On Internal Affairs Bodies of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 23 April, 2014 No. 199-V

Unofficial translation

      The Law regulates public relations in the scope of activity of the internal affairs bodies of the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS

Article 1. The internal affairs bodies of the Republic of Kazakhstan and their designation

      1. Internal affairs bodies of the Republic of Kazakhstan (hereinafter – internal affairs bodies) shall be the law enforcement body designed for protection of life, health, rights and freedoms of human and citizen, interests of community and the state from security incidents, protection of public order and provision of public safety.
      2. Interference in the activity of the internal affairs bodies upon carrying out of their powers by them shall be prohibited.

Article 2. Legal basis of the activity of the internal affairs bodies

      1. The legal basis of the activity of the internal affairs bodies consists of the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied.

Article 3. Principles of the activity of the internal affairs bodies

      The activity of the internal affairs bodies shall be carried out in accordance with the principles of the state service and special principles of the law enforcement service in the Republic of Kazakhstan.

Chapter 2. OBJECTIVES, COMPETENCE AND POWERS OF THE INTERNAL AFFAIRS BODIES

Article 4. Objectives of the internal affairs bodies

      1. The internal affairs bodies intended to serve to the nationality of Kazakhstan in purpose of provision of public safety shall carry out the following objectives:
      1) prevention of infractions;
      2) protection of the public order;
      3) prevention of crime;
      4) performance of the criminal penalties and administrative sanctions.
      2. The other objectives shall be imposed on the internal affairs bodies by the Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

Article 5. Competence of the internal affairs bodies

      The internal affairs bodies in accordance with the legislation of the Republic of Kazakhstan within imposed objectives shall:
      1) carry out the set of measures directed on detection, research, elimination of the reasons and conditions promoting the commitment of infractions;
      2) carry out the set of measures on protection of public order;
      3) carry out state control and supervision of road traffic and its safety ensuring;
      4) carry out state control of turnover of the civilian and service weapons and ammunition to it;
      5) carry out state control in the scope of security activity;
      6) carry out protection of individuals and objects being subject to the state protection;
      7) control the status of anti-terrorist protection of objects being vulnerable in terrorist relation;
      8) realize the state policy in the scope of citizenship, migration of population and refugees;
      9) carrying out production of identity documents as well as keeping of the National register of unique identification numbers;
      10) carrying out of the license and permitting activity;
      11) carry out the proceedings on cases on the administrative infractions;
      12) carry out detection and investigation of criminal offenses;
      Note RCLI!
      Subparagraph 13) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      13) carry out operational and investigative activity;
      14) carry out researches;
      15) carry out search;
      16) carry out realization of the state policy in the scope of turnover of narcotic drugs, psychotropic substances, precursors and countermeasure of their illegal turnover and their abusive acts;
      17) carry out state protection of persons participating in the criminal process;
      18) realize the state policy in the scope of penal activity, carry out the detention of persons in the special institutes of the internal affairs bodies;
      19) render the state services;
      20) carry out international cooperation;
      21) carry out the other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 6. Powers of the internal affairs bodies

