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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 27, 2015 No. 748

About approval of the Procedure of the drive

For the purpose of determination of procedure for the drive of persons brought to the administrative responsibility according to article 561 of the Code of the Kyrgyz Republic about the administrative responsibility the Government of the Kyrgyz Republic decides:

1. Approve drive Procedure according to appendix.

2. To the Ministry of Internal Affairs of the Kyrgyz Republic:

- bring the decisions into accord with this resolution;

- take measures for implementation of actions, following from this resolution.

3. To impose control of execution of this resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

4. This resolution becomes effective after ten days from the date of official publication.

Prime Minister

T. Sariyev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of October 27, 2015, No. 748

Drive procedure

1. General provisions

1. This Procedure determines rules of implementation of the drive of persons concerning which case on administrative offense is considered.

2. The drive is one of measures of law enforcement of proceeedings about administrative offense.

3. Physical persons or legal representatives of the legal entity concerning which proceeedings about administrative offense, legal representatives of the minor brought to the administrative responsibility who were not on challenge of person conducting administrative proceeedings without reasonable excuse are conducted are exposed to the drive.

4. About availability of the reasonable excuses interfering appearance on challenge in the appointed time, person who received the agenda shall notify the court or body conducting administrative production.

5. The basis for implementation of the Kyrgyz Republic by law-enforcement bodies (further - Department of Internal Affairs) the drive is the arrived determination of the official considering case on administrative offense in form according to appendix 1 to this Procedure.

6. Minors aged up to sixteen years, expectant mothers, persons with limited opportunities of health are not subject to the drive, patients who for health reasons cannot or shall not leave the place of the stay that shall be certified by the doctor, or persons having obviously expressed signs of the disease which is interfering their drive and also did not receive in accordance with the established procedure the notification on appearance to the official considering case on administrative offense.

7. The drive cannot be made at night from twenty to six o'clock local time.

2. Procedure of the administrative drive

8. The arrived determination about the drive is considered by the chief of territorial, line or subordinated subdivision of Department of Internal Affairs or the authorized order of the corresponding head the employee of this division (further - the authorized person).

9. In case of receipt of determination about the drive the authorized person will organize verification of the information about person who is subject to the drive specified in it and also takes measures to establishment of its actual location. If necessary the face which is subject to the drive is in accordance with the established procedure checked on the available accounting of Department of Internal Affairs.

10. If in determination about the drive there are no separate data allowing to identify person who is subject to the drive or the place of its stay and it is not possible to fill them, the authorized person immediately informs on it the initiator of the drive.

11. In that case when person or his representative specified in determination about the drive are in the territory of servicing of other Department of Internal Affairs, the authorized person to which implementation of the drive is entrusted makes the decision:

- about the direction of determination about the drive for execution on territoriality, with the subsequent notification of the initiator of the drive;

- about implementation of the drive in the territory of servicing of other division of Department of Internal Affairs, with the subsequent direction of the notification in the specified division of Department of Internal Affairs.

12. For implementation of the drive the authorized person directs determination about the drive to the employee of Department of Internal Affairs in the territory of which administrative site there is person which is subject to the drive.

13. In case of need, according to the solution of management of the relevant division of Department of Internal Affairs for implementation of the drive the group (job specification) of staff of Department of Internal Affairs which list and number are determined proceeding from the specific conditions necessary for execution of determination about the drive can be directed.

14. The authorized person without fail instructs the employee of Department of Internal Affairs or the senior of group (job specification) of staff of Department of Internal Affairs and hands it determination about the drive.

15. Members of public forming on protection of law and order, officials of executive bodies, representatives of administration of the companies, organizations, organizations for place of employment, residence or study of person which is subject to the drive can be attracted on voluntary basis for assistance to the staff of Department of Internal Affairs in implementation of the drive.

16. The staff of Department of Internal Affairs performing the drive shall identify authentically the personality of person subjected to the drive based on the data (surname, name, middle name, year of birth and the location) which are available in determination about the drive.

17. After establishment of person which is subject to the drive, the employee of Department of Internal Affairs or the senior of group (job specification) announces to it under list determination the drive. In case of refusal from the signature of person which is subject to the drive, the employee of Department of Internal Affairs or the senior of group (job specification) performing the drive in determination about the drive make the corresponding entry.

18. The staff of Department of Internal Affairs performing the drive shall not allow the actions degrading honor and advantage of person which is subject to the drive. They shall show vigilance, especially in case of escort of person subjected to the drive to exclude cases of evasion it from appearance to the place of challenge either causing to itself or people around of any harm.

19. Person which is exposed to the drive is brought to the place specified in determination about the drive and is given to the official considering case on administrative offense.

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