ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of June 22, 2022 No. 514

About modification and amendments in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

I ORDER:

1. Bring the following changes and amendments in some orders of the Minister of Internal Affairs of the Republic of Kazakhstan:

1) in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 26, 2014 No. 943 "About approval of qualification requirements and the list of the documents confirming compliance to them for the activities connected with drug trafficking, psychotropic substances and precursors" (it is registered in the Register of state registration of regulatory legal acts No. 10293):

in qualification requirements and the list of the documents confirming compliance to them for the activities connected with drug trafficking, the psychotropic substances and precursors approved by the specified order:

5, to state line, sequence number in the following edition:

"

5

The workers having access in accordance with the established procedure to work with drugs and precursors according to article 7 of the Law of the Republic of Kazakhstan "About drugs, psychotropic substances their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them"

The list of workers with marks: 1) law-enforcement bodies about the corresponding check of workers; 2) the conclusion of narcological and psychoneurological dispensaries about absence among workers of persons with diseases of drug addiction, toxicomania, chronic alcoholism, and also about lack among them of the faces recognized unsuitable to accomplishment of separate types of the professional activity and activities connected with source of enhanced danger

Data on the corresponding check of workers and absence among workers of persons with diseases of drug addiction, toxicomania, chronic alcoholism, and also about lack among them of the faces recognized unsuitable to accomplishment of separate types of the professional activity and activities connected with source of enhanced danger are checked by means of information exchange of objects of informatization.

";

add in the line, sequence number 6-1 in the following edition:

"

6-1

Cargo transportation with drugs, psychotropic substances and precursors is performed by the militarized protection or other security services in coordination with law-enforcement bodies

The agreement on rendering security services

It is provided in the form of the electronic copy of the document

";

7, to state line, sequence number in the following edition:

"

7

The technological base on the property right or other legal causes intended for development, production, conversion, transportation, transfer, acquisition, storage, distribution, realization, use, destruction of drugs

The data and documents confirming the property right or other legal causes

1) Data on the registered rights (encumbrances and its technical characteristics are checked for real estate by means of information exchange of objects of informatization. 2) in case of provision of real estate according to the employment contract (lease), subhiring, and also the document granting the right to use the room on other bases, stipulated by the legislation the Republic of Kazakhstan, copies of these documents are provided in electronic form. 3) in case of encumbrance of real estate the copy of the agreement of pledge certified by seal of bank institution is provided in electronic form

";

8, to state line, sequence number in the following edition:

"

8

The technological base on the property right or other legal causes intended for production of psychotropic substances and precursors

The data and documents confirming the property right or other legal causes

1) Data on the registered rights (encumbrances and its technical characteristics are checked for real estate by means of information exchange of objects of informatization. 2) in case of provision of real estate according to the employment contract (lease), subhiring, and also the document granting the right to use the room on other bases, stipulated by the legislation the Republic of Kazakhstan, copies of these documents are provided in electronic form. 3) in case of encumbrance of real estate the copy of the agreement of pledge certified by seal of bank institution is provided in electronic form

";

9, to state line, sequence number in the following edition:

"

9

The technological base on the property right or other legal causes intended for development, conversion, transportation, transfer, acquisition, storage, distribution, realization, use, destruction of psychotropic substances and precursors

The data and documents confirming the property right or other legal causes

1) Data on the registered rights (encumbrances and its technical characteristics are checked for real estate by means of information exchange of objects of informatization. 2) in case of provision of real estate according to the employment contract (lease), subhiring, and also the document granting the right to use the room on other bases, stipulated by the legislation the Republic of Kazakhstan, copies of these documents are provided in electronic form. 3) in case of encumbrance of real estate the copy of the agreement of pledge certified by seal of bank institution is provided in electronic form

";

add in the line, sequence number 9-1 in the following edition:

"

9-1

Railway vehicles and the automotive vehicle on the property right or other legal cause

The documents confirming the property right, temporary ownership and use of someone else's property under the agreement of property hiring (lease)

It is provided in the form of the electronic copy of the document

";

10, to state line, sequence number in the following edition:

"

10

The technological base on the property right or other legal causes intended for cultivation, collection, procurement of the plants and herbs containing drugs

The data and documents confirming the property right or other legal causes

1) Data on the registered rights (encumbrances and its technical characteristics are checked for real estate by means of information exchange of objects of informatization; 2) in case of provision of real estate according to the employment contract (lease), subhiring, and also the document granting the right to use the room on other bases, stipulated by the legislation the Republic of Kazakhstan, copies of these documents are provided in electronic form. 3) in case of encumbrance of real estate the copy of the agreement of pledge certified by seal of bank institution is provided in electronic form

";

11, to state line, sequence number in the following edition:

"

11

The technological base on the property right or other legal causes intended for cultivation, collection, procurement of the plants and herbs containing psychotropic substances

The data and documents confirming the property right or other legal causes

1) Data on the registered rights (encumbrances and its technical characteristics are checked for real estate by means of information exchange of objects of informatization 2) in case of provision of real estate according to the employment contract (lease), subhiring, and also the document granting the right to use the room on other bases, stipulated by the legislation the Republic of Kazakhstan, copies of these documents are provided in electronic form. 3) in case of encumbrance of real estate the copy of the agreement of pledge certified by seal of bank institution is provided in electronic form

";

12, to state line, sequence number in the following edition:

"

12

When implementing activities in the health care system connected with acquisition, storage, distribution, realization, use, destruction of drugs, psychotropic substances and precursors

Documents on Items 4, of 5, of 6 presents of qualification requirements and the list of the documents confirming compliance to them for the activities connected with drug trafficking, psychotropic substances and precursors are submitted

According to the subitem 5) article 10 of the Code of the Republic of Kazakhstan "About health of the people and health care system"

";

add with the note of the following content:

"Note: the requirements specified in lines sequence numbers 2, of 3, 4 and 6 do not extend to carriers of loads railway and road transport.";

2) in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 11, 2015 No. 334 "About approval of Rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and their precursors" (it is registered in the Register of state registration of regulatory legal acts No. 11171):

state heading in the following edition:

"About approval of Rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors.";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors.";

the rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to department on counteraction of narcocrime of the Ministry of Internal Affairs of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan.

