Article 143. Conditions for serving sentences in minimum security institutions of the Penal Enforcement Code of the Republic of Kazakhstan
1. Convicts serving their sentences in minimum‑security facilities are held without security, but under the control and supervision of the facility’s administration.
2. The facility’s administration issues the convict a document of the established form confirming their identity. The documents удостоверяющие the convict’s identity are kept in their personal files.
3. Convicts are allowed to bring items and substances onto the facility grounds, use them, and store them, with the following exceptions:
1) mobile communication devices;
2) computer equipment, devices with audio, photo, and video recording functions;
3) firearms and bladed weapons;
4) hazardous and explosive substances;
5) narcotic drugs or psychotropic substances;
6) military‑style clothing;
7) all types of alcoholic beverages;
8) medical preparations containing narcotic substances without a doctor’s permission.
4. Convicts serving their sentences under normal conditions in minimum‑security facilities live in dormitories or cells.
They have the right to:
1) to move freely within the territory of the institution, except during the time allotted by the institution’s internal regulations for sleep;
2) with the permission of the institution’s administration, to move unsupervised within the boundaries of the territory adjacent to the institution, if this is necessary due to the nature of the work they perform, in connection with their studies, to purchase essential items, to visit a bathhouse or a barbershop, four times a month from 9 a.m. to 6 p.m.;
3) to wear civilian clothing;
4) to have money and valuables with them;
5) to use money without restrictions;
6) to have one short‑term and one long‑term visit per month.
5. Convicts serving their sentence under less severe conditions in minimum‑security facilities live in dormitories or cells.
Along with the rights provided for in part four of this article, convicts have the right to:
1) to have one short‑term and one long‑term visit per week;2) to live with their families in rented or owned housing within the settlement where the institution is located. At the same time, they are required to report to the institution for registration four times a month on the days established by a resolution of the institution’s head, and to be at their place of residence from 9 p.m. to 7 a.m. The institution’s administration has the right to inspect the living quarters where convicts reside at any time of day or night.
Permission or refusal to reside with their families in rented or owned residential premises within the locality where the institution is located, as well as the extension or revocation of this right, are formalized by a resolution issued by the head of the institution or the person in charge of it, in accordance with the institution’s internal regulations. A copy of the resolution is sent to the prosecutor no later than the next working day.
6. Convicts serving their sentence under strict conditions live in dormitories or cells.
They have the right to:
1) with the permission of the institution’s administration, to move within the institution’s territory, except during the time allotted by the institution’s internal regulations for sleep;
2) wear civilian clothing;
3) use money without restrictions;
4) with the permission of the institution’s administration, to move unsupervised within the boundaries of the territory adjacent to the institution, if necessary to purchase essential items, once a month between 9 a.m. and 6 p.m.
5) to have one short‑term visit every quarter and one long‑term visit every six months.
7. The labour of convicts is regulated by the labour legislation of the Republic of Kazakhstan, with the exception of the conclusion and termination of employment contracts and transfer to another job. The conclusion, termination of an employment contract and the transfer of a convict to another job are carried out by the employer with the notification of the institution’s administration.
8. The administration of the institution provides employment for convicts at the institution’s enterprise or, if such an opportunity is not available, at another institution, a territorial body of the penal system, or an authorized body of the penal system located outside the institution, but within the capital, the relevant region, or the city of republican significance where the institution is located, on the basis of agreements between the administration of the institution and the employer, with the right for convicts to reside, provided that they are subject to proper control and supervision.
Convicts may be employed in other organizations within the capital, the relevant region, or the city of republican significance where the institution is located, on the basis of agreements between the administration of the institution and the employer, without the right to reside.
The right to reside in state institutions of the penal system is not granted to convicts with a negative behavior rating.
9. The administration of the institution is obliged to withdraw a convict from the organization where he is employed:
1) upon a written order from higher authorities of the penal system;
2) upon his release;
3) upon the introduction of a state of emergency or martial law;
4) in the event of a violation
10. Convicts are allowed to study via online learning in educational institutions that offer technical and vocational, post‑secondary, and higher education programs, provided that the institution has the necessary technical facilities.
Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
