Unofficial translation
Footnote. Abolished by the Order of the Prosecutor General of the Republic of Kazakhstan dated January 17, 2023 No. 30 (effective after ten calendar days after the date of its first official publication).In alignment with sub-paragraph 6) of Article 37 of Law of the Republic of Kazakhstan № 81-VI dated June 30, 2017 “On Prosecutor's Office” I DO HEREBY ORDER:
1. That the enclosed Rules for Conducting Interdepartmental Research Studies in the Field of Law Enforcement, their coordination and monitoring shall be approved.
2. In the manner prescribed by the legislation of the Republic of Kazakhstan, the Academy of the Law Enforcement Agencies under the General Prosecutor's Office of the Republic of Kazakhstan shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, sending hereof to Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" of the Ministry of Justice of the Republic of Kazakhstan for its placement in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) placing this order on the Internet resource of the General Prosecutor's Office of the Republic of Kazakhstan;
4) within ten calendar days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission of the information on the implementation of measures provided for in subparagraphs 1), 2) and 3) of this paragraph to the structural unit of the General Prosecutor's Office of the Republic of Kazakhstan responsible for regulatory activities.
3. The control over the execution of this order shall be assigned to the supervising Deputy Prosecutor General of the Republic of Kazakhstan.
4. This order shall become effective ten calendar days after the day of its first official publication.
| General Prosecutor | |
| of the Republic of Kazakhstan | Zh. Assanov |
| Approved by order of the General Prosecutor of the Republic of Kazakhstan № 93 of August 31, 2017 |
Rules for Conducting Interdepartmental Research Studies in the Field
of Law Enforcement, their coordination and monitoring
Chapter 1. General provisions
1. These Rules Conducting Interdepartmental Research Studies in the Field of Law Enforcement, their coordination and monitoring (hereinafter referred to as the Rules) determine the procedure for conducting interdepartmental scientific research in the field of law enforcement, their coordination and monitoring.
2. The following basic concepts are used in these Rules:
1) entities of interdepartmental scientific research (research entities) - educational organizations, scientific institutions and structural units of law enforcement bodies of the Republic of Kazakhstan;
2) scientific result - a product of scientific activity (scientific product), containing new knowledge or solutions to a specific problem of law enforcement and recorded on any information medium that may include regulatory legal, organizational, methodological, information-analytical, educational, scientific and other materials that have received approval of the Scientific and Methodological Council of the Academy of Law Enforcement Agencies under the General Prosecutor's Office of the Republic of Kazakhstan (hereinafter referred to as the SMC of the Academy);
3) applied research - an activity aimed at obtaining and applying new knowledge to achieve practical goals and solve specific problems of law enforcement;
4) interdepartmental research work in the field of law enforcement (IRW) - the work carried out by an interdepartmental working group related to the scientific search, research, experiments in the field of law enforcement in order to expand existing and obtain new knowledge, test scientific hypotheses, establish patterns of social and legal phenomena, scientific generalization, scientific substantiation of projects, including regulatory legal acts;
5) coordination of interdepartmental scientific research in the field of law enforcement - activities aimed at interaction of all subjects of scientific and (or) scientific and technical activities in the field of law enforcement in order to improve research work and increase the effectiveness of law enforcement agencies;
6) monitoring of interdepartmental scientific research in the field of law enforcement - systematic observation, collection, synthesis, analysis, evaluation, registration of data on ongoing interdepartmental scientific research to ensure the quality of the IRW and achieve the planned result.
7) strategic research - fundamental or applied research aimed at solving strategic problems of law enforcement;
8) fundamental research - theoretical and (or) experimental research aimed at obtaining new scientific knowledge about the basic laws of the development of nature, society, man and their relationship.
Footnote. Paragraph 2 as amended by the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).3. These Rules shall apply to all types of interdepartmental scientific research (hereinafter referred to as “the ISR”) of the law enforcement bodies of the Republic of Kazakhstan, with the exception of studies containing information constituting state secrets.
4. Types of the ISR: applied, fundamental and strategic.
5. The Academy of Law Enforcement Agencies under the General Prosecutor's Office of the Republic of Kazakhstan (hereinafter referred to as the Academy) is the coordinator of the Ministry of International Relations in the field of law enforcement.
Chapter 2.
