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

of March 9, 2017 No. 166

About approval of Rules of the organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers

According to subitem 95-47) of Item 16 of the Regulations on the Ministry of Internal Affairs of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of June 22, 2005 No. 607, I ORDER:

1. Approve the enclosed Rules of the organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers.

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

3. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) provide:

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 receipt of the registered this order the direction it the copy in printing and electronic type in one copy in the state and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) 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) and 2) of this Item.

4. To impose control of execution of this order on the deputy minister of internal affairs of the 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

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 9, 2017 No. 166

Rules of the organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers

Chapter 1. General provisions

1. These rules of the organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers (further - Rules) determine procedure for the organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers (further – protection of suspects and persons accused).

2. The organization of service for ensuring protection of the suspects and persons accused containing in temporary detention centers (further – IVS), includes:

1) decision making on protection of suspects and persons accused;

2) preparation of forces and means for accomplishment of tasks on protection of suspects and persons accused;

3) protection of suspects and persons accused;

4) control of the organization and service on protection of suspects and persons accused.

3. The convoy of suspects and persons accused is performed according to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 2, 2016 No. 1122 "About approval of Rules of convoy of suspects, persons accused and convicts" (It is registered in the Register of state registration of regulatory legal acts No. 14619).

4. For protection of suspects and persons accused by the chief of IVS (or) posts and job specifications on protection of IVS are appointed person fulfilling its duties.

5. The quantity and types of posts and job specifications on protection of IVS, their arrangement and number of output are determined by the sheet of post by protection of IVS in form, according to appendix 1 to these rules which is constituted by the chief of IVS (or person fulfilling its duties) and affirms the chief of law-enforcement body. Posts of protection are divided into two types: posts of outside protection and posts of internal protection.

6. On protection of IVS enter the job specification:

1) person on duty;

2) point-policemen of outside protection;

3) point-policemen of internal protection;

4) output.

7. Posts of outside protection are established:

1) at the main gate;

2) at subsidiary gate;

3) mobile posts on protection of perimeter of fencing and the territory;

4) at the walking yards, platforms.

8. Internal posts for protection and observation of behavior of suspects and persons accused are established in corridors where cameras, near doors and exits are located.

9. Output accompanies suspects and persons accused in investigative offices, rooms for appointments, to the health worker and to other rooms of IVS. Performs serial conclusion from cameras of persons containing in IVS to walk, survey or inspection.

10. Point-policemen on internal posts and output serve without weapon. The point-policeman of outside post on protection arms with the gun or automatic machine.

Chapter 2. Decision making on protection of suspects and persons accused

11. The decision on protection of suspects and persons accused of the chief of IVS (or person fulfilling its duties) is the basis for protection of suspects and persons accused.

12. The decision on protection of suspects and persons accused includes amount and complexity of tasks, and also situation assessment.

At the same time are considered:

1) quantity and features of the contingent of the suspects and persons accused containing in IVS, availability of persons among them of the suspects and accused of making of serious crimes as a part of the organized criminal groups previously convicted (including for escapes from custody), minors;

2) technical characteristic of IVS and special vehicles, including limit of places, the number of cameras, equipment their equipment preventing escape, condition of the equipment, means of communication and the alarm system, content terms in IVS, conditions of protection of suspects and persons accused of other places of temporary content;

3) completeness of staff and level of its professional training;

4) condition of public order and crime around service on protection of suspects and persons accused, season, days and weather conditions.

13. Are determined by the decision on protection of suspects and persons accused:

1) general content, alignment of forces and means, quantity and type of job specifications on protection of IVS, enforcement and their use;

2) tasks of job specifications on protection of IVS, the place and time of execution of service by them, their preparation, arms and material logistics;

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