of December 18, 2018 No. 587
About creation of Service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic
For the purpose of implementation of the Presidential decree of the Kyrgyz Republic "About measures for reform of system of law enforcement agencies of the Kyrgyz Republic" of July 18, 2016 No. 161, and also optimizations of structure of the Ministry of Internal Affairs of the Kyrgyz Republic, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Create Service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic.
2. Approve Regulations on Service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic according to appendix.
3. To the Ministry of Internal Affairs of the Kyrgyz Republic in three-months time in accordance with the established procedure:
- take the necessary measures following from this Resolution;
- bring the decisions into accord with this Resolution.
4. Determine that the expenses connected with implementation of this Resolution are performed within the means provided to the Ministry of Internal Affairs of the Kyrgyz Republic for the corresponding years.
5. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.
6. This Resolution becomes effective after ten days from the date of official publication, except for paragraphs of the third or sixth Item 8 and paragraphs of the seventh or ninth Item 9 of the Regulations on Service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic which become effective since January 1, 2019.
Prime Minister of the Kyrgyz Republic
M. Abylgaziyev
Appendix
to the Order of the Government of the Kyrgyz Republic of December 18, 2018 No. 587
1. The service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic (further - Service) is subordinated division of the Ministry of Internal Affairs of the Kyrgyz Republic (further - the Ministry of Internal Affairs).
2. The service in the activities is guided by the Constitution of the Kyrgyz Republic, codes, the constitutional laws, the laws, other regulatory legal acts of the Kyrgyz Republic which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic, orders and orders of the Ministry of Internal Affairs, and also this Provision.
3. Activities of Service are based on the principles of legality, respect and observance of the rights and personal freedoms, humanity, openness and publicity, submission to control and accountability, one-man management and subordination, respect for office discipline.
4. The service is legal entity, has separate balance, seal with the image of the State Emblem of the Kyrgyz Republic, stamps, letterheads.
5. Full official name of Service:
- in state language: "Kyrgyz Respublikasynyn Ichki ishter министрлигинин Bangizattarda мыйзамсыз жугуртууго Qarshi to kyzmata kuroshu";
- in official language: "Service on fight against drug trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic".
6. Legal address of Service: Kyrgyz Republic, city of Bishkek, street of Toktogul, 80, postal index 720021.
7. The service performs the activities in interaction with divisions of law-enforcement bodies of the Kyrgyz Republic, other law enforcement agencies, state bodies of the executive authority, local government bodies, other organizations and organizations, and also in accordance with the established procedure cooperates with the international organizations and competent authorities of foreign states.
8. The following tasks are assigned to Service:
- identification, the prevention, suppression, investigation and disclosure of crimes in the field of drug trafficking, psychotropic substances, their analogs and precursors carried by the legislation of the Kyrgyz Republic to competence of law-enforcement bodies, and also identification and establishment of persons preparing them, making or made;
- The paragraph third ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 11.02.2022 No. 72
- The paragraph the fourth ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 11.02.2022 No. 72;
- the prevention and identification of offenses in the field of drug trafficking, psychotropic substances, their analogs or precursors carried by the legislation of the Kyrgyz Republic to competence of law-enforcement bodies;
- hearing of cases about offenses in the field of drug trafficking, psychotropic substances, their analogs or precursors carried by the legislation of the Kyrgyz Republic to competence of law-enforcement bodies;
- coordination of activities of divisions of law-enforcement bodies concerning counteraction to drug trafficking, psychotropic substances, their analogs and precursors, and also narcoprevention.
