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The document ceased to be valid since March 2, 2018 according to Item 1 of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 8, 2017 No. 823

ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2011 No. 690

About approval of the Instruction on the organization by law-enforcement bodies of the Republic of Kazakhstan of fight against drug trafficking, psychotropic substances and precursors

(as amended on 19-05-2016)

For the purpose of the organization of fight against drug trafficking, psychotropic substances and precursors, ensuring complex use in these activities of forces and means of services and divisions of law-enforcement bodies of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Instruction on the organization by law-enforcement bodies of the Republic of Kazakhstan of fight against drug trafficking, psychotropic substances and precursors.

2. To chairmen of committees, chiefs of departments and independent managements, organizations of formation of the Ministry of Internal Affairs of the Republic of Kazakhstan, departments of internal affairs of the cities of Astana, Almaty, areas and on transport to organize studying by staff of the Instruction in system of office preparation and to provide execution of its requirements.

3. To committee on fight against drug trafficking and control of drug trafficking of the Ministry of Internal Affairs of the Republic of Kazakhstan (Vyborov A. N.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on Committee on fight against drug trafficking and control of drug trafficking of the Ministry of Internal Affairs of the Republic of Kazakhstan (Vyborov A. N.).

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister police lieutenant general

K. Kasymov

It is approved

Minister of Education and Science of the Republic of Kazakhstan

January 12, 2012

 

B. Zhumagulov

It is approved  

Minister of Health of the Republic of Kazakhstan

February 15, 2012

 

S. Kairbekova

It is approved 

Minister of Finance of the Republic of Kazakhstan

February 29, 2012

 

B. Zhamishev

It is approved  

Chairman of Committee of homeland security of the Republic of Kazakhstan

March 12, 2012

 

 

N. Abykayev

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 10, 2015 No. 330

Instruction on the organization by law-enforcement bodies of the Republic of Kazakhstan of fight against drug trafficking, psychotropic substances, their analogs and precursors

1. General provisions

1. This Instruction regulates activities of law-enforcement bodies of the Republic of Kazakhstan (further - the Department of Internal Affairs) on counteraction to drug trafficking, psychotropic substances, their analogs and precursors, disaggregates actions of staff of Department of Internal Affairs in this sphere.

2. Actions of staff of Department of Internal Affairs under the organization of activities for counteraction to drug trafficking, psychotropic substances, their analogs and precursors is under construction on the principles of legality, with strict observance of the rights and freedoms of citizens, unities of system of Department of Internal Affairs, publicity, interaction with law enforcement and other state bodies, officials, the organizations and citizens.

3. The following tasks are assigned to Department of Internal Affairs:

1) identification and elimination of the reasons and conditions promoting drug trafficking, psychotropic substances, their analogs and precursors;

2) identification and accounting of persons allowing not medical consumption of drugs, psychotropic substances, their analogs and precursors, acceptance of measures to them according to the legislation of the Republic of Kazakhstan;

3) conducting scheduled maintenance with the persons allowing not medical consumption of drugs, psychotropic substances, their analogs and precursors, and also making criminal offenses, related;

4) identification, suppression of criminal offenses, investigation of criminal cases in the field of drug trafficking, psychotropic substances, their analogs and precursors. Identification and suppression of the facts of legalization of the income got from drug trafficking.

4. Being guided by the legislation of the Republic of Kazakhstan and regulatory legal acts of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs), in the organization of activities for fight against drug trafficking, psychotropic substances, their analogs and precursors, within the competence all structural divisions of Department of Internal Affairs participate.

