On operational investigations

Law of the Republic of Kazakhstan dated 15 September 1994

Unofficial translation

      Notes of Republican Centre of Legal Information (hereinafter – RCLI) in accordance with the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015)

      Footnote. Throughout the text after the words “Section” numbers “I-VII” are substituted with the numbers “1-7” in accordance with the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

      This Law shall determine content of operational investigations, carried out on the territory of the Republic of Kazakhstan, and shall establish a system of legal guarantees of legality upon its carrying out.

Section 1. General provisions

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used in this Law:
      1) survey of persons – collecting factual information of importance for the solution of tasks of operational investigations, according to the interviewee, that has or may have it.
      2) inquiries – obtaining factual information relevant to the solution of tasks of operational investigations, by sending an official request to an appropriate individual or legal entity who or that is likely to have information of interest;
      3) special operational investigations activity - operational investigations activity that directly affect legally protected privacy, secrecy of correspondence, telephone conversations, telegraph messages and postal parcels, as well as the right to inviolability of residence;
      Note of RCLI – Subparagraph 4) is 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).
      4) special equipment - devices, instruments, facilities, equipment, with specific functions, software and design features for gathering and documenting of information during carrying out operational investigations;
      5) observation - visual and other perception and fixation of phenomena, actions, events, processes which are significant for solving the tasks of the operational investigations;
      6) an operational search on communication networks - the tacit actions on detection of signs of illegal activity in information, transmitted via communications network;
      7) removing information from technical communication channels, computer systems and other technical means - secret removal of special technical means of information, transmitted via electric connections, computer networks, databases, telecommunications and information systems, intended for gathering, processing, accumulation, storage, retrieval and dissemination of information;
      8) controlled delivery –a way of getting information about the signs of criminal activity by establishing control over delivery, buying, selling, movement of objects, substances and products, a free implementation of which is prohibited or circulation of which is limited, as well as objects or instruments of criminal encroachment;
      9) search for and identification of the individuals by signs - a set of organizational and substantive and practical actions aimed at detection and identification of a searched person on individualizing his static, dynamic and genomic characteristics, as well as using verbal portrait and other ways with reasonable certainty, to identify a person;
      10) penetration - the tacit implementation of an employee of authority carrying out operational investigation, or cooperating with him confidential assistant in the environment of operational object of interest for solving tasks of the operational investigations.
      11) total operational investigation activity - a set of related unified tactical, strategic plan of actions of bodies that carry out operational investigations, aimed at solving tasks of this activity;
      12) case of operating account - a separate production, kept by body conducting operational investigations;
      13) operational entry - covert entry into residential and other premises, buildings, constructions, transport means on the territory with the purpose of their examination, as well as for solving other tasks of operational investigations;
      14) operational purchase - creating a situation of a fraudulent transaction, in which with the consent of an authority carrying out operational investigations, and under its control items are being acquired for a fee from a studying person without intent to consume or sell them with the purpose of obtaining information about possible criminal activity;
      15) operational investigations - a scientifically grounded system of overt and covert investigative, organizational and managerial activities, carried out in accordance with the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan, by bodies that carry out operational investigations activities, with the purpose of protection of lives, health, rights, freedom and legal interests of person and citizen, property, ensuring safety of society and state from criminal encroachment as well as from intelligence and subversive activities of special services of foreign states and international organizations;
      Note of RCLI. Article 1 is to be supplemented with subparagraph 15-1) in accordance with the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      16) detection, secret fixation and confiscation of traces of illegal acts, their preliminary research - identifying and removing from circulation or possession of a specific person of material objects, which preserved the traces of a crime or were being as an instrument of a crime or result of criminal activities and fixation in conditions provided for by the law of their characteristic signs and properties;
      17) confidential helpers – individuals that have reached eighteen years of age, eligible, who agreed to cooperate on a confidential basis (including by contract) with a body carrying out operational investigations, as well as previously collaborated with their own consent with a specified authority;
      18) control of postal-telegraph sending - obtaining information relevant to a case, by browsing and reading contents of letters, telegrams, radiograms, packets, parcels and other postal and telegraph items;
      Note of RCLI. Subparagraph 19) is 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).
      19) secret listening and recording of conversations - secret control of speech information of an inspectee, suspect, accused, with the use of video, audio or other special technical means and fixation of its content on a material carrier;
      20) getting information on telephone conversations made - secret seizure of information on incoming and outgoing calls of subscriber of telephone communication;
      Note of RCLI. Subparagraph 21) is 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).
      21) listening and recording of negotiations, conducted by phone and other negotiating devices - a secret control of speech information of an inspectee, a suspect, an accused or a third person if there is information that an inspecteeperson, s suspect, an accused person use phone or other negotiation devices of third person, or there is information that a third party gets the information for an inspectee, a suspect, an accused or from an inspectee, a suspect, an accused for transmission to other parties using the phone and other negotiation devices, and fixation of its content on a material carrier;
      22) receipt of sample - withdrawal and fixation of material information carriers, displaying the properties of a living person, corpse, animal substances, of a subject of importance for solving of tasks of operational investigations;
      Note of RCLI. Subparagraph 23) is 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).
      23) staff secret employee - an employee of an authority, carrying out operational investigations, the duties of which include carrying out of operational investigations in a clandestine manner;
      24) investigation - the system of organizational, procedural, and operational investigative measures aimed at establishing the whereabouts of persons that are in hiding from investigation, inquiry or court, evading from criminal responsibility, the missing and other persons in cases provided for by law, as well as lost documents and articles, containing information constituting state secrets.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

