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I.O'S ORDER. MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of August 23, 2017 No. 473

About approval of Rules of the organization of search of the military personnel disappearing from bodies of inquiry, investigation and court, and also self-willedally left location of military units of Armed Forces of the Republic of Kazakhstan

According to the subitem 10) of Item 1 of article 9-1 of the Law of the Republic of Kazakhstan "About bodies of military police" I ORDER:

1. Approve the enclosed Rules of the organization of search of the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units 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 official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in paper and electronic type in the Kazakh and Russian languages 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 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. 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.

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

5. This order becomes effective after ten calendar days from the date of its first official publication.

Acting as Minister of Defence of the Republic of Kazakhstan lieutenant general

M. Maykeev

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan police colonel general

"___" _____________ 2017

 

_______________ K. Kasymov

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of August 23, 2017 No. 473

Rules of the organization of search of the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units of Armed Forces of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of the organization of search of the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units of Armed Forces of the Republic of Kazakhstan (further - Rules) determine procedure for the organization of search of the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units of Armed Forces of the Republic of Kazakhstan (further - military units of AF of RK).

2. Bodies of military police of Armed Forces of the Republic of Kazakhstan (further - bodies of military police) with assistance of command of military AF of RK of parts take measures for search and detention in case of receipt of information on the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units of AF of RK.

3. The bases for conducting search are:

1) resolution of the investigator, investigator, prosecutor, court on the announcement of search of the person accused, defendant, convict;

2) search tasks, orientations of law enforcement agencies of the State Parties of the Commonwealth of Independent States (further - the CIS) according to agreements (agreements) on legal assistance ratified by the Republic of Kazakhstan;

3) the message of command of military unit of AF of RK on the military personnel who self-willedally left location of military unit of AF of RK;

4) the official report of the official of the body of military police which elicited the fact of unauthorized leaving of location of military unit of AF of RK by the military personnel;

5) the message in mass media on the military personnel who self-willedally left location of military unit of AF of RK.

4. In search work possibilities of all divisions of bodies of military police are used, with direct assistance of command of military units of AF of RK, divisions of local authorities of military management (further - MOVA).

5. Search work of bodies of military police is subdivided on:

1) operational search - complex of the search events held by bodies of military police, command of military units of AF of RK, MOVA on establishment of the location of the military personnel who self-willedally left location of military units of AF of RK and is not put on the wanted list;

2) republican search - complex investigative, search and the investigation and search operations held by body of military police - the initiator of search for the purpose of establishment and detention of the disappearing military personnel within the Republic of Kazakhstan;

3) interstate search (further - the MHR) - the search operations of bodies of military police with use of operational, help and criminal accounting of all system of law enforcement agencies directed to search of the disappearing military personnel, for the purpose of their subsequent arrest, and issue searched accused being outside the Republic of Kazakhstan, but within the territories of the states of members of the CIS;

4) the international search (further - MNR) - performed through National Central Bureau of the Interpol of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - National Central Bureau of the Interpol) complex of the operational search and directory actions directed to detection of the searched military personnel who is carried out according to rules of international law, and also according to national regulatory legal acts in the territory of members of International Criminal Police Organization - the Interpol.

Chapter 2. Procedure for the organization of search of the military personnel who self-willedally left location of military units of Armed Forces of the Republic of Kazakhstan

Paragraph 1. Organization of operational search

6. Operational search provides decision making about holding urgent search and search actions in case of direct interaction of bodies of military police with command of military units of AF of RK in the place of passing of military service of the military personnel and MOVA, in the place of appeal and residence of the military personnel.

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