On Bodies of Military Police

The Law of the Republic of Kazakhstan dated 21 February, 2005 No.32

      This Law establishes the legal bases, principles, tasks and system of bodies of military police of Armed Forces, bodies of national security and internal affairs of the Republic of Kazakhstan (hereinafter – bodies of military police).

Chapter 1. General provisions

Article 1. The status of bodies of military police

      Bodies of military police shall be the special military units, organizationally including in the composition of Armed Forces, national security bodies, National guard of the Republic of Kazakhstan and carrying out functions on ensuring of legal order in the Armed Forces, other military forces and military formations of the Republic of Kazakhstan.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Legal basis of activity of bodies of military police

      The legal basis of activity of bodies of military police shall consist the Constitution of the Republic of Kazakhstan, this Law, other regulatory legal acts of the Republic of Kazakhstan, as well as international treaties, ratified by the Republic of Kazakhstan.

Article 3. Principles of activity of bodies of military police

      An activity of bodies of military police shall be formed on the principles of legality, unity of command, publicity, equality of all before the Law, respect and observance of rights and freedoms of person and citizen.

Article 4. System and structure of bodies of military police

      1. Bodies of military police shall be created in the Armed Forces, national security bodies and National guard of the Republic of Kazakhstan.
      2. The Minister of Defence, Ministry of Internal Affairs, Chairman of the National Security Committee of the Republic of Kazakhstan shall carry out creation, reorganization and abolition of units of bodies of military police in the manner established by the legislation of the Republic of Kazakhstan.
      3. The relevant civil servants shall carry out and determine the management of activity, structure and staff numbers of bodies of military police.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. The tasks of bodies of military police

      The tasks of bodies of military police shall be:
      1) ensurance of legal order in the Armed Forces, other military forces and military formations of the Republic of Kazakhstan;
      2) preventive measures, prevention, revelation, suppression and detection of crimes and infractions within the competence, established by the Laws of the Republic of Kazakhstan;
      3) revelation of circumstances, contributed to commission of the crimes and infractions;
      4) production of prejudicial investigation in accordance with criminal procedure legislation of the Republic of Kazakhstan;
      5) search for the military servicemen, hiding out from the inquiry bodies, investigation and judge, as well as left the location of military units without permission;
      6) safety ensuring of traffic of transport vehicles of national security bodies. Armed Forces, other military forces and military formations of the Republic of Kazakhstan;
      7) execution detention of military servicemen with maintenance in the military detention, as well as execution of administrative punishment in the form of administrative arrest;
      7-1) carrying out of the state registration of motor vehicles and their trailers of the Armed Forces, other military forces and military formations of the Republic of Kazakhstan;
      7-2) holding of compulsory inspection of motor vehicles and their trailers, registered in the bodies of military police;
      8) carrying out of other tasks, imposed on them by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      In addition the tasks of bodies of military police of National Security Committee shall be:
      1) production of prejudicial investigation of cases on criminal infractions, committed by military servicemen and servants of special state bodies in accordance with the criminal procedure legislation of the Republic of Kazakhstan;
      2) production on the cases on administrative infractions (in a part of violations of traffic rules, committed by persons, driving transport vehicles of special state bodies).
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 177-IV (the order of enforcement see Article 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 6. Interaction and cooperation of bodies of military
police with the state bodies and organizations, civil servants

      1. Bodies of military police shall carry out their activity in cooperation with law-enforcement and other state bodies of the Republic of Kazakhstan within the limits established by the legislation and mutually inform each other on issues, relating to their competence.
      Procedure of organization and carrying out of interaction of bodies of military police with the state bodies, their structural subdivisions and subordinated organizations shall be determined by the joint regulatory legal acts of the relevant state bodies.
      2. Command of military formations, bodies of military administration and military servicemen shall be obliged to render assistance to the bodies of military police in decision of tasks assigned to them.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. Powers of bodies of military police

Article 7. Powers of bodies of military police

      Powers of bodies of military police of Armed Forces of the Republic of Kazakhstan in a part of production of prejudicial investigation shall be distributed to the military servicemen of management bodies and military units of civil defense of the authorized body in the scope of civil protection outside of the territory of military units.
      The relevant commanders (command authorities) shall exercise powers of bodies of military police in the territory of military units of specified military formation.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (the order of enforcement see Article 2).