9. The service performs the following functions:
- develops and participates in project development of regulatory legal acts of the Kyrgyz Republic in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- participates in project development of international treaties of the Kyrgyz Republic and in accordance with the established procedure realizes the international projects in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- participates in development of program documents in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- will organize preventive activities for the prevention of illegal acts in the field of drug trafficking, psychotropic substances, their analogs or precursors;
- performs comprehensive programs and plans, orders and instructions of the Ministry of Internal Affairs in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- warns and reveals offenses in the field of drug trafficking, psychotropic substances, their analogs or precursors;
- considers cases on offenses in the field of drug trafficking, psychotropic substances, their analogs or precursors;
- The paragraph the ninth ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 11.02.2022 No. 72
- holds investigation and search operations according to the legislation of the Kyrgyz Republic in the field of operational search activities;
- in accordance with the established procedure performs interaction and information exchange with the international organizations and competent authorities of foreign states in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- in accordance with the established procedure creates and uses information systems, and also runs business of operational accounting;
- will organize temporary storage and use of operational, archive and other materials;
- in accordance with the established procedure interacts with mass media;
- constitutes statistical data on results of work of Service;
- performs reception of citizens, considers their offers, applications and claims on the questions carried to competence of Service;
- together with concerned parties develops and directs in accordance with the established procedure through the Ministry of Internal Affairs of the Kyrgyz Republic to approval of the Cabinet of Ministers of the Kyrgyz Republic national lists (list) of the drugs, psychotropic substances, their analogs and precursors, wild-growing narkotikosoderzhashchy plants and the plants prohibited to cultivation containing drugs, psychotropic substances and precursors, and also their sizes important for qualification of acts under the Criminal code of the Kyrgyz Republic and the Code of the Kyrgyz Republic about offenses;
- performs criminalistic maintenance, investigation verification and production of the investigation of the criminal cases in the field of drug trafficking referred to competence of law-enforcement bodies.
10. The service within the competence has the right:
- request and receive from state bodies and local government bodies, the organizations irrespective of their form of business and pattern of ownership the documents, reference and other materials necessary for the solution of tasks in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- make in the Ministry of Internal Affairs suggestions for improvement of regulatory legal acts in the field of drug trafficking, psychotropic substances, their analogs or precursors and narcoprevention;
- demand from citizens and officials of respect for public order, the termination of the illegal acts and actions interfering implementation of powers of Service, and in case of their failure to carry out to apply the enforcement measures provided by the law;
- check at citizens identity documents, and also other documents according to the legislation of the Kyrgyz Republic on law-enforcement bodies;
- apply according to the Law of the Kyrgyz Republic "About service in law enforcement agencies of the Kyrgyz Republic" physical force, including acceptances of fight or hand-to-hand fight, special means and weapon, to prevention and control of offenses, offenses, detention of persons which made them and also self-defense if not power methods do not provide accomplishment of the assigned obligations;
- call citizens on the cases which are in production of Service, receive from citizens of explanation, the reference, documents and to make copies of them;
- according to the procedure, established by the Cabinet of Ministers of the Kyrgyz Republic to perform in interaction with customs authorities examination of hand luggage, baggage and examination of passengers of civil aircrafts;
- perform personal inspection of citizens, their things, hand luggage, baggage, automotor-vehicles, withdrawal of objects, means, things and documents if there are good causes to suspect them of making of illegal acts;
- in the presence of the bases provided by the law to enter on the territory and premises of the companies, organizations, organizations (except diplomatic and consular representations of foreign states and the international organizations in the Kyrgyz Republic) irrespective of subordination and patterns of ownership, and also to the rooms used by physical persons for occupations individual and labor activity;
- in the presence of the bases provided by the criminal procedure legislation to carry out survey of production, storage, trade, service premises, vehicles, other storage locations and use of goods and property with participation of the owner or his representative or person authorized by it;
- receive from heads, officials and employees of the companies, organizations, the organizations, and also citizens necessary information, data, documents, written explanations within the competence;
- freely, according to the procedure, established by the legislation of the Kyrgyz Republic to use vehicles (except vehicles of diplomatic, consular representations of foreign states, the international organizations and special purpose) for journey to places of incidents and emergency situations, delivery to medical institutions of the citizens needing the emergency medical care, prosecutions of persons who committed crime and their delivery in law enforcement agencies and also in other cases, being urgent;
- according to the procedure, established by the legislation of the Kyrgyz Republic on law-enforcement bodies to use the means of communication belonging to legal entities and physical persons in the office purposes;
- use in the procedure established by regulatory legal acts of the Kyrgyz Republic drugs, psychotropic substances and precursors in educational and operational search activities;
- within the competence to form consultative, expert and advisory bodies in the field of counteraction to drug trafficking, psychotropic substances and precursors.
