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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2018 No. 29

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

(as amended on 25-03-2022)

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 and use of special accounting of the persons who 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.

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.

Attorney-General of the Republic of Kazakhstan

K. Kozhamzharov

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 and use of special accounting of the persons who 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

Chapter 1. General provisions

1. These rules of maintaining and use of special accounting of the persons who 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 (further – Rules) are developed for the purpose of ensuring maintaining and use of single accounting of persons according to subitem 12-2) of Article 6, with subitems 1), 2), 6-1), 16-1) of Item 3 and 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" (further – the Law).

2. These rules determine maintaining and use of information accounting documents on the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense (further - pofamilny accounting) and dactyloscopic accounting of the detainees who are held in custody and condemned persons (further - dactyloscopic accounting), their input and removal in information systems, taking measures to ensuring completeness and reliability of data, implementation of directory servicing of legal entities.

3. 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) 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) information exchange system of law enforcement, special state and other agencies (further - SIO PSO) - the confidential information system intended for provision to the staff 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;

8) 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);

9) 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 are entered (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;

10) the digital signature of National certification center (further - the EDS of NUTs) - 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;

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

4. Special 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.

5. 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. 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. Registration of IUD (on papers) concerning the persons who made criminal offenses, detained, not taking the certain residence or documents proving their identity is performed by subjects of special accounting 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.

Chapter 3. 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, including military and transport units, 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, are represented to 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 the copy of the assembly book constituted based on state registration of assembly record about death in form according to appendix 7 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 books of state registration of civil status and forms of the certificates granted based on entries in these books" goes to territorial authority of Committee (it is registered in the Register of state registration of regulatory legal acts for No. 10173) (further - the act of death).

Chapter 4. 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 sends inquiry to the body performing criminal prosecution, in case of detection of contradictory data in the court verdict the request about refining of the relevant data is taken to court, the pronounced sentence.

15. In case of establishment of authentic biographical particulars (convict) who is held in custody 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 to territorial authority of Committee the notice on paper in form, according to appendix 5 to these rules.

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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