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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE KYRGYZ REPUBLIC

of April 8, 2016 No. 367

About approval of the Instruction on production organization on cases on administrative offenses in divisions of Head department of patrol militia of the Ministry of Internal Affairs of the Kyrgyz Republic

For the purpose of the organization and enhancement of activities of divisions of Head department of patrol militia of the Ministry of Internal Affairs of the Kyrgyz Republic for cases on administrative offenses, I order:

1. Approve the Instruction on production organization on cases on administrative offenses in divisions of Head department of patrol militia of the Ministry of Internal Affairs of the Kyrgyz Republic (appendix 1).

2. To chiefs of GUPM, GUOB, UVDT, Academy, the Ministry of Internal Affairs of the Kyrgyz Republic on Osh and the Osh region, the Municipal Department of Internal Affairs and Chuy Region, the Department of Internal Affairs of areas to organize Bishkek:

- studying of requirements of this order by staff of entrusted divisions of Department of Internal Affairs of the republic;

- commission acceptance of offsettings with the report on results in GUPM Ministry of Internal Affairs of the Kyrgyz Republic.

3. To provide to the chief of GUPM Ministry of Internal Affairs of the Kyrgyz Republic:

- order placement on production of the documents and special forms provided by this order in Ministry of Internal Affairs GUFHO typography of the Kyrgyz Republic;

- production of this order by typographical method in number of 300 copies.

4. Declare invalid the order of the Ministry of Internal Affairs of the Kyrgyz Republic No. 848 of 06.11.2012 "About approval of the Instruction on production organization on cases on the administrative offenses encroaching on safety rules of traffic and operation of vehicles".

5. Announce the order to all staff of Department of Internal Affairs of the Kyrgyz Republic.

6. Control of execution of requirements of this order to assign to the deputy minister of internal affairs of the Kyrgyz Republic of the militia colonel Orozaliyev A. K.

Minister

M. Turganbayev

Appendix 1

to the Order of the Ministry of Internal Affairs of the Kyrgyz Republic of April 8, 2016 No. 367

Instruction on production organization on cases on administrative offenses in divisions of Head department of patrol militia of the Ministry of Internal Affairs of the Kyrgyz Republic

1. General provisions

1. The general procedure for production is determined by the Code of the Kyrgyz Republic about the administrative responsibility by cases on administrative offenses (further - the Code) and this Instruction on production organization on cases on administrative violations in divisions of Head department of patrol militia of the Ministry of Internal Affairs of the Kyrgyz Republic (further - the Instruction).

2. This Instruction determines operations procedure of staff of law-enforcement bodies (further - Department of Internal Affairs) the Kyrgyz Republic of the law-enforcement functions of Department of Internal Affairs connected with realization in the field of ensuring public order and traffic safety.

3. In case of discrepancies between provisions of this Instruction, requirements of the Code and other regulatory legal acts it is necessary to be guided by procedure stipulated in Article 6 Constitutions of the Kyrgyz Republic, Articles 6, of 9, of 10, of 31, 32 and 36 Laws of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic".

4. Production tasks on cases on administrative offenses are: timely, comprehensive, complete and objective clarification of circumstances of each case, permission it in strict accordance with the legislation, ensuring execution of the issued decree, and also identification of the reasons and conditions promoting making of administrative offenses, the prevention of offenses, education of citizens in the spirit of compliance with laws, legality strengthening (article 547 of the Code).

5. Realization of law-enforcement functions of Department of Internal Affairs in the field of ensuring public order and traffic safety is performed according to the Constitution of the Kyrgyz Republic, the Code of the Kyrgyz Republic about the administrative responsibility, the laws and other regulatory legal acts of the Kyrgyz Republic, international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, departmental acts of the Kyrgyz Republic, and also this Instruction.

6. Execution of law-enforcement functions of Department of Internal Affairs in the field of ensuring public order and traffic safety is performed according to Art. 511 of the Code:

6.1. Head department of patrol militia (further - GUPM) the Ministries of Internal Affairs of the Kyrgyz Republic - in all territory of the Kyrgyz Republic;

6.2. Managements and departments of patrol militia (further - UPM, OPM), the GUPM territorial subdivisions within the cities, areas of the Kyrgyz Republic front divisions of traffic safety - platoons, companies, battalions, shelves of regional governments of Department of Internal Affairs of areas, and also Bishkek and Osh - within the respective regions of the Kyrgyz Republic and zones of responsibility of the relevant divisions.

7. Execution of law-enforcement functions is performed by the staff of divisions of GUPM (their front divisions), representatives, in compliance with the legislation of the Kyrgyz Republic, to constitute protocols on administrative offenses in the field of ensuring public order and traffic safety, and also, within the powers, local militia inspectors.

8. The staff of other divisions of Department of Internal Affairs of the Kyrgyz Republic can perform, within the competence, law-enforcement functions in the field of ensuring public order and traffic safety based on administrative acts of heads of Department of Internal Affairs, together with the staff of divisions of GUPM, when holding special events aimed at providing public order and safety.

9. Independently the staff of other divisions of Department of Internal Affairs of the Kyrgyz Republic has no right to perform functions on traffic safety.

10. Creation of administrative material about administrative offense in the field of ensuring public order and traffic safety is performed by the staff of Department of Internal Affairs of the republic, according to their powers established by the legislation of the Kyrgyz Republic.

11. For the purpose of prevention and suppression of offense, detention of faces of suspects of its making, in case of the appeal to Department of Internal Affairs of citizens with statements for the events menacing to personal or public security or in cases of direct detection of such events, the stop of vehicles, pedestrians can be performed by the employee of Department of Internal Affairs in the territory of the Kyrgyz Republic, irrespective of post, the location and time. At the same time the subsequent actions of this employee of Department of Internal Affairs are performed according to Item 1.6 of this Instruction.

12. Law-enforcement activities of Department of Internal Affairs of the Kyrgyz Republic in the field of ensuring public safety and traffic safety are directed to strengthening public procedure, discipline on transport, strengthening of fight against breakers of rules of traffic safety and operation of vehicles (further - Rules), protection of life, health and property of citizens, protection of their rights and legitimate interests, and also protection of interests of society and state by the prevention of the road accidents (further - road accident), decrease in weight of their effects, identification and suppression of the offenses encroaching on Rules.

13. Production on cases on administrative violations is performed on the basis of observance of requirements of the legislation of the Kyrgyz Republic by application of corrective actions for disorderly conduct and Governed the officials of Department of Internal Affairs authorized on that and the ensuring systematic control from higher officials and bodies, public prosecutor's supervision established by the legislation by other methods.

14. Perpetrators bear responsibility according to the legislation of the Kyrgyz Republic for violation of requirements of this Instruction.

2. Production on cases on the administrative offenses encroaching on public order and traffic safety

15. Reasons for initiation of proceedings about administrative offense are the basis provided by Art. 547-1 of the Code.

Case on administrative offense is considered got, and production on it - begun with the moment of creation of the protocol on administrative offense or administrative detention of person brought to the administrative responsibility.

16. Proceeedings about administrative offense cannot be begun, and the begun case is subject to the termination in the presence of circumstances provided by Art. 549 of the Code.

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