      1. Internal affairs bodies within their competence shall:
      1) protect life, health, rights and freedoms of human and citizen from security incidents;
      2) accept, register and consider applications or reports on accidents committed or preparing criminal or administrative infraction, inform an applicant party on made decision in the manner established by the legislation;
      3) render assistance to the individuals injured from security incidents, accident and casualties as well as those being in helpless or other status being dangerous to their life and health;
      4) carry out general, special and individual measures of prevention of infractions;
      5) carry out the patrolling;
      6) carry out the control for observance of the road traffic rules and regulations relating to the safety ensuring of the road traffic, regulate the road traffic;
      7) carry out the issue of driving licenses, state registration of the transport vehicles on the identity number and their recording, registration of persons using the transport vehicles by the letter of attorney;
      8) detect and suppress the administrative infractions, carry out proceedings on cases on the administrative infractions;
      9) deliver persons in the medical organizations or the internal affairs bodies being in public places in a state of intoxication, affront to human dignity and the public morality;
      10) carry out the search, detain and deliver persons in the special medical institutions avoiding from compulsory medical measures designated by the court decision;
      11) deliver minors watchless children in the adaptation centers at the age from three to eighteen years, as well as children left without care of parents or persons substituting them;
      12) provide the protection of public order upon performance of public events;
      13) suppress mass riots, group insubordinations;
      14) carry out the measures on prevention and liquidation of emergency situations, provision of the regime of emergency or military situation;
      15) carry out the state control of subjects engaged in security activity, assemblage, alignment and maintenance operations of facilities of the security alarm system and of the activity of specialized training centers on training and raising of qualification of employees holding positions of the head and guard in private security organization;
      16) carry out protection of individuals and objects being subject to the state protection;
      17) perform the supervision of persons, their things, transport vehicles upon provision of the access regime on the objects being subject to the state protection;
      18) issue the certificate of identity and passport of citizen of the Republic of Kazakhstan, the residence permit of a foreigner in the Republic of Kazakhstan, the certificate of a stateless person, form the unique identification numbers and keep the National register of the unique identification numbers;
      19) ensure formation of the materials of citizenship, determine belonging (non- belonging) to the citizenship of the Republic of Kazakhstan;
      20) carry out records of citizens of the Republic of Kazakhstan, their registration and de-registration at the place of residence, execution of documents on departure beyond the Republic of Kazakhstan for permanent place of residence;
      21) take measures on suppression of illegal immigration, record and registration of foreigners and stateless persons, control observance of established rules of entry, departure, stay in the Republic of Kazakhstan by them and the travel in transit through the territory of the Republic of Kazakhstan;
      22) carry out the fingerprinting, photographing of the labour immigrants and form their record;
      23) issue exit visas from the Republic of Kazakhstan, permissions for temporary residence and permanent residence in the Republic of Kazakhstan to foreigners and stateless persons;
      24) carry out procedures for assignment, renewal, deprivation and termination of refugee status, issue of certificate of a refugee travel document, certificate of the asylum seeker;
      25) carry out the control in the form of inspections and other forms of observance of established rules of turnover of the civilian and service weapon and ammunition to it, civil pyrotechnic substances and products with their application, explosive materials, narcotic drugs, psychotropic substances and precursors by individuals and legal entities;
      26) issue:
      appointments to:
      individuals for commission sale of civilian weapon and ammunition to it;
      legal entities for commission sale of civilian and service weapon and ammunition to it;
      conclusions to:
      individuals on importation into the territory of the Republic of Kazakhstan, the export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan of single copies of civilian weapon and ammunition to it;
      legal entities for:
      compliance of the civilian and service weapon and ammunition to it to the criminalistics requirements;
      importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civilian and service weapon and ammunition to it;
      permissions to:
      individuals on acquisition, storage, storage and carrying, transporting of the civilian weapon and ammunition to it;
      legal entities for:
      acquisition, storage of explosive materials; storage of civil pyrotechnic substances and products with their application;
      storage, storage and carrying, transporting of the civilian and service weapon and ammunition to it;
      opening and functioning of shooting ranges (firing ranges) and stands;
      importation into the territory of the Republic of Kazakhstan, the export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of the narcotic drugs, psychotropic substances and precursors;
      27) take measures on the disarmament and elimination of found explosive materials, ammunition and explosive devices;
      28) control the status of anti-terrorist security of objects being vulnerable in terrorist relation, with the exception of the objects of the Republic of Kazakhstan protected by the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as special state bodies, and performance of requirements by their heads provided by the Law of the Republic of Kazakhstan "On countering terrorism";
      29) take part in performance of anti-terrorist operations and security measures;
      30) detect, prevent, suppress and disclose criminal offenses, as well as by performance of operational investigative measures;
      31) detain the persons committing the criminal or administrative infractions;
      32) establish the reasons and conditions promoting the commitment of criminal offenses, to take measures directed to their elimination;
      33) carry out the pretrial procedure on criminal cases;
      34) perform the search of persons hiding from the bodies of inquiry, investigation and court, evading from performance and serving of criminal penalties, enforcement of court decision, missing persons;
      35) execute judicial acts, requirements of judges, regulations, prescriptions and requirements of the prosecutor, as well as written instructions of the crime investigator, the interrogating officer in the course of pretrial proceeding in criminal cases;
      36) render assistance to the officers of justice in compulsory execution of the enforcement documents;
      37) take security measures in purpose of protection of life and health of the persons being subject to state protection, and their property;
      38) detain persons in the special institutions of the internal affairs bodies, to provide their security and convoy;
      39) perform judgments and court orders in relation of convicted persons, provide the observance of the order and conditions of serving the punishments, protection of the correctional system facility;
      40) provide sanitary-epidemiological well-being and health of persons detained in the institutions of correctional system facility and in special institutions of the internal affairs bodies;
      41) require from persons detained in the institutions of correctional system facility, performance of the obligations imposed on them by the legislation of the Republic of Kazakhstan, and the judgment of court;
      42) provide the legality, legal order in the institutions of correctional system facility;
      43) provide own security;
      44) provide the protection of details constituting the state secrets, and departmental control over the observance of secrecy order;
      45) provide the observance of requirements of the informational safety;
      46) provide protection of the personal details;
      47) provide accumulation, preservation and record of documents of the National Archival Fund of the Republic of Kazakhstan and other document materials on the activity of the internal affairs bodies, to issue the archival letters to individuals and legal entities;
      48) represent the details from own information systems upon request of the authorized body on financial monitoring in accordance with the legislation of the Republic of Kazakhstan on countering legalization (laundering) of incomes received illegally, and financing of terrorism;
      49) represent the details on criminal cases being in proceedings upon request of the authorized body in the scope of rehabilitation and bankruptcy that are initiated on the crimes against property of relation of debtors, recognized as bankrupts in manner is established by the Law or in relation of which the rehabilitation procedure is applied;
      50) carry out the interdepartmental coordination of the activity on provision of public safety;
      51) carry out the other obligations provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. The internal affairs bodies within their competence shall have a right to:
