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

of April 25, 2017 No. 288

About modification and amendments in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions are made.

2. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) in the procedure established by the legislation of the Republic of Kazakhstan to 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) placement on official Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

4) 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), and 3) of this Item.

3. 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.).

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

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 25, 2017 , No. 288

The list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes and additions are made

1) of February 11, 2005 No. 97 "About approval of Rules of accounting of the faces consisting under administrative supervision" (No. registered in the Register of state registration of regulatory legal acts 3505, published "The legal newspaper" on November 4, 2005) to make the following change and addition To the order of the Minister of Internal Affairs of the Republic of Kazakhstan:

in Rules of accounting of the faces consisting under administrative supervision, approved by the specified order:

state Item 18 in the following edition:

"18. Administrative supervision concerning persons specified in the subitem B) article 2 of the Law it is established in cases when specified persons at least two times within year were exposed to administrative punishments or were involved in criminal offenses.";

add with Chapter 7 of the following content.

"Chapter 7. Procedure for application of electronic means of tracking concerning the faces consisting under administrative supervision.

55. For ensuring proper preventive control and receipt of information on the location of the person under surveillance, Department of Internal Affairs according to item 4 of Article 172 of the Penitentiary code has the right to use electronic means of tracking.

56. The chief of local police service, or replacement his face, according to the restrictions set to the person under surveillance based on the data characterizing his personality and also proceeding from technical capability of installation of the corresponding equipment, makes the decision on application to it electronic means of tracking in case of statement of the person under surveillance on personal accounting.

57. The decision on application to the person under surveillance of electronic means of tracking is drawn up by the resolution on use in respect of person to which the court establishes administrative supervision of electronic means of tracking in form, according to appendix 21 to these rules which appears to the person under surveillance and persons living together with it at the same time responsibility of the person under surveillance for spoil of the equipment is explained. The employee of Department of Internal Affairs responsible for use of electronic means of tracking, within three working days from the moment of pronouncement of the resolution performs installation of the necessary equipment, explains to the person under surveillance of feature of operation of electronic means of tracking, hands it the instruction sheet on their operation on receipt about receipt of the instruction sheet by person who is under administrative supervision on operation of electronic means of tracking in form according to appendix 22 to these rules.

58. Devices of electronic means of tracking are established by Department of Internal Affairs directly on the person under surveillance, in the place of his residence or stay, for the purpose of implementation of preventive control of observance of the restrictions set by court.

59. Employee of Department of Internal Affairs responsible for use of electronic means of tracking:

1) is performed by information collection with use of data of the panel of monitoring on observance by the person under surveillance of the set restrictions;

2) in case of receipt of information on the facts of damage, unauthorized renting of electronic means of tracking, violations of the restrictions set by court reports the official report on the chief of local police service or person replacing it and makes the corresponding marks in register of the violations revealed by means of electronic funds of tracking for persons under surveillance in form according to appendix 23 to these rules.

Without delay reports the official report on the chief of local police service or person replacing it about all fixed facts of refusals and failures in work of electronic means of tracking reflects them in register of defects of electronic funds of tracking for the person under surveillance in form, according to appendix 24 to these rules;

3) in case of failure in work of electronic means of tracking takes measures for establishment of its reasons and their elimination.

60. In case of change by court of the set restrictions or it is impossible to use electronic means of tracking for technical reasons the chief of local police service or person replacement it cancels use of electronic means of tracking or changes procedure for their use and enrollment of the used technical means, having accepted the relevant motivated resolution on cancellation (replacement) use in respect of person to which the court establishes administrative supervision of electronic means of tracking in form, according to appendix 25 to these rules. The employee of Department of Internal Affairs responsible for use of electronic means of tracking, within three working days from the moment of pronouncement of the resolution performs removal (replacement) of the necessary equipment.

61. In cases if the person under surveillance denies the violation fact, the local police inspector performs by studying of the data on the fact of the allowed violation received by means of electronic means of tracking.

62. In case of damage (spoil) by the person under surveillance of electronic means of tracking the local police inspector the statement of establishment of defects of electronic means of tracking in form, according to appendix 26 to these rules is drawn up.";

add with appendices 21, of 22, of 23, of 24, 25 and 26 according to appendix 1, of 2, of 3, of 4, 5 and 6 to this order;

2) of July 15, 2014 No. 432 "About approval of Rules of implementation of preventive control of persons staying on the preventive registry in law-enforcement bodies" (No. registered in the Register of state registration of regulatory legal acts 9695, published "The legal newspaper" on September 25, 2014) to make the following change to the order of the Minister of Internal Affairs of the Republic of Kazakhstan:

in Rules of implementation of preventive control of persons staying on the preventive registry in the law-enforcement bodies approved by the specified order:

state Item 8 in the following edition:

"8. Preventive control of the parents or other legal representatives of minors who are not fulfilling the duties on education, training and (or) content of minors and also which are negatively influencing their behavior, at least once a quarter.

In case of prolongation of term of statement on preventive accounting for one year, the decision of the chief of local police service of law-enforcement body or its deputy, the period of implementation of preventive control is prolonged respectively for the specified term.";

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