of December 11, 2020 No. 5
About authorization of secret investigative actions
For the purpose of uniform use of the provisions of the law regulating authorization of secret investigative actions by court, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:
1. Secret investigative action is the action which is carried out during pre-judicial production for clarification of the circumstances which are subject to proof on criminal case without preliminary informing persons whose interests it concerns.
Authorization of secret investigative actions is performed according to the procedure and the cases provided by the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).
The procedure for carrying out secret investigative actions is determined by the Rules approved by law enforcement and special state bodies in coordination with the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General).
2. Production of secret investigative actions is performed on the criminal case which is in production of body of pre-judicial investigation in case of observance of conditions and availability of the bases of their carrying out for the purpose of clarification of the circumstances which are subject to proof on case in case of strict compliance with law and providing the rights and freedoms of man and citizen provided by the Constitution of the Republic of Kazakhstan (further - the Constitution).
Secret investigative actions are carried out, as a rule, in cases when information on the facts of the case cannot be obtained by means of carrying out other investigative actions.
3. Courts need to distinguish the secret investigative actions which are carried out within criminal case from the investigation and search operations (further ORM) performed according to the Law of the Republic of Kazakhstan of September 15, 1994 No. 154-XIII "About operational search activities" (further - the Law about HORDES).
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