ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 15, 2021 No. 17

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 additions 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 day of its first official publication.

Appendix

to the Order of the Attorney-General of the Republic of Kazakhstan of February 15, 2021 No. 17

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 additions are made

1. 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):

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) (further – the Instruction):

state heading in the following edition:

"The instruction for maintaining 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)";

 state Item 1 in the following edition:

"1. This Instruction for maintaining 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) (further – the Instruction) is developed according to the subitem 14) of Item 3 of article 12 of the Law of the Republic of Kazakhstan of December 22, 2003 of Article 12.";

 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 acting as the Attorney-General of the Republic of Kazakhstan of July 10, 2020 No. 85 "About approval of Rules of maintaining the Unified register of administrative productions" (it is registered in the Register of state registration of regulatory legal acts for No. 20962) (further - the order No. 85) 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).";

 state Item 8 in the following edition:

"8. If the administrative penalty, or debt on executive documents are paid partially, the debtor remains on accounting in TsBDD before complete payment. The same requirement is effective if concerning the debtor in TsBDD there are data according to two and more executive documents, and resolutions on imposing of administrative punishment in the form of penalty.";

  to state the right upper corner of appendix 1 to the Instruction in the following edition:

"Appendix 1

to the Instruction for maintaining 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)";

  to state the right upper corner of appendix 2 to the Instruction in the following edition:

"Appendix 2

to the Instruction for maintaining 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)".

2. 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):

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 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 ERDR;

3) the biometric reader - the specialized peripheral device for authentication of the user of system in biometric parameters of fingerprint;

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 regarding 1  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 regarding 1  article 180 Code of Criminal Procedure RK the 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 regarding 1  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;

22) the public sector – the functionality of ERDR allowing the participant of criminal procedure by means of the Internet with observance of requirements of information security and confidentiality to get remote access to the available and other data to ERDR on the made proceeding decisions, the criminal case file concerning itself or about the face protected by it, to make complaints and petitions.";

 state Item 7 in the following edition:

"7. The coupon notification consists of two parts:

root of the coupon notification which remains in criminal prosecution authority;

the detachable coupon notification which is issued to the applicant.

Originals of roots of coupons notifications are documents of the strict reporting, are stored within 3 years in criminal prosecution authorities.

On the back of the detachable coupon notification the address of the www.qamqor.gov.kz Internet resource, phone numbers are specified: 8 800-080-7777 (from stationary), 1414 (from mobile) on which the applicant can obtain the relevant information and phone of the criminal prosecution authority which adopted the statement.";

 state Item 20 in the following edition:

"20. Maintaining ERDR consists in filling with the official who made the decision, the corresponding details of electronic information accounting documents - the forms (further – form) on each action and the decision for criminal proceedings signed by the EDS, according to the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature", the state bodies transferred to authorized body by means of the Single transport circle.

In case of input of data the complete description of criminal offense and the bases of adoption of the subsequent decision, except as specified, provided   by Items 34 and 35 of these rules is made.

In case of availability in ERDR of electronic templates of proceeding decisions and actions, their filling it is obligatory in strict accordance with the criminal case file.";

 state Item 20-1 in the following edition:

"20-1. When conducting criminal trial in paper format the body of pre-judicial investigation sends to the prosecutor for approval or approval proceeding decisions, and also in the cases provided by the Code of Criminal Procedure of RK notifies the prosecutor on the made decisions and sends to the copy of the proceeding decisions and other criminal case file in electronic format except for requiring preserving confidentiality.

Conducting criminal trial in electronic format by means of ERDR 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).";

 state Item 43 in the following edition:

"43. Body pre-judicial investigation transfers to the prosecutor the electronic proceeding decisions and forms on them entered into ERDR which according to the Code of Criminal Procedure of RK are subject to them to approval or approval.

The prosecutor in ERDR approves or approves the proceeding decision, refuses its approval and approval without delay or in the terms provided by the Code of Criminal Procedure of RK after studying of the decision of body of pre-judicial investigation, and also the cases established by the law or if necessary after studying of the criminal case file.

Also the decisions on prolongation of term of pre-judicial investigation and transfer of the statement registered in ERDR and messages on criminal offense entered into ERDR on competence according to the procedure of part 2 of article 186 Code of Criminal Procedure RK are transferred to the prosecutor to the signature.

Accounting of the specified electronic proceeding decisions and forms is made after their signing by the prosecutor by means of the EDS.";

 state Item 56 in the following edition:

"56. Data on registration of a statement, the message or the official report on criminal offense, on the proceeding decisions which are subject to approval or approval, and also electronic templates of proceeding decisions and actions are entered into ERDR without delay.";

 state Item 57 in the following edition:

"57. Data in other forms are entered no later than 24 hours from the moment of decision making.";

add with Chapter 10-1 of the following content:

"Chapter 10-1. Public sector

57-1. The participant of criminal procedure from the moment of acquisition of the procedural status with observance of requirements of article Code of Criminal Procedure RK has the right to get by means of the public sector access to the available and other data to ERDR on the made proceeding decisions, the criminal case file concerning himself or about the face protected by it.

