ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2018 No. 29

About the approval of Rules of maintaining, use and storage of special accounting of the faces which made criminal offenses, brought and involved to trial and dactyloscopic accounting of the detainees who are held in custody and condemned persons

For the purpose of realization of item 4 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:

1. Approve the enclosed Rules of maintaining, uses and storage of special accounting of the persons who made criminal offenses, brought and involved to trial and dactyloscopic accounting of the detainees who are held in custody and condemned persons.

2. Recognize to invalid:

1) the order of the Attorney-General of the Republic of Kazakhstan of June 30, 2017 No. 68 "About approval of Rules of maintaining and use of special accounting of the faces which made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons" (it is registered in the Register of state registration of regulatory legal acts for No. 15516, it is published on September 8, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in electronic form);

2) the order of the Attorney-General of the Republic of Kazakhstan of February 8, 2017 No. 10 "About approval of Rules of accounting of persons brought to trial for making of criminal offenses against sexual integrity of minors" (it is registered in the Register of state registration of regulatory legal acts for No. 14898, it is published on April 4, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in electronic form).

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages 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;

3) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

4) the direction of the copy of this order to the interested subjects of legal statistics and special accounting, and also in territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

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

It is approved Minister of Justice of the Republic of Kazakhstan "___" ____________ 2018

________________ M. Beketayev

It is approved Deputy. The head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) "___" ____________ 2018

____________ K. Elibayev

It is approved Minister of Finance of the Republic of Kazakhstan "___" ____________ 2018

____________ B. Sultanov

It is approved The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption "___ " ____________ 2018

_______________ A. Shpekbayev

It is approved Chairman of Committee of homeland security of the Republic of Kazakhstan "___" ____________ 2018

______________ K. Masimov

It is approved Minister of Internal Affairs of the Republic of Kazakhstan "___ " ___________ 2018

__________ K. Kasymov

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29

Rules of maintaining, use and storage of special accounting of the persons who made criminal offenses, brought and involved to trial and dactyloscopic accounting of the detainees who are held in custody and condemned persons

Chapter 1. General provisions

1. These rules of maintaining, use and storage of the special accounting of the persons who made criminal offenses, brought and involved to trial and dactyloscopic accounting of the detainees who are held in custody and condemned persons (further – Rules) determine procedure for maintaining, use and storage of the data of special accounting of the persons who made criminal offenses, brought and attracted to trial (further – pofamilny accounting) and dactyloscopic accounting of the detainees who are held in custody and condemned persons (further – dactyloscopic accounting).

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

1) the automated dactyloscopic information system (further – ADIS) – information system of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) in which maintaining, accumulating, processing and provision of the dactyloscopic information created on fingerprints of hands is performed;

2) the information accounting document (further - IUD) - material (paper, magnetic, optical, electronic) the carrier of legal statistical information of the established sample based on which data of the state legal statistics and special accounting are created;

3) special accounting - collection, registration, processing, accumulating, systematization, classification, storage of documentary information in the field of the state legal statistics for information support of state bodies, physical persons and legal entities;

4) the automated information system "Special Accounting" (further – AIS SU) – information system of Committee in which maintaining, accumulating, processing and provision of data of special accounting is performed;

5) subjects of special accounting - the state bodies performing criminal prosecution, execution of criminal penalty, special facilities, judicial authorities, and also divisions of administrative and migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan;

6) the graphical copy - the graphical information representing data in the formats jpeg, jpg, tiff, png (formats for storage of facsimiles);

7) territorial authority of Committee - management on legal statistics and special accounting in areas, the cities of republican value and the capital and the specialized divisions equated to them (military, transport);

8) representatives of territorial authority of Committee are the staff of territorial authority of Committee responsible for forming of the state legal mute and conducting special accounting in the territory of areas in the city and areas;

9) information exchange system of law enforcement, special state and other agencies (further - SIO PSO) - the confidential information system intended for provision to employees and (or) employees of authorized body on financial monitoring, law enforcement, special state and other agencies of electronic information resources from information systems of the state, other bodies and the organizations, allowing to receive electronic information resources only on their requests within implementation of the activities by them according to the Law "About the State Legal Statistics and Special Accounting";

10) the centralized automated database (further - TsABD) - the automated database in which data are entered by bodies of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further – penal correction system of the Ministry of Internal Affairs of RK);

11) the unified register of pre-judicial investigations (further - ERDR) - the automated database in which data on the reasons for the beginning of pre-judicial investigation listed in part one of Article 180 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK), the proceeding decisions made on them, the made actions, movement of criminal proceedings, applicants and participants of criminal procedure are entered and also is performed conducting criminal trial in electronic format at stage of pre-judicial investigation;

12) the digital signature (dalee-ETsP) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

13) the url-reference – address method to the Internet – to information resource.

