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The document ceased to be valid since  April 21, 2018 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 68

About approval of Rules of maintaining and use of accounting of the faces which made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons

For the purpose of implementation of subitems 1), 2), 6-1) Items 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" ORDER:

1. Approve the enclosed Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of July 10, 2014 No. 71 "About approval of Rules of maintaining and use of separate types of special accounting" (registered in the Register of state registration of regulatory legal acts for No. 9638, published on August 27, 2014 in information system of law of Ad_let).

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and within ten calendar days from the date of its state registration the direction in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.

4. To impose control of execution of this order on the Chairman of Committee.

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

Attorney-General of the Republic of Kazakhstan

Zh. Asanov

It is approved

Minister of Finance of the Republic of Kazakhstan

"" __________ 2017

 

_______________ B. Sultanov

It is approved

The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of the Republic of Kazakhstan

""__________ 2017

 

______________ K. Kozhamzharov

It is approved

Chairman of Committee of homeland security of the Republic of Kazakhstan

July 13, 2017

 

_______________ K. Masimov

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan

July 18, 2017

 

_____________ K. Kasymov

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of June 30, 2017 No. 68

Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons

Chapter 1. General provisions

1. These rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons (further - Rules) are developed for the purpose of ensuring single accounting of persons according to subitems 1), 2), 6-1) Item 3 and item 4 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" (further - the Law).

2. These rules determine maintaining and use of information accounting documents on the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense (further - pofamilny accounting) and dactyloscopic accounting of the detainees who are held in custody and condemned persons (further - dactyloscopic accounting), their input and removal in information systems, taking measures to ensuring completeness and reliability of data, implementation of directory servicing of legal entities.

3. In these rules the following basic concepts are used:

1) the automated dactyloscopic information system (further - ADIS) - information system in which maintaining, accumulating, processing and provision of the dactyloscopic information created on fingerprints of hands is performed;

2) special accounting - collection, registration, processing, accumulating, systematization, classification, storage of documentary information in the field of the state legal statistics for information support of state bodies, physical persons and legal entities;

3) the information accounting document (further IUD) - material (paper, magnetic, optical) the carrier of legal statistical information of the established sample based on which data of the state legal statistics and special accounting are created;

4) subjects of special accounting - the state bodies performing criminal prosecution, execution of criminal penalty, special facilities, judicial authorities, and also divisions of administrative police and migratory service of the Republic of Kazakhstan;

5) the automated information system "Special Accounting" (further - AIS SU) - information system in which maintaining, accumulating, processing and provision of data of the special accounting provided by the Law is performed;

6) the graphical copy - the graphical information representing data in the jpeg and jpg formats (formats for storage of facsimiles);

7) electronic alphabetic accounting cards - alphabetic accounting cards are provided by subjects of special accounting to Committee and its territorial authorities for input in AIS SU.

4. Special accounting is performed by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) and its territorial authorities by maintaining AIS SU and ADIS, pofamilny and dactyloscopic card-indexes.

Maintaining centralized pofamilny and dactyloscopic card-indexes (further - centralized accounting) is performed in Committee.

5. Subjects of special accounting provide completeness, reliability and timeliness of provision of IUD in territorial authorities of Committee.

The IUD forms of the established forms and the qualities of material provided by these rules are made by subjects of special accounting.

Chapter 2. Forms and procedure for registration of IUD

6. IUD forms:

1) alphabetic accounting card in form, according to appendix 1 to these rules;

2) the dactyloscopic card in form, according to appendix 2 to these rules (further - the dactyloscopic card-1);

3) the dactyloscopic card on person subjected to administrative detention in form, according to appendix 3 to these rules (further - the dactyloscopic card-2);

4) the dactyloscopic card on person which is not taking certain residence and (or) identity documents in form according to appendix 4 to these rules (further - the dactyloscopic card-3);

5) the notice on the convict (taken into custody) in form, according to appendix 5 to these rules (further - the notice).

7. Alphabetic accounting cards are made on solid paper (cardboard), dactyloscopic cards and notices on the convict (taken into custody) on writing paper.

8. Registration of IUD concerning the persons who made criminal offenses, detained, not taking the certain residence or documents proving their identity is performed by subjects of accounting according to appendix 6 to these rules.

It is inadequate the drawn-up IUD in which all provided details filled on forms of unspecified form and quality of material having erasures are not filled, corrections and other adjustments of data in which there are no provided signatures of persons are subject to return within five working days from the moment of detection of Committee by territorial authorities in appropriate subject of accounting.

Chapter 3. Procedure and terms of provision of IUD by criminal prosecution authorities

9. After detention of person on suspicion of making of criminal offense by criminal prosecution authority, including military and transport units, no later than five working days, one copy of the dactyloscopic card-1 with application of a copy of the identity document, or resolution on identification is constituted and goes to territorial authority of Committee.

In the absence of the identity document, the criminal prosecution authority takes measures for its reclamation.

10. In case of establishment of authentic biographical particulars the new dactyloscopic card which is subject to the direction in territorial authority of Committee no later than five working days with indication of former biographical particulars, and also the basis of their change is constituted.

