Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of September 15, 1994 No. 154-XIII

About operational search activities

(The last edition from 12-07-2018)

This Law determines content of the operational search activities performed in the territory of the Republic of Kazakhstan and fixes system of legal guarantees of legality in case of its carrying out.

Section 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) poll of persons - collection of the actual information important for the solution of tasks of operational search activities according to the interviewed person who has or can have it;

2) targeting of references - receipt of the actual information important for the solution of tasks of operational search activities by the direction of official request to the relevant physical person or legal entity having or able to have information which is of interest;

3) special operational search event - the operational search action which is directly affecting the personal privacy protected by the law, the mystery of correspondence, telephone negotiations, cable messages and mailings, and also the right to inviolability of home;

4) special technical means - the devices, the equipment, devices, the equipment having special functions, the software and design features for getting and documentation of information during conducting investigation and search operations and secret investigative actions;

5) observation - visual and other perception and fixing of tasks of operational search activities of the phenomena, acts, events, processes, significant for the decision;

6) quick search on communication networks - secret actions for detection of signs of unlawful activity in information transferred on communication network;

7) secret removal of information from the computers, servers and other devices intended for collection, processing, accumulating and storage of information - the secret removal by special technical means and (or) computer programs of information from computers, servers and other devices intended for collection, processing, accumulating and storage of information made if necessary by secret penetrations and (or) inspections;

8) controlled delivery - method of receipt of information on signs of criminal activities by establishment of shipping control, and products which free realization is prohibited or turnover of which is limited to purchase, sale, movement of objects, substances, and also the criminal encroachments which are objects or tools;

9) search and identification of the personality in signs - set of the organizational and subject and practical actions directed to detection and identification of required person on the static, dynamic and genomic signs individualizing it, and it is equal by means of description and other methods allowing with sufficient degree of probability to identify the person;

10) implementation - secret implementation of the employee of the body performing operational search activities, or cooperating with it the confidential assistant in environment of object of operational interest for the solution of tasks of operational search activities;

11) general operational search action - set of the actions of the bodies performing operational search activities, directed to the solution of tasks of these activities connected by single tactical, strategic intention;

12) case of operational accounting - the isolated production which is conducted the body performing operational search activities;

13) secret penetration and (or) inspection of the place - secret penetration into residential, service, production premises, buildings, constructions, storage, the vehicle or the site of the area, if necessary, with their inspection, and also for the solution of other tasks of operational search activities;

14) operational purchase - creation of situation of the imaginary deal in which with the consent of the body performing operational search activities and under its control are paid acquired without consumption purpose or it is sold objects at the studied person for the purpose of receipt of information on probable criminal activities;

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