3. Pofamilny and dactyloscopic accounting is conducted by Committee and its territorial authorities by maintaining AIS SU and ADIS in electronic format, pofamilny and dactyloscopic card-indexes - on papers.

Maintaining AIS SU and ADIS is performed by Committee and its territorial authorities in single electronic information systems across all Republic of Kazakhstan.

Maintaining centralized dactyloscopic card-index (further – centralized accounting) is performed in Committee.

4. Subjects of pofamilny and dactyloscopic accounting (further – subjects of special accounting) provide completeness, reliability and timeliness of provision of IUD in territorial authorities of Committee.

The IUD forms of the established forms and the qualities of material provided by these rules are made by subjects of special accounting.

Chapter 2. Procedure for conducting pofamilny and dactyloscopic accounting and storage of their accounting documents

5. Conducting pofamilny and dactyloscopic accounting is performed based on IUD.

Paragraph 1. Forms and procedure for registration of IUD

6. The IUD forms on papers:

1) "Alphabetic accounting card" in form according to appendix 1 to these rules;

2) "The dactyloscopic card" in form according to appendix 2 to these rules (further – the dactyloscopic card-1);

3) "The dactyloscopic card on person subjected to administrative detention" in form according to appendix 3 to these rules (further – the dactyloscopic card-2);

4) "The dactyloscopic card on person which is not taking certain residence and (or) identity documents" in form according to appendix 4 to these rules (further - the dactyloscopic card-3);

5) "The notice on the convict (taken into custody)" (further - the notice) in form according to appendix 5 to these rules.

Alphabetic accounting cards are made on solid paper (cardboard), dactyloscopic cards and notices on the convict (taken into custody) on writing paper.

7. The IUD forms on electronic media:

1) electronic alphabetic accounting card - alphabetic accounting card automatically ERDR created in AIS SU based on the information provided by subjects of special accounting in territorial authorities of Committee;

2) the electronic notice on the convict (taken into custody) (further – the electronic notice) – is created by bodies of penal correction system of the Ministry of Internal Affairs of RK in form, according to the notice and goes to AIS SU for automatic filling of details of electronic alphabetic accounting card in AIS SU;

8. Concerning the persons who made criminal offenses, brought and attracted to trial, detained, not taking the certain residence or documents proving their identity are drawn up by subjects of special accounting of IUD (on papers) according to appendix 6 to these rules.

Inadequate the drawn-up IUD in which all provided details filled on forms of unspecified form and quality of material having erasures are not filled corrections, other adjustments of data in which there are no provided signatures of persons are subject to return to appropriate subject of special accounting within five working days from the date of detection of Committee by territorial authorities.

Subjects of special accounting within five working days from the date of receipt of IUD on completion, make adjustment or refining of data and IUD repeatedly go to the relevant territorial authority of Committee with the explanation of the reasons of the allowed violations.

Paragraph 2. Procedure and terms of provision of IUD by criminal prosecution authorities

9. After detention of person on suspicion of making of criminal offense by criminal prosecution authority no later than five working days, one copy of the dactyloscopic card-1 with application of a copy of the identity document, according to article 300 Code of Criminal Procedure RK (further - the identity document), or resolutions on identification is constituted and goes to territorial authority of Committee.

In the absence of the identity document, the criminal prosecution authority takes measures for its reclamation.

10. In case of establishment of authentic biographical particulars the new dactyloscopic card which is subject to the direction in territorial authority of Committee no later than five working days with indication of former biographical particulars, and also the basis of their change is constituted.

