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The document ceased to be valid since September 19, 2017 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of June 30, 2017 No. 68

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2014 No. 71

About approval of Rules of maintaining and use of separate types of special accounting

For the purpose of enhancement of maintaining and use of separate types of special accounting, being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", PRIKAZYVAYU:

1. Approve Rules of maintaining and use of separate types of special accounting according to appendix 1 to this order.

2. Recognize invalid some orders of the Attorney-General of the Republic of Kazakhstan according to appendix 2 to this order.

3. To send this order to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

2) to subjects of legal statistics and special accounting, and also territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective from the date of its first official publication.

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of July 10, 2014 No. 71

Rules of maintaining and use of separate types of special accounting

1. General provisions

1. These rules of maintaining and use of separate types of special accounting (further - Rules) determine procedure for maintaining and use of separate types of special accounting, stipulated in Item 3 articles 12 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting".

In Rules the following basic concepts are used:

1) the automated information system "Special Accounting" - system in which maintaining is performed, accumulating, processing and provision of data of separate types of the special accounting provided by the Law of the Republic of Kazakhstan "About the state legal statistics and to special accounting" (further - AIS SU);

2) the automated dactyloscopic information system - system in which maintaining is performed, accumulating, processing and provision of the dactyloscopic information created on fingerprints of hands (further - ADIS);

3) pofamilny accounting - the accounting performed by registration of the persons who committed crimes, brought to trial, convicts; the irresponsible persons who made socially dangerous acts to which enforcement powers of medical nature, (forced treatment in psychiatric hospital of specialized type, forced treatment in psychiatric hospital of specialized type with intensive observation and forced treatment in lunatic asylum of general type is appointed) on their biographical particulars, i.e. surname, name and middle name, with indication of date (day, month, year) and the birthplaces are applied;

4) dactyloscopic accounting - the accounting on features of structure of papillary patterns of fingers of hands of persons, detainees, arrested, convicts performed by registration, storage, classification and issue of dactyloscopic information for establishment or confirmation of the identity of the person;

5) search accounting, and also accounting of the persons accused who are outside the Republic of Kazakhstan - the accounting performed by registration of persons which disappeared from bodies of inquiry, investigation, court and departure of punishment; the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter; missing persons; corpses which personality is not identified; unknown patients and children who for health reasons or age cannot report about themselves data, also the data of the Single unified statistical system (further - EUSS) concerning persons on whom criminal cases are suspended on Item 5 of part 1 of Article 50 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK).

2. Accounting is performed by maintaining pofamilny, dactyloscopic, search card-indexes, and the automated information systems AIS SU and ADIS of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

Astana and Almaty (further - territorial authorities of Committee) is performed by managements of Committee on areas, conducting local pofamilny, dactyloscopic, search accounting and input of data in AIS SU and ADIS.

Military management and regional Transportation Directorate of Committee (further - military and transport territorial authorities of Committee) performs conducting local search accounting and input of data search and pofamilny accounting in AIS SU. For the purpose of control of receipt of proceeding decisions on pofamilny accounting, military and transport territorial authorities of Committee conduct control card-indexes.

Conducting centralized pofamilny, dactyloscopic, search accounting, AIS SU and ADIS is performed in Committee.

3. Subjects of accounting are all state bodies performing the investigation and inquiry, operational search activities, execution of the punishment, and also bodies of migratory police and judicial authorities of the Republic of Kazakhstan.

Control of execution of these rules is exercised by Committee and its territorial authorities including military and transport.

Forms of information accounting documents of the established forms and the qualities of material provided by these rules are made by subjects of legal statistics and special accounting.

2. Categories of persons reflected in pofamilny and dactyloscopic accounting

4. Persons are subject to Pofamilny accounting in Committee:

1) convicts in the territory of the Republic of Kazakhstan;

2) the Commonwealths of Independent States condemned to imprisonment in other states (further - the CIS) the citizens of the Republic of Kazakhstan serving sentence in the territory of the Republic of Kazakhstan;

3) the irresponsible persons who made socially dangerous acts to which enforcement powers of medical nature are applied (forced treatment in psychiatric hospital of specialized type, and forced treatment in psychiatric hospital of specialized type with intensive observation is appointed).

