On the State Legal Statistics and Special Accounts

The Law of the Republic of Kazakhstan dated 22 December, 2003 No.510

      This Law determines the legal basis and principles of carrying out the state legal statistics and maintaining of special accounts, powers and functions of the authorized body and other state bodies, carrying out the statistical activity in the field of legal statistics and maintaining of special accounts.

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:
      1) the state legal statistics – a branch of the state statistics, based on the centralized system of departmental accounts in the penal, civil, administrative and legal scopes;
      2) the state legal informative statistical system – integrated statistical information database of the authorized body and subjects of legal statistics and special accounts;
      3) legal statistical information – data, provided by the subjects of legal statistics and special accounts to the authorized body for the use in the statistical purposes;
      4) documented information – details on persons, subjects, facts, events, circumstances and other legal events and processes, occurring in the penal, civil, administrative and legal scopes, independent of the form of their presentation, recorded in the informative accounting document;
      5) informative accounting document – material (paper, magnetic, optical) media of legal statistical information of established standard form, on the basis of which the data of the state legal statistics and special accounts are formed;
      6) legal statistical observation – statistical observation on events and processes, influence on the general state of the legality, legal order, observance of rights and legal interests of person and citizen, legal entities and the state;
      7) civil statistics – a branch of the state legal statistics on the state of civil relations, civil proceedings and enforcement proceedings in the civil scope;
      8) penal statistics – a branch of the state legal statistics on the state of criminality, criminal proceedings, enforcement proceedings in the penal scope, application of punishment and other measures of penal influence for commission of criminal infractions;
      9) administrative and legal statistics – a branch of the state legal statistics on the state of administrative infractions and legal proceedings on administrative infractions;
      10) departmental account – collection, registration, systematization, classification and storage of details on persons, subjects and events, not related with operative and special accounts, for ensuring of intradepartmental activity of the state body;
      11) special account – collection, registration, processing, accumulation, systematization, classification, storage of documented information in the scope of the state legal statistics for information support of the state bodies, individuals and legal entities;
      12) operative account – collection, registration, systematization, classification, storage of details on persons, intended for ensuring of operational and search activity of subjects of legal statistics and special accounts;
      13) subjects of legal statistics and special accounts – law enforcement, judicial and other state bodies and organizations, as well as persons, which in accordance with the legislation of the Republic of Kazakhstan provide legal statistical information to the authorized body for the purposes of the state legal statistics, maintaining of special accounts, study and analysis of the documented information, applied in the penal, civil, administrative and legal scopes;
      14) an authorized body – the state body, carrying out the statistical activity in the field of legal statistics and special accounts within its competence.
      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 2. The legislation of the Republic of Kazakhstan on
the state legal statistics and special accounts

      1. The legislation of the Republic of Kazakhstan on the state legal statistics and special accounts shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

Article 3. The subject of the state legal statistics
and special accounts

      The subject of the state legal statistics shall be the quantitative part of the mass legal or other legally significant events and processes in the particular conditions of place and time for the purposes of revelation of their qualitative peculiarity, trends and regularity of development.
      The subject of special accounts shall be documented information, characterizing a set of mass legal or other legally significant events by statistical observation.

Article 4. Basic tasks and principles of formation of the
state legal statistic and special accounts

      1. The tasks of the state legal statistics and maintaining of special accounts shall be:
      1) effective and sufficient information support of the state bodies, individuals and legal entities on the state of legality and legal order in country on the basis of unified statistical principles and standards;
      2) improvement and development of the state legal statistical information system.
      2. The state legal statistics and special accounts shall be carried out on the principles of:
      1) unity of management of the state legal statistical information system;
      2) integrity, objectivity, sufficiency, stability and legal compatibility of legal statistical information;
      3) accessibility and openness of legal statistical information within the limits established by the legislation of the Republic of Kazakhstan;
      4) strict observance of rights and legal interests of person and citizen, legal entities and the state.

