further increases the social responsibility of the government. While current
challenges and needs for avoidance of imposing of restrictions to the right
of freedom of perpetrator and violators of law, humanizing of the relevant
criminal prosecution and criminal execution policies, and avoidance of the
practice of isolation of individuals from the society gradually are prioritized
under the Executive Order, its enforcement also becomes an integral part of
government policies.
One of the basic provisions that should be specifically highlighted in the
Executive Order is establishment of the Probation Service under the
Ministry of Justice of the Republic of Azerbaijan to modernize the work of
penitentiary institutions, renew their infrastructures and continue actions for
improvement of the administration mechanism; arrange an effective control
over execution of the penalties other than isolation from the society; and
increase the efficiency of related governance. This institute will engage in
an effective control over the execution of alternative penalties other that
isolation from the society. It should be mentioned that the Ombudsman
repeatedly addressed to probation issues within the framework of her
activity under the NPM and this issue was also included in the
Recommendations for the 2016 NPM Report and is being currently
implemented.
Also, due to its affectivity, the Executive Order will have an impact on
giving wide publicity to further restriction of the bases for addition of
alternative penalties to imprisonment to the sanctions of the criminal
offences in draft laws developed by the Supreme Court, the General
Prosecutor’s Office and the Ministry of Justice of the Republic of
Azerbaijan and improvement of the bases for application of the available
alternative penalties; application of conclusive actions other than arrest if
the public dangerousness of any offence committed is related to material
damage and the damage made is completely compensated; replacement of
non-served part of the penalty of imprisonment with a lesser penalty; release
on probation from the non-served part of penalties and application of
probation institutes more widely; expansion of the cases of application of a
conclusive action alternatively to arrest; facilitation of replacement of arrest
with conclusive actions which are alternative to arrest; and choosing of the
conclusive action of arrest for minor or less serious crimes.
Enabling a satisfactory improvement of court practices in the context of
legal reforms in addition to inspection and investigation authorities and
reduction of the criminality dynamics, these approaches also prioritize
protection of interests of every citizen from illegal intents, prevention of
misconduct and corruption cases, and protection of dignity and honor.
57
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