Law on the Organs of Internal Affairs (1995, amended 1998)

EDICT No. 2707 OF 21st DECEMBER, 1995 OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN HAVING THE FORCE OF A LAW

CONCERNING THE BODIES OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

 as amended by
 (1)  Law No. 283 of 10th July 1998 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan (Article 10, 11).

 In accordance with Article 1 of the Law of 10th December, 1993 of the Republic of Kazakhstan «Concerning Temporary Delegation of Additional Powers of the President of the Republic of Kazakhstan and the Heads of the Administration» and paragraph 4 of Article 92 of the Constitution of the Republic of Kazakhstan and for the purposes of identifying the status, powers and organisations of activities of the Bodies of Internal Affairs of the Republic of Kazakhstan, I issue this Edict.

Chapter I
General Provisions

 Article 1. The Status of Internal Affairs Bodies of the Republic of  Kazakhstan

 The bodies of internal affairs of the Republic of Kazakhstan (henceforth Internal Affairs bodies) shall carry out executive and managerial functions relating to the protection of the public order and providing for republic security, prevention and liquidation of criminal and any other unlawful infringements on the rights and freedom of individuals and citizens, interests of the public and the state.

 Article 2. The Objectives of Internal Affairs Bodies

 1.  The following shall be the objectives of Internal Affairs bodies:
 1)  protection of public order and providing for public security including other conditions of emergence situations and marshal law;
 2)  prevention of crime and administrative violations, their identification and prevention;
 3)  performance of inquiry and administrative proceedings within the bounds of their authorities established by legislation;
 4)  execution of criminal punishments and administrative penalties;
 5)  providing for law and order maintenance of the regime for the maintenance of convicted in the institutions of criminal and correctional system in places where  in the institutions of criminal and correctional system in places where administratively arrested are maintained;
 6)  identification and prevention of delinquency of minors;
 7)  providing for supervision of the fire safety and distinguishing of fires;
 8)  supervision of compliance in providing for safety of road traffic within the bounds of their authority;
 9)  protection of state facilities and any other facilities of physical persons, accompanying the arrested and convicted;
 10)  performance of passport and visa work, supervision of compliance by foreign citizens and stateless persons with the rules of the sojourn on the territory of the Republic of Kazakhstan;
 11)  performance of individual tasks in the system of territorial defence of the Republic of Kazakhstan in the military during war time;
 12)  performance of international collaboration with regard to issues included into the jurisdiction of internal affairs bodies.
 2.  Other assignments may be entrusted to the internal affairs bodies only by law.

 Article 3. The Principles of Activities of Internal Affairs Bodies

 Activities of internal affairs bodies shall be built on the principles of legality, one man, leadership, unity of the system of internal affairs bodies, publicity, interaction with law enforcement and state other affairs bodies, official persons, organisations and citizens.

 Article 4. The System of Internal Affairs Bodies

 The single system of internal affairs bodies shall be formed by the Ministry of Internal Affairs of the Republic of Kazakhstan (henceforth - the Ministry of Internal Affairs) and the departments of internal affairs of provinces, cities of the republics significance, the capital city of the Republic and in the transport, municipal, district in towns, village, line bodies of internal affairs, penal and correction institutions, subdivisions of fire protection, internal troops, educational establishments, institutions and other organisations.

 Article 5. The Ministry of Internal Affairs

 1.  The Ministry of Internal Affairs shall be the central executive body of the Republic of Kazakhstan heading the single system of the bodies of internal affairs.
 2.  Model organisational structure and maximum personnel of employees of the central apparatus of the Ministry of Internal Affairs shall be approved by the Government of the Republic of Kazakhstan.

 Article 6. The Minister of Internal Affairs of the Republic of  Kazakhstan - The Head of Internal Troops

 1.  The Ministry of Internal Affairs shall be headed by the Minister of Internal Affairs of the Republic of Kazakhstan - the Commander of Internal Troops (henceforth - the Minister of Internal Affairs) appointed to office and released from office by the President of the Republic of Kazakhstan pursuant to the proposal of Prime Minister of the republic of Kazakhstan.
 2.  The Minister of Internal Affairs shall:
 1)  carry out guidance of internal affairs bodies;
 2)  within the bounds of appropriations, establish the structure and personnel of the internal affairs bodies;
 3)  appoint to office and release from office heads of departments of internal affairs of the provinces, cities of national significance, the capital city of the Republic of Kazakhstan and in the transport, as well as heads of municipal, district and town and line bodies of internal affairs;
 4)  on behalf of the Ministry of Internal Affairs issue acts which are obligatory for the implementation by the bodies of internal affairs, as well as within the bounds of his authority - acts which are obligatory for the implementation by other state bodies, organisations, official persons and citizens;
 5)  exercise any other powers entrusted to him by this Edict, regulatory legal acts of the Republic of Kazakhstan, as well as Regulations Concerning the Ministry of Internal Affairs as approved by the Government of the Republic.

 Article 7. Interaction of Official Bodies of Internal Affairs With  Internal Troops

 1.  The Minister of Internal Affairs shall be by position the Commander of Internal Troops of the Republic of Kazakhstan.
 2.  Heads of departments of internal affairs of provinces, the capital city of the Republic and major cities shall be senior operative chiefs with regard to commanders of units and divisions of internal troops which are dislocated on the territory of the relevant provinces, as well as heads of other bodies and subdivisions of internal affairs which are not powers of the structures of department of internal affairs of provinces, major cities and the capital city of the Republic and in case of emergency situations for all the forces which are subordinated to them.

