of January 16, 2019 No. P-3
About approval of provisions of territorial authorities of Committee on financial monitoring of the Ministry of Finance
According to the order of the Government of the Republic of Kazakhstan of December 29, 2018 "About some questions of the Ministry of Finance of the Republic of Kazakhstan" I ORDER to No. 920:
1. Approve enclosed:
1. Regulations on Department of economic investigations on Akmola area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 1 to this order;
2. Regulations on Department of economic investigations on the Aktyubinsk region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 2 to this order;
3. Regulations on Department of economic investigations across Almaty region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 3 to this order;
4. Regulations on Department of economic investigations on Atyrau area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 4 to this order;
5. Regulations on Department of economic investigations across the East Kazakhstan region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 5 to this order;
6. Regulations on Department of economic investigations on Jambyl area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 6 to this order;
7. Regulations on Department of economic investigations across the West Kazakhstan region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 7 to this order;
8. Regulations on Department of economic investigations across the Karaganda region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 8 to this order;
9. Regulations on Department of economic investigations across the Kostanay region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 9 to this order;
10. Regulations on Department of economic investigations on Kyzylorda area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 10 to this order;
11. Regulations on Department of economic investigations across Mangystau Region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 11 to this order;
12. Regulations on Department of economic investigations across the Pavlodar region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 12 to this order;
13. Regulations on Department of economic investigations on the North Kazakhstan area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 13 to this order;
14. Regulations on Department of economic investigations on the Turkestan region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 14 to this order;
15. Regulations on Department of economic investigations on the city of Almaty of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 15 to this order;
16. Regulations on Department of economic investigations on the city of Astana of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 16 to this order;
17. Regulations on Department of economic investigations on the city of Shymkent of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan according to appendix 17 to this order.
2. In the established legislation procedure to provide to management F 7 of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (further - Committee):
1) the direction of the copy of this order in paper and electronic type in the Kazakh and Russian languages 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;
2) placement of this order on Internet resource of Committee.
3. This order becomes effective from the date of its signing.
Chairman of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan
A. Dzhumadildayev
Appendix 1
to the Order of the Chairman of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan of January 16, 2019 No. P-3
1. The department of economic investigations on Akmola area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (further - Department) is the territorial authority of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) authorized on accomplishment within competence of functions according to the prevention, identification, suppression, disclosure and investigation of the criminal and administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body and other functions according to the legislation of the Republic of Kazakhstan.
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department is legal entity in form of business of public institution, has seals and stamps with the name in Kazakh, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
4. The department enters the civil relations from own name.
5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.
6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Department, and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 020000, Republic of Kazakhstan, Akmola area, city of Kokshetau, Ulitsa Pushkina, 21.
9. Full name of state body - republican public institution "Department of economic investigations on Akmola area of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.
13. Tasks of Department:
1) the prevention, identification, suppression, disclosure and investigation of the criminal and administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body;
2) accomplishment of other tasks, stipulated by the legislation Republic of Kazakhstan.
14. Functions of Department:
1) implementation of operational search activities according to the legislation of the Republic of Kazakhstan on operational search activities;
2) the prevention, identification, suppression, disclosure and investigation of the criminal offense carried by the legislation of the Republic of Kazakhstan to maintaining this body;
3) enhancement of forms and methods of fight with criminal offenses, carried by the legislation of the Republic of Kazakhstan to maintaining this body, development methodical recommendations;
4) implementation of operational search activities, inquiry and pretrial investigation, the analysis of practice of operational search, administrative, investigative activities and inquiry of bodies for financial monitoring, creation of the forecast of operational situation in the republic, taking measures of rapid response to the questions requiring intervention of bodies for financial monitoring;
5) implementation of search of persons on the criminal cases and cases on administrative offenses referred to maintaining bodies of state revenues, and defendants in the absence of data on their place of stay in the claims made for the benefit of the state according to the court order;
6) interaction with relevant organs of foreign states and participation within the powers in activities of the international organizations for fight against the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body;
7) interaction with other state bodies on ensuring economic safety of the Republic of Kazakhstan;
8) implementation of other powers, stipulated by the legislation Republic of Kazakhstan.