Article 2. Tasks of operational investigations

      Tasks of operational investigations shall be:
      - protection of life, health, rights, freedoms, and legal interests of a person and citizen, property from illegal encroachments;
      - assistance in ensuring security of the state and society and strengthening of its economic potential and capability;
      Note of RCLI. Fourth paragraph is 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).
      - detection, prevention, suppression and disclosing of crimes;
      - implementation of measures over search for persons from bodies of inquest, investigation and court evading criminal responsibility, missing persons and other persons in cases provided for by law, as well as identification of discovered unidentified corpses;
      - detection, prevention and suppression of intelligence and subversive activities of special services of foreign states and international organizations;
      - ensuring security of the President of the Republic of Kazakhstan and other protected persons;
      - protection of the state border;
      - protection of information constituting state secrets or other secrets protected by law; assistance to organizations in protection of commercial secrets;
      - maintenance of the regime provided for by the penal legislation, in places of deprivation of liberty;
      - ensuring security of bodies that carry out operational investigation activities.
      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated17.07.2009 No. 187-IV.

Article 3. Principles of operational investigations

      Operational investigations shall be carried out in accordance with the principles of legality, observance of human rights and freedoms, respect for human dignity, equality of citizens before the law, on the basis of conspiracy, combination of open and secret methods, professional ethics.

Article 4. Legal basis of operational investigations

      1. legal basis of operational investigations shall consist of the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
      1-1. If an international treaty ratified by the Republic of Kazakhstan establishes different rules than those contained in this Law, the rules of an indicated treaty shall be applied.
      2. Bodies that carry out operational investigations in consultation with the Prosecutor-General of the Republic, shall issue, within their competence on the basis of this Law, regulatory legal acts regulating the organization and tactics of carrying out of operational investigations.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 09.08.2002 No. 346; dated 17.07.2009 No. 187-IV.

Article 5. Observance of rights and freedoms of individuals upon implementation of operational investigations

      1. Carrying out operational investigations, as well as using obtained information during conduction to achieve the goals and objectives, not provided for by this Law shall be prohibited.
      2. Actions of a body conducting operational investigation activity can be appealed against in a higher body or to a public prosecutor's office or in a court.
      3. A person, whose guilt in the preparation or commission of a crime has not been proved in accordance with the procedure provided for by law, shall be entitled to request from an authority, carrying out operational investigation activity the information, that served as the basis for verification and nature of available information within precluding disclosure of state or other secrets protected by law.
      In case of recognizing as groundless decision of a body conducting operational investigation activity, on refusal in granting of the necessary information to an applicant, a court by its reasoned decision, and Public Prosecutor by its prescription can oblige an authority to grant to an applicant the information specified in paragraph 3 of this Article.
      4. With the purpose of ensuring the completeness and comprehensiveness of a complaint on demand of a prosecutor or a judge all official documents except for the information about an identity of confidential assistants and staff secret employees shall be given.
      5. Obtained in the result of operational investigation activity information concerning private life, honour and dignity, if they do not contain information concerning commitment of a prohibited by the law of action, shall not be subjected to storage and shall be destroyed.
      Note of RCLI.
      Second part of paragraph 5 is 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).
      Obtained in the result of operational investigative measures materials in respect of persons, whose guilt in committing a crime has not been proved in accordance with the procedure provided for by law, as well as those against whom a criminal case has not been brought before a court, shall be maintained for one year from the date of termination of a relevant case of operative account, and then shall be destroyed. Phonograms and other materials, obtained as a result from the interception of telephone and other talks persons against that has not been brought a case before a court, shall be destroyed within six months from the date of termination of a relevant case of operative accounting, and shall be issued a report. For the three months prior to the day of destruction of materials, reflecting results of operational investigation activities undertaken on the basis of a prosecutor's sanction, shall be notified a relevant prosecutor.
      Procedure and terms of storage and destruction of results of operational investigation activities, obtained in a process of intelligence and counterintelligence activities, as well as in the field of combating international terrorism, shall be established by departmental regulations.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2).