Also through the public sector submission of petitions, the claims provided by Chapter 13 of the Code of Criminal Procedure of RK and receipt of answers to them in electronic format is possible.

Connection to the Internet, availability of the EDS and registration on the public sector are necessary for participants of criminal procedure for work with the public sector.

Access to proceeding decisions which according to requirements of the Code of Criminal Procedure of RK are subject to delivery is provided to participants of criminal procedure.

Registration of participants of criminal procedure is made independently in the public sector taking into account the restrictions provided by articles Codes of Criminal Procedure RK.

Access is provided by person performing pre-judicial investigation in the amount established by the Code of Criminal Procedure of RK.";

in appendix 1 to the specified Rules:

state Item 5.1 in the following edition:

"5.1 Message: against the personality (03), against family and minors (04), against the constitutional and other rights and freedoms of man and citizen (05), against the world and safety of mankind (06), against bases of the constitutional system and safety of the state (07), against property (08), in the field of informatization and communication (09), in the field of economic activity (10), against interests of service in commercial and other organizations (11), against public safety and public order (12), against health of the population and morality (13), about medical criminal offenses (14), about environmental criminal offenses (15), made on transport (16), connected with corruption and against interests of public service and public administration (17), against procedure for management (18), against justice and procedure for execution of the punishment (19), about military criminal offenses (20).";

add with Item 5.4 of the following content:

"5.4 The message is registered: in the home sphere (01), within tax audit (02), other (3).";

in appendix 2 to the specified Rules:

add with Item 6.1 of the following content:

"6.1 Need of search actions: it is not required (1), lost communication with relatives (2), unidentified person (3).";

appendix 4 to the specified Rules to be reworded as follows according to appendix 1 to this List;

in appendix 11 to the specified Rules:

state Item 20.1 in the following edition:

"20.1. Data: confidential (01), confidential (02), not confidential (01), unclassified (02).";

state Item 33.1 in the following edition:

"33.1 Additional data: catastrophic crash (01), it is connected with military equipment (02), it is connected with the special equipment (03), careless handling of weapon (04), careless handling of explosives (05), defeat by electric current (06), impact of low temperatures (07), with restriction at the order (08), connected with Scientific Production Enterprise, analogs, toxic agents and precursors (09), by the order (12), using violence (13), it is connected with violation of constitutional rights of citizens (15); it is connected with kindling of social hostility (20), it is connected with kindling of the race hatred (21), it is connected with kindling of patrimonial hostility (22), it is connected with kindling of racial hostility (23), it is connected with incitement of religious strife (24), disturbing the public peace (25), the underground workshop (26), production and (or) realization of unaccounted products (27), underground casino (28), underground online casino (29), the slot machine hall (30), mini-oil refineries (oil refinery) (31), the petroterminal (32), import from abroad (33), connected, with laundering of the income (34), connected with terrorism financing (35), partners of the pseudo-companies (36), the drug lab is revealed (38).";

appendix 12 to the specified Rules to be reworded as follows according to appendix 2 to this List;

appendix 13 to the specified Rules to be reworded as follows according to appendix 3 to this List;

in appendix 16 to the specified Rules:

state Item 3.1 in the following edition:

"3.1. It is spent drugs: by results of conducting comparative examination (1), by results of conducting repeated examination (2).";

add with Item 3.2. following content:

"3.2. It is stored out of left-luggage office: (01).";

state Item 8 in the following edition:

"8. Withdrawal of Scientific Production Enterprise, their analogs as a result of joint operation with: Committee of homeland security (further – KNB) (01), the Ministry of Internal Affairs (02), financial monitoring Agency of the Republic of Kazakhstan (03), anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service) (04), the Border service of KNB (05), others (06).";

add with Item 13.1. following content:

"13.1. The name and amount of the withdrawn (destroyed) extremist or terrorist materials:

The name of the information material containing signs of extremist or terrorist nature	Amount of the materials recognized by court extremist or terrorist	Material type	Number of civil case	Date of the introduction of the judgment in legal force	Note

                                                                                                         .";

appendix 17 to the specified Rules:

add with Item 6.2. following content:

"6.2. Business Identification Number (BIN) _____________________";

add with Item 6.3. following content:

"6.3. Name of the _____________________________________ organization".

3. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 101 "About approval of form of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" and Instruction for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 9859, it is published on November 24, 2014 in information system of law of Ad_let):

 to be reworded as follows the form of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" approved by the specified order according to appendix 4 to this List;

in the Instruction for forming of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" approved by the specified order:

  to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

 state Item 2 in the following edition: 

"2. Treat subjects of legal statistics: Committee of homeland security of the Republic of Kazakhstan, Ministry of Defence of the Republic of Kazakhstan, Ministry of Internal Affairs of the Republic of Kazakhstan and financial monitoring Agency of the Republic of Kazakhstan.

