LAW No. 154 OF 15th SEPTEMBER 1994 OF THE REPUBLIC … Legislation...CONCERNING THE...

LAW No. 154 OF 15th SEPTEMBER 1994 OF THE REPUBLIC OF KAZAKHSTAN

CONCERNING THE OPERATIVE-INVESTIGATIVE ACTIVITY

AMENDMENTS AND ADDITIONS INTRODUCED BY:

1) Edict No. 2725 of 25th December 195 of the President of the Republic of Kazakhstan,

Having the Force of a Law, Concerning the Introduction of Amendments and Additions to

Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan. (Articles: 6, 10,

12). Effective from the 1st January 1996;

2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction

of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan.

(Articles: 6, 10, 12, 20, 21, 23);

3) Law No. 327 of 22nd December 1998 of the Republic of Kazakhstan. Concerning the

Introduction of Amendments to Certain Legislative Acts of the Republic of Kazakhstan

Concerning Issues of Financing State Institutions. (Article: 20, 21). Effective from the 1st

January 1999;

4) Law No. 42 of 29th March 2000 of the Republic of Kazakhstan. Concerning the

Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of

Kazakhstan Concerning Issues of Banking Secrecy. (Article: 8). Effective from the 1st of

April, 2000;



Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and

Corruption. (Articles: 6, 7, 8, 10, 12). Effective from the 30th of March 2001;

6) Law No. 244 of 16th July 2001 of the Republic of Kazakhstan. Concerning the


Kazakhstan Concerning Issues of Reforming the Criminal Penal System and Status of Its

Workers. (Article 6, 10, 12). Effective from the 1st of January, 2002;

7) Law No. 295 of the 19th February 2002 of the Republic of Kazakhstan. Concerning the


Kazakhstan Concerning Issues of Fighting Terrorism. (Articles: 11, 12). Effective from the

5th March 2002;



Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan. (Articles:

6, 10, 12). Effective from the 30th July 2002;

9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the


Kazakhstan Concerning Issues of Procurator Supervision. (Articles: 4, 10, 11, 12, 25).

Effective from the 26th August 2002;


Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of

Kazakhstan Concerning Issues of Operative and Investigative Activities. (Articles: 6, 10, 12).

Effective 25th July 2004;

11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the


Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental

Administration and Budget Relations. (Roman Chapter numbers changed for Arabic ones;

Articles: 20, 21 replaced). Effective January 1, 2005;



Kazakhstan Concerning Issues of Justice Authorities. (Article 12). Effective January 7, 2005;

and


of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan

Concerning Issues of Ensuring National Security. (Articles: 11, 12). Effective date n/a

This Law shall define the contents of the operative-investigative activity as carried in the

territory of the Republic of Kazakhstan and it shall enforce the system of legal guarantees of

lawfulness when it is carried out.

Section I 1. General Provisions

Article 1. The Operative-Investigative Activity

The operative-investigative activity is a scientifically-motivated system of overt and covert

operative-investigative, institutional and administrative measures which are carried out in

accordance with the Constitution of the Republic of Kazakhstan, this Law, other laws and

regulatory acts of the Republic of Kazakhstan by specifically authorised state bodies* within

the bounds of their authority for the purpose of protecting lives, health, rights, freedoms and

legitimate interests of citizens**, property, ensuring national and public security from

criminal attempts, as well as from intelligence and subversive activities of secret services of

foreign states and international organisations.

_____________________________

* Henceforth, the bodies which carry out the operative-investigative activity.

** Citizens in this Law are understood as the citizens of the Republic of Kazakhstan, foreign

citizens and stateless persons who permanently or temporarily reside or are present in its

territory.

Article 2. The Objectives of the Operative-Investigative Activity

The following shall be recognised as the objectives of the operative-investigative activity:

- protection of lives, health, rights, freedoms, legitimate interests of citizens and

property (irrespective of the type) from illegal encroachments;

- assistance in ensuring public security, national security and strengthening of its

economic potential and defence capacity;

- detection, prevention, elimination and exposure of crimes;

- performance of measures for finding persons who hide from bodies of inquest,

investigation and court, evade criminal punishment, missing persons and other

persons in the cases specified by the law;

- detection, prevention and elimination of intelligence and subversive activities of

secret services of foreign states and international organisations;

- ensuring security of the President of the Republic of Kazakhstan and other

protected persons;

- ensuring security of the national frontier;

- ensuring the safety of information which constitutes state secrets and other secrets

protected by the law; assistance to enterprises, institutions and organisations

(irrespective of the form of ownership) in protection of commercial secrets;

- support of the regime which is established by criminal penal legislation in the

places of deprivation of freedom;

- ensuring the security of the bodies which carry out the operative-investigative

activity.

Article 3. The Principles of the Operative-Investigative Activity

The operative-investigative activity shall be carried out in accordance with the principles of

legality, observance of rights and freedoms, respect of personal dignity, equality of citizens

before the law, on the basis of secrecy, combination of overt and covert methods,

professional ethics.