Section 2. Bodies, carrying out operational investigations, their responsibilities and rights

Article 6. Bodies, carrying out operational investigations

      1. On the territory of the Republic of Kazakhstan operational investigations shall be carried out by:
      1) bodies of internal affairs;
      2) national security agencies;
      3) an authorized body in the field of foreign intelligence services;
      4) bodies of military intelligence of the Ministry of defence;
      5) financial police bodies;
      6) State protection service of the Republic of Kazakhstan;
      7) customs authorities.
      2. List of bodies, carrying out operational investigation activity, can be amended or supplemented only by the Law.
      Footnote. Article 6 is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-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 upon expiry of ten calendar days after its first official publication).

Article 7. Responsibilities of bodies, carrying out operational investigations

      Upon carrying out the tasks defined by this Law authorized bodies of operational investigations shall be obliged to:
      a) adopt, in accordance with their competence necessary measures for the protection of legally protected rights, freedoms and interests of individuals and legal entities, property, the security of the society state and strengthening its economic and defence potential;
      b) ensure the identification, prevention, suppression and disclosing of crimes through the implementation of operational investigative measures, fixation of their results for use in a criminal process, execute written instructions of an investigator on carrying out operational investigation activities in investigated by him criminal cases;
      b-1) fulfill written instructions of prosecutor, the data during implementation of supervision over the legality of operational investigation activity;
      b-2) execute judicial acts on search of a hidden defendant in a criminal and a defendant in civil cases, the debtor's in executive proceedings;
      c) timely inform public authorities and administration in the Republic of Kazakhstan on the known facts and evidence about the threat to the security of society and the state;
      d) carry out on the basis of contracts (agreements) on legal assistance requests of relevant international law enforcement organizations and law enforcement agencies of foreign states;
      e) take necessary measures to ensure secrecy upon carrying out operational investigations, as well as upon sending materials showing results of operational investigation actions for use in a criminal process and prevent the declassification of sources of information.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 16.03.2001 No. 163; dated 17.07.2009 No. 187-IV.

Article 8. Rights of bodies, carrying out operational investigations

      Upon carrying out operational investigations bodies authorized to it shall be entitled to:
      1) perform publicly and privately the operational investigation measures listed in article 11 of this Law, within its competence;
      2) create and use operational accounts and information system for solving problems of operational investigation activity;
      3) use during operational investigative measures by written or verbal contract residential and non-residential premises, vehicles, and other property of individuals and legal entities, military units with compensation of damage to owners if its damaged, as well as costs at the expence of bodies carrying out operational investigation activity;
      4) with the purpose of creating a conspiratorial organizations to use documents encoding workers, departmental belonging subdivisions, organizations, premises and means of transportation of the bodies that carry out operational investigative activities, as well as the identity of confidential assistants;
      5) use the help of officials and specialists having necessary scientific, technical, or other specialized knowledge;
      6) receive free of charge and to use relevant for the solution of the tasks of operational investigative activity information from other organizations in compliance with the legislative acts of the Republic of Kazakhstan requirements to the disclosure of information, constituting commercial, banking and other secrets protected by law;
      7) involve in coordination with other bodies having the right to carry out operational investigation activities on the territory of the Republic of Kazakhstan, the forces and facilities of these bodies for implementation of special events;
      8) seamlessly enter at any time of the day to the territory and premises of organizations, and to the territory of military units and other security objects - in consultation with their supervisors only for the purpose of carrying out the operational investigative measures, provided for by article 11 of this Law;
      9) transfer materials, reflecting results of operational investigative measures in accordance with the procedure provided for by article 130 of Criminal procedure code of the Republic of Kazakhstan.
      Footnote. Article 8 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; as amended by the Law of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Responsibilities of officials, carrying out operational investigations

      1. Employees that have committed illegal actions upon carrying out of operational investigation actions shall bear responsibility in accordance with the laws of the Republic of Kazakhstan.
      2. The damages caused by the actions of authorities carrying out operational investigation activity shall be reimbursed by them in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV.

