ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2018 No. 36

About approval of Rules of carrying out dactyloscopic and genomic registration

According to the subitem 2) of article 31 of the Law of the Republic of Kazakhstan "About dactyloscopic and genomic registration" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out dactyloscopic and genomic registration.

2. This resolution becomes effective since January 1, 2021 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of January 31, 2018 No. 36

Rules of carrying out dactyloscopic and genomic registration

Chapter 1. General provisions

1. These rules of carrying out dactyloscopic and genomic registration (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About dactyloscopic and genomic registration" and determine procedure for the organization and implementation of activities of the state bodies authorized on carrying out dactyloscopic and (or) genomic registration by collection, processing and protection of dactyloscopic and genomic information, selection, storage, use, destruction of biological material, establishment or confirmation of the identity of the person.

2. In these rules the following basic concepts are used:

1) amplification - process of formation of additional copies of sites of chromosomal deoxyribonucleic acid (further - DNA);

2) genetic profile - the coded information on certain fragments of DNA of the person or unknown corpse allowing to identify his personality;

3) identification according to genomic information - check on coincidence of genomic profile of the identified person, unknown corpse according to the database of genomic information of the automated information system "Biometric Identification of the Personality" (further - AIS "BEAT");

4) collection of genomic information - the actions directed to receipt of genomic information;

5) fingerprinting - receipt of prints of the skin patterns formed by papillary lines of nail phalanxes and (or) the palmar surfaces of hands (further - prints), on material carriers;

6) identification - identification by verification of biometric data on features of structure of papillary patterns of fingers and (or) palms of hands of physical person or unknown corpse according to the database of dactyloscopic information of AIS "BEAT" dactyloscopic information;

7) collection of dactyloscopic information - the actions directed to receipt of dactyloscopic information;

8) transfer of dactyloscopic or genomic information - the actions directed to transfer of dactyloscopic or genomic information to authorized state body;

9) accumulating of dactyloscopic or genomic information - action for systematization of dactyloscopic or genomic information by its entering into the BEAT AIS database;

10) storage of dactyloscopic or genomic information - action for ensuring the integrity established by the law of confidentiality and availability of dactyloscopic or genomic information;

11) cross-border transfer of dactyloscopic or genomic information - transfer of dactyloscopic or genomic information on the territory of foreign state, to authority of foreign state according to the international treaties ratified by the Republic of Kazakhstan, and the laws of the Republic of Kazakhstan;

12) the personal identifier - the unique identifier for communication of dactyloscopic information regarding biometric data on features of structure of papillary patterns of fingers and (or) palms of hands "HIT" into AIS with personal data of person within integration interactions of information systems;

13) the automated information system "Biometric Identification of the Personality" - the electronic information resource consisting of two subsystems, one of which with dactyloscopic information in the automated dactyloscopic information system, and the second with genomic information in the automated genomic information system;

14) the paper dactyloscopic card - the established form the form containing prints of all nail phalanxes of fingers of hands, control fingerprints of hands, prints of palms of both hands and personal data of fingerprinted person according to requirements of these rules;

15) the centralized automated database of criminal and executive (penitentiary) system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - TsABD penal correction system) - information system on accounting of movement of the persons containing in pre-trial detention centers, organizations of criminal and executive (penitentiary) system, and also staying on the registry in service of probation;

16) verification - confirmation of the personality by check on coincidence of papillary patterns of fingers and (or) palms of hands of physical person to its dactyloscopic information placed in the identity document, or the BEAT AIS database;

17) competent state bodies - the state bodies having the competence established by the law on use of dactyloscopic and (or) genomic information within the activities;

18) chip (the chip with contact or contactless interfaces) - the electronic medium of information on the owner of the identity document placed in this document;

19) polymerase chain reaction (further - PTsR) - the experimental method of molecular biology allowing to achieve significant increase in small concentration of certain fragments of DNA in biological material;

20) set for selection of biological material of living persons - set with the special, conforming to requirements of these rules sterile card carrier of single application for selection, storage and transportation of biological material;

21) application software for documentation of the population (further - PPO) - the software product intended for documentation and registration of the population of the Republic of Kazakhstan;

22) the electronic dactyloscopic card - the dactyloscopic card in electronic and digital form.

3. Within the powers participate in implementation of dactyloscopic registration:

law-enforcement bodies;

authorized state body in the field of foreign policy activities;

the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan (further - foreign institutions of the Republic of Kazakhstan);

authorized state body in the field of transport;

bodies of homeland security.

4. Within the powers participate in implementation of genomic registration:

bodies of inquiry, investigation;

bodies of judicial examination;

the physical persons performing judicial and expert activities based on the license (further - licensees);

organizations of criminal and executive (penitentiary) system;

services of probation;

operational and criminalistic division of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs).

Chapter 2. Carrying out dactyloscopic registration

5. Law-enforcement bodies perform collection of dactyloscopic information:

1) the citizens of the Republic of Kazakhstan who addressed for receipt of the identity certificate and (or) the passport of the citizen of the Republic of Kazakhstan for the first time, and also for their recovery or replacement, from their consent;

2) children aged from twelve up to sixteen years in case of the address for receipt of the passport of the citizen of the Republic of Kazakhstan according to the procedure, stipulated in Item 10 these rules;

3) the foreigners and stateless persons which reached sixteen-year age:

addressed for receipt of permission to temporary or permanent residence in the Republic of Kazakhstan;

in case of registration for the first time, and also in cases of recovery, replacement:

the residence permit of the foreigner in the Republic of Kazakhstan;

certificates of the stateless person;

certificates of the refugee;

travel document.

6. The authorized state body in the field of foreign policy activities performs collection of dactyloscopic information of citizens of the Republic of Kazakhstan, and also children aged from twelve up to sixteen years according to the procedure, stipulated in Item 10 these rules, in case of execution of the passport of the citizen of the Republic of Kazakhstan in foreign institutions of the Republic of Kazakhstan from their consent.

6-1. Authorized state body in the field of foreign policy activities, law-enforcement bodies according to their competence perform collection of dactyloscopic information of the foreigners and stateless persons who reached sixteen-year age in case of execution of visas of the Republic of Kazakhstan.

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