ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 15, 2011 No. 47

About approval of the Instruction about work of law-enforcement bodies on implementation of licensed and allowing and control functions and the Instruction about work of law-enforcement bodies on control of turnover of office and civil weapon, ammunition to it and about procedure for opening of weapon repair shops

According to the laws of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", "About law-enforcement bodies of the Kyrgyz Republic", "About weapon" the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- The instruction about work of law-enforcement bodies on implementation of licensed and allowing and control functions;

- The instruction about work of law-enforcement bodies on control of turnover of office and civil weapon, ammunition to it and about procedure for opening of weapon repair shops.

2. Recognize invalid orders of the Ministry of Internal Affairs of the Kyrgyz Republic:

- "About approval of the Instruction about work of law-enforcement bodies on implementation of authorization system" (it is registered in the Ministry of Justice of the Kyrgyz Republic on April 30, 2002, registration number 68-02);

- "About approval of the Instruction about work of law-enforcement bodies on control of turnover of office and civil weapon and about procedure for opening of shooting galleries, shooting ranges, shooting and hunting stands, weapon repair shops" (it is registered in the Ministry of Justice of the Kyrgyz Republic on April 30, 2002, registration number 67-02).

3. To the Ministry of Internal Affairs to bring the decisions into accord with this resolution.

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

Approved by the Order of the Government of the Kyrgyz Republic of February 15, 2011 No. 47

The instruction about work of law-enforcement bodies on implementation of licensed and allowing and control functions

1. General provisions

1. This Instruction is developed according to the legislation of the Kyrgyz Republic and determines the main objectives, forms and methods of the organization of work of law-enforcement bodies on implementation of licensed and allowing and control functions.

2. Tasks of law-enforcement bodies in implementation of licensed and allowing and control functions are the prevention of abuses of regulations of turnover (production, sale, transfer, acquisition, repair, accounting, storage, carrying, transportation, use, withdrawal, destruction, import and export, collecting, exhibiting) of objects and substances on which the specific mode of use, and also cases of loss, plunders, their uses not to destination and in criminal objectives is set.

3. Treat objects and substances on which the licensed authorization system performed by law-enforcement bodies is installed: civil and office weapon and ammunition to it, explosives and products (including pyrotechnic), special means and strong toxic agents.

4. Objects of authorization system are: storages, warehouses, bases, the organizations in which there are objects (firearms and ammunition, blasting agents) and substances (explosive, pyrotechnic, strong poisonous), and also the shooting galleries, shooting ranges, hunting-sports stands, weapon and repair, pyrotechnic masterful (companies), the sales organizations and laboratories making the analyses of strong toxic agents, shops trading firearms, ammunition to it and hunting knives, facilities for production of weapon, ammunition, to production of cold bladed weapon and souvenir knives, the organizations which are engaged in the organization of foreign tourist hunting and also the private security companies and private detectives.

5. Performing licensed and allowing and control functions, law-enforcement bodies according to the legislation of the Kyrgyz Republic issue:

licenses on:

- production, repair, arms trade and ammunition;

- realization of explosives and products (including pyrotechnic);

- the paragraph the fifth Item 5 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 14.12.2016 г.№676

permissions on:

- acquisition, storage, transportation, carrying, collecting, exhibiting of civil, office weapon and ammunition to it;

- acquisition, storage, transportation, carrying, import and export of special means;

- the paragraph the ninth Item 5 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 14.12.2016 No. 676

- the paragraph the tenth Item 5 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 14.12.2016 No. 676

- right of storage of explosive materials of industrial function;

- right of storage of pyrotechnic products;

- import of pyrotechnic products to the territory of the Kyrgyz Republic;

- right of acquisition of explosive materials;

- acquisition and realization of strong toxic agents.

6. On law-enforcement bodies control of observance of rules is imposed:

acquisitions, storages, accounting and shipment of firearms, ammunition to it, explosive materials, strong toxic agents, pyrotechnic products;

production of cold weapon;

functioning of shooting galleries and shooting ranges, hunting-sports stands, pyrotechnic, weapon repair shops (companies), shops trading firearms and ammunition to it, the sales organizations and laboratories making analyses of strong toxic agents.

7. Law-enforcement bodies exercise control of providing with administration the companies, organizations of safety of strong toxic agents in places of their permanent storage.

8. (Further the Ministry of Internal Affairs) and law-enforcement bodies on places are assigned to the Ministry of Internal Affairs of the Kyrgyz Republic: registration (re-registration) and accounting of the hunting guns belonging to citizens, control of procedure for their storage, use, and also issue of permissions to their acquisition and storage.