Article 5. Formation of legal statistics

      Procedure, criteria, parameters, volumes and terms of formation of legal statistics shall be established by the authorized body.

Article 6. The competence of the authorized body

      For the purposes of the state policy in the field of formation of the state legal statistics and maintaining of special accounts, the authorized body shall:
      1) form the state legal statistics;
      2) maintain the special accounts, except for the operative, departmental accounts and accounting of person, cooperating with bodies, carrying out operational and search activity on confidential basis;
      3) carry out supervision of integrity, objectivity, reliability, sufficient details of the state legal statistics and special accounts, provided by the subjects of legal statistics and special accounts, as well as determine the method of gathering, registration, processing, accumulation, collection and storage of information in this scope;
      4) make legal statistical observances;
      5) carry out information and analytical activity in the scope of legal statistics and maintaining of special accounts;
      6) maintain accounts of verifications, conducted by the authorized state bodies, carrying out control and supervisory functions;
      7) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) interact with the state bodies on issues of legal statistics and special accounts;
      9) carry out international cooperation in the field of legal statistics and special accounts;
      10) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) develop statistical principles and standards, method in the scope of the state legal statistics and special accounts;
      12) develop the regulatory legal acts on issues of legal statistics and special accounts, compulsory for all subjects of legal statistics and special accounts;
      12-1) coordinate verifications of control and supervision bodies;
      13) carry out other functions, provided by this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 7. Rights and obligations of the authorized body
and its territorial bodies

      1. An authorized body and its territorial bodies within their powers shall have a right to:
      1) receive legal statistical information without compensation from the subjects of legal statistics and special accounts on issues of the state legal statistics and maintaining of special accounts, departmental reporting, documents and forms of primary accounting, as well as other information for production of statistical information and maintaining of special accounts;
      2) carry out control and supervision of integrity, objectivity, reliability and sufficiency of legal statistical information, provided by the subjects of legal statistics and special accounts, without intervention into procedural activity of court and bodies of criminal prosecution;
      3) carry out complex of control and supervisory measures, directed to detection and elimination of violations of the legislation of the Republic of Kazakhstan in the field of legal statistics and special accounts;
      4) make presentations for the purposes of elimination of violations of legality on issues of legal statistics and special accounts;
      5) refuse in registration of acts on assignment of verifications, carrying out by the bodies of control and supervision, in the cases of detection of violations of the legislation of the Republic of Kazakhstan upon their assignment;
      6) carry out other rights in accordance with the Laws of the Republic of Kazakhstan.
      2. An authorized body and its territorial bodies within its powers shall be obliged to carry out:
      1) gathering, processing, accumulation, collection and updating of information in the scope of the state legal statistics and maintaining of special accounts;
      2) coordination and approval of program of legal statistical observations, conducted with central executive bodies, carrying out management of the state statistics;
      3) provision of legal statistical information of the state bodies;
      4) provision of legal statistical information, details of special accounts of subjects of legal statistics and special accounts on a gratuitous base within the limits, volumes and terms, which are established by the regulatory legal acts of the Republic of Kazakhstan;
      5) information services of individuals and legal entities within the limits, volumes and terms, which are established by the regulatory legal acts of the Republic of Kazakhstan, at the expense of funds, received in the republican budget in accordance with the legislation of the Republic of Kazakhstan;
      6) the safety of received details, constituting the state secrets and legally protected secret;
      7) protection of information system from unauthorized access, corruption or destruction of data on objects of legal statistics and special accounts;
      8) observance of rights and legal interests of person and citizen, legal entities and the state upon formation of the state legal statistics and maintaining of special accounts;
      9) presentation of details from their own information systems at the request of the authorized body on financial monitoring in accordance with the legislation of the Republic of Kazakhstan on counteraction to legitimization (laundering) of incomes, received by illegal means, and financing of terrorism.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010); dated 19.03.2010 No. 258-IV; dated 28.12.2011 No. 522-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.06.2014 No. 206-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Rights and obligations of subjects of legal
statistics and special accounts