Article 4. The Legal Fundamentals for Operative-Investigative Activity

amended by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning

the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of

Kazakhstan Concerning Issues of Procurator Supervision.

1. The Constitution of the Republic of Kazakhstan, this Law as well as other laws and other

regulatory acts of the Republic of Kazakhstan shall constitute the legal fundamentals for the

operative-investigative activity.

2. The bodies which carry out the operative-investigative activity shall issue regulatory acts

which regulate the organisation and tactics for conducting operative-investigative efforts

pursuant to coordination with the Procurator General of the Republic [inserted by 9] within

the bounds of their authority on the basis of this Law.

Article 5. Observance of the Rights and Freedoms of Individuals in Performance of the

Operative-Investigative Activity

1. It shall not be allowed to carry out operative-investigative efforts, nor use the information

obtained in the course of their performance, for attaining purposes and objectives which are

not specified in this Law.

2. Efforts of the body which carries out the operative-investigative activity may be challenged

in the superior body, or procurator's office, or court.

3. The person whose guilt of preparing or committing a crime is not proven in accordance

with the procedure established by the law, shall have the right to require from the body which

is carrying out the operative-investigative activity the information which served as the basis

for his examination and on the nature of the information which is available concerning

himself, within the bounds precluding disclosure of the state secrets or other secrets protected

by the law.

In the case of recognition as groundless of the decision of the body which is carrying out the

operative-investigative activity to deny disclosure of appropriate information to the applicant,

the judge by his motivated definition, and the procurator by his injunction may compel said

authority to disclose to the applicant the information specified in paragraph 3 of this Article.

4. For the purposes of ensuring the fulness and impartiality of considering a complaint, all

operative and service documents, except for the information concerning the identity of the

persons collaborating or having collaborated on a confidential basis with the bodies that carry

out the operative-investigative activity shall be presented pursuant to the demand of the

procurator or judge.

5. The information obtained as a result of the operative-investigative activity, concerning

private life, honour and dignity of individuals, unless they contain information on

commission of acts prohibited by the law, shall not be stored and it shall be destroyed.

Section 2. The Bodies Which Carry Out the Operative-Investigative Activity, Their

Obligations and Rights

Article 6. The Bodies Which Carry Out the Operative-Investigative Activity

as amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of

Kazakhstan, Having the Force of a Law, Concerning the Introduction of Amendments and

Additions to Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan;


of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;




Corruption;




Workers;



Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan; and



Kazakhstan Concerning Issues of Operative and Investigative Activities.

In the territory of the Republic of Kazakhstan the operative-investigative activity shall be

carried out by the following:

a) bodies of internal affairs;

b) bodies of national security;

c) bodies of the military intelligence of the Ministry of Defence;

d) bodies of the Tax Service of the Ministry of Finance bodies of

the Tax Financial [modified by 5] Police; [modified by 1]

e) Security Service of the President of the Republic of Kazakhstan;

f) State Investigative Committee; [introduced by 1][excluded by 5]

g) Customs Bodies; [introduced by 1] [excluded by 5]

h) bodies of Frontier Troops; [introduced by 2] [excluded by 8]

i) bodies of the criminal penal system of the Ministry of Justice; [introduced by 6]

j) customs authorities. [introduced by 10]

The list of the bodies which carry out the operative-investigative activity may be changed or

added only by law.

Article 7. Duties of the Bodies Which Carry out the Operative-Investigative Activity

as amended by 5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan.

Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the

Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised

Crime and Corruption.

When pursuing the objectives of the operative-investigative activity as defined by this Law,

the bodies authorised to carry it out, shall be obliged as follows:

a) in accordance with their scope, to take appropriate measures for protection of the

rights, freedoms and interests of physical persons and legal entities, property, public

and national security as protected by the law and for strengthening of its economic

and defence potential;

b) to provide for identification, prevention, elimination and exposure of crimes by

way of performing operative-investigative measures, registration of their results for

use in the criminal procedure,[inserted by 5] to execute the written instructions of

the investigator and directives of the procurator, as well as definitions of the court

for performance of operative-investigative measures in relation to criminal cases

which are processed by those bodies;

c) timely to inform the bodies of the government and administration of the Republic

of Kazakhstan on the facts they know and information which evidences a threat to

the public and national security;

d) on the basis of agreements (treaties) on legal assistance, to execute requests of

appropriate international law-enforcement organisations and law-enforcement

bodies of foreign states;

e) to take appropriate steps for ensuring secrecy in the performance of operative-

investigative measures and also in transfer of materials which present the results of

operative-investigative measures for use in the criminal procedure [inserted by

5] and prevention of disclosure of sources of information.

Article 8. The Rights of the Bodies Which Carry out the Operative-Investigative

Activity

amended by: 4) Law No. 42 of 29th March 2000 of the Republic of Kazakhstan. Concerning


Kazakhstan Concerning Issues of Banking Secrecy; and




Corruption.

