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

of June 8, 2017 No. 28

About approval of Rules of serving by the military personnel of administrative detention on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan

According to Item 6 of article 46-7 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" and the subitem 1) of Item 2 of article 9 of the Law of the Republic of Kazakhstan "About bodies of military police" I ORDER:

1. Approve the enclosed Rules of serving of administrative detention by the military personnel on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan.

2. To provide to department of military police of Committee of homeland security 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 and its official publication;

2) within ten calendar days from the date of state registration the direction 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 placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.

3. To impose control of execution of this order on the First Deputy Chairman of the Committee of homeland security of the Republic of Kazakhstan supervising activities of Department of military police of Committee of homeland security of the Republic of Kazakhstan.

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

Approved by the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of June 8, 2017 No. 28

Rules of serving by the military personnel of administrative detention on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of serving of administrative detention by the military personnel on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan (further – Rules) are developed according to Item 6 of article 46-7 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" (further – the Law) and the subitem 1) of Item 2 of article 9 of the Law of the Republic of Kazakhstan "About bodies of military police" and determine procedure for serving by the military personnel of administrative detention on guardroom of bodies of military police of Committee of homeland security of the Republic of Kazakhstan (further – OVP).

2. On guardroom of OVP the military personnel of Armed Forces, other troops and military forming of the Republic of Kazakhstan on whom for making of administrative offenses administrative punishment in the form of administrative detention is by a court decision imposed contain.

3. The daily routine on guardroom is established by the chief of OVP and hung out in each camera in the state and Russian languages.

4. Providing the mode and maintenance of internal rules and procedures on guardroom are assigned to the chief of OVP and administration of guardroom.

5. Application by employees of guardroom of physical force and special means is performed according to article 11 of the Law of the Republic of Kazakhstan "About bodies of military police".

Chapter 2. Acceptance and placement on guardroom of the military personnel subjected to administrative detention

6. Acceptance on guardroom and accommodation of the military personnel subjected to administrative detention is made by the chief of guardroom (person, it replacing) or the shift supervisor of guardroom round the clock.

The specified officials check availability of the documents giving the grounds for acceptance on guardroom of person subjected to arrest.

7. The military personnel subjected to administrative detention is accepted on guardroom based on the court order about imposing of administrative detention with the signature of the judge and seal of judicial authority.

The officials who brought the arrested serviceman to guardroom also provide to the chief of guardroom (to person, it replacing) or to the shift supervisor of guardroom the following documents:

1) identity certificate of the citizen of the Republic of Kazakhstan or military ID;

2) medical book;

3) copies of the office characteristic;

4) food certificate.

The military personnel subjected to administrative detention, who do not have food certificates is enlisted on allowance according to the statement from the order of the commander of military unit on which balance there is guardroom.

8. In case of acceptance of the serviceman availability of necessary documents, stipulated in Item 7 these rules, and correctness of their registration is checked for guardroom, and also personal inspection is made.

Personal inspection is made only by same-gender person with examined.

Information about the serviceman installed on guardroom and also about the documents withdrawn and accepted on storage, things, objects, products, substances, values, amount of money in the presence of the serviceman is introduced in the Book of accounting of the military personnel subjected to administrative detention (further - the Book of accounting), in form according to appendix 1 to these rules.

9. Personal papers, things, objects, products, substances, values, money are checked to the room of storage of things of the military personnel containing on guardroom. Money and values are stored in the metal safe.

10. In case of acceptance on guardroom of the serviceman subjected to administrative detention, the health worker (paramedic) performs its inspection regarding detection of injuries about what in the Book of accounting the corresponding record is made. The revealed bodily harms are told the official who brought the serviceman for trial.

11. In case of detection of bodily harms at the serviceman subjected to administrative detention medical care is provided to it. With involvement of the health worker in daily time medical examination which results are fixed in the Book of accounting is made.

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