Article 130. Violations of the established procedure for serving sentences of the Criminal Executive Code of the Republic of Kazakhstan
1. Failure to comply with the requirements established by this Code and the internal regulations of institutions is a violation of the established procedure for serving a sentence.
2. Malicious violations of the established procedure for serving a sentence are:
1) refusal, without valid reasons, to carry out work on the improvement of the institution and the improvement of living conditions;
2) threatening the representatives of the institution's administration, insulting them, disobeying them, including those involving intentional self-harm in order to violate the regime of serving a sentence;
By the Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 06.12.2023 No. 37-NP, subparagraph 2) of the second part of Article 130 of this Criminal Executive Code of the Republic of Kazakhstan is recognized as corresponding to the Constitution of the Republic of Kazakhstan.
3) transfer (receipt), manufacture, storage of objects, documents, things, products, substances, food products not provided for by the internal regulations of institutions;
4) evading compulsory and compulsory medical treatment ordered by the court;
5) refusal of paid work provided by the administration of the institution in accordance with Article 119 of this Code;
6) unauthorized abandonment of the territories of a minimum security facility, a medical health organization and a work facility;
7) failure to return to the institution within the prescribed period of a convicted person who is allowed short-term and long-term travel outside its borders, as well as who is allowed to go out to purchase basic necessities, visit a bathhouse, hairdresser, in connection with training and work performed by them, except for the cases provided for in part eight of Article 113 of this Code;
8) the use of alcohol, narcotic drugs, psychotropic or other intoxicating substances;
9) playing cards, as well as other games for the purpose of material or other benefits;
10) committing sexual acts;
11) minor hooliganism;
12) organization or active participation in groups of convicts aimed at committing violations specified in subitems 1) – 11) of this part;
13) repeated homogeneous violation of the established procedure for serving a sentence, for which the convicted person was punished for six months in the form of placement in a disciplinary isolation unit or transfer to solitary confinement;
14) crossing the fence of the internal restricted area of the institution without the permission of the administration of the institution;
15) refusal to undergo a medical examination in accordance with the established rules to establish the fact of using a psychoactive substance and intoxication;
16) obstructing the necessary review of surveillance cameras and video recorders.
3. A convicted person to whom a penalty measure has been applied is recognized as a violator of the established procedure for serving a sentence.
A convicted person who has been subjected to punitive measures two or more times within six months, with the exception of placement in a disciplinary isolation unit or transfer to solitary confinement, is recognized as a systematic violator of the established order of serving his sentence.
A convicted person who has committed the violations specified in part two of this article, subject to the imposition of a penalty in the form of placement in a disciplinary isolation unit or transfer to solitary confinement, shall be recognized as a malicious violator of the established procedure for serving a sentence.
4. The penalty is imposed by a reasoned decision of an official of the institution.
Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V.
President
Republic of Kazakhstan
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