1. When performing assignments of the operative-investigative activity, the bodies which are

authorised to carry it out, shall have the following rights:

a) within the bounds of their authority, to carry out, both in an overt and covert

manner, the operative-investigative measures listed in Article 11 of this Law;

b) to establish on a charge-free or chargeable basis, collaboration relations with the

persons who expressed consent to render confidential assistance to the bodies which

carry out the operative-investigative activity;

c) to form and use operative registers and information systems which provide

solutions for operative-investigative activity assignments;

d) to use service premises, transport and other technical facilities, property of

enterprises, institutions, organisations, military units as well as residential and non-

residential premises, transport vehicles and other property of citizens in the course

of operative-investigative measures on the basis of written or verbal agreements

with compensation of harm to the owners in the case of its occurence, as well as

costs at the expense of the bodies which carry out the operative-investigative

activity;

e) to form secret enterprises and organisations, use for those purposes the documents

which conceal the official persons, departmental subordination of units,

organisations, premises and transport vehicles, organisations, premises and transport

vehicles of the bodies which carry out the operative-investigative activity, as well as

identity of the persons who collaborate with those bodies on a confidential basis;

f) to use assistance of official persons and specialists who have appropriate

scientific, technical or other special knowledge;

g) to receive free of charge and use the information which is material for solution of

operative-investigative assignments, from other ministries, departments, enterprises,

institutions and organisations irrespective of the form of ownership in compliance

with the requirements concerning disclosure of the information which constitutes

commercial, banking or other secrets protected by the law, as established by the

legislative acts of the Republic of Kazakhstan; [added by 4]

h) in coordination with other bodies which have the right to carry out the operative-

investigative activity in the territory of the Republic of Kazakhstan, to use forces

and resources of those bodies for performance of certain measures;

i) freely to enter at any time the territory and premises of enterprises, institutions,

organisations (irrespective of the form of ownership), and enter the territory of

military units and other regime facilities in coordination with their commanders only

for the purpose of performing operative-investigative measures specified in Article

11 of this Law;

j) to implant workers of the body who carry out the operative-investigative activity,

or persons who collaborate with it into criminal groups, and keep secret the true

information concerning their identity;

k) to use the model of behaviour which imitates criminal activities;

l) for the purpose of detecting, preventing and eliminating crimes, as well as persons

involved in them, to carry out operative monitoring of supplies of goods, substances

and other material assets which are items of criminal activities and intended for

clearance, export from or import to the territory of the Republic of Kazakhstan;

m) to pass the materials which present results of performing operative-investigative

measures for the use in the criminal procedure. [introduced by 5]

2. The official persons of departments, enterprises, institutions, organisations (irrespective of

the forms of ownership) and other business entities, military units and formations shall not

have the right to impede the bodies specified in this Law to carry out the operative-

investigative activity within the bounds of their authority.

Article 9. The Liability of Workers of the Bodies Which Carry Out the Operative-

Investigative Activity

1. The workers who allowed for illegal acts in conducting operative-investigative measures,

shall be held responsible in accordance with current legislation.

2. Damage caused by acts of the bodies which carry out the operative-investigative activity

shall be compensated by them in accordance with the procedure established by the legislation

of the Republic of Kazakhstan.

Section IiI 3. Performance of Operative-Investigative Measures

Article 10. The Reasons for the Performance of Operative-Investigative Measures

amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of








Corruption;




Workers;



Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan;



Kazakhstan Concerning Issues of Procurator Supervision; and



Kazakhstan Concerning Issues of Operative and Investigative Activities.

1. The following shall be recognised as the reasons for the performance of operative-

investigative measures:

a) existence of the instituted criminal case;

b) information is received by the bodies which carry out the operative-investigative

activity concerning:

- a violation is being prepared, committed or it has been committed;

- persons who hide from bodies of inquest, investigation and court or

evade criminal punishment;

- missing persons and discovery of unidentified dead bodies;

- intelligence and subversive actions of secret services of foreign

states and international organisations;

c) written instructions of the investigator and instructions of the procurator as well

as definitions of the court on the criminal cases which are processed by those

bodies;

c-1) the resolutions of the Procurator General of the Republic of Kazakhstan and of

his deputies, procurators of the provinces and procurators equated to them; [inserted

by 9]

d) requests of international law-enforcement organisations and law-enforcement

bodies of foreign states in accordance with agreements (treaties) on legal assistance;

e) the need to receive intelligence information in the interests of the public, state and

for strengthening of its economic and defence potential.

