ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 22, 2018 No. 48

About approval of the Regulations on single order of registration, accounting and movement of statements and messages on crimes and incidents and Regulations on the single crime reporting, criminal cases and materials on which the decision on refusal in initiation of legal proceedings is made

For the purpose of ensuring functioning of the state system of the crime reporting, uniformity and completeness of reflection in forms of the state statistical observation of data on crime condition, and also realization of the single principles of state registration and the crime reporting, according to requirements of Article 155 of the Code of penal procedure of the Kyrgyz Republic and article 10 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on single order of registration, accounting and movement of statements and messages on crimes and incidents according to appendix 1;

- Regulations on the single crime reporting, criminal cases and materials on which the decision on refusal in initiation of legal proceedings according to appendix 2 is made.

2. Recommend to the Prosecutor General's Office of the Kyrgyz Republic to take the measures directed to realization of regulations of the provisions specified in Item 1 of this Resolution and within supervising powers to exercise control of their execution.

3. To the Ministry of Internal Affairs of the Kyrgyz Republic, the State committee of homeland security of the Kyrgyz Republic, Public service on fight against economic crimes under the Government of the Kyrgyz Republic (financial police), Public service of execution of punishments under the Government of the Kyrgyz Republic, the State Customs Service under the Government of the Kyrgyz Republic in two-month time:

- bring the decisions into accord with this Resolution;

- take the necessary measures following from this Resolution.

4. Determine that production of books of accounting, magazines and other blanks products provided by the above-stated provisions is performed by the state bodies specified in Item 3 of this Resolution.

5. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

6. This Resolution becomes effective after ten days from the date of official publication and is effective till January 1, 2019.

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of January 22, 2018 No. 48

Regulations on single order of registration, accounting and movement of statements and messages on crimes and incidents

Chapter 1. General provisions

1. The provision according to requirements of the Code of penal procedure of the Kyrgyz Republic (further - the Code of Criminal Procedure of the Kyrgyz Republic) and other legal acts establishes single procedure for the organization of acceptance, registration and verification of messages on crimes and incidents.

2. Action of this provision extends to the following bodies and officials in the part concerning them:

- bodies of pretrial investigation;

- bodies of inquiry;

- investigators;

- prosecutors;

- authorized by body of inquiry to perform the accelerated pre-judicial production;

- the staff of operational divisions of the bodies performing operational search activities;

- other officials authorized according to the procedure established by the Code of Criminal Procedure of the Kyrgyz Republic and other regulatory legal acts to perform acceptance, registration, check and control of messages on crimes and incidents;

- local courts (except for Items 12, 19 and 26 this provision).

3. Failure to carry out or inadequate accomplishment by officials of the bodies specified in Item 2 this provision, assigned to them powers and obligations on acceptance, registration, verification of messages on crimes and incidents involves responsibility, including criminal, according to the procedure, established by the legislation of the Kyrgyz Republic.

4. In this Provision the following basic concepts are used:

1) the message on crime - the statement for crime, the statement about guilty, the message of the official of the organization on detection of essential elements of offense. Procedural and other documents, and also direct detection of inquiry by body, the investigator, prosecutor of essential elements of offense concern to them:

- the written application about crime signed by the applicant;

- protocol of adoption of the oral statement on crime;

- minutes of investigative action in which the oral message on other crime is entered;

- the statement of person in the matter of private prosecution;

- minutes of judicial session in which the oral message on other crime is entered;

- statement for guilty;

- protocol of adoption of the oral statement on guilty;

- message of the official of the organization;

- official report of the prosecutor and official of law enforcement agency;

- the message in mass media;

2) acceptance (acceptance) - receipt of the message on crime by the official, competent or authorized on these actions according to article 155 Code of Criminal Procedure of the Kyrgyz Republic;

3) registration of the message on crime - entering by the authorized officer into the Book of accounting of statements and messages on crimes (further - KUZSP) in form according to appendix 1 to this Provision) intended for their registration according to departmental acts, the summary containing in the accepted message on crime and also reflection in this message of data on its fixing in KUZSP with assignment of the corresponding registration number;

4) the message on crime covered from registration - the message on crime, data on which are intentionally not entered in registration documents, and the corresponding registration number is not assigned;

5) investigation verification - the actions provided by articles 155 and 156 Codes of Criminal Procedure   of the Kyrgyz Republic, made by officials, competent and/or authorized on that, according to the message on crime.

