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ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of June 25, 2013 No. 325

About approval of Rules of content in specially equipped rooms of persons subjected to administrative detention

(as amended on 15-10-2021)

According to the subitem 28) of article 56 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Rules of content in specially equipped rooms of persons subjected to administrative detention.

2. To provide to the border service of Committee of homeland security of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication.

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

Chairman of Committee

N. Abykayev

Approved by the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of June 25, 2013 No. 325

Rules of content in specially equipped rooms of persons subjected to administrative detention

1. General provisions

1. These rules of content in specially equipped rooms of persons subjected to administrative detention (further - Rules), determine procedure for content in specially equipped rooms of persons subjected to administrative detention by officials of the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service).

2. In these rules the following concepts are used:

1) specially equipped room for content of persons subjected to administrative detention (further - the special room) - complex of the equipped rooms and rooms of modular type intended for the round-the-clock content of persons who are subjected to administrative detention (further - the detained persons).

2) administrative detention - temporary deprivation of physical person of personal liberty, in particular freedom of action and movement with forced content in the special room during certain time, for the purpose of suppression of its illegal actions.

2. Procedure for content in special rooms of the detained persons

3. Administrative detention by officials of the Border service is applied in the cases provided by subitems 4), 5) and 12) of article 787 of the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" (further - the Code), for the purpose of suppression of illegal actions of person suspected of making of administrative offense.

4. Content in special rooms is performed according to the principles of legality, presumption of innocence, equality of citizens before the law, humanity, respect of honor and advantage of the personality, rules of international law.

5. The basis for determination of person to the special room is the protocol of administrative detention constituted according to the procedure, stipulated in Article 788 Codes, by the authorized officer of the Border service.

6. Terms of content and procedure for their calculation in specially equipped rooms of persons subjected to administrative detention are determined according to article 789 of the Code.

7. Specially equipped rooms separately contain the following persons:

1) the minors subjected to administrative detention, separately from adult persons;

2) persons of different floor to whom administrative detention is applied.

8. According to Item 2 of article 788 of the Code at the request of person detained for making of administrative offense his relatives, administration on place of employment or studies, the defender, and also embassy, consulate or other representation of foreign state according to the procedure, established by the legislation of the Republic of Kazakhstan without delay are notified on the place of its stay. About detention of the minor the notification of his parents or persons replacing them surely.

9. The detained persons can appeal measures of ensuring proceeedings about the administrative offense according to the procedure provided by Chapter 44 of the Code.

10. In special rooms the mode providing the round-the-clock watch and excluding possibility of unauthorized leaving by persons containing in them is set.

The organization of control of observance of the mode is performed by the chief of division in the territory of which the special room is located.

11. The detained persons are given walk opportunity in the walking yard.

12. For the organization of daily activities of the special room the military position responsible for the special room is provided in staff of territorial and (or) its structural division. Responsible for the special room for office questions submits to the chief of division of inquiry and administrative production of territorial and (or) its structural division.

13. For the purpose of providing procedure in special rooms responsible for special premises of division of inquiry and administrative production:

1) daily controls service on duty concerning providing the mode in the special room;

2) exercises control of sanitary condition in the special room, timely carrying out sanitary processing of rooms and replacement of bedding;

3) is responsible for safety of material values and for clerical work of the special room;

4) accepts under safe custody the physical evidences and personal belongings of the detained persons placed in the room for their storage;

5) has preventive talks during which explains the bases of application of administrative detention and qualification of administrative offense, right of the detained person with the detained persons, acquaints detainees with these rules and daily routine.

14. For providing the mode in the special room, protection and content of the detained persons, physical evidences and personal belongings of the detained persons the service on duty from among the military personnel of territorial and (or) its structural division is appointed.

15. The list of the person on duty of service is determined by the chief of division in the territory of which the special room is located.

16. In the list of the person on duty of service in case of the special room are appointed the person on duty on the special room, the assistant to the person on duty on the special room (from calculation one assistant to the person on duty to five detained persons).

17. In case of absence of the detained persons or physical evidences watch according to the decision of the chief of division in the territory of which the special room is located is not appointed.

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