Unofficial translation
The Law regulates public relations in the scope of activity of the internal affairs bodies of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS Article 1. The internal affairs bodies of the Republic of Kazakhstan and their designation
1. Internal affairs bodies of the Republic of Kazakhstan (hereinafter – internal affairs bodies) shall be the law enforcement body designed for protection of life, health, rights and freedoms of human and citizen, interests of community and the state from security incidents, protection of public order and provision of public safety.
2. Interference in the activity of the internal affairs bodies upon carrying out of their powers by them shall be prohibited.
Article 2. Legal basis of the activity of the internal affairs bodies
1. The legal basis of the activity of the internal affairs bodies consists of the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied.
Article 3. Principles of the activity of the internal affairs bodies
The activity of the internal affairs bodies shall be carried out in accordance with the principles of the state service and special principles of the law enforcement service in the Republic of Kazakhstan.
Chapter 2. OBJECTIVES, COMPETENCE AND POWERS OF THE INTERNAL AFFAIRS BODIES Article 4. Objectives of the internal affairs bodies
1. The internal affairs bodies intended to serve to the nationality of Kazakhstan in purpose of provision of public safety shall carry out the following objectives:
1) prevention of infractions;
2) protection of the public order;
3) prevention of crime;
4) execution of criminal penalties and other criminal law measures, as well as administrative penalties;
5) Excluded by the Law of the Republic of Kazakhstan dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).2. The other objectives shall be imposed on the internal affairs bodies by the Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.
Footnote. Article 4 as amended by Laws of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication); № 58-VI dated 18.04.2017 (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 5. Competence of the internal affairs bodies
The internal affairs bodies in accordance with the legislation of the Republic of Kazakhstan within imposed objectives shall:
1) carry out the set of measures directed on detection, research, elimination of the reasons and conditions promoting the commitment of infractions;
2) carry out the set of measures on protection of public order;
3) exercise state control over road traffic and its safety;
4) carry out state control of turnover of the civilian and service weapons and ammunition to it;
5) carry out state control in the scope of security activity;
6) carry out protection of individuals and objects being subject to the state protection;
7) controls the state of anti-terrorist protection of objects vulnerable to terrorism;
8) implement the state policy in the field of citizenship and migration of the population;
8-1) excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication);8-2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication);
8-3) excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication);
8-4) ensures the fulfillment of obligations arising from international treaties on readmission ratified by the Republic of Kazakhstan;
8-5) carry out state control in the field of population migration within the competence;
9) carrying out production of identity documents as well as keeping of the National register of unique identification numbers;
10) carrying out of the license and permitting activity;
11) carry out the proceedings on cases on the administrative infractions;
12) carry out detection and investigation of criminal offenses;
13) carry out investigative activities and secret investigative actions;
14) carry out researches;
15) carry out search;
16) carry out realization of the state policy in the scope of turnover of narcotic drugs, psychotropic substances, precursors and countermeasure of their illegal turnover and their abusive acts;
17) carry out state protection of persons participating in the criminal process;
18) realize the state policy in the scope of penal activity, carry out the detention of persons in the special institutes of the internal affairs bodies;
19) render the state services;
20) carry out international cooperation;
20-1) is excluded by the Law of the Republic of Kazakhstan dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication);21) carry out the other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 5 as amended by Laws of the Republic of Kazakhstan № 233-V dated 04.07.2014 (shall be enforced from 01.01.2015); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 16.04.2018 № 147-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 13.05.2020 № 325-VІ (shall be enforced six months after the day of its first official publication); № 327-VІ dated May 13, 2020 (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII of (effective sixty calendar days after the date of its first official publication); dated 16.05.2024 № 82-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 6. Powers of the internal affairs bodies
1. Internal affairs bodies within their competence shall:
1) protect life, health, rights and freedoms of human and citizen from security incidents;
2) accept, register and consider applications or reports on accidents committed or preparing criminal or administrative infraction, inform an applicant party on made decision in the manner established by the legislation;
3) render assistance to the individuals injured from security incidents, accident and casualties as well as those being in helpless or other status being dangerous to their life and health;
4) carry out general, special and individual measures of prevention of infractions;
5) carry out the patrolling;
6) carry out the control for observance of the road traffic rules and regulations relating to the safety ensuring of the road traffic, regulate the road traffic;
7) to issue driver's licenses, state registration of vehicles by identification number and their records;
8) detect and suppress the administrative infractions, carry out proceedings on cases on the administrative infractions;
9) deliver persons in the medical organizations or the internal affairs bodies being in public places in a state of intoxication, affront to human dignity and the public morality;
10) carry out the search, detain and deliver persons in the special medical institutions avoiding from compulsory medical measures designated by the court decision;
11) deliver minors watchless children in the adaptation centers at the age from three to eighteen years, as well as children left without care of parents or persons substituting them;
12) provide the protection of public order upon performance of public events;
13) suppress mass riots, group insubordinations;
14) Excluded by the Law of the Republic of Kazakhstan dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication);15) carry out the state control of subjects engaged in security activity, assemblage, alignment and maintenance operations of facilities of the security alarm system and of the activity of specialized training centers on training and raising of qualification of employees holding positions of the head and guard in private security organization;
16) carry out protection of individuals and objects being subject to the state protection;
17) perform the supervision of persons, their things, and transport vehicles upon provision of the access regime on the objects being subject to the state protection;
18) issue the certificate of identity and passport of citizen of the Republic of Kazakhstan, the residence permit of a foreigner in the Republic of Kazakhstan, the certificate of a stateless person, form the unique identification numbers and keep the National register of the unique identification numbers;
19) ensure formation of the materials of citizenship, determine belonging (non- belonging) to the citizenship of the Republic of Kazakhstan;