 Article 8. Interaction of Internal Affairs Bodies With Other State  Bodies, Organisations, Officials and Citizens

 1.  The bodies of internal affairs shall interact with the following:
 1)  other law enforcement bodies including special purpose state bodies which carry out inquiry and investigation;
 2)  population and mass communication media on the issues of protecting public order and ensuring public security.
 2.  State bodies and their official persons shall be obliged to render assistance to the bodies of internal affairs in the protection of the rights and freedoms of individual and citizen, protection of public order providing for public security in prevention and liquidation of crime and other violations.

 Article 9. Legal Basis of Activities of Internal Affairs Bodies

 The legal basis for the activities of internal affairs bodies shall comprise the following:
 1)  the Constitution and the laws of the Republic of Kazakhstan;
 2)  this Edict;
 3)  other regulatory legal acts of the Republic of Kazakhstan in as much as they do not contradict and in as much as those are not settled by this Edict;
 4)  international treaties and other obligations of the Republic of Kazakhstan;
 5)  regulatory decrees of the Constitutional Counsel and Supreme Court of the Republic of Kazakhstan;
 6)  regulations concerning the Ministry of Internal Affairs of the Republic of Kazakhstan concerning the service of the persons of ranking file and officers of internal affairs of internal affairs bodies of the Republic of Kazakhstan as approved by the Government of the Republic of Kazakhstan.

Chapter II
The Powers of the Internal Affairs Bodies

 Article 10. Duties of Internal Affairs Bodies
 amended by (1)  Law No. 283 of 10th July 1998 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan.

 1.  The bodies of internal affairs in accordance with the objectives put before them within the bounds of their authorities shall be obliged as follows:
 1)  to protect the rights and freedoms of individuals and citizens from unlawful infringements;
 2)  to protect the public order and provide for public security including when assisting of state bodies and official persons, voluntary participation of organisations and citizens;
 3)  to prevent crimes, participate in their identification, uncovering and prevention;
 4)  to prevent, identify and liquidate administrative violations;
 5)  in accordance with the Law of the Republic of Kazakhstan “Concerning Operative and Investigative Activities” to carry out measures aimed at prevention and disclosure of crimes providing for security of the system of internal affairs bodies as well as the maintenance of the regime established by the criminal and executive legislation on the places of deprivation of freedom. In this respect the list of subdivisions and workers of the bodies of internal affairs who are authorised to carry out operative and investigative measures shall be established by the Ministry of Internal Affairs.
 6)  to carry out inquiry;
 7)  to carry out processing of administrative violations and cases;
 8)  to take steps provided by the legislation for protecting life, health, honour, dignity and property of participants of the criminal process and of other persons;
 9)  to participate in search for persons who committed crime, who hid from inquiry, investigation and court, who evade implementation of criminal or administrative punishment, who disappeared and in other cases provided for by legislation as well as in search for stolen assets;
 10)  in accordance with the procedure established by legislation, participate in conducting operative search, operation to detain persons who committed crime, preventive measures, as well as render assistance in conducting other operative and investigative measures and search acts;
 11)  implement definitions of courts, decrees of judges, written instructions from procurator, investigator when performing search investigation and other procedural acts as provided for by law;
 12)  to execute criminal punishments and administrative penalties provided for employment of the convicts, as well as persons subjected to administrative arrest;
 13)  participate in the legal education of population, examine public opinion on the status of law and order and measures to increase efficiency of activities of the bodies of internal affairs;
 14)  to provide for public order and security when consequences of accidents, fires, natural calamities and other emergency situations are liquidated;
 15)  render assistance to citizens who suffer from unlawful infringements, incidents and other accidents, as well as those who are in helpless condition and any other condition which is hazardous for their health and life;
 16)  participate in accordance with legislation in providing for regimes of emergency condition or marshal law, perform certain tasks in a system of territorial defence of the Republic of Kazakhstan at war time;
 17)  elaborate and implement measures associated with defence and mobilisation preparation of the bodies of internal affairs, increasing stability of their work in cases of emergence situations during peace and under conditions of war time providing for permanent readiness to full and timely mobilisation of special units of the Ministry of Internal Affairs;
 18)  to carry out supervision of compliance for the rules of the road traffic and other standards relating to providing of safety of road traffic. Carry out registration and accounting for automobiles and transport vehicles the persons who use those, carry out examinations for the right to drive transport vehicles, issue certificates for the right to drive it, carry out state directed technical inspection of mechanical transport vehicles and trailers, regulate road traffic;
 19)  provide for supervision of the status of fire prevention security at facilities of all form of ownership, production by the units of all types of fire protection by specialised units of paramilitary fire brigade and carry out distinguishing of fire;
 20)  supervise compliance with established rules for handling functions of arms, munitions, explosives, strong chemical narcotic, psycotropic, toxic and radioactive materials and substances, examine with the participation of the administration of premises where said items and materials are; account for and cease arms in the cases provided for by legislation, examine arms which citizens have a munitions and places of their storage for the purposes of supervision of compliance with the rules of handling those, raise the issue of cease from organisations and citizens of arms and a munitions if they violate the rules of their keeping and using as well as in other cases as provided for by legislation;
 21)  issue permits (licenses) for rendering by non-governmental entity of legal services associated with the detective and protective activities as well as other types of activities provided for by legislation and supervise those activities;
 22)  on the basis of agreements with owners, carry out protection of assets they have [excluded by 1] provide for the protection of facilities of national significance and correction and labour institutions, supervise the status of security of the organisations;
23)  participate in prevention of mass disorders, including those at correction and labour institutions in search for convicted who committed escape from under protection of military watches;
24)  protect and convoy the detainees which are under arrest and convicted persons;
25)  supervise compliance by citizens and official persons with established rules of passport system as well as compliance by foreign citizens and stateless persons of the rules established for them for entry, exit and sojourn in transport through the territory of the Republic of Kazakhstan;
26)  organise special and military conveyance;
27)  participate in conducting quarantine, sanitation and ecological measures;
28)  to carry out arraignment to institutions of health protection pursuant to their proposals of those who evade arrive when called, who suffer from alcoholism, drug addiction, toxicomania, venereal disease and those infected with the virus of human immune deficiency virus;
29)  take immediate steps to provide for safety of ownless assets and hots until they are subordinated to relevant state bodies and official persons provide for safety of documents and items which are found and surrendered to the bodies of internal affairs as well as valuables and other assets, take steps for their return to owners or for their marketing in accordance with the established procedure;
30)  collaborate with appropriate bodies of foreign states, international organisations on the basis of the relevant international treaties of the Republic of Kazakhstan.
2.  When employees violate the rights and lawful interests of citizens, the bodies of internal affairs shall be obliged to restore those rights, to compensate losses incurred and provide for holding the guilty ones responsible.

