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ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2017 No. 74

About approval of the Instruction on the organization of inquiry for the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining the Border service of Committee of homeland security

(as amended on 11-02-2021)

According to subitem 60-1) of Item 16 of the Regulations on Committee of homeland security of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of April 1, 1996 No. 2922, I ORDER:

1. Approve the enclosed Instruction on the organization of inquiry on the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining the Border service of Committee of homeland security.

2. To provide to the border service of Committee of homeland security 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 in paper and electronic type within ten calendar days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan in one copy in the Kazakh and Russian languages, for placement and official publication in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of Committee of homeland security of the Republic. Kazakhstan.

3. To impose control of execution of this order on the vice-chairman of Committee of homeland security of the Republic of Kazakhstan - Directors of the Border service.

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

Chairman of Committee of homeland security of the Republic of Kazakhstan

K. Masimov

It is approved

Attorney-General of the Republic of Kazakhstan

September 8, 2017

 

____________ Zh. Asanov

Approved by the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of September 27, 2017 No. 74

The instruction on the organization of inquiry on the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining the Border service of Committee of homeland security

Chapter 1. General provisions

1. This Instruction on the organization of inquiry on the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining the Border service of Committee of homeland security is developed according to subitem 60-1) of Item 16 of the Regulations on Committee of homeland security of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of April 1, 1996 No. 2922, and disaggregates the organization of activities for production of inquiry in the Border service of Committee of homeland security of the Republic of Kazakhstan (further – the Border service).

2. Inquiry on the criminal offenses provided by parts 6, of the 10th Article 191 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further – the Code of Criminal Procedure), carried to competence of the Border service, is performed by the military personnel of divisions of inquiry, and the divisions equipped with functions on production of inquiry in strict accordance with the powers determined by the Code of Criminal Procedure.

3. In the Border service treat divisions of inquiry:

1) management of inquiry and administrative production of the Border service (further – UDAP);

2) departments of inquiry and administrative production of territorial subdivisions of the Border service and their structural divisions (further – ODAP).

4. Treat the divisions equipped with functions on inquiry production:

1) management (departments) of protection of border, preparation, application of reserves and service of troops;

2) management (departments) of counterintelligence and intelligence activities;

3) managements (departments, departments, groups) border control;

4) groups, departments of inquiry and administrative production;

5) boundary departments (departments), departments (departments) of border control, boundary ships (motor boats), departments (groups) of mobile actions of special purpose and engineering supervision.

5. In the absence of the military personnel of divisions of inquiry, remoteness of the area of making of criminal offense officers, contract servicemen of sergeant and ordinary structure of the divisions equipped with functions on inquiry production perform pre-judicial investigation on the criminal offenses carried to competence of the Border service and also carry out the urgent investigative actions provided by part 1 of article 196 Code of Criminal Procedure.

Chapter 2. The organization of inquiry in the Border service

6. Have powers of the chief of body of inquiry in the Border service the vice-chairman of Committee of homeland security of the Republic of Kazakhstan – the Director of the Border service and his deputies, chiefs of territorial subdivisions of the Border service and their deputies, chiefs of UDAP and ODAP, and their deputies.

7. The organizational and methodical management and coordination of activities of divisions of inquiry, and also the divisions equipped with functions on production of inquiry of territorial subdivisions of the Border service is performed by UDAP.

8. UDAP on the basis of the analysis of criminal procedure activities of ODAP and divisions equipped with functions on inquiry production:

1) develops the measures directed to improvement of quality of inquiry;

2) will organize checks of condition of criminal procedure activities of ODAP, plans actions for elimination of the revealed shortcomings, controls their execution;

3) prepares information letters, reviews on the results of criminal procedure activities of divisions of inquiry and divisions equipped with functions on production of inquiry, the recommendation about inquiry enhancement, tactics and technique of investigation of separate structures of criminal offenses generalizes and extends the best practices, provides their implementation in practice;

4) makes offers in projects of regulatory legal acts;

Will organize 5) and carries out charges of the military personnel of divisions of inquiry and the divisions equipped with functions on inquiry production;

6) considers addresses of citizens concerning the activities of divisions of inquiry and divisions equipped with functions on inquiry production;

7) will organize professional development course of the military personnel of divisions of inquiry and the divisions equipped with functions on inquiry production;

8) on the facts of violation of legality and discipline of the subordinate ODAP and divisions equipped with functions on production of inquiry makes office investigations;

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