Cooperation of the Academy with law enforcement agencies and their
departmental scientific institutions and educational organizations
Footnote. Title of the chapter 2 in the wording of the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
6. The cooperation of the Academy with the entities of research shall be carried out through:
1) formation of a unified scientific policy in the field of law enforcement;
2) organization and implementation of scientific, scientific and methodological, analytical and information support for the activities of law enforcement bodies of the Republic of Kazakhstan;
3) conducting joint fundamental, applied and strategic scientific research on topical issues of the activities of law enforcement bodies of the Republic of Kazakhstan;
4) making suggestions for improvement, the formation of promising and priority areas of scientific research, normative legal regulation of scientific activity.
7. The main forms of cooperation shall be:
1) participation in the SMC of the Academy;
2) participation in the work of the interdepartmental working group;
3) conducting joint scientific, practical and scientific-methodological events;
4) joint use of material and technical resources (laboratories, training grounds, classrooms, conference rooms, equipment and special equipment, etc.), software;
5) mutual exchange of analytical and reporting materials, the provision of information upon request, taking into account the restrictions provided for by the law on state secrets.
8. The results of cooperation shall be the preparation of eligibility guidelines, training, teaching and reference manuals, collections, other scientific publications, analytical documents, draft legal acts and other materials.
Chapter 3. Conducting interdepartmental research studies
9. The procedure for conducting the ISR shall be a set of steps and actions to be performed to achieve the final result of research.
10. The procedure for conducting the ISR shall consist of the following steps:
1) preparatory stage;
2) research stage;
3) final stage.
11. The preparatory stage shall include identifying the problems of practice, choosing a research topic, hypothesizing, researching conditions and resource possibilities, forming a pool of relevant research topics, approving a research topic, forming an interagency working group.
Types of work to be performed during the preparatory stage of the ISR:
1) analysis of legislation, law enforcement practice, scientific work in the context of the Republic of Kazakhstan, near and far abroad, in order to identify problems of law enforcement practice and its structuring, key problems and a number of components are identified, research topics and issues to be investigated are formulated;
2) analysis of the publications in the media, program documents, instructions of the Head of State, the Presidential Administration of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, materials of the Coordination Council for Law Enforcement and the Fight against Crime, other advisory boards of law enforcement and state bodies, decisions of collegiums, meetings of the prosecution authorities for the purpose of selection of a research topic;
3) the object, subject, goal and objectives of the study are determined to build the hypothesis of the study;
4) for the study of conditions, resource capabilities (personnel, financial, regulatory legal, material and technical) the following shall be carried out:
determination of the workplace, necessary equipment, software, supplies;
preparation of the study budget (scientific business trips, services of third-party organizations and persons, including national and foreign experts, scientific consultants, expenses for scientific and organizational support, acquisition of materials and equipment, rent, etc.);
development of a research study program containing a schedule (indicating specific activities, responsible executors, deadlines and completion forms);
5) in order to formulate a pool of relevant research topics, the Academy shall study the proposals of law enforcement bodies of the Republic of Kazakhstan, presented in form, in accordance with Appendix 1 to these Rules;
6) to approve the topic of MRM annually in the fourth quarter, no later than December 25, a meeting of the SMC of the Academy shall be organized and held, research subjects shall be informed about the results of the SMC.
Footnote. Paragraph 11 as amended by the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).12. The research stage shall include the stages of the methodological preparation of the study, the study and presentation of the results.
13. The stage of methodological preparation of interdepartmental scientific research shall include:
1) the organization of a number of conditions for conducting research, such as the organization of the workplace and research environment;
2) preparation of the appropriate situation, equipment, instruments, tools, instruction;
3) an assessment of the features of the empirical and experimental base;
4) preparation of questionnaire forms, programs and observation materials (in any form).
14. The stage of conducting interdepartmental research shall include:
1) collection and systematization of research materials, refinement of the conceptual apparatus, construction of the logical structure of the theoretical part of the study;
2) analysis of statistical data, generalization of legal acts, the practice of combating crime and the prevention of offenses, materials of civil, administrative and criminal cases, prosecutorial checks on the application of legislation, foreign experience, the results of previously conducted sociological studies;
3) business trips to scientific organizations or territorial divisions of law enforcement agencies of various regions of the country and abroad;
4) conducting questionnaires, sociological surveys and summarizing the data obtained;
5) the organization and conduct of experimental work (if necessary);
6) the organization and conduct of meetings of the research group (team of authors), interdepartmental working groups, SMC of the Academy;
7) the preparation of information-analytical, methodological and scientific materials, proposals for improving the regulatory framework and law enforcement practice;
8) preparation of an interim report on the IRW (analysis of the current situation, problems in the context of national and foreign) practices, proposals of a normative and organizational nature, conclusions on the continuation of the study, either its partial or full termination, or the determination of new directions).
