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ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2017 No. 366

About approval of Regulations and contents of suspects and persons accused on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan

According to the subitem 3) of Item 1 of article 9-1 of the Law of the Republic of Kazakhstan of February 21, 2005 "About bodies of military police" I ORDER:

1. Approve the enclosed Regulations and contents of suspects and persons accused on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan.

2. To provide to head department of military police of Armed Forces of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) the direction of the copy of this order 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 inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in paper and electronic types within ten calendar days from the date of state registration;

3) placement of this order on Internet resource of the Ministry of Defence of the Republic of Kazakhstan after day of its first official publication;

4) the direction of data in Legal department of the Ministry of Defence of the Republic of Kazakhstan on execution of the actions provided by subitems 1), 2) and 3) of this Item within ten calendar days from the date of state registration.

3. Recognize invalid the following orders of the Minister of Defence of the Republic of Kazakhstan:

1) of December 13, 2012 No. 972 "About approval of Regulations of guardrooms of military police of Armed Forces of the Republic of Kazakhstan for suspects and persons accused" (registered in the Register of state registration of regulatory legal acts for No. 8266, No. 69-70) published in the Kazakhstanskaya Pravda newspaper of February 23, 2013;

2) of June 13, 2013 No. 291 "About modification and amendments in the order of the Minister of Defence of the Republic of Kazakhstan of December 13, 2012 No. 972 "About approval of Regulations of guardrooms of military police of Armed Forces of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 8557, No. 268 published in the Kazakhstanskaya Pravda newspaper of September 7, 2013 (27542).

4. To impose control of execution of this order on the First Deputy Minister of Defence - the chief of the General Staff of Armed Forces of the Republic of Kazakhstan.

5. Bring this order to officials in the part concerning them.

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

Minister of Defence of the Republic of Kazakhstan colonel general

S. Zhasuzakov

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of July 20 of the 20th year No. 366

Regulations and contents of suspects and persons accused on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of internal rules and procedures and content of suspects and persons accused on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan (further - Rules) determine procedure for internal rules and procedures and content of suspects and persons accused (further - the military personnel installed on guardroom) on guardrooms of bodies of military police of Armed Forces of the Republic of Kazakhstan (further - guardrooms).

2. The internal rules and procedures on guardroom affirm the chief of body of military police in form, according to appendix 1 to these rules.

3. The military personnel installed on guardroom is provided with food according to provisioning regulations, sterns, the equipment, table and kitchen ware and the equipment of food service of the Armed Forces of the Republic of Kazakhstan on peace time approved by the order of the Minister of Defence of the Republic of Kazakhstan of June 18, 2015 No. 353 (it is registered in the Register of state registration of regulatory legal acts for No. 11844).

Their transfer on food is made according to food certificates.

The military personnel installed on guardroom, who do not have food certificates is enlisted on allowance based on the statement from the order of the chief of body of military police (the commander of military unit).

If in case of guardroom food is not cooked, then the procedure for its delivery to guardroom is established by the chief of body of military police.

The military personnel installed on guardroom eats food in cameras.

4. Relations between the military personnel installed on guardroom on other bases, and the military personnel of bodies of military police are determined by Obshchevoinsky charters of the Armed Forces, other troops and military forming of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan on July 5, 2007 No. 364 (further - Obshchevoinsky charters).

5. The military personnel of bodies of military police uses physical force, special means, including guard dogs, and weapon, according to Obshchevoinsky charters and articles 11 and 12 of the Law of the Republic of Kazakhstan "About bodies of military police", (further - the Law).

Chapter 2. Acceptance and accommodation of the military personnel installed on guardroom on cameras

6. Acceptance of the military personnel installed on guardroom is made round the clock by the chief of guardroom or the chief of guard (duty shift) of guardroom (further - the accepting person) who:

1) is checked by availability of the documents and correctness of their registration giving the grounds for acceptance of person brought to guardroom, stipulated in Item 7 these rules;

2) conducts survey of the military personnel installed on guardroom and verifies answers with the data specified in the document proving his identity;

3) in the presence of the health worker (paramedic) of bodies of military police, medical examination (same-gender person) is performed.

Information about the serviceman installed on guardroom and also about the documents withdrawn and accepted on storage, things, objects, products, substances, values and amount of money is introduced by the accepting person in register of persons containing on guardroom (further - the Register) in form, according to appendix 2 to these rules, in the presence of the serviceman installed on guardroom.

7. The accompanying documents of the military personnel installed on guardroom are:

1) identity document;

2) protocol of detention;

3) the judge's ruling on authorization of measure of restraint in the form of detention;

4) the court order about election of measure of restraint in the form of detention issued during legal proceedings;

5) copy of sentence;

6) the order about its execution.

8. When on guardroom the statement from the judge's ruling or court on election of measure of restraint in the form of arrest is submitted, in it complete biographical particulars of person to whom this measure of restraint is applied are specified. The statement is certified by the signature of the official, sealed by official and is subject to replacement no later than three calendar days with the copy of the resolution.

9. Identity documents of the military personnel installed on guardroom are stored in the personal record, on demand are issued to the representative of the body conducting criminal procedure, on receipt with the subsequent return.

10. The military personnel installed on guardroom who according to the conclusion of the health worker (paramedic) needs urgent hospitalization on guardroom is not accepted and without delay goes for treatment in medical institution.

11. After passing of medical examination and receipt of its results, the military personnel installed on guardroom receives bedding.

12. Information on the rights and obligations, detention regime, disciplinary requirements, procedure for filing of applications and claims is provided to the military personnel installed on guardroom by employees of guardroom (as in writing, and in oral type).

13. The military personnel installed on guardroom observes Requirements to behavior of the suspects and persons accused installed on guardroom according to appendix 3 to these rules.

14. In case of each guardroom at the stand information on basic rights and obligations, behavior of the military personnel installed on guardroom is placed.

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