Article 11. The Rights of the Bodies of Internal Affairs
 amended by (1)  Law No. 283 of 10th July 1998 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan

1.  The bodies of internal affairs represented by official persons authorised appropriately for the implementation of assignments entrusted within the bounds of their authorities shall have the following rights:
1)  demand from the citizens of observance of the public order and public security, termination of unlawful acts and acts which prevent the exercise of the powers of the bodies of internal affairs. In the case of a failure to comply with those requirements to take appropriate compulsion steps;
2)  when there is a suspicion of commission of crime and administrative violations to check citizens’ documents which confirm their identity and other documents which are required for a review of compliance with established rules, the supervision of implementation of which they entrusted to the bodies of internal affairs;
3)  consider applications and communications on any committed or prepared unlawful  infringements including those which are not included into their jurisdiction, register those and timely take steps to prevent them, discover them and detain the persons who committed those, prevent publicly hazardous consequences;
4)   in cases of identification, prevention or disclosure of crimes, give instructions to other bodies, organisations and official persons which are obligatory for the implementation;
5)  with regard to materials and criminal cases which are in their processing, call citizens to the bodies of internal affairs to receive from the explanations, documents, their copies, carry out inquiries and in accordance with established procedure arraign persons who evade from to arrive without good reason;
6)  carry out administrative proceedings in accordance with legislation which regulate that activity, compile protocols, impose administrative punishment, bring the violators, carry out administrative detention, personal inspection, as well as check ups seizure of items and documents;
7)   detain military servicemen who committed violations and submit them to military commanders of military units and military commissioners;
8)  detain and keep at special penitentiaries minors who not reached eighteen age and those who committed crime where their immediate isolation is required, as well as those who are spent to special training and education institutions, to bring to the bodies of curatorship and guardianship homeless children and adolescence;
9)  detain persons subjected to administrative arrest;
10)  carry out expert evaluations related to criminal cases and relevant investigation relating to operative and investigative materials;
11)  unreservedly and free of any charge receive with regard to instituted criminal cases, information and materials from state bodies and, as well as organisations;
12)  in the cases provided for by legislation detain and keep at penitentiaries with the sanctions of the procurator for a term up to thirty days persons who have no certain place of residence, no documents for the purposes of establishing their identity and subsequent submission of them to relevant bodies and institutions (migration authorities, medical authorities, social and other).
13)  bring to special medical institutions or to on-duty units of the bodies of internal affairs and keep there until their sober of persons who are in public places in a drunk condition who insult human dignity and public morals or who can inflict damage to others or themselves and who are in the housing and who violate public order pursuant to the application of citizens who reside with them;
14)  in the cases provided by law and in accordance with the procedure perform criminal and procedural acts and operative and search measures engage for their performance specialists use scientific research facilities for collection and investigation of actual data. In that case the information which constitutes, state or any other secret protected by law, as well as information on private life, personal and family secret shall not be subject to disclosure;
15)  carry out registration, taking photograph, sound recording, cinema and video taping, dactiloscopy of persons who are under arrest, detained on suspicion of commission of crime, those accused on commission of crime, those subjected on administrative arrest, as well as persons who are suspected of commission of administrative violation or who committed those where it is impossible to establish their identity;
16)  create and use specialised accounting systems, information systems which provide for solution of tasks associated with the protection of law and order including account for persons who are registered for administrative supervision, who are subject to prevention influence, persons who commit administrative violations the repetition of commission of which entails increased degree of responsibility;
17)  carry out scientific and technical research in the course of investigation and processing on cases of administrative violation;
18)  carry out in accordance with the procedure witnessing of persons with regard to consumption of alcohol, drugs and psychotropic preparations or send or bring them for performance of those to medical institution;
19)  for the purposes of prevention of violations and interaction with special purpose state bodies which carry out inquiry and investigation, establish collaboration on a public and non-public basis with citizens who express their consent to participate in the protection of public order and providing for public security;
20)  in emergency cases for the service purposes use communication facilities irrespective of the place of their location and to whom those belong with compensation of costs relating to international and intercity communications;
21)  if there are no other opportunities to use transport vehicles irrespective of their form of ownership (except for representations of foreign states and international organisations which have diplomatic communities) for travel to places of accidents, natural calamities and bringing to medical institutions of citizens who need immediate medical assistance, as well as in any other cases which do not allow for procrastination with compensation of costs to owners in case of incurring those;
22)  free of charge, use capacities of the state mass communication media to cover activities of the bodies of internal affairs, establishing circumstances of crime , as well as persons who committed those or searching for persons who hide from inquiry and court and persons who are missing, and in other cases which emerge in the protection of public order and providing for public security;
23)  apply measures for supervision of persons released from places of deprivation of freedom as established by law, as well as those who were sentenced to deprivation of freedom and with regard of whom the implementation of this verdict was delayed; carry out supervision of compliance with regime requirements at the facilities of institution of criminal and penitentiary system and territories which are adjacent to those; in accordance with the procedure established by the Ministry of Internal Affairs introduce at correctional and labour institutions regimes of special condition;
24)  when pursuing persons who are suspected of commission of crime administrative violations which threaten to security of citizens enter unconditionally residential premises and other premises of citizens, the land plots which belong to them, the territory and premises (except for representation of foreign states and international organisations which have diplomatic immunity) and inspect those or if there sufficient data to suspect that a crime has been committed or is committed there, or administrative violation or an accident took place, as well as for ensuring personal safety of citizens and public security under natural calamities,  and inspect those or if there sufficient data to suspect that a crime has been committed or is committed there, or administrative violation or an accident took place, as well as for ensuring personal safety of citizens and public security under natural calamities, catastrophes, accidents, epidemics, epizootics and mass disorder. In the cases of entering residential and other premises which belong to citizens the internal affairs bodies authorised thereto shall notify the procurator within twenty four hours;