20) carry out records of citizens of the Republic of Kazakhstan, their registration and de-registration at the place of residence, execution of documents on departure beyond the Republic of Kazakhstan for permanent place of residence;
21) take measures to suppress illegal immigration, register foreigners and stateless persons, monitor their compliance with the established rules for entry, exit, stay in the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan;
22) carry out fingerprint and genomic registration in accordance with the legislation of the Republic of Kazakhstan;
23) issue visas to foreigners and stateless persons to enter the Republic of Kazakhstan and leave the Republic of Kazakhstan, permits for temporary stay and permanent residence in the Republic of Kazakhstan;
24) to issue a travel document;
25) exercise control over the observance by individuals and legal entities of the established rules of circulation of civil and service weapons and ammunition, civil pyrotechnic substances and products with their use, narcotic drugs, psychotropic substances and precursors;
26) issue:
conclusions:
to individuals for import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan, single copies of civilian weapons and cartridges for it;
legal entities for:
compliance of civil and service weapons and ammunition for them with forensic requirements;
import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civil and service weapons and cartridges for it;
permissions:
individuals for the purchase, storage, storage and carrying, transportation of civilian weapons and ammunition for them;
legal entities for:
purchase, storage of civilian pyrotechnic substances and products with their use;
acquisition, storage, storage and carrying, transportation of civil and service weapons and cartridges for them;
opening and operation of shooting ranges (shooting ranges) and stands;
import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of narcotic drugs, psychotropic substances and precursors;
27) take measures on the disarmament and elimination of found explosive materials, ammunition and explosive devices;
28) to exercise state control over compliance with the requirements of the legislation of the Republic of Kazakhstan on countering terrorism in terms of ensuring anti-terrorist protection of objects vulnerable to terrorism, with the exception of military units and institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, objects of special state bodies, internal affairs of the Republic of Kazakhstan, as well as protected objects specified in Article 1-3 of the Law of the Republic of Kazakhstan "On the State Security Service of the Republic of Kazakhstan" (hereinafter - protected objects), and foreign institutions of the Republic of Kazakhstan;
28-1) to coordinate, keep records, store and (or) destroy passports of anti-terrorist security of objects vulnerable to terrorism, with the exception of passports of military units and institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, objects of special state bodies of the Republic of Kazakhstan, as well as passports of protected objects and foreign institutions of the Republic of Kazakhstan;
29) take part in performance of anti-terrorist operations and security measures;
30) detect, prevent, suppress and disclose criminal offenses, as well as by performance of operational investigative measures;
31) detain the persons committing the criminal or administrative infractions;
32) establish the reasons and conditions promoting the commitment of criminal offenses, to take measures directed to their elimination;
33) carry out the pretrial procedure on criminal cases;
34) search for persons who disappeared from the bodies of inquiry, investigation and court evading execution and serving a criminal punishment and other criminal law measures, execution of the court decision, missing persons;
35) execute judicial acts, requirements of judges, regulations, prescriptions and requirements of the prosecutor, as well as written instructions of the crime investigator, the interrogating officer in the course of pretrial proceeding in criminal cases;
36) render assistance to the officers of justice in compulsory execution of the enforcement documents;
37) take security measures in purpose of protection of life and health of the persons being subject to state protection, and their property;
38) detain persons in the special institutions of the internal affairs bodies, to provide their security and convoy;
39) perform judgments and court orders in relation of convicted persons, provide the observance of the order and conditions of serving the punishments, protection of the correctional system facility;
39-1) ensure the protection of a state psychiatric institution of a specialized type with intensive supervision in accordance with the procedure determined by the Ministry of Internal Affairs of the Republic of Kazakhstan together with the authorized body in the field of healthcare;
40) provide sanitary-epidemiological well-being and health of persons detained in the institutions of correctional system facility and in special institutions of the internal affairs bodies;
41) demand from persons held in correctional system facility, as well as those registered in probation services, performance of the duties assigned to them by the law and the court;
42) provide the legality, legal order in the institutions of correctional system facility;
43) provide own security;
44) provide the protection of details constituting the state secrets, and departmental control over the observance of secrecy order;
45) provide the observance of requirements of the informational safety;
46) provide protection of the personal details;
47) provide accumulation, preservation and record of documents of the National Archival Fund of the Republic of Kazakhstan and other document materials on the activity of the internal affairs bodies, to issue the archival letters to individuals and legal entities;
48) upon the request of the authorized body on financial monitoring to submit information from its own information systems in accordance with the legislation of the Republic of Kazakhstan on combating legalization (laundering) of proceeds from crime and financing of terrorism;
49) represent the details on criminal cases being in proceedings upon request of the authorized body in the scope of rehabilitation and bankruptcy that are initiated on the crimes against property of relation of debtors, recognized as bankrupts in manner is established by the Law or in relation of which the rehabilitation procedure is applied;
50) carry out the interdepartmental coordination of the activity on provision of public safety;
51) carry out the other obligations provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. The internal affairs bodies within their competence shall have a right to:
1) require from individuals and legal entities to comply with the legislation of the Republic of Kazakhstan to stop illegal activities, and also prohibit individuals from taking photographs and videotaping of employees of law enforcement agencies while performing their official duties during investigation in the area where the state of emergency is declared, or in the zone of counter-terrorist operation, in case of non-fulfillment of these requirements to apply appropriate coercive measures;
2) inspect the documents of individuals certifying their identity, as well as other documents being necessary for inspection of observance of the established rules, control for performance of which is imposed on the internal affairs bodies;
3) call individuals and representatives of legal entities in the internal affairs bodies on materials and cases being in proceeding, to receive their explanations and evidences, documents, their copies and upon non-appearance, to subject to bringing in the established manner;
4) request information from heads or other civil servants of objects being vulnerable in terrorist relation, regardless of forms of ownership on the performance of the requirements by them provided by the Law of the Republic of Kazakhstan "On countering terrorism";
