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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 31, 2019 No. 587

About some questions connected with traffic safety

For the purpose of increase in efficiency of activities of law-enforcement bodies for traffic safety, according to articles 10 and 17 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 procedure for survey of citizens on alcohol intoxication using special technical means and the direction of citizens on medical examination for establishment of state of intoxication by alcohol, drugs, the psychotropic and other stupefying substances according to appendix.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on performing medical examination regarding establishment of state of intoxication alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances in the Kyrgyz Republic" of February 12, 2015 No. 50 the following changes:

in Regulations on the performing medical examination regarding establishment of state of intoxication alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances in the Kyrgyz Republic approved by the above-stated resolution:

- in item 4:

in the paragraph the second "The code of the Kyrgyz Republic about the administrative responsibility" shall be replaced with words words "The code of the Kyrgyz Republic about violations";

the fourth to state the paragraph in the following edition:

"-in connection with making or suspicion about committing by person of the illegal acts attracting the responsibility provided by the penal legislation of the Kyrgyz Republic;";

add with the paragraph the eighth the following content:

"-in case of failure of face of survey regarding stay in state of intoxication with use of special technical means or its disagreement with result of such survey.";

- state Item 5 in the following edition:

"5. The protocol on the direction on medical examination constituted by the employee of authorized body with indication of the reasons which caused the necessity of performing medical examination shall be provided to the doctor making medical examination.";

- to state the name of Section 4 in the following edition:

"4. Execution of the act of medical examination and formulation of the conclusion";

- state Item 15 in the following edition:

"15. The doctor who is carrying out medical examination draws up the statement of medical examination on state of intoxication (further - the act). In the act results of clinical inspection, chemical and laboratory researches are in detail stated and the corresponding conclusion is taken out.

The form of the act affirms the Ministry of Health of the Kyrgyz Republic in coordination with the Ministry of Internal Affairs of the Kyrgyz Republic.";

- in Items 17 and 22 to replace the word "protocol" in different cases with the word "act" in the corresponding cases;

- in Item 18 of the word of "The code of the Kyrgyz Republic about the administrative responsibility" shall be replaced with words "The code of the Kyrgyz Republic about violations";

- in Item 23 of the word "Protocol of Medical Examination", "protocol of medical examination" shall be replaced with words "Act", "act" respectively;

- in Item 24 of the word "protocol of survey" to replace with the word "act";

- in Item 25 to replace the word of "protocol" with the word of "act".

3. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for the direction of citizens on medical examination for establishment of state of intoxication alcohol, drugs, the psychotropic and other stupefying substances" of May 24, 2012 No. 312.

4. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of October 31, 2019 No. 587

Regulations on procedure for survey of citizens on alcohol intoxication using special technical means and the direction of citizens on medical examination for establishment of state of intoxication alcohol, drugs, the psychotropic and other stupefying substances

1. General provisions

1. This Provision establishes procedure for survey on alcohol intoxication using special technical means and registration of its results, and also the directions of citizens on medical examination for establishment of state of intoxication alcohol, drugs, the psychotropic and other stupefying substances (further - state of intoxication) and the subsequent representation of results of the carried-out survey.

2. Survey on alcohol intoxication using special technical means and the direction of citizens on medical examination for establishment of state of intoxication is performed by the staff of law-enforcement bodies of the Kyrgyz Republic (further - Department of Internal Affairs).

3. In case of disagreements between the examined person and the employee of Department of Internal Affairs of the Kyrgyz Republic about state of intoxication of the examined person, repeated survey in medical institutions of the Kyrgyz Republic can be carried out.

4. Foreign citizens and stateless persons are subject to survey on an equal basis with citizens of the Kyrgyz Republic, except the cases established by the legislation of the Kyrgyz Republic in the field of diplomatic relations.

5. Survey on alcohol intoxication using special technical means is carried out according to this Provision, survey on state of intoxication in medical institutions of the Kyrgyz Republic is carried out according to the procedure, determined by the legislation of the Kyrgyz Republic in the field of health care.

6. Upon termination of carrying out survey on alcohol intoxication using special technical means the protocol in duplicate is constituted. The first copy of the protocol is issued to the citizen, the second copy remains at the employee of Department of Internal Affairs of the Kyrgyz Republic.

2. Survey on alcohol intoxication using special technical means

7. Survey on alcohol intoxication is performed by the special technical means allowed to application of the Kyrgyz Republic by the Ministry of Health, which underwent the corresponding testing in accordance with the established procedure by the Center for standardization and metrology under the Ministry of Economics of the Kyrgyz Republic, and also having technical capability of record of results of measurements on paper.

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