Unofficial translation
Footnote. Became invalid by the Order of the Prosecutor General of the Republic of Kazakhstan dated 08.01.2021 No. 1 (effective after ten calendar days after the date of its first official publication).In order to implement sub-paragraphs 3) and 5) of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan dated December 22, 2003 "On state legal statistics and special accounts", guided by sub-paragraph 6) of Article 37 of the Law of the Republic of Kazakhstan dated June 30, 2017 "On Prosecutor's office", I ORDER:
1. To approve the Instruction for providing legal statistical information according to Appendix 1 to this order.
2. To recognize as invalid some orders of the General Prosecutor of the Republic of Kazakhstan in accordance with Appendix 2 to this order.
3. The Committee for legal statistics and special accounts of the General Prosecutor's office of the Republic of Kazakhstan (hereinafter-the Committee) shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, sending it to the Republican state enterprise on the right of economic management "Institute of legislation and legal information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the General Prosecutor's office of the Republic of Kazakhstan;
4) sending this order to the interested subjects of legal statistics and special accounts for information, to territorial bodies of the Committee for execution.
4. Control over execution of this order shall be assigned to the Chairman of the Committee.
5. This order shall be enforced upon expiry of ten calendar days after its first official publication.
|
General Prosecutor of the Republic of Kazakhstan |
G. Nurdauletov |
| Appendix 1 to the order of the General Prosecutor of the Republic of Kazakhstan № 25 dated April 15, 2019 |
Instructions for providing legal statistical information
Chapter 1. General provisions
1. This instruction is developed in accordance with sub-paragraphs 3) and 5) of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan dated December 22, 2003 "On state legal statistics and special accounts" (hereinafter-the Law) in order to provide legal statistical information to state bodies, information-reference services for the individuals and legal entities.
2. The main concepts used by this Instruction:
1) Log-journal– a journal, that records certain actions of the user or the program on the server;
2) information service-automated information system "Information service";
3) Administrator-the Committee for legal statistics and special accounts of the General Prosecutor's office of the Republic of Kazakhstan;
4) legal statistical information – data, provided by the subjects of legal statistics and special accounts to the authorized body for use for statistical purposes;
5) subjects of legal statistics and special accounts (hereinafter-subjects) – law enforcement, judicial and other state bodies and organizations, as well as the persons who, in accordance with the legislation of the Republic of Kazakhstan, provide legal statistical information to the authorized body for the purposes of state legal statistics, conducting special accounts, studying and analyzing documented information used in criminal-legal, civil-legal, administrative-legal spheres;
6) bodies of legal statistics and special accounts – the Committee for legal statistics and special accounts of the General Prosecutor's office of the Republic of Kazakhstan and its territorial bodies;
7) an official – a person who permanently, temporarily or by special authority performs the functions of a representative of the government or performs organizational-regulatory or administrative-economic functions in state bodies;
8) Internet-portal of open data of the Prosecutor's office bodies - a component of the "e-government" web-portal that provides centralized storage of descriptive and reference information on open data;
9) request – a request in written form, including in the form of an electronic document, on provision of legal statistical information for the issues of personal and public interest;
10) information with restricted access – information classified as state secrets, personal, family, medical, banking, commercial and other secrets protected by the law, as well as official information marked "For official use".
Chapter 2. Ways for providing legal statistical information
3. Legal statistical information is provided in the following ways:
1) on the request;
2) placing open data of the "e-government" web- portal on the Interne-portal;
3) sending electronic collections of legal statistical information to state bodies;
4) placement on the Administrator's information service;
5) placement on the official website (Internet-resource) of legal statistics and special accounts.
Paragraph 1. Providing legal statistical information on the request
4. Information on the request is provided free of charge.
5. Information within the existing indicators of reports and details of information accounting documents is provided on the request.
6. The request on behalf of the state body is signed by its head, the person substituting him/her (in accordance with distribution of official duties established in this body), or another authorized official of this body.