Section 3. Carrying out of operational investigations measures

Article 10. Bases for carrying out operational investigative measures

      1. The bases for execution of operational investigativemeasures shall be:
      a) criminal case;
      b) received by the bodies that carry out operational investigative activities, information on:
      - being prepared, being committed or committed offence;
      - persons hiding from the bodies of inquiry, investigation and court or deviating from criminal punishment;
      - unknown absence of citizens and the discovery of unidentified corpses;
      - intelligence and subversive actions of special services of foreign states and international organizations;
      c) written orders of an investigator on criminal cases being investigated by;
      c-1) resolution of the Prosecutor-General of the Republic of Kazakhstan and his deputies, prosecutors of regions and equivalent prosecutors, as well as written instructions of a prosecutor, given during the execution of supervision over the legality of operational investigation activity;
      c-2) judicial acts on search of a defendant in the criminal and a defendant in civil cases, a debtor in executive proceedings;
      d) requests of international law enforcement organizations and law enforcement agencies of foreign states in accordance with a contract (agreements) on legal assistance;
      e) the need to obtain intelligence and counterintelligence information in the interests of the state and society and the strengthening of its economic and defense potential.
      2. The bodies that carry out operational investigation activities, within its competence on its own initiative or the initiative of other state bodies shall be entitled to collect the data, characterizing the personality, necessary for decision making on:
      - the employment or service in bodies carrying out operational investigation activity;
      - on admittance of legal entities and individuals to work for the protection and maintenance of strategic and protected objects, as well as onto the environment of protected persons. List of strategic and protected objects, as well as of protected persons shall be determined by the legislation of the Republic of Kazakhstan;
      - on issues of ensuring the security of the bodies, carrying out operational investigation activity;
      - on access to the information constituting a state secret, or to the works connected with exploitation of the objects and facilities of high disaster or environmental hazards, the list of which shall be determined by the Government of the Republic of Kazakhstan;
      - on admission to participation in operational investigation activities or access to materials obtained as a result of its implementation;
      - on granting a license to engage in security activities.
      3. Specified grounds shall be exhaustive and can be amended or modified only by the law.
      Footnote. Article 10 as amended by the decree of the President that have the force of the Law dated 25.12.1995 No. 2725; by the Laws of the Republic of Kazakhstan dated 15.07.1996 No. 31; dated 16.03.2001 No. 163; dated 16.07.2001 No. 244 (shall be enforced from 01.01.2002); dated 10.07.2002 No. 338; dated 09.08.2002 No. 346; dated 09.07.2004 No. 592; dated 12.01.2007 No. 222 (shall be enforced upon expiry of six months after its first official publication); dated 17.07.2009 No. 187-IV; dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2).

Article 11. Operational investigation measures

      1. Operational investigation measures shall be divided into general and special.
      2. General operational investigative activities shall be:
      1) questioning of persons;
      2) establishment of public and private relations with citizens, using them in operational investigative activity;
      3) penetration;
      4) application of a model of conduct imitating a criminal activity;
      5) establishment of secret enterprises and organizations;
      6) controlled delivery;
      7) use of technical means for getting information that does not affect legally protected inviolability of private life, dwelling, personal and family secrets and confidentiality of personal deposits and savings, correspondence, telephone conversations, mail, telegraph and other messages;
      8) inquiries;
      9) receipt of samples;
      10) operational purchase;
      11) use of sniffer dogs;
      12) search for and identification of the individual signs;
      13) a search of devices illegal withdrawal of information;
      14) discovery, secret fixation and confiscation of traces of illegal acts, their preliminary study;
      15) prosecution of individual preparing, committing or that has committed a crime and his detention;
      Note by RCLI!
      Subparagraph 16) is 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).
      16) carrying out with the presence of witnesses personal examination of detained persons, inspection and confiscation of things and documents that are with them and that can be related to criminal activity, as well as inspection of premises, workers and other places, searches of vehicles.
      During execution of an anti-terrorist operation a personal examination and inspection of belongings of individuals, examination of vehicles, including with application of technical means can be performed without witnesses;
      17) carrying out operations to capture armed criminals;
      18) monitoring.
      Note of RCLI!
      Paragraph 2 is to be supplemented with second part in accordance with the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      3. Special operational investigative activities shall be:
      1) control of postal-telegraph sending;
      2) an operational search on communication networks;
      3) covert tapping and recording of conversations with the use of video, audio or other special technical means, listening to and recording of the negotiations, conducted by phones and other negotiation devices, as well as obtaining information about the production of telephone negotiations;
      4) information retrieval from technical communication channels, computer systems and other technical means;
      5) operational penetration.
      Note by RCLI!
      Paragraph 3 is to be supplemented with second part in accordance with the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      Note by RCLI!
      Article 11 is to be supplemented with paragraph 4 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