      1) demand the observance of the Laws of the Republic of Kazakhstan, the cancellation of illegal actions, and to apply appropriate enforcement measures in case of non-performance of these requirements from individuals and legal entities;
      2) inspect the documents of individuals certifying their identity, as well as other documents being necessary for inspection of observance of the established rules, control for performance of which is imposed on the internal affairs bodies;
      3) call individuals and representatives of legal entities in the internal affairs bodies on materials and cases being in proceeding, to receive their explanations and evidences, documents, their copies and upon non-appearance, to subject to bringing in the established manner;
      4) request information from heads or other civil servants of objects being vulnerable in terrorist relation, regardless of forms of ownership on the performance of the requirements by them provided by the Law of the Republic of Kazakhstan "On countering terrorism";
      5) request information from the subjects of security activity on the performance of the requirements by them provided by the Law of the Republic of Kazakhstan "On security activity";
      6) make binding instructions, submissions on elimination of the reasons and conditions contributing commission of criminal or administrative offenses for individuals and legal entities;
      7) establish cooperation on the publicly and privately basis with citizens for the implementation of the tasks imposed on the internal affairs bodies;
      8) encourage citizens distinguished in the protection of public order;
      9) suppress illegal forms of expression of public, group or personal interests and protests;
      10) perform examination of persons with respect to establishing the fact of consumption of psychoactive substance and intoxication, and upon impossibility - deliver in medical institutions for the examination;
      11) stop and search transport vehicles, suspend persons from driving of transport vehicles, prohibit the operation of transport vehicles, temporarily restrict or prohibit the movement of transport vehicles and pedestrians;
      12) perform cordon of the sectors in location upon liquidation of the consequences of emergency situations, performance of the antiterrorist operations, security, mass, quarantine measures, detention of wanted persons, release of hostages, prosecution of persons suspected in commission of criminal or administrative offenses, inspection of details on detection of explosive materials, ammunition and explosive devices, poisonous and radioactive substances, suppression of mass disorders and other group activities threatening the security of individuals, livelihoods of the objects of infrastructure, disturbing public order;
      13) perform screening of individuals, their belongings, transport vehicles and carried goods at the entrance (entry) of places of conducting security, public events, as well as with applying technical means, not to allow access for persons and transport vehicles with prohibited items and things to the places of their carrying out;
      14) establish checkpoints during upon performance of operative-preventive, investigative and other special measures;
      15) participate in quarantine, sanitary and anti-epidemic and environmental activities;
      16) attract the forces and facilities of fire-fighting and accident rescue services, transport and other material and technical means, equipment of communications and chemical protection of organizations for liquidation of consequences for emergency situations, and in case of necessity to give orders for evacuation of people, material values from the danger zone, to suspend the operation of production units and facilities for the period of liquidation of emergency situations;
      17) use any form of transport (except for transport vehicles of the representatives of foreign states and international organizations with diplomatic immunity) for the prosecution of persons being suspected in commission of a criminal offense, the arrival to the place of accident, during the period of emergency or military situation in conditions of armed conflicts, upon liquidation of emergency situations, as well as for delivery of persons being in need of emergency medical care to health care organizations, if delay may pose a real threat to life or health of people, with compensation of material damage to owners in the case of its infliction in the manner determined by the Government of the Republic of Kazakhstan;
      18) perform inspections of the places of development, production, repair, storage, use, destruction, trade, collecting and exhibiting of civilian and service weapon and ammunition to it, their main components, civilian pyrotechnic substances and products with their use, storage sites of explosive materials;
      19) use technical means for recording the facts of committing criminal or administrative offenses and actions of the employees of the internal affairs bodies;
      20) take measures on arresting the persons committed criminal or administrative offenses;
      21) deliver individuals for committing administrative offense to the internal affairs bodies;
      22) detain military servants that committed criminal or administrative offenses, and send them to the military police commanders of military units or heads of local military administration;
      23) seize weapons, ammunition, narcotic drugs, psychotropic substances and precursors, as well as other prohibited items or substances;
      24) conduct special operations on detection, blocking, disposal and detention of criminals and persons committed grave and especially grave crimes, members of organized crime groups (communities), as well as on release of hostages;
      25) enter without delay, to inspect residential and other premises, territories and land fields (except for the representatives of foreign states and international organizations with diplomatic immunity) upon pursuing of persons suspected in commission of criminal or administrative offenses threatening the security of individuals, or upon existence of sufficient evidences to believe that there the criminal or administrative offense is committed or starts commission, the accident occurred for ensuring personal security of individuals and public safety during natural disasters, catastrophes, accidents, epidemics, epizootics and mass disorders;
      26) restrict, temporarily prohibit the access or stay to individuals in dwelling places, in certain parts of place, if their presence poses a threat to human life and health, property objects, disrupts work of organizations, prevents movement of vehicles and pedestrians, as well as in cases of conducting operational-investigative measures, investigative actions and mass events;
      27) use the documents of other state bodies and organizations for encrypting conspiratorial organizations, premises, transport vehicles, personality of employees and their departmental subordination;
      28) conduct scientific and technical and other researches;
      29) develop, use and improve departmental and administrative accountings;
      30) take photo, to fingerprint, to produce a sound recording, film and video, to select biological, odor and other samples for registration on criminal records of suspected, accused persons, persons serving a sentence in the institutions of correctional system detained in the special institutions of the internal affairs bodies, registered on preventive record;
      31) create, use and improve information systems, information and communication and telecommunication networks, communication networks;
      32) detain persons in the territory adjoining to the institution of correctional system that committed the actions falling within the scope of administrative or criminal legislation, to deliver them to the internal affairs bodies and carry out their personal search;
      33) inspect persons, their belongings, transport vehicles being in the territory of the institution of correctional system and territory adjoining to it, on which security requirements are established, as well as to seize prohibited items and documents, the list of which shall be established by legislation of the Republic of Kazakhstan;
      34) carry out examination of persons detained in the institutions of correctional system with respect to establishing the fact of consumption of psychoactive substance and intoxication, and in case of impossibility - to deliver to health care institutions for the examination;
      35) temporarily restrict or prohibit movement of transport vehicles, not to allow citizens to the territory of the institution of correctional system and the territory adjoining to it or oblige them to stay or to leave it upon imposition of the regime of special conditions;
      36) attract public and religious associations to activities of the correctional system in accordance with the legislation of the Republic of Kazakhstan;
      37) deny in rendering of public services in accordance with the legislation of the Republic of Kazakhstan;
      38) engage mass media for publicity of activity of the internal affairs bodies;
      39) gratuitous air navigation service of aerial vehicles of the internal affairs bodies;
      40) carry out collection and processing of personal data;
      41) carry out the other rights provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      3. In case of violation of rights and freedoms of human and citizen, as well as legal interests of individuals and legal entities by servants, military servants and employees of the internal affairs bodies, the internal affairs bodies shall be obliged to restore these rights, to compensate inflicted damage, ensure bringing of guilty persons to responsibility in accordance with the Laws of the Republic of Kazakhstan.

