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The document ceased to be valid since  January 1, 2015 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 7, 2014 No. 80

About approval of the Instruction for conducting single card accounting, including in electronic format of statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation, and public prosecutor's supervision of them

For the purpose of reduction in compliance with the legislation of the Republic of Kazakhstan, and also further enhancement of conducting single card accounting of statements, including in electronic format of statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation, and public prosecutor's supervision on them, according to the Law of the Republic of Kazakhstan on December 22, 2003 "About the state legal statistics and special accounting", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan on December 21, 1995 "About Prosecutor's office", I ORDER:

1. Approve the enclosed Instruction for conducting single card accounting, including in electronic format of statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation, and public prosecutor's supervision of them according to appendix 1 to this order.

2. Recognize invalid some orders of the Attorney-General of the Republic of Kazakhstan, 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 subjects of legal statistics and special accounting for data and use in work interested to structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, 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 7, 2014 No. 80

The instruction for conducting single card accounting, including in electronic format of statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation, and public prosecutor's supervision of them

1. General provisions

1. This Instruction for conducting single card accounting, including in electronic format, statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation, and public prosecutor's supervision of them (further - the Instruction) determines procedure for conducting single card accounting, including in electronic format of statements, messages, claims and other information on crimes, incidents, their subjects, criminal cases, materials on which decrees on refusal in initiation of legal proceedings, productions of investigation and public prosecutor's supervision of them are issued.

2. Account is kept by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and its territorial authorities (further - authorized body) by means of information accounting documents (further - cards) in the Single unified statistical system of Committee (further - EUSS).

3. The state bodies performing criminal prosecution, prosecutors and courts treat subjects of legal statistics and special accounting (further - the subject) according to this Instruction.

2. Forms of cards

4. Forming of criminal and legal statistics is performed based on the following forms of cards:

1) the ZS-1 form "Accounting card of the statement, the message and other information on crime, incident" (further - card of the ZS-1) form according to appendix 1 to this Instruction;

2) the ZS-2 form "The accounting card of the decision according to the registered statement, the message of other information on crime, incident" (further - card of the ZS-2) form according to appendix 2 to this Instruction;

3) form 1.0 "The accounting card of crime" (further - form 1.0) card according to appendix 3 to this Instruction;

4) form 1.1 "Card about the course and results of the investigation and inquiry" (further - form 1.1) card according to appendix 4 to this Instruction;

5) form 2.0 "Card on person who committed crime" (further - form 2.0) card according to appendix 5 to this Instruction;

6) form 2.1 "Card on the person suspected, accused, detained or arrested" (further - form 2.1) card according to appendix 6 to this Instruction;

7) form 2.2 ""Card on consideration by court of petitions for election of measure of restraint arrest, house arrest, prolongation of term, cancellation, change of arrest, house arrest, and refusal in giving arrest, house arrest, about appeal and protest of sanctions of court" (further - form 2.2) card according to appendix 7 to this Instruction;

8) form 3.0 "Card about the decision of the prosecutor on criminal case" (further - form 3.0) card according to appendix 8 to this Instruction;

9) form 3.1 "Card about work of the prosecutor on supervision of legality of pre-judicial stage of criminal procedure" (further - form 3.1) card according to appendix 9 to this Instruction;

10) form 1-H "The accounting card of the withdrawn and destroyed drugs, psychotropic and toxic agents, precursors and the areas of growth of the plants containing narcotic substances" (further - form 1-H card) according to appendix 10 to this Instruction.

3. General rules of registration of cards

5. Exposure of cards is made by subjects in electronic or in paper formats.

In case of adoption of the proceeding decision by subjects, the corresponding cards are entered into EUSS (forms 1.0, 1. 1, 2. 0, 2. 1, 2. 2, 3.0 and 3.1) which authenticity is certified by imposing of the digital signature (further - the EDS), with the simultaneous notification of the prosecutor exercising supervision of legality of the simplified pre-judicial production, inquiry and the investigation within the competence according to requirements of the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (further - the Code of Criminal Procedure).

The prosecutor authorized on signing of cards in case of receipt of criminal case or the notification on the made proceeding decision according to requirements of the Code of Criminal Procedure, having checked completeness and reliability of filling of details of card, makes its signing in day of receipt by imposing of the EDS.