Article 7-1. Powers of bodies of military police of the National Security Committee

      Powers of bodies of military police of the National Security Committee in a part of production of prejudicial investigation shall be distributed to the military servicemen and servants of special state bodies.
      Footnote. Chapter 2 is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 8. Rights of bodies of military police

      Bodies of military police for performance of tasks, assigned to them within the powers and procedure established by the Law shall have a right to:
      1) require an observance of public order, rules of wearing of military uniform, termination of illegal actions and actions, preventing to carrying out of tasks and functions of bodies of military police from the military servicemen, citizens, being in reserve during passing of military meetings, as well as members of civilian staff of military units, unions, institutions in connection with execution by them of official duties;
      2) verify the identification documents, take measures, ensuring termination of infraction upon commission of infractions by the military servicemen and citizens, being in reserve during passing of military meetings, and by other persons in the territory of military units (military facilities) and permanent posts;
      3) calls the military servicemen and other citizens to the bodies of military police on existence in the production materials and criminal cases, get explanations from them, documents or their copies, perform interrogations and other investigatory actions, as well as subject to bringing of persons, avoiding from appearance without good reason in the manner established by the Law;
      4) detain the military servicemen, suspected in commission of criminal infraction, as well as accused or defendants hiding from bodies of inquiry, preliminary investigation or court in the manner established by the legislation of the Republic of Kazakhstan;
      5) conduct personal inspection of detained persons, specified in subparagraph 4) of this Article, inspection of their clothes, documents, transport vehicles, seize the items, being in the illegal trafficking in the manner established by the legislation of the Republic of Kazakhstan;
      6) detain and deliver the military servicemen, grossly violating the military discipline or public order to the institutions of bodies of military police or on place of service;
      7) carry out production on the cases on administrative infractions in relation of military servicemen and citizens, being in reserve, during passing military meetings in accordance with the legislation of the Republic of Kazakhstan on administrative infractions;
      8) transfer materials on disciplinary offences, committed by the military servicemen, as well as citizens, being in reserve, during passing of military meetings for consideration of relevant commanders (command authorities) of military units;
      9) carry out prejudicial investigation within the powers, established by the criminal procedure legislation of the Republic of Kazakhstan;
      10) upon prosecution of persons, suspected in commission of criminal infractions, endangering the security of citizens, freely enter to the residential or other premises of citizens, on the land plots belonging to them, in the territory and premises of the state bodies and organizations (except for the representatives of foreign states and international organizations, having diplomatic immunity) and inspect them or in the existence of sufficient grounds to suppose that committed or committing a criminal infraction, with subsequent notification on that the prosecutor during twenty four hours;
      11) freely and gratuitously receive information and materials, being in the proceedings of criminal cases from the state bodies and organizations with compliance with the requirements, established by the legislation of the Republic of Kazakhstan;
      12) make presentations on elimination of circumstances, contributing to the commission of crimes and infractions, within its competence, to the military command and other civil servants;
      13) use the means of communication independent from their location and belonging in the immediate cases for the official purposes;
      14) independently establish the checkpoints upon conducting of measures on search and detention of military servicemen, left the location of military unit with weapon without permission, by agreement with the law-enforcement bodies;
      15) stop the transport vehicles of Armed Forces, other military forces and military formations of the Republic of Kazakhstan, suspend the persons, being in the state of alcohol, drug and toxic intoxication from the management of military transport vehicles, and direct them to the medical examination in the manner and cases, established by the legislation of the Republic of Kazakhstan;
      16) restrict or prohibit the traffic of vehicles and pedestrians in the separate street sections, auto roads and other territories upon conducting of measures on detention of persons, suspected in commission of criminal infraction, as well as upon circumstances, threatening to life and health of people, by agreement with the authorized body on ensuring security of road traffic;
      17) direct traffic on the auto roads and streets during transmission of columns of military transport vehicles, organize and ensure accompaniment of these columns and transport vehicles of special purpose in the coordination with the authorized body on ensuring security of road traffic;
      18) verify execution of control and preventive measures on ensuring security of road traffic in the military units and military institutions;
      19) use of military transport for transportation to the scene of the event, deliver to the medical institutions of military servicemen and citizens, being in need of emergency medical treatment in the absence of other opportunities;
      20) have special premise - military detention for the maintenance of military servicemen, detained by the bodies of military police or being under investigation and court, or for use of arrest;
      21) exercise other rights, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 10.07.2009 No. 177-IV (the order of enforcement see Article 2); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months 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).

