ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 14, 2018 No. 20

About modification and amendments 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 a statement, the message or the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

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 a statement, the message or official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations" (it is registered in the Register of state registration of regulatory legal acts for No. 9744, it is published on October 21, 2014 in information system of law of Ad_let) the following changes and amendments:

change in Kazakh is made to heading, the text in Russian does not change;

change in Kazakh is made to Item 1, the text in Russian does not change;

in Regulations of Admission and registration of a statement, the message or the official report on criminal offenses, and also maintaining the Unified register of the pre-judicial investigations (further - Rules) approved by the specified order:

change in Kazakh is made to heading, the text in Russian does not change;

to state the name of Chapter 1 in the following edition:

"Chapter 1. General provisions";

changes in Kazakh are made to Item 1, the text in Russian does not change;

state Item 2 in the following edition:

"2. In these rules the following concepts are used:

1) the book of accounting of information (further - KUI) - the automated database in which information on criminal offense is entered, including the reasons for the beginning of pre-judicial investigation listed in part one of Article 180 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK);

2) the protected data carrier is device for safe storage of key information and biometric data for access to information system ERDR;

3) the biometric reader - the specialized peripheral device for authentication of the user of system on biometric fingerprints;

4) the covered criminal offense is criminal offense or crime on which, despite availability of reasons for the beginning of pre-judicial investigation, the stipulated in Article 180 Codes of Criminal Procedure of RK, measures to its registration in ERDR are not taken;

5) the anonymous address - the address according to which it is impossible to establish authorship there are signature, including, no digital signature, the postal address of the applicant;

6) the repeated statement and the message - the address on the same criminal offense more than once;

7) the signature tablet - the specialized peripheral device consisting of the graphical tablet and the writing feather (stylus), allowing to create digital analog of the hand-written signature of its owner;

8) authorized person - the employee of control room of criminal prosecution authority, and also the official responsible for acceptance and accounting of information on criminal offenses;

9) information on criminal offense - information according to which it is necessary to make the decision on possibility of the beginning of pre-judicial investigation, including messages of unidentified person, and also reasons for the beginning of pre-judicial investigation listed in parts one of article 180 Code of Criminal Procedure RK, the statement and the message specified in part 5 of article 181 Code of Criminal Procedure RK;

10) accounting of information on criminal offense - fixing in KUI of information on criminal offense, including the occasions specified in the subitem 15) of this Item in the K-1 form "Accounting in KUI" (further - the K-1) form, according to appendix 1 to these rules, and also data on results of its permission according to Items 12 and 14 of these rules in the K-2 form "The decision on KUI" (further - the K-2) form, according to appendix 2 to these rules;

11) reception of an application, messages and information on criminal offense - obligatory acceptance of the occasions listed in part one of article 180 Code of Criminal Procedure, and also other information on criminal offenses by officials of criminal prosecution authorities;

12) registration of a statement, messages or the official report about criminal offense - registration in ERDR of the occasions specified in the subitem 15) of this Item;

13) the user of ERDR (further - the user) - the official who within the competence uses ERDR for accomplishment of specific functions;

14) the unified register of pre-judicial investigations (further - ERDR) - the automated database in which data on the reasons for the beginning of pre-judicial investigation listed in part one of article 180 Code of Criminal Procedure RK proceeding decisions made on them, the made actions, movement of criminal proceedings, applicants and participants of criminal procedure are entered and also is performed conducting criminal trial in electronic format at stage of pre-judicial investigation;

15) reasons for the beginning of pre-judicial investigation - the statement, surrender, the message, the official report for criminal offense listed in the parts one of article 180 Code of Criminal Procedure which are drawn up according to requirements of articles 181-184 Codes of Criminal Procedure;

16) person which lost communication with relatives - the person which owing to the different reasons is not maintaining any relations with relatives and not reporting data on the location concerning which the statement for search arrived;

17) authorized body - Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and its territorial authorities;

18) 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;

19) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

20) the electronic information accounting document (form) - the carrier of legal statistical information based on which data of the state legal statistics and special accounting are created;

21) the SMS notification - the functionality of ERDR allowing through mobile communication and (or) e-mail to send text messages to participants of criminal procedure for their notification or appearance to person conducting criminal procedure.";

change in Kazakh is made to the name of Chapter 2, the text in Russian does not change;

add with Item 7-1 of the following content:

"7-1. By person conducting criminal procedure in paper or electronic format in need of the notice (notification) of participants of criminal procedure (the suspect, the person accused, their legal representatives, the defender, the civil defendant, the victim, the private prosecutor, the civil claimant, their legal representatives and representatives) the possibility of the SMS notifications module in ERDR through single number 1414 can be used.

Functionality "Send the SMS agenda" becomes more active in case of the choice of the specific participant of criminal procedure.

In the absence of phone number electronically of the participant of criminal procedure the functionality "The agenda about challenge" on departure of the SMS agenda on the mobile phone and (or) e-mail of the participant of criminal procedure with filling of obligatory fields is used.";

to state the subitem 4 of Item 12 in the following edition:

"4) about violations in the field of the tax legislation without appendix of the act of tax audit, the conclusion (reference) of the specialist or the data, the conclusion, the reference of bodies of Tax Service which conclusions contain the sufficient data specifying availability of signs of criminal offense.";

to state the name of Chapter 3 in the following edition:

"Chapter 3. Procedure for forming and maintaining the Unified register of pre-judicial investigations";

add with Items 20-1 and 20-2 of the following content:

"20-1. Conducting criminal trial in electronic format at stage of pre-judicial investigation No. 2 "About approval of the Instruction about conducting criminal trial in electronic format is regulated by the order of the Attorney-General of the Republic of Kazakhstan of January 3, 2018" (it is registered in the Register of state registration of regulatory legal acts for No. 16268).

