№
Structural element
Current version
Recommended edition
Justification
1.
Item 2
2.The Probation Service provides assistance to registered persons in obtaining social and legal assistance.
2.The Probation Service explains to registered persons the procedure for obtaining social and legal assistance.
Due to the exclusion of the function of probation services to provide assistance in obtaining social and legal assistance on the following grounds.
In accordance with the law of the Republic of Kazakhstan" on local public administration and self-government in the Republic of Kazakhstan", the akimat performs other powers in the field of providing social and other assistance to persons released from institutions of the Penal correction system, as well as registered with the Probation Service (Article 27, article 16-2), Article 31, 14-3)-t.), Article 35, article 12-1-t.).
The law" on probation " provides that probation is carried out in the forms of probation control and social and legal assistance to persons registered with the Probation Service.
Probation control is carried out by the Probation Service and provides assistance to convicted persons in obtaining social and legal assistance.
Social and legal assistance is provided by local executive bodies.
Today, practice has shown that there is no need to provide assistance to the Probation Service, as a system of social rehabilitation has been created, in which the main role is assigned to local executive bodies
(Decree of the president of the Republic of Kazakhstan dated December 8, 2016 No. 387" on approval of the comprehensive strategy of social rehabilitation of citizens released from places of deprivation of Liberty in the Republic of Kazakhstan and registered with the Probation Service for 2017-2019").
The mechanism for obtaining social and Legal Assistance provides for an initiative application by a person in need.
Thus, the institution of assistance in obtaining social and legal assistance by probation services duplicates the functions of local executive bodies.
If we take into account that when developing individual programs, employees of the Probation Service send them to the authorized bodies of Health, Education, Labor and social protection of the population, as well as to local executive bodies, then it is inappropriate for employees of the Probation Service to perform this function.
.
2.
Item 3
3. local executive bodies, public associations and other organizations shall submit to the individual program of social and legal assistance developed by the Probation Service in accordance with Annex 1 to these rules to persons subject to pre-trial, sentencing, Penitentiary and post-Penitentiary probation (hereinafter referred to as the individual program) and to these rules
In accordance with Annex 2, the Probation Service provides social, legal and other assistance in accordance with an individual program developed jointly with the administration of the institution of the Penal correction (penitentiary) system.
3.local executive bodies, public associations and other organizations provide social, legal and other assistance to persons subject to pre-trial, sentencing, Penitentiary and post-Penitentiary probation.
For persons subject to penitentiary probation, the administration of the institution of the Penal correction system (Penitentiary) develops an individual program of social and legal assistance in accordance with Annex 1 to these rules (hereinafter referred to as an individual program).
3.
Paragraph 1 of Paragraph 4, subparagraph 1) of Paragraph 4
4.assistance in obtaining social and legal assistance is provided in respect of persons subject to pre-trial, sentencing, Penitentiary and post-Penitentiary probation.
Probation service when registering them:
1) studies the identity of a person, his level of education and employment, the presence of a place of residence, with the determination of the state of health, as well as determines other information necessary to determine the amount of social and legal assistance;
4. when registering persons who are subject to pre-trial, sentencing and post-Penitentiary probation, the Probation Service issues a pre-trial, post-sentence and post-Penitentiary probation.:
1) studies the identity of a person, his level of education and employment, the presence of a place of residence, and also determines other information, determining the state of Health;
4.
Item 6
6.an individual program includes information on the need to provide social and legal assistance to a person registered with the Probation Service.
6.an individual program includes information on the need to provide social and legal assistance to a person on Penitentiary probation.
5.
Item 7
7. One copy of the individual program:
1) to the control case of a conditionally convicted person;
2) in the personal file of a person convicted of restriction of freedom;
3) in the case of accumulation of a person who has been released from places of deprivation of Liberty on parole;
4) in respect of a person released from places of deprivation of Liberty, in the case of accumulation of a person established by the court of administrative supervision;
5) in the personal file of a person sentenced to imprisonment;
6) in the case of accumulation of a person subject to pre-trial probation;
7) in the case of accumulation of a person whose deprivation of Liberty has been converted into a fine in accordance with Article 73 of the Criminal Code of the Republic of Kazakhstan;
8) a person who has served a term of imprisonment imposed by the court.
The second copy of the individual program is issued to the person registered with the Probation Service with a signature.
7.a person applying for Penitentiary probation gets acquainted with the individual program by signing a signature.
A separate program is filed in the convicted person's personal file.
A copy of the individual program is sent to local executive bodies, health, education and other state and non-state organizations.
6.
Item 8
8.if a person registered with the Probation Service has the opportunity to receive additional or other assistance during the period of serving a sentence, appropriate adjustments are made to the individual program by bilateral agreement.
In case of absence or loss of housing of a person who has served a sentence, the Probation Service employee with the consent of the person sends it to local executive bodies for placement in organizations of temporary residence providing special social services.
8.if there is a need to receive additional or other assistance to a person applying Penitentiary probation during the period of serving a sentence, appropriate adjustments are made to the individual program.
In case of absence or loss of housing of a person who has served a sentence, the administration of the institution of the Penal correction (penitentiary) system, with the consent of the person, sends it to local executive bodies for placement in organizations of temporary residence providing special social services.
7.
Item 9
9.persons who have been released on parole from places of deprivation of Liberty or established by the court of administrative supervision come to the Probation Service once a month to report on the progress of the social and legal assistance they receive.
9. delete it
8.
Item 10
10.in case of refusal of a person registered with the Probation Service to receive Social and legal assistance-an employee of the Probation Service, and in respect of a person subject to penitentiary probation, employees of the probation service together with employees of the institution of the Penal correction system (Penitentiary) draw up a corresponding act in the form approved by the authorized body in the field of penal correction activities, which is initiated.
10.in case of refusal of a person subject to Penitentiary probation, the administration of the institution of the Penal correction (penitentiary) system draws up a corresponding act in any form.
9.
Item 11
11.after the expiration of the term of probation control, administrative supervision and expulsion from the Probation Service, social and legal assistance provided by state bodies and other organizations continues in accordance with an individual program.
11.after the expiration of the term of probation control, administrative supervision and expulsion from the Probation Service, social and legal assistance provided by state bodies and other organizations continues.
10.
Item 14
14.medical care is provided within the guaranteed volume of free medical care in state healthcare organizations.
To provide medical care, the Probation Service sends a copy of the individual program to state health organizations at their place of residence.
14.medical care is provided within the guaranteed volume of free medical care in state healthcare organizations.
11.
Item 16
16. legal assistance to persons registered with the Probation Service provides for the following services::
1) registration of legally significant documents for obtaining social benefits, special payments due by law, submission of documents for employment, training, and medical care in the absence of their funds;
2) providing legal advice on the rights to social assistance, Social Security established by law and ways to protect them from violations;
3) assistance in obtaining benefits, benefits and other social benefits established by law that contribute to solving issues that create conditions for getting out of a difficult life situation.
To provide legal assistance, the Probation Service sends a copy of the individual program to local executive bodies at their place of residence.
16. legal assistance to persons registered with the Probation Service provides for the following services::
1) registration of legally significant documents for obtaining social benefits, special payments due by law, submission of documents for employment, training, and medical care in the absence of their funds;
2) providing legal advice on the rights to social assistance, Social Security established by law and ways to protect them from violations;