9. Law-enforcement bodies perform licensed and allowing and control functions by careful, systematic inspection of objects, check and the admission of persons to the work connected with acquisition, storage, transportation, protection and use of objects and substances on which the authorization system, issues of the corresponding permissions, the subsequent control, and also holding preventive actions for the prevention and suppression of abuses of regulations of authorization system, involvement of perpetrators to responsibility according to the legislation of the Kyrgyz Republic is installed.

10. Work on implementation of licensed and allowing and control functions on places will be organized by departments of public safety through chief inspectors, inspectors of licensed and allowing work.

11. Local militia inspectors on sites perform actions for the line of authorization system according to the Instruction about work of local militia inspectors.

12. The employees who are carrying out licensed and allowing work in law-enforcement bodies in the activities interact with other services, and also with the state and public organizations.

13. All activities of law-enforcement bodies for implementation of licensed and allowing and control functions are based on the most strict respecting the rule of law. The employees performing these functions will organize the work according to the current legislation, orders and instructions of the Ministry of Internal Affairs, and also this Instruction.

2. The admission of persons to the works connected with turnover of objects and substances to which the authorization system extends

14. Reception of citizens for the work which is directly connected with turnover of objects and substances on which the authorization system is installed is made by administration of the company, the organization, organization or educational institution only under preliminary approval of law-enforcement bodies.

15. The admission of persons to the works connected with turnover of objects and substances on which the authorization system is installed is performed by law-enforcement bodies after comprehensive and careful check based on letters of administration of the companies, the organizations, educational institutions which represent necessary data to law-enforcement body (lists of persons with indication of surname, name, middle name, birth date and birth place, the residence, data on last labor activity and the medical documents testimonial of suitability of this person to the specified work type). The law-enforcement body till one month from the date of receipt of the letter checks specified persons; about the residence, availability of criminal record and other compromising materials, accounting in psychoneurological, narcological dispensaries.

16. The law-enforcement body refuses to persons the admission to the work connected with turnover of objects and substances to which action of authorization system, in the presence of the following circumstances extends:

a) the conclusion (references) of the medical institution testimonial of the fact that this person cannot be for health reasons used at such works;

b) data on systematic violation by the checked face of public order, abuse of alcoholic drinks, the use of narcotic substances;

c) brining a charge of crime execution, and also bringing to court;

d) there is criminal record.

17. In the presence of the circumstances interfering the admission of persons to the work connected with turnover of objects and substances to which the authorization system extends law-enforcement body informs on it administration of organization, the organization, the company, without referring to the reasons.

3. Organization of control of objects of authorization system

18. Licensed and allowing control will be organized by heads of the Municipal Department of Internal Affairs, the Department of Internal Affairs, municipal police department, the District Department of Internal Affairs for the purpose of check of observance by the licensee of the licensed requirements established by the law in the field of licensed authorization system and the regulatory legal acts regulating separate types of activity.

Regardless of terms earlier performed object in each case it is inspected: in case of registration of prolongation of permission to storage of objects or substances; in case of renewal of permission in connection with change of the storage location of objects or substances, change of the head addressed to whom permission, change of quantity of objects is issued, to reservoir of warehouses.

19. Initial acceptance of all warehouses, storages and rooms is made by the commissions as a part of representatives of the interested organizations for storage of the objects and substances falling under action of authorization system, militia, fire supervision, and also depending on object type - sanitary, state mining inspection, etc.

20. Results of inspection are drawn up by the act which serves one of the bases for issue of the corresponding permission (appendix 8, of 9).

21. Objects of authorization system once a year suffices, and proceeding from operational situation and is more often, shall be inspected by the employees who are carrying out licensed and allowing work together with the interested organizations.

22. In the organizations, organizations and at the companies where the firearms are stored and used, it is checked:

a) observance of the conditions ensuring safety of firearms and ammunition (suitability of the room for storage, durability of doors, walls, ceilings, floor, metal cases, reliability of locks, the organization of protection of the room, operability of the security alarm system);

b) availability of permission to storage of weapon, term of its action, compliance of the responsible person specified in permission, the actual availability of weapon specified in permission according to numbers, names, quantity, regulations;

c) observance of procedure for issue of weapon and ammunition for firing practice, competitions and write-off of the spent cartridges, timeliness of return of weapon to the permanent storage location, legality of functioning of shooting galleries, shooting ranges and hunting-sports stands, safety of citizens when carrying out firing practice, etc.;

d) availability in storage of the firearms belonging to other organizations, observance of procedure for its storage and use, availability of permission to storage in the specified storage;

e) accomplishment by administration of subject of the instructions which were earlier this by law-enforcement body on elimination of the revealed shortcomings, and also the organization of departmental control of safety of weapon.

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