ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of September 23, 2016 No. 148

About introduction of amendments to the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

For the purpose of enhancement of procedure for acceptance and registration of messages and statements for criminal offenses, being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", I ORDER:

1. Bring in the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations" (registered in the Register of state registration of regulatory legal acts for No. 9744, published on October 21, 2014 in it is information to system of law of Ad_let) the following changes:

state heading in the following edition:

"About approval of Regulations of Admission and registration of a statement, the message or the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations";

state Item 1 in the following edition:

"1. Approve the enclosed Regulations of Admission and registrations of a statement, the message or the official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations.";

in Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of the pre-judicial investigations approved by the specified order:

state heading in the following edition:

"Regulations of Admission and registrations of a statement, the message or the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations";

state Item 1 in the following edition:

"1. These rules determine procedure for acceptance and registration of a statement, the message or official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations.";

in Item 2:

7) to state the subitem in the following edition:

"7) registration of a statement, messages or the official report about criminal offense - registration in ERDR of the occasions specified in the subitem 8) of this Item;";

13) to state the subitem in the following edition:

"13) person, missing (the disappeared person is unknown) - person which disappeared suddenly without any reasons to that which location is unknown and concerning it arrived the statement, the message or the official report for his search;";

to state the name of Chapter 2 in the following edition:

"Chapter 2. Procedure for acceptance and registration of a statement, message or official report on criminal offenses";

state Item 12 in the following edition:

"12. The reasons for the beginning of pre-judicial investigation specified in Items 9, of 10, of 11 these rules are subject to registration in ERDR by investigators, investigators, prosecutors, authorized person, and also officials of criminal prosecution authorities to whom according to their competence pre-judicial investigation on this fact is entrusted.

"Are not subject to registration in ERDR of the statement and message:

In which 1) there are no data on violations of the current legislation, on damage, essential harm or the illegal income, the confirmed acts of checks, audits, audit and others when their availability is obligatory sign of criminal offense;

2) about the violations based on non-execution or improper execution of civil transactions, committed in writing and not recognized as court invalid, imaginary or feigned.

This requirement does not extend to cases of submission of mass, numerous petitions about unfair execution of contractual commitments (shared-equity construction, financial "pyramids" and others);

On which 3) there is tax or civil dispute considered in compliance by the current legislation of the Republic of Kazakhstan;

4) about violations in the field of the tax legislation without appendix of the act of tax audit which conclusions contain the sufficient data specifying availability of signs of criminal offense.";

2) of Item 14 to state the subitem in the following edition:

"2) in the cases specified in part 5 of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official, in case of material return according to such information, they are repeatedly fixed in KUI with decision making.

Information on criminal offense is subject to the direction in authorized body for carrying out audits and checks if before registration in ERDR availability of signs of criminal offense cannot be established in other way (for example, information on failure to pay taxes which is not confirmed with the act of tax audit);";

third of Item 21-1 to state part in the following edition:

"If the criminal offense was covered by unreasonable decision making, stipulated in Item 14 these rules, filling of the new K-2, form according to appendix 2 to these rules is made.";

state Item 56 in the following edition:

"56. Data on registration of a statement, the message or the official report on criminal offense are entered into ERDR without delay.";

state Item 64 in the following edition:

"64. Personnel divisions of criminal prosecution authorities and prosecutor's office in day of signing of the order on appointment or release of the head of prosecutor's office, the prosecutor, heads and staff of the criminal prosecution authorities authorized on registration of messages, statements or official reports for criminal offenses and maintaining ERDR in writing report about it to the officials responsible for input of users of the specified departments.";

the second Item 68 to state part in the following edition:

"About the arisen emergency situation which entailed lack of access to information system the statement of emergency situation in form, according to appendix 21 to these rules in which the reasons, duration, quantity and the list of the adopted statements, messages or official reports for criminal offenses and the begun pre-judicial investigations registered in absence period of access to information system are reflected is drawn up.

appendices 1, 11, 12, 13, 15, 16, 17, 18 to Rules to state in edition, according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, 8 to this order.

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 after state registration the direction it the copy on official publication in information system of law of Ad_let, in periodic printing editions, and also 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 official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

4) the direction of this order to the interested subjects of legal statistics and special accounting, and also to territorial authorities of Committee for execution.