The right of signing of cards according to the decisions made by prosecutors allocates chiefs of Departments of the Prosecutor General's Office, prosecutors of areas, areas and equated to them, and also their deputies, all other IUD - the supervising prosecutors (assistants, senior assistants of prosecutors of all levels, prosecutors, the senior prosecutors of departments and managements of prosecutor's offices, chiefs of departments and managements of prosecutor's offices and their deputies).

6. Details of cards are specified in strict accordance with materials according to the statement, the message on crime, criminal case.

7. Details of cards on biographical particulars about persons (surname, name, middle name, year of birth) are filled based on identity documents.

8. In authorized body persons them signed, including the EDS are responsible for completeness and reliability of cards, and also timeliness of their provision.

Accounting of the cases of private prosecution considered by courts is performed on the basis of the electronic information accounting documents (further - EIUD) on criminal cases transferred to XML format by means of "The single automated information and analytical system of judicial authorities of the Republic of Kazakhstan" (further - EAIAS FROM RK) 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) in EUSS.

By transfer by vessels EIUD for private prosecution in electronic format the investment of the electronic copy of the sentence (resolution) of court which took legal effect is made. Cases of private prosecution are considered on the sentences which took legal effect.

9. The cards provided by subjects, except the cards provided in electronic format are registered in office of authorized body and within a day are subject to input in EUSS.

Timeliness of input of such cards in EUSS is provided by the chief of the relevant authorized body.

In case of impossibility of input of cards in electronic format, in the terms established by this Instruction for technical reasons exposure of cards on papers is provided.

10. Paper cards are provided in authorized body within a day from the moment of registration of a statement or adoption of the proceeding decision, and also are entered in electronic format into EUSS in the specified time.

If the termination of term is necessary on non-working (output, festive) day, then is considered the first, following it, working day last afternoon of term.

11. Cards on paper, it is inadequate the drawn-up, and also having erasures, corrections and other adjustments are not accepted. Such cards in day of receipt are subject to return by the cover letter in criminal prosecution authority with the notification of the supervising prosecutor. Repeatedly cards shall be exposed within a day from the moment of receipt in criminal prosecution authority.

The supervising prosecutor has no right to refuse signing of electronic card on the basis of incorrect filling of details of card in case of possibility of their adjustment by the prosecutor.

Note: prosecutors perform adjustment of details of cards, except card details 26-30 of form 1.1.

The card entered by subjects into EUSS is considered only after imposing of the EDS by the prosecutor.

The prosecutor, making the proceeding decision on criminal case, without delay enters the corresponding card into EUSS, certifies its authenticity by imposing of the EDS.

By the prosecutor in signing of electronic cards in automated workplace of EUSS it can be refused the following cases:

1) not receipts of criminal case within a day from the date of receipt of card, without days off and holidays;

2) if the card arrived not on podnadzornost for technical reasons;

3) if the card is exposed repeatedly (mistakenly).

12. Adjustments are performed based on petitions of prosecutors, and also the subjects approved with the supervising prosecutor and also according to the official report of the authorized prosecutor of the authorized body approved with the chief.

Cards of the ZS-1 form are adjusted by subjects independently, based on official reports of the officials approved with the chief of criminal prosecution authority, or replacement his face.

In case of specifying in the petition over 10 indicators which are subject to adjustment the supervising prosecutors inform on it the prosecutor of the region and equated to it which in daily time agrees to adjustment or withdraws the petition of the subordinate prosecutor.

The territorial authorized body makes changes to daily time, during the preaccounting period - in day of receipt, and in case of refusal in the same terms informs on it the initiator of adjustment with indication of causes of failure.

13. Accounting of military crimes, their subjects, criminal cases, activities of military investigation authorities, inquiry, prosecutor's office and court, and persons condemned for military crimes is made by Military unit of authorized body.

The crimes committed by the military personnel, persons undergoing military service or to the contract in Armed Forces of the Republic of Kazakhstan, other troops and military forming, the citizens staying in inventory are also subject to accounting in Military unit of authorized body during passing of military charges by them, faces of civil personnel of military units, connections, organizations in connection with execution of service duties by them or in arrangement of these parts, connections, organizations and persons equated to them.

14. Cards about the crimes provided by part 1 of Article 330 and part 1 of article 331 of the Criminal Code of Kazakhstan of July 16, 1997 (further - the Criminal Code of Kazakhstan), and also other articles of the Criminal Code of RK which are not falling under the requirements of Item 16 of this Instruction initiated by bodies of the Border service of Committee of homeland security of the Republic of Kazakhstan (further - PS KNB RK), are exposed in authorized body in the place of crime execution.