5. Are subject to Pofamilny accounting in territorial authorities of Committee:

1) persons condemned in the territory of the area;

2) persons involved as persons accused in the territory of the area (the transport or military region, garrison), irrespective of the applied measure of restraint, and also person to which charge, the committed crimes in the territory of the area concerning which criminal prosecution is stopped on not rehabilitating bases was not brought;

3) the irresponsible persons who made socially dangerous acts in the territory of the area to which enforcement powers of medical nature are applied (forced treatment in psychiatric hospital of specialized type, forced treatment in psychiatric hospital of specialized type with intensive observation and forced treatment in lunatic asylum of general type is appointed);

4) the persons condemned in other areas (states), serving sentence in the field (state).

6. The foreigners and persons without citizenship condemned or brought to trial as persons accused in the territory of Kazakhstan, and also persons of this category involved as suspects to whom charge was not brought and criminal case is dismissed on not rehabilitating bases, are subject to accounting in general procedure.

7. Are subject to dactyloscopic accounting in Committee:

1) convicts in the territory of the Republic of Kazakhstan to whom the measure of restraint applied arrest;

2) the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad (if on them there are dactyloscopic cards);

3) the convicts who committed crimes in places of detention;

4) persons concerning whom search is announced (if on them there are dactyloscopic cards and the measure of restraint in the form of arrest is applied to them).

8. Are subject to dactyloscopic accounting in territorial authorities of Committee:

1) convicts in the territory of the area to whom the measure of restraint applied arrest;

2) the convicts who committed crimes in places of detention;

3) persons accused to whom the body of the investigation (inquiry) applies measure of restraint in the form of arrest;

4) persons concerning whom search is announced (to whom the measure of restraint in the form of arrest is applied if on them there are dactyloscopic cards);

5) the detained persons (only not taking the certain residence and documents proving their identity);

6) the citizens of the Republic of Kazakhstan, convicts abroad who arrived to serve sentence on the area territory.

3. Types of accounting documents and their registration through pofamilny and dactyloscopic accounting

9. The bodies specified in Item 3 of these rules submit accounting documents of two types - the main and adjusting.

10. The main accounting documents are:

1) alphabetic accounting card in form according to appendix 1 to these rules;

2) the dactyloscopic card in form according to appendix 2 to these rules;

3) the dactyloscopic card on person which is not taking certain residence and identity documents in form according to appendix 3 to these rules.

11. The adjusting accounting documents are:

1) the notice on the condemned (arrested) on form according to appendix 4 to these rules;

2) data on modification of biographical particulars in form according to appendix 5 to these rules;

3) the certificate of results of judicial review of case on form according to appendix 6 to these rules;

4) the copy, the sentence (resolution) of court which took legal effect;

5) the copy of the court order about removal of criminal record;

6) the copy of the court order about change of biographical particulars of the convict.

12. Alphabetic cards are made on punched card or post card paper, dactyloscopic maps and the adjusting documents are made on writing paper.

Entries in accounting documents (on papers) are filled in Russian with use of the computer equipment. In cases of lack of technical capabilities legible hand-written filling of accounting documents, is allowed by blue or black dye. Blots, erasures and corrections are not allowed.

Alphabetic accounting cards, dactyloscopic cards, notices on the condemned (arrested), are drawn up according to appendix 7 to these rules.

13. Data of centralized accounting, according to the special list according to appendix 8 to Rules, the cover letter of Committee according to appendix 9 to Rules go to the Interstate information bank (further - MIB) the states of the Commonwealth of Independent States (further - the CIS) operating based on the Main information and analysis center of the Ministry of Internal Affairs of the Russian Federation (further - GIATs Ministry of Internal Affairs Russian Federation).