Supplied according to the Section 7 "Data on Results of Registration of Persons with the Mental and Behavioural Disturbances Caused by the Use of Drugs and Psychotropic Substances" of the report, represent managements of health care of akimats of areas, cities of republican value and the capital, and territorial subdivisions of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan.";

 state Item 3 in the following edition:

"3. The basis for forming of the report, the electronic information accounting documents of the Unified register of pre-judicial investigations (further – EIUD) completed with subjects of legal statistics and special accounting according to requirements of 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", registered in the Register of state registration of regulatory legal acts for No. 9744 (further – ERDR) and based on the data provided on centralized accounting of administrative offenses of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan are (further - Committee) (the Section 5).";

 state Item 5 in the following edition:

"5. Tables G, D, E of Section 3 and Section 7 of the report are created by territorial authorities of Committee, signed by their chiefs and go to central office of Committee.";

 state Item 6 in the following edition:

"6. Chiefs of territorial authorities of Committee provide reliability of the arriving data of ERDR on places.";

  to state heading of Chapter 2 in the following edition:

"Chapter 2. Terms of submission of the report";

 state Item 7 in the following edition:

"7. The report is created quarterly, with the accruing result and it is submitted:

1) Sections 1, of 2,   tables A, B, B of Section 3 and Sections 4, of 6, of the 8th report are created by Committee quarterly.

Chiefs of territorial authorities provide processing of data of information electronic forms in ERDR till 24:00 o'clock the last day of month under report;

2) the supplied tables G "The information on the drugs spent for examination, psychotropic substances", D of "Data on the precursors spent for examination", E "Data on the toxic agents spent for examination" of Section 3 of the report are represented by territorial subdivisions of the Center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan to 3rd following the accounting period, territorial authorities of the Committee in Committee to the 5th following the accounting period;

3)  Section 7 of the report is submitted subjects of legal statistics and special accounting in territorial authorities of Committee to 1 date, territorial authorities of the Committee in Committee to the 4th following the accounting period.";

  to state heading of Chapter 3 in the following edition:

"Chapter 3. Data on the criminal offenses connected with drug trafficking, psychotropic or toxic agents, precursors, their analogs (Section 1 of the report)";

  to state heading of Chapter 4 in the following edition:

"Chapter 4. The information about persons who made the criminal offenses connected with drug trafficking, psychotropic or toxic agents, their analogs and precursors (Section 2 of the report)";

  to state heading of Chapter 5 in the following edition:

"Chapter 5. Data on withdrawal and destruction of drugs, psychotropic or toxic agents and precursors (Section 3 of the report)";

 state Item 15 in the following edition:

"15. Section 3 of the report contains data on withdrawal from drug trafficking, psychotropic or toxic agents, precursors and their destruction on versions and quantity.

The Section of the report consists of tables A "Data on withdrawal and destruction of drugs, psychotropic substances", A-1 "Data on the drugs, psychotropic substances withdrawn during the joint actions of law enforcement agencies", B of "Data on withdrawal and destruction of precursors" In "Data on withdrawal and transfer of toxic agents", Of "Data on the drugs spent for examination, psychotropic substances", D of "Data on the precursors spent for examination", E "Data on the toxic agents spent for examination.";

 state Item 18 in the following edition:

"18. In columns 1, 2 tables A-1 are reflected the total quantity of drugs, psychotropic substances of the law enforcement agencies withdrawn during the joint actions in the accounting period expressed in grams, milliliters.";

  to state heading of Chapter 6 in the following edition:

"Chapter 6. The information about persons who made criminal offenses in condition of the use of drugs, psychotropic substances and their analogs, the precursors staying on the registry in law-enforcement bodies (Section 4 of the report)";

  to state heading of Chapter 7 in the following edition:

"Chapter 7. Data on the administrative offenses connected with drug trafficking, psychotropic substances, their analogs or precursors (Section 5 of the report)";

  to state heading of Chapter 8 in the following edition:

"Chapter 8. Data on identification and destruction of the areas of growth of wild-growing hemp, illegal crops and cultivation of opium, blue poppy, hemp, ephedra and other types of the plants containing narcotic substances (Section 6 of the report)";

  to state heading of Chapter 9 in the following edition:

"Chapter 9. Data on results of registration of persons with the mental and behavioural disturbances caused by the use from drugs, psychotropic substances (Section 7 of the report)";

 state Item 26 in the following edition:

"26. In graphs of the table A the total quantity of persons, with dependence on drugs, psychotropic substances is reflected: from them women, minors.

In lines the number of persons staying on the registry is reflected.

