ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 21, 2014 No. 1220

About approval of Rules of calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels

According to Articles 177 and 178 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels.

2. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 21, 2014 No. 1220

Rules of calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels

1. General provisions

1. These rules of calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels (further - Rules), are developed according to the subitem 9) of Article 177 and Article 178 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 and determine procedure for calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels.

2. The procedural costs connected with search of the suspect, person accused, defendant, absconded or the vessels consisting from are subject to calculation:

1) expenses on official journeys of officials of criminal prosecution authority when holding search actions;

2) fares on the railway, water, automobile and air modes of transport of the suspect, person accused, defendant which absconded or vessels, from the place of detention to the place of criminal prosecution;

3) daily issues, if necessary for the accommodation of the suspect, the person accused, the defendant who absconded or court, along the line from the place of detention to the place of criminal prosecution.

2. Procedure for calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels

3. Calculation of the amounts spent in connection with search of the suspect, person accused, defendant, which absconded or vessels, is performed by criminal prosecution authority in the following procedure:

1) in cases of departure of officials of criminal prosecution authority in official journeys within the Republic of Kazakhstan:

for each day of finding of the official of criminal prosecution authority in business trip daily allowance in the amount of two monthly settlement indicators is found;

on hiring of premises according to the shown supporting documents (the fiscal check, the cash receipt order, the invoice, the account, delivery note, the notice, and in case of submission of documents for accommodation from the individual entrepreneur are in addition submitted the documents confirming the right of person to lease property (the lease agreement, the patent, the certificate) and other supporting documents submitted by suppliers of hotel services):

for heads and deputy managers of criminal prosecution authorities, the expense amount on hiring of premises in days shall not exceed the tenfold size of monthly settlement indicator in the cities of Astana, Almaty, Atyrau, Aktau and Baikonur, the sevenfold size of monthly settlement indicator - in the regional centers and the cities of regional value and the fivefold size of monthly settlement indicator - in the district centers and the cities of district value;

for officials of criminal prosecution authority the expense amount on hiring of premises in days shall not exceed the sevenfold size of monthly settlement indicator in the cities of Astana, Almaty, Atyrau, Aktau and Baikonur, the sixfold size of monthly settlement indicator - in the regional centers and the cities of regional value, the quadruple size of monthly settlement indicator - in the district centers and the cities of district value and the double size of monthly settlement indicator - in rural districts;

in the absence of supporting documents expenses on hiring of premises for officials of criminal prosecution authority are estimated in the amount of 50 percent from standard daily rates on official journeys, except cases when officials used free of charge provided premises;

on journey to the place of sending and back to the place of permanent job (except cases when the administration provides sent appropriate means of movement) based on the shown travel documents in case of journey:

by the railroads - on rate of the stopped car (except for cars with double compartments with the lower arrangement of soft sofas, easy chairs for sitting with the device on regulation of its provision (SV), and also the classes "Tourist" and "Business" of high-speed trains);

on waterways, highway and earth roads - on the fare existing in this area;

in exceptional cases (in case of transit moving in case of sending out of limits of the Republic of Kazakhstan, lack of the called vehicles or urgency of business trip) with the permission of the head of public institution by rail - on rate of cars with double compartments with the lower arrangement of soft sofas, easy chairs for sitting with the device on regulation of its provision (SV), and also the classes "Tourist" and "Business" of high-speed trains and air transport - on rate of economy class;

the cost of booking of tickets and hotel reservation, and also use of bedding in trains in case of journey to the place of sending and back to the place of permanent job, in the presence of the documents confirming these expenses;

in the absence of travel documents to the place of sending and back to the place of permanent job expenses are estimated on minimal cost of journey in transport (except for air);

on journey by motor transport (except taxi) to the railway station, pier, the airport if they are outside the settlement, in the presence of supporting documents;

transportation expenses with the permission of the first head of criminal prosecution authority or its deputy in business trip on office motor transport in the nearby district and regional centers;

2) in cases of departure of officials of criminal prosecution authority in official journeys out of limits of the Republic of Kazakhstan procedural costs are estimated:

by the railroads - in the amount of the cost of the stopped car (except for the classes "Tourist" and "Business");

on waterways, highway and earth roads - on the fare existing in this area;

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