5) request information from the subjects of security activity on the performance of the requirements by them provided by the Law of the Republic of Kazakhstan "On security activity";
6) make binding instructions, submissions on elimination of the reasons and conditions contributing commission of criminal or administrative offenses for individuals and legal entities;
7) establish cooperation on the publicly and privately basis with citizens for the implementation of the tasks imposed on the internal affairs bodies;
8) encourage citizens distinguished in the protection of public order;
9) suppress illegal forms of expression of public, group or personal interests and protests;
10) perform examination of persons with respect to establishing the fact of consumption of psychoactive substance and intoxication, and upon impossibility - deliver in medical institutions for the examination;
11) stop and search transport vehicles, suspend persons from driving of transport vehicles, prohibit the operation of transport vehicles, temporarily restrict or prohibit the movement of transport vehicles and pedestrians;
12) perform cordon of the sectors in location upon liquidation of the consequences of emergency situations, performance of the antiterrorist operations, security, mass, quarantine measures, detention of wanted persons, release of hostages, prosecution of persons suspected in commission of criminal or administrative offenses, inspection of details on detection of explosive materials, ammunition and explosive devices, poisonous and radioactive substances, suppression of mass disorders and other group activities threatening the security of individuals, livelihoods of the objects of infrastructure, disturbing public order;
13) perform screening of individuals, their belongings, transport vehicles and carried goods at the entrance (entry) of places of conducting security, public events, as well as with applying technical means, not to allow access for persons and transport vehicles with prohibited items and things to the places of their carrying out;
14) establish checkpoints during upon performance of operative-preventive, investigative and other special measures;
15) participate in quarantine, sanitary and anti-epidemic and environmental activities;
16) Excluded by the Law of the Republic of Kazakhstan dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication);17) use any form of transport (except for transport vehicles of the representatives of foreign states and international organizations with diplomatic immunity) for the prosecution of persons being suspected in commission of a criminal offense, the arrival to the place of accident, during the period of emergency or military situation in conditions of armed conflicts, upon liquidation of emergency situations, as well as for delivery of persons being in need of emergency medical care to health care organizations, if delay may pose a real threat to life or health of people, with compensation of material damage to owners in the case of its infliction in the manner determined by the Government of the Republic of Kazakhstan;
18) to check the places of development, production, repair, storage, use, destruction, trade, collecting and exhibiting of civil and service weapons and cartridges to them, their main components, civil pyrotechnic substances and products with their application;
19) use technical means for recording the facts of committing criminal or administrative offenses and actions of the employees of the internal affairs bodies;
20) to carry out measures to detain persons who have committed criminal or administrative offenses, evading execution and serving a criminal sentence and other criminal law measures;
21) deliver individuals for committing administrative offense to the internal affairs bodies;
22) detain military servants that committed criminal or administrative offenses, and send them to the military police commanders of military units or heads of local military administration;
23) seize weapons, ammunition, narcotic drugs, psychotropic substances and precursors, as well as other prohibited items or substances;
24) conduct special operations on detection, blocking, disposal and detention of criminals and persons committed grave and especially grave crimes, members of organized crime groups (communities), as well as on release of hostages;
25) to enter without hindrance, to examine residential and other premises, territories and land plots (except for representative offices of foreign states and international organizations with diplomatic immunity) while prosecuting suspects in committing criminal or administrative offenses evading execution and serving of criminal punishment and other criminal law measures, threatening the safety of individuals, or if there is sufficient data to believe that a criminal or an administrative offense, an accident has been committed or is committed, to ensure the personal safety of individuals and public safety in natural disasters, incidents, accidents, epidemics, epizootics and mass disorders;
25-1) in order to ensure the monitoring and control of persons registered in the internal affairs agencies, to check the availability and integrity of electronic tracking devices, to enter unhindered the living facilities where they live, on the territory and land plots (except for representative offices of foreign states and international organizations possessing diplomatic immunity), in production and other premises of organizations regardless of the form of ownership at their place of work or study;
26) restrict, temporarily prohibit the access or stay to individuals in dwelling places, in certain parts of place, if their presence poses a threat to human life and health, property objects, disrupts work of organizations, prevents movement of vehicles and pedestrians, as well as in cases of conducting operational-investigative measures, investigative actions and mass events;
27) use the documents of other state bodies and organizations for encrypting conspiratorial organizations, premises, transport vehicles, personality of employees and their departmental subordination;
28) conduct scientific and technical and other researches;
29) develop, use and improve departmental and administrative accountings;
30) take photo, to fingerprint, to produce a sound recording, film and video, to select biological, odor and other samples for registration on criminal records of suspected, accused persons, persons serving a sentence in the institutions of correctional system detained in the special institutions of the internal affairs bodies, registered on preventive record;
31) create, use and improve information systems, information and communication and telecommunication networks, communication networks;
32) detain persons in the territory adjoining to the institution of correctional system that committed the actions falling within the scope of administrative or criminal legislation, to deliver them to the internal affairs bodies and carry out their personal search;
33) inspect persons, their belongings, transport vehicles being in the territory of the institution of correctional system and territory adjoining to it, on which security requirements are established, as well as to seize prohibited items and documents, the list of which shall be established by legislation of the Republic of Kazakhstan;
34) to take to medical organizations for examination of persons held in institutions of the penal enforcement (penitentiary) system, in order to establish the fact of the use of a psychoactive substance and a state of intoxication;
35) temporarily restrict or prohibit movement of transport vehicles, not to allow citizens to the territory of the institution of correctional system and the territory adjoining to it or oblige them to stay or to leave it upon imposition of the regime of special conditions;
36) attract public and religious associations to activities of the correctional system in accordance with the legislation of the Republic of Kazakhstan;