11. In case of impossibility of receipt of accurate and clear prints of papillary lines in view of diseases of integument or other temporary disease of fingers of hands (changes), the criminal prosecution authority within five working days sends to territorial authority of Committee one copy of alphabetic accounting card on person detained on suspicion of making of criminal offense with appendix of the reference of the doctor in any form. Upon termination of treatment of such fingers one copy of the dactyloscopic card in the same terms goes to territorial authority of Committee. If fingers are not subject to treatment, the dactyloscopic map, is submitted on the back which the doctor draws the conclusion.

12. Dactyloscopic cards on persons detained on suspicion of making of criminal offense, case concerning relation are in production of the central structures of criminal prosecution authorities, and also their military and transport units, are represented to the relevant territorial administration of Committee on the place of making of criminal offense.

13. In case of the death of person containing in criminal prosecution authority for modification of accounting within five working days the copy of the act of death goes to territorial authority of Committee.

Chapter 4. Procedure and terms of provision of IUD by the pre-trial detention centers, guardrooms, judicial authorities and bodies performing criminal penalty

14. The pre-trial detention center, guardroom no later than five working days from the moment of settlement of person to which the measure of restraint in the form of detention (convict) is applied three copies of alphabetic accounting card and three copies of the dactyloscopic card-1 with application of a copy of the identity document in which individual identification number is specified (further - IIN), or resolutions on identification are constituted and go to territorial authority of Committee. On person to whom the measure of restraint in the form of detention (convict) is applied the being foreigner to documents proving the identity without fail puts transfer of documents (surname, name, middle name, the birthplace, floor and another).

In case of absence at person who is the foreigner, the stateless person, the identity document other document confirming his personality, according to identity documents the containing data listed in article 7 of the Law of the Republic of Kazakhstan "About identity documents" can be attached to alphabetic accounting card.

In the absence of the identity document, the pre-trial detention center, guardroom sends inquiry to the body performing criminal prosecution, in case of detection of contradictory data in the court verdict the request about refining of the relevant data is taken to court, the pronounced sentence.

15. In case of establishment of authentic biographical particulars (convict) who is held in custody new information accounting documents which are subject to the direction in territorial authority of Committee no later than five working days with indication of former biographical particulars, and also the basis of their change are constituted.

16. In case of stipulated in Item 11 these rules, the pre-trial detention center, guardroom within five working days sends to territorial authority of Committee three copies of alphabetic accounting card on person who is held in custody (condemned), with appendix of the reference of the doctor in any form. Upon termination of treatment of such fingers three copies of the dactyloscopic card in the same terms go to territorial authority of Committee. If fingers are not subject to treatment, dactyloscopic cards, are represented on the back which the doctor draws the conclusion.

17. The pre-trial detention center, guardroom within five working days sends the notice to territorial authority of Committee in case:

changes of measure of restraint on other from detention, its cancellation in connection with diversion, death, after the term of detention established by the law as measure of restraint, the stipulated in Article 151 Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK);

receipts of the certificate of the introduction of sentence (resolution) of court in legal force in which are reflected data on being of this sentence (resolution);

after receipt of the sentence pronounced by Trial Court and in addition after the introduction of sentence in legal force concerning person condemned to exceptional measure of punishment;

leaving of person after condemnation in the pre-trial detention center, guardroom or after departure of the serving sentence condemned to the place.

18. In case of removal of court resolution by court with the reference about allocation in separate production of the criminal case file on episodes, the pre-trial detention center, guardroom no later than five working days from the moment of receipt of court resolution three copies of alphabetic accounting card and three copies of the dactyloscopic card are constituted and go to territorial authority of Committee.

19. The pre-trial detention center, guardroom within five working days from the moment of the actual transfer (extradition) to other country of person who is held in custody according to the procedure of extradition arrest sends to territorial authority of Committee the copy of the resolution on extradition and the corresponding notice with data on date and the reason of disposal (extradition). In case of release of person who is held in custody according to the procedure of extradition arrest, as a result of cancellation of extradition arrest with the notice on release copies of supporting documents about the made decision go.

20. In case of temporary disposal being held in custody from the pre-trial detention center, guardroom, the notice is not constituted.

In the upper left corner of inside of cover of the personal record are subject to specifying of the information about the contractor, quantity and terms of the IUD direction, and also the addressee.

21. About person to whom the measure of restraint in the form of detention at the request of body of the investigation (inquiry) or court of other area, the city of republican value, the capital (state) is applied the pre-trial detention center, guardroom within five working days in territorial authority of Committee one copy of alphabetic accounting card and one copy of the dactyloscopic card with indication of additional data on date of departure and body in which order he is transported under guard is represented.

22. About person which arrived to correctional facility from other organization of criminal executive system located in the territory of the area, the city of republican value, the capital within five working days the notice for territorial authority of Committee of this area is constituted.

On the person condemned by court of other area, city of republican value, the capital, who arrived to serve sentence in correctional facility of this area, city of republican value, the capital, one copy of alphabetic accounting card, one copy of the notice are constituted and within five working days go to territorial authority of Committee of this area, city of republican value, the capital.

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