When filling the table it is necessary to be guided by the following: according to the International Statistical Classification of the diseases and problems connected with health of the 10th review, the accepted World Health Organization in 1994 (further – MKB-10) patients with codes of diagnoses F 11, F 12, of F14 treat persons using drugs; patients with codes of diagnoses F 11, F 12, F 13, F 14, F 15, F 16, F 18, of F19 treat persons using psychotropic substances.";

 state Item 27 in the following edition:

"27. In line 1 the number of persons using narcotic, psychotropic substances is specified the beginning of the accounting period.

Indicators of number of persons which were on accounting by the end of the reporting period are transferred from line 12 to line of 1 following of the accounting period (year). Indicators of line 1 do not change during all accounting period.

In line 2 the number of the persons registered in the accounting period, including registered for the first time is reflected (line 3) and arrived from the places of detention which did not recover from drug addiction and needing treatment in the place of residence (line 4).

In line 5 the number of persons struck off the register in the accounting period, from them in lines with 5 on 11 quantity, struck off the register on the following bases is reflected: in connection with remission at least 12 months, condemnation to imprisonment, change of the permanent residence, with death, transition to other age group and other reasons.

In lines with 13 on 16 of line 12 the information about persons staying on the registry by the end of the reporting period on age groupes in lines with 17 on 19 - in the place of residence and occupation is reflected.";

 state Item 28 in the following edition:

"28. In the table B data on types of the consumed drugs, psychotropic substances are reflected.

In column 1 the total quantity of persons using drugs is specified, psychotropic substances MKB-10 agrees.

In lines 1-19 drugs, psychotropic substances on their international qualifiers of MKB-10 disease are reflected.";

 state Item 29 in the following edition:

"29. In the table B the information about persons who died as a result of overdose or toxic effect of drugs, psychotropic substances is reflected.

In graphs the number of persons who died of overdose or toxic effect of drugs and psychotropic substances for the accounting period of all (the column 1), including staying on the registry in the narcological treatment-and-prophylactic organizations for the beginning of the accounting period of all and from them - women (2 and 3 graphs) is specified.

In lines data on the dead of all for the accounting period (1 line), including on age are reflected: up to 14 years inclusive, 15-17 years, 18-29 years, the 30th year are also more senior (lines with 2 on 5).";

 state Item 30 in the following edition:

"30. In the table G of the report the information about the number of persons with dependence on the drugs, psychotropic substances containing in correctional facilities is reflected.

In line 1 the number of persons with the mental and behavioural disturbances caused by the use of drugs, the psychotropic substances containing in correctional facilities for the beginning of the accounting period is specified.

Indicators of number of persons which were on accounting by the end of the reporting period following the results of year from line 11 are transferred to line of 1 following of the accounting period (year). Indicators of line 1 do not change during all accounting period.

In line 2 the number of persons staying on the registry in the accounting period, from them in line 3 - registered for the first time is considered. In line 4 the number of persons struck off the register in the accounting period is specified including in lines 5-10 persons struck off the register on the following bases are excreted: in connection with remission more than 5 years, disposal from organization, including persons needing further treatment and in connection with death.

From line 11 in lines 12, of 13, of 14, 15 the information about persons staying on the registry by the end of the reporting period, distributed on age categories is reflected.

In column 1 the persons which are on accounting using the drugs and psychotropic substances registered in places of detention including in column 2 - person, with the determination of courts about forced treatment connected with the use of drugs are considered. In columns 3-5 from column 1 specified persons are distributed on women, minors and persons, with drug addiction.

Similarly in the corresponding graphs the using precursors are subject to accounting of person.";

 exclude Chapter 10;

  to state heading of Chapter 11 in the following edition:

"Chapter 11. Data on withdrawal and destruction of physical evidences on criminal cases (Section 8 of the report)";

 state Item 32 in the following edition:

"32. Section 8 contains data on withdrawal of physical evidences on criminal cases and their destruction on versions and the number of physical evidences.

In column 1 the total quantity of the physical evidences withdrawn in the accounting period is reflected.".

4. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 102 "About approval of form of the statistic report No. 1-E "About work of criminal prosecution authorities" and Instructions for its creation" (it is registered the Register of state registration of regulatory legal acts for No. 9852, it is published on November 24, 2014 to information system of law of Ad_let):

form of the statistic report No. 1-E "About work of criminal prosecution authorities", approved by the specified order to be reworded as follows according to appendix 5 to this List;

in the Instruction for creation of form of the statistic report No. 1-E "About work of criminal prosecution authorities", approved by the specified order:

 state Item 3 in the following edition:

"3. The basis for report generation are the data of electronic information accounting documents (further – EIUD) the Unified register of pre-judicial investigations (further – ERDR) completed with the staff of criminal prosecution authorities (bodies of inquiry, investigators, prosecutors) according to 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).

Calculation of Sections is made by date of input of EIUD in ERDR by the staff of criminal prosecution authorities (bodies of inquiry, investigators, prosecutors).";

 state Item 6 in the following edition:

"6. The summary report on the republic, and also on the region and each subject of legal statistics is created in the automated mode in central office of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee).