2. Functions of services and divisions of law-enforcement bodies on counteraction to drug trafficking, psychotropic substances, their analogs and precursors

5. For the purpose of the organization of activities for counteraction to drug trafficking, psychotropic substances, their analogs and precursors the staff of division on fight against drug trafficking:

1) are studied and analyze operational situation in the field of drug trafficking, psychotropic substances, their analogs and precursors, perform forecasting of tendencies of development and counteraction to their distribution, carry out comprehensive planning and provide control over the implementation of planned activities;

2) are developed and make the offers directed to increase in efficiency of activities of Department of Internal Affairs in the field of identification and suppression of drug trafficking, psychotropic substances, their analogs and precursors;

3) are established and analyze the reasons and conditions promoting illegal revenues to the territory of the Republic of Kazakhstan, production, sale and distribution of drugs, psychotropic substances, their analogs and precursors and also activities of persons involving citizens in their not medical consumption. Make in accordance with the established procedure offers on elimination of the specified reasons and conditions in the interested state bodies;

4) establish the public and secret relations with citizens for use them in operational search activities;

5) perform operational search activities for the purpose of identification, the prevention and suppression:

plunders of drugs, psychotropic substances and precursors, including persons to whom they were entrusted in connection with their official position, professional activity or under protection;

activities of the organized criminal groups and organizations making the criminal offenses connected with drugs, psychotropic substances, their analogs and precursors, supply channels and transit of the specified means and substances;

illegal manufacture, conversion, acquisition, storage, transportation or transfer of drugs, psychotropic substances, their analogs and precursors, including with sales objective;

crops or cultivation with sales objective or production of the drugs, psychotropic substances, their analogs and precursors prohibited to cultivation of the cultures containing such means or substances, or their cultivation;

inducement of persons to consumption of drugs, psychotropic substances, their analogs and precursors;

the organizations or contents of brothels for consumption of drugs, psychotropic substances, their analogs and precursors;

the facts of legalization of the income got from drug trafficking;

6) perform the subjects of health care who are engaged in production, storage and realization of the medicines containing drugs, psychotropic substances and precursors;

7) is revealed by objects of illegal production, storage and use of drugs, psychotropic substances, their analogs and precursors or raw materials for their production;

8) interact with other divisions of Department of Internal Affairs on identification and suppression of drug trafficking, psychotropic substances, their analogs and precursors;

9) together with the organizations of formation of the Ministry of Internal Affairs are studied and put into practice positive experience of operational search activities, implement scientific developments and new technical means in the field of suppression of drug trafficking, psychotropic substances, their analogs and precursors;

10) interact with the organizations of formation of the Ministry of Internal Affairs for preparation, advanced training and retraining of employees, participate in development of training programs in the field of fight against drug trafficking, psychotropic substances, their analogs and precursors;

11) interact with mass media (further - media) for the purpose of carrying out among the population of the Republic of Kazakhstan of explanatory work about malignancy of consumption of drugs, psychotropic substances, their analogs and precursors;

12) together with the staff of divisions of Department of Internal Affairs are developed and perform the special programs and complex operational and preventive transactions directed to overlapping of channels and sources in drug trafficking, psychotropic substances, their analogs and precursors;

13) perform issue of the state licenses and appendices to them to legal entities in the field of drug trafficking, psychotropic substances and precursors;

14) perform issue of permissions to legal entities to import, export and transit of drugs, psychotropic substances and precursors, and also export licenses and import of drugs, psychotropic substances and precursors;

15) are filled up and use in accordance with the established procedure the automated information systems and databanks about the facts and persons involved in drug trafficking, psychotropic substances, their analogs and precursors;

16) will organize interaction with bodies of committee of state revenues of the Ministry of Finance, bodies of homeland security, including with divisions of the border service of the Republic of Kazakhstan for the purpose of taking measures to suppression of smuggling of drugs, psychotropic substances, their analogs and precursors, in accordance with the established procedure perform mutual exchange of information about the facts of unlawful activity which are within the competence of each of the specified bodies;

17) will organize interaction with bodies and organizations of criminal executive system (further - penal correction systems) concerning fight against drug trafficking, exercise control of persons exempted from places of detention concerning which there is information on participation in drug trafficking, psychotropic substances, their analogs and precursors;

18) according to the international and interstate treaties (agreements) directly or through competent authorities cooperate with law enforcement agencies of the foreign states and the international organizations for counteraction to drug trafficking, psychotropic substances, their analogs and precursors;

19) keep departmental account of persons allowing not medical consumption of drugs, psychotropic substances, their analogs and precursors and also perform monitoring of the administrative offenses connected with drug trafficking.