4. Procedure and terms of submission of accounting documents by bodies (persons) performing pre-judicial criminal proceeding

14. The investigator (investigator) of the body performing pre-judicial criminal proceeding including bodies, persons under surveillance to the military and transport prosecutor, within one working day after pronouncement of the resolution on involvement of person as the person accused (the protocol of accusation, the protocol of the simplified pre-judicial production) on persons to whom the measure of restraint in the form of arrest was not applied are constituted by one copy of alphabetic accounting card with the annex of the copy of the identity document to it of the person accused or the resolution on identification.

In case of the termination of criminal case concerning the person accused (independently, the measure of restraint in the form of arrest was applied to it or not) the investigator (investigator) of the body performing pre-judicial criminal proceeding including bodies, persons under surveillance to the military and transport prosecutor, are constituted by one copy of alphabetic accounting card with indication of data on the body which dismissed criminal case (prosecution) to date of the termination, the basis of the termination also applies it to the criminal case file in case of the direction to the prosecutor for check of legality of the made proceeding decision with application of a copy of the resolution on the termination of criminal case (prosecution). The prosecutor after consent with the decision on the termination of criminal case within three working days sends alphabetic accounting card by means of office to the employee of district (city) division of territorial authority of Committee, including military and transport, or to directly territorial authority of Committee, including military and transport, with application of a copy of the resolution on the termination of criminal case (prosecution) with the resolution of the prosecutor, in case of the termination of criminal case (prosecution) on the rehabilitating bases, the copy of the motivated conclusion of the prosecutor about consent with the termination of criminal case (prosecution) is in addition attached.

If charge was not brought to person and criminal case is dismissed on not rehabilitating bases, the investigator (investigator) of the body performing pre-judicial criminal proceeding constitutes one copy of alphabetic accounting card, applies it to the criminal case file in case of the direction to the prosecutor for check of legality of the made proceeding decision with application of a copy of the resolution on the termination of criminal case (prosecution) and the copy of the identity document. The prosecutor after consent with the decision on the termination of criminal case within three working days sends alphabetic accounting card by means of office to the employee of district (city) division of territorial authority of Committee, including military and transport, or to directly territorial authority of Committee, including military and transport, with application of a copy of the resolution on the termination of criminal case (prosecution) with the resolution of the prosecutor and the copy of the identity document.

15. Alphabetic accounting cards on persons, criminal cases concerning which are in production of the central structures of criminal prosecution authorities are exposed in the relevant territorial authority of Committee on the place of crime execution.

5. Registration and terms of submission of accounting documents by pre-trial detention centers and correctional facilities

16. Administration of the pre-trial detention center no later than five working days from the moment of settlement of person to which the investigator (investigator) or court applies measure of restraint in the form of arrest three copies of alphabetic accounting card and three copies of the dactyloscopic card, with application of a copy of the identity document of the arrested in which individual identification number is specified (further - IIN) are constituted and go to territorial authority of Committee.

Exception are the arrested citizens of foreign states who do not have the residence permit in the Republic of Kazakhstan.

In case of lack of identity documents, the administration of the pre-trial detention center sends inquiry to the body performing criminal prosecution.

17. Biographical particulars of the arrested (convict) are entered in alphabetic accounting card and the dactyloscopic card from identity documents, in case of detection in documents on the arrested (convict) of contradictory data the administration of the pre-trial detention center initiates establishment of the valid biographical particulars by the body performing the investigation (inquiry) or court.

Based on the data provided by the specified bodies new accounting documents which are subject to the direction in territorial authority of Committee with the cover letter with indication of former biographical particulars, and also the basis of their change are constituted.

18. When it is not possible to receive accurate and clear prints of papillary lines in view of diseases of integument or other temporary disease of fingers of hands (changes), the pre-trial detention center sends to territorial authority of Committee within five working days three copies of alphabetic accounting card with appendix of the reference of the doctor. The pre-trial detention center carries out treatment of such fingers, and after its termination three copies of the dactyloscopic card go to territorial authority of Committee.

19. The administration of the pre-trial detention center, within five working days after receipt of the certificate of the introduction of the court verdict in legal force, represents to territorial authority of Committee the copy of the sentence (resolution) of court which took legal effect and the notice on the convict in whom data on being of this sentence are reflected.