2. The bodies which carry out the operative-investigative activity, within the bounds of their

authority upon their initiative or the initiative of other state bodies, shall have the right to

collect information which is characteristic of individuals, needed for adoption of the

following decisions:

- on acceptance for work and service in the bodies of internal affairs, criminal penal

system of the Ministry of Justice [introduced by 6] State Investigative

Committee [inserted by 1][excluded by 5]national security, military

intelligence, customs house, [inserted by 1][excluded by 5] tax

service Tax Financial Police, [modified by 1][excluded by 5], customs

authorities [inserted by 10] Frontier Troops, [inserted by 2][excluded by 8] Security

Service of the President of the Republic of Kazakhstan;

- on issues of ensuring the security of the bodies which carry out the operative-

investigative activity;

- on granting access to information which constitutes state secrets, or to work

connected with the functioning of facilities and installations which present high

accident or ecological risks, of which the list is defined by the Cabinet of

Ministers Government [modified by 2] of the Republic of Kazakhstan;

- on granting access to participation in the operative-investigative activity or access

to materials obtained as a result of its performance;

- on issuing of permits for engagement in private detective and security activities.

3. The specified reasons are exhaustive and may be added to only by the law.

Article 11. Operative-Investigative Measures

amended by: 7) Law No. 295 of the Republic of Kazakhstan. Concerning the Introduction of

Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan

Concerning Issues of Fighting Terrorism;



Kazakhstan Concerning Issues of Procurator Supervision; and



Concerning Issues of Ensuring National Security.

1. Operative-investigative measures are efforts of the bodies which carry out the operative-

investigative activity within the bounds of their authority, aimed at attaining the objectives

specified in Article 2 of this Law.

2. The following shall be recognised as operative-investigative measures:

- questioning of citizens, official persons, collection of information from them;

- establishing of public and secret relations with citizens, using them for the

operative-investigative activity;

- implanting of employees into the criminal community;

- use of the model of behaviour imitating criminal activity;

- formation of secret enterprises and organisations;

- performance of operative monitoring of supplies;

- use of special technical items;

- collection of information and the verification based on registers of institutions,

enterprises and organisations (irrespective of the subordination and forms of

ownership);

- selection of samples and assays for investigation;

- check purchases;

- use of sleuth dogs;

- finding and identifying individuals on the basis of descriptions;

- search for devices for illegal collection of information; [introduced by 7]

- detection, secret registration and seizure of traces of illegal acts, their preliminary

investigation;

- pursuit of the person who is committing or have committed a crime and his arrest;

- performance of search of arrested individuals, inspection and seizure of items and

documents that they have, which may relate to criminal activities, as well as

inspection of housing premises, work stations and other places, inspection of

transport vehicles;

- performance of operations for seizure of armed criminals;

- research based on operative, criminological registers and systems of criminal

registration.

3. The following shall be recognised as special operative-investigative measures:

- inspection of correspondence of convicts;

- monitoring of postal parcels;

- operative search based on external indications in postal-telegraph channels of

communications; [repealed by 13]

— operative search in communication networks; [introduced by 13]

- tapping of telephone conversations and other conversations; [excluded by 9]

- the covert tapping and recording of conversations with the use of video, audio

equipment or other special technical facilities, tapping and recording of

conversations which are made by the telephone and other intercom devices, as well

as obtaining of information on telephone conversations that took place; [introduced

by 9]

- collection of information from technical channels of communications, computer

systems and other technical facilities;

- surveillance, including with the use of special technical facilities (audio and video

recording, taping and other technical facilities), materials and substances which do

not cause harm to lives, health of individuals and environment;

- entry of housing and other premises, buildings, facilities, terrain, transport and

other technical facilities and their inspection.

Article 12. Requirements to Performance of Operative-Investigative Measures

amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of








Corruption;




Workers;

7) Law No. 295 of the Republic of Kazakhstan. Concerning the Introduction of Amendments

and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of

Fighting Terrorism;



Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan;



Kazakhstan Concerning Issues of Procurator Supervision;



Kazakhstan Concerning Issues of Operative and Investigative Activities;

12) Law No. 25 of 29th

December 2004 of the Republic of Kazakhstan. Concerning the


Kazakhstan Concerning Issues of Justice Authorities. (Article 12). Effective January 7, 2005;

and



Concerning Issues of Ensuring National Security.

1. Citizenship, sex, nationality, residence, social, official and financial status, participation in

public associations, attitude towards religion and political views of citizens shall not be

recognised as impediments for the performance of operative-investigative measures against

the in the territory of the Republic of Kazakhstan, unless it is otherwise provided for by the

law.

2. The operative-investigative measures listed in paragraph 2 of Article 11 of this Law shall

be carried out by the bodies which carry out the operative-investigative activity in accordance

with the assignments entrusted to them they shall be segregated within the bounds of their

authority. The Bodies of Internal Affairs shall have the right to carry out the operative-

investigative measures listed in paragraph 2 of Article 11 of this Law in the institutions of the

criminal penal system of the Ministry of Justice, and the bodies of the Criminal Penal system

in the investigative isolation facilities of the Ministry of Internal Affairs in coordination with

the authorised body of the criminal penal system or its territorial unit [modified by

12]. [added by 6]

