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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2015 No. 151

About approval of Rules of use of information exchange system of law enforcement, special state and other agencies

(as amended on 15-02-2021)

According to article 16-1 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting", I ORDER:

1. Approve the enclosed Rules of use of information exchange system of law enforcement, special state and other agencies.

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

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 within ten calendar days after its state registration;

3) the direction of this order in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days after its state registration;

4) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

5) the direction of this order to the interested subjects of legal statistics and special accounting, and also to territorial authorities of Committee for execution.

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

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

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

It is approved

Minister of investments and development of the Republic of Kazakhstan

"__" ________ 2015

 

____________ A. Isekeshev

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of December 22, 2015 No. 151

Rules of use of information exchange system of law enforcement, special state and other agencies

1. General provisions

1. These rules of use of information exchange system of law enforcement, special state and other agencies (further - Rules) determine:

1) procedure for receipt of electronic information resources from information exchange system of law enforcement, special state and other agencies (further - SIO PSO, System) the staff of law enforcement, special state and other agencies for receipt of information within criminal, civil, administrative, search cases and enforcement proceeding;

2) registration of users of SIO PSO;

3) procedure for the direction of electronic request in SIO PSO;

4) terms, procedure and storage conditions of information obtained by means of SIO PSO.

2. Procedure for receipt of electronic information resources from SIO PSO

2. Receipt of electronic information resources from SIO PSO is performed by the users registered in System by means of the Single transport circle of state bodies with use of means of the digital signature of National certification center of the Republic of Kazakhstan (further - the EDS of NUTs) according to the List of cast of SIO PSO on the bases, in form according to appendix 1 to these rules (further - the List), to Access rights to services, in form according to appendix 2 to these rules and the List of Articles for request on criminal cases on economic crimes, in form according to appendix 3 to these rules.

3. The request for receipt of electronic information resources from SIO PSO in electronic form, is equivalent to the paper document.

4. The basis for receipt of information from SIO PSO is the request, with indication of number of criminal, civil, administrative, search case and enforcement proceeding.

5. Justification of request is subject to check of SIO PSO by the operator by reconciliation in the automated information systems "Special Accounting" (further - AIS SU), "Bodies of enforcement proceeding" (further - AIS OIP), "The unified register of pre-judicial investigations" (further - ERDR) availability in production of the user of the materials which became the basis for initiation of request, except for to part 2 of Item 22 of these rules.

6. Users of SIO PSO provide justification of request, use of the acquired information is exclusive for the purpose of, declared in request, and also compliance with law of the Republic of Kazakhstan personal data and their protection.

7. Access to SIO PSO to law enforcement, special state and other agencies of the Republic of Kazakhstan is provided in case of observance of the Requirements to users and personal computers stated in annex 4 to these rules.

8. Receipt of data from electronic information resources by means of information systems of state bodies (further - IS GO) is performed by integration of IS GO and SIO PSO.

3. Registration of users of SIO PSO

9. The officials responsible for ensuring justification of requests, the organization of work with the electronic information resources received from SIO PSO and their use are determined by heads of these bodies.

10. Officials provide departmental control of justification of requests in SIO PSO.

11. Departmental control consists in periodic, but once a month, monitoring of requests by means of functionality "Reports" in which all requests of subordinated employees are displayed suffices.

12. In case of violation of requirements of the legislation in the field of the information security and requirements specified in these rules, the specified officials take measures for blocking of access and consideration of question of responsibility, the stipulated by the legislation Republic of Kazakhstan.

13. The user through the portal sends to Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - КПСиСУ) the electronic request for the organization of access to "Information exchange system of law enforcement, special state and other agencies" in form, according to appendix 5 to these rules (further - the Request).

14. The operator Sistemy within a day from the moment of receipt of the Request determines role of the user in SIO PSO according to the Request, availability of registration of the user in SIO PSO, or directs the motivated refusal in registration signed by means of the EDS of NUTs registered on КПСиСУ by means of the SIO PSO portal. In case of receipt of the request for blocking of the user Sistema the operator of SIO PSO without delay blocks access for this user.

15. In case of change of the rights of the user because of transfer into other position or division the user within a day sends the electronic Request to SIO PSO.

16. In case of dismissal of the employee, discharge from position the responsible official of law enforcement, special state and other agency without delay sends the request for blocking of the user to SIO PSO.

17. In case of primary entrance the user signs the Agreement on rights to use of SIO PSO on form according to appendix 6 to these rules means of the EDS of NUTs. The electronic signed agreement and signature date are fixed in System.

4. Procedure for the direction of electronic request in SIO PSO

18. The entrance to SIO PSO begins with passing by the user Sistemy of the procedure of authentication which is performed by means of the EDS of NUTs of the user.

19. The user Sistemy who successfully underwent authentication in the presence of the signed agreement electronically gets access to SIO PSO and possibility of sending request on the services realized in SIO PSO.

20. For receipt of primary data on physical person or legal entity the user of SIO PSO sends inquiry within the basis "primary check" according to the List and Access rights to services.

21. In case of departure of request within criminal case, the user Sistemy, including members of operational-investigations groups, specifies number of criminal case assigned by the ERDR system.

22. In case of the direction of investigative orders for execution in other criminal prosecution authorities and orders of the prosecutor about collection of additional data on the criminal case considered by court filling of number of criminal case and reference number of the corresponding order is obligatory.

In case of execution of the international orders about rendering legal assistance on criminal cases, the user Sistemy specifies reference number of the order, body the directed order, and also reference number of the cover letter of the authorized body of the Republic of Kazakhstan which made the decision on execution of the order. In these cases access to data in the amount provided within criminal case is provided.

23. In case of departure of request within administrative case by law enforcement and special state bodies, the user Sistemy specifies number of administrative case assigned by the AIS SU system.

24. Judicial authorities get access to the SIO PSO information resources by interaction of the Single automated information and analytical system of judicial authorities of the Republic of Kazakhstan (further - EAIAS FROM RK) with SIO PSO, within the considered criminal, civil, administrative cases and other exceptional cases provided by the current legislation.

25. In case of departure of request within administrative case by judicial authorities, the user Sistemy specifies number of administrative case, accounting year, the judicial authority which made the decision registered in EAIAS FROM RK. In case of departure of request within civil case by judicial authorities, the user Sistemy specifies number of civil case, accounting year, the judicial authority which made the decision registered in EAIAS FROM RK.

26. In case of departure of request within search case the user Sistemy specifies number of search case assigned by the AIS SU system.

27. In case of sending an inquiry within enforcement proceeding, the user Sistemy specifies the end-to-end number of enforcement proceeding assigned by the AIS OIP system.

28. Receipt of the sanction of court in electronic form is implemented by interaction of SIO PSO and EAIAS FROM RK.

29. Fixing of all parameters in use of SIO PSO is made on time of the city of Astana.

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