20-2. The decision on conducting criminal trial in electronic format is made by person conducting criminal procedure after acceptance of pre-judicial investigation in the production. About the made decision the motivated decree is issued, and also the E-2 form is filled.

At the same time the motivated resolution on conducting pre-judicial investigation in electronic format is created and signed on the basis of the template automatically created by system.

When conducting electronic criminal case the user observes chronology and the logical sequence.

During creation of the electronic procedural document the user creates the text of the document on the basis of the templates containing in the Resolution tab in electronic forms.

The functionality "Resolution" consists of two Sections: in one Section input and adjustment of data, in other Section - preview of the created electronic document, and also printout and drawing the signature from the graphical tablet is performed.";

to state the name of Chapter 4 in the following edition:

"Chapter 4. Form on decision making";

add with Item 36-2 of the following content:

"36-2. In case of adoption of the proceeding decision, unforeseen in electronic forms, creation of the electronic procedural document is performed by addition of the decision with the 9900 code from the additional tab "Procedural Documents" which is in the reference book of decisions on the L-1, L-2 and L-3 E-1, E-2, forms.

In the Procedural Documents tab the functionality on forming of the electronic procedural document from template is provided to the user.

The investment of the electronic copy of the document needs to be performed in the corresponding electronic form or in the form of the decision "9900" Procedural Documents tabs depending on document belonging to the made action or the decision (in the L-1, L-2 E-1, E-2, forms and L-3).";

add with Chapter 4-1 of the following content:

"Chapter 4-1. Petitions for authorization

44-1. In case of the direction in court of the petition for authorization according to part 1 of article 55 Code of Criminal Procedure RK person conducting pre-judicial investigation fills the corresponding electronic E-2 or L-2 form.

In the electronic E-2 or L-2 forms in the Resolution tab the corresponding template of the electronic procedural document of the petition is created, after preserving and signing of electronic form through the List of Documents tab necessary procedural documents are added.

44-2. The petition for authorization of detention or house arrest with the chosen case papers is displayed at the supervising prosecutor in "The magazine of supervision".

The petition with the enclosed case papers from ERDR by means of integration goes to the automated information and analytical system of judicial authorities (further - IS WITH).

The current status on movement of the petition in court is displayed in ERDR: in "The magazine of investigation" and in "The magazine of supervision" in the Section "Sanctions".

On the end of consideration of the petition in court in the SO IS system the final decision which automatically is reflected in ERDR is created.

44-3. The similar procedure is provided for court orders according to the procedure of part 14 of article 220 Code of Criminal Procedure RK about legality or illegality of survey, the dredging or search made in conditions being urgent.";

to state the name of Chapter 5 in the following edition:

"Chapter 5. Form on person suspected (charged) of making of criminal offense";

state Item 46 in the following edition:

"46. In case of adoption of the proceeding decision by the prosecutor - the form is filled with the prosecutor.

In case of adoption of the proceeding decision by court on pre-judicial investigation which arrived from criminal prosecution authority - the form is filled with the official criminal prosecution authority.

In case of adoption by court of the proceeding decision on pre-judicial investigation directed by the prosecutor - the form is filled with the prosecutor.";

to state the name of Chapters 6-10 in the following edition:

"Chapter 6. Form on decisions of the prosecutor

Chapter 7. Form on the physical evidence

Chapter 8. Form on the injured person

Chapter 9. Form on the condemned person

Chapter 10. Terms of input of forms";

changes in Kazakh are made to Item 56, the text in Russian does not change;

11, 12 to state the name of Chapters in the following edition:

"Chapter 11. Editing data

Chapter 12. Procedure for institution of users, assignments of roles";

state Item 59 in the following edition:

"59. Work in KUI and ERDR is performed according to roles of users.";

add with Item 59-1 of the following content:

"59-1. Registration of biometric parameters of the user is made by authorized body (the authorized administrator of system of territorial authority of Committee) on the protected data carrier in case of the address of the user registered in ERDR (in the presence of the document of the data carrier proving the identity and protected).

During registration of biometric parameters the template of fingerprint of the user locally remains on the protected data carrier of the user. At the same time data on passing of the procedure in the biometric reader are added to accounting record of the corresponding user.

Biometric authentication is implemented by input of the PIN code and scanning on the biometric reader.";

changes in Kazakh are made to Item 64, the text in Russian does not change;

to state the name of Chapter 13 in the following edition:

"Chapter 13. Order of registration of information on criminal offenses and pre-judicial investigations in case of emergency situations";

changes in Kazakh are made to part the second Item 68, the text in Russian does not change;

appendix 1 to Rules to state in edition according to appendix 1 to this order;

in the right upper corner of the first leaf of appendices 2-10-1 to Rules to state the text in the following edition:

"Appendix 2

to 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

Appendix 3-1

to 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

Appendix 4

to 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

Appendix 5

to 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

Appendix 6

to 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

Appendix 7

to 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

Appendix 8

to 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 Appendix 9 to 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

Appendix 10

to 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

Appendix 10-1

to 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";

appendices 11, 12, 13 to Rules to state in edition, according to appendices 2, of 3, 4 to this order;

exclude appendix 14;

appendices 15, 16, 17, 18 to Rules to state in edition, according to appendices 5, of 6, of 7, 8 to this order;

in the right upper corner of the first leaf of appendices to state 19-21 texts in the following edition:

"Appendix 19

to 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

Appendix 19-1

to 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

Appendix 20

to 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

Appendix 21

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