Article 12. Conditions of carrying out operational investigative measures

      1. Citizenship, gender, nationality, place of residence, social, official and property status, belonging to public associations, religion and political convictions of citizens shall not be an obstacle for carrying out in relation to them of operational investigation measures on the territory of the Republic of Kazakhstan, unless otherwise stipulated by the law.
      2. General and special operational investigative activities shall be carries out by all bodies that are entitled to carry out operational investigative activities, in accordance with the tasks assigned to them.
      Bodies, carrying out operational investigative activity, shall be entitled to carry out operational investigative measures in the facilities of criminal-executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan in cooperation with authorized bodies of criminally-executive system or by its territorial subdivisions.
      Operational investigative measures on objects of operational ensuring of State security Service of the Republic of Kazakhstan and in the zone of execution of protective measures shall be carried out in coordination with the State security Service of the Republic of Kazakhstan.
      3. List of services, departments and categories of employees who are authorized to carry out operational investigative activities, shall be determined by the heads of the bodies that carry out operational investigative activities.
      Note of RCLI!
      Paragraph 4 is 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).
      4. Special operational investigative activities shall be carried out exceptionally with the sanction of a Prosecutor:
      1) in criminal cases on offences specified in the first part of article 237 of the Criminal procedure code of the Republic of Kazakhstan against the suspect, accused or a third person, if there is evidence that a suspect, an accused uses a phone or other communication device of a third person, or if there is information that a third party gets the information for a suspect, an accused or from a suspect, an accused for transmission to other parties;
      2) to carry out measures to trace the persons, hiding from the investigation, inquiry, court and evading criminal responsibility for the crimes specified in the first part of Article 237 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as missing persons.
      With the aim to identify, prevent, combat and disclosure of grave and especially grave crimes, as well as crimes, prepared and committed by an organized group, a criminal association (criminal organization), transnational organized group, transnational criminal community (the transnational criminal organization) or a stable armed group (gang), special operational investigative measures shall be carried out with the sanction of a prosecutor in respect of an inspected entities involved in crimes of specified category.
      Sanction to carry out such measures, by decision of the bodies that carry out operational investigative activities is given by the General Prosecutor of the Republic of Kazakhstan and his deputies, the Chief military Prosecutor, prosecutors of oblasts and equivalent to them prosecutors.
      Special operational investigative measures, connected with the use of communication network for the interests of solution of tasks by all bodies, listed in article 6 of this Law, technically shall be implemented by bodies of national security of the Republic of Kazakhstan, for that they are allocated the necessary forces and means.
      In the interests of ensuring military security of the Republic of Kazakhstan and the security of protected persons, bodies of military intelligence of the Ministry of defense of the Republic of Kazakhstan and the State security Service of the Republic of Kazakhstan shall be entitled to implement special operational investigative measures with use of telecommunications networks, excluding connection to the stationary equipment of individuals and legal entities, offering services and means of communication on the territory of the Republic of Kazakhstan.
      In order to obtain intelligence information, ensuring the military security of the Republic of Kazakhstan and the security of protected persons the authorized body in the field of foreign intelligence, the military intelligence service of the Ministry of defence of the Republic of Kazakhstan and the state guard service of the Republic of Kazakhstan shall be entitled to carry out special investigative measures using telecommunication networks, excluding the connection of stationary equipment and communication lines of individuals and legal entities, which provide services and communication on the territory of the Republic of Kazakhstan.
      5. Exceptionally for obtaining intelligence and counterintelligence information in order to ensure security of the Republic of Kazakhstan, detection, prevention and suppression of intelligence and subversive attacks of special services of foreign states, foreign organizations and individuals, as well as terrorism and extremism, special operational investigative measures can be carried on in accordance with the procedure agreed with the General Prosecutor of the Republic of Kazakhstan.
      6. In cases of a threat to the life, health, property of particular individuals on their request or with their written consent shall be allowed to listen to and record conversations, negotiations, made on their phones or other negotiation devices on the basis of a resolution approved by the head of a body, carrying out operational investigative activity, with obligatory notification of a prosecutor within twenty-four hours from the moment of taking a resolution.
      Note of RCLI!
      Paragraph 7 is 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).
      In cases of urgency and that can lead to the commitment of a grave and especially grave crimes, and crimes, prepared and committed by an organized group, a criminal association (criminal organization), transnational organized group, transnational criminal community (the transnational criminal organization) or a stable armed group (gang), on the basis of a reasoned decision of one of the leaders of the respective body, carrying out operational investigative activity, shall be allowed to conduct a special investigation activities with the notification of a prosecutor and the subsequent receipt of sanctions within twenty-four hours after the taking a resolution.
      This provision shall not apply upon conducting of a special operational investigation activities against judges.
      Special operational investigative measures against a judge can be carried out only with a sanction of a prosecutor.
      8. Upon receipt of a sanction to carry out special operational investigation activities, a prosecutor shall be submitted with materials: base for their conduct, in the form and content of excluding the possibility of decoding information about the identity of confidential assistants and staff unspoken employees.
      the results of special operational investigative measures shall be notified to a prosecutor, who had sanctioned its execution.
      9. Organisation and tactics of carrying out covert operational investigative measures can compose official, military or state secrets in accordance with the List of information, subjected to classification, approved by the Government of the Republic of Kazakhstan on the basis of the Law of the Republic of Kazakhstan "On state secrets".
      Footnote. Article 12 as amended by the decree of the President that have the force of the Law dated 25.12.1995 No. 2725; by the Laws of the Republic of Kazakhstan dated 15.07.1996 No. 31; dated 16.03.2001 No. 163; dated 16.07.2001 No. 244 (shall be enforced from 01.01.2002); dated 19.02.2002 No. 295; dated 10.07.2002 No. 338; dated 09.08.2002 No. 34; dated 09.07.2004 No. 592; dated 29.12.2004 No. 25; dated 08.07.2005 No. 67 (the order of the entry into force see article 2); dated 17.07.2009 No. 187-IV; dated 17.12.2009 No. 221-IV (the order of the entry into force see article 2); dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2); dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 63-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 (the order of enforcement see Article 2).