Chapter 3. SYSTEM AND ORGANIZATION OF ACIVITY OF THE INTERNAL AFFAIRS BODIES

Article 7. System of the internal affairs bodies

      1. Unified system of the internal affairs bodies is formed by police, executive system, military investigative bodies, Internal Troops.
      2. Police is formed by criminal police, administration police subdivisions of investigation, inquiry and other subdivisions.
      Criminal police consists of subdivisions on struggle with organized crime, extremism, illegal turnover of narcotic drugs, psychotropic substances and precursors, other subdivisions carrying out operational-investigative activity.
      Administrative police consists of subdivisions of local police inspectors, on cases of juvenile, protection of women from violence, control in the scope of turnover of civilian and service weapons, traffic police, immigration, environmental police, special institutions, other subdivisions carrying out protection of public order.
      3. The internal affairs bodies consist of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter – the Ministry of Internal Affairs), departments, territorial bodies as well as organizations subordinated to the Ministry of Internal Affairs.
      Territorial bodies are departments of the internal affairs of oblasts, cities of the republican significance and the capital, on transport, city, district, city district, linear internal affairs bodies, military investigative bodies.
      4. Correctional system is formed by department, its territorial bodies and institutions executing punishment, other subordinate organizations.
      5. Composition and organization of the activities of the Internal Troops shall be determined by the Law of the Republic of Kazakhstan "On Internal Troops of the Ministry of Internal Affairs of the Republic of Kazakhstan."
      6. Establishment, reorganization and liquidation of the structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and organizations subordinated to the Ministry of the Internal Affairs shall be carried out by the Minister of Internal Affairs of the Republic of Kazakhstan (hereinafter - the Ministry of Internal Affairs).

Article 8. Ministry of Internal Affairs

      1. The Ministry of Internal Affairs is a central executive body of the Republic of Kazakhstan heading the unified system of the internal affairs bodies.
      2. The Ministry of Internal Affairs shall have a flag, colour and symbol. Departments of internal affairs of oblasts, cities of republican significance and the capital, on transport, departments of correctional system of oblasts, cities of republican significance and the capital, as well as higher education institutions of the Ministry of Internal Affairs shall have banners.
      Description of the flag, banner and symbol of the Ministry of Internal Affairs, banners of territorial bodies and higher education institutions shall be approved by the President of the Republic of Kazakhstan.

Article 9. The Ministry of Internal Affairs

      1. The Ministry of Internal Affairs shall be headed by the Minister of Internal Affairs appointed and dismissed from position by the President of the Republic of Kazakhstan.
      2. The Minister of Internal Affairs shall:
      1) carry out management of a single system of the internal affairs bodies;
      2) establish the structure and staff size of the internal affairs bodies within the limit of staff size, approved by the Government of the Republic of Kazakhstan;
      3) submit suggestions on a change of the limit of staff size of the internal affairs bodies for consideration of the Government of the Republic of Kazakhstan;
      4) appoint, impose disciplinary sanctions and dismiss employees, military servants and employees of the internal affairs bodies;
      5) encourage, as well as award departmental awards;
      6) submit award recommendation for state awards to the President of the Republic of Kazakhstan;
      7) submit nomination for the highest military and special ranks for servants and military servants of the internal affairs bodies to the President of the Republic of Kazakhstan;
      8) submit nomination for appointment to the post of Deputy Minister of Internal Affairs, Commander of Internal Troops to the President of the Republic of Kazakhstan;
      9) be account to the President of the Republic of Kazakhstan on activity of the internal affairs bodies;
      10) on behalf of the Ministry of Internal Affairs, issue legal acts binding for the internal affairs bodies, within the competence – regulatory legal acts binding for other state bodies, individuals and legal entities;
      11) delegate power to his (her) deputies, heads of structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and subordinated organizations;
      12) represent the Ministry of Internal Affairs in state bodies and international organizations;
      13) sign international treaties within the competence;
      14) organize work on anti-corruption in the internal affairs bodies;
      15) exercise other powers imposed on it 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.

