of October 13, 2016 No. 7
About approval of regulations on territorial authorities of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption
According to the subitem 12) of Item 22 of the Regulations on the Agency of the Republic of Kazakhstan for public service and to anti-corruption approved by the Presidential decree of the Republic of Kazakhstan of October 5, 2016 No. 349, I ORDER:
1. Approve:
1) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on Akmola area according to appendix 1 to this order;
2) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the Aktyubinsk region according to appendix 2 to this order;
3) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across Almaty region according to appendix 3 to this order;
4) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on Atyrau area according to appendix 4 to this order;
5) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across the East Kazakhstan region according to appendix 5 to this order;
6) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on Jambyl area according to appendix 6 to this order;
7) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across the West Kazakhstan region according to appendix 7 to this order;
8) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across the Karaganda region according to appendix 8 to this order;
9) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across the Kostanay region according to appendix 9 to this order;
10) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on Kyzylorda area according to appendix 10 to this order;
11) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across Mangystau Region according to appendix 11 to this order;
12) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption across the Pavlodar region according to appendix 12 to this order;
13) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the North Kazakhstan area according to appendix 13 to this order;
14) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the Turkestan region according to appendix 14 to this order;
15) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the city of Astana according to appendix 15 to this order;
16) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the city of Almaty according to appendix 16 to this order;
17) Regulations on Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the city of Shymkent according to appendix 17 to this order.
2. No. 72 is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of 05.04.2017
3. To heads of territorial authorities of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption to take the adequate measures following from this order.
4. To impose control of execution of this order on the head of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of Tatubayev T. M.
5. This order becomes effective from the date of its signing.
The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption
K. Kozhamzharov
Appendix 1
to the Order of the chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of October 13, 2016 No. 7
1. The department of National bureau on anti-corruption (Anti-corruption service) on Akmola area (further – Department) is the territorial authority of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption performing realizable functions on identification, suppression, disclosure and investigation of corruption criminal offenses and also other functions according to the legislation of the Republic of Kazakhstan.
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, this Provision, and also the international treaties ratified by the Republic of Kazakhstan.
3. The department is legal entity in form of business of republican public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury of the Ministry of Finance of the Republic of Kazakhstan.
4. The department enters the civil relations from own name.
5. The department acts as the party of the civil relations on behalf of the state if it is authorized according to the legislation of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 000020, Akmola area, city of Kokshetau, Ulitsa M. Gorkogo, 71.
9. Full name of Department: Republican public institution "Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on Akmola area".
10. This Provision is the constituent document of Department.
11. Financing of Department is performed from means of the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
If the Department is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.
13. Tasks of Department:
1) protection of the rights, freedoms and legitimate interests of physical persons and legal entities, societies and states;
2) participation in development and realization of state policy concerning identification, suppression, disclosures and investigations of corruption offenses;
3) identification, suppression, disclosure and investigation of corruption criminal offenses;
14. Functions of Department:
1) development of suggestions for improvement of the regulatory legal base in the sphere of anti-corruption;
2) participation in preparation of the National report on anti-corruption in the Republic of Kazakhstan;
3) acceptance, registration and consideration of the applications, messages and other information on criminal offenses;
4) conducting pre-judicial investigation in the form of pretrial investigation, inquiry and protocol form;
5) safety of persons who are involved in criminal trial;
6) organization and implementation of operational search activities;
7) use of special and other technical means during secret investigative actions, general and special investigation and search operations;
8) financial and material equipment of operational search activities, within the budgetary funds allocated to Department for these purposes;
9) establishment of the location and detention of the persons who are wanted, absconded, inquiries or vessels;
10) implementation of production on cases on the administrative offenses connected with ensuring criminal procedure activities, according to the procedure, established by the Code of the Republic of Kazakhstan "About administrative offenses";
11) implementation of monitoring of realization of the property seized on criminal cases about corruption crimes and acquired on the money earned in the criminal way with the subsequent publication of information on its address to the income of the state;
12) the analysis of criminogenic situation in the social and economic sphere regarding identification of corruption offenses;
13) execution of the petitions and requests arriving from other law enforcement and special bodies;
14) interaction within the competence with other state bodies, the organizations for identification, suppression, disclosure and investigation of corruption offenses;
15) realization of information security policy, providing and enhancement of technical and information activities of Department;
16) use of the information systems providing the solution of the tasks assigned to Department concerning investigative operational activity;
17) providing mode of protection of office buildings of Department and access control;
18) accounting and control of safety of weapon, the ammunition, special remedies consisting on arms of Department;
19) mobilization preparation, increase in stability of work of Department in case of emergency situations in peace and wartime;
20) ensuring protection of the state secrets and observance of the mode of privacy;
21) prevention, the prevention and suppression of offenses among staff of Department;
22) implementation of other functions, stipulated by the legislation Republic of Kazakhstan.