Article 13. Assistance to the bodies, carrying out operational investigative activities

      1. Officials and other employees of state bodies, organizations, military units, formations and public associations of the Republic of Kazakhstan shall be obliged to provide assistance to the bodies, carrying out operational investigative activity, with the decision of tasks provided for in article 2 of this Law, and shall not be entitled to prevent those bodies to carry out operational investigative activities within their competence.
      2. Individual citizens can, with their consent, be involved in the preparation and carrying out of operational investigative measures (including by contract) with preservation upon their will of privacy of cooperation with the bodies, carrying out operational investigative activity. These persons shall be obliged to keep confidential information that becomes known to them in the course of preparation or conduct of operational investigative measures, and not to provide false information to those bodies. For the disclosure of such information and submission of false information they shall bear responsibility established by the law of the Republic of Kazakhstan.
      3. The bodies, carrying out operational investigative activity, can conclude agreements on cooperation with eligible adults regardless of their citizenship, nationality, sex, social, official and property status, education, membership of public associations, political and religious beliefs. Form of contract, terms and dates of validity shall be determined by departmental regulatory acts.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

Article 14. Use of materials of operational investigative activities

      Note of RCLI!
      First part of paragraph 1 is 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).

      1. Materials obtained in the course of operational investigative activity, can be used for preparation and carrying out investigative actions and operational investigative measures on prevention, suppression and detection of crimes, as well as in the process of proof in criminal cases upon conditions of their inspection in accordance with the provisions of the criminal procedure legislation of the Republic of Kazakhstan, regulating gathering, inspection and evaluation of proves.
      Materials of operational investigative activity can be used when carrying out other tasks provided for by article 2 of this Law, after checking them out in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan, except for results obtained during intelligence and counter-intelligence activity for which the order of their use shall be established by departmental regulatory acts.
      2. Materials obtained as a result of carrying out operational investigative measures, before their transformation into the form provided for in the criminal procedure legislation of the Republic of Kazakhstan, or in the absence of opportunities to enter them in criminal proceedings shall not constitute grounds for limiting rights, freedoms and legitimate interests of individuals and legal entities.
      3. Information on the organization of operational investigative activities, about the specific operational investigative measures, sources and methods of obtaining of information constituting a state or other secret protected by the law, except for the cases stipulated by the legislation of the Republic of Kazakhstan, as well as information affecting private life, honor and dignity of a person and citizen shall not be subjected to disclosure.
      4. For disclosure of information on operational investigative activity of the persons to whom such information known as a result of carrying out professional duties, shall be liable under the laws of the Republic of Kazakhstan.
      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2); dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2).

Article 14-1. Information support and documenting of operational investigation activity

      1. To solve tasks provided for by this Law, the bodies that carry out operational investigative activities, can create and use operational records and information systems, as well as to proceed with a case of operational records.
      2. The accumulation of information in the operational records and information systems, as well as the file a case of operational account shall be carried out in the presence of the bases provided for by paragraph 1 of article 10 of this Law, for the purposes of collection and systematization of information, inspection and evaluation of the results of operational investigative activity, as well as taking at that base of relevant decisions by the authorities carrying out operational investigative activities.
      3. The procedure of formation and use of operational records and information systems, as well as conducting the affairs of the operative account shall be determined by regulatory legal acts of the bodies that carry out operational investigative activities.
      Footnote. Section 3 is supplemented with the article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV.

Article 15. Limits in operational investigative activity

      Upon exercising operational investigative activities shall be prohibited:
      - to take actions that create a real threat to the life, health and property of citizens, unless absolutely necessary, and necessary defence;
      - to take action in the interests of any political party, as well as public and religious associations;
      - convince and to inciting citizens to commit offences;
      - the use of violence, threats, blackmail or other illegal actions, limiting the rights, freedoms and legitimate interests of citizens and officials;
      - to falsify operational investigative materials, as well as the use of unreliable or false information;
      - to disclose information that affect the inviolability of private life, personal and family secrets, the honor and dignity of a person and citizen, and that became known during carrying out of operational investigative measures, without the consent of citizens, except for cases provided for by law.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 17.12.2009 No. 221-IV (the order of the entry into force see article 2).