37) deny in rendering of public services in accordance with the legislation of the Republic of Kazakhstan;
38) engage mass media for publicity of activity of the internal affairs bodies;
39) gratuitous air navigation service of aerial vehicles of the internal affairs bodies;
40) carry out collection and processing of personal data;
41) carry out the other rights provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
3. In case of violation of rights and freedoms of human and citizen, as well as legal interests of individuals and legal entities by servants, military servants and employees of the internal affairs bodies, the internal affairs bodies shall be obliged to restore these rights, to compensate inflicted damage, ensure bringing of guilty persons to responsibility in accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 6 as amended by Laws of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 343-V dated 02.08.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication); № 58-VI dated 18.04.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 84-VI dated 03.07.2017 (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated May 24, 2018 № 156-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 28.12.2018 № 208-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated November 25, 2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated December 27, 2019 № 292-VІ (the order of enforcement see Article 2); dated 30.12.2016 № 41-VI (shall be enforced from 01.01.2021); dated 13.05.2020 № 325-VІ (shall be enforced six months after the day of its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII of (effective sixty calendar days after the date of its first official publication); dated 16.05.2024 № 82-VIII (shall enter into force upon expiry of ten calendar days after its first official publication).Chapter 3. SYSTEM AND ORGANIZATION OF ACIVITY OF THE INTERNAL AFFAIRS BODIES Article 7. System of the internal affairs bodies
1. A single system of internal affairs bodies is formed by the police, the penitentiary system, military investigative bodies, the National Guard of the Republic of Kazakhstan.
2. Police is formed by criminal police, administration police subdivisions of investigation, inquiry and other subdivisions.
Criminal police consists of subdivisions on struggle with organized crime, extremism, and illegal turnover of narcotic drugs, psychotropic substances and precursors, other subdivisions carrying out operational-investigative activity.
The administrative police consists of the local police service, divisions for control over the circulation of civilian and service weapons, the migration police, the escort service, special institutions and other divisions that maintain public order.
3. The internal affairs bodies consist of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Internal Affairs), departments, territorial police bodies, as well as organizations subordinate to the Ministry of Internal Affairs.
Territorial police bodies are police departments (departments of internal affairs) of regions, cities of republican significance, the capital, transport, city, district, district in cities, linear police bodies (internal affairs bodies), military investigative bodies.
4. The penitentiary system is formed by the department, its territorial bodies, the probation service and institutions executing punishments, other subordinate organizations.
5. Composition and organization of the activities of the National Guard are determined by the Law of the Republic of Kazakhstan "On the National Guard of the Republic of Kazakhstan".
5-1. excluded by the Law of the Republic of Kazakhstan dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).6. Establishment, reorganization and liquidation of the structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and organizations subordinated to the Ministry of the Internal Affairs shall be carried out by the Minister of Internal Affairs of the Republic of Kazakhstan (hereinafter - the Ministry of Internal Affairs).
Footnote. Article 7 as amended by Laws of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 275-V dated 10.01.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016); № 39-VI dated 30.12.2016 (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 8. Ministry of Internal Affairs
1. The Ministry of Internal Affairs is a central executive body of the Republic of Kazakhstan heading the unified system of the internal affairs bodies.
2. The Interior Ministry has a flag, a banner and a symbol. Departments of internal affairs of regions, cities of republican significance and the capital, in transport, departments of the penitentiary system of regions, cities of republican significance and the capital, as well as higher educational institutions of the Ministry of Internal Affairs have banners.
The description of the flag, banner and symbol of the Ministry of Internal Affairs, banners of territorial bodies and higher educational institutions is approved by the President of the Republic of Kazakhstan.
Footnote. Article 8 as amended by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 9. The Ministry of Internal Affairs
1. The Ministry of Internal Affairs shall be headed by the Minister of Internal Affairs appointed and dismissed from position by the President of the Republic of Kazakhstan.
2. The Minister of Internal Affairs shall:
1) carry out management of a single system of the internal affairs bodies;
2) establish the structure and staff size of the internal affairs bodies within the limit of staff size, approved by the Government of the Republic of Kazakhstan;
3) submit suggestions on a change of the limit of staff size of the internal affairs bodies for consideration of the Government of the Republic of Kazakhstan;
3-1) appoints to the post of head of the police department of the region, city of republican significance, the capital from among the police officers who are in the Presidential reserve of the leadership of law enforcement agencies of the Republic of Kazakhstan;
4) appoint, impose disciplinary sanctions and dismiss employees, military servants and employees of the internal affairs bodies;
5) encourage, as well as award departmental awards;
6) submit award recommendation for state awards to the President of the Republic of Kazakhstan;
7) submit nomination for the highest military and special ranks for servants and military servants of the internal affairs bodies to the President of the Republic of Kazakhstan;
8) submits a recommendation to the President of the Republic of Kazakhstan for appointment to the posts of Deputy Minister of Internal Affairs, Deputy Minister of Internal Affairs – Commander-in-Chief of the National Guard;
9) be account to the President of the Republic of Kazakhstan on activity of the internal affairs bodies;
10) on behalf of the Ministry of Internal Affairs, issue legal acts binding for the internal affairs bodies, within the competence – regulatory legal acts binding for other state bodies, individuals and legal entities;
11) delegate power to his (her) deputies, heads of structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and subordinated organizations;
12) represent the Ministry of Internal Affairs in state bodies and international organizations;
13) sign international treaties within the competence;
14) organize work on anti-corruption in the internal affairs bodies;
15) exercise other powers imposed on it by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 9 as amended by Law of the Republic of Kazakhstan № 275-V dated 10.01.2015 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated November 26, 2019 № 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 9-1. Local Police Service
1. The local police service consists of divisions of district police inspectors and their assistants, for juvenile affairs, for protection of women from violence, patrol police, environmental police and other divisions that carry out activities in the field of crime prevention, public order, traffic safety.
