I.O'S ORDER. ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2019 No. 80

About introduction of amendments to some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting

I ORDER:

1. Approve the enclosed list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made.

2. 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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries 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 the copy of this order on official 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 for data, and also to territorial authorities of Committee for execution.

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

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

Approved by the Order of the acting as the Attorney-General of the Republic of Kazakhstan of August 1, 2019, No. 80

The list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made

1. In the order of the Attorney-General of the Republic of Kazakhstan of April 29, 2011 No. 39 "About approval of Rules of maintaining and use of accounting of the faces dismissed from public service for negative motives" (it is registered in the Register of state registration of regulatory legal acts for No. 6986, No. 196 is published in the Kazakhstanskaya Pravda newspaper of June 23, 2011 (26617):

in Rules of maintaining and use of accounting of the persons dismissed from public service for negative motives, approved by the specified order (further - Rules):

the fourth Item 2 to state part in the following edition:

"Managements of Committee on areas, the cities of republican value and the capital, Military management and regional Transportation Directorate of Committee (further - territorial authorities) conduct local accounting.";

appendices 1, 2 to Rules to be reworded as follows, according to appendices 1, 2 to this List.

2. In the order of the Attorney-General of the Republic of Kazakhstan of September 23, 2013 No. 101 "About approval of the List of the personal data necessary and the sufficient for accomplishment performed tasks bodies of prosecutor's office" (it is registered in the Register of state registration of regulatory legal acts for No. 8808, No. 302 is published in the Kazakhstanskaya Pravda newspaper of October 26, 2013 (27576):

2) of Item 2 to state the subitem in the following edition:

"2) in structural divisions of the Prosecutor General's Office, Academy of law enforcement agencies under the Prosecutor General's Office, the Main military and transport prosecutor's offices, prosecutor's offices of areas, cities of republican value and the capital, territorial authorities of Committee for data.".

3. In the order of the Attorney-General of the Republic of Kazakhstan of July 8, 2014 No. 70 "About creation of centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors), and approval of the Instruction for its maintaining" (it is registered in the Register of state registration of regulatory legal acts for No. 9628, it is published on September 15, 2014 in information system of law of Ad_let):

in the Instruction for maintaining centralized databank of persons which did not fulfill obligations according to executive documents, and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors), approved by the specified order:

state Item 3 in the following edition:

"3. TsBDD is created based on data of the automated information systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - AIS KPSIS) provided by state bodies authorized to reveal administrative offenses and (or) to consider cases on administrative offenses (further - subjects of administrative practice) according to the order of the Attorney-General of the Republic of Kazakhstan of October 10, 2014 No. 114 "About approval of the Instruction for forming of centralized accounting of data on administrative offenses and persons, them made" (it is registered in the Register of state registration of regulatory legal acts for No. 9869 (further - the order No. 114)) and bodies of enforcement proceeding based on information accounting documents, provided by the order of the Attorney-General of the Republic of Kazakhstan of February 24, 2015 No. 38 "About approval of the report of form No. 4 "About work on execution of court resolutions" and Instructions for its creation" (it is registered in the Register of state registration of regulatory legal acts for No. 10567).".

4. In the order of the Attorney-General of the Republic of Kazakhstan of August 12, 2014 No. 81 "About creation of databank about the citizens of the Republic of Kazakhstan brought to trial, serving sentence abroad and approval of the Instruction for its maintaining" (it is registered in the Register of state registration of regulatory legal acts for No. 9724, it is published on November 24, 2014 in information system of law of Ad_let):

in the Instruction for maintaining databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad approved by the specified order:

3) of Item 7 to state the subitem in the following edition:

"3) notices on change of sentence, release, parole or on the death of persons concerning which data were sent to Management of Committee on Nour-Sultan's city earlier.";

to state part one of Item 8 in the following edition:

"8. Introduction of the adjusting information, based on the written address of the citizen concerning which there are data in databank is allowed. The application for introduction of adjustments is directed to Management of Committee on Nour-Sultan's city.";

state Item 9 in the following edition:

"9. The employee of Management of Committee on the city Nur-Sultan during five (5) the working days after receipt of supporting documents enters their graphical copies and enters information in card.";

17, 18 to state Items in the following edition:

"17. DKS MFA RK the documents which arrived from foreign institutions during five (5) the working days forwards in Management of Committee on Nour-Sultan's city.

18. In case of non-presentation of all documents by foreign institutions necessary for replenishment of databank, Management of Committee on Nour-Sultan's city requests additional data from the relevant foreign institution through DKS MFA RK, except for copies of identity documents of the citizen of the Republic of Kazakhstan.".

5. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 101 "About approval of form of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" and Instruction for its creation" (it is registered in the Register of state registration of regulatory legal acts for No. 9859, it is published on November 24, 2014 in information system of law of Ad_let):

in the Instruction for creation of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" approved by the specified order:

state Item 2 in the following edition:

"2. Treat subjects of legal statistics: Committee of homeland security of the Republic of Kazakhstan, Ministry of Defence of the Republic of Kazakhstan, Ministry of Internal Affairs of the Republic of Kazakhstan and Committee of financial monitoring of the Ministry of Finance of the Republic of Kazakhstan.

Supplied according to the Section 7 "Data on Results of Registration of Persons Suffering From Harmful Dependence on Drugs, Psychotropic Substances and Precursors" of the report, represent managements of health care of akimats of areas, cities of republican value and the capital, and territorial subdivisions of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan.".

6. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 102 "About approval of form of the statistic report No. 1-E "About work of criminal prosecution authorities" and Instructions for its creation (it is registered in the Register of state registration of regulatory legal acts for No. 9852, it is published on November 24, 2014 in information system of law of Ad_let):

in the Instruction for creation of form of the statistic report No. 1-E "About work of criminal prosecution authorities", approved by the specified order:

state Item 8 in the following edition:

"8. After final loading of EIUD in ERDR till 00:00 o'clock (on time of the city of Nour-Sultan) the last accounting period calculation of the statistic report created for certain period of time (statistical cut) which affirms 2 dates, following the accounting period is made.

In the approved statistic report created for certain period of time (statistical cut) introduction of any adjustments is forbidden.".

7. In the order of the Attorney-General of the Republic of Kazakhstan of October 10, 2014 No. 114 "About approval of the Instruction for forming of centralized accounting of data on administrative offenses and persons, made" (it is registered in the Register of state registration of regulatory legal acts for No. 9869, it is published on November 24, 2014 in information system of law of Ad_let) them:

in the Instruction for forming of centralized accounting of data on the administrative offenses and persons which made them, approved by the specified order (further - the Instruction):

state Item 68 in the following edition:

"68. The information about persons brought to the administrative responsibility for making of administrative corruption offenses is stored within three years from the date of the end of execution of the resolution on imposing of administrative punishment (article 13 of the Law of the Republic of Kazakhstan on November 23, 2015 "About public service of the Republic of Kazakhstan")".;

to be reworded as follows appendix 1 to the Instruction according to appendix 3 to this List.

8. In the order of the Attorney-General of the Republic of Kazakhstan of January 6, 2015 No. 6 "About conducting the special accounting connected with legalization (washing) of the money and (or) other property received in the criminal way, and terrorism financing" (it is registered in the Register of state registration of regulatory legal acts for No. 10193, it is published on February 27, 2015 in information system of law of Ad_let):

in appendix 2 to the specified order:

State the note in the following edition:

"Note: Indicators 2-13 are filled by results of quarterly reconciliation of the Single unified statistical system with the automated information system "Special Accounting" regarding availability of data on persons condemned under Articles 218, 258 Criminal Codes of Kazakhstan and based on the alphabetic accounting card approved by the 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" (it is registered in the Register of state registration of regulatory legal acts for No. 16667).

Indicators 14-15 are filled based on the executive document and cards of forms 4.0, 4. 1, approved by the order of the acting as the Attorney-General of the Republic of Kazakhstan of February 24, 2015 No. 38 "About approval of the report of form No. 4 "About work on execution of court resolutions" and Instructions for its creation" (it is registered in the Register of state registration of regulatory legal acts for No. 10567).".

9. In the order of the Attorney-General of the Republic of Kazakhstan of January 12, 2015 No. 11 "About approval of Rules of accounting of persons recognized by court incapacitated it is also limited capable", (it is registered in the Register of state registration of regulatory legal acts for No. 10218, it is published on February 27, 2015 in information system of law of Ad_let):

in Rules of accounting of persons recognized by court incapacitated it is also limited capable, approved by the specified order:

state item 4 in the following edition:

"4. Accounting is performed by input by territorial authorities of Committee of information about persons recognized by court incapacitated and is limited capable (further - data of accounting) in AIS SU of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee), with attachment of graphical copies of the decisions of the courts, electronic information accounting documents on civil case (further - EIUD) approved by the order of the Attorney-General of the Republic of Kazakhstan of November 2, 2017 No. 124 "About approval of forms of court statistic reports in the civil sphere and the Instruction for their forming" (it is registered in the Register of state registration of regulatory legal acts for No. 16009) (further - the order No. 124), copies of the identity document.";

state Item 11 in the following edition:

"11. Quarterly territorial authorities of Committee carry out reconciliations of data of accounting to AIS SU with statistical information of the court reports approved by the order No. 124, created in the automated information system "The Single Unified Statistical System".";

state Item 12 in the following edition:

"12. For the purpose of exception of repeated pronouncement by courts of decisions on recognition of person to incapacitated or it is limited capable in case of receipt of the statement according to the procedure of Article 323 of the Code of civil procedure of the Republic of Kazakhstan, the territorial authority of Committee upon the demand of court performs check on accounting and within five working days represents data on availability or lack of information on recognition of person to incapacitated or is limited by capable.