The procedure for reception, registration of applications of individuals and legal entities, terms of their consideration by the state body are determined by Articles 7 and 8 of the Law of the Republic of Kazakhstan dated January 12, 2007 № 221 "On the procedure of consideration of applications of individuals and legal entities".
7. The request is sent through the Unified electronic document management system of state bodies.
The request is sent by the Prosecutor's office bodies through the unified information-analytical system of the Prosecutor's office bodies of the Republic of Kazakhstan "Kadagalau".
Oral requests and requests received through other communication channels, including systems for sending and receiving messages (messengers), requests of information contained in available information systems and other open sources of information, requests for copies (screenshots) of information accounting documents, documents and forms of primary accounting in accordance with Article 9 of the Law remain without consideration by the bodies of legal statistics and special accounts,.
8. The request specifies the required information with indication of its unit (crime, offense, criminal case, person), as well as the period for which statistical data are requested.
Paragraph 2. Placement of legal statistical information on the Internet-portal
f open data of the "e-government" web- portal
9. Legal statistical information is placed on the Internet-portal of open data of the "e-government" web-portal according to the List, approved by the order of the General Prosecutor of the Republic of Kazakhstan dated January 29, 2016 № 22 "On approval of the list of open data placed on the Internet-portal of open data of the Prosecutor's office bodies of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts № 13343, (hereinafter-order № 22)).
10. The rules and format of open data placed by state bodies on the Internet-portal of open data were approved by the order № 86 of the acting Minister for Investment and Development of the Republic of Kazakhstan dated January 26, 2016 "On approval of Criteria for assigning electronic information resources to open data placed by state bodies on the Internet-portal of open data, as well as the Rules and format of their presentation" (registered in the Register of state registration of regulatory legal acts № 13231).
Paragraph 3. Sending of electronic collections of legal statistical information
11. Electronic collections of legal statistical information (hereinafter-the collection) are sent to state bodies in accordance with Appendix 1 to this Instruction by the bodies of legal statistics and special accounts.
12. Bodies of legal statistics and special accounts send quarterly by the 14th day of the month following the reporting period, in electronic format collections:
1) on crime and the results of activities of law enforcement bodies and courts in the Republic of Kazakhstan;
2) on corruption crimes and offenses in the Republic of Kazakhstan;
3) on offenses related to illegal trafficking of narcotic drugs, psychotropic or poisonous substances, precursors, analogues and persons who use them in the Republic of Kazakhstan;
4) on the work of the courts of the Republic of Kazakhstan;
5) on the state of Prosecutor's supervision in the Republic of Kazakhstan.
13. The bodies of legal statistics and special accounts based on the results of half-year and year to the 14th day of the month following the reporting period, in electronic format, send a collection on the results of criminal prosecution bodies of the Republic of Kazakhstan.
If the end of the term falls on a non-working day (weekend, holiday), then the last day of the term shall be considered the first working day following it.
Paragraph 4. Placement of legal statistical information on the
Administrator's information service
14. Bodies of legal statistics and special accounts place legal statistical information on the information service of the Administrator according to the list and within the terms according to Appendix 2 to this Instruction.
15. Access to the Administrator's information service is free for the Internet users at the following e-mail address "http://qamqor.gov.kz/".
Legal statistical information is placed in the tab "Legal statistics" of the Administrator's information service.
16. Access to legal statistical information placed on the Administrator's information service is provided for the subjects through the Unified transport environment of state bodies.
Paragraph 5. Placement of legal statistical information on the official website
(Internet – resource) of the bodies of legal statistics and special records
17. Legal statistical information is placed in the section "Activity of the Committee (management)" in the tab "Analytical activity" on the official site (Internet-resource) of bodies of legal statistics and special accounts.
