of February 14, 2017 No. 112, on March 3, 2017 No. 106
About introduction of amendments to the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 11, 2015 No. 1018 and the acting minister of national economy of the Republic of Kazakhstan of January 6, 2016 No. 1 "About approval of criteria for evaluation of risk degree, checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and of activities for installation, adjustment and maintenance of means of the security alarm system"
According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, we ORDER:
1. Bring in the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 11, 2015 No. 1018 and the acting minister of national economy of the Republic of Kazakhstan of January 6, 2016 No. 1 "About approval of criteria for evaluation of risk degree, checking sheets on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization, and of activities for installation, adjustment and maintenance of means of the security alarm system" (registered in the Register of state registration of regulatory legal acts for No. 13162, published in information system of law of Ad_let of February 29, 2016) the following changes:
in the Appendix 1 to Criteria for evaluation of risk degree on the state control of security activities, of activities of specialized training centers for preparation and advanced training of the workers holding positions of the head and security guard in the private security organization, and of activities for installation, adjustment and maintenance of means of the security alarm system approved by the specified order:
in Subjective criteria for evaluation of risk degree of security activities:
state line 7 in the following edition:
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7 |
Availability at the head of the private security organization of the medical document confirming the stay fact on accounting in bodies of health care concerning mental disease, alcoholism or drug addiction |
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9, 10 and 11 to state lines in the following edition:
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9 |
The head of the private security organization are persons exempted from criminal liability based on Items 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan before the expiration of lower limit of the custodial sanction prescribed by the corresponding part of Article of the Special part of the Criminal Code of Kazakhstan |
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10 |
The head of the private security organization are persons concerning whom within one year before acceptance to position of the head the conviction of court for making of criminal offense or within one year before acceptance to the head's position, exempted from criminal liability for making of criminal offense based on Items 3) is pronounced 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan |
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11 |
The head of the private security organization was brought to the administrative responsibility within year before acceptance for work for making of the following intentional administrative offenses earlier: non-execution and (or) improper execution of obligations on ensuring anti-terrorist protection and observance of due level of safety of object, vulnerable in the terrorist relation (Article 149); disorderly conduct (Article 434); firing from fire, gas, pneumatic, throwing and electric weapon, application of pyrotechnic products in settlements (Article 436); obviously false challenge of special services (Article 438); obviously false information about the fact of corruption offense (Article 439); drinking of alcoholic beverages or emergence in public places in state of intoxication (Article 440); disobedience to the legal requirement of person participating in ensuring public order (Article 443); provision of rooms obviously for occupation prostitution or procurement (Article 450); production, storage, import, transportation, distribution in the territory of the Republic of Kazakhstan of products of mass media, and is equal to other products (Article 453); hindrance to officials of the state inspections and state control bodies and supervision in accomplishment of service duties by them, failure to carry out of resolutions, instructions and other requirements (Article 462); occupation business or other activity, and also implementation of actions (transactions) without the corresponding registration, permission or the direction of the notification (Article 463); violation of regulations of licensing (Article 464); not return of the license and (or) appendix to the license to the licensor (Article 467); violation of requirements imposed to activities for installation, adjustment and maintenance of means of the security alarm system (Article 469); violation of the law of the Republic of Kazakhstan in the field of security activities (Article 470); violation of emergency rule (Article 476); violation of legal regime in the anti-terrorist operation zone (Article 477); the actions provoking violation of law and order in the conditions of emergency state (Article 478); not message on the taken measures for elimination of the reasons and conditions promoting making of offense (Article 479); transfer to persons containing in organizations of criminal executive system, special facilities, the prohibited substances, products and objects (Article 481); illegal acquisition, transfer, realization, storage, carrying, transportation of weapon by physical persons and legal entities (Article 482); violation of procedure for storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their application (Article 483); violation of procedure for acquisition, transfer, accounting, storage, use, transportation, import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit across the territory of the Republic of Kazakhstan of civil, office, award, collection weapon, cartridges to it (Article 484); illegal use of fire, fire acormose, gas weapon, gas weapon with possibility of firing by cartridges of traumatic action, pneumatic, throwing and electric weapon (Article 485); violation of order of registration (re-registration) of civil, office, award, collection weapon or its statement on accounting (Article 486); evasion from delivery for realization of civil weapon, cartridges to it (Article 487); violation of the law of the Republic of Kazakhstan about procedure for the organization and holding peaceful assemblies, meetings, processions, pickets and demonstrations (Article 488); violation of the law of the Republic of Kazakhstan about public associations, and also management, participation in activities unregistered in the procedure for public, religious associations established by the legislation of the Republic of Kazakhstan, financing of their activities (Article 489); violation of the law of the Republic of Kazakhstan about religious activities and religious associations (Article 490); unlawful taking of passports, identity certificates or their acceptance in pledge (Article 494); submission of obviously false data to state bodies of the Republic of Kazakhstan in case of receipt of identity documents, or in case of filing of application for receipt of permission to permanent residence in the Republic of Kazakhstan or about acceptance in nationality of the Republic of Kazakhstan or recovery in nationality of the Republic of Kazakhstan (Article 495); violation of the law of the Republic of Kazakhstan about nationality (Article 496); violation of the established requirements in the field of protection of the state secrets, and also in work with office information of limited distribution (Article 504); illegal penetration on the protected objects (Article 506); disrespect for court (Article 653); responsibility of participants of proceeedings about administrative offense (Article 654); refusal or evasion of the witness of evidence (Article 658); obviously false evidences of the witness, victim, expert opinion or incorrect translation (Article 659); absence to the prosecutor, the investigator and in body of inquiry, to the legal executive, the bailiff (Article 665); hindrance of legal activities of the prosecutor, investigator, investigator, bailiff, legal executive (Article 667); non-execution of the court verdict, judgment or other court resolution and executive document (Article 669); non-execution of the resolution and other legal requirement of the legal executive, bailiff (Article 670); hindrance to the legal executive performed by executive documents (Article 673); illegal wearing (use) clothes with signs of distinction and (or) symbolics of military uniform, and also uniform and special regimentals (Article 675) provided by the Code of the Republic of Kazakhstan about administrative offenses |
