On approval of the Rules for the provision of social and legal assistance to the persons registered with the probation service

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan dated October 23, 2014 No. 1131.

      Unofficial translation

      Note of RCLI!
      Shall be enforced from January 1, 2015

      In accordance with subparagraph 7) of paragraph 1 of Article 15 of the Penal Execution Code of the Republic of Kazakhstan dated July 5, 2014, the Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached Rules for the provision of social and legal assistance to the persons registered with the probation service.

      2. To recognize as invalid the Resolution of the Government of the Republic of Kazakhstan dated April 28, 2012 No. 542 “On approval of the Rules for the provision of social and legal assistance to conditionally convicted” (CAPG of the Republic of Kazakhstan, 2012, No. 46, Art. 623).

      3. This resolution shall be enforced on January 1, 2015 and shall be subject to official publication.

      Prime-Minister of
the Republic of Kazakhstan
K. Massimov

  Approved
by the Resolution
of the Government of the
Republic of Kazakhstan
dated October 23, 2014 No. 1131

Rules for the provision of social and legal assistance to the persons registered with the probation service

Chapter 1. General provisions

      1. These Rules for the provision of social and legal assistance to the persons registered with the probation service (hereinafter-the Rules) have been developed in order to implement the Penal Execution Code of the Republic of Kazakhstan dated July 5, 2014, the Law of the Republic of Kazakhstan dated December 30, 2016 "On Probation" and shall determine the procedure for the provision of social and legal assistance to the persons registered with the probation service.

      Footnote. Paragraph 1 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      2. The Probation service provides assistance to the registered persons in obtaining social and legal assistance.

      3. Local executive bodies, public associations and other organizations shall provide social and legal and other assistance to the persons in respect of whom pre-trial, sentence, penitentiary and post-penitentiary probation is applied, in accordance with an individual program for the provision of social and legal assistance in the form according to Appendix 1 to these Rules (hereinafter - the individual program), developed by the probation service, and in accordance with the individual program in the form according to Appendix 2 to these Rules, developed by the probation service together with the administration of the institution of the penitentiary (penal) system.

      Footnote. Paragraph 3 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Assignment of social and legal assistance to the persons registered with the probation service

      4. Rendering assistance in obtaining social and legal assistance shall be carried out in relation to the persons to whom pre-trial, sentence, penitentiary and post-penitentiary probation is applied.

      The probation service when registering them shall:

      1) conduct a study of the personality of a person with establishing the state of health, the level of his/her education and employment, the presence of a place of residence, and also find out other information necessary to determine the amount of social and legal assistance;

      2) explain the procedure for the provision of social and legal assistance.

      Footnote. Paragraph 4 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      5. Based on the results of studying the personality and life situation of the person, the probation officer shall draw up an individual program within three working days after registration.

      6. The individual program shall include information on the need for the provision of social and legal assistance to a person registered with the probation service.

      7. The first copy of the individual program shall be attached to:

      1) the control case of the convicted person on probation;

      2) the personal file of the person sentenced to restriction of freedom;

      3) to the accumulative case of the person released on parole from places of deprivation of liberty;

      4) the accumulative case of a person released from places of deprivation of liberty, in respect of whom the court has established administrative supervision;

      5) the personal file of the person sentenced to deprivation of liberty;

      6) the accumulation case of a person subject to pre-trial probation;

      7) the accumulative case of a person whose deprivation of liberty has been replaced by a fine in accordance with Article 73 of the Criminal Code of the Republic of Kazakhstan;

      8) the accumulative case of a person who has served a term of punishment in the form of deprivation of liberty imposed by the court.

      The second copy of the individual program shall be issued to the person registered with the probation service against signature.

      Footnote. Paragraph 7 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      8. If, during the period of serving a sentence, a person has the opportunity to receive additional or other assistance, appropriate adjustments shall be made to the individual program by mutual consent to the person who is registered with the probation service.

      If a person who has served a sentence does not have or has lost housing, a probation officer, with the consent of the person shall direct him/her to local executive bodies to determine him/her in temporary accommodation organizations that provide special social services.

      Footnote. Paragraph 8 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 07.06.2016 No. 336 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      9. Persons released from places of deprivation of liberty on parole or in respect of whom administrative supervision has been established by the court, shall appear once a month to the probation service in order to report on the social and legal assistance received.

      10. In case of refusal of a person registered with the probation service 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 employees of an institution of the penal enforcement (penitentiary) system, an appropriate act shall be drawn up in the form approved by the authorized body in the field of penitentiary activities that is attached to his/her case.

      Footnote. Paragraph 10 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      11. After the expiration of probation control, the term of administrative supervision and deregistration of the probation service, the social and legal assistance provided by state bodies and other organizations continues according to the individual program.

      12. Within three working days after receiving the court order, the probation service shall send a notification to the local executive body and the organization providing social and legal assistance for its suspension in respect of persons: put on the wanted list; who have chosen a preventive measure "detention".

Chapter 3. Provision of social and legal assistance to the persons registered with the probation service

      13. The main direction of social and legal assistance to the persons registered with the probation service shall be assistance in obtaining education, mastering a profession, employment, treatment, and also providing legal assistance.

      14. Medical assistance shall be provided in state healthcare organizations within the guaranteed volume of free medical care.

      To provide medical assistance, the probation service shall send a copy of the individual program to the public health organizations at their place of residence.

      15. A person registered with the probation service with incomplete secondary education shall be sent to educational institutions at the place of residence by the probation service.

