THE JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN, THE CHIEF OF SERVICE OF THE STATE PROTECTION OF THE REPUBLIC OF KAZAKHSTAN, THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION, THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN, THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 12, 2014 No. 565, on December 15, 2014 No. 146, on December 18, 2014 No. 62, on December 18, 2014 No. 416, on December 12, 2014 No. 892

About approval of Rules of carrying out secret investigative actions

According to part 10 of Article 232 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 we ORDER:

1. Approve the enclosed Rules of carrying out secret investigative actions.

2. To inform of this order leading and staff jointly of the accepting state bodies.

3. To provide to management "A" of the Ministry of Internal Affairs of the Republic of Kazakhstan:

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

2) after state registration of this order to provide its official publication.

4. This joint order becomes effective since January 1, 2015 and is subject to official publication.

No. 565, on December 15, 2014 No. 146, on December 12, 2014 No. 62, on December 18, 2014 No. 416, on December 12, 2014 No. 892 are approved by the Joint Order of the Minister of Finance of the Republic of Kazakhstan, the Chief of Service of the state protection of the Republic of Kazakhstan, the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption, the Chairman of Committee of homeland security of the Republic of Kazakhstan, the Minister of Internal Affairs of the Republic of Kazakhstan of December 12, 2014

Rules of carrying out secret investigative actions

Chapter 1. General provisions

1. These rules of carrying out secret investigative actions (further - Rules) are developed according to Article 232 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure), and determine procedure for carrying out secret investigative actions (further - NSD), except for secret control of post and other departures.

Secret control of post and other departures are carried out according to the Code of Criminal Procedure of RK.

2. In these rules the following basic concepts are used:

1) authorized division of law enforcement or special state body (further - authorized division) - the division performing the order of person making pre-judicial investigation about carrying out NSD (division contractor) and division performing NSD (division of NSD);

2) person making pre-judicial investigation - the investigator, the investigator, the official of body of inquiry, authorized to perform pre-judicial investigation in which production there is investigated criminal case.

Chapter 2. Procedure for carrying out secret investigative actions

Paragraph 1. Preparation and the direction of the order on carrying out secret investigative actions

3. According to article 232 Code of Criminal Procedure, secret investigative actions, except for secret control of post and other departures, are made at the request of body of pre-judicial investigation (further - the order), constituted according to appendix of law enforcement or special state body by 1 authorized division with use of forms and methods of operational search activities.

Interruption of terms of pre-judicial investigation does not interfere with carrying out in the matter of necessary search actions according to the Law of the Republic of Kazakhstan "Law" (further - the Law "About HORDES") and secret investigative actions and to attaching of their results to the criminal case file.

The order is confidential and is not subject to disclosure.

The order is constituted in duplicate according to appendix 1 to Rules.

The first copy, in sealed envelope, with indication of the addressee and mark "Personally", goes through the division performing functions on documentary providing (further - division TO), to division contractor.

It is not allowed to place information on document belonging to specific criminal case on envelope.

The second copy of the order for the period of carrying out NSD does not join the criminal case file and does not join in its inventory. After the termination NSD it is stored at person making pre-judicial investigation in the corresponding nomenclature case, and after declassification of results of NSD joins the criminal case file. Person making pre-judicial investigation, and also persons exercising departmental control of pre-judicial investigation provide confidentiality of the fact of pronouncement of the order about carrying out NSD.

Copying from the order before completion of NSD is not allowed.

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