In case of receipt of the requirement of person staying on the registry as incapacitated and restrictedly capable by the territorial authority of Committee to courts reports data on number of civil case and court which passed the decision.";

state Item 14 in the following edition:

"14. Procedure for reclamation of data of accounting on persons recognized by court incapacitated it is also limited by capable it is regulated by the 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, approved by the order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29 (it is registered in the Register of state registration of regulatory legal acts for No. 16667).

10. In the order of the acting as the Attorney-General of the Republic of Kazakhstan of February 24, 2015 No. 38 "About approval of the report of form No. 4 "About work on execution of court resolutions" and Instructions for its creation" (it is registered in the Register of state registration of regulatory legal acts for No. 10567, it is published on April 9, 2015 in "Ad_let" information system of law :);

in the Instruction for creation of the report of form No. 4 "About work on execution of court resolutions", approved by the specified order:

state Item 10 in the following edition:

"10. The summary report of the state and private legal executives is signed by chiefs of territorial administrations of Committee, heads of Departments of justice of areas, cities of republican value and the capital and heads of regional chambers of private legal executives of areas, cities of republican value and the capital, (after approval of statistical cut by Committee) which ensure its safety on places (without the direction in Committee).

11. In the order of the Attorney-General of the Republic of Kazakhstan of November 16, 2015 No. 131 "About approval of form of the statistic report "About the Road Accidents Which Entailed Death or Wound of People" and Instruction for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 12397, it is published on December 18, 2015 in information system of law of Ad_let):

to be reworded as follows the statistic report "About the Road Accidents Which Entailed Death or Wound of People" approved by the specified order according to appendix 4 to this List;

in the Instruction for forming of the statistic report "About the Road Accidents Which Entailed Death or Wound of People" approved by the specified order:

the second Item 10 to state part in the following edition:

"In detail 1 "Number of card" the first couple of figures designates year of filling, by the second couple - code of area, the cities of republican value and the capital, the third couple - code of the area or city, the fourth couple - code of department, in the ninth figure - reserve number and the last figures (5 signs) is designated sequence number of card according to register of road accident of division of administrative police, the body of registration is specified further.".

12. In the order of the Attorney-General of the Republic of Kazakhstan of December 18, 2015 No. 147 "About approval of Rules of calls accounting of physical persons and legal entities" (it is registered in the Register of state registration of regulatory legal acts for No. 12893, it is published on February 1, 2016 in information system of law of Ad_let:

to state preamble of the order in the following edition:

"According to Item 2 of article 7 of the Law of the Republic of Kazakhstan of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities", I ORDER:".

13. In the order of the Attorney-General of the Republic of Kazakhstan of March 24, 2016 No. 49 "About approval of Rules of conducting accounting of persons made responsible for implementation of terrorist activities, and also the organizations and information materials recognized by court terrorist and persons made responsible for making of extremism, and also the organizations and information materials recognized by court extremist" (it is registered in the Register of state registration of regulatory legal acts for No. 13613, it is published on April 29, 2016 in information system of law of Ad_let):

in Rules of conducting accounting of persons made responsible for implementation of terrorist activities, and also the organizations and information materials recognized by court terrorist and persons made responsible for making of extremism, and also the organizations and information materials recognized by court extremist, approved by the specified order:

state Item 1 in the following edition:

"1. These rules of conducting accounting of persons made responsible for implementation of terrorist activities, and also the organizations and information materials recognized by court terrorist and persons made responsible for making of extremism, and also the organizations and information materials recognized by court extremist (further - Rules) are developed in pursuance of the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office", for the purpose of ensuring conducting accounting according to subitems 10-1) and 11) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" and in pursuance of requirements of article 12-1 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism", article 9 of the Law of the Republic of Kazakhstan of February 18, 2005 "About counteraction to extremism", article 12 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.".

14. In the order of the Attorney-General of the Republic of Kazakhstan of June 22, 2016 No. 113 "About approval of Rules of accounting of persons who made the minor offenses discrediting public service" (it is registered in the Register of state registration of regulatory legal acts for No. 13977, it is published on August 10, 2016 in information system of law of Ad_let):

in Rules of accounting of the persons who made the minor offenses discrediting public service, approved by the specified order (further - Rules):

state Item 16 in the following edition:

"16. All persons applying for revenues to public service are subject to check on accounting and also when holding other checking actions concerning person, according to the current legislation.

Blank forms, procedure for their filling and the direction for check on accounting, and also completion dates are identical the established 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, approved by the order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29 (it is registered in the Register of state registration of regulatory legal acts for No. 16667).

