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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 24, 2012 No. 670

About approval of Rules of application of special means and office weapon by the state inspectors on protection of fauna and inspectors of the specialized organizations for protection of fauna, and also use of office weapon by huntsmen

(In edition of the Order of the Government of the Republic of Kazakhstan of 24.02.2016 No. 106)

According to the subitem 11) of article 8 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of application of special means and office weapon as the state inspectors on protection of fauna and inspectors of the specialized organizations for protection of fauna, and also use of office weapon by huntsmen.

2. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of May 24, 2012 No. 670

Rules of application of special means and office weapon by the state inspectors on protection of fauna and inspectors of the specialized organizations for protection of fauna, and also use of office weapon by huntsmen

1. General provisions

1. These rules of application of special means and office weapon by the state inspectors on protection of fauna and inspectors of the specialized organizations for protection of fauna, and also use of office weapon by huntsmen (dalee-Pravila) determine procedure for application of special means and office weapon by the state inspectors on protection of fauna, inspectors of the specialized organizations for protection of fauna (further - the inspector), and also use of office weapon by the huntsmen who are directly performing protection of fauna, having permissions to the right of carrying office weapon.

2. Special means and office weapon are applied by inspectors and huntsmen in case of direct implementation of protection of fauna and execution of obligations by them.

3. The inspector on protection of fauna is provided with the following special means:

1) handcuffs (BR, BR-S);

2) stick rubber (special);

3) vest for protection against mechanical impacts;

4) flashing lamp;

5) the device for forced stop of motor transport ("Ezh-M").

4. Special means shall be stored in specially equipped rooms, separately from office weapon, in metal boxes (cases) with thickness of walls at least 3 millimeters, with the reliable locking device.

5. The inspector and the huntsman are provided with office weapon according to the Rules of traffic in weapons and cartridges to it in the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of August 3, 2000 No. 1176.

6. In the period of long absence of the inspector or the huntsman at work (leave, disease) office weapon is given for storage in the place of issue of permission to the carrying right in law-enforcement bodies.

2. Procedure for application of special means and office weapon by inspectors and huntsmen

7. The inspector and the huntsman in the protected territories make the decision on application of special means, their type and intensity of application taking into account the developing situation, nature of offense and the identity of the offender, and also tactical technical characteristics of special means. The persons having the right of application of special means, acting individually make such decision independently.

8. Special means are applied by inspectors for:

1) detentions of violators if they show resistance to the inspectors who are carrying out the obligations assigned to them according to requirements of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" (further - the Law), and also for their delivery in law-enforcement bodies;

2) forced stop of vehicles when preventing to inspectors to execution of the obligations assigned by the Law by them.

9. Office weapon is applied by inspectors and huntsmen for:

1) reflections of armed attack of persons which actions directly threaten life and health of the inspectors or huntsmen in case of fulfillment of duties established by the Law;

2) stops of vehicles in the protected territories by their damage if the driver does not submit to requirements of the inspectors and huntsmen established by the Law is threatened by life and health of citizens;

3) protection against attack of wild animals and giving of alarm signals or challenge of the help.

10. In case of application of special means and office weapon the following conditions are complied:

1) the prevention (hail, precautionary shot up) about intention of use of office weapon, except the cases specified in the subitem 1) of Item 9 of these rules;

2) provision of sufficient time for fulfillment of requirements of the inspector or the huntsman, except those cases when the delay in use of office weapon creates direct danger of life and to health of the inspector, huntsman or can entail heavy consequences;

3) manifestation of restraint in situations when use of office weapon is inevitable from the inspector or the huntsman, action proceeding from the developing situation and that purpose which shall be reached, minimizing possibility of its application;

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