in places of detention in form according to appendix 6 to these rules.";

state Item 44 in the following edition:

"44. The administration of organization for the purpose of correction of the convict assists its recovery in the social status of the full-fledged member of society, to its return to independent life in society on the basis of rules of law and the commonly accepted standards of behavior (resocialization).

Concerning the convict serving custodial sanction which before departure of term of punishment had one year resocialization it is performed by service of probation together with administration of organization in the form of rendering social legal assistance.

The administration of organization at the same time constitutes on condemned the individual program for amount of the social legal assistance necessary for social adaptation after release which goes to service of probation at the place of residence elected by the convict.

The individual program of rendering social legal assistance is constituted and implemented by service of probation together with administration of organization.

The individual program of social legal assistance contains:

1) data of the pre-judicial report (in case of its availability) developed by service of probation at stage of pre-judicial probation;

2) the materials characterizing behavior of the convict during stay in organization of criminal executive system;

3) data on compensation and (or) not compensation of claims by person prepared for release;

4) data on social bonds of the convict prepared for release, state of his health, the education level, labor skills, awareness on legal mechanisms of realization of the rights and freedoms, and also others, necessary for correction of social behavior and successful social adaptation of the convict;

5) the specific actions directed to rendering social legal assistance to the convict prepared for release;

6) the planned actions for rendering social legal assistance, the household and labor device of its release condemned later.";

state Item 51 in the following edition:

"51. Not later than one year before the imprisonment expiration the administration of organization notifies in form, according to appendix 11 to these rules local executive bodies, law-enforcement bodies and service of probation of area, city of republican value, the capital, area, city of regional value at the place of residence elected by the convict on its forthcoming release, availability at it of housing, its working capacity and the available specialties.";

state Item 53 in the following edition:

"53. Not later than twenty calendar days before release of person from places of detention on departure of term of punishment, and in case of release on other bases, within one working day after release, to law-enforcement bodies and service of probation of the city of republican value, the capital, areas, cities of regional value at the place of residence elected by him the notice goes to person exempted (exempted) of penal correction system organization in form according to appendix 13 to these rules.

In case of release of persons from places of detention, the administration of organization hands it the instruction about departure to the place of serving sentence with indication of route and arrival time to law-enforcement bodies and service of probation for registration, and also directs the materials characterizing it to service of probation.";

to state heading of appendix 6 in the following edition:

"The thematic plan of carrying out social and legal study among the convicts serving sentence in places of detention";

to state Item 7 of appendix 7 in the following edition:

"7. Relation to educational actions. The relation to social changes in society. The relation to occupations in system of social and legal study, extent of digestion of material, activity on seminar occupations. Participation in cultural and mass, sporting events. Participation in obligatory educational actions.".

2. In the order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 15, 2014 No. 511 "About approval of Rules of the organization of activities of service of probation" (registered in the Register of state registration of regulatory legal acts for No. 9738, published in the Kazakhstanskaya Pravda newspaper of February 26, 2015):

in the Rules of the organization of activities of service of probation approved by the specified order:

state Item 1 in the following edition:

"1. These rules of the organization of activities of service of probation (further - Rules) are developed according to Criminal, Criminal procedure, Criminal and executive codes of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About probation" and determines procedure for the organization of activities of service of probation.";

state Item 3 in the following edition:

"3. The bodies performing the criminal penalties which are not connected with isolation of the convict from society are territorial services of probation of Departments of criminal executive system on areas, the cities of Astana and Almaty (further – Services of probation).";

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