2. It is not allowed to involve employees of units of the local police service in the performance of tasks not provided for by the legislation of the Republic of Kazakhstan.
3. A local police inspector at least once a quarter reports to the population living in an administrative area on the territory of the corresponding administrative-territorial unit.
4. The district police inspector, when identifying causes or conditions conducive to the commission of offenses in the assigned administrative area, submits a recommendation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to individuals and legal entities about taking measures to eliminate such causes and conditions.
Footnote. Chapter 3 is supplemented by Article 9-1 in accordance with Law of the Republic of Kazakhstan № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.04.2019 № 249-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.06.2021 № 58-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Chapter 4. STATE REGULATION IN THE SCOPE OF ACTIVITY OF THE INTERNAL AFFAIRS BODIES Article 10. Competence of the Government the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) develop the main directions of state policy in the sphere of activities of the internal affairs bodies;
2) approve the provision of the Ministry of Internal Affairs;
2-1) Excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);2-2) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall come into effect upon expiration of ten calendar days after the day of its first official publication);
3) Excluded by the Law of the Republic of Kazakhstan dated 18.03.2019 № 237-VI (shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication);
4) Excluded by the Law of the Republic of Kazakhstan dated 24.11.2021 № 75-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication);
5) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication);
6) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
7) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
8) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
9) Is excluded by Law of the Republic of Kazakhstan № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
10) approve the rules of import, export, transit of narcotic drugs, psychotropic substances and precursors;
11) Excluded by Law of the Republic of Kazakhstan № 223-VII of 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);12) approve the rules of road traffic, the main provisions for admission of transport vehicles for operation, a list of operational and special services, transport of which is subject to equipping by special light and sound signals and painting according to special colour design schemes;
13) Excluded by Law of the Republic of Kazakhstan № 223-VII of 19.04.2023 (shall become effective ten calendar days after the day of its first official publication);14) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
15) approve the rules of using documents of other state bodies and organizations for encrypting conspiratorial organizations, premises, transport vehicles, personality of servants and their departmental subordination;
16) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);16-1) excluded by Law of the Republic of Kazakhstan № 223-VII of 19.04.2023 (shall become effective ten calendar days after the day of its first official publication);
17) Excluded by Law of the Republic of Kazakhstan № 223-VII of 19.04.2023 (shall enter into force ten calendar days after the day of its first official publication).
Footnote. Article 10 as amended by Laws of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 18.03.2019 № 237-VI (shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication); dated 24.11.2021 № 75-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication); № 223-VII of 19.04.2023 (shall enter into force ten calendar days after the day of its first official publication).
Article 11. Competence of the Ministry of the Internal Affairs
The Ministry of Internal Affairs shall:
1) analyze state and tendency of development of criminogenic situation in the Republic of Kazakhstan, develop and take measures on public safety ensuring;
2) ensure realization of state policy in the scope of road traffic safety;
3) ensure realization of state policy in the scope of turnover of civilian and service weapon and ammunition to it;
4) ensure realization of state policy in the scope of turnover of narcotic drugs, psychotropic substances and precursors, countering their illegal turnover and abuse;
5) ensures the implementation of the state policy in the field of citizenship, migration of the population;
5-1) ensure implementation of state policy in penal system;
6) ensure realization of a unified state personnel policy in the system of the internal affairs bodies;
7) organizes state control over compliance with the requirements of the legislation of the Republic of Kazakhstan on countering terrorism in terms of ensuring anti-terrorist protection of objects vulnerable to terrorism, with the exception of military units and institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, objects of special state bodies, internal affairs of the Republic of Kazakhstan, as well as protected objects and foreign institutions of the Republic of Kazakhstan;
8) organize protection of individuals and objects being subject to state protection;
9) organize the state control of the subjects engaged in security activity, assembling, commissioning and maintenance of security alarm means and of the activities of the specialized training centers on training and raising of qualification of employees holding positions of a head and guard in a private security guard organization;
10) organize special and military transportations;
11) organize and carry out the licensing and permitting activities in the internal affairs bodies;
12) carries out control over activities of special institutions of internal affairs bodies, as well as bodies and institutions of the penal system;
13) controls protection and escort of detainees held in custody, arrested and convicted persons;
14) organize training, raising of qualification and retraining of personnel for the system of the internal affairs bodies, as well as abroad on the basis of international treaties;
15) organize research activities in the system of the internal affairs bodies;
16) organize and carry out its own security in the internal affairs bodies;
17) organize the activity on safety ensuring of details constituting the state secrets, and carry out administrative control of observance of the secrecy regime in the internal affairs bodies;
18 ) organize development of dog service in the system of the internal affairs bodies;
19) ensure the functioning of a unified state system of documentation and organization of archiving in the internal affairs bodies;
20) carry out financial and material and technical support of the internal affairs bodies;
21) carry out legal support of the system of the internal affairs bodies, coordinate and ensure the protection of the interests of the internal affairs bodies in court, other state bodies;
22) ensure informational support of the activities of the internal affairs bodies;
23) carry out planning, organizing mobilization training in the system of the internal affairs bodies and its governance, ensure performance of imposed mobilization tasks and demands;
24) develops:
regulations on the Ministry of Internal Affairs;
traffic rules, basic provisions on the admission of vehicles to operation, a list of operational and special services, the transport of which is subject to equipment with special light and sound signals and coloring according to special color schemes;
the procedure for the formation of the State bullet jacket;
rules for the import, export, transit of narcotic drugs, psychotropic substances and precursors;
rules for the use of documents from other state bodies and organizations to encrypt conspiratorial organizations, premises, vehicles, the identity of employees and their departmental affiliation;
25) develops and approves:
structures and staff, including standard, staff standards, standards for the workload of employees and employees of law enforcement agencies;
the nomenclature of positions, qualification requirements for categories of positions in the internal affairs bodies;