Reclamation of information on persons is performed through information service on the portal of "Requirement of Physical Person" Committee. In the absence of possibility of registration of subjects of legal statistics and special accounting on this portal, receipt of data is made by the direction in Committee and its territorial authority of the requirement which is drawn up on each checked face separately.";

appendix 1 to Rules to state in edition according to appendix 5 to this List;

15. In the order of the Attorney-General of the Republic of Kazakhstan of July 14, 2016 No. 125 "About approval of the report of form No. 3-K "About the corruption crimes, persons which made them, condemned movement of criminal cases about corruption crimes and about subjects of corruption offenses" and Instructions for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 14126, it is published on September 1, 2016 in information system of law of Ad_let):

the report of form No. 3-K "About the corruption crimes, persons which made them, condemned, movement of criminal cases about corruption crimes and about subjects of corruption offenses", approved by the specified order:

add with the Section 1-1 "Data on Corruption Criminal Cases without Episodes" according to appendix 6 to this List;

2, of 3, of 4, 5 to be reworded as follows Sections according to appendix 7 to this List;

16. In the order of the Attorney-General of the Republic of Kazakhstan of August 4, 2017 No. 78 "About approval of Rules of maintaining and use of special accounting of the faces which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification caused by mutilation or other damage to health, the death of the supporter" (it is registered in the Register of state registration of regulatory legal acts for No. 15639, it is published on September 18, 2017 in Reference control bank of regulatory legal acts):

in Rules of maintaining and use of special accounting of persons which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter, approved by the specified order:

the second Item 3 to state part in the following edition:

"Managements of Committee of areas, cities of republican value and capital, Military management and regional Transportation Directorate of Committee (further - territorial authorities of Committee) perform conducting local search accounting and input of data in AIS SU.".

change in Kazakh is made to the subitem 5 of Item 31, the text in Russian does not change.

17. In the 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" (it is registered in the Register of state registration of regulatory legal acts for No. 16667, it is published on April 10, 2018 it is published in Reference control bank of regulatory legal acts):

in Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, the persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned the faces approved by the specified order:

in Item 32 change in Kazakh is made, the text in Russian does not change;

state Item 76 in the following edition:

"76. IUD are subject to storage in the special cases convenient for conducting help work. Cases are placed in certain rooms (card-indexes) isolated and equipped with modern fire extinguishing means, security and fire alarm systems. The room of card-index shall be separated the next offices by fireproof walls.

The entrance to the room of card-index is equipped with metal entrance door with coded locks. At windows of the room of card-index the opening metal lattices (which are locked from within) shall be established.

Placement of card-index indoors through which there pass gas, water and sewer pipelines is not allowed. IUD needs to be stored in the corresponding conditions of the light, temperature and moist and sanitary and hygienic modes, according to Rules of completing, storage, accounting and use of documents of National Archive Fund and other archive documents by the Public and special Public Records Offices approved by the order of the Government of the Republic of Kazakhstan of September 20, 2018 No. 576.";

change in Kazakh is made to parts three of Item 92, the text in Russian does not change;

state Item 94 in the following edition:

"94. Defenders, when rendering legal aid to persons, request data of special accounting only concerning person who asked for the help by the written appeal to territorial authority of Committee with submission of the copy of the document certifying its participation in specific case (certificates of the lawyer and the written notice of protection (representation), the written confirmation of body of the investigation (inquiry) or court) and copies of the identity document of person which interests it represents.

In all copies of the documents attached to request of the defender biographical particulars of that person whose rights and interests are protected/are represented shall be specified.

Queries of defenders are solved by territorial authority of Committee within five working days with provision of all data listed in Item 79 of these rules.

Day of receipt of request does not enter its execution in time.".

Appendix 1

to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made

Appendix 1

to Rules of maintaining and use of accounting of persons dismissed from public service for negative motives

Form

The accounting card of persons dismissed from public service for negative motives of form No. 1-OHM (it is constituted by personnel service of body)

1.______________________________________________________________________________

                                        (name of body)

2. It is made: official, political government employee, government employee.

2.1. It is made: dictionary detail;

law enforcement officers: dictionary detail;

staff of special bodies: dictionary detail;

staff-military personnel of bodies: dictionary detail;

employees of the ministries and agencies: dictionary detail;

employees of akimats and their structural divisions, employees of other government institutions.

3. The dismissal bases from public service for negative motives:

article 34 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" - Item 1 of the subitem 5) the introduction in legal force of conviction against this judge, the termination of criminal case at pre-judicial stage based on Items 3), 4), 9), 10) and 12) parts one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK); Item 1 of the subitem 11) the decision of the Commission on quality of justice on discrepancy of the judge of post owing to professional unfitness; Item 1 of subitem 11-1) the solution of Judicial jury on need of dismissal of the judge for making of minor offense by it or failure to meet requirements, specified in the article 28 of this Constitutional law;

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