RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 1, 2025 No. 102

About some questions of accounting, storage, destruction, realization of the confiscated, ownerless, heirless property, physical evidences on criminal cases, on cases on offenses and their addresses to property of the state

For the purpose of realization of provisions of article 69 of the Criminal code of the Kyrgyz Republic, Articles 512, 540 Codes of the Kyrgyz Republic about offenses, Articles 32, of 86, 87 Codes of penal procedure of the Kyrgyz Republic, 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:

1) the Standard instruction about accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases according to appendix 1;

2) the Standard instruction about procedure for withdrawal, accounting, storage, transfer, destruction, conversion and implementation of physical evidences on cases on offenses according to appendix 2;

3) Regulations on procedure for transfer into the ownership of the state and use of the confiscated, ownerless, heirless property, and also physical evidences on criminal cases and cases on offenses according to appendix 3.

2. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About some measures for questions of procedure for transfer to state-owned property and destructions of the confiscated, ownerless and heirless property" of September 29, 2023 No. 515 the following change:

- declare Item 1 invalid.

3. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Standard instruction about accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases and the Standard instruction about procedure for withdrawal, accounting, storage, transfer and destruction of physical evidences on cases on offenses" of May 30, 2019 No. 234;

2) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Standard instruction about accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases and cases on offenses and the Standard instruction about procedure for withdrawal, accounting, storage, transfer and destruction of physical evidences on cases on violations" of May 30, 2019 No. 234" of November 25, 2022 No. 658;

3) Item 3 of the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of some decisions of the Cabinet of Ministers of the Kyrgyz Republic on questions of the confiscated, ownerless and heirless property" of March 29, 2024 No. 143;

4) Item 3 of the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of some decisions of the Cabinet of Ministers of the Kyrgyz Republic, regulating activities of the state body exercising the state control in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" of April 12, 2024 No. 169;

5) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About introduction of amendments to the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About some measures for questions of procedure for transfer to state-owned property and destructions of the confiscated, ownerless and heirless property" of September 29, 2023 No. 515" of May 28, 2024 No. 275.

4. To the ministries, the state committee and administrative departments of the Kyrgyz Republic in three-months time:

1) to bring the decisions into accord with this resolution;

2) to take the necessary measures following from this resolution.

5. Determine that the expenses connected with implementation of this resolution are performed within means of the law enforcement and relevant authorized state bodies provided for the corresponding year.

6. 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.

7. This resolution becomes effective after ten days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 1, 2025 No. 102

The standard instruction about accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases

Chapter 1. General provisions

1. The standard instruction about accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases (further - the Instruction) establishes single accounting treatment, storages, transfers, issues, transportations, transfers, destructions, conversions, implementation of physical evidences on criminal cases if there are bases to believe that they served as crime instruments or kept on themselves traces of crime, or were subjects to illegal actions, and also money, objects, documents and other values which can serve as means for detection of crime, establishment of the actual facts of the case, identification of guilty persons or confutation of accusation or mitigation of responsibility, and also procedure for execution of solutions of the investigation and court.

2. The organization of accounting treatment, storage, transfer, issue, transportation, transfer, destruction, conversion, implementation of physical evidences for criminal cases is assigned to the corresponding heads law-enforcement (the representative state) body where there are in production criminal cases.

3. The organization of accounting, storage, transfer, issue, transportation, transfer, destruction, conversion, implementation of physical evidences for criminal cases in territorial subdivisions law-enforcement (representatives state) bodies is assigned to their heads.

4. To the placement on safe custody, the investigator in whose production there is the corresponding criminal case is responsible for safety of physical evidences for criminal cases.

5. In case of investigation of criminal case by group of investigators responsibility for safety of the withdrawn physical evidences is born by the head of the investigation team.

6. (The representative state) body, employees (officials) appointed by the order of the head law-enforcement (the representative state) body or employees (officials) appointed by orders of the corresponding heads of territorial subdivisions law-enforcement (the representative state) body are responsible for safety of the physical evidences for criminal cases which are handed over in left-luggage office law-enforcement.

7. Physical evidences on criminal cases objects, substances and objects, stipulated in Article 86 Codes of penal procedure of the Kyrgyz Republic are recognized.

8. Left-luggage office of physical evidences on criminal cases specially equipped room allocated for storage of physical evidences on criminal cases is recognized.

Storage of physical evidences in ensuring safety, and also excluding possibility of withdrawal, substitution, spoil of the physical evidences which are in them the following means of storage is allowed:

- metal cases - the strong, specially adapted cases from metal;

- metal or wooden boxes - the strong, specially adapted receptacles;

- safes - strong fireproof, vzlomostoyky metal cases;

- packagings - the special defensors representing material from polyethylene or paper or flew down.

Chapter 2. Procedure for registration and transfer of physical evidences on criminal cases

9. The found or withdrawn by the investigator in whose production there is the corresponding criminal case, physical evidences shall be inspected, sealed and placed on safe custody.

10. The fact of withdrawal of physical evidences is reflected in the protocol of the legal proceedings established by the Code of penal procedure of the Kyrgyz Republic.

11. For withdrawal of physical evidences, the address with which requires availability of certain skills, exact fixation of their quality characteristics, individual signs and cost determination, the corresponding specialists are attracted.

12. Physical evidences shall be in detail described in protocols of survey, are filmed and photographed. Physical evidences are filed according to the resolution of the investigator, judge, determination of court and shall be stored in case of case.

13. It is forbidden to store in office offices destructive devices, firearms, ammunition, explosives, radioactive materials, drugs, psychotropic, strong and toxic agents.

14. The withdrawn destructive devices, firearms, ammunition, explosives, radioactive materials, drugs, psychotropic, strong and toxic agents from the moment of withdrawal shall be sent to the relevant expert organizations for research.

15. On the withdrawn destructive devices, the firearms cold to weapon, ammunition, explosives, radioactive materials, drugs, psychotropic, strong and toxic agents, after the expert research and receipt of the conclusion, within two days it is necessary to carry out other necessary investigative actions and to hand over on safe custody to person, the acting as on accounting, storage, transfer, issue, transportation, transfer, destruction, conversion, implementation of physical evidences on criminal cases.

16. All withdrawn physical evidences, and also the described property are listed in the protocol of legal proceedings. In case of withdrawal of large number of physical evidences the special inventory attached to the protocol and which is its integral part where the exact name, quantity, measure, weight, series, number and other distinctive signs of each withdrawn physical evidence, time and the place of their detection is reflected is without fail constituted.

17. Proceeding from the facts of the case, the investigator has the right to withdraw part of the physical evidence on which there are traces (microtraces) concerning case if there is no opportunity to withdraw the physical evidence in general. At the same time the investigator shall avoid spoil of the objects belonging to the victims and other persons, and in case of inevitable spoil to take measures to compensation of the damage caused to citizens according to the procedure of civil legal proceedings.

18. Physical evidences are stored according to the requirements and conditions determined by Article 87 of the Code of penal procedure of the Kyrgyz Republic.

19. Withdrawal of awards, medals and documents to them is made in cases:

1) establishments of accessory to their person, the suspect or the person accused in making of heavy or especially serious crime;

2) detection of awards and documents to them which accessory and the right of carrying are not established;

3) impossibility of ensuring their safety in case of arrest of the suspect or person accused.

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