15. The stage of registration of the results shall include approbation and implementation of research results, generalization and comparison with the results of testing.
16. Testing and implementation of research results shall be carried out by:
1) holding conferences, round tables and other scientific events;
2) scientific advice, peer-review and publication of scientific articles, including in international publications;
3) use in norm-setting, educational process and practical activities, as well as in the scientific and methodological support of the process of implementation of the results.
17. When summarizing the results and comparing them with the results of approbation, a final report on the IRW (in any form) shall be compiled and scientific, methodological or educational publications shall be developed.
18. After reviewing the results of the ISR at a meeting of the SMC of the Academy and obtaining approval, the results shall be sent for implementation in:
1) the practical activities of law enforcement and other state bodies, organizations;
2) the educational process;
3) rule-making activities.
19. The main forms of implementation of scientific results:
1) the application in practice of law enforcement and other bodies, departments;
2) use by employees in the performance of their duties;
3) use in the educational process;
4) preparation of guidelines, manuals, monographs and thematic memos.
5) use in the preparation of draft regulatory legal acts of the Republic of Kazakhstan;
6) use in the preparation and implementation of departmental and other programs;
7) use in preparation and adoption of departmental acts of law enforcement bodies of the Republic of Kazakhstan.
20. Scientific products, as a result of the ISR shall be distributed in the following ways:
1) publication in departmental periodicals, on the websites of law enforcement agencies and research entities;
2) placement in the information funds of scientific and technical information of the republican, departmental or regional levels, the interdepartmental scientific and information system of the Academy in the manner determined by law enforcement agencies, and its replication for specific consumers;
3) testing of scientific results at scientific conferences, seminars, round tables, meetings, visiting sessions, reading conferences on monographs and study guides.
21. The entities which conducted the study shall be responsible for the implementation of the ISR results.
22. The implementation of the ISR results in the educational process, practical and norm-setting activities shall be documented in an act in the form in accordance with Appendix 2 to these Rules.
23. The final stage of research shall be to evaluate the results of the study at a meeting of the SMC of the Academy.
The results of the ISR shall be considered at a meeting of the Academy of the SMC, based on the results of the discussion, a decision shall be made to recognize the research plan as fulfilled or not implemented.
24. In case of fulfilment of the research plan, the research report shall be sent to educational organizations, scientific institutions and structural units of the law enforcement bodies of the Republic of Kazakhstan.
25. The deadlines for the implementation of planned activities for each stage of the ISR shall be set in the study work program, the draft of which is considered at a meeting of the Academy of the SMC and approved by the Academy rector.
The terms of the ISR may not be established for less than one year and more than three years. The terms of research may be extended by the leadership of the Academy on the basis of a reasoned report by the head of the interdepartmental working group.
Chapter 4. Procedure for monitoring of interdepartmental research
26. According to the Academy's request, for monitoring MRM, law enforcement agencies and their departmental scientific institutions and educational organizations shall send the results of MRM (reflecting information on indicators of scientific research), final reports on MRMR, research materials and implementation acts to the Academy by January 25.
Footnote. Paragraph 26 - in the wording of the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).27. In the course of monitoring, the effectiveness of the ISR shall be evaluated as an indicator of achieving a scientific result in the relevant law enforcement sphere.
28. The effectiveness of the MRM shall be determined on the basis of summation of the rating system scores according to the MRM indicators measured in the table, in accordance with Annex 3 to this Rules.
Footnote. Paragraph 28 - in the wording of the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).29. MRM shall be monitored annually by the Academy in the first quarter, no later than March 25.
Footnote. Paragraph 29 - in the wording of the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).30. Based on the results of the monitoring of the research institutes, the Academy shall draw up a statement reflecting the information on the indicators of the research institutes, information on the appropriateness of further research or the completion of a research project, other information, including suggestions aimed at improving research.
31. The monitoring results shall be considered at a meeting of the Academy's SMC in the second quarter, which shall assess the effectiveness of research conducted, the work of copyright teams or individual performers.