25)  restrict or temporarily prohibit access of citizens to certain areas and territories, oblige them to leave certain places for purposes of providing for public order and public security and also when performing operative and search measures and investigation acts;
26)  pursuant to prescriptions of the representative of the local executive or any other state body, take appropriate steps to terminate meeting, rallies, demonstrations, marches, pickets in cases of its organisers’ non-compliance with the requirements of legislation concerning the procedure for holding said events;
27)  when performing measures relating to search for persons who escaped from arrest, independently established check points;
28)  when conducting quarantine measures as well as in places of mass growing of wild narcotic plants, breeding of valuable species of fish in the territory of national parks, state preserves and reserves, establish pursuant to the decision of relevant executive bodies and official persons, check points;
29)  supervise activities of state bodies as well as organisations with regard to providing for the safety of traffic and issue prescriptions which are obligatory for compliance; participate in the work of commissions for acceptance for operation automobile road, streets, road facilities, railway, cross roads, lines of municipal electricity, electric transport, as well as models of new automobiles; agree draft rules, regulations and standards relating to the safety of road traffic, construction and reconstruction of streets and roads, as well as construction of transport vehicles and training curricular for training drivers; prohibit operation transport vehicles, technical condition of which threaten the security of the traffic, suspend using in routes or transport vehicles of organisations until they implement prescriptions when the continuation of their operation threaten safety of road traffic;
30)  in accordance with the procedure and in the cases established by legislation, stop transport vehicles and check drivers’ documents for the right to use and drive them, the documents relating to freights and the right to convey it; prohibit driving of transport vehicles to persons who are in a condition of being drunk, who have no documents for the right to drive or use transport vehicles, as well as in other cases provided for by legislation on the basis as provided for in legislation detain and bring to special parking transport vehicles for temporary storage; temporarily restrict or prohibit traffic and pedestrians in streets and roads, as well as all types of work which are performed with regard to streets and roads;
31)  carry out at the state bodies, as well as organisations the supervision of compliance with the generally obligatory acts concerning issues of fire prevention, carry out in the in the presence of representatives of administration review of compliance with the fire prevention requirements, standards, rules and regulations, send to heads of organisations, other official persons and citizens their prescriptions on elimination of violations established and conducting of measures to prevent fire; elaborate and approve regulatory legal acts which are obligatory for compliance by all state bodies and also organisations, citizens rules for fire safety, as well as those which regulate issues of fire prevention; appoint expert evaluations which are obligatory to be conducted at the expense of the state bodies, as well as organisations to establish causes of fire, as well as check tests of equipment, items, substances, materials for establishing their degree of fire proof; issue to legal entities and physical persons permits for conducting work performing work and rendering of services associated with insuring fire safety and certificates of compliance with requirements of fire safety with regard to products in accordance with list defined by legislation; suspend partially or fully operation of organisations certain production facilities, parts of production units, installations, prohibit use of buildings, installations, electricity networks, heating devices and performance of fire risks, operations where rules of fire safety are violated, which create a threat of fire, as well as in cases of non-compliance with the fire prevention requirements provided for by the projects or standards when building, reconstructing, expending or technically re-equipping organisations, facilities, installations, buildings; supervise the readiness of fire prevention units or populated areas and facilities irrespective of their departmental subordination to defeat fires, compliance by projecting and construction organisations with fire prevention requirements as provided for by standards, rules and regulations in designing building and reconstruction of buildings and installations; participate in the work of commissions for selection of land plots in acceptance for the maintenance of buildings and installations, agree draft standards, rules and regulations which establish requirements of fire safety, as well as projected decisions on construction of facilities where such rules and regulations do not exist;
32)  engage in emergency situations the forces and facilities of fire prevention and emergency rescue services, transport vehicles and other technical facilities and where appropriate issue ordinances for evacuation of people, materials, valuables from danger zones, suspend work of facilities and workshops for the period of performing rescue operations and liquidation of emergency situations;
33)  issue to organisations permits for acquisition, storage, conveyance of arms, ammunitions, explosives, strong chemicals, narcotic, psychotropic, toxic and radioactive substances and materials in accordance with the list as defined by the Government, and with regard to citizens - for purchase, carry and storage of arms and ammunitions; issue permits for the open of shops which sell arms, shooting ranges and stands, shops for repair of arms;
34)  in accordance with legislation without impediments and free of charge receive information materials from state bodies and organisations irrespective of their forms of ownership including from special purpose bodies which carry put inquiry and investigation for the purposes of preventing violations and uncover of crimes;
35)  issue prescriptions, proposals and presentations accordingly to legal entities or physical persons on the measures to eliminate causes and conditions which assist commission of crimes and other violations and to send to the bodies of health protection proposals and materials concerning persons who suffer from chronic alcoholism, drug addiction, toxicomania, who suffer from psychic disorders and those who violate the rights and freedoms of other citizens or public order, for compulsory medical treatment;
36)  in accordance with legislation carry out scientific research, training, production, financial and economic activities;
37)  assist the operation of independent public formations of the population which have law enforcement orientation;
38)  encourage citizens who stand out in the protection of public order, providing for public security and fighting violations;
39)  on the basis of agreements with owners, carry out the protection of their property. [added by 1]
2.  Workers of the internal affairs bodies shall be granted the right to carry, keep and use special facilities and fire arms. They shall also have the right to use physical force including combat methods of fighting. The procedure for using special purpose facilities, fire arms and physical force shall be defined by this Edict.

