ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2007 No. 1299

About approval of Rules of voluntary paid surrender by citizens illegally the stored firearms, ammunition and explosives

For the purpose of implementation of the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon" the Government of the Republic of Kazakhstan DECIDES:

1. Illegal to approve the enclosed Rules of voluntary paid surrender by citizens the stored firearms, ammunition and explosives.

2. This resolution becomes effective since January 1, 2008 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 26, 2007 No. 1299

Rules of voluntary paid surrender by citizens illegally the stored firearms, ammunition and explosives

1. General provisions

1. These rules of voluntary paid surrender by citizens illegally of the stored firearms, ammunition and explosives (further - Rules) are developed for the purpose of increase in efficiency of preventive actions, enhancement of work on identification and withdrawal on paid basis illegally of the stored firearms, ammunition, explosives.

2. In Rules the following basic concepts are used:

1) weapon - the devices and objects which are structurally intended for defeat of live or other purpose, and also for giving of signals;

2) firearms - weapon in which ejection of bullet, shell, the grenade from the channel of trunk results from impact of energy of powder or other charge;

3) ammunition (cartridges) - the devices or objects which are structurally intended for shot from weapon of the corresponding type and defeat of the purpose;

4) explosive - substance which in case of certain types of external impact is capable of the bystry self-extending chemical transformation with allocation of heat and formation of gases.

3. The citizens who voluntarily handed over illegally the firearms which are stored at them ammunition and explosives earn the monetary reward in the amount of, stipulated in Item 17 these rules.

4. Financing of expenses for paid delivery of firearms, ammunition and explosives is made at the expense of the means of the republican budget provided on these purposes.

5. All voluntarily handed over firearms, ammunition, explosives are subject to utilization in the procedure established by the legislation.

Antiquarian weapon (the firearms made till 1899, except for the firearms made for firing by unitary cartridges of the central fight) and the weapon having cultural value according to the decision of the commission can be transferred to natural collections of operational criminalistic divisions or the museums of the Ministry of Internal Affairs, departments of internal affairs of the cities of Astana, Almaty, areas and on transport.

2. Procedure for delivery and registration of firearms, ammunition and explosives

6. The citizen who showed willingness it is illegal to hand over the firearms which are stored at it, ammunition, explosives for the monetary reward, files petition in any of city, district law-enforcement bodies in which specifies the data, the name of the handed-over arms objects, brand, caliber, number of weapon, quantity of ammunition and source of their obtaining (acquisition).

7. The statement for voluntary surrender, and also all voluntarily handed over firearms, ammunition and explosives are registered and drawn up according to the current legislation.

8. In case of the statement (message) the citizen in law-enforcement body by phone or with use of other electronic means of communication about desire to voluntarily hand over firearms, ammunition or explosives the employee of law-enforcement body which makes reception of an application and accepts these objects comes out to the location of these objects.

9. The firearms which are handed over by citizens are checked on accounting of the Integrated databank of the Ministry of Internal Affairs of the Republic of Kazakhstan: "Criminal weapon" and "The registered weapon" (further - IBD Ministry of Internal Affairs RK "Criminal Weapon" and "The Registered Weapon").

If the handed-over weapon has identification number and "The registered weapon" does not stay on the registry, then on weapon the information retrieval Krimo card is filled and goes to regional division of information and technical service for information input in the databank "Criminal Weapon".

10. The handed-over cut weapon is subject to obligatory shooting. The shot bullets and sleeves go to the Criminalistic pulegilzoteka of the Ministry of Internal Affairs of the Republic of Kazakhstan for conducting check.

Storage and destruction of the shot bullets and sleeves is made according to the procedure, determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. Procedure for creation and work of the commission on establishment of remuneration for the handed-over firearms, ammunition and explosives

11. Questions of remuneration establishment to citizens for the handed-over firearms, ammunition and explosives are solved komissionno.

The structure of the commissions affirms orders of chiefs of Departments of internal affairs of areas, cities of Almaty, Astana and consists of the staff of divisions of logistic and financial provision, licensed allowing work, criminal police, own safety, operational and criminalistic and information and technical services.

One of deputy chief of city or district law-enforcement body is appointed the commission chairman (further - GOROVD).

The employee of licensed and allowing work of GOROVD who will organize commission sessions is appointed the secretary of the commission.

12. The commissions are created in each GOROVD of departments of internal affairs of areas, cities of Almaty and Astana.

13. The commission in time no more than one month considers the provided materials, determines technical condition of voluntarily handed over objects and substances, and also the amount of remunerations for their voluntary surrender.

14. The secretary of the commission based on the petition from the citizen about voluntary surrender of objects and substances creates the "Case on voluntary paid surrender of objects and substances" (further - Case) consisting of the following materials:

1) statements for voluntary surrender;

2) the conclusions of the specialist criminalist that these objects are firearms, ammunition or explosives, and also suitability or unfitness of weapon to production of shot;

3) materials about check on accounting of IBD Ministry of Internal Affairs RK "Criminal Weapon" and "The Registered Weapon";

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