Chapter 4. STATE REGULATION IN THE SCOPE OF ACTIVITY OF THE INTERNAL AFFAIRS BODIES

Article 10. Competence of the Government the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) develop the main directions of state policy in the sphere of activities of the internal affairs bodies;
      2) approve the provision of the Ministry of Internal Affairs;
      3) approve the rules of turnover of weapon and ammunition to it;
      4) approve criminalistics requirements and methods of testing civilian and service weapon and ammunition to it, the rules for issuing opinions on the conformity to criminalistics requirements of civilian and service weapon and ammunition to it;
      5) approve the rules of acquiring, storing, recording, transportation, import and export of explosive materials;
      6) approve the rules of storage, recording, use, transportation, destruction, import, export of civilian pyrotechnic substances and products with their application;
      7) approve the rules for opening and operation of shooting ranges (firing ranges) and stands;
      8) approve the rules of using objects and premises in the scope of narcotic drugs, psychotropic substances and precursors;
      9) approve the rules of carrying out the state control of turnover of narcotic drugs, psychotropic substances and precursors;
      10) approve the rules of import, export, transit of narcotic drugs, psychotropic substances and precursors;
      11) approve the rules of state registration and recording of certain types of transport vehicles on the vehicle identification number, training of drivers of motor vehicles, admission of exams and issuance of driving licenses;
      12) approve the rules of road traffic, the main provisions for admission of transport vehicles for operation, a list of operational and special services, transport of which is subject to equipping by special light and sound signals and painting according to special colour design schemes;
      13) approve the model passport of antiterrorist security of the objects being vulnerable to terrorist relation;
      14 ) approve the standard training modules and standard type curriculums for training and raising of qualification of employees holding positions of a head and guard in a private security guard organization;
      15) approve the rules of using documents of other state bodies and organizations for encrypting conspiratorial organizations, premises, transport vehicles, personality of servants and their departmental subordination;
      16) approve the standard provision on advisory bodies under local executive bodies on promotion of the activity of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on organizing social and other assistance to persons that served the criminal punishments;
      17) perform other functions imposed on it by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 11. Competence of the Ministry of the Internal Affairs

      The Ministry of Internal Affairs shall:
      1) analyze state and tendency of development of criminogenic situation in the Republic of Kazakhstan, develop and take measures on public safety ensuring;
      2) ensure realization of state policy in the scope of road traffic safety;
      3) ensure realization of state policy in the scope of turnover of civilian and service weapon and ammunition to it;
      4) ensure realization of state policy in the scope of turnover of narcotic drugs, psychotropic substances and precursors, countering their illegal turnover and abuse;
      5) ensure realization of state policy in the field of citizenship, migration of population and refugees;
      6) ensure realization of a unified state personnel policy in the system of the internal affairs bodies;
      7) organize control of the state of anti-terrorist protection of objects being vulnerable in terrorist relation, except for the objects of the Republic of Kazakhstan protected by the Armed Forces, other forces and military formations of the Republic of Kazakhstan, as well as special state bodies, and the execution of requirements by their heads stipulated by the Law of the Republic of Kazakhstan "On countering terrorism";
      8) organize protection of individuals and objects being subject to state protection;
      9) organize the state control of the subjects engaged in security activity, assembling, commissioning and maintenance of security alarm means and of the activities of the specialized training centers on training and raising of qualification of employees holding positions of a head and guard in a private security guard organization;
      10) organize special and military transportations;
      11) organize and carry out the licensing and permitting activities in the internal affairs bodies;
      12) exercise control of the activities of special institutions, internal affairs bodies and institutions of correctional system;
      Note RCLI!
      Subparagraph 13 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      13) exercise control of protecting and escorting arrested and convicted persons;
      14) organize training, raising of qualification and retraining of personnel for the system of the internal affairs bodies, as well as abroad on the basis of international treaties;
      15) organize research activities in the system of the internal affairs bodies;
      16) organize and carry out its own security in the internal affairs bodies;
      17) organize the activity on safety ensuring of details constituting the state secrets, and carry out administrative control of observance of the secrecy regime in the internal affairs bodies;
      18 ) organize development of dog service in the system of the internal affairs bodies;
      19) ensure the functioning of a unified state system of documentation and organization of archiving in the internal affairs bodies;
      20) carry out financial and material and technical support of the internal affairs bodies;
      21) carry out legal support of the system of the internal affairs bodies, coordinate and ensure the protection of the interests of the internal affairs bodies in court, other state bodies;
      22) ensure informational support of the activities of the internal affairs bodies;
      23) carry out planning, organizing mobilization training in the system of the internal affairs bodies and its governance, ensure performance of imposed mobilization tasks and demands;
      24) develop:
      provision on the Ministry of Internal Affairs;
      rules of state registration and recording of certain types of transport vehicles on the vehicle identification number, training of drivers of motor vehicles, admission of exams and issuance of driving licenses;
      rules of road traffic, the main provisions on admission of transport vehicles for operation, the list of operational and special services, the transport of which shall be subject to equipping by special light and sound signals and painting at special colour design schemes;
      rules of turnover of civilian and service weapon and ammunition to it;
      criminalistics requirements and methods of testing civilian and service weapon and ammunition to it, the rules for issuing opinions on the conformity to criminalistics requirements of civilian and service weapon and ammunition to it;
      rules of acquisition, storage, recording, transportation, import and export of explosive materials;
      rules of storage, recording, use, transportation, destruction, import, export of civilian pyrotechnic substances and products with their application;
      rules of opening and functioning of shooting ranges (firing ranges) and stands;
      rules of using the objects and premises in the scope of turnover of narcotic drugs, psychotropic substances and precursors;
      rules of carrying out the state control of turnover of narcotic drugs, psychotropic substances and precursors;
      rules of import, export, transit of narcotic drugs, psychotropic substances and precursors;
      standard training modules and model curriculums for training and raising of qualification of employees holding positions of a head and guard in a private security guard organization;
      rules of using the documents of other state bodies and organizations for encrypting conspiratorial organizations, premises, transport vehicles, personality of employees and their departmental subordination;
      model passport of antiterrorist security of objects being vulnerable in terrorist relation;
      standard provision on advisory body under local executive bodies on promoting the activities of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on the organization of social and other assistance to persons that served the criminal punishments;
      25) develop and approve:
      structures and staffs, as well as standard, personnel regulations, standards of loading servants and employees of the internal affairs bodies;
      nomenclature of positions, qualification requirements to the categories of positions in the internal affairs bodies, the list of positions being replaceable on a competitive basis, conditions and procedures for the process of competition and training on probation upon admission to service;
      provisions on structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and organizations subordinated to the Ministry of Internal Affairs;
      standard provisions on structural subdivisions of department of internal affairs of oblasts, cities of republican significance and the capital, on transport, departments of correctional system of oblasts, cities of republican significance and the capital;
      provision on the Social council under the Ministry of Internal Affairs, its structure and the standard provision on Social councils under the territorial internal affairs bodies;
      rules of activity of educational organizations of the internal affairs bodies;
      rules of admission for study in educational organizations of the Ministry of Internal Affairs, realizing professional higher education programs;
      rules of admission for study in educational organizations of the Ministry of Internal Affairs, realizing professional programs of postgraduate education;
      rules of distribution of the graduates of educational organizations of the internal affairs bodies;
      rules of assignment, raising, testing, reduction and removal of class qualification of servants and military servants of the internal affairs bodies;
      rules of performing organizational and staff activities in the system of the internal affairs bodies;
      rules of carrying out the preventive control of persons being on preventive record in the internal affairs bodies;
      rules of admission, record, storage and safety ensuring in the internal affairs bodies of the seized, voluntarily surrendered, found weapon, ammunition, explosive materials;
      rules of assigning local police inspectors;
      rules of organization of performing the service of specialized security subdivisions of the internal affairs bodies;
      rules of carrying out the operational criminalistics activity in the internal affairs bodies;
      rules of organizing activity of operational management centers and duty units of the internal affairs bodies;
      rules of creating, using and improving departmental and operational records;
      rules of organization and tactics of holding the general and special operational investigative measures;
      rules of creating, using and improving informational systems, information and communication and telecommunication networks, communication networks;
      rules of registration and considering application on awarding a refugee status;
      samples of certificate of a refugee, travel document, certificate of a person seeking the asylum;
      26) carry out international cooperation;
      27) carry out the other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 12. Competence of local executive bodies

