On Administrative Supervision of Persons, Released From Places of Detention

The Law of the Republic of Kazakhstan dated 15 July, 1996 No.28-1

      Footnote. Throughout the text the words of “corrective labour institution” are substituted by the Law of the Republic of Kazakhstan dated 30 October, 2002 No. 350.

      This Law determines the content of administrative supervision of persons, released from places of detention, carrying out in the territory of the Republic of Kazakhstan and consolidates the system of legal guarantees of legality in its application.

CHAPTER I
General provisions

Article 1. Content, concept and purposes of administrative
supervision

      Administrative supervision is the form of prevention of recidivism shall be realized on the basis of observance of legality, guarantees of rights and freedoms of citizens and shall be carried out on the ground of decree of judge by internal affairs bodies as enforcement measure in the form of establishment of observation of behavior of persons, released from places of detention, to whom the restrictions, determined by the legislation, are established for the purposes of prevention of infractions from their side.

Article 2. Persons, for whom administrative supervision is
established

      Administrative supervision shall be established of persons, served sentence:
      a) for extremist and (or) terrorist crimes;
      b) for heavy and especially grave crimes or judged two and more times to imprisonment for intentional crime, if during service of sentence their behavior indicated that they stubbornly refuse to mend their ways and remain dangerous to society;
      c) for heavy and especially grave crimes or judged two and more times to imprisonment for intentional crime, if they after service of sentence despite of warnings of internal affairs bodies, systematically violate public order and rights of other citizens, commit other infractions.
      Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 30 October, 2002 No. 350; dated 8 July, 2005 No. 67 (the order of enforcement see Article 2); dated 26 March, 2007 No. 240 (the order of enforcement see Article 2); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 3. Ground for establishment of administrative
supervision

      The ground for establishment of administrative supervision are:
      a) a court verdict, that has entered into legal force in relation of persons, specified in subparagraph “a” of Article 2 of this Law;
      b) matrials of correctional institutions – in relation of persons, specified in subparagraph “b” of Article 2 of this Law;
      c) materials of internal affairs bodies – in relation of persons, specified in subparagraph “c” of Article 2 of this Law.

CHAPTER II
Procedure of establishment, implementation and termination
of administrative supervision

Article 4. The term and place of establishment of
administrative supervision

      Administrative supervision shall be established:
      a) for persons, specified in subparagraphs “a” and “b” of Article 2 of this Law, - upon release from correctional institution;
      b) for persons, specified in subparagraph “c” of Article 2 of this Law, - on place of residence, during three years from the date of release from correctional institution.

Article 5. Procedure of establishment of administrative
supervision

      Administrative supervision shall be established:
      for persons, specified in subparagraphs “a” and “b” of Article 2 of the Law, - in the judicial sitting by individual judge of district (city) court on location of correctional institution on motivated presentation of the head of correctional institution;
      for persons, specified in subparagraph “c” of Article 2 of the Law, - in the judicial sitting by individual judge of district (city) court on place of residence of person, released from place of detention, on motivated presentation of the head of internal affairs bodies.
      The copy of sentence and materials, certifying on necessity of establishment of administrative supervision for relevant person shall be directed to the court together with presentation.
      A person, in relation of whom presentation on establishment of administrative supervision was made, and on application – defender, as well as representative of body, the head of whom made a presentation shall be called in the judicial sitting.
      Examination of issue begins by the report on the content of presentation and materials, received with it, after hear the explanations of persons, coming to the judicial sitting.
      After consideration of the case the judge comes to the deliberation room to makes a decision, and then returned to the courtroom and announces the decision.
      Decree of judge shall be directed for execution to the head of district (city) department (management) of internal affairs on place of residence of person, in relation of whom the supervision is established, and in the cases, provided by subparagraphs “a” and “b” of Article 2 of the Law, - to the head of correctional institution.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 30.10.2002 No. 350; dated 07.12.2009 No. 222-IV(the order of enforcement see Article 2).

Article 6. Validity of administrative supervision

      Administrative supervision shall be established for the term of six months to one year.
      In the cases of violation of rules of administrative supervision or declared to him (her) restrictions by supervised, as well as commission by him (her) infractions, the term of supervision shall be extended by decree of judge on motivated presentation of internal affairs bodies each time for six months, but not more than two years.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Article 2).

Article 7. Restrictions, applied in relation of supervised

      In relation of persons, for whom an administrative supervision is established may be applied the following restrictions in full volume or separately, depending on lifestyle, behavior in the family and place of residence, other circumstances, characterizing personality of supervised:
      a) prohibition to leave home in time, determined by the internal affairs bodies;
      b) prohibition of residence in the points of district (city) determined by the internal affairs bodies, as well as departure outside the district (city) without notifying the internal affairs body, carrying out supervision;
      c) compulsory appearance in the local internal affairs body for registration of one to four times a month.

Article 8. Change of restrictions, established to
the supervised

      The list of restrictions to the supervised may be reduced or supplemented by judge on motivated presentation of internal affairs body in recognition of his (her) lifestyle and behavior, but within restrictions, provided by Article 7 of this Law.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Article 2).

Article 9. Procedure of direction of decree on establishment of
administrative supervision on place of residence of supervised
by administration of correctional institution

      Administration of correctional institution shall direct a decree of judge on establishment of administrative supervision with notification on arrival time of convicted person to the internal affairs body on chosen place of residence of supervised before release of persons, for whom an administrative supervision is established, from places of detention.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 30 October, 2002 No. 350.

