ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 4, 2026 No. 126

About modification and amendments 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 the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

I ORDER:

1. Bring 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) the following changes and amendments:

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:

in Item 2:

14) to state the subitem in the following edition:

"14) the Unified register of pre-judicial investigations (further – ERDR) – the digital system in which data on the reasons for the beginning of pre-judicial investigation listed in part one of article 180 Code of Criminal Procedure RK 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;";

19) to state the subitem in the following edition:

"19) the digital signature – the digital record (set of digital data) created with use of the closed key of the digital signature and means of the digital signature, confirmatory reliability of the electronic document, its accessory and invariance of content;";

22) to state the subitem in the following edition:

"22) the public sector – the functionality of ERDR allowing physical persons to submit applications and to direct messages on criminal offense and also to the participant of criminal procedure by means of the Internet with observance of requirements of cyber security and confidentiality to get remote access to the available 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 5 in the following edition:

"5. Officials of criminal prosecution authorities accept information on any criminal offense. Acceptance is performed by control rooms round the clock.

The officials having access to ERDR after acceptance of information on criminal offense make its fixing in KUI.

In case of receipt of information on criminal offense from the digital resources and Internet resources integrated with ERDR, their fixing in KUI in case of technical capability is made automatically or authorized person.

In the absence of access to ERDR the official who accepted information on criminal offense notifies with use of means of communication authorized person who based on the received notification makes fixing in KUI about what constitutes the official report in form according to appendix 3-1 to these rules.

The data received during operational search activities after their check according to the Law of the Republic of Kazakhstan "About operational search activities", including using special operational search events, in case of establishment of signs of criminal offense, are subject to registration in ERDR according to the official report of the official according to requirements of Item 2) of part one of article 184 Code of Criminal Procedure RK.

Anonymous addresses, including messages of unknown persons which arrived on communication channels are fixed in KUI, and data on criminal offense containing in them can be registered in ERDR only in case of their confirmation according to the official report of the official according to requirements of Item 2) of part one of article 184 Code of Criminal Procedure RK.

The administrative offenses and minor offenses revealed by criminal prosecution authorities are not subject to fixing in KUI.";

state Item 9 in the following edition:

"9. Statements for the made, preparing criminal offense in case of the direct address (corporal appearance) of the applicant are accepted in form according to appendix 5 to these rules, amendment to the statement – in form according to appendix 6 to these rules.

Adoption of the oral statement is drawn up by the protocol on adoption of the oral statement on the made or preparing criminal offense in form according to appendix 7 to these rules.

This requirement does not extend to the statements, messages which arrived by means of telecommunication and electronic means of communication and also mail service and by means of boxes for addresses.

In the specified cases filling of the statement on approximate samples is made on the arrival of the employee of criminal prosecution authority directly to the applicant, and in the cases which are not suffering delay - after carrying out urgent investigative actions.

Statements and messages on the made, preparing criminal offense arriving from digital resources and the Internet - the resources integrated with ERDR are subject to registration in KUI according to these rules.";

state Item 11 in the following edition:

"11. In case of receipt of data on criminal offense, including from mass media and online platforms, the staff of criminal prosecution authorities constitutes the official report in form according to appendix 8 to these rules.";

state Item 13 in the following edition:

"13. In case of receipt of information on criminal offense including which arrived from the digital resources and Internet resources integrated with ERDR, except for occasions, specified in Items 9-11 of these rules, the investigators, investigators, prosecutors authorized by persons, and also officials to whom consideration of this information is entrusted, without delay, but no later than 24 hours, adoption of the statement, message on criminal offense with observance of requirements of Items 9, of 10 these rules and their registration in ERDR according to Item 12 of these rules is provided.";

state Items 13-2 and 14 in the following edition:

"13-2. According to the statements, messages or official reports for criminal offenses transferred on territoriality (jurisdiction) the K-2 form with investment of the copies of the applications, messages, official reports and documents enclosed to these applications, messages or official reports and also documents, the confirmatory decisions except for requiring ensuring confidentiality is filled.

The term of consideration is estimated from the moment of intake of material in ERDR, without repeated registration in KUI, with filling of the K-2 form.

About acceptance of the material transferred on territoriality (jurisdiction), authorized person without delay enters data.

On the material accepted on territoriality (jurisdiction) one of the decisions provided by Items 13 and 14 of these rules is accepted.

14. If information on criminal offense fixed in KUI does not fall under the occasions listed in part one of article 180 Code of Criminal Procedure RK, in time, provided by part two of Item 8 of these rules, one of the following decisions with investment of the copies of the applications, messages, official reports and documents enclosed to these applications, messages, official reports and also documents, the confirmatory decisions except for requiring ensuring confidentiality is accepted:

1) based on the official report of the official, with the consent of the head of criminal prosecution authority or his deputy it is left without consideration and it is stored in nomenclature case (job specification) together with supporting documents;

2) in the cases specified in part five of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official.

Information on criminal offense is subject to the direction in authorized body for carrying out audits and checks if before registration in ERDR availability of signs of criminal offense cannot be established in other way (for example, information on failure to pay taxes which is not confirmed with the act of tax audit).

Materials of the checks and audits which are carried out according to the statements and messages which are earlier directed according to the procedure of part five of article 181 Code of Criminal Procedure RK repeatedly are fixed by the official of criminal prosecution authority within 24 hours from the moment of their receipt in KUI, with filling of the K-1 form.

On the material accepted after carrying out audit or check one of the decisions provided by Items 13 and 14 of these rules is accepted, at the same time the term of consideration is estimated from the moment of repeated registration in KUI;

3) in the presence of other bases goes to authorized body (official) which competence includes consideration of questions of administrative prosecution;

4) about the direction on territoriality or jurisdiction if consideration of information is within the competence of other criminal prosecution authority;

5) about familiarizing with KUI or ERDR;

6) in the presence of other bases goes to authorized body (official) which competence includes consideration of questions of attraction to disciplinary responsibility;

7) the statement of the legal entity concerning other legal entity based on the conclusion of transactions of civil nature without application of documents and materials confirming its arguments is subject to return without registration to ERDR, for reduction in compliance with requirements of part three of article 181 Code of Criminal Procedure RK.

About the made decision the author of the written address is given the written answer.";

state Item 20 in the following edition:

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