Article 16. Bases for termination of operational investigative measures

      Operational investigative measures shall be terminated:
      - upon performing the tasks for that their conduct has been provided;
      - in case of establishment of facts, testifying to the objective impossibility of solving tasks;
      - exposure of circumstances, excluding the involvement of the tested entity to liability on the grounds provided for by the legislation of the Republic of Kazakhstan;
      by resolution of a higher body, carrying out operational investigative activity, a prosecutor or a court decision in case of detecting violations of the law, the rights of person and citizen in the implementation of operational investigative activity.
      Operational investigative measures shall be carried out, shall be suspended and terminated within the period provided for by the regulatory acts of the bodies that carry out operational investigative activities, consistent with the General Prosecutor of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV.

Section 4. Interaction of bodies, carrying out operational investigative activity

Article 17. Interaction of bodies of the Republic of Kazakhstan, carrying out operational investigative activities

      Bodies of the Republic of Kazakhstan, carrying out operational investigative activities shall:
      - solve their tasks independently and in cooperation among themselves, using the opportunities of the state, public and other organizations, and also assistance of citizens;
      - provide for the mutual informing about the known facts of criminal acts related to the competence of these bodies, and render mutual assistance needed.

Article 18. Interaction with bodies of other states

      1. Authorities of other states that have been given the right of implementation of operational investigative activities shall interact and conduct operational investigations on the territory of the Republic of Kazakhstan within the limits and procedure provided for by this Law and relevant treaties and agreements.
      2. Authorities of the Republic of Kazakhstan, carrying out operational investigative activity, shall interact and conduct operational investigative measures on the territories of other states within the limits and procedure provided for by this Law as well as the legislation of those countries on the basis of relevant contracts and agreements.

Article 19. Interaction of bodies, carrying out operational investigative activity with international law enforcement organizations

      Interaction of the bodies that carry out operational investigative activities with international law enforcement organizations shall be carried out in accordance with contracts (agreements) on legal assistance and within the norms provided for by this Law.

Section 5. Financial and material-technical support of the operational investigative activity

Article 20. Financial support of the operational investigative activity

      Financing of operational investigative activity shall be carried out at the expense of budget funds, allocated for the maintenance of the bodies that carry out operational investigative activities, both in national and in foreign currency.
      Footnote. The words “by Cabinet of Ministers” are substituted with the words “by Government” in accordance with the Law of the Republic of Kazakhstan dated 15.07.1996 No. 31 "On amendments and additions to some legislative acts of the Republic of Kazakhstan". As amended by the Law of the Republic of Kazakhstan dated 22.12.1998 No. 327 (shall be enforced from 01.01.1999); dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Article 21. Material-technical support of the operational investigative activity

      Material-technical support of the operational investigative activity shall be carried out at the expense of budget funds.
      Footnote. The words “by Cabinet of Ministers” are substituted with the words “by Government” in accordance with the Law of the Republic of Kazakhstan dated 15.07.1996 No. 31 "On amendments and additions to some legislative acts of the Republic of Kazakhstan". Third and fourth paragraphs are excluded by the Law of the Republic of Kazakhstan dated 22.12.1998 No. 327 (shall be enforced from 01.01.1999). Is in the new wording of the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Section 6. Social and legal protection of the subjects of operational investigative activity

Article 22. Social and legal protection of the employees of bodies, carrying out operational investigative activity

      1. Employees of bodies, carrying out operational investigative activity upon performance of official duties shall be representatives of the authorities and shall be under state protection. They shall have the guarantees of legal and social protection of employees of ministries and departments in the states to that they belong. Taking into account the specifics of the employees of the bodies that carry out operational investigative activities, can be granted additional privileges.
      2. In their official activities employees of bodies that carry out operational investigative activities, shall be guided by requirements of law and are shall not be bound by the decisions of political parties and mass public movements pursuing political goals.
      3. No one, except those expressly authorized by law, shall not be entitled to interfere with lawful deeds of employees and of the bodies that carry out operational investigative activities. Upon receiving orders or instructions, contradicting to the legislation, they shall be obliged to follow the law.
      4. The heads of the bodies that carry out operational investigative activities shall be obliged to ensure personal safety, safety of property of its employees, their family members and close relatives.
      5. In order to properly perform their official duties employees of the bodies that carry out operational investigative activities, shall be created conditions required for obtaining specific professional training, advanced training and medical care.
      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

Article 23. Social and legal protection of confidential assistants

      Footnote. The title of the Article 23 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV.

