On approval of the Agreement on the Formation of the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States

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Decree of the President of the Republic of Kazakhstan dated October 26, 2016 No. 360.

In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached Agreement on the formation of the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Agreement), signed on October 16, 2015 in Burabaya.

2. To determine the Ministry of Internal Affairs of the Republic of Kazakhstan as the competent authority responsible for the implementation of the Agreement.

3. The Ministry of Foreign Affairs of the Republic of Kazakhstan should notify the Executive Committee of the Commonwealth of Independent States of the decision.

4. This Decree shall enter into force from the date of its signing.

President

Republic of Kazakhstan

N.Nazarbayev

Officially

certified

text

Agreement on the formation of the Council of Heads of Penitentiary Servicesstate Members of the Commonwealth of Independent States

(Entered into force on December 14, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 6, Article 112)

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Considering the international nature and modern scale of transnational organized crime, which pose a threat to the security of the Parties,

Attaching great importance to the development of cooperation and striving to coordinate cooperation in the implementation of penal enforcement policy,

realizing that the development of such cooperation meets their interests,

proceeding from the goals and objectives of the Commonwealth of Independent States,

have agreed on the following:

Article 1

For the purposes of this Agreement, the penitentiary service means the competent authority of the Party responsible for the implementation of law enforcement functions, the functions of executing criminal penalties against convicted persons and other coercive measures of criminal law, the functions of detaining persons suspected or accused of committing crimes and defendants in custody, their protection and escort, as well as functions for monitoring the behavior of probationers, those released on parole from serving their sentences, convicted persons, to whom the court has granted a delay in serving their sentence, and to monitor the presence of persons suspected or accused of committing crimes in places of execution of a preventive measure in the form of house arrest and their compliance with prohibitions and (or) restrictions imposed by the court.

Article 2

The Parties shall form the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Council).

Article 3

The Council carries out its activities on the basis of the Regulations on the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States, which is an integral part of this Agreement.

Article 4

Each of the Parties shall determine the competent authority responsible for the implementation of this Agreement and inform the depositary thereof at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement.

In the event of a change in the competent authority responsible for the implementation of this Agreement, the Parties shall inform the depositary thereof.

Article 5

By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by appropriate protocols.

Article 6

This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

Article 7

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.

Article 8

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 9

This Agreement is open for accession by any member State of the Commonwealth of Independent States that shares its goals and principles by submitting an instrument of accession to the depositary.

The Agreement enters into force for the acceding State.:

a) after 30 days from the date of receipt of the instrument of accession by the depositary, provided that the Agreement entered into force at the time of delivery of the instruments of accession to the depositary;

b) from the date of entry into force of the Agreement, provided that the Agreement has not entered into force at the time of deposit of the accession documents with the depositary.

Article 10

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal date and settling financial and other obligations that have arisen during the validity of the Agreement.

Done in the village of Burabai (Republic of Kazakhstan) on October 16, 2015 in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan

For the Russian Federation

For the Republic of Armenia

For the Republic of Tajikistan

For the Republic of Belarus

For Turkmenistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

For the Kyrgyz Republic

For Ukraine

For the Republic of Moldova

Annex to the Agreement on the Formation of the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States16 October 2015

Regulations on the Council of Heads of Penitentiary Servicesthe Member States of the Commonwealth of Independent Statesi. General provisions

1. The Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Council) is a body of sectoral cooperation of the Commonwealth of Independent States and is designed to coordinate the interaction of penitentiary services in the penitentiary sphere.

2. The Council is guided in its activities by the Charter of the Commonwealth of Independent States, international treaties and decisions adopted within the framework of the Commonwealth of Independent States, as well as these Regulations.

3. The Council carries out its activities in cooperation with the Executive Committee of the Commonwealth of Independent States, the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States, and the State authorities of the member States of the Commonwealth of Independent States.

4. The Council is accountable in its activities to the Council of Heads of State of the Commonwealth of Independent States.

5. The Council organizes its work on the basis of plans developed and approved by it.

The Council annually provides the Executive Committee of the Commonwealth of Independent States with information on its activities.