Article 9. Obligations of bodies of military police

      Bodies of military police in accordance with the tasks, assigned to them and within the powers shall be obliged to:
      1) protect the rights and freedoms of military servicemen and other citizens from illegal infringements;
      2) ensure the legal order in the permanent posts, prevent, reveal, detect and suppress the military crimes and other infractions, establish the circumstances, contributing to their commission;
      3) consider appeals of citizens, maintain account and analyze operational information on the crimes and infractions, committed by the military servicemen and citizens, being in the reserve, during passing of military meetings, as well as accidents in the military units and garrisons
      4) carry out search of military servicemen, left the location of military units without permission, committed criminal infraction, hiding from bodies of inquiry, preliminary investigation or court, avoiding from execution of criminal punishment, and in other cases, provided by the legislation of the Republic of Kazakhstan in coordination with other law-enforcement bodies;
      5) make the prejudicial investigation on the cases of criminal infractions, committed by the military servicemen, doing military service by conscription or contract; by the citizens, being in reserve, during passing of military meetings; members of civilian staff of military units, unions, institutions in connection with execution by them of official duties or being in the arrangement of these parts, unions and institutions in the manner established by the criminal procedure legislation of the Republic of Kazakhstan;
      6) carry out control of road traffic of military transport vehicles and observance of rules of their operation within its competence;
      7) execute the orders of investigator, instructions of procurator, decision of court in the manner established by the Law;
      8) carry out production on the cases on administrative infractions, referred to the competence of bodies of military police; 9) ensure the legal order and security upon liquidation of emergency situations;
      10) render assistance to the military command in ensuring of military discipline among the military servicemen;
      11) render assistance to the citizens, suffered from illegal infringements, occurrences and accidents, as well as being in the helpless or other state, dangerous for their health and life;
      12) participate in ensuring of the regime of emergency or military situation in accordance with the legislation of the Republic of Kazakhstan, perform the separate tasks in the system of territorial defence of the Republic of Kazakhstan in war time;
      13) detain of military servicemen with maintenance them in the military detention in the cases provided by the legislation;
      14) provide convoy of accused in custody for conducting of investigatory actions on written requests of bodies, dealing with criminal proceeding;
      15) perform other obligations, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 22.05.2007 No. 255 (shall be enforced from the date of its official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-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).

Article 10. Responsibility of servants of bodies
of military police

      1. The military servicemen of bodies of military police shall bear responsibility for commission of infractions in accordance with the Laws of the Republic of Kazakhstan.
      Procedure of bringing of military servicemen of bodies of military police to the responsibility for violation of military discipline shall be established by the military regulations.
      2. Actions (omission) of servants of bodies of military police may be appealed in the manner established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 22.05.2007 No. 255 (shall be enforced from the date of its official publication); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Chapter 3. Use of fire weapons, special means and physical
force by the servants of bodies of military police

Article 11. Use of armed weapons

      1. Use of armed weapons shall be the last extreme measure and permitted in the case when other measures proved ineffective and if by the conditions of situation of use of other measures is impossible.
      2. Servants of bodies of military police shall have a right to use the fire weapons in the cases:
      1) protection of military servicemen, other citizens from criminal infringement, as well as release of the hostages;
      2) holding off an attack to the servants of bodies of military police or members of their families, persons, performing official and public duty on protection of legal order;
      3) holding off an attack to the objects, be in the custody, convoy, premises, structures, transport vehicles, as well as aircraft, marine vessels of military units, as well as for release them in the case of seizure;
      4) detention of persons, caught in the commission of criminal infraction and (or) made resistance, escaped from custody, as well as for detention of armed person;
      5) stop the military transport vehicle by its damage, if the driver does not subject to the legal requirements of servants of bodies of military police and create a threat to the life or health of military servicemen and citizens;
      6) protection against animals attacks;
      7) alert signal or call for help;
      8) necessary defence and extreme necessity.
      3. Use of fire weapons in relation of women and minors, except for the cases of commission by them of armed attack, making of armed resistance, taking of hostages, transport vehicles or group attacks shall be prohibited.
      4. In all cases of the use of fire weapons the servants of bodies of military police shall be obliged to take necessary measures for ensuring security of others, rendering of emergency medical service, report immediate superior in command on the use of weapons.
      5. The military prosecutor shall be immediately informed on each case of the use by the servants of bodies of military police the fire weapons, entailed the death of people and other grave consequences.
      6. Official investigation shall be conducted on each fact of the use of fire weapons. In the case of establishment of fact of illegal use of fire weapons, a guilty person shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 12. Use of special means and physical force

