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

of January 15, 2020 No. 8

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 amendment:

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:

4) of Item 12 to state the subitem 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 and also in cases:

pre-judicial and judicial appeal before decision of higher body in cases of pre-judicial appeal and judgment in case of judicial appeal;

complete repayment by the taxpayer (tax agent) of the amounts of taxes and (or) other obligatory payments of the budget, and also penalty fee added by results of tax audit, by results of the made decision higher body in case of pre-judicial appeal or the judgments - in case of judicial appeal, except as specified, when charges are made according to dummy transactions, that is transactions without the actual performance of works, rendering services, shipment of goods, or non-presentation of the declaration when submission of the declaration is obligatory, or entering into the declaration of obviously distorted data on the income and (or) expenses, by concealment of other taxation objects and (or) other obligatory payments;";

add with Item 13-2 of the following content:

"13-2. According to the statements, messages or official reports for criminal offenses transferred on territoriality (jurisdiction), data on receipt are entered by authorized person without delay from the moment of the actual receipt of material, without repeated registration into KUI, with filling of the K-2 form.

On the material accepted on territoriality (jurisdiction) one of the decisions provided by Items 13 and 14 of these rules is accepted, at the same time the term of consideration is estimated from the moment of the actual receipt of material.";

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

"2) in the cases specified in part five of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official.

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).

The materials of checks and audits which are carried out according to the statements and messages which are earlier directed according to the procedure of part five of article 181 Code of Criminal Procedure RK repeatedly are fixed by the official of criminal prosecution authority within 24 hours from the moment of its receipt in KUI, with filling of the K-1 form.

On the material accepted after carrying out audit or check one of the decisions provided by Items 13 and 14 of these rules is accepted, at the same time the term of consideration is estimated from the moment of repeated registration in KUI;";

add with Item 30-1 of the following content:

"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, and also as a result of the lasting conflict between neighbors.";

state Item 40 in the following edition:

"Reliability of the filling of details, on the amounts caused and the extinguished damage, is provided with person performing pre-judicial investigation.";

add Item 44 with part two of the following content:

"Reliability of filling of the details "Forces and Means Promoting Disclosure of Offence" is provided with person performing pre-judicial investigation";

state Item 58 in the following edition:

"58. In case of establishment of the facts of discrepancy to information entered in ERDR to materials of criminal proceedings measures for elimination of the revealed violations by editing data are taken.

Editing data consists in change and (or) amendment of these details of forms, removal of earlier entered form in ERDR.

Change and (or) amendment of earlier entered data in details of the K-1 form according to appendix 1 to these rules and the K-2 forms according to appendix 2 to these rules, details with 1 on 5 and "Data on the applicant" in the E-1 form according to appendix 11 to these rules, are made by users independently.

Change and (or) amendment of earlier entered data in the same form is performed based on petitions of the initiators sent by means of ERDR to authorized body with appendix of supporting procedural documents, and also according to the official report of the authorized prosecutor approved with the head of authorized body what the body which data were edited without delay is notified on.

Removal in ERDR of proceeding decisions, the initiator of the petition, is approved with the supervising prosecutor.".

1, of 2, of 11, of 12, of 13, of 17, 18 to these rules to be reworded as follows appendices, according to appendices 1, of 2, of 3, of 4, of 5, of 6, 7 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) placement 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, and also to territorial authorities of Committee for data.

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 1

to the Order of the acting as the Attorney-General of the Republic of Kazakhstan of January 15, 2020 No. 8

Appendix 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

K-1 form

Accounting in KUI