II. Main activities and functions of the Council

6. The main activities of the Council are:

identification of priority areas of cooperation in the penitentiary sector of the member States of the Commonwealth of Independent States;

coordination of practical cooperation between penitentiary and other interested national services and departments of the member States of the Commonwealth of Independent States on the main aspects of the penitentiary sphere in the performance of the Council's functions;

assistance in the implementation of adopted interstate and intergovernmental decisions in the penitentiary sector of the member States of the Commonwealth of Independent States.

The main functions of the Council are:

development of targeted programs in priority areas of joint activities of the penitentiary services of the member States of the Commonwealth of Independent States;

development of proposals for the harmonization of penitentiary legislation of the member States of the Commonwealth of Independent States;

interaction with relevant bodies of the member States of the Commonwealth of Independent States, bodies of sectoral cooperation of the Commonwealth of Independent States, as well as international and non-governmental organizations and public associations on issues within the competence of the Council;

organization of information exchange at the meetings of the Council on the implementation of documents adopted by the member States of the Commonwealth of Independent States in the penitentiary sphere;

review of the implementation of the obligations assumed by the penitentiary services of the member States of the Commonwealth of Independent States in accordance with the decisions of the Council;

consideration of other issues within the competence of the Council.

III. Council rights

7. The Council has the right:

To adopt, within its competence, decisions and recommendations aimed at developing cooperation and interaction between the penitentiary services of the member States of the Commonwealth of Independent States;

Submit proposals for consideration by the Council of Heads of State, the Council of Heads of Government, the Economic Council, and the Council of Foreign Ministers of the Commonwealth of Independent States in accordance with the established procedure.;

Establish, in accordance with the established procedure, working bodies (committees, commissions, working groups) in the areas of the Council's activities and, if necessary, approve regulations on them.;

Involve scientists and specialists in accordance with the established procedure for the implementation of certain functions of the Council.;

to resolve other issues within the competence of the Council.

IV. Organization of the Council's activities

8. The Council consists of the heads of the penitentiary services of the States Parties to this Agreement (hereinafter referred to as the Council members).

Each State has one vote in the Council.

The head of the penitentiary service of a State Party to this Agreement has the right to designate his permanent representative, who is authorized to make decisions at a meeting of the Council.

A member of the Council who is unable to attend the meeting has the right to delegate his representative, who is authorized to make decisions at the Council meeting.

The Council, with an advisory vote, includes the head of the Council's Secretariat, as well as a representative of the CIS Executive Committee.

9. The Council is chaired alternately by each member of the Council on the basis of the principle of rotation in the order of the Russian alphabet of the names of the member States of the Commonwealth of Independent States, as a rule, for one year, unless otherwise established by a decision of the Council. The previous and subsequent Chairmen of the Council are its co-Chairmen.

In case of temporary absence of the Chairman of the Council, his duties are assigned to one of the Co-Chairmen.

10. Chairman of the Council:

Carries out the general management of the Council's activities and is responsible for the fulfillment of the tasks assigned to it.;

Holds Council meetings;

On behalf of the Council, he signs and sends documents to the penitentiary services of the member States of the Commonwealth of Independent States.;

represents the Council in accordance with the established procedure in the bodies of the Commonwealth, as well as in the state authorities of the member States of the Commonwealth of Independent States.;

maintains and develops contacts with other organizations at the level of their working (executive) bodies within its competence;

promotes cooperation between the penitentiary services of the member States of the Commonwealth of Independent States;

performs other actions related to ensuring the activities of the Council.

11. The Council approves the rules of its work.

12. Meetings of the Council are held, as a rule, in the States Parties to this Agreement alternately, as necessary, but at least once a year.

13. Meetings of the Council are valid if attended by at least half of the members of the Council or their representatives.

14. The Council makes decisions within its competence by a qualified majority of votes (three-quarters of the number of those taking part in the voting), procedural decisions are made by a simple majority.