15. Rights and obligations of Department:
Rights:
1) to take part in development and program implementation of fight against crime in the Republic of Kazakhstan;
2) to conduct criminalistic researches according to the procedure, established by the legislation of the Republic of Kazakhstan;
3) to constitute protocols and to consider cases on administrative offenses, to perform administrative detention, and also to apply other measures provided by the Code of the Republic of Kazakhstan about administrative offenses;
4) according to the legislation of the Republic of Kazakhstan to detain and bring to service premises of bodies for financial monitoring or other bodies of the Republic of Kazakhstan persons who made offense;
5) to withdraw, execute search or seizure of documents, goods, objects or other property according to the criminal procedure legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on administrative offenses;
6) to make documentation, zvuko-, video, film, photographing, production of molds, prints, plans, schemes and other methods of imprinting of information according to legal acts of the Republic of Kazakhstan;
7) to acquire goods, including weapon, special technical and other means for accomplishment of the functions assigned to bodies for financial monitoring according to the legislation of the Republic of Kazakhstan;
8) to use physical force, including fighting acceptances of fight;
9) to perform operational search activities according to the legislation of the Republic of Kazakhstan on operational search activities;
10) to carry, store in the procedure established by the legislation of the Republic of Kazakhstan and to use fire and other weapon and special means;
11) to perform powers according to the criminal procedure legislation of the Republic of Kazakhstan;
12) on the materials and criminal cases which are available in production to have access to documents, materials, statistical information and other data, and also to demand their representation from heads and other officials of the organizations, physical persons, to make copies of them, to receive explanations;
13) to use the corresponding temporary detention centers, pre-trial detention centers according to the procedure, stipulated by the legislation the Republic of Kazakhstan;
To subject 14) on the criminal cases which are available in production to the drive of persons evading from appearance on challenge;
15) to escort the detainees and other persons taken into custody;
16) to bring representation according to the Code of penal procedure of the Republic of Kazakhstan;
17) to request and obtain information, documents, and also other data necessary for realization of the main objectives and functions of Department, in the procedure established by the legislation of the Republic of Kazakhstan and according to provisions of international treaties;
18) to perform preparation, retraining and advanced training of employees of Department;
Obligations:
19) to provide the corresponding mode of storage, protection and safety received in the course of the activities of information, data and documents, components the office, commercial, bank or protected by the law other secret;
20) to provide observance of the rights and legitimate interests of man and citizen, legal entities and the state in the course of implementation of financial monitoring;
21) to consider claims to actions (failure to act) of body for financial monitoring and (or) officials of body for financial monitoring according to the procedure and terms which are established by the legislation of the Republic of Kazakhstan;
22) to perform pre-judicial investigation on cases on the criminal offenses carried by the laws of the Republic of Kazakhstan to maintaining these bodies according to the procedure, provided by the Code of penal procedure of the Republic of Kazakhstan;
23) within the competence to carry out work on the prevention, suppression and identification of offenses;
24) to carry out the obligations established by the Code of penal procedure of the Republic of Kazakhstan, and also the Law of the Republic of Kazakhstan "About operational search activities";
25) to take measures for the prevention, identification, suppression, disclosure and investigation of the criminal offenses carried to maintaining according to the laws of the Republic of Kazakhstan;
To bring 26) to the administrative responsibility according to the procedure, established by the legislation of the Republic of Kazakhstan on administrative offenses;
To provide 27) according to the legislation of the Republic of Kazakhstan protection against illegal actions concerning activities of bodies for financial monitoring, officials of bodies for financial monitoring and members of their families;
To accept 28), to register and consider applications and messages about the made or preparing criminal offenses, to timely take measures for their suppression and disclosure, and also detention of persons which made them and to non-admission of socially dangerous effects;
29) to take within competence measures to ensuring compensation with the caused criminal offense carried by the legislation of the Republic of Kazakhstan to maintaining this body, property harm;
30) to take the measures for the state protection of persons who are involved in criminal trial provided by legal acts;
To provide 31) in Committee information necessary for realization of the main functions and tasks in the procedure established by the legislation;
32) to perform other rights and obligations, stipulated by the legislation the Republic of Kazakhstan.
16. Management of Department is performed of the head who bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.
17. The head of Department is appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.
18. The head of Department has the deputy who is appointed to position and is dismissed according to the legislation of the Republic of Kazakhstan.
19. Powers of the head of Department:
1) determines obligations and powers of workers and staff of structural divisions of Department;
2) makes in Committee the offer on the staff list of Department within limit of the number of staff of Department;
3) according to the legislation of the Republic of Kazakhstan appoints to positions and dismisses:
workers and staff of Department, except for deputy manager of Department;
heads of managements of Department in coordination with the chairman of Committee;
4) takes measures of disciplinary responsibility in the procedure established by the legislation of the Republic of Kazakhstan;
5) approves regulations on structural divisions of Department;
6) in the procedure established by the legislation of the Republic of Kazakhstan resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of workers and staff of Department;
7) bears the personal responsibility on anti-corruption;
8) bears the personal responsibility for accuracy of the information, provided in Committee;
9) within competence signs acts of Department;
10) is represented by Department in all state bodies and other organizations;
11) performs other powers, stipulated by the legislation the Republic of Kazakhstan.
Execution of powers of the head of Department in the period of its absence is performed by person replacing it according to the legislation of the Republic of Kazakhstan.
20. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation.
The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.
21. The property assigned to Department belongs to republican property.
22. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation.
23. Reorganization and abolition of Department is performed according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the Chairman of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan of January 16, 2019 No. P-3
1. The department of economic investigations on the Aktyubinsk region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (further - Department) is the territorial authority of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) authorized on accomplishment within competence of functions according to the prevention, identification, suppression, disclosure and investigation of the criminal and administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body and other functions according to the legislation of the Republic of Kazakhstan.
2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.
3. The department is legal entity in form of business of public institution, has seals and stamps with the name in Kazakh, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
4. The department enters the civil relations from own name.
5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.
6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Department, and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirm according to the current legislation.
8. Legal address of Department: 030006, Republic of Kazakhstan, Aktyubinsk region, city of Aktobe, street on March 8, 3A.
9. Full name of state body - republican public institution "Department of economic investigations on the Aktyubinsk region of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed from the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.
13. Tasks of Department:
1) the prevention, identification, suppression, disclosure and investigation of the criminal and administrative offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body;
2) accomplishment of other tasks, stipulated by the legislation Republic of Kazakhstan.
14. Functions of Department:
1) implementation of operational search activities according to the legislation of the Republic of Kazakhstan on operational search activities;
2) the prevention, identification, suppression, disclosure and investigation of the criminal offense carried by the legislation of the Republic of Kazakhstan to maintaining this body;
3) enhancement of forms and methods of fight with criminal offenses, carried by the legislation of the Republic of Kazakhstan to maintaining this body, development methodical recommendations;
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The document ceased to be valid since June 29, 2021 according to Item 1 of the Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of June 16, 2021 No. 137-HK