ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 20, 2012 No. 132

Questions of Public service on control of drugs under the Government of the Kyrgyz Republic

According to the Presidential decree of the Kyrgyz Republic "About questions of transfer of separate state bodies to maintaining the Government of the Kyrgyz Republic" of January 21, 2011 No. 15 and the order of the Government of the Kyrgyz Republic "About state bodies under the Government of the Kyrgyz Republic and other organizations under the authority of the Government of the Kyrgyz Republic" of January 12, 2012 No. 12, and also for the purpose of increase in efficiency of fight against drug trafficking, the Government of the Kyrgyz Republic decides liquidations of chains of drug supply:

1. Approve:

- Regulations on Public service on control of drugs under the Government of the Kyrgyz Republic according to appendix 1;

- Regulations on service in Public service on control of drugs under the Government of the Kyrgyz Republic according to appendix 2;

- The disciplinary charter of Public service on control of drugs under the Government of the Kyrgyz Republic according to appendix 3;

- the scheme of management of Public service on control of drugs under the Government of the Kyrgyz Republic according to appendix 4;

- Regulations on education and use of Fund of development and financial incentive of Public service on control of drugs under the Government of the Kyrgyz Republic according to appendix 5.

2. Determine that:

- Public service on control of drugs under the Government of the Kyrgyz Republic is legal successor of Public service of the Kyrgyz Republic on control of drugs;

- On April 8 is annually celebrated professional holiday - Day of the employee of body of the Kyrgyz Republic for control of drugs.

3. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About establishment of Day of the employee of body of the Kyrgyz Republic for control of drugs" of November 16, 2006 No. 801;

4. To public service on control of drugs under the Government of the Kyrgyz Republic in two-month time:

- submit the projects of regulatory legal acts following from this resolution for consideration of the Government of the Kyrgyz Republic;

- bring the decisions into accord with this resolution.

5. To impose control of execution of this resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

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

Appendix 1

Regulations on Public service on control of drugs under the Government of the Kyrgyz Republic

1. General provisions

1. Public service on control of drugs under the Government of the Kyrgyz Republic (further - Service) is the state body which is directly subordinated to the Government of the Kyrgyz Republic, having the status of specialized law enforcement agency.

2. The service in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions and orders of the Government of the Kyrgyz Republic which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic, and also this Provision.

3. The service and its divisions constitute single system of monitoring body of drugs.

4. The service in the activities is accountable to the Government of the Kyrgyz Republic. The number of staff and the scheme of management of Service affirm the Government of the Kyrgyz Republic.

5. The service has the banner, emblem and form approved by the Government of the Kyrgyz Republic on representation of Service.

6. The service is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and the name in the state and official languages, seals, stamps and forms, and also accounts, including currency, and other accounts in banks according to the legislation of the Kyrgyz Republic.

7. The service owns, uses, disposes of state-owned property on the right of operational management.

2. Tasks of Service

8. Tasks of Service are:

- development and realization of state policy in the field of drug trafficking, psychotropic substances and precursors, and also counteraction to their illicit trafficking;

- the prevention, identification, suppression, disclosure and investigation of the crimes carried by the legislation of the Kyrgyz Republic to competence of Service;

- coordination of activities of executive bodies and local self-government on the questions concerning drug trafficking, psychotropic substances and precursors, implementation of measures for counteraction to their illicit trafficking;

- providing within the competence of control of legal drug trafficking, psychotropic substances and precursors.

3. Functions of Service

9. The service performs the following functions:

- prepares and makes to the Government of the Kyrgyz Republic offers on strategy development and realization of state policy in the field of legal drug trafficking, psychotropic substances and precursors, and also on counteraction to their illicit trafficking;

- informs in accordance with the established procedure the Government of the Kyrgyz Republic, President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic and other public authorities on the questions carried to competence of Service;

- performs according to the legislation of the Kyrgyz Republic operational search and operational and search activities, including within counteraction and fight against organized crime;

- holds inquiry and the investigation of the criminal cases referred by the legislation of the Kyrgyz Republic to competence of Service;

- performs within the competence, according to the legislation of the Kyrgyz Republic production on cases on administrative offenses;

- participates in project development of international treaties of the Kyrgyz Republic concerning counteraction to drug trafficking, psychotropic substances and precursors;

- realizes the international projects concerning counteraction to drug trafficking, psychotropic substances and precursors;