Chiefs of territorial authorities of Committee provide reliability of the arriving data of ERDR on places and take necessary measures for elimination of misstatements of the reporting.";

 state Item 9 in the following edition:

"9. The committee sends the summary report and reports on each criminal prosecution authority to the Prosecutor General's Office of the Republic of Kazakhstan to the 5th, following the accounting period, in electronic format on their official e-mail addresses.

If the termination of term is necessary on non-working (output, festive) day, then is considered the first, following it, working day last afternoon of term.";

 state Item 11 in the following edition:

"11. In column 1 with the accruing result (with repeated decisions) general indicators of work of criminal prosecution authorities for the accounting period, in column 2 for current month, with differentiation of work of investigation authorities are specified (columns 3, 4) and inquiry (the columns 5,6).";

 state Item 12 in the following edition:

"12. Lines contain the main indicators of work of criminal prosecution authorities, including the remaining balance put, being in production for the beginning of the accounting period (line 1), it is accepted to proceedings (line 2), the number of criminal cases which were in production in the accounting period (line 18) on which conducting criminal trial in electronic format (line 19) is appointed.";

 state Item 13 in the following edition:

"13. Data on the ended criminal cases (the main cases, and also the criminal cases on the ended episodes attached to the main cases), including in electronic format are distributed in the lines with 21 on 51.";

 state Item 14 in the following edition:

"14. In lines with 52 on 53 the cases directed on competence, in lines with 54 on 57 – the criminal cases directed to the prosecutor for review of interruption of criminal case in lines with 58 on 59 – data on work of the chief of body of inquiry on application of mandative production, in lines with 60 on 64 – the criminal cases taken by the prosecutor to court are reflected.";

 state Item 15 in the following edition:

"15. Petitions of criminal prosecution authorities for investigative actions are specified in lines with 68 on 95.";

 state Item 15-1 in the following edition:

"15-1. In line 96 the conclusions on production about the confiscations of property directed to the prosecutor according to the procedure of part five of Article 668 of the Code of penal procedure of the Republic of Kazakhstan are reflected (further - the Code of Criminal Procedure of RK).";

 state Item 30 in the following edition:

"30. The specified table contains data on the number of criminal cases according to which terms of pre-judicial investigation according to the procedure of  article 45 Code of Criminal Procedure RK are interrupted and consists of 8 columns and 54 lines.";

 state Item 31 in the following edition:

"31. In column 1 with the accruing result (with repeated decisions) indicators of work of criminal prosecution authorities on criminal cases with the interrupted terms of pre-judicial investigation for the accounting period, in column 2 for current month, with differentiation of work of investigation authorities are specified (columns 3, 4) and inquiry (the columns 5,6). The refusal of the prosecutor in approval of interruption of pre-judicial investigation is reflected in columns 7, 8.";

 state Item 36 in the following edition:

"36. In line 34 the number of the made proceeding decisions after refusal by the prosecutor in approval of the resolution on interruption of terms of pre-judicial investigation is displayed.";

 state Item 37 in the following edition:

"37. From line 34 the made proceeding decisions are reflected in lines with 35 on 43.";

 state Item 38 in the following edition:

"38. This table contains data on the stopped criminal cases and consists of 8 columns and 78 lines.";

 state Item 39 in the following edition:

"39. In column 1 with the accruing result (with repeated decisions) indicators of work of criminal prosecution authorities on the stopped criminal cases for the accounting period, in column 2 for current month, with differentiation of work of investigation authorities are specified (columns 3, 4) and inquiry (the columns 5,6). The refusal of the prosecutor in approval of the termination of pre-judicial investigation is reflected in columns 7, 8.";

 state Item 45 in the following edition:

"45. In line 45 the number of the made proceeding decisions after refusal by the prosecutor in approval of the resolution on the termination of criminal case is displayed.";

 state Items 46 in the following edition:

"46. From line 45 the made proceeding decisions are reflected in lines with 46 on 54.";

 state Item 47 in the following edition:

"47. In line 55 of line 1 the number of the resolutions on the termination of criminal case repealed by the prosecutor, including according to the petition of the criminal prosecution authority is displayed.";

 state Item 48 in the following edition:

"48. From line 55 in lines with 57 on 69 the bases of the termination of criminal cases under articles 35 and 36 Codes of Criminal Procedure RK are displayed.";

 state Item 49 in the following edition:

"49. In lines with 70 on 78 the made proceeding decisions after cancellation by the prosecutor of the resolution on the termination of criminal case are displayed (line 55).";

  to state heading of paragraph 6 in the following edition:

"Paragraph 6. "Indicators of work of criminal prosecution authorities about the number of persons concerning whom criminal prosecution is stopped on the rehabilitating bases or the verdict of not guilty is pronounced". (table No. 6)";

 state Item 68 in the following edition:

"68. This table contains the information about the number of persons concerning which criminal prosecution is stopped or the verdict of not guilty is pronounced and consists of 12 columns and 28 lines.";

 state Item 69 in the following edition:

"69. In column 1 with the accruing result (with repeated decisions) indicators of work of criminal prosecution authorities about the number of persons concerning whom criminal prosecution is stopped on the rehabilitating bases are specified or the verdict of not guilty in case of investigation of criminal cases for the accounting period is pronounced, including for current month (the column 2) to which concerning persons decisions were accepted in last years (the column 3), on cases in electronic format (the column 4), with differentiation of work of investigation authorities (the column with 5 on 8) and inquiries (columns with 9 on 12).";

 state Item 71 in the following edition:

"71. In line 2 of line 1 cases on criminal offenses are allocated.";

 state Item 72 in the following edition:

"72. In line 3 persons concerning whom the resolution on qualification of acts was announced are reflected (line 4), detention according to the procedure of  article 128 Code of Criminal Procedure RK was applied (the line 6), was chosen any measure of restraint (line 8), and then production is stopped on Items 1), 2), 5), 6), 7), 8) of parts 1 and 2  of article 35 Code of Criminal Procedure RK.";

 state Item 73 in the following edition:

"73. In line 10 of line 1 persons to whom detention according to the procedure of article 128 Code of Criminal Procedure RK was applied are reflected (the line 15), was chosen any measure of restraint (lines 17, of 18), and then production by court is stopped on Items 1), 2), 5), 6), 7), 8) of parts 1 and 2  of article 35 Code of Criminal Procedure RK.";

 state Item 74 in the following edition:

"74. In terms with 12 on 14 the decisions made by judicial authorities of the first, appeal and cassation instances are specified.";

 state Item 75 in the following edition:

"75. In line 19 of line 1 justified persons on the taken sentences legal effect, the taken-out judicial authorities of the first, appeal and cassation instances are reflected.";

 state Item 76 in the following edition:

"76. In line 28 the number of persons concerning whom it was refused approval of qualification of acts is reflected.";

 state Item 78 in the following edition:

"78. In column 1 with the accruing result (with repeated decisions) indicators of work of criminal prosecution authorities for minors for the accounting period with differentiation of work of investigation authorities are specified (the column 2) and inquiries (the column 3). The refusal of the prosecutor in approval/approval of proceeding decisions is reflected in column 4.".

5. In the order of the Attorney-General of the Republic of Kazakhstan of December 18, 2015 No. 147 "About approval of Rules of calls accounting of physical persons and legal entities" (it is registered in the Register of state registration of regulatory legal acts for No. 12893, it is published on February 1, 2016 in information system of law of Ad_let):

in Rules of calls accounting of the physical persons and legal entities approved by the specified order (further - Rules):

appendix 2 to the specified Rules to be reworded as follows according to appendix 6 to this List;

in appendix 3 to Rules:

to state Item of code 29 in the following edition:

"29 – Kandas;".

6. In the order of the Attorney-General of the Republic of Kazakhstan of December 22, 2015 No. 151 "About approval of Rules of use of information exchange system of law enforcement, special state and other agencies" (it is registered in the Register of state registration of regulatory legal acts for No. 12786, it is published on January 18, 2016 in information system of law of Ad_let):

in Rules of use of information exchange system of law enforcement, special state and other agencies (further – Rules):

in appendix 1 to the specified Rules:

state Item 7 in the following edition:

"

7.

The investigator of the Agency of the Republic of Kazakhstan on financial monitoring (further – AFM)

+

+

+

                                                                                                        .";

state Item 11 in the following edition:

"

11.

Officer of AFM

+

+

+

+ (accounting and registration discipline)

                                                                                                        .";

appendix to 3 specified Rules to be reworded as follows according to appendix 7 to this List.

7. In the order of the Attorney-General of the Republic of Kazakhstan of April 25, 2016 No. 84 "About approval of forms of court reports in the criminal and legal sphere, electronic information accounting documents and the Instruction for their forming" (it is registered in the Register of state registration of regulatory legal acts for No. 13776, it is published of June 21, 2016 in information system of law of the Republic of Kazakhstan of Ad_let):

in appendix 13 to the specified order:

 state Item 9 in the following edition:

"9. Kandas:".

8. In the order of the Attorney-General of the Republic of Kazakhstan of August 4, 2017 No. 78 "About approval of Rules of maintaining and use of special accounting of the faces which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification caused by mutilation or other damage to health, the death of the supporter" (it is registered in the Register of state registration of regulatory legal acts for No. 15639, it is published on September 18, 2017 in Reference control bank of regulatory legal acts):

in Rules of maintaining and use of special accounting of persons which disappeared from inquiry, the investigation, court and also persons evading from serving sentence or implementation of probation of control the missing persons who lost communication with relatives not capable to report about herself adjusting data, corpses which personality is not identified also the searched persons which are debtors on enforcement proceeding, defendants in the claims made for the benefit of the state, and also for collection of the alimony, indemnification, caused by mutilation or other damage to health, the death of the supporter (further – Rules), approved by the specified order:

appendix 12 to the specified Rules to be reworded as follows according to appendix 8 to this List.

appendix 13 to the specified Rules to be reworded as follows according to appendix 9 to this List.