5. Information on crimes and incidents is subdivided depending on form of receipt and procedure for consideration into two groups:

- statements and messages on crimes arriving in law enforcement agencies and being according to the criminal procedure legislation reasons and the bases for initiation of legal proceedings in which it is told about crimes. This group is subject to registration in KUZSP. Law-enforcement bodies, except the above-mentioned, register in KUZSP of the statement and message on missing citizens;

- the other information and other signals of incidents which arrived in law enforcement agencies by phone, to telegraph, etc., not being formally the bases for initiation of legal proceedings, requiring additional checking actions for the purpose of establishment of availability of essential elements of offense or lack of those, is subject to logging of accounting of information (further - ZhUI) in form according to appendix 2 to this Provision. In case of confirmation of information and receipt of the written application or message on crime, the specified statement or the message is subject to transfer in KUZSP. In case of non-confirmation of information (materials) based on the official report of the official, with the consent of the head of law enforcement agency or his deputy are left without consideration and are stored in nomenclature case (job specification).

6. Statements and messages on crimes which arrived in service of clerical work of law enforcement agency (office) by mail, to the telefax, etc. are registered by general rules of incoming correspondence, are reported on the chief of body or person replacing it which, depending on contents of information, gives written specifying about registrations of a statement, messages in KUZSP and makes the decision on procedure for its check. Transfer of such information for check of execution without registration in KUZSP is strictly forbidden.

It is also forbidden to consider in service of clerical work of law enforcement agency written applications and messages on crimes which are submitted in this body directly by the applicant.

7. Anonymous addresses, including messages of unknown persons which arrived on communication channels are fixed in ZhUI and data on criminal offense containing in it can be transferred to KUZSP only in case of their confirmation according to the official report of the official according to requirements of Item 5 of part 1 of article 150 Code of Criminal Procedure of the Kyrgyz Republic.

8. According to part 2 of article 155 Code of Criminal Procedure of the Kyrgyz Republic the unreasonable refusal in reception of an application or messages on crime can be appealed to the prosecutor or in court according to the procedure, established by articles 131 and 132 Codes of Criminal Procedure   of the Kyrgyz Republic.

9. The personal responsibility for abuse of regulations of maintaining KUZSP, ZhUI and incompleteness of registration of the arrived information on crimes and incidents is assigned to the head of law enforcement agency and officials, competent and authorized to accept and register such statements and messages.

Chapter 2. Organization of acceptance of messages on crimes and incidents

10. The direct organization and the corresponding control in the bodies listed in Item of 2 this provision, acceptance of messages on crimes and incidents is performed by heads of these bodies.

11. Officials, competent to perform acceptance of messages on crimes and incidents, to draw up them according to requirements of the Code of Criminal Procedure of the Kyrgyz Republic, the staff of body of inquiry, investigators, prosecutors, judges are (concerning statements of persons for private prosecution, and also oral messages on the crimes made during legal proceedings).

12. The round-the-clock acceptance of messages on crimes and incidents, their corresponding registration can be also charged to officials of control rooms if those are available in structure (structure) of these bodies.

13. In case of detection of essential elements of offense according to other information on the crimes and events menacing to personal and public security, the official from 2 this provision specified in Item shall constitute the corresponding official report and transfer without delay to registration to KUZSP.

14. The official who accepted the message on crime according to the powers if such message was not received from other sources, shall issue to the applicant under the signature the document (the coupon notification in form according to appendix 3 to this Provision) about adoption of this message with indication of data on person which accepted it, and also date and time of its acceptance.

15. Forms of coupons notifications and their roots are documents of the strict reporting. The filled roots of coupons notifications are given the official who accepted the message on crime, to the official who performed registration of this message (for the report and the organization of their storage within three years from the moment of issue of the notification to the applicant).

16. Rejection competent or the authorized officer of measures to registration of the accepted message on crime or refusal in registration of the provided message, and also lack of distribution it the coupon notification to the applicant about acceptance of the message on crime are inadmissible. The official who did not register the message on crime bears responsibility, including criminal, according to the procedure, established by the legislation of the Kyrgyz Republic.

17. In rooms of office buildings of the bodies listed in Item 2 this provision at stands or in other public places surely take place:

- samples of written applications about crimes, statements about guilty and requirements for their creation in the state and official languages;

- application forms of persons for private prosecution;

- the list of officials, competent and authorized to accept such messages, and also to draw up protocols of adoption of the oral statement on crime, the oral statement about guilty;

- the information about heads and other officials, including prosecutors and courts (position, full name, the address of body and number of office phone) by which according to the Code of Criminal Procedure of the Kyrgyz Republic the actions connected with acceptance (or not acceptance) messages on crimes and incidents can be appealed.

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