The operative-investigative measures listed in paragraph 3 of Article 11 of this Law shall be

carried out by the following:

a) bodies of internal affairs State Investigative Committee, bodies of internal

affairs [modified by 1] bodies of internal affairs, Criminal Penal System of the

Ministry of Justice [inserted by 6] and financial police [modified by 5], financial

police and customs authorities [modified by 10] — inspection of correspondence of

convicts; monitoring of postal items in the form of boxes and parcels;tapping of

telephone conversations and other conversations [excluded by 9] the covert tapping

and recording of conversations with the use of video and audio equipment and other

special-purpose technical devices, tapping and recording of conversations which are

made with the use of telephones and other intercom devices, as well as obtaining of

information on telephone conversations that took place [introduced by 9]; collection

of information from computer systems and other technical facilities; surveillance,

including with the use of special technical facilities (audio and video recording,

taping and other technical facilities), materials and substances; entry of housing and

other premises, buildings, structures, terrain, transport vehicles and other technical

facilities and their inspection;

b) bodies of national security — monitoring of postal parcels; operative

search based on external indications in postal and telegraph channels in

networks [modified by 13] of communications;tapping of telephone conversations

and other conversations [excluded by 9] the covert tapping and recording of

conversations with the use of video and audio equipment and other special-purpose

technical devices, tapping and recording of conversations which are made with the

use of telephones and other intercom devices, as well as obtaining of information on

telephone conversations that took place [introduced by 9]; collection of information

from technical communication channels, computer systems and other technical

facilities; surveillance, including with the use of special technical facilities (audio

and video recording, taping and other technical facilities), materials and substances;

entry of housing and other premises, buildings, structures, terrain, transport vehicles

and other technical facilities and their inspection;

c) military intelligence of the Ministry of Defence, operative bodies of the Frontier

Troops [inserted by 2][excluded by 8] and Security Service of the President of the

Republic of Kazakhstan in relation to the items of their operative support —

surveillance, including with the use of special technical facilities (audio and video

recording, taping and other technical facilities), materials and substances; entry of

housing and other premises, buildings, structures, terrain, transport vehicles and

other technical facilities and their inspection; tapping of telephone conversations and

other conversations [excluded by 9] the covert tapping and recording of

conversations with the use of video and audio equipment and other special-purpose

technical devices, tapping and recording of conversations which are made with the

use of telephones and other intercom devices, as well as obtaining of information on

telephone conversations that took place [introduced by 9]; collection of information

from technical communication facilities, computer systems and other technical

facilities.

The bodies of internal affairs, Criminal Penal System of the Ministry of Justice [inserted by

6] State Investigative Committee, [inserted by 1] [excluded by 5] national security, military

intelligence of the Ministry of Defence, customs house, [inserted by 1][excluded by 5] tax

service of the Ministry of Finance Tax Financial [modified by 5] Police [modified by

1], customs authorities [inserted by 10], Frontier Troops [inserted by 2][excluded by 8] and

the Security Service of the President of the Republic of Kazakhstan in appropriate cases shall

be obliged to render mutual assistance in organisation and performance of special measures

listed in paragraph 3 of Article 11 of this Law.

Special operative-investigative measures connected with the use of telephone

communications of communication enterprises telecommunications networks [modified by

5] and postal communication channels in the interest of attaining objectives by all the

organisations listed in Article 6 shall be technically carried out by the bodies of the national

security of the Republic of Kazakhstan, for which appropriate forces and resources shall be

appropriated to them.

3. The list of the services, units and categories of employees who have the right to carry out

operative-investigative measures shall be defined by the heads of the bodies which carry out

the operative-investigative activity.

4. The operative-investigative measures Special operative-investigative measures [modified

by 13] which violate the inviolability of private life [inserted by 9], secrecy of letter

exchange, telephone conversations, telegraph messages and postal parcels, as well as the right

to inviolability of housing, which are protected by the law, shall be exercised exceptionally

for detection, prevention and solution of grave and especially grave crimes as well as crimes

prepared and committed by criminal groups, only with the sanctions of the procurator.

The sanctions for the performance of such measures pursuant to resolutions of the bodies

which carry out the operative-investigative activity shall be issued by the Procurator General

of the Republic of Kazakhstan and his deputies, the military procurator of the Republic,

procurator of the Provinces and the procurators equated to them.

5. Exclusiverly for obtaining intelligence information for the purposes of ensuring the

security of the Republic of Kazakhstan, detection, prevention and elimination of intelligence

and subversive attempts of secret services of foreign states and foreign organisations, as well

as terrorism, [inserted by 7] the operative-investigative measures listed in paragraph 4 of this

Article may be carried out in accordance with the procedure coordinated with the Procurator

General of the Republic of Kazakhstan.

6. In the case of emergence of a threat to lives, health, property of individual persons,

pursuant to their application or with their written approval, it shall be allowed to tap and

record their conversations,[inserted by 9] telephone conversations which are made from their

telephones or other communication devices, on the basis of a resolution approved by the head

of the body which is carrying out the operative-investigative activity with obligatory

notification of the procurator within 24 hours.

7. In the cases which do not allow for postponement and which may lead to commission of a

terrorist attack, subversion and other grave crimes on the basis of a motivated resolution of

one of the heads of the relevant body which is carrying out the operative-investigative

activity, it shall be allowed to carry out the operative-investigative measures listed in

paragraph 4 of this Article with notification of the procurator and subsequent receipt of

sanctions within 24 hours.