      16. Legal assistance to the persons registered with the probation service provides for the following services:

      1) registration of documents of legal significance, in cases where they do not have funds, to receive social benefits, social payments prescribed by law, to apply for employment, training, medical care;

      2) legal advice on the rights to social assistance, social security and ways to protect against their violations established by law;

      3) assistance in obtaining benefits, allowances and other social payments established by law, contributing to the solution of issues that create conditions for getting out of a difficult life situation.

      To provide legal assistance, the probation service shall send a copy of the individual program to the local executive bodies at their place of residence.

      Footnote. Paragraph 16 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 07.06.2016 No. 336 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      17. When providing employment assistance to a person registered with the probation service, local executive bodies shall carry out the following activities:

      1) send the unemployed to the vacancies available in the database of vacancies of the authorized body/employment centre;

      2) send the unemployed to social jobs;

      3) send the unemployed with their consent to public works;

      4) send the unemployed to vocational training, retraining and advanced training in accordance with the needs of the labor market with subsequent assistance in their employment;

      5) employ according to the quota of jobs.

      18. If the above mentioned category of persons needs other assistance, the probation service shall send a copy of the individual program to the appropriate organizations at their place of residence.

      19. A copy of the individual program shall be sent to local executive bodies, health authorities, education and other state, as well as to non-state organizations by the probation service within three working days after preparation of the individual program.

      20. After receiving a copy of the individual program, local executive bodies, public associations and other organizations shall inform the probation service about the assistance they provide or the impossibility of providing it within fifteen days.

      21. Illegal actions of probation officers, employees of local executive bodies, public associations and other organizations providing social and legal assistance may be appealed in the manner prescribed by law.

  Appendix 1
to the Rules for the provision of
social and legal assistance to the
persons registered with the
probation services

      Footnote. Appendix 1 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated April 6, 2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

  Form

_________________________________________________________
(name of probation service)
Individual program of providing social and legal assistance

      I, ______________________________________________________________

      (head (senior inspector, inspector) of the probation service,

      _________________________________________________________

      ( surname, initials of the employee)

      according to the results of the state of health, the level of education and employment, availability of a place of residence, as well as other information (of a person subject to pre-trial, sentence or post-penitentiary probation)

      (underline whatever applicable)

      compiled an individual program for the provision of social and legal assistance to

      _________________________________________________________

      (surname, name, patronymic)

      residing _____________________________________________________________

      (address)

      needs the following social and legal assistance:

      1) receiving a medical service (if necessary);

      2) legal assistance (if necessary):

      execution of documents of legal significance, in cases when a person registered with the probation service does not have funds to receive social benefits, social payments, as required by law, apply for employment, education, medical care;

      legal advice on statutory rights to social assistance, social security and ways to protect against their violations;

      assistance in obtaining benefits, allowances and other social payments established by the law, contributing to the solution of issues that create conditions for getting out of a difficult life situation;

      3) providing assistance in obtaining education (if necessary);

      4) mastering a profession and employment (if necessary);

      5) placement in a temporary stay organization providing special social services (in the event that a person who has served a sentence does not have or has lost housing);

      6) receiving other assistance (if necessary).

      The individual program for the provision of social and legal assistance was compiled by the head (senior inspector, inspector) of the probation service

      _____________ ___________ _______________________________

      (title)                         (signature)                  (surname, initials)

      "__" ____________ 20___

      S.P.

      I am familiar with and agree with the individual program for the provision of social and legal assistance _________________________________ ___________

      (surname and initials of the person) (signature)

      "___" __________ 20__

  Appendix 2
to the Rules for the provision
of social and legal assistance
to the persons registered with the
probation services

      Footnote. The Resolution is supplemented with Appendix 2 in accordance with the Resolution of the Government of the Republic of Kazakhstan dated 06.04.2017 No. 176 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

  Form

_____________________________________________________
(name of the institution)
Individual program for the provision of social and legal assistance

      We, the undersigned: ____________________________________________

      (head (senior inspector, inspector) of the probation service

      __________________________________________________________________________

      together with an employee of the institution of penitentiary (penal) system for the labor and household arrangements of the convicted)

      __________________________________________________________________________

      based on the results of the state of health, the level of education and employment, availability of a place of residence, as well as other information (of a person subject to penitentiary probation), compiled an individual program for the provision of social and legal assistance in relation to ____________________________________________________________________

      (surname and initials of the person)

      after release he/she will reside ______________________________________________,

      (address)

      needs in provision of the following social and legal assistance:

      1) receiving a medical service (if necessary);

      2) legal assistance (if necessary):

      execution of documents of legal significance, in cases when a person registered with the probation service does not have funds to receive social benefits, social payments, as required by the law, apply for employment, education, medical care;

      legal advice on statutory rights to social assistance, social security and ways to protect against their violations;

      assistance in obtaining benefits, allowances and other social payments established by the law, contributing to the solution of issues that create conditions for getting out of a difficult life situation;

      3) providing assistance in obtaining education (if necessary);

      4) mastering a profession and employment (if necessary);

      5) placement in a temporary stay organization providing special social services (in the event that a person who has served a sentence does not have or has lost housing);

      6) receiving other assistance (if necessary).

      An individual program for the provision of social and legal assistance was compiled by the head (senior inspector, inspector) of the probation service together with the employee for labor and household arrangements of the convicted of the institution.

      ______________ ___________ ______________________________

      (title)                        (signature)                   (surname, initials)

      ______________ ___________ _______________________________

      (title)                        (signature)                  (surname, initials)

      "___" ____________ 20___

      S.P.

      I am familiar with and agree with the individual program for the provision of social and legal assistance _________________________________ ___________

      (surname and initials of the person) (signature)

      "___" __________ 20__

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