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ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2017 No. 368

About approval of Rules of serving by the military personnel of administrative detention on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan

(as amended of the Order of the Minister of Defence of the Republic of Kazakhstan of 25.08.2018 No. 568)

According to Item 6 of article 46-7 of the Law of the Republic of Kazakhstan of March 30, 1999 "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" I ORDER:

1. Approve the enclosed Rules of serving of administrative detention by the military personnel 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 official publication 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 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. Declare invalid the order of the Minister of Defence of the Republic of Kazakhstan of February 19, 2014 No. 68 "About approval of Rules of serving of administrative detention by the military personnel on guardroom" (registered in the Register of state registration of regulatory legal acts for No. 9270, published in information system of law of Ad_let on April 3, 2014).

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, 2017 No. 368

Rules of serving by the military personnel of administrative detention on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of serving by the military personnel of administrative detention on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan (further - Rules), determine procedure for serving by the military personnel of administrative detention (further - arrested) on guardroom of bodies of military police of Armed Forces of the Republic of Kazakhstan.

2. For the purpose of providing detention regime of arrested with the chief of body of military police the internal rules and procedures on guardroom in form, according to appendix 1 to these rules affirm.

The internal rules and procedures on guardroom are hung out in each camera in the state and Russian languages.

3. During the day, except for time of performance of works and walks, arrested are in the cameras closed on the lock.

4. Arrested are provided with food according to provisioning Regulations, is made by sterns, the equipment, table and kitchen ware and the equipment of food service of the Armed Forces of the Republic of Kazakhstan approved by the order of the Minister of Defence of the Republic of Kazakhstan of June 18, 2015 No. 353 (registered in the Register of state registration of regulatory legal acts for No. 11844) their transfer on food according to food certificates.

Arrested eat food in cameras or in the dining room in case of guardroom. The arrested containing in solitary confinements perform meal in cameras.

5. Relations between arrested and the military personnel of bodies of military police are determined by all-army regulations of the Armed Forces, other troops and military forming of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of July 5, 2007 No. 364 (further - all-army regulations).

6. The military personnel of bodies of military police uses physical force, special means, including guard dogs, and weapon, according to all-army regulations and articles 11 and 12 of the Law of the Republic of Kazakhstan "About bodies of military police".

Chapter 2. Procedure for acceptance of arrested on guardroom and placement them on cameras

7. Acceptance of arrested on guardroom is made round the clock by the chief of guardroom, and in its absence the chief of guard (duty shift) who:

1) is checked by availability of documents of the these rules specified in Item 8;

2) conducts survey of arrested 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.

8. Person which brought the arrested to guardroom provides to the chief of guardroom, and in its absence to the chief of guard (duty shift) the following documents:

1) the judge's ruling on administrative detention, signed by it personally and court under seal;

2) the copy or the statement from the order of the commander of military unit on removal from all types of allowance of the arrested for serving sentence;

3) identity document of the arrested;

4) the inventory of personal belongings (in duplicate) signed by the official of the headquarters of part and the arrested.

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