8. The materials which serve as the basis for the performance of operative-investigative

measures listed in paragraph 4 of this Article, in the form and by their content excluding the

possibility of deciphering information concerning identity of the citizens collaborating with

the bodies which carry out the operative-investigative activity, shall be submitted to the

procurator, when sanctions are received for the performance of those measures.

9. Organisation and tactics of conducting covert operative-investigative measures may

constitute the service, the military or the state secret in accordance with the List of the Items

Which Are Subject to Classification as approved by the Cabinet of

Ministers Government [modified by 2] of the Republic of Kazakhstan on the basis of the Law

«Concerning the Protection of State Secrets of the Republic of Kazakhstan» Law of the

Republic of Kazakhstan «Concerning State Secrets». [modified by 5]

Article 13. Assistance to the Bodies Which Carry Out The Operative-Investigative

Activity

1. The official persons and other employees of the state bodies, departments, enterprises,

organisations and institutions (irrespective of their subordination and forms of ownership),

military units, formations and public associations of the Republic of Kazakhstan shall be

obliged to render assistance in attaining the objectives specified in Article 2 of this Law, to

the bodies which carry out the operative-investigative activity.

2. Individual citizens may with their consent be engaged in preparation and performance of

the operative-investigative measures (in particular, on the basis of contracts) with retention if

they wish of confidentiality of the collaboration with the bodies that carry out the operative-

investigative activity. Those persons shall be obliged to keep secret the information which

they learned in the course of preparation or performance of operative-investigative measures

and not to supply deliberately false information to said bodies. For disclosure of such

information and for presentation of deliberately false information they shall be held

responsible as established by the legislation of the Republic of Kazakhstan.

3. The bodies which carry out the operative-investigative activity may conclude contracts on

collaboration with full-age capable persons irrespective of their citizenship, nationality, sex,

social, official, financial status, education, participation in public associations, political and

religious views. The form of the contract, terms and validity periods shall be defined by

departmental regulatory acts.

Article 14. Use of the Results of the Operative-Investigative Activity

1. The materials obtained in the course of the operative-investigative activity may be used for

preparation and performance of investigative acts and performance of operative-investigative

measures for prevention, elimination and solution of crimes, as well as evidence in criminal

cases after their review in accordance with the criminal procedural legislation.

2. The materials obtained as a result of conducting operative-investigative measures, prior to

their investment with the form specified in the criminal procedural legislation, or where there

is no possibility to include them into the criminal procedure, shall not entail any legal

consequences and they shall not be a reason for restriction of the rights, freedoms and

legitimate interests of physical persons and legal entities.

3. Information on organisation of the operative-investigative activity, specific operative-

investigative measures, sources and methods of procuring information which constitutes the

state secrets or other secrets protected by the law, except for the cases specified by

legislation, as well as information concerning private life, honour and dignity of citizens,

shall not be subject to disclosure.

4. For disclosure of information on the operative-investigative activity the persons to whom

such information became known as a result of professional duties shall be held responsible as

provided for by the legislation of the Republic of Kazakhstan.

Article 15. Restrictions in the Operative-Investigative Activity

The following shall be prohibited when carrying out the operative-investigative activity:

- to commit acts which create a real threat to lives, health and property of citizens,

except for the cases of extreme necessity and necessary defence;

- to undertake efforts in the interests of any political party, as well as public and

religious associations;

- to coerce and provoke citizens to commit violations;

- to use violence, threats, blackmail and other unlawful activities which restrict the

rights, freedoms and legitimate interests of citizens and official persons;

- falsify operative-investigative materials and equally to use deliberately

questionable or false information.

Article 16. The Bases for Termination of Operative Investigative Measures

Operative-investigative measures shall be terminated as follows:

- when the objectives for the attainment of which they were designed, have been

attained;

- in the case of establishing circumstances which evidence the objective

impossibility to solve the set objectives;

- upon establishing the circumstances which exclude holding responsible the persons

under investigation, due to the reasons specified in the legislation of the Republic of

Kazakhstan.

Operative-investigative measures shall be carried out, suspended and terminated within the

periods as specified in regulatory legal acts of the bodies which carry out the operative-

investigative activity, coordinated with the Procurator General of the Republic.

Section IV 4. Interaction of the Bodies Which Carry Out the Operative-Investigative

Activity

Article 17. The Interaction of the Bodies of the Republic of Kazakhstan Which Carry

Out the Operative-Investigative Activity

The bodies of the Republic of Kazakhstan which carry out the operative-investigative activity

shall:

- independently attain the objective set for them, in interaction between them, by

using the potential of the state, public and other organisations as well as assistance

of citizens;

- provide for mutual supply of information which became known on facts of

criminal acts pertaining to the scope of those bodies and they shall render

appropriate mutual assistance.

