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THE JOINT ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN, THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN, THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN, THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of August 29, 2014 No. 564, on September 2, 2014 No. 86, on September 4, 2014 No. 290, on September 11, 2014 No. 394, on September 12, 2014 No. 4

About approval of Rules of execution of measure of restraint in the form of house arrest

According to part 5 of Article 146 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, for the purpose of detailed regulation of the mechanism of execution of measure of restraint in the form of house arrest, we ORDER:

1. Approve the enclosed Rules of execution of measure of restraint in the form of house arrest.

2. Declare invalid the joint order of the Attorney-General of the Republic of Kazakhstan of October 18, 2005 No. 56, of the Chairman of Committee of homeland security of the Republic of Kazakhstan of October 22, 2005 No. 187, of the deputy. The Minister of Internal Affairs of the Republic of Kazakhstan of October 6, 2005 No. 590 and the Chairman of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) of October 7, 2005 No. 214 "About approval of Instructions about application of pledge and house arrest as measure of restraint" (registered in the Register of state registration of regulatory legal acts for No. 3947, No. 239 published in the Yuridicheskaya Gazeta newspaper of December 22, 2005 (973)).

3. This Order is subject to official publication and becomes effective since January 1, 2015.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Chairman of Committee of homeland security of the Republic of Kazakhstan

N. Abykayev

Minister of Internal Affairs of the Republic of Kazakhstan

K. Kasymov

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption

K. Kozhamzharov

No. 564, on September 2, 2014 No. 86, on September 4, 2014 No. 290, on September 11, 2014 No. 394, on September 12, 2014 No. 4 are approved by the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan, the Attorney-General of the Republic of Kazakhstan, the Chairman of Committee of homeland security of the Republic of Kazakhstan, the Minister of Finance of the Republic of Kazakhstan and the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of August 29, 2014

Rules of execution of measure of restraint in the form of house arrest

1. General provisions

1. These rules of execution of measure of restraint in the form of house arrest are developed according to Article 146 Criminal - the Procedure Code of the Republic of Kazakhstan (further - the Code of Criminal Procedure), determine procedure for execution of the measure of restraint in the form of house arrest elected by the investigative judge (court) according to the petition of bodies of pre-judicial investigation or court if the measure of restraint is applied during judicial proceedings.

2. The basic concepts used in these rules

2. In these rules the following basic concepts are used:

1) house arrest - isolation of the suspect, person accused, defendant from society without their content under guards, but using the restrictions set by the judge (court) on the bases and according to the procedure, the stipulated in Article 147 Codes of Criminal Procedure;

2) the dwelling - the room or structure for temporary or permanent residence of one or several persons, including: own or leasable apartment, house, garden house, hotel room, cabin, compartment; the verandahs which are directly adjoining them, terraces, galleries, balconies, mansard structures, the cellar and attic of residential building, except the apartment apartment house, and also the river or ocean ship and others.

3. Application of house arrest

3. House arrest is applied only in the presence of the procedural bases provided by Articles 136, of 139, of 146, of 342 Codes of Criminal Procedure for the purpose of ensuring proper conduct of the suspect, the person accused, the defendant, the prevention of hindrance to objective investigation and trial of case in court, evasion from bodies of pre-judicial investigation and court, the prevention of criminal activities.

4. The place of content under house arrest is determined by the body conducting criminal procedure. It can be the dwelling, hospital, clinic, boarding house, other places and leased rooms.

5. Provision to the suspect, the person accused, the defendant of the dwelling by relatives and other persons for the period of criminal proceeding is allowed. By provision the suspect, the person accused, the defendant of the dwelling by relatives and acquaintances for the body conducting criminal procedure need their written consent, and also the full age persons jointly living with them.

6. In case of the conclusion of the lease agreement of the dwelling not at the permanent address of the suspect, person accused, defendant during stay it under house arrest, in the agreement the rights and obligations of the lessor and the lessee, terms and instructions for use by housing, payments of utilities, tenant's liability on content are provided in operability of housing, questions of early agreement cancelation. The lessor shall be surely warned by the lessee about main objective of lease of housing by it, at the same time the sublease is excluded.

7. The resolution of the investigative judge (court) from the moment of its announcement is without delay transferred to the suspect, the person accused, the defendant to body of pre-judicial investigation and is subject to immediate execution.

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