provisions on structural subdivisions of the Ministry of Internal Affairs, departments, territorial bodies and organizations subordinate to the Ministry of Internal Affairs;
the rules for acquisition, storage, record keeping, use, transportation, destruction, import, export of civil pyrotechnic substances and products with their application;
the rules for the opening and operation of shooting ranges and stands;
the rules for the use of facilities and premises in the sphere of circulation of narcotic drugs, psychotropic substances and precursors;
a standard provision on a consultative and advisory body under the local executive bodies to promote the activities of bodies and institutions that execute criminal penalties and criminal law measures, as well as the organization of social and other assistance to persons who have served criminal sentences;
standard curricula and standard training plan for the training and professional development of employees occupying the posts of a head and a guard in a private security organization;
a form and sample of the document of a guard of a private security organization;
samples of uniform for employees holding the position of a security guard in a private security organization, and the procedure for wearing it;
a standard provision on consultative and advisory bodies under the territorial bodies of internal affairs;
the rules of activity of educational organizations of the law-enforcement bodies;
the rules for admission for training in the educational organization of the Ministry of Internal Affairs, implementing professional higher education programs;
the rules for admission to training in the educational organization of the Ministry of Internal Affairs, implementing professional programs of postgraduate education;
the rules for distribution of graduates of educational institutions of law enforcement bodies;
the rules of appropriation, elevation, confirmation, lowering and removal of class qualifications of employees and servicemen of the internal affairs bodies;
the rules of conduct of organizational and staff events in the system of internal affairs bodies;
the rules for implementation of preventive control for persons who are on the preventive registration in the internal affairs bodies;
the rules for reception, registration, storage and security in internal affairs of the seized, voluntarily surrendered, found weapons, ammunition, explosive materials;
the rules for appointing district police inspectors;
the rules for organization of the service of specialized security units of the internal affairs bodies;
the rules for implementation of operational and forensic activities in the internal affairs bodies;
the rules for organization of work of the operational management centers and the duty units of the internal affairs bodies;
the rules for establishment, use and improvement of departmental and operational records;
the rules of organization and tactics of conduct of general and special operational-search activities;
the rules for establishment, use and improvement of information systems, information and communication and telecommunications networks, communication networks;
the rules and instructions in penal activity area in accordance with the Criminal Executive Code of the Republic of Kazakhstan;
samples of a travel document;
rules for determining the legal status of persons located on the territory of the Republic of Kazakhstan, who are not citizens of the Republic of Kazakhstan and do not have evidence of their belonging to the citizenship of another state;
regulatory legal acts on organization of anti-terrorist protection of objects of the bodies of internal affairs of the Republic of Kazakhstan that are vulnerable in relation to terrorism;
criminalistic requirements and methods of testing of civil and service weapons and ammunition, rules for issuing conclusions on compliance with the criminalistic requirements of civil and service weapons and ammunition, as well as devices structurally similar to weapons;
regulations on state registration and registration of certain types of vehicles by vehicle identification number, training of drivers of motor vehicles, taking examinations and issuing driving licences;
jointly with the designated government body for the coordination of activities in the field of counter-terrorism, a model passport of anti-terrorist protection of facilities vulnerable to terrorism;
26) carry out international cooperation;
26-1) organizes and ensures the fulfillment of obligations arising from international treaties on readmission ratified by the Republic of Kazakhstan;
27) carry out the other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 11 as amended by Laws of the Republic of Kazakhstan № 233-V dated 04.07.2014 (shall be enforced from 01.01.2015); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication); № 58-VI dated 18.04.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 18.03.2019 № 237-VI (shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication); dated 13.05.2020 № 325-VІ (shall be enforced six months after the day of its first official publication); № 327-VІ dated 13.05.2020 (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 02.01.2021 № 405-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 24.11.2021 № 75-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official publication); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication); № 223-VII of 19.04.2023 (shall become effective ten calendar days after the date of its first official publication).Article 12. Competence of local executive bodies
1. Local executive bodies of oblasts, cities of republican significance, the capital shall:
1) organize provision of public security in the territory of oblasts, cities of republican significance, the capital jointly with the internal affairs bodies;
2) form an advisory body on promoting the activities of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on the organization of social and other assistance to persons that served the criminal punishments;
3) provide maintenance of administrative police staff numbers at the expense of regional budgets and the budgets of cities of republican status, the capital within the limits approved by the Government of the Republic of Kazakhstan;
4) ensure the maintenance, maintenance and repair of office premises, radio communication equipment, mobile and portable video recorders, vehicles, including the purchase of fuel and lubricants, as well as the costs of paying for utilities, electricity, heating and communication services of territorial bodies of internal affairs, with the exception of the costs of paying for e-mail services, video conferencing systems and video surveillance of the situational centers of the apparatus of territorial bodies, financed from the republican budget;
5) ensure local police inspectors by premises, equipped by furniture, means of communication for work on the served fields as well as transport vehicles;
6) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of local state administration;
2. Local executive bodies of districts, cities of oblast significance shall:
1) organize public security in the territory of the relevant administrative-territorial unit jointly with the internal affairs bodies;
2) organize meeting (congregation) of local community for assigning local police inspectors, taking into account the views of population of the administrative portion in the territory of the relevant administrative-territorial unit jointly with the internal affairs bodies;
3) form an advisory body on promoting the activities of bodies and institutions enforcing criminal penalties and measures of Criminal law, as well as on the organization of social and other assistance to persons that served the criminal punishments;
4) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of the local state administration;
Footnote. Article 12 as amended by Law of the Republic of Kazakhstan № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 13. Interaction, cooperation and public control
1. The internal affairs bodies shall carry out interaction with other state bodies, individuals and legal entities upon performance of objectives imposed on them.