      1. Confidential assistants shall be under state protection.
      2. Citizens, willing to contribute to the bodies that carry out operational investigative activities, the state shall guarantee for ensuring their rights and obligations in accordance with this Law, other laws and regulatory acts of the Republic of Kazakhstan.
      3. In the case of real threat of illegal encroachment on the life, health or property of citizens in connection with their assistance to bodies that carry out operational investigative activities, as well as their family members and close relatives, these bodies shall be obliged to take all necessary measures to prevent unlawful acts, identifying perpetrators and bringing them to justice, as well as on carrying out, if necessary, special measures for their protection in accordance with the laws of the Republic of Kazakhstan.
      4. Information about the identity of confidential assistants shall be state secrets.
      5. Confidential assistants shall be entitled to receive remuneration.
      6. The period of cooperation of citizens under the contract on paid basis as the main occupation with the bodies that carry out operational investigative activities, shall be included in their total seniority. They shall be entitled to pension provision in case of loss of their families and dependants on retirement survivor's pension in accordance with the legislation and in accordance with the procedure provided for by the Government of the Republic of Kazakhstan.
      7. In case of loss of confidential assistant in connection with his participation in the carrying out of operational investigative actions the family of the deceased and his dependants shall be paid one-time allowance:
      - in the amount of ten-years financial support of the deceased, collaborated on a paid basis;
      - in the amount of ten annual sum of the minimum wage, collaborated on a grant basis.
      8. Upon receiving by confidential assistant of injury or other harm to health, received in connection with his participation in the carrying out of operational investigative actions, he shall be paid a lump-sum benefit:
      - in the amount of five-year allowance for collaborating on a paid basis;
      - in the amount of five-years annual minimum wage for collaborating on a grant basis.
      9. Compensation of damage caused by death, mutilation or other damage of health connected with participation in the carrying out of operational investigative measures shall be made from the funds of the bodies that carry out operational investigative activities, in accordance with the procedure provided for by the Government of the Republic of Kazakhstan.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 15.07.1996 No. 31; dated 07.04.2009 No. 149-IV; dated 17.07.2009 No. 187-IV; dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

Section 7. Control and supervision over operational investigative activities

Article 24. Departmental control

      The heads of the bodies that carry out operational investigative activities, shall ensure control over compliance with the legality, organization, tactics, methods and means, as well as measures to ensure the secrecy and confidentiality of this activity.
      Senior departmental authorities shall provide control over the operational investigative activities of their subordinate bodies.
      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV.

Article 25. Supervision over operational investigative activities

      1. Supervision over the observance of legality upon implementation of operational investigation activities shall carry out the General Prosecutor of the Republic of Kazakhstan and the subordinate prosecutors.
      2. Upon execution of supervision over operational investigative activities a prosecutor shall:
      1) get the case of operational account, papers, documents and other necessary information about the course of operational investigative activities, except for information about the identity of confidential assistants and staff unspoken employees;
      2) carry out inspection of legality of the implementation of special operational investigative measures, including the communications network;
      3) terminate by his resolution operational investigative measures in case of detecting violations of the law, the rights of person and citizen upon implementation of operational investigative activity;
      4) consider complaints and appeals on the actions and decisions of officials of the bodies that carry out operational investigative activities;
      5) protest contradicting to the Constitution, laws and acts of the President of the Republic regulatory legal acts, regulating the organization and tactics of carrying out the operational investigative measures, issued by the bodies carrying out operational investigative activity;
      Note of RCLI!
      Subparagraph 6) is 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).
      6) make in relation of employees that acted illegally upon execution of operational investigative measures, resolution on instituting criminal proceedings, disciplinary proceedings;
      7) decide other acts of public prosecutions on the revealed facts of violations in the course of supervision over the legality of the operational investigative activity;
      8) through a motivated resolution exempt illegally detained persons or cancel the illegal decision on the detention of persons;
      9) upon necessity demand from the heads of the bodies that carry out operational investigative activities, conduct inspections in subordinate bodies with the purpose of elimination infringements of law;
      10) in the cases established by the law of the Republic of Kazakhstan, give sanction to carry out operational investigative actions.
      3. The Prosecutor General within its competence, shall adopt regulatory legal acts on questions of application of norms of the legislation of the Republic of Kazakhstan on operational investigative activity, obligatory for execution by bodies, carrying out operational investigative activity.
      4. In order to identify violations of the law by bodies that carry out operational investigative activities, a prosecutor shall be entitled to involve specialists of prosecutor's offices and other specialists with the use of special technical means.
      Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 09.08.2002 No. 346; as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; dated 07.12.2009 No. 221-IV (the order of the entry into force see article 2).

      The President
      of the Republic of Kazakhstan