18. Filling the Internet resource of bodies of legal statistics and special accounting is carried out in accordance with the order № 22 and the order № 116 of the acting Minister for Investment and Development of the Republic of Kazakhstan dated January 28, 2016 "On approval of the Rules for information filling of Internet-resources of state bodies and requirements for their content" (registered in the Register of state registration of regulatory legal acts №13262).
| Appendix 1 to the Instruction for providing | legal statistical information List of electronic collections of legal statistical information |
Name of collections of legal statistical information | General Prosecutor's office of the Republic of Kazakhstan (hereinafter-RK) | Administration of the President of the RK | Constitutional Council of the RK | The Senate of the Parliament of the RK | |||||||
Leadership | Office of the General Prosecutor | Services | Law enforcement Academy | The Committee for legal statistics and special accounts | |||||||
criminal prosecution | on supervision of legality of sentences that have entered into force and their execution | on protection of public interests | of special prosecutors | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
On crime and the results of activities of law enforcement bodies and courts in the Republic of Kazakhstan | 7 | 1 | 1 | 1 | 1 | 1 | 1 | 5 | 1 | 1 | 1 |
On corruption crimes and offenses in the Republic of Kazakhstan | 7 | 1 | 1 | 1 | 1 | 1 | 5 | 1 | 1 | 1 | |
On offenses related to illegal trafficking of narcotic drugs, psychotropic or poisonous substances, precursors, analogues and persons who use them in the Republic of Kazakhstan | 7 | 1 | 1 | 1 | 5 | 1 | 1 | ||||
On the work of the courts of the Republic of Kazakhstan | 7 | 1 | 1 | 1 | 1 | 1 | 5 | 1 | 1 | 1 | |
On the results of activity of criminal prosecution bodies of the Republic of Kazakhstan | 7 | 1 | 1 | 1 | 1 | 5 | 1 | 1 | 1 | ||
On the state of Prosecutor's supervision in the Republic of Kazakhstan | 7 | 2 | 1 | 1 | 1 | 1 | 1 | 5 | 1 | 1 | 1 |
Continuation of the table
Majilis of the Parliament of the RK | Office of the Prime- Minister of the RK | Council for Security of the RK | Supreme Court of the RK | РК Committee for national security of the RK | Ministry of Internal Affairs of the RK | Ministry of Justice of the RK | National anti-corruption bureau of the Agency for civil service affairs and anti-corruption | Committee for financial monitoring of the Ministry of Finance of the RK | Ministry of Defence of the RK | Service of state security of the RK | Foreign intelligence service "Syrbar" of the RK |
13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
1 | 1 | 1 | 1 | 1 | 1 | 1 | |||||
1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | ||||
1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | ||
1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
| Appendix 2 to the Instruction for providing legal statistical information |
List of legal statistical information placed on the Administrator's information service
№ | List of legal and statistical information | The term of placement |
1. | Form of the report № 1-M "On registered criminal offenses" | Monthly by the 5th day of the month following the reporting period |
2. | Form of the report № 1-N "On offenses related to illegal trafficking of narcotic drugs, psychotropic and poisonous substances, precursors, their analogues and material evidences on criminal cases" | Quarterly by the 12th day of the month following the reporting period |
3. |
Form of the report № 1-P "On registration and accounting of acts on appointment of inspections, carried out by state bodies of the Republic of Kazakhstan" | Quarterly by the 10th day of the month following the reporting period |
4. | Form of the report № 1-OL "On consideration of appeals of individuals and legal entities" | Monthly by the 12th day of the month following the reporting period |
5. |
Form of the report № 1-E "On work of criminal prosecution bodies" | Monthly by the 10th day of the month following the reporting period |
6. | Form of the report № 1-AD "On the results of consideration of cases on administrative offenses by the authorized bodies" | Quarterly by the 20th day of the month following the reporting period |
7. |
Form of the report № DTP-1 "On persons injured in road accidents" | Monthly by the 7th day of the month following the reporting period |
8. | Form of the report "On supervisory activity of the Prosecutor" | Quarterly by the 10th day of the month following the reporting period |
9. |
Form of the report № 1 "Report on the work of the courts of first instance in consideration of criminal cases" | Quarterly by the 10th day of the month following the reporting period |
10. |
Form of the report № 2 "Report on consideration of civil cases by the courts of first instance" | Quarterly by the 9th day of the month following the reporting period |