3. To impose control of execution of this order on the Chairman of Committee Aytpayeva S. M.

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

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of September 23, 2016 No. 148

Appendix 1

to Regulations of Admission and registration of statements, messages or official reports on criminal offenses, and also maintaining the Unified register of pre-judicial investigations

Form

The Accounting form K-1 in KUI

1. Number KUI ________________ Date and time of acceptance _______________

2. Body of registration ___________________________________________

3. The area (garrison, on transport) making __________________

3.1 Number of body ______________________________________

4. Number of the coupon _______________ Date of the coupon ____________________

5. Description of event

Offense plot

Information about the applicant

6. Message type: the written application of physical person (01), the oral statement of physical person (02), the message of the official of the body/organization (03), surrender (04), messages in mass media (06), the official report of the official (07), the message of the Center of operational management (further - TsOU) (08), the statement of unidentified person (09), the initiative official report of the official (it is revealed by the employee during HORDES) (10), arrived from authorized state body, which earlier directionally according to the procedure of the p. 5 of Art. 181 of the Code of Criminal Procedure of RK (11).

7. Business — Identification Number (BIN) _______________________

7.1. Name of the _______________________________________ organization

8. Name TsOU __________________________

8.1. Number of accounting of TsOU _________ Date time of acceptance of TsOU ____________

8.2. Position of the employee of TsOU ______________

8.3. Surname of the employee of TsOU _______________

9. Individual identification number _______________________

9.1. Surname 9.2 Name 9.3 Middle name (in case of its availability)

_________________ ______________ ________________________________

9.4. Birth date _______________

10. Address

Republic ___________________ __________________________ Area

Area ________________________ Settlement __________________

Street ________________________ House ___ Case ___ Apartment ________

11. Phone ________ Mobile phone _________ e-mail ___________

_________________________________________________________________

12. The statement, the message which arrived on territoriality (jurisdiction)

12.1. Criminal prosecution authority from where the statement, the message arrived:

_________________________________________________________________

12.2. Reference number ___________________ "___" ________ 20 __ years

12.3. Number of registration in KUI ___________ "___" ________ 20 __ years

12.4. Number of the inspection statement _________________ "___" ________ 20 __ years

Additional information

_________________________________________________________________

13. Note

Description of the note

_________________________________________________________________

14. The official (to whom it is entrusted)

Date of accounting ______________ Date of adjustment ____________________

Appendix 2

to the Order of the Attorney-General of the Republic of Kazakhstan of September 23, 2016 No. 148

Appendix 11

to Regulations of Admission and registration of statements, messages or official reports on criminal offenses, and also maintaining the Unified register of pre-judicial investigations

Form

E-1 form

Registration in ERDR

1. Number ERDR ______________________________

Date time of registration ____________________________

Date and time of carrying out urgent investigative actions _____________

2. Body of registration _________________________________________________

3. The area (garrison, on transport) making ________________________

3.1 Number of body ____________________________________________

4. Number KUI ________________________ date of KUI "___" __________________

5. It is allocated from No. ERDR ______________________

In the relation: concerning criminal offense (crime) according to the procedure of part 3 of article 44 Code of Criminal Procedure RK (01), concerning person according to the procedure of part 1 of article 44 Code of Criminal Procedure RK (02).

______________________________________________________________________

6. It is covered in the way: not registration (01), unreasonable leaving without consideration and storage in nomenclature case (job specification) (02), the unreasonable direction in authorized state body or to the official according to part 5 of article 181 Code of Criminal Procedure RK (03), the unreasonable direction in authorized body which competence includes consideration of the matter (04), unreasonable familiarizing (05), the unreasonable direction into court for private prosecution (06), by transfer on competence (territoriality) without the actual transfer (07), not allocations in separate production of the material having signs of other criminal offense (08), unreasonable administrative prosecution in the presence of signs of criminal offense (09).

6.1 The criminal offense covered from accounting is revealed: employee of Management of Committee on legal statistics and special accounting (1), prosecutor (2), court (3), departmental way (4)

6.2 The body which covered criminal offense (crime) __________

______________________________________________________________________

______________________________________________________________________

7. It is revealed as a result of joint operation: the special prosecutor (01), Committee of homeland security (further - KNB) (02), the Border service of KNB (03), KNB, authorized body in the field of foreign intelligence (04), the Ministry of Internal Affairs (further - the Ministry of Internal Affairs) (05), Committee of state revenues of the Ministry of Finance (further - KGD MF) (06), National bureau on anti-corruption of the Agency on cases of public service and anti-corruption (09), Service of the state protection (further - SGO) (08).

8. It is registered by results: checks through supervision of legality in the social and economic sphere (01), the inspections which are carried out by state body concerning the employee (02).

9. Date of making _________________ making time ________________

9.1 Description of crime/offence

Crime/offence plot

10. Qualification of criminal offense (crime) ______ the Criminal Code of Kazakhstan under the article 11 Criminal Code of Kazakhstan: it is not determined (0), small weight (1), average weight (2), heavy (3), especially heavy (4).

under the article 24 Criminal Code of Kazakhstan: preparation (1), attempt (2).

10.1 Qualification of crime _________ under the Criminal Code of Kazakhstan of July 16, 1997

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