- signs in accordance with the established procedure interdepartmental international contracts in the field of control of drugs, psychotropic substances and precursors, and counteraction to their illicit trafficking;

- represents in accordance with the established procedure the interests of the Kyrgyz Republic in the international organizations for counteraction to drug trafficking, psychotropic substances and precursors;

- performs according to the international treaties of the Kyrgyz Republic which came in the procedure established by the law into force which participant is the Kyrgyz Republic, interaction and information exchange with the international organizations and competent authorities of foreign states concerning counteraction to drug trafficking, psychotropic substances and precursors;

- provides internal control and own safety of bodies and the staff of Service;

- provides protection of the workers, persons rendering them assistance, participants of criminal trial on the cases referred to competence of Service and their relatives on whose life and health criminal encroachments are possible;

- will organize and carries out the cryptographic work in bodies of Service;

- acquires and uses special technical means in the procedure established by the legislation of the Kyrgyz Republic;

- carries out criminalistic and other expertizes and researches;

- uses drugs, psychotropic substances and precursors in expert and other legal activities;

- creates and uses information systems and databases, establishes single requirements to the organization of clerical work in system of the bodies, will organize storage and use of operational, investigative, archival and other materials;

- develops and directs to approval to the Government of the Kyrgyz Republic National lists (list) of drugs, psychotropic substances and precursors;

- will organize with participation of the interested ministries and departments of the Kyrgyz Republic development of criteria and determination of the sizes of drugs, psychotropic substances and narkotikosoderzhashchy plants which illicit trafficking attracts administrative or criminal liability, and directs them to approval to the Government of the Kyrgyz Republic;

- will organize preventive activities for the prevention of illegal consumption of drugs and psychotropic substances, and also illicit trafficking in such means, substances and precursors;

- will organize and conducts scientific research concerning ensuring control of legal drug trafficking, psychotropic substances and precursors, counteractions to spread of drug addiction and to drug trafficking;

- will organize development and implementation of target programs in the sphere of prevention of abuse of drugs and psychotropic substances, control of legal drug trafficking, psychotropic substances and precursors, and also counteraction to their illicit trafficking;

- participates in generalization of practice of application of the legislation of the Kyrgyz Republic on drugs, psychotropic substances and precursors, and also in preparation of projects of regulatory legal acts of the Kyrgyz Republic on the questions carried to competence of Service;

- exercises within the competence control of legal drug trafficking, psychotropic substances and precursors;

- approves with the interested ministries and departments of the Kyrgyz Republic procedure for leave of drugs and psychotropic substances to physical persons;

- approves with the interested ministries and departments of the Kyrgyz Republic of need for drugs, psychotropic substances and represents on them data to the Government of the Kyrgyz Republic and the International committee on control over drugs of the UN for receipt of the corresponding quotas for drugs and psychotropic substances;

- performs monitoring of legal drug trafficking, psychotropic substances and precursors, reports to the International committee on control over drugs of the UN on their movement;

- performs storage, transportation and destruction of the confiscated or withdrawn by bodies of Service from drug trafficking, psychotropic substances and precursors;

- controls observance of procedure for destruction of drugs, psychotropic substances and precursors by other law enforcement agencies, according to the Regulations on write-off and destruction of drugs, psychotropic substances and special recipes approved by the Government of the Kyrgyz Republic;

- keeps the State register of subjects of legal drug trafficking, psychotropic substances and precursors, creates and conducts single databank on the questions concerning drug trafficking, psychotropic substances and precursors and also counteractions to their illicit trafficking;

- performs reception of citizens, considers their offers, applications and claims on the questions carried to competence of Service;

- interacts in accordance with the established procedure with mass media, and also performs own publishing activities;

- performs in accordance with the established procedure measures for observance of rules of traffic in weapons and ammunition in system of bodies of Service according to the Rules of turnover of office and civil weapon and ammunition to it in the Kyrgyz Republic approved by the Government of the Kyrgyz Republic;

- performs measures for ensuring protection of the data which are state and other secret protected by the law, including measures connected with the admission of the employees, employees and workers to the specified data and also with reception of citizens on service in bodies of Service;

- will organize matching, arrangement and education of personnel, and also preparation, retraining and increase in their qualification;

- will organize and provides mobilization preparation and mobilization readiness of Service;

- performs material and financial provision of activities of Service;

- takes measures for improvement of housing conditions of employees, employees and employees of Service and members of their families;

- performs provision of pensions of persons, dismissed from service in bodies of Service, and also members of their families;

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