of March 28, 2023 No. 172
About approval of the Procedure for application of measures for safety of participants of criminal trial
For the purpose of implementation of requirements of the Code of penal procedure of the Kyrgyz Republic and the Law of the Kyrgyz Republic "About protection of the rights of participants of criminal trial", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve the Procedure for application of measures for safety of participants of criminal trial according to appendix.
2. To the interested ministries and departments to take the necessary measures following from this resolution.
3. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.
4. This resolution becomes effective after ten days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 28, 2023 No. 172
1. This Procedure for application of measures for safety of participants of criminal trial (further - the Procedure) regulates questions of application of security measures by authorized state bodies (further - the bodies performing security measures) concerning participants of criminal trial, including their close relatives, the spouse (spouses), relatives concerning whom there is illegal encroachment for the purpose of impact on participants of criminal trial (further - the protected person).
2. The legal basis of this Procedure are the Constitution of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Criminal code of the Kyrgyz Republic, the Penitentiary code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About protection of the rights of participants of criminal trial", other regulatory legal acts of the Kyrgyz Republic, and also the international agreements which became effective according to the legislation of the Kyrgyz Republic.
3. The purpose of this Procedure is streamlining of application of the security measures provided by the Law of the Kyrgyz Republic "About protection of the rights of participants of criminal trial" and interactions of state bodies in case of their application concerning the protected person, and also determination of the list of special individual protection equipment, communication and the notifications about danger issued to the protected person.
4. This Procedure is based on the principles of legality, respect of rights and freedoms of man and citizen, the cross liability of the bodies performing measures for safety of participants of criminal trial.
5. Can be applied to the protected person at the same time a little or one of security measures.
6. In case of receipt in accordance with the established procedure of the motivated decree issued by the body making the decision on application of security measures, the body performing security measures independently chooses necessary security measures, stipulated by the legislation in the field of protection of the rights of participants of criminal trial about what issues the relevant decree in form according to appendix 1 to this Procedure. When losing relevance and efficiency of the applied security measures the body performing security measures changes and supplements them about what issues the relevant decree in form according to appendix 2 to this Procedure.
7. The body performing security measures independently determines methods of their application.
8. The chosen security measure shall be proportional to the danger menacing to the protected person.
9. The body performing security measures informs on the chosen security measures, their change, amendment and results of application, with maintaining confidentiality of data on the protected person, body or the official in whose production there is statement and/or the message on crime or criminal case, by the direction of the adequate notice in form according to appendix 3 to this Procedure. The notification of the protected person is made according to the procedure, determined by the Code of penal procedure of the Kyrgyz Republic.
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