Article 18. Interaction with the Bodies of Other States

1. The bodies of other states which are vested with the right to carry out the operative-

investigative activity shall interact and carry out operative-investigative measures in the

territory of the Republic of Kazakhstan in accordance with the procedure and within the

bounds established by this Law and appropriate agreements and treaties.

2. The bodies of the Republic of Kazakhstan which carry out the operative-investigative

activity shall interact and carry out operative-investigative measures in the territories of other

states in accordance with the procedure and within the bounds established by this Law as well

as legislation of those states on the basis of appropriate agreements and treaties.

Article 19. Interaction of the Bodies Which Carry Out the Operative-Investigative

Activity With International Law-Enforcement Organisations

The interaction of the bodies which carry out the operative-investigative activity with

international law-enforcement bodies shall be carried out in accordance with the agreements

(treaties) on legal assistance and within the requirements established by this Law.

Section V 5. Financing and Material-Technical Support of the Operative-Investigative

Activity

Article 20. Financial Support of the Operative-Investigative Activity

amended by: 2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the


Kazakhstan;



Concerning Issues of Financing State Institutions; and



Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental

Administration and Budget Relations.

Financing of the operative-investigative activity shall be carried out at the expense

of appropriations from the Republic's budget and local budgets budget funds, [modified by

11] which are directed for the maintenance of the bodies which carry out the operative-

investigative activity both in the national and foreign currency, as well as assessments from

amounts of compensation for the harm caused to the State, which are received from selling

assets converted into the property of the State on the basis of a court sentence in accordance

with the procedure defined by the legislation of the Republic of Kazakhstan and the Cabinet

of Ministers Government [modified by 2] of the Republic of Kazakhstan. [excluded by 3]

Article 21. The Material-Technical Support of the Operative-Investigative Activity



Kazakhstan;



Concerning Issues of Financing State Institutions; and

repealed by 11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan.


Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the

Governmental Administration and Budget Relations.

The material-technical support of the operative-investigative activity shall be carried out as

follows:

- out of funds of the Republic's budget and other budgets;

- in accordance with the Regulations Concerning the State Defence Order as

approved by the Cabinet of Ministers Government [modified by 2] of the Republic

of Kazakhstan; [excluded by 3]

- at the expense of the automobiles, radio-electronic devices, audio and video

equipment, computers, office equipment and other assets seized and confiscated in

accordance with the court decisions. [excluded by 3]

Article 21. Logistics Support to Operative-Investigative Activities

Introduced by 11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan.


Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the

Governmental Administration and Budget Relations.

Material and technical support to operative-investigative activities shall be carried out at the

expense of budget funds.

Section VI 6. The Social and Legal Protection of the Entities in the Operative-

Investigative Activity

Article 22. The Social and Legal Protection of the Employees of the Bodies Which Carry

Out the Operative-Investigative Activity

1. The employees of the bodies which carry out the operative-investigative activity, which

they perform their service duties shall be recognised as representatives of the authorities and

they shall be under the protection of the state. They shall be subject to the guarantees of the

legal and social protection of employees of the ministries and departments of which they are

staff. Subject to special considerations related to the work, the employees who carry out the

operative-investigative activity may be entrusted with additional privileges.

2. In their service activities the employees of the bodies which carry out the operative-

investigative activity shall be guided by the requirements of the law and they shall not be

bound by decisions of political parties and mass public movements which pursue political

objectives.

3. No one, except for the persons who are appropriately and directly authorised by the law,

shall have the right to interfere with legitimate activities of the employees and authorities that

carry out the operative-investigative activity. When receiving an order or instruction which

contradicts current legislation, they shall be obliged to be guided by the law.

4. The heads of the bodies which carry out the operative-investigative activity shall be

obliged to provide for the personal security, safety of assets of their employees, their family

members and close relatives.

5. Conditions which are needed for receiving special professional training, enhancing

qualifications and for medical services shall be created for the purposes of appropriate

performance of service duties by the employees of the bodies which carry out the operative-

investigative activity.

Article 23. The Social and Legal Protection of Citizens Who Assist the Bodies Which

Carry Out the Operative-Investigative Activity



Kazakhstan

1. The citizens who assist the bodies which carry out the operative-investigative activity shall

be under the protection of the State.

2. The state shall guarantee their rights and performance of obligations in accordance with

this Law, other laws and regulatory legal acts of the Republic of Kazakhstan to the citizens

who expressed the desire to assist the bodies which carry out the operative-investigative

activity.

3. When a real threat of an unlawful attempt upon life, health or property of citizens arises in

connection with their assistance to the bodies which carry out the operative-investigative

activity and equally to their family members and close relatives, those bodies shall be obliged

to take all appropriate measures for prevention of illegal acts, identification of the guilty

parties and holding them responsible, as well as for the performance where appropriate of

special measures for their protection in accordance with the procedure defined by the Cabinet

of Ministers Government [modified by 2].

4. Information concerning the persons who collaborate or collaborated on a confidential basis

with the bodies which carry out the operative-investigative activity shall constitute the state

secret and may be made public only upon their written approval.

