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The document ceased to be valid since  March 6, 2018 according to Item 1 of the Order of the Government of the Kyrgyz Republic of  January 22, 2018 No. 49

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 10, 2014 No. 12

About approval of the State program of safety of witnesses, victims and other participants of criminal trial for 2014 - 2016

For the purpose of ensuring the state protection of safety of witnesses, victims and other participants of criminal trial, being guided by article 29 of the Law of the Kyrgyz Republic "About protection of the rights of witnesses, victims and other participants of criminal trial", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed State program of safety of witnesses, victims and other participants of criminal trial for 2014 - 2016 (further - the State program).

2. To the Ministry of Internal Affairs of the Kyrgyz Republic, the State committee of homeland security of the Kyrgyz Republic, Public service on control of drugs under the Government of the Kyrgyz Republic, Public service on fight against economic crimes under the Government of the Kyrgyz Republic (financial police), the State Customs Service under the Government of the Kyrgyz Republic, Public service of execution of punishments under the Government of the Kyrgyz Republic, to the Ministry of social development of the Kyrgyz Republic in coordination with the Ministry of Finance of the Kyrgyz Republic and the Ministry of Economics of the Kyrgyz Republic annually, when forming the government budget for the next financial year to provide necessary means for implementation of actions, provided by the State program.

3. To assign coordination of the works on implementation of actions provided by the State program to the Ministry of Internal Affairs of the Kyrgyz Republic.

4. To the state bodies involved in implementation of the State program, once a half-year to submit reports on results of realization of program actions and efficiency of use of budgetary appropriations in the Ministry of Internal Affairs of the Kyrgyz Republic.

5. To provide to the Ministry of Internal Affairs of the Kyrgyz Republic following the results of every year in Government office of the Kyrgyz Republic the summarized information on course of execution of the actions provided by the State program.

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

Prime Minister

Zh. Satybaldiyev

Approved by the Order of the Government of the Kyrgyz Republic of January 10, 2014 No. 12

The state program of safety of witnesses, victims and other participants of criminal trial for 2014 - 2016

Introduction

Formation of the Kyrgyz Republic as constitutional state demanded creation and development of system of the national legal system. Among the rights of the citizens guaranteed by the state affirmed by the Constitution of the Kyrgyz Republic, now essential value is acquired by the protection of participants of criminal procedure which is referred to as within the criminal procedure doctrine with the state protection. Protection in criminal procedure is the activities of the state providing unconditional security guarantee, justice and legality in society. One of the major factors influencing reliability of indications is the state guarantee of the integrity of human beings involved in the public relations of criminal trial.

The international practice of fight against crime shows that the states in which the legal base of witness protection from rendering pressure from members of organized criminal forming is created, for the purpose of counteraction to investigation of criminal cases try to obtain the greatest achievements in this direction.

1. Assessment of the current situation

The Code of penal procedure of the Kyrgyz Republic accepted in 1999 disaggregates questions of protection of persons helping justice: in it the status of the victim is substantially expanded, the level of providing the rights of the personality in criminal trial is increased, but, unfortunately, it did not resolve all existing problems concerning protection of participants of criminal trial.

With adoption of law of the Kyrgyz Republic "About protection of the rights of witnesses, victims and other participants of criminal trial", become effective since June 30, 2006, were for the first time fixed: concept of the state protection, measure of the state protection and the basis of their application, and also circle of the bodies providing realization of the state protection of participants of criminal trial. However, many problems remained unresolved. There is unresolved in due measure question of safety of the victims, witnesses and other participants of criminal trial. Development of integrated approach, new to the domestic legislation, to the organization of effective system of protection of participants of criminal trial in case of which citizens will obtain the state guarantee on ensuring their safety is necessary. This state guarantee is necessary condition for implementation of criminal justice at the present stage as the available traditional criminal and legal and criminal procedure security guarantees of persons helping justice are obviously insufficient.

With respect thereto it is necessary to state that questions of safety of participants of criminal trial are developed insufficiently, and law enforcement agencies are in great need in accurate legislative reference points on practical implementation of measures for witness protection, the victims and other persons helping justice.

Thus, the problem of safety of participants of criminal trial is, more than ever, urgent today, both in aspect theoretical, and in the plan practical.

Therefore all provisions enshrined in the Code of penal procedure of the Kyrgyz Republic and the Law of the Kyrgyz Republic "About protection of the rights of witnesses, victims and other participants of criminal trial" on safety of participants of process, require development of the instructions describing procedure and the sequence of actions of law enforcement officials for achievement of result of the solution of the established tasks, enhancement of these regulations and determination of new approaches to the solution of the existing problems.

These instructions are also urgent also in the conditions of uncompromising counteraction to the crimes committed by members of organized criminal group or community (further - organized criminal group) in the territory of the Kyrgyz Republic where organized crime acquires signs of threat of homeland security. Production efficiency on criminal cases considerably depends on creation of single system of guarantees of safety of persons helping justice, protection of their life, health and property against encroachments of interested persons.

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