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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.

Minister

I. Tasmagambetov

It is approved

Attorney-General of the Republic of Kazakhstan

November 5, 2014

 

A. Daulbayev

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

General provisions

1. These rules are developed 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" (further - the Law) and determine procedure bodies of military management of security measures concerning persons who are involved in criminal trial.

2. Bodies of military management are strategic, operational and strategic, operational and territorial, operational and tactical, tactical and local authorities of military management.

3. 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 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, sending or transfer of the serviceman undergoing military military service or under the contract from which the threat to the protected person can proceed if in its actions there is no actus reus in other military unit and organization.

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

5. Sending or transfer of the protected person are performed from its consent expressed in writing. In case of transfer the serviceman is appointed to equal military position, at the same time its use on the main or one-profile military specialty, except the military personnel of conscription service and cadets of military educational institutions is provided.

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

6. Possible duty stations and residence are selected personnel body for the petition of the body performing security measures taking into account nature of threat concerning the protected person.

7. During the sending or transfer of the protected person, the body performing security measures renders assistance in matching and the device on the temporary or permanent duty station, study or residence and issues the motivated decree according to requirements of Chapter 12 of the Code of penal procedure of the Republic of Kazakhstan, and sends to the relevant structural division of the Ministry of Defence of the Republic of Kazakhstan.

8. 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.

9. Sending of the protected person to other military unit and organization, is performed according to the procedure, established by 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.

10. Transfer (movement to the new duty station or studies) is performed according to the Rules of passing of military service in the 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, with provision of equal position, with preserving military years of service and length of service, granting pension entitlement.

11. 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.

The body performing security measures petitions before personnel body of organization for appointment of the protected person on equal vacant or in its consent to the lowest position.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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