9. In the order of the Attorney-General of the Republic of Kazakhstan of July 14, 2016 No. 125 "About approval of the report of form No. 3-K "About the corruption crimes, persons which made them, condemned movement of criminal cases about corruption crimes and about subjects of corruption offenses" and Instructions for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 14126, it is published on September 1, 2016 in information system of law of Ad_let):

the report of form No. 3-K "About the corruption crimes, persons which made them, condemned, movement of criminal cases about corruption crimes and about subjects of corruption offenses", approved by the specified order to be reworded as follows according to appendix 10 to this List;

in the Instruction for report generation of form No. 3-K "About the corruption crimes, persons which made them, condemned, movement of criminal cases about corruption crimes and about subjects of corruption offenses", approved by the specified order:

state Item 3 in the following edition:     

"3. The report on the republic is created by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee) based on data of the Unified register of pre-judicial investigations (further – ERDR), information system of judicial authorities of the Republic of Kazakhstan and information accounting documents of forms 1-AB "About initiation of proceedings about administrative offense" and 1-AP "About the course of movement, consideration of the case about administrative offense and about procedure for execution of administrative punishment", approved by the order of the acting as the Attorney-General of the Republic of Kazakhstan of July 10, 2020 No. 85 "About approval of Rules of maintaining the Unified register of administrative productions" (it is registered in the Register of state registration for No. 20962).";

state item 4 in the following edition:  

"4. The report is created by Committee monthly with the accruing result in the automated mode. Chiefs of territorial authorities of Committee provide processing of data of electronic information accounting documents in ERDR till 24:00 o'clock the last day of month under report.

Chiefs of territorial authorities of Committee provide reliability of the arriving data of ERDR on places.";

state Item 5 in the following edition:     

"5. Section 1 of the report reflects the main data on corruption crimes, criminal cases on which were in production of the criminal prosecution authorities registered, ended by investigation on which terms of pre-judicial investigation are interrupted in the accounting period, and also data on compensation of damage suffered.

Section 1-1 of the report reflects the main data on corruption criminal cases without the episodes which were in production of the criminal prosecution authorities registered, ended by investigation on which terms of pre-judicial investigation are interrupted in the accounting period, and also data on compensation of damage suffered.

Section 2 of the report reflects data on corruption crimes according to which pre-judicial investigation concerning persons authorized on accomplishment of the state functions, and persons equated to them is begun.

In Section 3 of the report the information about persons who committed corruption crimes is reflected.

Section 4 of the report includes data on faces of convicts, justified, criminal cases concerning which are stopped by court, to which enforcement powers of medical nature are applied, and also are specified the appointed punishment measures.

Section 5 of the report contains the information about subjects of the corruption offenses brought to the administrative responsibility for making of administrative corruption offenses with breakdown on regions.

Section 5-1 contains the information about subjects of the corruption offenses which initiated proceedings on administrative corruption offenses with breakdown under articles 676-681 of the Code of the Republic of Kazakhstan about administrative offenses.

Section 5-2 contains the information about subjects of the corruption offenses which initiated proceedings on administrative corruption offenses with breakdown on regions.";

state Item 6 in the following edition:

"6. In line 1 of Section 1 the total quantity of corruption crimes is reflected, from them in lines 2-5 corruption crimes are specified with breakdown on weight of crime. From line 1 in lines 6-22 the crimes carried to corruption according to  the Criminal Code of Kazakhstan are listed (further – the Criminal Code of Kazakhstan). In line 23 the crimes requalified on the articles of the Criminal Code of RK which are not entering the list of corruption are reflected.

In column 1 the crime amount, criminal cases on which were in production of criminal prosecution authorities in the accounting period, is reflected.

This number includes crimes of last years on which:

proceeding decisions are not made;

for the first time proceeding decisions are made in the accounting period;

pre-judicial investigation in the accounting period is begun;

are directed on competence in the accounting period with removal from accounting.

In column 2 the crime amount, the acts registered in ERDR in the accounting period, except for, criminal cases on which are stopped with removal from accounting, is specified. In case of registration of crime by one criminal prosecution authority and the subsequent transfer on competence to other body in this column the crime is specified only in the report of the body which registered crime. In this case excess of indicators of column 2 over column 1 indicators is admissible.

