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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 12, 2014 No. 81

About creation of databank about the citizens of the Republic of Kazakhstan brought to trial, serving sentence abroad and approval of the Instruction for its maintaining

(The last edition from 01-08-2019)

For the purpose of implementation of article 11 of the Constitution of the Republic of Kazakhstan obliging the state to provide protection and protection the Kazakhstan citizens outside PRIKAZYVAYU country:

1. Create databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad.

2. Approve:

1) the Instruction for maintaining databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad according to appendix 1 to this order;

2) card on the person brought to trial and serving sentence abroad according to appendix 2 to this order.

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) for state registration in the Ministry of Justice of the Republic of Kazakhstan;

2) to the interested state bodies and structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan for data and use in work, to territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective from the date of its first official publication.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of August 12, 2014 No. 81

The instruction for maintaining databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad

1. General provisions

1. This Instruction determines maintaining the automated databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad (further - databank).

2. Purpose of databank consists in reliable accounting of the citizens of the Republic of Kazakhstan who committed crimes and serving sentence in the territory of foreign states.

3. Account is kept by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

4. Forming of databank is performed by Management of Committee on Astana in electronic format, by filling of card on the person brought to trial and serving sentence abroad (further - card), according to appendix 1 to this order.

5. The basis for registration is the fact of condemnation of the citizen of the Republic of Kazakhstan as a result of criminal prosecution in the territory of foreign states and provision in Committee of the copy concerning it the conviction (resolution) of court of foreign state which took legal effect.

6. If the international treaty of the Republic of Kazakhstan establishes other rules, than those which are provided by this Instruction then are applied provisions of the international treaty.

2. Procedure for replenishment of databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad

7. Replenishment of databank is performed on the basis of the supporting documents received from Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) (further - Department), the Ministries of Justice of the Republic of Kazakhstan (further - MYU of RK) the Ministries of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs of RK) and foreign institutions of the Republic of Kazakhstan (further - foreign institution):

1) copies of the conviction (resolution) of court of foreign state which took legal effect;

2) copies of the identity document of the citizen of the Republic of Kazakhstan, according to the Law of the Republic of Kazakhstan "About identity documents" (further - the Law). In case of absence at the person, documents proving the identity, listed in Item 1 of article 6 of the Law for registration (on condition of confirmation by bodies of migratory police of availability of nationality of the Republic of Kazakhstan) the passport of sample of 1974 and form 1 can be used;

3) notifications on change of sentence, release, parole or on the death of persons concerning which data were sent to Management of Committee on Nour-Sultan's city earlier.

8. Introduction of the adjusting information, based on the written address of the citizen concerning which there are data in databank is allowed. The application for introduction of adjustments is directed to Management of Committee on Nour-Sultan's city.

The biographical particulars specified in the statement shall match with data of the identity document of the applicant. Persons which changed surname, name, middle name specify birth date these and former biographical particulars.

Are enclosed to the application for introduction of adjustments: the copy of the identity document of the applicant and originals of documents or the notarized, legalized, apostilled copies confirming the fact of departure of the penalty imposed by court or removals of criminal record.

In need of return to the applicant of the original of the directed document on it it is specified in the statement.

9. The employee of Management of Committee on the city Nur-Sultan during five (5) the working days after receipt of supporting documents enters their graphical copies and enters information in card.

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