15. Rights of Department:
1) to carry out the analysis of practice of operational search and investigative activities, pre-judicial investigation for corruption crimes;
2) to take part in development and implementation of program documents on anti-corruption;
3) to develop and bring to the head of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption (further – National bureau) suggestions for improvement of the regulatory legal base in the sphere of anti-corruption;
4) to carry out investigative actions, to make proceeding decisions and to perform investigation and search operations according to the procedure, stipulated by the legislation the Republic of Kazakhstan;
To bring 5) to the state bodies, the organizations or persons performing in them managerial functions, ideas of taking measures to elimination of circumstances or other violations of the law according to the procedure established by the criminal procedure legislation of the Republic of Kazakhstan;
6) to withdraw or make seizure of documents, goods, objects or other property according to the criminal procedure legislation and (or) the legislation on administrative offenses;
7) to demand production of audits, tax and other audits, the state audit and assessment from authorized bodies and officials in cases, stipulated by the legislation the Republic of Kazakhstan;
8) to use the corresponding temporary detention centers, pre-trial detention centers according to the procedure, stipulated by the legislation the Republic of Kazakhstan;
9) to request and receive from state bodies, the organizations, official and physical persons necessary information and materials according to the procedure, established by the legislation of the Republic of Kazakhstan;
To subject 10) on the criminal cases which are available in production to the drive of persons evading from appearance on challenge;
11) to escort the detainees and persons taken into custody;
12) to encourage persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption;
13) to perform interaction with state bodies and the organizations, law enforcement and special state bodies on the questions entering competence of Department, providing exchange of information, including electronic method according to the procedure, established by the legislation of the Republic of Kazakhstan;
14) according to the legislation of the Republic of Kazakhstan to use the information systems providing the solution of the tasks assigned to Department, to organize research during pre-judicial investigation, production on cases on administrative offenses according to the legislation of the Republic of Kazakhstan;
15) to carry, store and use fire and other weapon and special means, and also if necessary to use physical force, including fighting acceptances of fight in the procedure established by the legislation of the Republic of Kazakhstan;
16) to wear uniform on duty;
17) to take measures for ensuring internal security and respecting the rule of law in activities of employees (workers) of Department;
18) to make in courts claims according to the legislation of the Republic of Kazakhstan;
19) to perform other rights, stipulated by the legislation.
16. Obligations of Department:
1) to observe legality in case of acceptance, registration, accounting and consideration of the applications, messages, claims and other information on offenses;
To accept 2), to register and consider applications and messages on the committed or preparing crimes, to timely take measures for their suppression, disclosure, detention of persons which made them and to non-admission of socially dangerous acts;
3) within competence of Department to provide identification, suppression and disclosure of crimes by implementation of general and special investigation and search operations, secret investigative actions, to fixing of their results for use in criminal procedure;
4) to perform inquiry pretrial investigation according to the procedure, provided by the criminal procedure legislation of the Republic of Kazakhstan;
5) to consider and store criminal cases on which terms of pre-judicial investigation are interrupted physical evidences on criminal cases, and also cases of operational accounting and secret investigative actions;
6) to consider acts of public prosecutor's reaction and court resolutions;
7) to perform productions on cases on the administrative offenses connected with ensuring criminal procedure activities, according to the procedure, established by the Code of the Republic of Kazakhstan "About administrative offenses";
8) to hold events for establishment of the location and detention of persons who are wanted;
9) to observe office discipline and the mode of privacy when implementing the activities;
10) to participate in preparation, retraining and advanced training of employees (workers) of Department;
11) to perform other obligations, stipulated by the legislation the Republic of Kazakhstan.