      1. Subjects of legal statistics and special accounts within their powers shall have a right to:
      1) make suggestions on measures on improvement of the state legal statistics and special accounts;
      2) make departmental legal statistical observations and maintain operative, departmental accounts, intended for ensuring of special investigation and official activity in accordance with the legislation of the Republic of Kazakhstan.
      2. Subjects of legal statistics and special accounts shall be obliged to:
      1) present information and accounting documents, other necessary materials and details to the authorized body in the manner, within the limits, volumes and terms, which are established by the authorized body;
      2) provide integrity, objectivity, reliability and sufficiency of legal statistical information and carry out control of completeness and reliability of representation of legal statistical information within their powers;
      3) insure safety of received details, constituting the state secrets and legally protected secrets;
      4) register the acts on assignment of verifications, conducted in accordance with the legislation of the Republic of Kazakhstan.

Article 9. Guarantees of rights of individuals
and legal entities

      1. In the course of registration, accumulation, processing, storage and provision of legal statistical information the measures, provided by the legislation of the Republic of Kazakhstan, on protection of details, constituting the state secrets and legally protected secret shall be adopted by the authorized body.
      2. Legal statistical information on particular events, processes and persons, constituting the data of investigation and interrogation shall not subject to disclosure. It may be made public with permission of investigator, interrogating officer, prosecutor and court to the amount in which they will be recognized by them as possible, if it is not contrary to the interests of the investigation and not related with violation of rights, freedoms and legally protected interests of other persons.
      3. The safety of all primary legal statistical information, provided to the authorized body shall be provided for the purposes of observation of rights and legal interests of person and citizen, legal entities and the state.
      4. The authorized body shall be obliged to provide each citizen with the opportunity to get acquainted with details, affecting its rights, freedoms and interests, containing in relation with it in the special accounts.
      5. The fact of illegal entering of details on it in the special accounts may be appealed in the manner established by the legislation of the Republic of Kazakhstan.

Article 10. Financing of statistical works

      Statistical works, executed by the authorized body and its territorial bodies shall be financed at the expense of funds of republican budget.

Article 11. Legal record registration

      Legal record registration shall be carried out by the authorized body and its territorial bodies by reception, accounting and systematization of civil, penal, administrative and legal documented information.

