№
Structural element
Current edition
Proposed revision
Justification
Order of the Minister of Internal Affairs of the Republic of Kazakhstan "On amendments to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan
dated August 15, 2014 No. 511 "On approval of the Rules for organizing the activities of the probation Service"
1.
Subparagraph 5) of paragraph 4
4. The main tasks of the Probation Service are:
5) assistance in obtaining social and legal assistance to persons in respect of whom probation control has been established by the court and released from places of deprivation of liberty, in respect of whom administrative supervision has been established by the court, with which the deprivation of liberty has been replaced by a fine, who have served a sentence of imprisonment imposed by the court;
4. The main tasks of the Probation Service are:
5) exclude
In connection with the proposed exclusion of the function of providing probation services with 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 exercises powers in the field of providing social and other assistance to persons released from institutions of the penal enforcement system, as well as those registered with the probation service (paragraphs 16-2) of Article 27, paragraphs 14-3) of Article 31, paragraphs 12-1) of Article 35).
The Law "On Probation" provides that probation is carried out in the forms of probation control and provision of social and legal assistance to persons registered with the probation service.
Probation control is carried out by the probation service
and it provides assistance in obtaining social and legal assistance to convicts.
Social and legal assistance is provided by local executive bodies.
To date, practice has shown that there is no need for the probation service to provide assistance, because a system of social rehabilitation was built, where a key role was assigned to local executive bodies (Decree of the President of the Republic of Kazakhstan dated December 8, 2016 No. 387 "On approval of a comprehensive strategy for social rehabilitation of citizens released from prison and registered by the probation service in the Republic of Kazakhstan for 2017-2019").
The mechanism for obtaining social and legal assistance services involves the initiative appeal of a person in need.
Thus, the institute of assistance in obtaining social and legal assistance by probation services duplicates the functions of local executive bodies.
If we take into account that, having compiled individual programs, probation service employees send them to the same authorized bodies of health, education, labor and social protection of the population, as well as local executive bodies, then it is impractical for probation service employees to perform this function.
2.
Item 9
9. The personal, control and accumulative case of the convicted person consists of two parts:
in the second part - characterizing materials related to the organization and implementation of the process of execution of punishment, assistance in obtaining social and legal assistance. All documents are filed in chronological order, numbered and entered in the inventory.
9. The personal, control and accumulative case of the convicted person consists of two parts:
in the second part - characterizing materials related to the organization and implementation of the process of execution of punishment. All documents are filed in chronological order, numbered and entered in the inventory.
3.
Paragraph 69
69. When registering a person sentenced to restriction of liberty who is under probation control, the probation service:
1) establishes the place of residence of the convicted person, the state of his health, the level of education and employment, as well as other information necessary to determine the scope of providing him with social and legal assistance;
2) explains to the convicted person the procedure for providing social and legal assistance, the implementation and termination of probation control in relation to him, and also sets the days of his appearance at the probation service for registration;
3) explains to the convicted person the procedure for performing the duties imposed by the court and forced labor, bringing to responsibility for their non-fulfillment, as well as violations of the conditions and procedure for probation control.
In case of refusal of a convicted person to restriction of freedom to receive social and legal assistance, a probation officer draws up an act of refusal to receive social and legal assistance, in accordance with Annex 41-1 to these Rules.
69. When registering a person sentenced to restriction of liberty who is under probation control, the probation service:
1) establishes the place of residence of the convicted person, the state of his health, the level of education and employment, as well as other information;
2) explains to the convicted person the procedure for providing social and legal assistance, the implementation and termination of probation control in relation to him, and also sets the days of his appearance at the probation service for registration;
3) explains to the convicted person the procedure for performing the duties imposed by the court and forced labor, bringing to responsibility for their non-fulfillment, as well as violations of the conditions and procedure for probation control.
4.
Paragraph 81
81. Probation service when registering a person who has been conditionally sentenced and is under probation control:
1) conducts a study of the personality of the convicted person with the establishment of the state of health, the level of his education, employment, place of residence, and also finds out other information necessary to determine the amount of social and legal assistance provided to him;
2) explains to the convicted person the procedure for granting and refusing to receive social and legal assistance, the implementation and termination of probation control in relation to him, and also sets the days of appearance at the probation service for registration;
81. Probation service when registering a person who has been conditionally sentenced and is under probation control:
1) conducts a study of the personality of the convicted person with the establishment of the state of health, the level of his education, employment, place of residence, and also finds out other information;
2) explains to the convicted person the procedure for obtaining social and legal assistance, the implementation and termination of probation control in relation to him, and also sets the days of appearance at the probation service for registration;
5.
Paragraph 81-1
81-1. In case of refusal of a person conditionally sentenced to receive social and legal assistance, a probation officer draws up an act of refusal to receive social and legal assistance, in accordance with Annex 41-1 to these Rules.
81-1. exclude
6. Paragraph 82
82. In addition to providing social and legal assistance, a probation officer monitors how a person conditionally convicted fulfills the duties assigned by the court.
82. A probation officer monitors how a person sentenced to probation performs the duties assigned by the court.
7.
Subparagraph 2) of paragraph 94
94. Probation Service:
2) conducts a study of his personality with the establishment of his state of health, level of education, employment, place of residence, and also finds out other information necessary to determine the amount of social and legal assistance provided to him;
94. Probation Service:
2) conducts a study of his personality with the establishment of his state of health, level of education, employment, place of residence, and also finds out other information;
8. Paragraph 94-1
94-1. In case of refusal of a person subject to post-penitentiary probation to receive social and legal assistance by an employee of the Probation Service, and in relation to a person subject to penitentiary probation, together with an employee of an institution of the penal enforcement system, an act of refusal to receive social and legal assistance is drawn up, in accordance with Annex 41-1 to these Rules.
94-1. exclude
9. Paragraph 96
96. A person released on parole comes to the Probation Service at least once a month to report on the social and legal assistance received.
96. exclude
10. Paragraph 108
108. Upon arrival of the suspect, the accused or his lawyer, legal representative to the Probation Service with a copy of the decision on recognizing him as a suspect, the accused, a probation officer:
1) establishes the place of residence of the person in respect of whom probation is applied, his state of health, level of education and employment, as well as other information necessary to determine the scope of providing him with social and legal assistance;
2) draws up an individual program for providing social and legal assistance to persons registered with the probation service;
3) explains the procedure for granting and refusing to receive social and legal assistance, provides assistance in obtaining it;
4) prepares a pre-trial report on the suspect, the accused.
108. Upon arrival of the suspect, the accused or his lawyer, legal representative to the Probation Service with a copy of the decision on recognizing him as a suspect, the accused, a probation officer:
1) establishes the place of residence of the person in respect of whom probation is applied, his state of health, level of education and employment, as well as other information;
2) explains the procedure for granting and refusing to receive social and legal assistance, provides assistance in obtaining it;
3) prepares a pre-trial report on the suspect, the accused.
11. Appendix 41-1
Appendix 41-1
to the Rules for organizing
the activities of the probation service
Form
______________________________________________________________________________
(name of probation service (institution)
Act
on refusal to receive social and legal assistance
We, the undersigned: ___________________________________________________