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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 4, 2017 No. 78

About approval of Rules of maintaining and use of special accounting of the faces which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter

(as amended on 15-02-2021)

For the purpose of implementation of subitems 3), 4), 5), 15), 16-2), 16-3) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:

1. Approve the enclosed Rules of maintaining and use of special accounting of persons which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter.

2. 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;

2) within ten calendar days from the date of state registration of this order the direction it 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 and official publication in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4) the direction of this order to the interested subjects of legal statistics and special accounting, and also to territorial authorities of Committee for execution.

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

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

"" __________ 2017

 

 

______________ K. Kozhamzharov

It is approved

Chairman of Committee of homeland security of the Republic of Kazakhstan

"" __________ 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 August 4, 2017 No. 78

Rules of maintaining and use of special accounting of persons which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter

Chapter 1. General provisions

1. These rules of maintaining and use of special accounting of persons which disappeared from inquiry, the investigation, court and also the faces evading from serving sentence or implementation of probation of control of the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter, (further - Rules) determine procedure and terms of provision of information accounting documents, their input and removal in information system, taking measures to ensuring completeness and reliability of data of special accounting:

persons which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control;

missing persons;

persons which lost communication with relatives;

persons not capable to report about itself adjusting data;

corpses which personality is not identified;

the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter (further - the searched debtors/defendants).

2. In these rules the following determinations are used:

1) 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;

2) the information accounting document - the carrier of legal statistical information based on which data of the state legal statistics and special accounting are created;

3) the automated information system "Special Accounting" - system in which maintaining, accumulating, processing and provision of data of the special accounting provided by the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" is performed;

4) subjects of special accounting - the state bodies performing the investigation and inquiry, operational search activities, execution of the punishment, and also bodies of migratory service and judicial authorities of the Republic of Kazakhstan;

5) the initiator of search - the state body which made the decision on the announcement of person in search.

3. Conducting the accounting listed in Item 1 of these rules is performed by maintaining search card-indexes and the automated information system "Special Accounting" (further - AIS SU) Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

Managements of Committee of areas, cities of republican value and capital, Military management and regional Transportation Directorate of Committee (further - territorial authorities of Committee) perform conducting local search accounting and input of data in AIS SU.

Conducting centralized search accounting, is performed in Committee.

4. Subjects of special accounting provide completeness, reliability and timeliness of provision of the information accounting document (further - IUD), 26 and 33 these rules provided by Items 18,, in territorial administrations of Committee.

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

5. Filling of all IUD forms is performed based on materials of criminal and search case or cases on identification in Russian with use of the computer equipment. Hand-written filling of documents with blue or black ink is allowed, it is legible, without blots, erasures, corrections and reducings. At the same time the surname, name, middle name (in case of its availability) are subject to writing by printing letters. If in identity documents, biographical particulars are filled in language other from Russian, it is necessary to transliterate letter marks in the Russian alphabet.

When filling biographical particulars from identity documents which contain specific letters of the Kazakh alphabet in IUD writing of biographical particulars in the Russian transcription in the following procedure is specified: And - And; G - G; To - To; About - About; At - At; N are N; І - And; h - X.

On all categories of the searched persons the body in which production there is the corresponding case draws up search cards and identification cards on solid paper (cardboard) with a density at least 140 g/m2. On persons not capable to report about itself adjusting data and unknown corpses, dactyloscopic cards are in addition drawn up.

IUD in which all provided details filled on forms of unspecified form and quality of material having erasures are not filled corrections, other adjustments of data and discrepancy of the specified data with the data which are available on accounting in which there are no provided signatures of officials and seals and also having incomplete impress of a seal for registration are not accepted.

It is inadequate the drawn-up IUD in day of receipt are subject to return with the cover letter. Repeatedly IUD are represented within two twenty four hours from the moment of their return.

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