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

of March 16, 2015 No. 220

About approval of the Instruction on the organization of activities and to implementation of procedural control of work of staff of divisions of the investigation and inquiry of law-enforcement bodies of the Republic of Kazakhstan

For the purpose of the organization of activities of divisions of the investigation, inquiry and military investigating bodies, and also being guided by the subitem 10) of Item 2 of article 9 of the Law of the Republic of Kazakhstan "About law-enforcement bodies of the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Instruction on the organization of activities and implementation of procedural control of work of staff of divisions of the investigation and inquiry of law-enforcement bodies of the Republic of Kazakhstan.

2. (Amirov M. S.) in the procedure established by the legislation to provide to investigative department of the Ministry of Internal Affairs of the Republic of Kazakhstan:

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

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on the Internet - resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. To impose control of execution of the order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Zhakupov R. T. and Investigative department of the Ministry of Internal Affairs of the Republic of Kazakhstan (Amirov M. S.).

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

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 6, 2018 No. 267

Instruction on the organization of activities and implementation of procedural control of work of staff of divisions of the investigation and inquiry of law-enforcement bodies of the Republic of Kazakhstan

Chapter 1. General provisions

1. This Instruction is developed according to the Criminal Code of Kazakhstan (further - UK), the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), the Law of the Republic of Kazakhstan "About law-enforcement bodies of the Republic of Kazakhstan" (further - the Law), other regulatory legal acts and establishes procedure for the organization of activities and procedural control of divisions of the investigation and inquiry of law-enforcement bodies.

2. For the purposes of this Instruction the following main terms and their determinations are applied:

1) procedural control - system of the measures directed to effective implementation of tasks of criminal procedure in case of pre-judicial investigation;

2) technique - certain area of the systematized knowledge resolving issues of providing the organization of pre-judicial investigation by development and implementation of the most optimum and effective recommendations;

3) methodical providing - management process of selection, accumulation, transfer and preserving valuable professional information in the field of pre-judicial investigation by means of which use of progressive ideas, recommendations, innovative the practician and techniques in office activities of divisions of the investigation and inquiry is provided;

4) methodical recommendations and information letters - the documents of methodical nature of interdepartmental or interdepartmental use prepared by results of generalization of investigative and court practice, studying of separate criminal cases or questions of law-enforcement practice;

5) the best practices - positive experience of investigative work which generalization and distribution is performed for the purpose of increase in professional level and overall performance of the investigator, the investigator (division), the solution of the tasks set for it and the arising problems, remedial action in activities of the investigative device and increase in its role in fight against crime.

6) the investigative office of law-enforcement bodies - system of investigative divisions: Investigative department (further - SD) in central office of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs) and in territorial authorities of internal affairs - investigation departments, departments, departments, groups;

7) regular inquiry - Management of the organization of work of inquiry of SD Ministry of Internal Affairs in central office, managements (departments, departments, groups) inquiries in territorial authorities of police.

Chapter 2. Organization of activities of the investigative device and inquiry of law-enforcement bodies

3. Within competence of division of the investigation and inquiry perform functions of criminal prosecution.

4. Procedural and departmental control of the investigative device and inquiry performs:

in central office of police - the deputy minister of internal affairs supervising the investigation, the chief of SD Ministry of Internal Affairs and its deputies, chiefs of managements of SD Ministry of Internal Affairs and their deputies, chiefs of departments;

in departments of police of the cities of republican value, areas, the capitals and on transport (further - DP), city and district managements (departments), linear Departments of Internal Affairs (further - gorraylinorgana) - the deputy chief of DP supervising the investigation, the chief of investigation department and management of inquiry, his deputies, chiefs of departments.

5. The main objectives of procedural control are:

1) ensuring compliance with regulations of the criminal procedure legislation;

2) improvement of quality of pre-judicial investigation, rendering the methodical and practical help in investigation of offenses;

3) identification of negative tendencies in investigative practice and acceptance of timely forms and methods of the organization of pre-judicial investigation;

4) the organization of interaction of investigative divisions and other services of law-enforcement bodies, including with other state bodies and other organizations when implementing pre-judicial investigation.

6. The main forms and methods of procedural control are:

studying of the investigators and investigators of criminal cases who are in production, giving instructions for them about carrying out investigative and other legal proceedings, adoption of proceeding decisions;

introduction of the petition to the prosecutor about cancellation of unreasonable resolutions of investigators, body of inquiry;

monitoring of daily operational reports;

statement of criminal cases on control;

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