Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of October 16, 1998 No. 131

About operational search activities

(The last edition from 28-07-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 5, 1998

This Law determines content of the operational search activities performed in the territory of the Kyrgyz Republic and fixes system of guarantees of legality when conducting investigation and search operations.

Section I. General provisions

Article 1. Operational search activities

Operational search activities - type of activity, performed, publicly or secretly, the state bodies authorized on that by this Law within their competence by conducting investigation and search operations for the purpose of protection of life, health, rights and freedoms of man and citizen, property, safety of society and the state from criminal encroachments.

Article 2. Basic concepts

Poll of citizens - personal meeting of the operational worker with the citizen to whom actual data about the researched event or about persons, involved in it, can be known.

Targeting of references - official obtaining by the field investigator of the actual information important for the solution of tasks of operational search activities from operational, criminalistic and other databases.

Collection is model for comparative research - detection and withdrawal of the material data carriers which kept traces of crime or faces, committed crime, the criminal encroachments and other objects able serving as objects to serve as the sensor of socially dangerous illegal act and persons, to it involved.

Checking purchase - the situation of the purchase of goods (without consumption purpose and sale) in the presence of operational information about the violations of the law attracting criminal liability regulating financial, economic, business or trading activity which is artificially created by the field investigator (operational division).

Research of objects and documents - research of the objects and documents which kept on themselves traces of criminal activities, were the tool of crime execution or result of criminal activities for the purpose of detection of crimes and persons, to them involved.

Controlled delivery (checking delivery) - creation of controlled movement of goods or objects which free realization is forbidden or turnover of which it is limited, and equally the objects got in the criminal way or which kept on itself traces of crime or tools or means of crime execution for the purpose of effective identification, suppression and investigation of crimes.

Identification of the personality - identification of the suspect (checked) on dactyloscopic card-index, marks left on the scene on composition of blood, saliva, smell traces and so forth.

Inspection of rooms of buildings, constructions, sites of the area and vehicles - public or secret survey of the objects occupied or used by the checked face for possible detection of the traces of crime, tools of crime execution, other objects or documents concerning criminal activities.

Control of mailings, cable and other messages - secret viewing of certain correspondence for the purpose of detection of data on criminal activities of the checked face, identifications of its communications and receipt of information.

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 including in networks (on channels) communications.

Quick search in communication networks - secret actions for identification of signs of unlawful activity in information transferred on the communication networks performed by means of special technical means.

Secret listening and record of talk - secret control of video and speech information of the checked person, the suspect accused with use video, audio equipment and (or) special technical means and fixing of its content on the material carrier.

Receipt of information on connections between subscribers and (or) subscriber devices - withdrawal of information on the entering and outgoing calls (connections) of the subscriber, and also other data from databank of telecom operators.

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