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20, of 21, 22 and 23 to state lines in the following edition:
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20 |
The employees of the private security organization holding positions of security guards are not fit for health reasons for occupation security activities |
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21 |
The employees of the private security organization holding position of the security guard are persons exempted from criminal liability based on Items 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan before the expiration of lower limit of the custodial sanction prescribed by the corresponding part of Article of the Special part of the Criminal Code of Kazakhstan |
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22 |
The employees of the private security organization holding position of the security guard are persons concerning whom within one year before acceptance to position of the security guard the conviction of court for making of criminal offense or within one year before acceptance to the security guard's position, exempted from criminal liability for making of criminal offense based on Items 3) is pronounced 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan |
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23 |
The employees of the private security organization holding positions of security guards were brought to the administrative responsibility within year before acceptance for work as the security guard for making of the following intentional administrative offenses earlier: non-execution and (or) improper execution of obligations on ensuring anti-terrorist protection and observance of due level of safety of object, vulnerable in the terrorist relation (Article 149); disorderly conduct (Article 434); firing from fire, gas, pneumatic, throwing and electric weapon, application of pyrotechnic products in settlements (Article 436); obviously false challenge of special services (Article 438); obviously false information about the fact of corruption offense (Article 439); drinking of alcoholic beverages or emergence in public places in state of intoxication (Article 440); disobedience to the legal requirement of person participating in ensuring public order (Article 443); provision of rooms obviously for occupation prostitution or procurement (Article 450); production, storage, import, transportation, distribution in the territory of the Republic of Kazakhstan of products of mass media, and is equal to other products (Article 453); hindrance to officials of the state inspections and state control bodies and supervision in accomplishment of service duties by them, failure to carry out of resolutions, instructions and other requirements (Article 462); occupation business or other activity, and also implementation of actions (transactions) without the corresponding registration, permission or the direction of the notification (Article 463); violation of regulations of licensing (Article 464); not return of the license and (or) appendix to the license to the licensor (Article 467); violation of requirements imposed to activities for installation, adjustment and maintenance of means of the security alarm system (Article 469); violation of the law of the Republic of Kazakhstan in the field of security activities (Article 470); violation of emergency rule (Article 476); violation of legal regime in the anti-terrorist operation zone (Article 477); the actions provoking violation of law and order in the conditions of emergency state (Article 478); not message on the taken measures for elimination of the reasons and conditions promoting making of offense (Article 479); transfer to persons containing in organizations of criminal executive system, special facilities, the prohibited substances, products and objects (Article 481); illegal acquisition, transfer, realization, storage, carrying, transportation of weapon by physical persons and legal entities (Article 482); violation of procedure for storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their application (Article 483); violation of procedure for acquisition, transfer, accounting, storage, use, transportation, import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit across the territory of the Republic of Kazakhstan of civil, office, award, collection weapon, cartridges to it (Article 484); illegal use of fire, fire acormose, gas weapon, gas weapon with possibility of firing by cartridges of traumatic action, pneumatic, throwing and electric weapon (Article 485); violation of order of registration (re-registration) of civil, office, award, collection weapon or its statement on accounting (Article 486); evasion from delivery for realization of civil weapon, cartridges to it (Article 487); violation of the law of the Republic of Kazakhstan about procedure for the organization and holding peaceful assemblies, meetings, processions, pickets and demonstrations (Article 488); violation of the law of the Republic of Kazakhstan about public associations, and also management, participation in activities unregistered in the procedure for public, religious associations established by the legislation of the Republic of Kazakhstan, financing of their activities (Article 489); violation of the law of the Republic of Kazakhstan about religious activities and religious associations (Article 490); unlawful taking of passports, identity certificates or their acceptance in pledge (Article 494); submission of obviously false data to state bodies of the Republic of Kazakhstan in case of receipt of identity documents, or in case of filing of application for receipt of permission to permanent residence in the Republic of Kazakhstan or about acceptance in nationality of the Republic of Kazakhstan or recovery in nationality of the Republic of Kazakhstan (Article 495); violation of the law of the Republic of Kazakhstan about nationality (Article 496); violation of the established requirements in the field of protection of the state secrets, and also in work with office information of limited distribution (Article 504); illegal penetration on the protected objects (Article 506); disrespect for court (Article 653); responsibility of participants of proceeedings about administrative offense (Article 654); refusal or evasion of the witness of evidence (Article 658); obviously false evidences of the witness, victim, expert opinion or incorrect translation (Article 659); absence to the prosecutor, the investigator and in body of inquiry, to the legal executive, the bailiff (Article 665); hindrance of legal activities of the prosecutor, investigator, investigator, bailiff, legal executive (Article 667); non-execution of the court verdict, judgment or other court resolution and executive document (Article 669); non-execution of the resolution and other legal requirement of the legal executive, bailiff (Article 670); hindrance to the legal executive performed by executive documents (Article 673); illegal wearing (use) clothes with signs of distinction and (or) symbolics of military uniform, and also uniform and special regimentals (Article 675) provided by the Code of the Republic of Kazakhstan about administrative offenses |
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The document ceased to be valid since November 18, 2018 according to Item 2 of the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of October 30, 2018 No. 757, on October 30, 2018 No. 32