ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of March 24, 2017 No. 31

About approval of the Instruction for directory servicing of physical persons by bodies of legal statistics and special accounting

For the purpose of implementation of the subitem 5) of Item 2 of Article 7, of the subitem 3) of Item 1 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting", being guided by the subitem 6) of article 37 of the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office" PRIKAZYVAYU:

1. Approve the enclosed Instruction for directory servicing of physical persons by bodies of legal statistics and special accounting.

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) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction 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;

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

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.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of March 24, 2017 No. 31

Instruction for directory servicing of physical persons by bodies of legal statistics and special accounting

Chapter 1. General provisions

1. The instruction for directory servicing of physical persons by bodies of legal statistics and special accounting (further – the Instruction) is developed for the purpose of realization of obligation on directory servicing of physical persons, the stipulated in Article 7 Laws of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting".

2. The instruction disaggregates methods and terms of directory servicing of physical persons by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee) and its territorial authorities and provisions of their results.

3. In this Instruction the following basic concepts are used:

1) the automated dactyloscopic information system (further – ADIS) – information system in which maintaining, accumulating, processing and provision of the dactyloscopic information created on fingerprints of hands is performed;

2) the automated information system "Special Accounting" (further – AIS SU) – information system in which maintaining, accumulating, processing and provision of data of the special accounting provided by the Law is performed;

3) special accounting - collection, registration, processing, accumulating, systematization, classification, storage of documentary information in the sphere of the state legal statistics for information support of state bodies, physical persons and legal entities;

4) subjects of special accounting - the state bodies performing criminal prosecution, execution of criminal penalty, special facilities, judicial authorities, and also divisions of administrative and migratory police of the Republic of Kazakhstan;

5) the graphical copy - the graphical information representing data in the jpeg and jpg formats.

6) pofamilny accounting - the accounting performed by registration of the persons who committed crimes, brought to trial, convicts; the irresponsible persons who made socially dangerous acts to which enforcement powers of medical nature on their biographical particulars, i.e. surnames, to name and middle name, with indication of date (day, month, year) and the birthplace are applied.

Chapter 2. Methods and terms of directory servicing of physical persons by bodies of legal statistics and special accounting

4. Directory servicing of physical persons by bodies of legal statistics and special accounting is performed by the following methods:

1) rendering the state service "Issue of the Certificate of Availability or Lack of Criminal Record";

2) provision of explanations according to the data which are available concerning physical persons in accounting of Committee.

5. Rendering the state service "Issue of the Certificate of Availability or Lack of Criminal Record" (further – the state service) is performed by provision of data on pofamilny accounting of Committee.

6. The state service appears territorial authorities of Committee on free basis according to the Standard of the state service through The Government for Citizens State corporation (further – the State corporation) or the web portal of "the electronic government" (further – the portal).

7. Term of rendering the state service:

1) from the moment of delivery of document package in the State corporation, and also in case of the address on the portal – 10 (ten) minutes;

2) in case of need conducting additional check – 5 (five) working days;

3) in case of departure out of boundary – 5 (five) working days.

8. The state service is rendered by committee in the relation of citizens of the Republic of Kazakhstan, foreigners and stateless persons on the requests of foreign institutions of the Republic of Kazakhstan arriving through the Ministry of Foreign Affairs of the Republic of Kazakhstan according to the regulatory legal acts regulating procedure for reclamation of the documents concerning providing the rights and legitimate interests of citizens of the Republic of Kazakhstan, foreigners and persons without citizenship.

9. In the certificate of availability or lack of criminal record (further – the reference) data on the outstanding, not removed criminal record of person, according to articles 79 and 89 of the Criminal Code of Kazakhstan, irrespective of the region of the address, as of day of check are specified.

Calculation of repayment of criminal record is perfromed by the staff of Committee and its territorial authorities.

10. Criminal record of citizens of the Republic of Kazakhstan, convicts abroad is not subject to reflection in the reference.

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