Article 10. Pronouncement of decree on establishment, extension
of administrative supervision or change of restrictions to the
supervised

      Decree of judge on establishment of administrative supervision of on extension of term, or change of restrictions upon carrying out of supervision shall be declared to the supervised under signed receipt by the head of district (city) internal affairs body, and to the person, being in the places of detention, - by the head of correctional institution. Upon that the obligations, responsibility for violation of rules of administrative supervision are explained to the supervised, and to the person, in relation of which supervision is established before release from the places of detention, - responsibility for non-arrival at a specified period to the chosen place of residence.

Article 11. Registration of persons, consisting under
administrative supervision

      Registration of persons, consisting under administrative supervision shall be carried out in the manner established by the Ministry of Internal Affairs of the Republic of Kazakhstan.

Article 12. Obligations of civil servants, carrying out
administrative supervision

      Servants of internal affairs bodies upon carrying out of administrative supervision shall be obliged to:
      a) systematically observe the behavior of supervised on place of their residence and work;
      b) prevent and suppress violation of public order, rights and legal interests of citizens by supervised;
      c) draw up protocols on violations of rules of administrative supervision in the established procedure and direct them for consideration in a court.

Article 13. Rights of servants of internal affairs bodies,
carrying out administrative supervision

      Upon carrying out administrative supervision the servants of internal affairs bodies shall have a right to:
      a) request and receive details on behavior of supervised from administration of organization, irrespective of their form of ownership, on place of his (her) work and residence, as well as from citizens;
      b) call of supervised for the interview in the internal affairs bodies, conduct an interview in the presence of relatives of supervision with their consent;
      c) require oral and written explanations on issues, related with execution of the rules of administrative supervision, from the supervised;
      d) visit the house of supervised at any time of the day in order to observe his (her) behavior and compliance with restrictions, established by them. Upon that execution of inspection, search otherwise as in the cases and in the manner established by the legislation shall not be allowed.

Article 14. Grounds of termination of administrative
supervision

      Administrative supervision shall be terminated:
      a) upon expiration of the term, for which an administrative supervision is established, if there are no grounds for its extension;
      b) prematurely, if it is established that a supervised mend his (her) ways, positively characterized on place of residence or labour activity;
      c) in the cases of cancellation or clearing of a criminal record from the supervised;
      d) in connection with direction of supervised for the compulsory treatment in a specialized medical preventive institutions;
      e) in connection with conviction of supervised to imprisonment;
      f) in connection with the death of supervised.
      Footnote. Article 14 as amended by the Law of the republic of Kazakhstan dated 07.12.2009 No. 222-IV (the order of enforcement see Article 2).

Article 15. Procedure of termination of administrative
supervision

      On termination of administrative supervision, in the cases provided by subparagraphs “a”, “b”. “c”, “d” and “e” of Article 14, a decree, which is approved by the head of district (in a city), city department (management) of internal affairs shall be issued by the servant of internal affairs body, carrying out administrative supervision.
      On early termination of administrative supervision in the case, provided by subparagraph “b” of Article 14, a motivated presentation, which is subject to consideration, within a ten-day period shall be directed to a court by the head of internal affairs body.
      Decree of judge or internal affairs body on termination of administrative supervision shall be declared to the supervised under signed receipt.

CHAPTER III
Obligations and rights of persons, being under
administrative supervision, and responsibility for
violation of rules of supervision

Article 16. Obligations of persons, being under administrative
supervision

      A person, being under administrative supervision shall be obliged to:
      a) observe restrictions established in relation of him (her), provided by Article 7 of this Law;
      b) appear on call to the internal affairs bodies in the specified term and offer the oral and written explanations on issues, related with execution of rules of administrative supervision;
      c) notify the servants of internal affairs body, carrying out administrative supervision within 24 hours, on change of place of work and residence, as well as on departure outside of the district (city) on official and private matters;
      d) register in the local internal affairs body for carrying out of control of his (her) behavior upon departure with permission of internal affairs body in another inhabited locality and being there more than a day.

Article 17. Rights of persons, being under administrative
supervision

      A person, being under administrative supervision shall have a right to:
      a) acquainted with the materials of the case in a court on establishment of administrative supervision and application of restrictions;
      b) offer explanations, supply evidences;
      c) make an application on early termination of administrative supervision, cancellation of restriction established in relation of him (her), short-term departure from permanent residence;
      d) acquainted with decree in the internal affairs body on termination of administrative supervision.

Article 18. Responsibility for violation of rules of
administrative supervision

      A person, being under administrative supervision, in the case of violation of rules of supervision or restrictions established in relation of him (her) shall be brought to responsibility in the manner established by the Law of the Republic of Kazakhstan.
      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 30 October, 2002 No. 350.

CHAPTER IV
Supervision over the legality

Article 19. Supervision of ensuring of legality upon carrying
out of administrative supervision

      Supervision of ensuring of legality shall be carried out by the Prosecutor General of the Republic of Kazakhstan and prosecutors subordinated to him (her).

Article 20. Cancelation or change of administrative supervision

      Decree of judge on establishment of administrative supervision may be cancelled or changed on the protest of prosecutor or directly by the higher court in the manner established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 30 October, 2002 No. 350.

      The President of the Republic of Kazakhstan