of August 3, 2012 No. 335
About approval of the Instruction for proceedings about administrative offenses in law-enforcement bodies of the Republic of Kazakhstan
For the purpose of enhancement of work of law-enforcement bodies of the Republic of Kazakhstan on application of regulations of the Code of the Republic of Kazakhstan about administrative offenses, strengthenings of control of activities in this sphere I ORDER:
1. Approve the Instruction for proceedings about administrative offenses in law-enforcement bodies according to appendix.
2. To chairmen of committees, chiefs of departments and independent Regional Offices of the Ministry of Internal Affairs, departments of internal affairs of the cities of Astana, Almaty, areas to accept this Instruction to management and to provide strict execution of its requirements.
3. To acquaint staff of law-enforcement bodies of the Republic of Kazakhstan with the order,
4. To impose control of execution of this order on the deputy minister of internal affairs police major general Kulinich A. V.
5. This order becomes effective from the date of signing.
police major general
to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 3, 2012 No. 335
1. This Instruction for proceedings about administrative offenses in law-enforcement bodies (further - the Instruction) is developed according to the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (further - the Code), the Laws "About Law-enforcement Bodies of the Republic of Kazakhstan" of December 21, 1995 and "About ministerial procedures" of November 27, 2000.
2. The instruction determines features of work with the documents serving as proofs on cases on the administrative offenses, within regulations established by the Code.
For the purpose of increase in efficiency of activities of law-enforcement bodies the Instruction establishes form of protocols, uniform for all law-enforcement bodies, of administrative offenses and other documents recognized by proofs on cases on administrative offenses.
Registration of materials for administrative production using other forms of protocols on administrative offenses and other documents, with observance of the requirements established by the Code is allowed.
3. Rules and operating procedure with documents on cases on administrative offenses are obligatory for all officials of law-enforcement bodies, representatives according to the Code to perform administrative production.
4. In law-enforcement bodies responsibility for proceedings condition about administrative offenses is conferred on heads of the structural divisions performing administrative production.
5. Control of proceedings condition about administrative offenses is imposed on the first division managers of law-enforcement bodies and chiefs of the secretariats (offices).
6. In case of considerable amount of cases on administrative offenses introduction in law-enforcement bodies of positions of the employees providing generalization and the analysis of administrative activities, and in divisions of road traffic police - departments (departments, groups) of administrative practice is allowed.
7. Forms of protocols on administrative offenses, resolutions on imposing of administrative punishment, direction on survey, and also the certificates issued instead of car driver licenses (further - the temporary car driver license) are forms of the strict reporting and are subject to financial accounting in law-enforcement bodies. In case of production they shall have single numbering within one area (the city of republican value, the capital), and for the certificates issued instead of car driver licenses and the series corresponding to the first letter (letter) on the state registration plates of this region.
8. Obtaining, accounting, storage, issue and movement of the specified forms is performed according to separate magazines according to requirements imposed to forms of the strict reporting.
9. Roots from the used protocols, resolutions and the damaged forms of protocols, resolutions and temporary car driver licenses are given to person responsible for their obtaining and issue about what the corresponding log entry is made.
10. Person responsible for obtaining and issue of forms of the strict reporting, at least once a month carries out verification of presence and the correct expenditure of forms. Results of check are reported by the official report and the reconciliation statement attached to it on the division manager of law-enforcement body (road traffic police) who in case of identification of violations appoints additional check and if necessary initiates disciplinary production.
11. Entries in protocols, magazines are made by ink (paste) of blue (violet) or black color. Each separate document is filled in with ink (paste) of one color.
When filling the protocol it is necessary to fill precisely all details, stipulated in Article 635 Codes. The columns "surname, name, middle name" are filled in with printing letters. In the graph of the "time, place of violation" protocol it is necessary to specify the exact time and the place of making of violation with binding to stationary object. For example: "... 20.06.2009 in 19:42 h on even side of Ulitsa Auezova at the house No. 20.".
12. If in case of identification and fixing of violation special control and measuring technical means and devices of observation and fixing of offense were used, in the protocol are specified: the name, number, date of metrological check and the indication of the used special technical tool.
13. If for giving explanation by the violator in the protocol there is not enough place, the explanation statement on the single sheet which is attached to the protocol is allowed.
14. Materials of administrative production within a day after their creation are transferred on receipt in protocol root responsible for registration which registers them in the Register of materials about administrative offenses.
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