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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of February 5, 2018 No. 95

"About approval of Regulations of temporary detention centers of law-enforcement bodies"

According to Item 1 of article 15 of the Law of the Republic of Kazakhstan of March 30, 1999 "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" to PRIKAZYVAYU:

1. Approve the enclosed Regulations of temporary detention centers of law-enforcement bodies.

2. Declare invalid the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 1, 2002 No. 385 "About approval of Regulations of temporary detention centers of law-enforcement bodies" (it is registered in the Register of state registration of regulatory legal acts for No. 1883, No. 16, is published by Art. 844 in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan, 2003.).

3. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan after its official publication.

5) within ten working days after state registration of this order submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

4. To impose control of execution of this order on the deputy minister of internal affairs of the police major general Turgumbayev E. Z. and Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.).

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Internal Affairs of the Republic of Kazakhstan police colonel general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 5, 2018 No. 95

Regulations of temporary detention centers of law-enforcement bodies

Chapter 1. General provisions

1. These rules of internal rules and procedures of temporary detention centers of law-enforcement bodies (further - Rules) determine procedure for providing detention regime under guards of suspects and the criminal offenses accused of making in temporary detention centers of law-enforcement bodies.

The mode includes procedure and conditions of detention of suspects and persons accused, providing their rights, execution of the obligations by them, their isolation, and also accomplishment of the tasks provided by the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK). Requirements of Rules are observed by the employees of temporary detention center containing in them persons, and also the other persons visiting temporary detention center.

2. In temporary detention center are passed:

1) the prosecutors exercising supervision of legality in places of detention, freely at any time - on presentation of the official ID;

2) the officials of law-enforcement body exercising inspection or control of the organization and service on protection of the containing persons, police officers of places of detention - on presentation of the official ID;

3) the staff of other services for implementation of check of service of the job specification on duty - on presentation of the special instruction issued by the chief of higher body of internal affairs;

4) the prosecutors, investigators and persons making inquiry in investigative offices of temporary detention center and only for production of legal proceedings - on presentation of the official ID;

5) the staff of criminal police, on fight against organized crime and extremism in investigative offices of temporary detention center and only according to the written order of person performing pre-judicial investigation - on presentation of the official ID;

6) defenders in investigative offices of temporary detention center - on presentation of the order, certificate of the lawyer and the identity certificate;

7) other persons to whom the appointment to the detained suspects and persons accused is in accordance with the established procedure provided, only to the room for appointments - on presentation of the corresponding permission and the identity document;

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