Concerning persons condemned to exceptional measure of punishment administration of the pre-trial detention center the notice on the convict is submitted in territorial authority of Committee within five working days after receipt of the sentence pronounced by Trial Court. After the introduction of sentence in legal force concerning person condemned to exceptional measure of punishment the notice on it in addition goes to territorial authority of Committee in the same terms.

In case of temporary disposal of arrested from the pre-trial detention center, the notice are not constituted.

In the upper left corner of inside of cover of the personal record are subject to specifying of the information about the contractor, quantity and terms of the direction of accounting documents, and also the addressee.

20. In case of removal of court resolution by court with the reference about allocation in separate production of the criminal case file on episodes with the direction on additional investigation, administration of the pre-trial detention center no later than five working days from the moment of receipt of court resolution three copies of alphabetic accounting card and three copies of the dactyloscopic card are constituted and go to territorial authority of Committee.

21. In case of change of measure of restraint on other from arrest, its cancellation in connection with diversion, death, after the arrest term established by the law as measure of restraint, or on other bases provided by the Code of Criminal Procedure of RK, the administration of the pre-trial detention center within five working days sends the notice on the condemned (arrested) to territorial authority of Committee.

When leaving person after condemnation in the administrative decree of the pre-trial detention center the notice on the convict goes to territorial authority of Committee within five working days.

After departure of the serving sentence condemned to the place, the administration of the pre-trial detention center within five working days sends the notice on departure of the convict to territorial authority of Committee.

22. About person to whom the measure of restraint in the form of arrest at the request of body of the investigation (inquiry) or court of other area (state) is applied administration of the pre-trial detention center in territorial authority of Committee one copy of alphabetic accounting card and the dactyloscopic card with indication of additional data on date of departure and body at the disposal of which he is transported under guard is represented.

23. About persons which arrived to correctional facility from other correctional facilities (pre-trial detention centers) located in the territory of the area within five working days the notice on the condemned (arrested) for territorial authority of this area is constituted.

On persons condemned by courts of other areas which arrived to serve sentence in correctional facility of this area, one copy of alphabetic accounting card and one copy of the notice on the convict are constituted.

On persons condemned by courts of the states of the CIS which arrived to serve sentence in correctional facility of this area, one copy of alphabetic accounting card and two copies of the notice on the convict are constituted.

The alphabetic accounting card and the notice on the convict (two copies of notices on the states of the CIS, with application of a copy which took legal effect of the judgment condemned by courts) within five working days go to territorial authority of Committee of this area.

The territorial authority of Committee places alphabetic accounting card in card-index, the notice on the convict goes to territorial authority of Committee on the place of condemnation.

On persons condemned by courts of the states of the CIS, the second copy of the notice on the convict is subject to the direction in Committee.

On transit and transit convicts of the notice on the convict are represented after their arrival to the place of departure of punishment.

24. If in the personal record of person which arrived to correctional facility there are no marks about the direction of its accounting documents in bodies of legal statistics and to special accounting, the administration of organization to which there arrived convict constitutes alphabetic accounting cards and dactyloscopic cards according to the procedure, stipulated in Item 16 these rules.

In case of the direction of these accounting documents in territorial authority of Committee the fact of their creation due to the lack in the personal record of the convict of data on primary registration is subject to specifying and the pre-trial detention center which contained this person is specified.

25. In case of change of sentence concerning the convict serving sentence in correctional facility, the administration of correctional facility (pre-trial detention center) informs the relevant court on its execution and sends to territorial authority of Committee within five working days the court order about modification of sentence and the notice on the convict with indication of data on the made changes. On person condemned in other region the notice on the convict, with the corresponding data is submitted within the same terms in territorial authorities of Committee on the place of condemnation.

26. On persons who are again condemned during serving sentence in correctional facility, accounting documents are constituted according to Item 16 of these rules administration of the pre-trial detention center or administration of correctional facility if person did not contain in the pre-trial detention center.