Criminal cases and materials on which it is refused initiation of legal proceedings on such crimes are registered according to the coding selected for bodies of PS KNB RK.

15. Cards about crimes, cases on which are in production of central offices of criminal prosecution authorities, are exposed in territorial authorized body in the place of crime execution.

16. The criminal cases which arrived on competence from other criminal prosecution authorities of this area, city the areas and also connected or which arrived for production of additional investigation are not subject to repeated registration.

17. The cases which arrived from criminal prosecution authorities of other states, including the Commonwealth of Independent States (further - the CIS) are subject to registration as again registered with assignment to it new number.

The List of the individual clauses Criminal Code of Kazakhstan carried to lines of works is given in appendix 11 to this Instruction.

4. Features of exposure of card of the ZS-1 form

18. The paper card of the ZS-1 form is exposed by subjects after registration in the Book of accounting of statements, messages and other information on crimes, incidents (further - KUZI), in form according to appendix 1 to the Instruction of acceptance, registration, accounting, including in electronic format, and consideration of the applications, messages, claims and other information on crimes, incidents approved by the order of the Attorney-General of the Republic of Kazakhstan of September 12, 2011 No. 83 (No. 7293) is registered in the Ministry of Justice of the Republic of Kazakhstan on November 11, 2011, in case of electronic registration - directly after reception of an application, the message and other information, with automatic assignment of registration number KUZI.

19. In case of registration in KUZI of repeated messages on the same crime (fact), on each repeated registered message in KUZI the mark about attaching to the initial statement or transfer on competence in case of transfer of the initial statement in subject of other area (equated to them) becomes the ZS-1 form card is exposed. On each repeated statement the card of the ZS-2 form of familiarizing or transfer on competence is exposed.

20. The statement (material) transferred on competence, on receipt in subject of other area (equated to them), is registered in KUZI and the ZS-1 form card with obligatory mark of the detail 5 "code 5" of the specified card is exposed (it is accepted on competence and cognizance from other bodies). Before exposure of the ZS-1 card about acceptance on competences, material is registered in the body which transferred the statement.

Return of the statement (material) without registration in body sender is not allowed.

In case of return of the statement (material) to the body which earlier directed it on competence to KUZI on initial registration the mark about return becomes. At the same time the statement is not subject to repeated registration, but the card of the ZS-2, form with obligatory mark of details 9.1 code 1 is exposed (it is repeatedly accepted to production after return of the material directed on competence). Before exposure of the ZS-2 card about acceptance to production, material is registered in the body which transferred the statement.

21. Preliminary qualification in card of the ZS-1 form is obligatory for filling according to messages on the crime which was registered by KUZI on which adoption of proceeding decisions according to the procedure of article 185 Code of Criminal Procedure RK is necessary. In case of initiation of legal proceedings on the facts of missing persons according to the procedure of article 177 Code of Criminal Procedure zero qualification "000" is noted.

22. In case of detection of the statement for crime covered from accounting registration and exposure of card of the ZS-1 form with mark of details 10 and 10.1 is made in that body which revealed it.

23. The information about the applicant and the victim is obligatory for filling.

24. The card of the ZS-1 form is filled and signed by the official of body who entered information in KUZI with indication of surname, name, middle name, position, date and exposed on each registered statement, message on crime, incident.

5. Features of exposure of card of the ZS-2 form

25. The card of the ZS-2 form is the information accounting document of materials on which the decision according to the procedure of Items 1), 2), 3) and 4) of part 1 of article 185 Code of Criminal Procedure RK, is made on attaching to earlier registered statement (material) in KUZI, and also in case of prolongation of term of consideration of the application (material).

26. In the presence of connection to EUSS of authorized body in case of decision making, stipulated in Article 184, Items 1), 2) of part 1 of article 185 Code of Criminal Procedure RK, in card of the ZS-2 form make file investment with electronic version of the procedural document (the resolution on prolongation, on refusal in initiation of legal proceedings and initiation of legal proceedings) in the Word format, or in the scanned type.

Accomplishment of this requirement is provided in the presence of sufficient material logistics of criminal prosecution authorities.

27. Input of cards of the ZS-2 form in EUSS in case of decision making about write-off of materials of check in nomenclature case on not proved to be true messages on the committed crimes is provided with subjects.

In case of decision making about write-off in nomenclature case "The materials which are written off in the job specification according to not proved to be true messages on the committed crimes" in detail 4 cards of the ZS-2 form are made the mark "the fact was not confirmed (1)" and the detail 5 is filled.