      1. Local executive bodies of oblasts, cities of republican significance, the capital shall:
      1) organize provision of public security in the territory of oblasts, cities of republican significance, the capital jointly with the internal affairs bodies;
      2) form an advisory body on promoting the activities of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on the organization of social and other assistance to persons that served the criminal punishments;
      3) provide maintenance of administrative police staff numbers at the expense of regional budgets and the budgets of cities of republican status, the capital within the limits approved by the Government of the Republic of Kazakhstan;
      4) provide maintenance, service and repair of business premises and transport vehicles, including the purchase of fuel and lubrication materials, as well as the costs of utility bills, electricity, heating and telecommunications services of territorial internal affairs bodies, with the exception of the costs of electronic mail services, video conferencing system communication and video monitoring situation center of apparatus of territorial bodies financed from the republican budget;
      5) ensure local police inspectors by premises, equipped by furniture, means of communication for work on the served fields as well as transport vehicles;
      6) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of local state administration;
      2. Local executive bodies of districts, cities of oblast significance shall:
      1) organize public security in the territory of the relevant administrative-territorial unit jointly with the internal affairs bodies;
      2) organize meeting (congregation) of local community for assigning local police inspectors, taking into account the views of population of the administrative portion in the territory of the relevant administrative-territorial unit jointly with the internal affairs bodies;
      3) form an advisory body on promoting the activities of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on the organization of social and other assistance to persons that served the criminal punishments;
      4) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of the local state administration;

Article 13. Interaction, cooperation and public control

      1. The internal affairs bodies shall carry out interaction with other state bodies, individuals and legal entities upon performance of objectives imposed on them.
      2. State bodies, individuals and the legal entities shall have the right to render assistance to the internal affairs bodies.
      Particular citizens may be involved in cooperation with the internal affairs bodies on a confidential basis in accordance with the Laws of the Republic of Kazakhstan upon their agreement. The forced cooperation shall be prohibited.
      3. Cooperation of the internal affairs bodies with the relevant state bodies of foreign states and international organizations shall be carried out in accordance with the international treaties ratified by the Republic of Kazakhstan.
      4. Interaction with civil institutions shall be carried out and social control system shall be applied in order to increase public confidence in the activities of the internal affairs bodies. For carrying out public control, the public monitoring commissions shall be formed in accordance with the legislation of the Republic of Kazakhstan, as well as community councils.