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

It is approved Ministry of national economy of the Republic of Kazakhstan

"___" ______________ 2022

It is approved Ministry of Health of the Republic of Kazakhstan

"___" ______________ 2022

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

"___" ______________ 2022

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

"___" ______________ 2022

Appendix

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 22, 2022 No. 514

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 11, 2015 No. 334

Rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors

Chapter 1. General provisions

1. These rules of use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors (further - Rules) are developed according to the laws of the Republic of Kazakhstan "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" (further - the Law) and "About law-enforcement bodies of the Republic of Kazakhstan" and determine procedure for use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors.

2. Depending on use objects and rooms are subdivided into the following types:

objects - buildings, the parcels of land, reservoirs which are part of processing equipment, the sealed-up containers, tanks, rail cars, railway deadlocks;

rooms - the constructions having storage rooms and safe rooms for storage of drugs, psychotropic substances and precursors.

3. Objects and rooms represent single system, on functional purpose and use are divided into three groups:

1) the first group - the manufacturing companies of drugs, psychotropic substances, drugstores, test laboratories, research institutions, wholesale companies, subjects of health care performing activities in the field of drug trafficking, psychotropic substances;

2) the second group - objects for cultivation and procurement of narkotikosoderzhashchy plants;

3) the third group - the companies making and/or performing wholesale trade by precursors, and also using them in the productive activity.

Chapter 2. Use of objects and rooms in the field of drug trafficking, psychotropic substances and precursors

4. Objects and rooms for storage of drugs, psychotropic substances and precursors are used according to requirements of the Law.

5. Use of objects and rooms is performed on the basis of the title document confirming possession on the property right or other legal cause.

6. Use of objects and rooms not to destination is not allowed.

7. The layout of the used objects and rooms provides:

1) safety of available drugs, psychotropic substances and precursors, and also products made of them;

2) threading of process with the shortest distances between technologically connected rooms;

3) exception of crossing of technological flows;

4) the maximum group of rooms with identical degree of purity;

5) prevention of mixing of different types and series of initial raw materials, semi-products and ready-made products;

6) protection against pollution when moving initial raw materials, semi-products and ready-made products.

8. The re-equipment and re-planning of the used objects and rooms leading to violation of durability or destruction of the bearing structures of the building, deterioration in safety and appearance of facades, violation of fire protection regulations are not allowed.

9. When using objects and rooms in the field of drug trafficking, psychotropic substances and precursors they are provided:

1) round-the-clock protection;

2) system of the security and alarming alarm system with conclusion of signals to the panel of centralized observation of the security organizations;

3) the metal or strengthened upholstery from two parties iron wooden entrance door to the room;

4) metal lattices at windows from the internal or outer side of the room;

5) fire safety and system of the fire alarm;

6) system of installation of telephones taking into account ensuring external and internal communication;

7) the barrier interfering open entry on objects and rooms where drugs, psychotropic substances and precursors are stored.

10. When using the objects intended for transportation of drugs, psychotropic substances and precursors by vehicles within the Republic of Kazakhstan, drugs, psychotropic substances and precursors irrespective of method of transportation and the storage location are provided:

1) safety of load and safety of transportation;

2) the militarized protection or other security service in coordination with law-enforcement bodies;

3) sealing of reservoirs, containers, tanks;

4) in warehouses of temporary storage and in places of loading and unloading of load finding of strangers is not allowed.

11. When using objects and rooms availability of the following documentation is necessary:

1) copies of the title document confirming possession on the property right or other legal cause by the room;

2) copies of the contract for rendering security services;

3) the list of the equipment, tools used for production of drugs, psychotropic substances and precursors.

12. The legal entities using objects for transportation (carriers of loads), transfer of drugs, psychotropic substances and precursors need to have in case of themselves the following documents:

1) the transportation agreement of loads (commodity-transport delivery notes, railway way bills, the bill of lading), invoices and shipping documents provided by the consignor;

2) the copy of the license for the activities connected with drug trafficking, psychotropic substances and precursors with activities subspecies "transportation, transfer";

3) the route of transportation of drugs, psychotropic substances and precursors constituted in any form;

4) the copy of the notification in the Ministry of Internal Affairs of the Republic of Kazakhstan directed no later than 7 working days.

13. Access to objects and to rooms is allowed to persons which are directly working with them. The list of persons allowed to work with under control substances affirms the order of the head of the legal entity, after approval of law-enforcement bodies and receipt of the conclusion of doctors (the psychiatrist and the narcologist) about absence at them of diseases of drug addiction, toxicomania and chronic alcoholism.

14. Objects and rooms in the field of drug trafficking, psychotropic substances and precursors after the termination of the working day are sealed or sealed up.

Keys, seal or ice cream are stored at the responsible official designated by the order of the head of the legal entity.

15. The head of the legal entity provides observance of these rules.

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