2. State bodies, individuals and the legal entities shall have the right to render assistance to the internal affairs bodies.
Particular citizens may be involved in cooperation with the internal affairs bodies on a confidential basis in accordance with the Laws of the Republic of Kazakhstan upon their agreement. The forced cooperation shall be prohibited.
3. Cooperation of the internal affairs bodies with the relevant state bodies of foreign states and international organizations shall be carried out in accordance with the international treaties ratified by the Republic of Kazakhstan.
4. In order to increase public confidence in the activities of law enforcement bodies, the interaction with civil society institutions is carried out and a system of public control is applied. To implement the public control in accordance with the legislation of the Republic of Kazakhstan, the public monitoring commissions and the Public council are established.
The Ministry of Internal Affairs and its territorial bodies set up other consultative and advisory bodies for the purposes of:
rendering assistance to the bodies of internal affairs in ensuring transparency of their activities;
consideration of applications of individuals and legal entities against the actions of employees of internal affairs bodies that violate the norms of official ethics established by the legislation of the Republic of Kazakhstan;
and for other purposes stipulated by the legislation of the Republic of Kazakhstan.
Footnote. Article 13 as amended by Law of the Republic of Kazakhstan № 388-V dated 02.11.2015 (shall be enforced from 01.01.2016).Chapter 5. LEGAL STATUS OF SERVANTS, MILITARY SERVANTS AND EMPLOYEES OF THE INTERNAL AFFAIRS BODIES Article 14. Personnel of the internal affairs bodies
Personnel of the internal affairs bodies shall be composed of servants, military servants and employees.
Article 15. Personnel training for the internal affairs bodies
1. Training of personnel for the internal affairs bodies shall be carried out by the educational organizations of the Ministry of Internal Affairs and other educational organizations.
2. Initial vocational training, professional retraining and advanced training of the personnel of the internal affairs bodies are carried out in educational organizations of the Ministry of Internal Affairs, as well as in other educational organizations and institutions.
3. Servants, military servants and employees may obtain higher, postgraduate and additional professional education beyond the Republic of Kazakhstan.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 № 292-VІ (the order of enforcement see Article 2).Article 16. Legal regulation of labour of servants and employees of the internal affairs bodies
1. Labour relations of servants of the internal affairs bodies shall be regulated by the Labour Code of the Republic of Kazakhstan with the special aspects provided by the Law of the Republic of Kazakhstan “On law enforcement service”.
2. Labour relations of employees of the internal affairs bodies shall be regulated by the Labour Code of the Republic of Kazakhstan and the legislation of Republic of Kazakhstan on state service.
Article 17. Record of service in the internal affairs bodies
1. Order and conditions of recording service in the internal affairs bodies shall be determined by the Law of the Republic of Kazakhstan "On law enforcement service".
2. During the period of a military or state of emergency, an anti-terrorist operation, in the conditions of an armed conflict, during the liquidation of the consequences of emergency situations, it is allowed to involve an employee of the internal affairs bodies to perform the duties assigned to him: changing the working time regime, assigning additional duties to him, sending him to another locality, temporary transfer to another unit without changing the nature of the service, as well as the establishment of other special conditions and additional restrictions without the consent of the employee. The term of office of an employee of the internal affairs bodies in these cases is calculated as one day for three and a three-fold salary is paid.
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced ten calendar days after the date of its first official publication).Article 18. Restrictions linked with the service in the internal affairs bodies
Restrictions for employees of the internal affairs bodies conditioned by special aspects of law enforcement service shall be established by the Laws of the Republic of Kazakhstan.
Article 19. Powers of servants of the internal affairs bodies
1. Servants of the internal affairs bodies throughout the territory of the Republic of Kazakhstan, regardless of held position, time in case of appeal to them with the application or report on criminal or administrative infraction or in the case of his (her) direct detection shall be obliged to take measures on suppression of unlawful acts, rendering assistance to those being in need, protection of the place of occurrence, as well as to inform the nearest internal affairs bodies.
2. Head of structural subdivision on provision of the road safety of the Ministry of Internal Affairs is a chief state inspector on provision of the road safety by virtue of position.
3. Actions of servants of the internal affairs bodies that restrict the rights of individuals on a temporary basis shall be accompanied by the words: "In the name of the Law." Each person in this case shall be obliged to terminate dynamic actions, obey the requirements of the servant of the internal affairs bodies unquestionably and to execute his (her) instructions linked with performance of official duties.
4. Servants of the internal affairs bodies shall have the right to carry, keep and use special means, firearms and other weapon, to use physical force, including combat fighting techniques. Order for using special means, firearms and other weapon and physical force shall be determined by the Law of the Republic of Kazakhstan "On law enforcement service".
5. Upon realization of powers of the internal affairs bodies servants shall:
1) introduce themselves and present official identification upon applying to individuals;
2) inform the grounds of detention to a person after the detention, explain that he (she) has the right not to incriminate himself (herself) and close relatives, the right to one phone call and defence counsel;
3) inform close relatives about detention of the individual;
4) respect for the rights and legal interests of individuals, not to apply torture, violence, cruel, inhuman treatment as well as those degrading dignity, intentional infliction of physical pain and mental suffering. Compulsion of testimony and guilty plea in commission of criminal or administrative infraction shall be prohibited.