Chapter III
Use by the Workers Of Internal Affairs Bodies Of Fire Arms, Special Facilities And Physical Force

Article 12. The Target For Using Fire Arms, Special Facilities and Physical  Force

Fire arms, special facilities and physical force shall be used for the purposes of terminating publicly dangerous acts, detention and bringing to the bodies of internal affairs of persons who committed those subject to the nature of violations and specific situations.

Article 13. Use of Special facilities and Physical Force

Workers of the internal affairs shall have the right to apply physical force and special facilities including combat methods of fighting, handcuffs, rubber truncheons, tear substances, light and sound devices of a stunt effect, facilities for opening premises, compulsory stopping of transport, water cannon, service animals, armour vehicles and other special purpose transport vehicles, the list of which is defined by the Government for the following purposes:
1)  to defer assaults on citizens, workers of the internal affairs bodies and other persons who execute their service or public duty with regard to the protection the public order providing for public security and fighting crime;
2)  release of hostages, prevention of mass disorders and group violations of public order;
3)  to defer assault on buildings, premises, installations and transport vehicles, land plots which belong to citizens, organisations and state bodies and equally for their release from seizure;
4)   for prevention of violators if they render disobedience or resistance to the employees of internal affairs bodies, to other persons who execute the duties entrusted to them with regard to the public order, providing for public security and for their delivery to the bodies of internal affairs, convoy and protection of detainees, encostorated persons, those who are subjected to administrative arrest or there are sufficient reasons to believe they make commit an escape or to harm to others or themselves, as well as regard to persons who deliberately impede the internal affairs bodies workers in their performance of duties entrusted to them by law.
2.  It shall be prohibited to use special purpose facilities and methods with regard to women with obvious signs of disablement and minors except for the cases when they commit an assault which threatens health and lives of others , group assault or rendering armed resistance.

Article 14. Use of Fire Arms

1.  Workers of the internal affairs bodies shall have the right  to use fire arms for the following purposes:
1)  to protect citizens from criminal violations, as well as for release of hostages;
2)  to defer assaults on internal affairs bodies’ workers and their family members, persons who execute their service or public duties with regard to the protection of public order providing for public security and fighting crime;
3)  to defer assaults to the residential premises of citizens or facilities protected by the internal affairs bodies, presidents of state owned organisations, to defer assaults on service or military units;
4)  for detention of persons who render resistance or who caught when committing a crime, who are committing escape from under arrest (except for those who are detained under administrative arrest) to detain armed individuals;
5)  to stop transport vehicles by way of the making damage to them, if the worker does not obey the legitimate requirements of the workers of the internal affairs bodies and threaten life and health of citizens;
6)  protect from assault of animals;
7)  to send alarm signals or call for help;
8)  as well as in any other cases of appropriate defence and extreme need.
2.  It shall be prohibited to use arms against women and minors except for the cases when they commit an armed assault, render military resistance, cease hostages, transport vehicles including aircraft or in cases of group assault.
3.  In all cases of using arms, an employee of internal affairs body shall be obliged to take appropriate steps to provide for the safety of other citizens rendering immediate medical assistance to the victims, report to direct chief on the use of arms.
4.  In every case of using arms and special items which entail threat of people or any other serious consequences, the procurator shall be informed immediately.

Chapter IV
The Service At The Internal Affairs Bodies

 Article 15. Acceptance For Service At Internal Affairs Bodies

1.  Citizens of the Republic of Kazakhstan not younger than eighteen years who are capable due to their individual, moral, business, professional and other qualities, condition of health and physical development, level of education to carry out service duty entrusted to them may be accepted for service at the internal affairs bodies.
2.  Receipt for the service at the internal affairs bodies shall be carried under on the condition of prior reference to republic centre of information on personnel of state service and of citizens undergoing obligatory special training.
3.  Acceptance for service at the internal affairs bodies shall be carried out by way to appointment to office including by way of entering into contracts. In this respect the proforma and the provisions of the contract shall be defined by the Ministry of Internal Affairs.
4.  For training at educational establishments of internal affairs bodies persons may be enrolled who have secondary education, who have not reached eighteen years of age. The time of training at day-time departments of educational establishments of the Ministry of Internal Affairs shall be equated to undergoing term military service. In that respect contract shall be entered with the persons who entered the training educational establishments of the Ministry of Internal Affairs and other educational establishments with the payment at the expense of the bodies of internal affairs, in which provisions and periods shall be specified for further undergoing of service at the bodies of internal affairs after terminating the educational establishment.
5.  Persons in age of not older than thirty two years shall be accepted for officers of ranking file and junior officers, in case of middle ranks and senior personnel - not older than forty years. In exceptional cases this age requirement may be changed by the decision of the Ministry of Internal Affairs.
6.  The military servicemen appointed to services of ranking file and officer or enrolled by the bodies of internal affairs including cadets and listeners of educational establishments of the system of the bodies of internal affairs shall be struck off in accordance with the established procedure from military registers and they shall be under special purpose registration of the bodies of internal affairs.
7.  Persons who for the first time enter the service at the bodies of internal affairs shall in the obligatory procedure undergo special purpose initial education and probation and a testing period may be established for them. The procedure in terms for undergoing the trial period and probation shall be defined by the Ministry of Internal Affairs.
8.  Citizens who enrol the service at the bodies of internal affairs shall swear an oath, the text of which shall be approved by the President of the Republic.
9.  The procedure for acceptance for service at the internal affairs bodies, for serving by the workers their powers and responsibility shall be defined by this Edict, regulations concerning service by the persons of ranking file and officers of the bodies of internal affairs and other regulatory legal acts.
10.  Persons who had court sentences previously and those who are released from criminal liability on the basis which are non rehabilitation basis, as well as those discharged because of negative motives on the state service, as well as from other law enforcement bodies, courts and bodies of justice may not be accepted for service at the bodies of internal affairs.