5. The citizens who collaborate with the bodies that carry out the operative-investigative

activity shall have the right to receive remuneration.

6. The period of collaboration of citizens under contracts on a chargeable bases as the may

type of occupation with the bodies that carry out the operative-investigative activity shall be

included into their general length of service. They shall have the right to pension support and

in the case of death their families and dependents shall have the right to pension due to loss of

breadwinner in accordance with current legislation and in accordance with the procedure

defined by the Cabinet of Ministers Government [modified by 2] of the Republic of

Kazakhstan.

7. In the case of the death of a citizen collaborating with the bodies that carry out the

operative-investigative activity, in connection with his participation in performance of

operative-investigative measures, the family of the killed and his dependants shall be paid the

one-time compensation:

- in amount of ten-times monetary allowance of the killed, who collaborated on

chargeable basis;

- in amount of ten annual amounts of the minimum wage of the person who

collaborated on a charge-free basis;

8. When injuries or other harm to health is caused to a citizen who collaborated with the

bodies that carry out the operative-investigative, which is caused in connection with his

participation in the performance of operative-investigative measures, he shall be paid a one-

time benefit as follows:

- in amount of five-years monetary allowance for those who collaborate on a

chargeable basis;

- in amount of five annual minimum wages for those who collaborate on a charge

free basis.

9. Compensation for the have caused by death, injury or other harm to health connected with

the participation in performance of the operative-investigative activity shall be carried out at

the expense of the funds of the bodies which carry out the operative-investigative activity in

accordance with the procedure defined by the Cabinet of Ministers Government [modified by

2] of the Republic of Kazakhstan.

Section VII 7. Supervision and Monitoring of the Operative-Investigative Activity

Article 24. The Departmental Supervision

The heads of the bodies which carry out the operative-investigative activity shall provide for

the supervision of compliance with legality in organisation and performance of operative-

investigative measures.

The superior departmental authorities shall provide for the supervision of the operative-

investigative activity of the bodies subordinated to them.

Article 25. The Supervision of the Operative Investigative Activity

repealed by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning


Kazakhstan Concerning Issues of Procurator Supervision.

The supervision of compliance with the laws in the operative-investigative activity shall be

carries out by the Procurator General of the Republic of Kazakhstan and the Procurators

subordinated to him.

Article 25. Supervision of Operative-Investigative Activity

introduced by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan.


Republic of Kazakhstan Concerning Issues of Procurator Supervision.

1. The supervision of compliance with the law in the performance of operative-investigative

activity shall be exercised by the Procurator General of the Republic of Kazakhstan and the

procurators subordinated to him. [introduced by 9]

2. In the exercise of the supervision of operative-investigative activity, the procurator shall:

1) receive cases in the operative-investigative procedure, materials, documents and

other appropriate information on the course of the operative-investigative activity,

except for the information on the persons who cooperate or cooperated on a covert

basis with the authorities which carry out operative-investigative

activity; [introduced by 9]

2) review the legality of conducting special operative-investigative measures by the

bodies which carry out the operative-investigative activity; [introduced by 9]

3) by his resolution terminate operative-investigative measures in the case of

revealing violations of the law, human and citizen rights in the performance of

operative-investigative activity;[introduced by 9]

4) examine complaints and petitions concerning acts and decisions of official

persons of the bodies that carry out the operative-investigative activity; [introduced

by 9]

5) challenge the regulatory legal acts which regulate organisation and tactics for the

performance of operative-investigative measures, issued by the bodies which carry

out the operative-investigative activity, where they contradict the Constitution, laws

and acts of the President of the Republic; [introduced by 9]

6) with regard to the officials who committed unlawful acts in the performance of

operative-investigative measures, pass resolutions to institute criminal cases,

disciplinary procedures; [introduced by 9]

7) pass other acts of procurator supervision in relation to exposed facts of violations

in the course of exercising the supervision of legality of operative-investigative

activity; [introduced by 9]

8) by his motivated resolution, release illegally detained persons or abolish illegal

resolutions on detention of persons; [introduced by 9]

9) where necessary, for the purpose of eliminating violations of laws, order from the

heads of the bodies that carry out the operative-investigative activity the

performance of checks of subordinated authorities; [introduced by 9]

10) in the cases established by the legislation of the Republic of Kazakhstan, issue

the sanction for the performance of operative-investigative measures. [introduced by

9]

3. The Procurator General within the bounds of his authority shall adopt regulatory legal acts

concerning issues of applying rules of the legislation of the Republic of Kazakhstan

concerning the operative-investigative activity, which shall be obligatory for compliance by

all the bodies that carry out the operative-investigative activity. [introduced by 9]

4. For the purposes of revealing violations of laws by the bodies that carry out the operative-

investigative activity, the procurator shall have the right to engage specialists of the

procurator's office or other specialists with the use of special technical facilities. [introduced

by 9]

President of the Republic of Kazakhstan

N. Nazarbaev

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