11. In case of impossibility of receipt of accurate and clear prints of papillary lines in view of diseases of integument or other temporary disease of fingers of hands (changes), the criminal prosecution authority within five working days sends to territorial authority of Committee one copy of the dactyloscopic map on person detained on suspicion of making of criminal offense with appendix of the reference of the doctor in any form. Upon termination of treatment of such fingers one copy of the dactyloscopic card in the same terms goes to territorial authority of Committee. If fingers are not subject to treatment, the dactyloscopic map, is submitted on the back which the doctor draws the conclusion.

12. Dactyloscopic cards on persons detained on suspicion of making of criminal offense, case concerning relation are in production of the central structures of criminal prosecution authorities, and also their military and transport units, in time no later than five working days are submitted within the relevant territorial authority of Committee on the place of making of criminal offense.

13. In case of the death of person containing in criminal prosecution authority for modification of special accounting within five working days one of copies of forms of assembly records or certificates of state registration of death goes to territorial authority of Committee:

assembly record about state registration of death electronically according to appendix 4, death certificates electronically according to appendix 8, certificates of death electronically according to appendix 19, assembly record about state registration of death on paper according to appendix 24, certificates of death on paper according to appendix 39 to the order of the Minister of Justice of the Republic of Kazakhstan of January 12, 2015 No. 9 "About approval of forms of assembly records, certificates and certificates of state registration of acts of civil status electronically and on paper" (it is registered in the Register of state registration of regulatory legal acts for No. 10173) (further - the act of death).

Paragraph 3. Procedure and terms of provision of IUD by the pre-trial detention centers, guardrooms and bodies performing criminal penalty

14. The pre-trial detention center, guardroom no later than five working days from the date of settlement of person to which the measure of restraint in the form of detention (convict) is applied two copies of alphabetic accounting card and two copies of the dactyloscopic card-1 with application of a copy of the identity document in which individual identification number is specified (further – IIN), or resolutions on identification are constituted and go to territorial authority of Committee.

On person to whom the measure of restraint in the form of detention (convict) is applied the being foreigner to documents proving the identity puts transfer of documents (surname, name, middle name (in case of its availability), the birthplace, floor and another).

In case of absence at person who is the foreigner, the stateless person, the identity document other document confirming his personality, in compliance, with identity documents the containing data listed in article 7 of the Law of the Republic of Kazakhstan "About identity documents" is attached to alphabetic accounting card.

In the absence of the identity document, the pre-trial detention center, guardroom, no later than five working days, sends inquiry to the body performing criminal prosecution in case of detection of contradictory data in the court verdict request for refining of the relevant data, in the same terms, is taken to court, the pronounced sentence.

15. In case of establishment of authentic biographical particulars of person who is held in custody (convict) new IUD which are subject to the direction in territorial authority of Committee no later than five working days with indication of former biographical particulars, and also the basis of their change are constituted.

16. In case of stipulated in Item 11 these rules, the pre-trial detention center, guardroom within five working days sends to territorial authority of Committee two copies of alphabetic accounting card on person who is held in custody (condemned), with appendix of the reference of the doctor in any form. Upon termination of treatment of such fingers two copies of the dactyloscopic card in the same terms go to territorial authority of Committee. If fingers are not subject to treatment, dactyloscopic cards, are represented on the back which the doctor draws the conclusion.

17. Bodies of penal correction system of the Ministry of Internal Affairs within five working days create electronic notices, and send to AIS SU, for automatic filling of details of alphabetic accounting card in AIS SU, in case:

cancellations or changes of measure of restraint in the form of detention according to Articles 151, 153 Codes of Criminal Procedure of RK;

receipts of the order about execution of sentence together with the copy of sentence;

receipts of the sentence pronounced by Trial Court;

leaving of person after condemnation in the pre-trial detention center, guardroom or after departure of the serving sentence condemned to the place.

In case of lack of integration of information systems of bodies with AIS SU the pre-trial detention center, guardroom within five working days sends the notice to territorial authority of Committee.

The pre-trial detention center, guardroom along with drawing of the notice / the electronic notice supporting documents (the document which is confirming the personality, took legal effect sentence, the resolution or the order on the introduction of sentence in legal force with the copy of sentence) go to territorial authority of Committee on papers.

18. In case of removal of court resolution by court with the reference about allocation in separate production of the criminal case file on episodes, the pre-trial detention center, guardroom no later than five working days from the date of receipt of court resolution two copies of alphabetic accounting card and two copies of the dactyloscopic card are constituted and go to territorial authority of Committee.

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