11. Services log in: managements, departments, departments, groups.
12. The common directorship of Service is performed by the chief of Service.
13. The chief of Service is appointed to position and dismissed by the Chairman of the Cabinet of Ministers of the Kyrgyz Republic on representation of the Minister of Internal Affairs of the Kyrgyz Republic.
Appointment and release from post of deputy chief of Service is made by the Minister of Internal Affairs of the Kyrgyz Republic on representation of the chief of Service.
14. Chief of Service:
- performs management and will organize work of Service, takes measures for enhancement of activities of Service;
- distributes obligations between deputy chief of Service, approves functional obligations of staff;
- makes offers to the Minister of Internal Affairs of the Kyrgyz Republic about appointment, movement and release from posts of staff of Service, assignment of special ranks by it, dismissal, imposing of authority punishments and encouragement;
- encourages the staff of Service and imposes authority punishments according to the procedure, established by the Disciplinary charter of law enforcement agencies of the Kyrgyz Republic;
- provides carrying out professional and physical training with staff, training and education of subordinates, takes measures for non-admission of violations of office discipline and legality among staff;
- controls observance of necessary measures of personal security of employees, rules of the handling of service weapon, technical and special means;
- within the competence issues the orders and orders obligatory for execution by staff of Service;
- sends to official journeys of staff of Service;
- signs the documents forming the basis for receiving and delivery of money, commodity and material and other values, credit and settlement obligations, accounting reports and balances, and also agreements and powers of attorney;
- has the right on the questions which are within its competence to bring in the relevant state bodies, public associations or to officials, and also persons occupied with individual and other labor activity, other types of entrepreneurship, idea of need of taking measures to elimination of the reasons and conditions promoting making of illegal acts in the field of drug trafficking, psychotropic substances of their analogs and precursors.
15. The structure and the number of staff of Service are determined by the Minister of Internal Affairs of the Kyrgyz Republic within the approved number of staff, by the proposal of the chief of Service.
16. For joint decision of the questions connected with operational and service activity in Service the operational meeting in number of 5 people is formed.
Members of members of the operational meeting and Regulations on the operational meeting of Service affirm the supervising deputy minister of internal affairs of the Kyrgyz Republic according to the proposal of the chief of Service.
16-1. The procedure for service by the staff of Service is regulated by the Law of the Kyrgyz Republic "About service in law enforcement agencies of the Kyrgyz Republic".
17. Supervision and control of activities of Service is exercised according to the legislation of the Kyrgyz Republic.
18. The staff of Service bears the responsibility established by the legislation of the Kyrgyz Republic for illegal actions or failure to act. The harm done by the employee of Service to legal entities and citizens is subject to compensation according to the procedure, established by the legislation of the Kyrgyz Republic.
19. The service is financed separately from the republican budget, has budget, special and currency accounts according to the budget legislation of the Kyrgyz Republic.
Buildings, constructions, the equipment, stock, other material values and means of Service are state-owned property and are fixed on the right of operational management.
The service independently resolves issues of financial and economic activities in the procedure established by the legislation of the Kyrgyz Republic.
The service can be the claimant and the defendant in court according to the legislation of the Kyrgyz Republic.
20. Reorganization and liquidation of activities of Service are performed according to the legislation of the Kyrgyz Republic.
21. In case of the termination of activities of Service the documents which arose during activities are stored and used according to the Law of the Kyrgyz Republic "About National Archive Fund of the Kyrgyz Republic".
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