27. In case of release or death of the correctional facility (pre-trial detention center) condemned by administration the notice on the convict for territorial authority which after production of the corresponding marks in accounting sends it to Committee is constituted. At deaths door the convict the copy of the act of death is attached. On person condemned in other region the additional copy of the notice on the convict for territorial authority of area in the place of condemnation is constituted.

On convicts, the dead along the line, the notice on the convict is constituted by administration of organizations from which convicts, after receipt of the act of death were disposed.

On persons concerning whom acts of pardon are performed the administration of correctional facility constitutes two copies of the notice on the convict, one of which goes to territorial authority of Committee for the subsequent submission to Committee, another - in territorial authority of Committee on the place of condemnation.

28. In case of disease of the transported under guard convict along the line, the administration of the pre-trial detention center in which medical institution it is placed constitutes the notice on the convict and represents it to territorial authority of Committee of that area from where the convict was transported under guard. After entering of data into accounting, territorial authority of Committee sends the notice to Committee.

29. The administration of the organization which performed punishment in the form of capital punishment represents to territorial authority of Committee two copies of the notice on the convict with reflection of the fact of execution of sentence the mark "decreased under sentence" for the direction the separate letter to territorial authority of Committee on the place of condemnation and Committee.

30. The organization performing punishment measure in the form of arrest within five working days after arrival of the convict represents three copies of alphabetic accounting card and three copies of the dactyloscopic card to territorial authority of Committee, in case of release of the convict - the notice on the convict with application of a copy of the document proving his identity goes to the specified time.

31. In case of change of sentence concerning persons exempted before receipt of the corresponding sentence (resolution) of court on reconsideration of the case by administration of correctional facility (pre-trial detention center) the notice on the convict is provided according to the procedure, stipulated in Item 25 these rules.

6. Procedure and terms of representation by divisions of migratory police of law-enforcement bodies of data on change by persons of adjusting data

32. Divisions of migratory police of the cities of Astana, Almaty and areas (further - divisions of migratory police) to 15 and 30 numbers of every month to territorial authorities of Committee represent the information about the citizens who addressed to district and city divisions of migratory police, concerning exchange of identity documents, because of change of adjusting data (surname, name, middle name, nationality, birth date and birth place).

By results of the carried-out reconciliation territorial authorities of Committee send to bodies of migratory police inquiry for provision of data of the form from the centralized information database of the documentary population of the Republic of Kazakhstan or the copy of form - 1 (for passports of sample of 1974), on the persons who committed crimes, replaced biographical particulars.

7. Procedure and terms of submission of accounting documents by bodies of criminal and executive inspectorate

33. Bodies of criminal and executive inspectorate within five working days after statement on the accounting of persons, convicts it is conditional, with delay of execution of sentence, to deprivation of the right to hold certain position or to be engaged in certain activities, represent to attraction to social jobs, corrective works, to restriction of freedom to territorial authorities of Committee of the notice on the convict, the copy of sentence on the convict and the copy of the document proving the identity. On persons condemned by courts of other area - one copy of alphabetic accounting card, the copy of sentence on the convict, the copy of the document proving the identity and one notice.

34. In case of release from the punishment staying on the registry of person or change of sentence concerning it and also, in case of removal from accounting on other bases, stipulated by the legislation the Republic of Kazakhstan bodies of criminal and executive inspectorate within five working days after receipt of the relevant proceeding decision, send to territorial authorities of Committee the notice on the convict with indication of complete data on the basis of removal of the convict from accounting of inspection or change of sentence with application of a copy of the court order which took legal effect.

8. Procedure and terms of submission of accounting documents receivers distributors of law-enforcement bodies

35. Receivers distributors after release of person who is not taking the certain residence and documents proving their identity within five working days represent to territorial authority of Committee one copy of the dactyloscopic card on the detained person who is not taking certain residence and identity documents. Repeated, within three calendar years (from January 1 to December 31) statement on dactyloscopic accounting in the territory of one area concerning one person, is not allowed. Counting of calendar year is performed from the moment of the release of the person of no fixed abode and documents proving his identity from the receiver distributor.

On persons whose personality is identified during the term of the sanction against the dactyloscopic card the verified copy of the identity document is attached.

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