17. The department in the activities directly submits to National bureau.
18. Management of Department is performed by the head who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it. The head of Department has deputies.
19. The head of Department and its deputies are appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.
20. Powers of the head of Department:
1) according to the tasks assigned to Department, will organize and performs the common directorship of its activities;
Submits 2) for consideration of the head of National bureau of the offer on structure of Department within limit of the number of staff;
3) appoints to positions and dismisses the staff (workers) of Department whose appointment and release is referred by the legislation of the Republic of Kazakhstan to its competence;
4) determines powers of the deputies, staff (workers) of Department;
5) in the procedure established by the legislation resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement of heads and employees (employees) of Department;
6) takes measures of disciplinary responsibility to the staff (workers) of Department according to the procedure, established by the legislation of the Republic of Kazakhstan;
7) within competence signs legal acts of Department;
8) brings to the head of National bureau of idea of rewarding of employees (workers) of Department with the state and departmental awards;
9) is represented by Department in the relations with state bodies and other organizations according to the legislation;
10) makes decisions on other questions carried to its competence.
Execution of powers of the head of Department in the period of its absence is performed according to its order by one of his deputies.
21. The head of Department has the right to form advisory advisory bodies under Department.
22. The department in accordance with the established procedure interacts with the relevant territorial department of the Agency of the Republic of Kazakhstan for public service and to anti-corruption.
23. The department has on the right of operational management the isolated property in cases, stipulated by the legislation the Republic of Kazakhstan.
The property of Department is created at the expense of the property transferred by the state and also the property (including cash incomes) acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.
24. The property assigned to Department belongs to republican property.
25. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan.
26. Reorganization and abolition of Department is performed according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of October 13, 2016 No. 7
1. The department of National bureau on anti-corruption (Anti-corruption service) on the Aktyubinsk region (further – Department) is the territorial authority of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption performing realizable functions on identification, suppression, disclosure and investigation of corruption criminal offenses and also other functions according to the legislation of the Republic of Kazakhstan.
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, this Provision, and also the international treaties ratified by the Republic of Kazakhstan.
3. The department is legal entity in form of business of republican public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury of the Ministry of Finance of the Republic of Kazakhstan.
4. The department enters the civil relations from own name.
5. The department acts as the party of the civil relations on behalf of the state if it is authorized according to the legislation of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 030000, Aktyubinsk region, city of Aktobe, Ulitsa Maresyeva, 93.
9. Full name of Department: Republican public institution "Department of National bureau on anti-corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for public service and to anti-corruption on the Aktyubinsk region".
10. This Provision is the constituent document of Department.
11. Financing of Department is performed from means of the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
If the Department is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.
13. Tasks of Department:
1) protection of the rights, freedoms and legitimate interests of physical persons and legal entities, societies and states;
2) participation in development and realization of state policy concerning identification, suppression, disclosures and investigations of corruption offenses;
3) identification, suppression, disclosure and investigation of corruption criminal offenses;
14. Functions of Department:
1) development of suggestions for improvement of the regulatory legal base in the sphere of anti-corruption;
2) participation in preparation of the National report on anti-corruption in the Republic of Kazakhstan;
3) acceptance, registration and consideration of the applications, messages and other information on criminal offenses;
4) conducting pre-judicial investigation in the form of pretrial investigation, inquiry and protocol form;
5) safety of persons who are involved in criminal trial;
6) organization and implementation of operational search activities;
7) use of special and other technical means during secret investigative actions, general and special investigation and search operations;
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