Chapter 5. LEGAL STATUS OF SERVANTS, MILITARY SERVANTS AND EMPLOYEES OF THE INTERNAL AFFAIRS BODIES

Article 14. Personnel of the internal affairs bodies

      Personnel of the internal affairs bodies shall be composed of servants, military servants and employees.

Article 15. Personnel training for the internal affairs bodies

      1. Training of personnel for the internal affairs bodies shall be carried out by the educational organizations of the Ministry of Internal Affairs and other educational organizations.
      2. Special initial training, professional retraining and raising of qualification of personnel of the internal affairs bodies shall be carried out in educational organizations of the Ministry of Internal Affairs, and other educational organizations and institutions.
      3. Servants, military servants and employees may obtain higher, postgraduate and additional professional education beyond the Republic of Kazakhstan.

Article 16. Legal regulation of labour of servants and employees of the internal affairs bodies

      1. Labour relations of servants of the internal affairs bodies shall be regulated by the Labour Code of the Republic of Kazakhstan with the special aspects provided by the Law of the Republic of Kazakhstan “On law enforcement service”.
      2. Labour relations of employees of the internal affairs bodies shall be regulated by the Labour Code of the Republic of Kazakhstan and the legislation of Republic of Kazakhstan on state service.

Article 17. Record of service in the internal affairs bodies

      1. Order and conditions of recording service in the internal affairs bodies shall be determined by the Law of the Republic of Kazakhstan "On law enforcement service".
      2. During the period of military or emergency situation, performance of the anti-terrorist operation, in conditions of armed conflict, upon liquidation of consequences of emergency situations, the involvement of a servant of the internal affairs bodies in fulfilling the obligations imposed on him (her) in isolation from the point of permanent disposition shall be allowed: change of duty time, imposition of additional obligations on him (her), detachment to another area, temporary transfer to another subdivision without change of the nature of service, as well as establishment of other special conditions and additional restrictions without the agreement of employee. Period of service of an employee of the internal affairs bodies in these cases shall be calculated at the rate of one day for three days and financial allowance shall be paid in a three-fold amount.

Article 18. Restrictions linked with the service in the internal affairs bodies

      Restrictions for employees of the internal affairs bodies conditioned by special aspects of law enforcement service shall be established by the Laws of the Republic of Kazakhstan.

Article 19. Powers of servants of the internal affairs bodies

      1. Servants of the internal affairs bodies throughout the territory of the Republic of Kazakhstan, regardless of held position, time in case of appeal to them with the application or report on criminal or administrative infraction or in the case of his (her) direct detection shall be obliged to take measures on suppression of unlawful acts, rendering assistance to those being in need, protection of the place of occurrence, as well as to inform the nearest internal affairs bodies.
      2. Head of structural subdivision on provision of the road safety of the Ministry of Internal Affairs is a chief state inspector on provision of the road safety by virtue of position.
      3. Actions of servants of the internal affairs bodies that restrict the rights of individuals on a temporary basis shall be accompanied by the words: "In the name of the Law." Each person in this case shall be obliged to terminate dynamic actions, obey the requirements of the servant of the internal affairs bodies unquestionably and to execute his (her) instructions linked with performance of official duties.
      4. Servants of the internal affairs bodies shall have the right to carry, keep and use special means, firearms and other weapon, to use physical force, including combat fighting techniques. Order for using special means, firearms and other weapon and physical force shall be determined by the Law of the Republic of Kazakhstan "On law enforcement service".
      5. Upon realization of powers of the internal affairs bodies servants shall:
      1) introduce themselves and present official identification upon applying to individuals;
      2) inform the grounds of detention to a person after the detention, explain that he (she) has the right not to incriminate himself (herself) and close relatives, the right to one phone call and defence counsel;
      3) inform close relatives about detention of the individual;
      4) respect for the rights and legal interests of individuals, not to apply torture, violence, cruel, inhuman treatment as well as those degrading dignity, intentional infliction of physical pain and mental suffering. Compulsion of testimony and guilty plea in commission of criminal or administrative infraction shall be prohibited.

Article 20. Uniforms of servants of the internal affairs bodies

      1. Servants of the internal affairs bodies shall be provided with uniforms on a gratuitous basis.
      2. Pecuniary compensation shall be paid instead of uniforms for servants of the internal affairs bodies serving in positions of subdivisions, the list of which is determined by the Ministry of Internal Affairs.
      3. Servants with seniority in the service in the internal affairs bodies of fifteen years and more, dismissed from the internal affairs bodies for retirement pension, health condition or personnel reduction, injured during performance of official duties and declared ineligible for service shall have the right to wear parade and dress uniform.