Article 16. Maximum Age For Service At the Internal Affairs Bodies

1.  The workers of internal affairs bodies may serve until they reach the maximum age established for the military service as established by legislation. Where appropriate certain categories of workers of internal affairs bodies may be extended the period of service by the decision of the Ministry of Internal Affairs.
2.  Extension of period of service does not exclude the possibility of dismissal of an employee of internal affairs bodies due to reasons as provided for by this Edict and Regulations concerning the service of rank and filing officers of internal affairs bodies.

Article 17. Discharge From Service At Internal Affairs Bodies

1.  An employee of the internal affairs bodies shall be discharged from service due to the following basis:
1)  to length of service (length of service) which gives the right for pension;
2)  due to age, that is upon reaching the maximum age for military service;
3)  due to condition of health - on the basis of a report (ordinance) from the military medical commission on non suitability or restricted suitability for military service;
4)  in connection of reduction of personnel or reorganisation of internal affairs bodies in case where it is impossible to use at other positions;
5)  in connection to the dissolution of the contract;
6)  due to personal desire;
7)  in connection to transfer in accordance with the established procedure for work at other state bodies (organisations);
8)  in case where unsuitability for service is established during the probation period;
9)  for systematic violation of service of military discipline;
10)  for commission of an act which discredits the title of the internal affairs bodies employees;
11)  an accusative sentence of the court with regard of him, which entered into force;
12)  in connection to the loss of the citizenship of the Republic of Kazakhstan;

Article 18. Working Time At the Internal Affairs Bodies

1.  The length of working for the workers of the internal affairs bodies shall be established in accordance with legislation  concerning labour.
2.  In a case where appropriate the workers of the internal affairs bodies may be engaged to perform service duties in excess of the established time, as well as at night or weekend, at holidays.

Article 19. Special Conditions of Undergoing Service At the Bodies of  Internal Affairs

The length of engagement of internal affairs employees for the protection of public order in other regions of the Republic and for the participation in providing for the legal regime of emergency situation and liquidation of consequences of emergency situations must not exceed three months.

Chapter V
Legal Status Of The  Internal Affairs Bodies Employees

Article 20. The Status of Internal Affairs Bodies Employees

1.  Internal affairs bodies employees shall be the representatives of the state power and they shall be under protection of the state.
2.  The persons who serve or who are staff of the bodies of internal affairs, to whom in accordance with the established procedure a special rank is issued, as well as military servicemen of internal troops of the Ministry of Internal Affairs shall be the employees of the bodies of internal affairs. In this respect the list of special titles of the internal affairs bodies workers and the procedure for granting those shall be defined in legislation.
3.  Workers of internal affairs bodies to confirm their identity and power shall be granted identification certificates and badges in accordance with the established proformas.
4.  Labour legislation shall apply to the workers of the internal affairs bodies in as much as it does not contradict to this Edict and Regulations concerning undergoing service by the persons of ranking file and officers of internal affairs.
5.  The legal status of military servicemen of internal affairs troops of the Ministry of Internal Affairs shall be defined in legislation.

Article 21. Restrictions Relating To Persons Serving Internal Affairs  Bodies

1.  The office of an employee of internal affairs bodies shall not be compatible with the deputy mandate, engagement and any other paid jobs except for teaching, science and other creative activities, nor performance of entrepreneurial activities, being part of the governing body or supervisory council of a commercial organisation.
2.  Employees of the internal affairs bodies shall be prohibited to organise strikes, as well as participation in them.
3.  Workers of the internal affairs bodies must not be party members, trade union members, to call on support of any political party.
4.  In the bodies of internal affairs it shall be allowed to combine professions (positions) or performance of duties of the worker who is temporarily absent in accordance with the procedure and on the terms as defined by the Ministry of Internal Affairs.

Article 22. Powers of the Workers of Internal Affairs Bodies

1.  Workers of the internal affairs bodies in the territory of the Republic irrespective of the position they hold and from interdepartmental subordination, time, in case of the appeal to them of citizens and official persons with an application or communication on violation or in case of direct identification of such shall be obliged to use the entire power of right granted to them for prevention of violations and detention of violators, rendering assistance to those who need it, protection of crime scenes, as well as for informing the nearest board of internal affairs.
2.  A line authorised person of an internal affairs body, the head of the line office of militia in the administrative sector which he serves or territory shall organise and carry out the execution of all assignments of internal affairs bodies in the volume and in accordance with the bounds of their authority including with consideration of administrative violations cases, elaboration of proposals which are obligatory for organisations, aimed at prevention of administrative and law violations, identification and establishment of reasons and causes assisting its improvement.
3.  Acts of the workers of internal affairs bodies which temporarily restrict the right s of citizens shall be accompanied by the words «In the name of the law». Every person in such case shall be obliged to stop active operation, without discussion, obey the requirements of the employee of the internal affairs bodies and to perform his instructions relating to the execution of service duties.

