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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2014 No. 971

About approval of the Instruction of use of technical means for fixing of the facts of making of criminal and administrative offenses and actions of staff of law-enforcement bodies of the Republic of Kazakhstan

(as amended on 21-06-2019)

According to the subitem 19) of Item 2 of article 6 of the Law of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies of the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Instruction of use of technical means for fixing of the facts of making of criminal and administrative offenses and actions of staff of law-enforcement bodies of the Republic of Kazakhstan.

2. To the commander-in-chief of National guard, chiefs of departments of internal affairs, criminal executive system and on emergency situations, managements of specialized security service and educational institutions of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) to organize studying of this Instruction with staff in system of combat and office training with the subsequent acceptance of offsettings;

2) to provide execution of requirements of the Instruction by all staff of law-enforcement bodies and the military personnel of National guard.

3. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication of this order in information system of law of Ad_let and in periodic printing editions;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan www.mvd.gov.kz.

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Turgumbayev E. Z., main command of National guard (Zhaksylykov R. F.), committees of administrative police (Lepekh I. V.), criminal executive system (Berdalin B. M.) and on emergency situations (Petrov V. V.).

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister police lieutenant general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 31, 2014 No. 971

The instruction of use of technical means for fixing of the facts of making of criminal and administrative offenses and actions of staff of law-enforcement bodies of the Republic of Kazakhstan

Chapter 1. General provisions

1. This Instruction of use of technical means for fixing of the facts of making of criminal and administrative offenses and actions of employees (further - the Instruction) determines use by staff of law-enforcement bodies (further - Department of Internal Affairs) means of audiovideo fixing for fixing of surrounding situation, actions of citizens and the staff of Department of Internal Affairs in case of execution of security guard and patrol service, fixing of violations from the convicts and persons taken into custody, conducting checks and other forms of control, including migratory (further - execution of service duties), and also when holding preventive actions and special transactions.

2. The legal basis of use of the portable wearable video recorder and mobile system of digital audiovideo the Penitentiary code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About law-enforcement bodies of the Republic of Kazakhstan", "About traffic", "About civil protection", and other regulatory legal acts of the Republic of Kazakhstan in the field of protection of public order, ensuring public and road safety, control and supervision of behavior of the convicts and persons taken into custody constitute the Code of the Republic of Kazakhstan "About administrative offenses".

3. In this Instruction the following concepts are used:

1) the portable wearable video recorder (further - video counter) is technical device the audiovideos intended for implementation by the staff of Department of Internal Affairs;

2) the employee of Department of Internal Affairs is police officers, bodies and organizations of criminal executive system, bodies of civil protection, the military personnel of National guard (further - NG);

3) division of Department of Internal Affairs is divisions of police, bodies and organizations of criminal executive system, bodies of civil protection;

4) the mobile system of digital audiovideo (further - the mobile video recorder) is the technical device intended for implementation of audiovideo on the office, special motor transport and special cars intended for convoy of the special contingent (further - special motor transport and the special car).

5) the radar is the measuring instrument of speed with video fixing intended for control of speed of movement of vehicles and video fixing of the road traffic offenses approved by the order of the Government of the Republic of Kazakhstan of November 13, 2014 No. 1196.

4. The video counter and the mobile video recorder (further - video recorders) are intended for implementation of audiovideo of surrounding situation, actions of the citizens, convicts and persons taken into custody and also process of actions of staff of Department of Internal Affairs during execution of service duties, preventive actions and special transactions, for the purpose of ensuring collection of high-quality evidential base, in case of suppression of offenses.

5. Video recorders provide the staff of Department of Internal Affairs on duty, holding preventive actions and special transactions, and also office, special motor transport and cars are equipped.

6. Technical specifications of the video recorder, radar, server of management, the network store for data storage, it is approved with Department of technical service of the Ministry of Internal Affairs. Acquisition of video counters and mobile video recorders is performed according to the minimum requirements to audiovideo fixing and radars according to appendices 1 and 1-1 to this Instruction.

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