Chapter 6. SOCIAL WARRANTS OF SERVANTS OF THE INTERNAL AFFAIRS BODIES, THEIR FAMILY MEMBERS

Article 21. Social warrants of servants of the internal affairs bodies, their family members

      1. Special nature of service in the internal affairs bodies and responsibility of servants established by this Law shall be compensated by additional social rights and benefits.
      2. Upon transfer and promotion on service of a servant of the internal affairs bodies linked with movement from one inhabited locality to another over a distance more than fifty kilometers, the installation allowance in amount of two month financial allowance shall be paid to a servant himself (herself) and a half of month financial allowance to each family member that moved together with him (her).
      Upon transfer and promotion on service of a servant of the internal affairs bodies, he (she) shall be reimbursed for the transportation costs of up to ten tons of own property at the expense of the state, as well as for travel on rail, water, road transport, including family members that moved together with him (her).
      Procedure for payment of monetary allowance, benefits and other payments shall be established by the Ministry of Internal Affairs.
      The list of positions of servants of the internal affairs bodies having the right to installation allowance upon transfers and promotions on service, reimbursement for travel on transport and for the transportation of own property shall be determined by the Government of the Republic of Kazakhstan.
      3. Servants of the internal affairs bodies awarded by state award during the period of service in the internal affairs bodies - orders, amount of a lump sum benefit shall be increased by two substantive payments.
      4. Local representative and executive bodies shall have the right to establish additional guarantees of social protection of servants of the internal affairs bodies not provided by this Law.

Article 22. Housing rights of servants of the internal affairs bodies, their family members

      1. Servant of the internal affairs bodies and his (her) family members being in need of dwelling place shall be provided by the dwelling place for the period of service in the internal affairs bodies. Before provision of dwelling place, a servant of the internal affairs bodies that is in need of housing shall be paid by compensation for leasing (renting) dwelling place.
      Procedure for provision of dwelling place, compensation for leasing (renting) dwelling place, as well as categories of positions of servants of the internal affairs bodies having the right to compensation shall be determined by the Government of the Republic of Kazakhstan.
      2. Servants of the internal affairs bodies dismissed from service and having seniority of twenty years and more in a calendar calculation, except for servants dismissed by negative motives, as well as servants with seniority of ten years and more in a calendar calculation and maintaining dependent disabled children, shall have the right to privatize occupied dwelling place without compensation provided from the state housing fund.
      3. Family of a servant of the internal affairs bodies that lost a wage-earner may not be evicted from the occupied service dwelling or housing equated to the service dwelling, without provision of other dwelling.
      4. Family members of a servant of the internal affairs bodies that died (deceased) upon record of service in the internal affairs bodies shall have the right to privatize dwelling place without compensation provided from the housing fund, independently from the years of service of the died (deceased) servant.
      Note. In this chapter family members of a servant of the internal affairs bodies mean: wife (husband), joint or one spouse’s minor children (adopted children, dependents or those under trusteeship); children (adopted children, dependents or those under trusteeship) and children of a husband (wife) studying in educational organizations on a full-time at the age of up to twenty-three years; disabled children (adopted children, dependents or those under trusteeship) and disabled children of husband (wife) that became disabled before the age of eighteen; parents and parents of husband (wife) being dependents of the servant.
      In this chapter, the persons being dependents shall be recognized as family members of a servant of the internal affairs bodies, living at the expense of his (her) income and that do not have independent source of income.

Chapter 7. FINAL PROVISIONS

Article 23. Financial and material and technical provision of the internal affairs bodies

      Financial and material and technical provision of the internal affairs bodies shall be carried out at the expense of budget funds.

Article 24. Financial and material and technical provision of the military and investigation bodies

      Financial and material and technical provision of the military and investigation bodies shall be carried out at the expense of budget funds allocated to the Ministry of the Internal Affairs. Service premises and communication means shall be presented at the place of dislocation at the expense of the Armed Forces of the Republic of Kazakhstan.

Article 25. Order of enforcement of this Law

      1. This Law enters into force upon expiry of ten calendar days after the date of its first official publication.
      2. The Law of the Republic of Kazakhstan dated 21 December, 1995 “On internal affairs bodies of the Republic of Kazakhstan” shall be considered to have lost force (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Article 154; Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 7, Article 79; No. 12, Article 184; 1998, No. 17-18, Article 225; No. 23, Article 416; No. 24, Article 436; 1999, No.8 Article 233, 247; No. 23, Article 920; 2000, No. 3-4, Article 66; 2001, No. 13-14, Article 174; No. 17-18 Article 245; No. 20, Article 257; No. 23, Article 309; 2002., No. 17, Article 155; 2003, No. 12, Article 82; 2004, No. 23, Article 142; No. 24, Article 154, 155; 2006, No. 1, Article 5; No. 3, Article 22; 2007, No. 2, Article 18; No. 3, Article 20; No. 9, Article 67; No. 10, Article 69; 2008, No. 15-16, Article 61; 2009, No. 8, Article 44; No. 18, Article 84; No. 19, Article 88; 2010 No. 5, Article 23; No. 7, Article 28, 32; No. 8, Article 41; No. 24, Article 149; 2011, No. 1, Article 2, 3; No. 2 Article 25, No. 11, Article 102; No. 12, Article 111; 2012, No. 3, Article 26; No. 4, Article 32; No. 5, Article 35; No. 8, Article 64; No. 15, Article 97; 2013, No. 1, Article 2,3; No. 2, Article 8; No. 9, Article 51; No. 12, Article 57; No. 14, Article 75; No. 16, Article 83; No. 23-24, Article 116; The Law of the Republic of Kazakhstan dated 7 March, 2014 “On amendments and additions in several legislative acts of the Republic of Kazakhstan on issues of rehabilitation and bankruptcy, tax” published in the newspapers "Yegemen Kazakhstan" and " Kazakhstanskaya Pravda" 15 March, 2014).

      The President
      of the Republic of Kazakhstan               N. Nazarbayev