Article 23. Legal Guarantees for the Workers of Internal Affairs Bodies

1.  Legitimate requirements of the internal affairs bodies workers shall be obligatory for the implementation by all citizens and official persons.
2.  A failure to comply with legitimate requirements of the internal affairs bodies workers, insult, resistance, threats of violence or infringements of their life, health, honour and dignity, property and other acts which impede the discharge of the duties entrusted to them, as well as infringement of life, health, honour, dignity and property of their family members, close relatives in relation to the execution by the workers of internal affairs bodies of the service duties and service functions shall entail the liability as established by the law.
3.  Workers of the internal affairs bodies when discharging duties entrusted to them shall be subordinated only to their direct bosses.
4.  No one shall have the right to interfere with service activities of the internal affairs bodies workers except for the persons who are directly authorised thereto by the law. No one shall have the right to compel workers of internal affairs bodies to execute duties which are not entrusted to the bodies of internal affairs by this Edict. Unlawful interference with the activities of internal affairs bodies workers shall entail the liabilities established by law.
5.  When an order or instructions are received which contradict the law the worker of internal affairs bodies shall be obliged to be guided by law and to be under its protection.
6.  The workers of internal affairs bodies shall have the right to challenge the decisions adopted with regard to them and other acts to the above officials or the court.
7.  Workers of internal affairs bodies shall not be liable for harm caused by use of special facilities and methods, arms if their acts are performed in accordance with legislation.

Article 24. The Liability of Internal Affairs Bodies Workers

1.  For non compliance or improper compliance with their service duties workers of the internal affairs bodies shall be liable in accordance with legislation in a disciplinary, criminal or any other procedures.
2.  The execution of the clearly unlawful order or instruction shall not release the worker of the internal affairs bodies from the liability.
3.  A worker of internal affairs bodies with regard to whom are criminal cases instituted and a measure of prevention is not applied in the form of arrest until the decision is adopted by the court in that criminal case shall be removed in accordance with the procedure established by criminal and procedural legislation from the execution of duties during the period of investigation.

Chapter VI
Social Protection And Pension Support Of The Workers Of Internal Affairs Bodies

Article 25. Social Protection of the Workers and Pensioners of the  Internal Affairs Bodies

Social protection of the workers and pensioners of the internal affairs bodies shall be a duty of the state.

Article 26. Work Remuneration, Pension Support And Other Support to  the Workers of the Internal Affairs Bodies

1.  Monetary allowance of the workers of internal affairs bodies shall consist of the salary, additional payment for special rank and additional payment for the length of service. Aside from that they shall be paid bonus and material assistance.
2.  The system of work remuneration of staff of the internal affairs bodies shall be established by the President of the Republic pursuant to the proposal of the Rime-Minister of the Republic.
3.  Workers of the internal affairs bodies shall be monthly paid additional payments for length of service as percentage to the total amount of salary with inclusion of additional payment for special rank and in relation to service as follows:  where the length of service is in excess of three years - fifteen, in excess of five years - twenty, in excess of ten years - thirty, in excess of fifteen years - forty, in excess of twenty years - fifty per cent.
4.  Workers of the internal affairs bodies shall be supplied with the following:
1)  free of charge of the uniform and special cloth, the type and amounts appropriate of those shall be established by the Government of the Republic;
2)  food allowance in kind in accordance with quotas established by legislation by the Government of the Republic or monetary compensation of the allowance.
5.  The pension support of workers of internal affairs bodies shall be established in accordance with legislation on pension support of military servicemen.
6.  Workers of the internal affairs bodies except for technical workers and employees shall have the following rights:
1)  charge free travel in the public transport except for taxi;
2)  upon the presentation of secondment certificate, to an out of queue purchase of travel documents to all types of transport and receiving accommodation at hotels.
7.  The workers of the internal affairs bodies shall have the right to age pension shall be granted additional payments in the amount of fifty per cent from the amount of pension which may be granted to them.

Article 27. Leaves of the Internal Affairs Bodies Workers

1.  Workers of the internal affairs bodies shall be granted leaves thirty days long, as well as others as provided for by legislation.
2.  Additional paid leave in relation to the length of service (in calendar measurement) to the internal affairs bodies workers shall be granted as follows:
1)  to those who have the length of service in excess of ten years - five days;
2)  to those who have the length of service more than fifteen years - ten days;
3)  to those who have the length of service more than twenty years - fifteen days.

3.  The workers of the internal affairs bodies who serve in high mountain areas, areas with difficult and unfavourable climatic conditions, shall be granted the regular leave with the length of thirty five days irrespective of the length of service.
4.  Leaves to workers and employees of the internal affairs bodies shall be defined in accordance with labour legislation.

Article 28. Insurance and Compensation of Losses in Case of Death and  Mutilation of the Internal Affairs Bodies Workers

1.  Workers of the internal affairs bodies shall be subject to obligatory personal and medical insurance at the expense of funds of the republics and local budgets, as well as funds received on the basis of agreements on the basis of state bodies and organisations.
2.  The procedure for payment of insurance amounts shall be defined by the Government of the Republic.
3.  In the case of death (demise) of a worker of internal affairs bodies when executing service duties or within one year after discharge from the service consequential to an injury received when executing service duties, to the dependants and heirs one time insurance amount shall be paid in an amount of ten years monetary allowance in accordance with the last position held.
4.  When establishing to the internal affairs bodies workers of disablement which emerge as a 
 result of an injury, mutilation (contusion), disease received when executing service duties they
 shall be paid one time insurance amount in the following amount:
1)  to a disabled of Group I - five years monetary allowance;
2)  to a disabled of Group II - three years monetary allowance;
3)  to a disabled of Group III - one year monetary allowance.
5.  In the event of serious injury (trauma, mutilation, contusion) received by the employees of the internal affairs bodies when executing service duties, which did not cause disablement the shall be paid insurance sums in an amount of three months monetary allowance, light injury - in amount of one month monetary allowance. In this case insurance sums under a given type of insurance shall be paid irrespective of the payments under other types of insurance and payments in the procedure of compensation for harm.
6.  An insurance sum shall not be paid if in accordance with the established procedure it is proved that the death (demise), injury, mutilation, disease of the worker of the internal affairs bodies took place due to the circumstances which are not associated with the execution of his service duties.
7.  The children of a diseased (killed) worker of the internal affairs bodies until they reach the age of majority, as well as incapable family members who are dependent on him, shall retain the rights of privileges with regard to payment for housing, utility services, fuel, maintenance costs related to the maintenance of houses. The family of a diseased or to his dependants pension shall be granted connected to the loss of bread winner in an amount of monthly monetary allowance.