Article 12. Assignment and maintaining of special accounts

      1. Special accounts shall be intended for information support of:
      1) activity of the state bodies on improvement of the legislation of the Republic of Kazakhstan;
      2) enforcement activity of the state bodies;
      3) individuals and legal entities in the manner, established by the legislation of the Republic of Kazakhstan.
      2. Collection, registration, processing, accumulation, systematization, classification, storage and use of special accounts shall be provided by the authorized body.
      3. The authorized body shall maintain the following types of special accounts:
      1) persons, committed the criminal infractions, bringing to the criminal responsibility;
      2) fingerprint records of detained, accused in custody and sentenced persons;
      3) persons, hiding from interrogation, investigation, court and serving punishment;
      4) missing persons;
      5) corpses whose identity has not been established;
      6) persons, brought to the administrative responsibility;
      6-1) persons, brought to the criminal responsibility for commission of criminal infraction;
      7) persons, recognized by court as incapable and impaired;
      8) persons, deprived of rights to hold certain positions;
      9) persons, committed corruption infractions;
      10) verifications, carrying out by the bodies of control and supervision and registered in the authorized body in the manner established by the legislation of the Republic of Kazakhstan;
      10-1) persons, brought to the responsibility for carrying out of terrorist activity, as well as organizations and information materials, recognized by court as terroristic;
      11) persons, bringing to responsibility for commission of extremism, as well as organizations and information materials, recognized by court as extremistic;
      12) persons, dismissed from the state service on negative motives;
      13) road traffic accidents, which caused death or injury of people;
      14) person, not fulfilled obligations on enforcement documents, as well as persons, not executed regulation on imposition of administrative fine on a voluntary base;
      15) wanted persons, being the debtors on enforcement proceedings, defendants in the cases, presented in the interest of the state, as well as on recovery of alimony, compensation of damage, caused by injure or other injury to health, death of the wage earner;
      16) persons, brought to the responsibility for commission of legitimization (laundering) of money and (or) other property, received by illegal means, and financing of terrorism;
      17) amounts of confiscated property, related with legitimization (laundering) of money and (or) other property, received by illegal means, and financing of terrorism;
      18) mutual legal assistance and other international requests, related with legitimization (laundering) of money and (or) other property, received by illegal means, and financing of terrorism;
      19) notifications, directed by the bodies of control and supervision to the authorized body in the manner, established by the legislation of the Republic of Kazakhstan;
      20) conducted forms of control and supervision by the bodies of control and supervision with visit of objects (subjects) of control in accordance with paragraph 3 of Article 10 of the Law of the Republic of Kazakhstan “On the state control and supervision in the Republic of Kazakhstan”.
      4. Rules of creation, formation, storage, maintaining and use of special accounts, except for the operative and departmental accounts shall be established by the authorized body.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 23.02.2005 No. 33; dated 28.08.2009 No. 192-IV(shall be enforced from 08.03.2010); dated 06.01.2011 No. 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2011 No. 522-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.06.2014 No. 206-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015); dated 03.11.2014 No. 244-V (the order of enforcement see Article 2); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 13. Objects of special accounts

      1. The object of special account in the territory of the Republic of Kazakhstan may be individual independent from origin, social, official and property position, sex, race, nationality, language, citizenship, attitude to religion, beliefs, membership of the public associations, place of residence or any other circumstances, as well as a legal entity.
      2. The consent of object of account shall not be required for inclusion of details on it to the system of special accounts of the authorized body, unless otherwise provided by the Law.
      3. The consent of object of account shall not be required for the use of details on it by the state body upon solution of tasks, including in its competence, unless otherwise provided by the Law.
      4. Surname, name, patronymic, the date of birth, birth place of person, as well as the fact of change of these data by person, as well as the previous data shall not be the personal or family secret. A person shall not have right to prohibit or permit the inclusion of these, as well as other details, received by illegal means to the special accounts.

Article 14. Formation of special accounts

      1. Special accounts, details of which may be used by various state bodies upon solution of tasks, including in their competence, shall subject to maintaining only in the authorized body.
      2. Information accounting documents and other necessary materials and details shall be presented by the subjects of legal statistics and special accounts for formation of special accounts in the manner, within the limits, volumes and terms, which are established by the authorized body.

Article 15. Assignment and maintaining of departmental accounts

      1. Departmental accounts shall be carried out by the subjects of legal statistics and special accounts for the purposes of solution of tasks, including in their competence.
      2. Procedure of formation of departmental accounts shall be determined by the departmental instructions.
      3. Details, contained in the departmental accounts may be exclusively used within solution of tasks, including in the competence of the state body.

Article 16. Procedure of use, storage of legal statistical
information

      1. The authorized body shall have a right to publish statistical information in the mass media, issue statistical books and otherwise use of statistical information for practical, scientific and research purposes with observance of requirements of the legislation of the Republic of Kazakhstan.
      2. Legal statistical information in the form of information accounting documents and report forms shall be stored in the conditions, ensuring its safety in accordance with the requirements, determined by the authorized body.
      3. The terms of storage of legal statistical information shall be established by the authorized body in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV.

Article 17. Responsibility for violation of the legislation
of the Republic of Kazakhstan on the state legal
statistics and special accounts

      Persons, guilty in violation of the legislation of the Republic of Kazakhstan on the state legal statistics and special accounts shall bear responsibility in the manner established by the Laws of the Republic of Kazakhstan.

      The President
      of the Republic of Kazakhstan