ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of November 4, 2014 No. 511

About approval of Rules of implementation of security measures by bodies of military management

For the purpose of realization of Item 3 of article 1 of the Law of the Republic of Kazakhstan of July 5, 2000 "About the state protection of persons who are involved in criminal trial" I ORDER:

1. Approve the enclosed Rules of implementation of security measures by bodies of military management.

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

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of November 4, 2014 No. 511

Rules of implementation of security measures by bodies of military management

Chapter 1. General provisions

1. These rules determine procedure bodies of military management of security measures concerning persons who are involved in criminal trial.

2. Bodies of military management apply security measures to the military personnel, citizens staying in inventory during passing of military charges by them, faces of civil personnel of the military units, connections or public institutions of Armed Forces of the Republic of Kazakhstan, other troops and military forming, by application established by the Law of the Republic of Kazakhstan "About the state protection of persons who are involved in criminal trial" (further - the Law) security measures taking into account features of passing of military service and work in military units, connections or public institutions of Armed Forces of the Republic of Kazakhstan, other troops and military forming (further – military units and organizations).

Besides, to the protected person also security measures in the form of transfer of the protected person are applied to the new place of military service in military units and organizations, transfer (sending out on business) of the serviceman undergoing military military service or under the contract.

3. Security measures are performed with maintaining confidentiality of data on the protected person and the security measures applied concerning it.

Chapter 2. Procedure of security measures

4. In case of receipt of the motivated decree issued by the body making the decision on application of security measures according to article 21 of the Law, the body performing security measures independently chooses necessary security measures within the competence, the stipulated in Article 7 Laws.

5. Transfer (sending out on business) of the protected person is made from its consent expressed in writing.

Provision of housing for the protected person, is performed according to the procedure by certain housing legislation of the Republic of Kazakhstan.

6. In case of transfer (sending out on business) of the protected person, the body performing security measures taking into account nature of threat concerning the protected person, renders assistance to personnel bodies in matching and the device on the temporary or permanent duty station or studies and issues the motivated decree according to requirements of Chapter 12 of the Code of penal procedure of the Republic of Kazakhstan which sends to the relevant structural division of the Ministry of Defence of the Republic of Kazakhstan.

7. The body performing security measures in writing warns the commander of military unit and the head of organization, about nondisclosure of data which were entrusted to them or became known concerning the protected person.

8. Sending out on business of the protected person in other military unit and organization, is performed according to the Rules about official journeys within the Republic of Kazakhstan employees of the public institutions containing at the expense of means of the government budget, and also deputies of Parliament of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of September 22, 2000 No. 1428.

9. Transfer of the serviceman is made according to the Rules of passing of military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of May 25, 2006 No. 124.

10. The statement of the protected person for recovery on the former duty station or studies moves in writing and is fixed by the body performing security measures.

In case of transfer, the body performing security measures petitions before personnel body of military unit or organization for appointment of the protected person to equal or higher position with ensuring its use on the main or one-profile specialty.

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