Article 29. Reimbursement of Costs Associated With Burial

Foe burial of diseased or killed workers and pensioners of internal affairs bodies one time monetary compensation shall be paid in amount of their three months allowance.

Article 30. Housing Rights of the Workers and Pensioners of Internal  Affairs Bodies

1.  Workers of internal affairs shall enjoy the right to priority housing allotment from the  service housing stock.
2.  Service housing occupied for permanent residence by the workers of internal affairs bodies who are in the service for more than 10 calendar years at the discretion of said workers shall be purchased by them into private property at its residual value.
3.  The workers and pensioners of internal affairs bodies shall not be subject to eviction from service housing without granting to them of other housing.
4.  For the workers and pensioners of the internal affairs bodies dismissed form service to retire on age pension, condition of health, reduction of personnel, duty length of service and their family members who reside with them shall be established irrespective of departmental subordination of the housing stock, fifty per cent discount with regard to payment of housing, utility services, fuel and maintenance costs associated with the maintenance of the housing.
5.  The workers of the internal affairs bodies who use housing under leases shall be paid compensation in accordance with the procedure and amounts established by the Government of the Republic.
6.  In the event of the death of the worker of internal affairs when executing service duties the family of the demised shall have the right  to receive not later than one year after the after his death housing from the state housing stock on the terms and in accordance with the procedure established by legislation.

Article 31. Other measures For Social Protection of Workers and  Pensioners of Internal Affairs Bodies

1.  Within the bounds established by the Government of the Republic the workers and pensioners of internal affairs bodies shall be subject to exemptions and privileges as established by legislation for military servicemen and the pensioners of the Ministry of Defence of the Republic.
2.  Workers of the internal affairs bodies who serve in tuberculosis and other specialised contagious disease institutions of the Ministry of Internal Affairs shall enjoy privileges as established by the legislation for said workers.

Article 32. Medical, Sanatorium and Resort Services to the Workers and  Pensioners of the Internal Affairs Bodies

The workers of the internal affairs bodies and their family members who reside with them, as well as the pensioners of the internal affairs bodies shall enjoy in accordance with the procedure established by the Government, medical, sanatorium, and resort services at appropriate state owned health protection institutions.

Chapter VII
Financial, Material And Technical Support To The Internal Affairs Bodies

Article 13. Financing the Bodies of Internal Affairs

1.  Financing of internal affairs bodies shall be carried out at the expense of republics and local budgets, as well as at the expense of the funds received from state bodies, organisations, physical persons for services rendered on the basis of agreements by the internal affairs bodies. In this case the procedure for rendering said services shall be defined by the Government of the Republic.
2.  Local executive bodies may appropriate funds at the expense of local budgets for the maintenance of additional personnel of internal affairs bodies.

Article 34. Material and Technical Support to the Internal Affairs  Bodies

1.  The procedure and the quotas for material and technical support for the units of internal affairs bodies shall be established by the Government of the Republic.
2.  Local executive bodies shall grant free of charge to units and institutions of internal affairs bodies service premises and to line authorised bodies of internal affairs - premises for work at the areas they service which are equipped with furniture, communication facilities, as well as transport vehicles.
3.  The bodies of internal affairs in the railway, water, air transport, units of the internal affairs bodies at special facilities shall be free of charge supplied with the equipped service premises, communication facilities, transport vehicles at the expense of the relevant organisations which shall also incur costs associated with their maintenance.

Chapter VIII
CONCLUDING AND TRANSITION PROVISIONS


Article 35. Financial Supervision of the Internal Affairs Bodies Activities

1.  The financial supervision of economic activities of the Ministry of internal affairs bodies and units subordinated to it shall be carried out by the Ministry of Finance of the Republic of Kazakhstan.
2.  The internal departmental supervision of financial and economic activities of internal affairs bodies shall be carried out under the guidance of the Ministry of Internal Affairs.

Article 36. Procurator Supervision of Activities of Internal Affairs Bodies

The high supervision of exact and uniform application of laws in the activities of internal affairs bodies shall be carried out by the General procurator of the Republic of Kazakhstan and the Procurators subordinated to him.

Article 37. The Procedure for Entering Into Force of This Edict

This Edict shall enter into force from the 1st of January, 1996.

Article 38 Measures To Implement This Edict

1.  The Law of 23rd June, 1992 of the Republic of Kazakstan «Concerning the Internal Affairs Bodies of the Republic of Kazakhstan» (Bulletin of the Supreme Soviet of the Republic of Kazakhstan», 1992, No. 11, i. 288,;1992, No. 24, i. 593; 1993, No. 17, i. 426; 1995, No. 1-2, i. 17) shall be recognised as invalid..
2.  The Government of the Republic of Kazakhstan shall:
1)  bring the decisions it adopted previously into conformity with this Edict.
2)  approve Regulations concerning the Ministry of Internal Affairs of the Republic of Kazakhstan;
3)  take any other steps ensuing from this Edict.
3.  The Ministry of Internal Affairs of the Republic of Kazakhstan shall bring its regulatory acts into conformity with this Edict.

 

President of the Republic of Kazakhstan
N.Nazarbaev