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

of March 29, 2016 No. 313

About approval of the Instruction on the organization of activities of divisions of law-enforcement bodies for control in the field of turnover of civil and office weapon

(as amended on 27-07-2021)

According to the subitem 26) Item 16 of the Regulations on the Ministry of Internal Affairs of the Republic of Kazakhstan No. 607 of PRIKAZYVAYU approved by the order of the Government of the Republic of Kazakhstan of June 22, 2005:

1. Approve the enclosed Instruction on the organization of activities of divisions of law-enforcement bodies on control in the field of turnover of civil and office weapon according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of Internal Affairs of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to committee of administrative police 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 in the Ministry of Justice of the Republic of Kazakhstan the direction it on official publication in periodic printing editions and in information system of law of Ad_let;

3) within five working days after receipt of the conclusion of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy 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;

4) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Turgumbayev E. Z. and Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.).

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

Minister police colonel general

K. Kasymov

Appendix 1

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 29, 2016 No. 313

The instruction on the organization of activities of divisions of law-enforcement bodies on control in the field of turnover of civil and office weapon

Chapter 1. General provisions

1. This Instruction determines the main directions, activities of law-enforcement bodies (further – Department of Internal Affairs) by control of turnover of the civil, office and award weapon, and also civil pyrotechnic substances and products registered in Department of Internal Affairs with their application.

2. The organization and coordination of activities of services of the Department of Internal Affairs for control of turnover registered in Department of Internal Affairs of civil, office and award weapon and also civil pyrotechnic substances and products with their application is performed by the divisions on control of turnover of civil and office weapon (further – KOGSO) which are part of administrative police of Department of Internal Affairs.

The organization and coordination of activities of services of Department of Internal Affairs for identification of arms trafficking is performed by divisions of criminal police of Department of Internal Affairs.

3. Single system of the control of turnover registered in Department of Internal Affairs of civil, office and award weapon, and also civil pyrotechnic substances and products with their application divisions of KOGSO of Committee of administrative police (further - KAP) form the Ministries of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs), Departments of police of areas, cities of republican value, the capital and on transport (further - DP(T), city, district and linear managements, police stations (further - GOROP, LU(O)P).

Chapter 2. Organization of activities of divisions KOGSO

4. Activities of divisions of KOGSO will be organized by the principle of interaction with other services of Department of Internal Affairs and the relevant state bodies.

5. Divisions of KOGSO in the activities are guided by regulatory legal acts of the Republic of Kazakhstan and the international acts in the field of control of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application.

6. Within the competence divisions of KOGSO exercise control of turnover, the civil, office and award weapon, and also civil pyrotechnic substances and products registered in Department of Internal Affairs with their application within which:

1) develop, together with other divisions and services of Department of Internal Affairs drafts of orders and methodical recommendations, and also the practical and organizational actions directed to control of turnover, the civil, office and award weapon, and also civil pyrotechnic substances and products registered in Department of Internal Affairs with their application and prevention of crimes using the weapon registered in Department of Internal Affairs and also its thefts and loss.

Documents of methodical nature are published taking into account requirements of the legislation in the field of turnover of civil and office weapon;

Performs 2) on permanent basis the analysis of data on crime condition using the civil and office weapon registered in Department of Internal Affairs by results takes measures for their non-admission.

The analysis of data on condition of crime using the unregistered weapon in Department of Internal Affairs, and also about unsolved crimes using weapon is performed by divisions of criminal police of Department of Internal Affairs.

Monthly by the end of the accounting period, the staff of divisions of KOGSO and criminal police performs exchange of information about crime condition using weapon.

On each fact of crime execution using the weapon registered in Department of Internal Affairs, theft and loss of civil and office weapon and cartridges to it office investigation according to requirements of Rules of conducting office investigation in the law-enforcement bodies of the Republic of Kazakhstan approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of May 27, 2011 No. 246 is made (it is registered in the Register of state registration of regulatory legal acts No. 7032);

3) exercise control on observance of requirements of the legislation of the Republic of Kazakhstan by physical persons and legal entities in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application;

4) is checked at physical persons of permission to storage, storage and carrying civil weapon, and also by other documents necessary for check of observance of requirements of the legislation for turnover of civil weapon and cartridges to it and civil pyrotechnic substances and products with their application (salutes, fireworks for holding cultural events), according to requirements of the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 (further – the RK PC);

5) are caused in Department of Internal Affairs of physical persons and representatives of legal entities on the materials and cases which are in production, for receipt from them of explanations and indications, documents, their copies;

6) perform places of development, production, repair, storage, use, destruction, trade, collecting and exhibiting of civil and office weapon and cartridges to it, their main components, and also places of development, production, storage, trade and use of civil pyrotechnic substances and products with their application (salutes, fireworks for holding cultural events);

7) establish reliability of the data containing in the documents submitted for decision making about issue of licenses and permissions in spheres of turnover of civil and office weapon and cartridges to it and also civil pyrotechnic substances and products with their application (salutes, fireworks for holding cultural events);

8) perform activities of the legal entities who are engaged in trade in civil and office weapon and cartridges to it according to requirements of the RK PC;

9) withdraw in the cases provided by the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon" (further – the Law) weapon, cartridges to weapon, the main and components to them;

10) demand from physical persons or legal entities of submission of documents or their copies, the written or oral information necessary for accomplishment of control functions;

11) is brought to physical persons and legal entities by instructions, obligatory for execution, idea of elimination of the revealed abuses of regulations of turnover of civil and office weapon, cartridges to weapon;

12) limit traffic in weapons in the procedure established by the legislation of the Republic of Kazakhstan and apply other measures provided by the Law;

13) in case of identification of violations take measures for suspension of action of licenses and permissions, their deprivation, and also other measures provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" (further – KRK about AP) and the Criminal Code of Kazakhstan of July 3, 2014;

14) refuse rendering the state services according to the legislation of the Republic of Kazakhstan.

7. Departmental control, behind activities of divisions of KOGSO perform:

in central office of the Ministry of Internal Affairs - the deputy minister of internal affairs supervising KAP, the vice-chairman of KAP supervising Management of KOGSO;

in DP(T) deputy chiefs of DP(T) the supervising Managements of administrative police (further - UAP), chiefs of UAP, deputy chiefs of UAP the supervising divisions of KOGSO;

in GOROP (LU(O)P) deputy chiefs of GOROP (LU(O)P) the supervising OAP, chiefs of OAP, deputy chiefs of OAP the supervising divisions of KOGSO.

8. Divisions of KOGSO within the competence:

1) render the state services according to the Register of the state services approved by the order of the acting minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of January 31, 2020 No. 39/Tax Code (it is registered in the Register of state registration of regulatory legal acts No. 19982).

In divisions KOGSO DP (T), GOROP and LU (O)P the order of the chief of Department of Internal Affairs is appointed the responsible for rendering the state services in the field of turnover of civil and office weapon and cartridges to it, and also civil pyrotechnic substances and products with their application.

For the purpose of identification, elimination and non-admission of violations of requirements of the legislation of the Republic of Kazakhstan in the field of rendering the state services, KOGSO'S divisions of the Ministry of Internal Affairs and DP(T), according to requirements of the order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of December 8, 2016 No. 78 "About approval of Rules of the state control of quality of rendering the state services" (it is registered in the Register of state registration of regulatory legal acts No. 14740) internal control behind quality of rendering the state services in the form of control action and monitoring of quality of rendering the state services is exercised;

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