Article 20. Uniforms of servants of the internal affairs bodies
1. Servants of the internal affairs bodies shall be provided with uniforms on a gratuitous basis.
2. Pecuniary compensation shall be paid instead of uniforms for servants of the internal affairs bodies serving in positions of subdivisions, the list of which is determined by the Ministry of Internal Affairs.
3. Servants with seniority in the service in the internal affairs bodies of fifteen years and more, dismissed from the internal affairs bodies for retirement pension, health condition or personnel reduction, injured during performance of official duties and declared ineligible for service shall have the right to wear parade and dress uniform.
Chapter 6. SOCIAL WARRANTS OF SERVANTS OF THE INTERNAL AFFAIRS BODIES, THEIR FAMILY MEMBERS Article 21. Social warrants of servants of the internal affairs bodies, their family members
1. Special nature of service in the internal affairs bodies and responsibility of servants established by this Law shall be compensated by additional social rights and benefits.
2. Upon transfer and promotion on service of a servant of the internal affairs bodies linked with movement from one inhabited locality to another over a distance more than fifty kilometers, the installation allowance in amount of two month financial allowance shall be paid to a servant himself (herself) and a half of month financial allowance to each family member that moved together with him (her).
Upon transfer and promotion on service of a servant of the internal affairs bodies, he (she) shall be reimbursed for the transportation costs of up to ten tons of own property at the expense of the state, as well as for travel on rail, water, road transport, including family members that moved together with him (her).
Procedure for payment of monetary allowance, benefits and other payments shall be established by the Ministry of Internal Affairs.
The list of positions of servants of the internal affairs bodies having the right to installation allowance upon transfers and promotions on service, reimbursement for travel on transport and for the transportation of own property shall be determined by the Government of the Republic of Kazakhstan.
3. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).4. Local representative and executive bodies shall have the right to establish additional guarantees of social protection of servants of the internal affairs bodies not provided by this Law.
Note. In paragraph 2 of this article, family members of employees of internal affairs bodies are understood as: spouse (spouse), children in common or one of the spouse’s minor children (adopted, dependent or under guardianship); children (adopted, dependent or under guardianship) and children of spouse (spouse) studying in full-time educational institutions under the age of twenty-three; children with disabilities (adopted, dependent or under guardianship) and children with disabilities of the spouse (spouse) who have a disability under the age of eighteen; parents and parents of the spouse (spouse) who are dependent on the employee.
Dependent persons are recognized as family members of an employee of the internal affairs bodies who live at the expense of his income and do not have an independent source of income.
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 22. Housing rights of servants of the internal affairs bodies, their family members
1. An employee of the internal affairs body and members of his family who need housing, determined in accordance with Chapter 13-1 of the Law of the Republic of Kazakhstan "On Housing Relations", are provided with housing for the period of service at the expense of the state. Instead of providing service housing, an employee of the internal affairs bodies receives housing payments in the form of special monetary support at the expense of budgetary funds.
2. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).3. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).
4. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).
Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 01.04.2021 № 26-VII (shall be enforced from 01.01.2021); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).
Chapter 7. FINAL PROVISIONS Article 23. Financial and material and technical provision of the internal affairs bodies
Financial and material and technical provision of the internal affairs bodies shall be carried out at the expense of budget funds.
Article 24. Financial and material and technical provision of the military and investigation bodies
Financial and material and technical provision of the military and investigation bodies shall be carried out at the expense of budget funds allocated to the Ministry of the Internal Affairs. Service premises and communication means shall be presented at the place of dislocation at the expense of the Armed Forces of the Republic of Kazakhstan.
Article 25. Order of enforcement of this Law
1. This Law enters into force upon expiry of ten calendar days after the date of its first official publication.
2. The Law of the Republic of Kazakhstan dated 21 December, 1995 “On internal affairs bodies of the Republic of Kazakhstan” shall be considered to have lost force (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, № 23, Article 154; Bulletin of the Parliament of the Republic of Kazakhstan, 1997, № 7, Article 79; № 12, Article 184; 1998, № 17-18, Article 225; № 23, Article 416; № 24, Article 436; 1999, №8 Article 233, 247; № 23, Article 920; 2000, № 3-4, Article 66; 2001, № 13-14, Article 174; № 17-18 Article 245; № 20, Article 257; № 23, Article 309; 2002., № 17, Article 155; 2003, № 12, Article 82; 2004, № 23, Article 142; № 24, Article 154, 155; 2006, № 1, Article 5; № 3, Article 22; 2007, № 2, Article 18; № 3, Article 20; № 9, Article 67; № 10, Article 69; 2008, № 15-16, Article 61; 2009, № 8, Article 44; № 18, Article 84; № 19, Article 88; 2010 № 5, Article 23; № 7, Article 28, 32; № 8, Article 41; № 24, Article 149; 2011, № 1, Article 2, 3; № 2 Article 25, № 11, Article 102; № 12, Article 111; 2012, № 3, Article 26; № 4, Article 32; № 5, Article 35; № 8, Article 64; № 15, Article 97; 2013, № 1, Article 2,3; № 2, Article 8; № 9, Article 51; № 12, Article 57; № 14, Article 75; № 16, Article 83; № 23-24, Article 116; The Law of the Republic of Kazakhstan dated 7 March, 2014 “On amendments and additions in several legislative acts of the Republic of Kazakhstan on issues of rehabilitation and bankruptcy, tax” published in the newspapers "Yegemen Kazakhstan" and " Kazakhstanskaya Pravda" 15 March, 2014).
| The President | |
| of the Republic of Kazakhstan | N. Nazarbayev |