28. In case of the direction of the statement (material) on competence in subject of other area (equated to them), the ZS-2 form card with indication of the name of body where the application (material) is directed is exposed.

29. In case of return of the statement (material) to the body which earlier directed it on competence the card of the ZS-2 form of transfer on competence is exposed.

30. In case of exposure of the ZS-2 form by the prosecutor of card with the decision on cancellation of the resolution on refusal in excitement, with initiation of legal proceedings, the ZS-2 form card with the decision on initiation of legal proceedings by criminal prosecution authority is not exposed.

In case of cancellation by court of the resolution on refusal in initiation of legal proceedings with the direction on additional check, the card of the ZS-2 form of this decision is repeatedly exposed. The card of the ZS-2 form is exposed by the prosecutor according to the introduction of the judgment in legal force.

In case of adoption of the repeated decision according to the statement (material) according to which decision was cancelled earlier by court the ZS-2 form card with indication of the made decision is exposed.

31. In case of decision about cancellation of the resolution on refusal in initiation of legal proceedings by court, the card of the ZS-2 form is exposed by the prosecutor according to the introduction of the judgment in legal force.

32. In case of exposure of card of the ZS-2 form to prolongation on materials KUZI about unknown disappearance of person or detection of unknown corpse the detail 9.2 is subject to obligatory filling.

33. The card of the ZS-2 form is filled and signed by the official who made the decision.

6. Features of exposure of card of form 1.0

34. The card of form 1.0 is exposed by the official of the subject on the crime established in the accounting period irrespective of time of its making, in case of adoption of the following decisions:

1) about initiation of legal proceedings;

2) about refusal in initiation of legal proceedings on not rehabilitating bases;

3) about cancellation by the prosecutor of the resolution on refusal in initiation of legal proceedings and initiation of legal proceedings;

4) in case of allocation of criminal case in separate production;

5) in case of receipt of criminal case from other states, including from the CIS on competence or territoriality with registration;

6) in case of initiation of legal proceedings by the subject according to the procedure of Item 3 of part 1 of article 394 Code of Criminal Procedure RK.

35. In the presence of connection to EUSS of authorized body, in case of decision making, stipulated in Item the 34th this Instruction, in card of form 1.0 the file investment with electronic version of the procedural document in the Word format, or in the scanned type is made.

Accomplishment of this requirement is provided in the presence of sufficient material logistics of criminal prosecution authorities.

36. On the subjects performing input of cards in electronic form in EUSS, assignment of numbers of criminal cases in the automated mode it is made by input of card of form 1.0.

37. The card detail 6 of form 1.0 "Type of the statistical recording", is put down the code "consider (1)". The code "remove (2)" is put down in the following cases: in case of justification court on this episode of all persons; the termination of this episode by court on the rehabilitating bases; exception court of this episode from accusation of all persons who are connected to the case in case of cancellation of the resolution on refusal in initiation of legal proceedings on not rehabilitating bases with initiation of legal proceedings.

38. Based on these information resources of judicial authorities with the specified decisions, in EUSS on this episode and in case of unreasonable (wrong) initiation of repeated case on the same fact, initiation of legal proceedings on the lasting and continued crimes the code is put down to remove (2), in all other cases "The type of the statistical recording" shall be - "consider (1)".

39. In case of allocation of criminal case in separate production concerning person, the form 1.0 card with assignment of new number, at the same time is exposed as the new crime it is not considered.

During the retraining and change of details of criminal case, number of criminal case remains the same.

In case criminal case is investigated according to the procedure of the simplified pre-judicial production, then the corresponding codes in detail 2 are noted.

40. In case of adoption by criminal prosecution authority of the decision on repeated initiation of legal proceedings, after pronouncement by the prosecutor of the decision on cancellation of the resolution on initiation of legal proceedings and the direction of materials at additional check, new number is assigned to case.

41. If within one case two and more crimes committed in the territory of different areas, then copies of cards (the electronic data) on episodes which are transferred for connection to the main case are investigated, are represented or transferred by the prosecutor in electronic form to authorized body in the place of investigation of criminal case.

Authorized body in the place of investigation of criminal case in case of receipt of copies of cards about the crimes committed in the territory of other areas register them and, in the absence of these data in EUSS, enters them into EUSS behind numbers of primary registration. Further, in case of receipt of cards about movement on these episodes, the specified data are also registered and entered into EUSS.

The authorized body in the place of investigation of criminal case in day of receipt sends to the copy of cards about movement on these episodes for accounting in corresponding authorized body in the place of crime execution.

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