Data on crimes according to which criminal cases are for the first time ended by investigation in the accounting period are reflected in column 3 with their distribution to columns 4 and 5 depending on final proceeding decisions. Crimes on which are dismissed cases on Items 1), 2), 5), 6), 7), 8) parts 1 of Article 35 of the Code of penal procedure of the Republic of Kazakhstan (further – the Code of Criminal Procedure of RK) are specified in column 6.

In column 7 data on crimes according to which terms of pre-judicial investigation are for the first time interrupted, with their reflection on the decision making bases in columns 8-13 are specified.

In column 14 the crime amount on which terms of pre-judicial investigation are interrupted for the first time in the accounting period on the Item bases 4) of part 7  of article 45 Code of Criminal Procedure RK, in column 15 - crimes of last years on which terms of pre-judicial investigation are interrupted in previous years on the Item bases 4) of part 7 of article 45 Code of Criminal Procedure RK is specified.

Column 16 reflects the established size of the material damage (in thousands of tenges) caused by crimes on which criminal cases for the first time in the accounting period are taken to court or stopped on Items 3), 4), 9), 10), 11), 12) of part 1 of Article 35 and article 36 Code of Criminal Procedure RK. In column 17 the amount is specified (in thousands of tenges) on which it is seized property on cases on the crimes specified in column 3. The amount (in thousands of tenges) on which the property is withdrawn or which is voluntarily extinguished on criminal cases, is specified in column 18.

Data on crimes according to which on criminal cases the period of investigation established by the Code of Criminal Procedure of RK expired and information on its prolongation in bodies of legal statistics and special accounting did not arrive, are considered in column 19.

From among registered in the accounting period (the column 2) in column 20 is specified crime amount, criminal cases on which are submitted with removal from accounting.

At the same time if criminal case is submitted on competence with removal from accounting in area, then in the summary report of area in order to avoid the double entry accounting, this case in column 20 is not reflected. In the regional summary report this column is filled in only in case of case referral on competence with removal from accounting out of area limits.";

add with Item 6-1 in the following edition:     

"6-1. Indicators of Section 1-1 are created by analogy of Section 1 on criminal cases without episodes.";

state Item 7 in the following edition:     

"7. Section 2 contains data on crimes according to which pre-judicial investigation concerning persons authorized on accomplishment of the state functions, and persons equated to them is begun.

In line 1 the total quantity of corruption crimes is reflected, from them in lines 2-5 corruption crimes are specified with breakdown on weight of crime, in line 6 – revealed at the initiative of the most state body.

From line 1 in lines 7-23 Sections are specified the crimes carried to corruption according to the Criminal Code of Kazakhstan.

In this line crimes, criminal cases on which are stopped on Items 1), 2), 5), 6), 7), 8) of part 1  of article 35 Code of Criminal Procedure RK and transferred on competence with removal from accounting, are not considered.

In line 24 crimes on which are dismissed cases on the bases provided by Items 1), 2), 5), 6), 7), 8) of part 1 of article 35 Code of Criminal Procedure RK are reflected.

In line 25 the crimes requalified on the articles of the Criminal Code of RK which are not entering the list of corruption are reflected.

Data on quantity of corruption crimes concerning persons on whom pre-judicial investigation is begun are considered in the accounting period once that is if concerning person the proceeding decision in the previous accounting period is passed, then in the subsequent accounting period such person is not considered.";

state Item 8 in the following edition:     

"8. In column 1 of Section 3 the number of persons concerning whom the decree on recognition by the suspect of making of corruption crime in the accounting period is issued is considered. In column 2 the number of persons who committed corruption crimes concerning which criminal cases are for the first time taken to court or stopped on the bases provided by Items 3), 4), 9), 10), 11), 12) of part 1 of Article 35 and  article 36 Code of Criminal Procedure RK in this accounting period is specified. From them in column 3 persons concerning whom criminal cases are taken to court are allocated. Data from column 3 are distributed on persons authorized on accomplishment of the state functions and persons equated to them in columns 4-47.";

state Item 9 in the following edition:     

"9. In column 1 of the table A of Section 4 of the report the number of persons condemned for making of corruption crimes on the sentences which took legal effect in this accounting period is specified. In columns 2-42 from column 1 the information about persons authorized on accomplishment of the state functions and persons equated to them is reflected.

In line 1 of the table A of Section 4 the total quantity of persons condemned for making of corruption crimes is reflected. From line 1 in lines 2-19 the crimes carried to corruption according to the Criminal Code of Kazakhstan are reflected.

Lines 20-23 are filled according to report form indicators.

In the table B of Section 4 of the report data on results of consideration by courts of criminal cases concerning persons who committed corruption crimes are reflected (on the court resolutions which took legal effect).

In column 1 of the table B of the report the number of persons condemned for making of the corruption crimes revealed at the initiative of the most state body among the workers on the sentences which took legal effect in this accounting period is specified.

In columns 2-45 from column 1 the number of employees of the separate state bodies condemned for corruption acts, revealed at the initiative of the most state body among the workers is distinguished.";

state Item 10 in the following edition:

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