LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2012 No. 553-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning special state bodies of the Republic of Kazakhstan

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; The law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" 15, on November 16, 2011 and "The Kazakhstan truth" 15, on November 16 and 19, 2011; The Law of the Republic of Kazakhstan of November 29, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of organized crime, terrorist and extremist activities", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 3, 2011):

1) in Article 65 part two:

6) to state Item in the following edition:

"6) bodies of military police - on cases on all crimes committed by the military personnel undergoing military military service or to the contract in Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan; the citizens staying in inventory during passing of military charges by them; faces of civil personnel of military units, connections, organizations in connection with execution of service duties by them or in arrangement of these parts, connections and organizations.

Bodies of military police of Committee of homeland security - also on cases on all crimes committed by the staff of special state bodies;";

add with Item 9-1) of the following content:

"9-1) Security service of the President of the Republic of Kazakhstan - on cases on the crimes committed in zone of holding security actions and directly directed against protected persons whose list is established by the Law;";

2) in Article 285:

state part one in the following edition:

"1. On cases on the crimes specified in parts two, the third, fifth, 5-1, the seventh, 7-1, the eighth, 8-1, 8-2, of 8-3, 8-4, and ninth these Articles, production of pretrial investigation is not obligatory and materials of inquiry are the basis for consideration of the case in court.";

the second to add part with the paragraph the second the following content:

"On cases on the crimes provided by Articles 142 (part one), 145 (parts one and the second), 175 (part one), 187 (part one), 230 (part one), 251 (parts one and the fourth), 257 (part one), 288 (part one), 296, 298 (parts one and the second), 299 (part one), 300 (part one), 302 (part one), 333 (part two) of the Criminal Code of Kazakhstan, the Security service of the President of the Republic of Kazakhstan can make inquiry if they are made in zone of holding security actions and are directly directed against protected persons whose list is established by the Law.";

add with part of 5-1 following content:

"5-1. Inquiry is made by bodies of military police of Committee of homeland security on cases on the crimes provided by part five of this Article and also on all other crimes committed by the staff of special state bodies on which production of pretrial investigation is not obligatory.";

regarding 8-1 figure", 325" to exclude;

add with part 8-4 following of content:

"8-4. Inquiry on cases on crimes, stipulated in Article 325 Criminal Codes of Kazakhstan, is made by the law-enforcement body which brought criminal case, financial police or Security service of the President of the Republic of Kazakhstan if they are made in zone of holding security actions and are directly directed against protected persons whose list is established by the Law.";

Part one of Article 288 to state 3) in the following edition:

"1. On cases on the crimes provided by parts two, the third, fifth, seventh, 7-1, eighth, 8-3, 8-4 and ninth articles 285 of this Code if person suspected of their making is not known or if they are made by minors or persons who owing to the physical or mental defects cannot perform the right of defense, production of pretrial investigation is obligatory.".

2. In the Penitentiary code of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 24, Art. 337; 2000, No. 6, Art. 141; No. 8, Art. 189; No. 18, Art. 339; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; No. 24, Art. 338; 2002, No. 23-24, of Art. 192; 2004, No. 5, Art. 22; No. 23, Art. 139,142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; No. 20, Art. 152; 2008, No. 23, Art. 114; 2009, No. 15-16, of Art. 73; No. 24, Art. 128, 130; 2010, No. 7, Art. 28; 2011, No. 2, Art. 19; The law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" 15, on November 16 and 19, 2011; The Law of the Republic of Kazakhstan of November 29, 2011 "About introduction

changes and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of organized crime, terrorist and extremist activities", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 3, 2011):

in Article 14:

state Item fifth in the following edition:

"5. Punishments in the form of capital punishment are performed by organizations of criminal executive system.";

add with Item 5-1 of the following content:

"5-1. Custodial sanction is performed by correctional facilities of criminal executive system, and also pre-trial detention centers concerning the convicts left or who are transported under guard for performance of works on economic servicing.".

3. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19,;;; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85,86; No. 15, Art. 92,95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48,51; No. 13-14, of the Art. 54,57,58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70,72,73,74,75,76; No. 17, Art. 79,80,82; No. 18, Art. 84,86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. of 121,122,125,129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on August 6, 2011; The law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" 15, on November 16 and 19, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

1) in table of contents:

in heading of Article 355 of the word of "border service" shall be replaced with words "The border service of Committee of homeland security of the Republic of Kazakhstan";

to state heading of Article 575 in the following edition:

"Article 575. Border service of Committee of homeland security of the Republic of Kazakhstan";

Article 35 part one after the words "staff of financial police" to add 2) with words ", special state bodies";

Shall be replaced with words 3) in Article 355 of the word of "border service" "The border service of Committee of homeland security of the Republic of Kazakhstan";

4) in Article 575:

and paragraph one of part two to state heading, part one in the following edition:

"Article 575. Border service of Committee of homeland security of the Republic of Kazakhstan

1. The border service of Committee of homeland security of the Republic of Kazakhstan considers cases on the administrative offenses provided by Articles 298 (part one), 306 (part one), 389, 390 (part one), 391 (part one), 391-1 (part one), 392, 394 (part one) of this Code.

2. Consider cases on administrative offenses and impose administrative punishments on behalf of the Border service of Committee of homeland security has the right:";

in the paragraph the second shall be replaced with words parts two of the word of "border service" "The border service of Committee of homeland security of the Republic of Kazakhstan";

The subitem 4) to state 5) to part one of Article 619 in the following edition:

"4) violations of the mode of Frontier of the Republic of Kazakhstan, the boundary and customs modes, the mode at check points through Frontier of the Republic of Kazakhstan and customs border of custom union, malicious disobedience to the legal order or the requirement of the serviceman of the Border service of Committee of homeland security of the Republic of Kazakhstan, military personnel of other troops, military forming, the employee of law-enforcement bodies (police) - the serviceman, the employee of law-enforcement bodies (police) or other physical person, the acting as on protection of Frontier of the Republic of Kazakhstan, in division, military unit, the Border service of Committee of homeland security of the Republic of Kazakhstan, in law-enforcement body (police), body of local authority;";

6) in Article 620:

subitems 3) to state 4) and 10) in the following edition:

"3) the Border service of Committee of homeland security of the Republic of Kazakhstan - when making violations of the mode of Frontier, boundary regime, mode at check points through Frontier of the Republic of Kazakhstan, illegal transportation through Frontier of the Republic of Kazakhstan, illegal transfer of mineral and live resources of the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan, disobedience to the legal order or the requirement of the serviceman in connection with execution of obligations by it on protection of Frontier of the Republic of Kazakhstan;

4) the senior in the location of the protected object the serviceman, the employee of law-enforcement bodies, special state bodies, the official of the militarized protection - when making the offenses connected with infringement of the protected objects, other alien property;";

"10) officials of bodies of the state mountain supervision, the Border service of Committee of homeland security of the Republic of Kazakhstan, authorized body on geology and use of subsoil, bodies for environmental protection and natural resources, republican body for fishery - when making administrative offenses on the continental shelf, territorial waters (sea) and internal waters connected with violation of the conditions of the license regulating the permitted activities on the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan, abuse of regulations of carrying out resource or sea scientific research, abuse of regulations of waste disposal and other materials, failure to carry out of legal requirements of officials of bodies of protection of the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan about stop of the vessel or hindrance to its implementation;";

7) in the subitem 1) Article 636 parts one:

in paragraph five of the word "461 (part three)" shall be replaced with words "461 (part 3-1)";

add with the paragraph the sixth the following content:

"military road traffic police of Committee of homeland security of the Republic of Kazakhstan (about the offenses provided by Articles 461 (part 3-1), 463-3 (part five), 464-1 (parts one and the second), 465 (part two), 466 (part two), the 467, 468-2, 469, 477 (part three) of this Code made by persons managing vehicles of special state bodies);";

in the paragraph the thirty fifth "461 (part three)" shall be replaced with words words "461 (part 3-1)";

to state the paragraph of the forty eighth in the following edition:

"Border service of Committee of homeland security of the Republic of Kazakhstan (Article 298 (part two and third), 298-1 (part two), 303 (part two), 304 (part two), 305 (part two), 306 (part two), 355, 388, 390 (part two), 391 (part two), 391-1 (parts two and third), 393, 394 (parts two, the third and fourth);";

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