I.O'S ORDER. ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2020 No. 82

About modification and amendments in some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting

I ORDER:

1. Approve the enclosed list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes and amendment are made.

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) placement of the copy of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

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

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

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

Appendix

to the Order of the Attorney-General of the Republic of Kazakhstan of July 2, 2020 No. 82

The list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes and amendment are made

1. In the order of the Attorney-General of the Republic of Kazakhstan of April 29, 2011 No. 39 "About approval of Rules of maintaining and use of accounting of the faces dismissed from public service for negative motives" (it is registered in the Register of state registration of regulatory legal acts for No. 6986, No. 196 is published in the Kazakhstanskaya Pravda newspaper of June 23, 2011 (26617):

in Rules of maintaining and use of accounting of the persons dismissed from public service for negative motives, approved by the specified order (further - Rules):

the fourth Item 2 to state part in the following edition:

"Managements of Committee on areas, the cities of republican value and the capital, Military management and regional Transportation Directorate of Committee (further - territorial authorities) conduct local accounting.";

the second Item 19 to state part in the following edition:

"Blank forms, procedure for their filling and the direction for check on accounting, and also completion dates are settled by the Rules of maintaining and use of special accounting of the persons who made criminal offenses, brought to trial, persons brought to trial for making of criminal offense and dactyloscopic accounting of the detainees who are held in custody and condemned persons, approved by the order of the Attorney-General of the Republic of Kazakhstan of February 27, 2018 No. 29 (it is registered in the Register of state registration of regulatory legal acts for No. 16667).";

appendices 1, 2 to Rules to be reworded as follows according to appendices 1, 2 to this List.

2. In the order of the Attorney-General of the Republic of Kazakhstan of September 23, 2013 No. 101 "About approval of the List of the personal data necessary and the sufficient for accomplishment performed tasks bodies of prosecutor's office" (it is registered in the Register of state registration of regulatory legal acts for No. 8808, No. 302 is published in the Kazakhstanskaya Pravda newspaper of October 26, 2013 (27576):

state preamble in the following edition:

"For the purpose of implementation of the subitem 1) of Item 2 of article 25 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" I ORDER:";

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

"2) in structural divisions of the Prosecutor General's Office, Academy of law enforcement agencies under the Prosecutor General's Office, the Main military and transport prosecutor's offices, prosecutor's offices of areas, cities of republican value and the capital, territorial authorities of Committee for data.".

3. In the order of the Attorney-General of the Republic of Kazakhstan of July 8, 2014 No. 70 "About creation of centralized databank of persons which did not fulfill obligations according to executive documents and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors), and approval of the Instruction for its maintaining" (it is registered in the Register of state registration of regulatory legal acts for No. 9628, it is published on September 15, 2014 in information system of law of Ad_let):

state preamble in the following edition:

"For the purpose of implementation of the subitem 14) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" I ORDER:";

in the Instruction for maintaining the Centralized databank of persons which did not fulfill obligations according to executive documents, and also persons which voluntarily did not perform resolutions on imposing of administrative penalty (centralized databank of debtors), approved by the specified order:

state Item 3 in the following edition:

"3. TsBDD is created based on data of the automated information systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - AIS KPSIS) provided by state bodies authorized to reveal administrative offenses and (or) to consider cases on administrative offenses (further - subjects of administrative practice) according to the order of the Attorney-General of the Republic of Kazakhstan of October 10, 2014 No. 114 "About approval of the Instruction for forming of centralized accounting of data on administrative offenses and persons, them made" (it is registered in the Register of state registration of regulatory legal acts for No. 9869 (further - the order No. 114)) and bodies of enforcement proceeding based on information accounting documents, provided by the order of the acting as the Attorney-General of the Republic of Kazakhstan of January 15, 2020 No. 10 "About approval of report form No. 4 "About work on execution of court resolutions" and Instructions for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 19882).".

4. In the order of the Attorney-General of the Republic of Kazakhstan of August 12, 2014 No. 81 "About creation of databank about the citizens of the Republic of Kazakhstan brought to trial, serving sentence abroad and approval of the Instruction for its maintaining (it is registered in the Register of state registration of regulatory legal acts for No. 9724, it is published on September 25, 2014 in information system of law of Ad_let):

state preamble in the following edition:

"For the purpose of implementation of article 11 of the Constitution of the Republic of Kazakhstan obliging the state to provide protection and protection the Kazakhstan citizens outside the country I ORDER:";

in the Instruction for maintaining databank about the citizens of the Republic of Kazakhstan brought to trial and serving sentence abroad approved by the specified order:

3, 4 to state Items in the following edition:

"3. Accounting and forming of databank is conducted by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

4. Forming of databank is performed by Committee in electronic format, by filling of card on the person brought to trial and serving sentence abroad (further - card), according to appendix 1 to this order.";

3) of Item 7 to state the subitem in the following edition:

"3) notices on change of sentence, release, parole or on the death of persons concerning which data were sent to Committee earlier.";

to state part one of Item 8 in the following edition:

"8. Introduction of the adjusting information, based on the written address of the citizen concerning which there are data in databank is allowed. The application for introduction of adjustments is directed to Committee.";

state Item 9 in the following edition:

"9. The employee of Committee during five (5) the working days after receipt of supporting documents enters their graphical copies and enters information in card.";

17, 18 to state Items in the following edition:

"17. DKS MFA RK forwards the documents which arrived from foreign institutions within 5 (five) working days in Committee.

18. In case of non-presentation of all documents by foreign institutions necessary for replenishment of databank, the Committee requests additional data from the relevant foreign institution through DKS MFA RK, except for copies of identity documents of the citizen of the Republic of Kazakhstan.";

20, 21 to state Items in the following edition:

"20. Foreign institutions of 1 (one) times a year send lists of the citizens of the Republic of Kazakhstan condemned and serving sentence in the territory of the respective consular district to DKS MFA RK.

For the purpose of ensuring completeness of the data provided on accounting, the Committee carries out 1 (one) time a year reconciliation of the list data provided by foreign institutions in DKS MFA RK and the data of the automated databank.

Results of reconciliation are drawn up by the act, constituted in duplicate, and signed by heads of DKS MFA RK and Committee.

21. Department, MU of RK and Ministry of Internal Affairs RK within 15 (fifteen) working days from the date of receipt of documents send to Committee of the copy of the convictions which took legal effect, received according to the procedure, provided by international treaties of the Republic of Kazakhstan.".

5. 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):

state preamble in the following edition:

"According to part 3 of Article 180 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 I ORDER:";

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:

state Item 30-1 in the following edition:

"30-1. When filling the E-1 form to mean that it is necessary to understand the intentional or careless acts encroaching on life, health, honor, advantage and the personal freedom made as a result of the conflict between the faces consisting in the registered or actual matrimonial or other related relations as the concept "criminal offenses in the home sphere", persons jointly living.";

add Item 58 with part of the following content:

"The details "forces and means promoting disclosure of criminal offense" entered in the accounting period are edited according to the petition of body of investigation without appendix of supporting documents.";

to be reworded as follows appendix 16 to these rules according to appendix 3 to this List.

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