Departmental accounting is created on persons who made criminal offenses (administrative offenses) in the field of drug trafficking, psychotropic substances, their analogs and precursors;

20) perform pre-judicial investigation in protocol form on criminal offenses, provided by part 1 of article 303 of the Criminal Code of Kazakhstan (further - the Criminal Code of Kazakhstan);

21) interact with competent authorities, organizations, public organizations in implementation of legal education and legal promotion in prevention of drug addiction;

22) No. 279 "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" coordinates fight against drug trafficking, psychotropic substances, their analogs, precursors and abuse of them, according to the subitem 20) of Item 3 of article 5 of the Law of the Republic of Kazakhstan of July 10, 1998.

6. During the activities of law-enforcement bodies connected with counteraction to drug trafficking, psychotropic substances, their analogs and precursors the staff of division of film logical service:

1) is performed by selection and training of dogs for search of drugs, psychotropic substances, their analogs and precursors, will organize and carry out preparation and retraining of cynologists;

2) at the initiative of divisions on fight against drug trafficking use specially trained office and search dogs for participation in conducting investigation and search operations on identification and suppression of the criminal offenses connected with drugs, psychotropic substances, their analogs and precursors;

3) participate holding the complex operational and preventive actions directed to overlapping of channels and sources in drug trafficking, psychotropic substances, their analogs and precursors;

4) take other necessary measures for effective use by operational divisions of the office and search dogs trained on search of drugs, psychotropic substances, their analogs and precursors.

7. During fight against drug trafficking, psychotropic substances, their analogs and precursors the staff of division of criminal police:

1) send to divisions on fight against drug trafficking information on illegal actions in the field of drug trafficking, psychotropic substances, their analogs and precursors;

2) carry out mutual exchange of information with divisions on fight against drug trafficking about persons making mercenary criminal offenses for the purpose of receipt of funds for acquisition of drugs, psychotropic substances, their analogs and precursors;

3) is performed by joint investigation and search operations for the purpose of exposure of leaders and members of organized criminal groups of the drug dealers including having interregional and interstate bonds;

4) within the competence take part in carrying out the special programs and complex operational and preventive transactions directed to overlapping of channels and sources in drug trafficking, psychotropic substances, their analogs and precursors.

8. When implementing the organization of activities for fight against drug trafficking, psychotropic substances, their analogs and precursors, the staff of divisions of the investigation (inquiry):

1) in accordance with the established procedure get acquainted with results of operational search activities, estimate opportunity and timeliness of their realization, determine, proceeding from collected data, possible perspectives of legal treatment of actions of the suspected persons, direct obligatory for execution of the order and specifying about production of search, investigative, secret investigative actions and assistance in production of investigative actions, carry out on criminal cases necessary legal proceedings on check of suspects on participation in committed criminal offenses;

2) provide according to the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK) complete, comprehensive and objective investigation of the criminal cases connected with drug trafficking, psychotropic substances, their analogs and precursors, during which:

take measures for identification of channels and sources of drugs, psychotropic substances, their analogs and precursors, locations of the financial resources received from making of the prohibited actions with them, to establishment of all persons involved in their illicit trafficking, involvement of guilty persons to responsibility;

having established in case of criminal proceeding of violation of legality, the reason and condition, promoting making of the criminal offenses connected with drug trafficking, psychotropic substances, their analogs and precursors bring in the relevant organizations, irrespective of patterns of ownership, or to the official of representation on elimination of the circumstances promoting crime execution and other violations of the law, control timely remedial action;

3) is sent to bodies of prosecutor's office by materials for the solution of question of initiation of proceedings on administrative offense on the facts of leaving by officials of the companies, organizations and organizations without consideration of representation on elimination of the circumstances promoting crime execution is equal to making the untimely response to this representation;

4) in case of investigation of the criminal cases connected with drug trafficking, psychotropic substances, their analogs and precursors with participation of minors reveal persons involving them in making of antisocial actions, take measures to involvement of such persons to criminal liability;

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