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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 2014 No. 432

About approval of Rules of implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies

(as amended on 08-12-2020)

According to the subitem 25) of article 11 of the Law of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies of the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies (further - Rules).

2. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide in the procedure established by the legislation:

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

2) official publication of this order in mass media;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. Declare invalid the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 16, 2010 No. 356 "About approval of the Instruction for implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies" (it is registered in the Register of state registration of regulatory legal acts at No. 6481, it is published in the Kazakhstanskaya Pravda newspaper of September 22, 2010 for No. 249).

4. To provide to chairmen of Committees, chiefs of Departments, independent Regional Offices of the Ministry of Internal Affairs of the Republic of Kazakhstan, chiefs of departments of police of areas, cities of republican value and the capital studying of this order by staff of law-enforcement bodies and strict execution of its requirements.

5. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Turgumbayev E. Z. and Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.).

6. This order becomes effective after ten calendar days from the date of its first official publication, except for subitems 3), 4), 5), 6), 7) of Item 2 of the enclosed Rules which become effective since January 1, 2015.

Minister police lieutenant general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 15, 2014 No. 432

Rules of implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies

Chapter 1. General provisions

1. These rules of implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies", of December 4, 2009 "About prevention of domestic violence", of April 29, 2010 "About prevention offense", of July 9, 2004 "About prevention of offenses among minors and preventions of children's homelessness and neglect" and determine procedure of preventive control of persons staying on the preventive registry.

2. Are subject to preventive control:

1) persons concerning whom the protective instruction is taken out;

2) persons on whom the decision on restriction of leisure and establishment of special requirements to behavior is made;

3) the minors who made the acts containing the signs of criminal offense which are not subject to criminal liability in connection with not achievement of age from which there comes criminal liability;

4) minors, persons accused or suspects of making of criminal offenses concerning which the measures of restraint which are not connected with arrest are chosen;

5) the minors exempted from organizations of criminal executive system;

6) graduates of the special organizations of education and the organizations of education with specific mode of content;

7) parents or other legal representatives of the minors who are not fulfilling the duties on education, training and (or) content of minors and also which are negatively influencing their behavior.

3. Preventive control of persons concerning whom the protective instruction is taken out is performed from the moment of delivery to it the protective instruction, and before expiration.

4. Preventive control of persons on whom the decision on establishment of restriction of leisure and special requirements to behavior is made is performed from the moment of decision (resolution) of court before expiration of restrictions and special requirements to behavior of the offender which are determined by court.

5. Preventive control of the minors who made the acts containing the signs of criminal offense which are not subject to criminal liability in connection with not achievement of age from which there comes criminal liability, came back from the special organizations of education and the organizations of education with specific mode of content is performed within 12 months, but no more than before attainment of majority.

6. Preventive control of minor persons accused or suspects of making of criminal offenses concerning which the measures of restraint which are not connected with arrest are chosen is performed during inquiry period of criminal case, but no more than before attainment of majority.

7. Preventive control of the minors exempted from organizations of criminal executive system is performed before repayment or removal of criminal record, but no more, than before attainment of majority.

8. Preventive control of the parents or other legal representatives of minors who are not fulfilling the duties on education, training and (or) content of minors and also which are negatively influencing their behavior, at least once a quarter.

In case of prolongation of term of statement on preventive accounting for one year, the decision of the chief of law-enforcement body or its deputy, the period of implementation of preventive control is prolonged respectively for the specified term.

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