Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 21, 2005 No. 32-III ZRK

About bodies of military police

(as amended on 27-12-2019)

This Law establishes the legal basis, the principles, tasks and system of bodies of military police of Armed forces, bodies of homeland security and internal affairs of the Republic of Kazakhstan (further - bodies of military police).

Chapter 1. General provisions

Article 1. Status of bodies of military police

Bodies of military police are the special military divisions which organizationally are part of Armed Forces, bodies of homeland security, National guard of the Republic of Kazakhstan and performing functions on providing law and order in Armed Forces, other troops and military forming of the Republic of Kazakhstan.

Article 2. Legal basis of activities of bodies of military police

The legal basis of activities of bodies of military police is constituted by the Constitution of the Republic of Kazakhstan, this Law, other regulatory legal acts of the Republic of Kazakhstan, and also the international agreements ratified by the Republic of Kazakhstan.

Article 3. Principles of activities of bodies of military police

Activities of bodies of military police are based on the principles of legality, one-man management, publicity, equality of all before the law, respect and observance of rights and freedoms of man and citizen.

Article 4. System and structure of bodies of military police

1. Bodies of military police are created in Armed Forces, bodies of homeland security and National guard of the Republic of Kazakhstan.

2. The Minister of Defence, the Minister of Internal Affairs, the Chairman of Committee of homeland security of the Republic of Kazakhstan perform management of activities of bodies of military police, make decisions on holding organizational and regular actions, approve structure and the number of staff, and also adopt subordinate regulatory legal acts according to the legislation of the Republic of Kazakhstan.

3. No. 69-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.06.2017.

Article 5. Tasks of bodies of military police

Tasks of bodies of military police are:

1) providing law and order in Armed forces, other troops and military forming of the Republic of Kazakhstan;

2) prevention, the prevention, identification, suppression and disclosure of crimes and offenses within the competence established by the laws of the Republic of Kazakhstan;

2-1) preventions of corruption and identification of administrative corruption offenses within the competence established by the laws of the Republic of Kazakhstan;

3) identification of the circumstances promoting making of crimes and offenses;

4) production of pre-judicial investigation according to the criminal procedure legislation of the Republic of Kazakhstan;

5) search of the military personnel disappearing from bodies of inquiry, investigation and court, and also who self-willedally left location of military units;

6) safety of traffic of vehicles of bodies of homeland security, Armed Forces, other troops and military forming of the Republic of Kazakhstan;

7) execution in stipulated by the legislation cases of detention of the military personnel with content on guardroom, and also execution of administrative punishment in the form of administrative detention;

7-1) implementation of state registration of motorized vehicles and trail cars to them Armed Forces, other troops and military forming of the Republic of Kazakhstan, except for Sil of special function Services of the state protection of the Republic of Kazakhstan, with issue of the relevant documents and the state registration registration plates;

7-2) carrying out obligatory technical inspection of motorized vehicles and the trail cars to them registered in bodies of military police;

7-3) production on cases on administrative offenses within the competence established by the laws of the Republic of Kazakhstan;

8) implementation of other tasks assigned to them by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Besides, tasks of bodies of military police of Committee of homeland security are:

1) production of pre-judicial investigation on cases on the criminal offenses made by military personnel and the staff of special state bodies according to the criminal procedure legislation of the Republic of Kazakhstan;

2) production on cases on administrative offenses (regarding the road traffic offenses made by persons managing vehicles of special state bodies);

3) protection of objects of Committee of homeland security, including with use of arms, special means, security systems and other technical means, and also providing on the specified objects of the throughput and inside modes according to the procedure and the limits determined by the Chairman of Committee of homeland security of the Republic of Kazakhstan.

Task of bodies of military police of Armed Forces of the Republic of Kazakhstan also is implementation of internal control behind the organization of service of daily details, internal and garrison services in military units of Armed Forces of the Republic of Kazakhstan.

Article 6. Interaction and cooperation of bodies of military police with state bodies and organizations, officials

1. Bodies of military police perform the activities in interaction with law enforcement and other state bodies of the Republic of Kazakhstan in the limits set by the legislation and mutually inform each other on the questions which are within their competence.

The procedure for the organization and implementation of interaction of bodies of military police with state bodies, their structural divisions and the subordinated organizations is determined by joint regulatory legal acts of the relevant state bodies.

2. Command of military forming, bodies of military management and the military personnel shall render assistance to bodies of military police in the solution of the tasks assigned to them.

Chapter 2. Powers of bodies of military police

Article 7. Powers of bodies of military police of National guard of the Republic of Kazakhstan

Powers of bodies of military police of National guard of the Republic of Kazakhstan regarding production of pre-judicial investigation extend to the military personnel of governing bodies and military units of civil defense of authorized body in the field of civil protection.

Article 7-1. Powers of bodies of military police of Committee of homeland security

1. Powers of bodies of military police of Committee of homeland security regarding production of pre-judicial investigation extend to military personnel and the staff of special state bodies.

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