      1. The servants of bodies of military police shall have a right to use physical force, special means, as well as combat maneuvers of struggle, handcuffs, rubber sticks, devices for opening premises, forcible stopping of transport vehicles, service dogs, as well as special transport vehicles, the list of which are determined by the chief executive officers of central state bodies in the field of Armed Forces, national security bodies and National guard of the Republic of Kazakhstan, in the cases:
      1) protection of military servicemen, other persons and self-defense against attack and other actions, creating a threat to their life and health;
      2) suppression of mass disorders in the military units, as well as group violations of public order and military discipline by the military servicemen;
      3) holding off an attack to the military communities, objects, structures, premises, constructions and military transport vehicles or their release in the case of seizure;
      4) detention of offenders, if they make disobedience or resistance to the servants of military police, other persons, performing the duties assigned to them on observance of military discipline and protection of public order, for their deliver to the military units and military detentions, convoy and protection of detained persons, persons taken into custody, if there are sufficient grounds to suppose that they may escape, cause harm to others or themselves.
      2. Use of special means and physical force in relation of women, persons with obvious signs of disability and minors, except for the cases of commission by them an attack, threatening to the life and health of others, group attack or making of armed resistance.
      3. The military prosecutor shall be immediately informed on each case of the use by the servants of bodies of military police the special means and physical force, entailed the death of people and other grave consequences.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. Regular personnel, social and legal protection
of servants of bodies of military police

Article 13. Regular personnel of bodies of military police

      1. Bodies of military police shall be completed by the military servicemen and civilian personnel in accordance with the legislation of the Republic of Kazakhstan.
      2. Military servicemen and other persons, calling up for service in the bodies of military police shall conduct compulsory special verification before assignment to the positions in accordance with the legislation of the Republic of Kazakhstan.
      The persons, first take service in the bodies of military police shall serve initial training and internship in the compulsory manner, the probationary period may be established for them. Procedure and conditions of taking them probation period and internship shall be determined by the Minister of Defence, Minister of Internal Affairs, Chairman of the Committee of national security of the Republic of Kazakhstan.
      3. The service in the bodies of military police may not include the following persons:
      1) in relation of whom the court verdict of guilty was made for commission of criminal offence during three years before entering the service or released from criminal responsibility during three years before entering the service on the basis of paragraphs 3), 4), 9), 10) and 12) of first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for the commission of criminal offence, as well as persons, dismissed from the state bodies on negative appeals;
      2) previously convicted or released from the criminal responsibility for commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) of first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan.
      4. The issues of acceptance for employment and labour conditions of civilian personnel of bodies of military police shall be regulated by the labour legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on the state service.
      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 15 May, 2007 No. 253; dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 14. Social and legal protection of military servicemen
of bodies of military police

      1. The legislation of the Republic of Kazakhstan, regulating the military service, establishing the legal and social guarantees, benefits, medical, pension and other types of support, as well as not contradicting to these conditions the legislation of the Republic of Kazakhstan, regulating the military service in the relevant bodies, in the structure of which the military police is included shall be distributed to the military servicemen of bodies of military police.
      2. The servants of bodies of military police shall be representatives of the state power and protected by the state, and the service certificates and badges are issued to them.
      3. Interfering with performance by the servants of bodies of military police the obligations, assigned to them, insult, resistance, threat of violence or infringement on life, health, honor and dignity, property in connection with performance of their official obligations shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 15. Supervision of observance of legality in the
activity of bodies of military police

      Prosecutor-General of the Republic of Kazakhstan and military prosecutors subordinated to him (her) shall carry out supervision of observance of legality in the activity of bodies of military police.

      The President
      of the Republic of Kazakhstan