The penitentiary services of the member States of the Commonwealth of Independent States, if necessary, adopt appropriate acts within their competence to ensure the implementation of decisions taken by the Council.

Members of the Council who disagree with the decision may express a dissenting opinion or declare the lack of interest of the penitentiary service of their State in a particular issue, which should not be considered as an obstacle to making a decision.

15. By decision of the Council, representatives of other interested States may participate in its work as observers.

16. Extraordinary meetings of the Council may be convened as necessary.

An extraordinary meeting of the Council is convened by the Chairman on his initiative or on the proposal of at least three members of the Council.

17. Specialists and experts from interested ministries and departments of the member States of the Commonwealth of Independent States, as well as representatives of working bodies, may be invited to attend Council meetings.

V. The secretariat of the Council

18. The organizational, technical and informational support of the Council's activities is provided by the Secretariat.

By decision of the Council, the functions of the Secretariat, including on a permanent basis, are performed by one of the units of the penitentiary service of the State Party to this Agreement. These functions are performed by the department of the Penitentiary Service in conjunction with the relevant structural unit of the Executive Committee of the Commonwealth of Independent States.

The Head of the Secretariat (Secretary of the Council) is a representative of the Penitentiary Service unit responsible for performing the functions of the Secretariat, and the Deputy Head of the Secretariat is a representative of the Executive Committee of the Commonwealth of Independent States.

19. The Secretariat:

organizes and ensures the holding of Council meetings in accordance with the procedure provided for by these Regulations. When conducting field meetings in the member States of the Commonwealth of Independent States, this work is carried out jointly with the penitentiary services of the host States.;

prepares the materials submitted for consideration at the meetings of the Council;

Sends, in accordance with the established procedure, the provisional agenda and draft documents submitted for consideration by the upcoming Council meeting to the penitentiary services of the member States of the Commonwealth of Independent States.;

ensures timely referral to the penitentiary services of the member States of the Commonwealth of Independent States of decisions taken within the framework of the Council;

organizes expert meetings in accordance with the decisions of the Council on the preparation of draft documents considered at the meetings of the Council;

keeps minutes of meetings of the Council's expert groups;

Cooperates with the penitentiary services of the member States of the Commonwealth of Independent States regarding the timely identification of participants in the Council meeting and the expert meeting preceding it to discuss issues on the agenda of the next Council meeting.;

Jointly with the penitentiary services of the member States of the Commonwealth of Independent States, it monitors the implementation of decisions taken by the Council, informs the Chairman and members of the Council about the results.;

interacts, within the limits of its competence, with other bodies of sectoral cooperation of the Commonwealth of Independent States, as well as with the relevant division of the Executive Committee of the Commonwealth of Independent States in terms of coordinating and preparing draft documents discussed during Council meetings and submitted for consideration.

In order to carry out its functions, the Council Secretariat has the right to request the necessary information from the penitentiary services of the member States of the Commonwealth of Independent States in accordance with the procedure established by the legislation of the Parties.

20. The Secretary of the Council is appointed by the decision of the Council.

Secretary of the Council:

Manages the activities of the Secretariat;

organizes the work of the Council between meetings;

provides organizational and informational support for the Council's activities in cooperation with the Executive Committee of the Commonwealth of Independent States.

The Secretary of the Council may be relieved of his duties at his own request or by decision of the Council.

21. The accounting and storage of Council documents is carried out by the structural unit of the Executive Committee of the Commonwealth of Independent States, whose representative is a member of the Secretariat.

VI. Financing

22. Expenses related to the financing of the Council meeting are carried out at the expense of the penitentiary service of the host State Party to this Agreement.

23. Travel expenses for members of the Council and participants in the meeting are borne by the sending State authorities and organizations of the member States of the Commonwealth of Independent States.

I hereby certify that the attached text is an authentic copy of the Agreement on the Formation of the Council of Heads of Penitentiary Services of the Member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on October 16, 2015 in the village of Burabai, Republic of Kazakhstan. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman

The Executive Committee -

CIS Executive Secretary

V. Garkun

President

Republic of Kazakhstan

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