Based on the results of the meeting, the SMC of the Academy shall make the following decisions:
1) on continuation of the study;
2) on termination of work on the study;
3) on the termination of certain areas of research;
4) on the need to introduce new areas of research or new research topics;
5) on measures to improve the current legislation governing the activities of law enforcement bodies of the Republic of Kazakhstan;
6) on measures to increase the effectiveness of research;
7) on carrying out explanatory and informational events on the obtained research results;
8) on the implementation of research results in practical, norm-setting activities and the educational process;
9) other decisions aimed at improving scientific activity and law enforcement practice.
Footnote. Paragraph 31 as amended by the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).33. The results of MRM monitoring shall be posted on the official website of the Academy within 5 (five) days after the approval at the meeting of the SMC of the Academy.
Footnote. Paragraph 33 - in the wording of the order of the Prosecutor General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).33. The results of monitoring of the ISR shall be posted on the official website of the Academy.
| Appendix 1 to the Rules for Conducting Interdepartmental Research Studies in the Field of Law Enforcement, their coordination and monitoring Form |
Pool of relevant research topics
1 | Suggested research topic | |
2 | Justification of the relevance of the study (applied, fundamental, strategic) | |
3 | Purpose and objectives of the study (indicate what specifically needs to be developed and what issues to explore) | |
4 | Type of output (expected) results | |
5 | Practical purpose of the research results (for which departments, categories of employees) |
Act
on introduction of ___________________
Commission composed of (chairman), ___________________________________________
(head of the institution, independent unit, surname, name, patronymic name
(in its existence), academic rank / degree, military rank, class rank)
__________________________________________________________________________
(members of the commission) _________________________________________________
(members of the commission: heads of departments, employees from among
__________________________________________________________________________
the teaching staff)Has compiled this act that prepared
__________________________________________________________________________
(indicate the data of the developer, unit and name of the implemented materials)
applied ____________________________________________________________________
(indicate where specifically, discipline, topic, etc.)
This implementation is provided for in paragraph ___ of the Plan ____ for 20___ .
(when implemented in excess of the plan, indicate the initiator).
Chairman of the Commission _____________________
Members of the Commission _____________________
_____________________
_____________________
Stamp here
| Annex 3 to the Rules for holding of the interdepartmental scientific research in the field of law-enforcement, their coordination and monitoring |
Table of indicators of interdepartmental scientific research
Footnote. The table of indicators - in the wording of the order of the Attorney-General of the RK dated 23.12.2020 № 156 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
№ | Indicator (including materials prepared and used in the ongoing study) | Point | Note |
Composition of the author's team | |||
1. | Law enforcement officers | 5 | |
2. | Representatives of state bodies | 3 | |
3. | Members with levels of the author's team (per unit) | 5 | |
4. | Foreign members of the author's team (per unit) | 5 | |
Publication of scientific works (per unit): | |||
5. | Collection of criminological forum, round table | 10 | |
6. | Dissertation, methodological recommendations | 20 | |
7. | Monograph, manuals | 40 | |
Scientific article (per unit): | |||
8. | In Kazakh publications | 3 | |
9. | In publications of CIS member states | 4 | |
10. | In a foreign edition | 6 | |
11. | Publications recommended by the Ministry of Education and Science of the Republic of Kazakhstan for publication of the main results of scientific activities | 10 | |
12. | In international publications included in the RSCI base | 15 | |
13. | In international publications included in the Web of Science Core Collection, Science Citation Index Expanded, Social Sciences Citation Index, Scopus | 20 | |
Scientific activities | |||
14. | Participation in international conferences, round tables, seminars on scientific research (per unit) | 3 | |
15. | Participation in conferences, round tables, seminars on scientific research (per unit) | 2 | |
16. | Organization and holding of a conference, round table, scientific seminar, etc. (per unit) | 10 | |
17. | Organization and holding of a conference, round table, scientific seminar with the participation of experts from CIS member states | 15 | |
18. | Organization and holding of scientific events (conferences, round tables, scientific seminars, etc.) with the participation of foreign experts | 20 | |
Use of practical information: | |||
19. | Results of the analysis of civil, administrative and criminal cases | 3 | |
20. | Holding and summarizing the results of interviews, scientific experiments, modeling | 10 | |
Implementation of the results of interdepartmental scientific research | |||
21. | To the educational process | 5 | |
22. | In the practice of law enforcement agencies | 20 | |
23. | Into rulemaking | 40 | |
Total number of points | |||
Low point: | |||