11. | Form of the report № 2-G "Report on consideration of complaints by the courts in cases of private prosecution" | Quarterly by the 10th day of the month following the reporting period |
12. |
Form of the report № 6 "Report on the work of courts of appeal for consideration of criminal cases" | Quarterly by the 10th day of the month following the reporting period |
13. |
Form of the report № 7 "Report on consideration of civil cases in the appellate instance" | Quarterly by the 9th day of the month following the reporting period |
14. | Form of the report № 10 "On the number of persons in respect of whom judicial acts were issued" | Quarterly by the 10th day of the month following the reporting period |
15. |
Form of the report № 11 "On the composition of the convicted, committed offences" | Quarterly by the 10th day of the month following the reporting period |
16. |
Form of the report № 12 "On the conviction of minors" | Quarterly by the 10th day of the month following the reporting period |
17. | Form of the report № 7-K "Report on consideration of civil cases in cassation instance" | Quarterly by the 9th day of the month following the reporting period |
18. |
Form of the report № 6-K "Report on the work of the cassation instance on consideration of criminal cases" | Quarterly by the 10th day of the month following the reporting period |
19. | Form of the report № 6A "Report on the work of courts of appeal on consideration of criminal cases of persons sentenced to death and life imprisonment" | Quarterly by the 10th day of the month following the reporting period |
20. |
Form of the report № 6Ka "Report on the work of the cassation instance on consideration of criminal cases against persons sentenced to death and life imprisonment" | Quarterly by the 10th day of the month following the reporting period |
21. | Form of the report № 4 "On the work on execution of judicial acts" | Quarterly by the 9th day of the month following the reporting period |
22. |
Form of the report № CIS-3 "On criminal offenses committed by foreign citizens and stateless persons, as well as in relation to them, on the territory of the CIS member states" | Quarterly by the 8th day of the month following the reporting period |
23. |
Form of the report № CIS-1 "Statistical information on the state of crime and the results of investigation of criminal offenses" | Quarterly by the 8th day of the month following the reporting period |
24. | Form of the report № 1-ET "On offences related to extremism and terrorism and the state of Prosecutor's supervision" | Quarterly by the 9th day of the month following the reporting period |
25. | Form of the report № 1-P "On the search of persons, hiding from inquiry, investigation, court, and also of the persons evading from serving punishment or conducting probation control, missing persons, lost contacts with relatives, debtors in the enforcement proceedings, the defendants on claims brought in the interests of the state, on recovering alimony, compensation for harm caused by injury or other damage of health or death of a breadwinner, as well as on the results of works on identification of corpses and persons who are not able to give identification data about themselves" | Monthly by the 5th day of the month following the reporting period |
26. | Form of the report № 3-K "On corruption crimes, persons who committed them, convicted persons, movement of criminal cases on corruption crimes and on the subjects of corruption offenses" | Monthly by the 9th day of the month following the reporting period |
| Appendix 2 to the order of the General Prosecutor of the Republic of Kazakhstan №25 dated April 15, 2019 |
To recognize as invalid:
1) the order of the General Prosecutor of the Republic of Kazakhstan dated December 8, 2004 № 938 "On approval of the Instruction for providing legal statistical information" (registered in the Register of state registration of regulatory legal acts № 3322);
2) the order of the General Prosecutor of the Republic of Kazakhstan dated March 11, 2007 № 6 "On amendments and additions to the order of the General Prosecutor of the Republic of Kazakhstan dated December 8, 2004 № 938 "On approval of the Instruction for providing legal statistical information" (registered in the Register of state registration of regulatory legal acts under
№ 4611);
3) the order of the General Prosecutor of the Republic of Kazakhstan dated September 24, 2014 № 94 "On amendments to the order of the General Prosecutor of the Republic of Kazakhstan dated December 8, 2004 № 938 "On approval of the Instruction for providing legal statistical information" (registered in the Register of state registration of regulatory legal acts № 9811, published on November 4, 2014 in the legal information system "Adilet").
