Law enforcement authorities of the Republic of Kazakhstan: textbook 9786010436022

Citation preview

AL–FARABI KAZAKH NATIONAL UNIVERSITY _________________________________________________________________________________________________________________________________________________________

M. Samaldykov

LAW ENFORCEMENT AUTHORITIES OF THE REPUBLIC OF KAZAKHSTAN Textbook

Almaty «Qazaq University» 2018

UDC 347.7(075) LBC 67.404.3я73 S 19 Recommended for publication by the Academic Council of the International Relations Faculty and the editorial and publishing council Al-Farabi Kazakh National University (Protocol №7 dated 05.07.2018)

Reviewers: Member of NAS of Kazakhstan, doctor of law, professor S.N. Sabikenov Candidate of Law, docent Zh.M. Amanzholov

S 19

Samaldykov M. Law enforcement authorities of the Republic of Kazakhstan: textbook. – Almaty: Qazaq University, 2018. – 330 p. ISBN 978–601–04–3602–2 The normative material in the textbook is provided as of May 31st, 2018. For students and lecturers at law schools who study and teach the "Law enforcement authorities of the Republic of Kazakhstan" module in English, as well as for all those interested in the organization and functioning of the modern system of judicial, law enforcement and special authorities of the Republic of Kazakhstan and foreign countries in English. Published in authorial release.

UDC 347.7(075) LBC 67.404.3я73 ISBN 978–601–04–3602–2

© Samaldykov M., 2018 © Al-Farabi Kazakh National University, 2018

From the Author The "Law Enforcement Authorities of the Republic of Kazakhstan" module is included in the curriculum of all legal higher institutions in the cycle of mandatory professional disciplines. According to its content, it is one of the most valuable in terms of information, as it concerns the main tasks, functions and structures of law enforcement authorities of the Republic of Kazakhstan. It considers the status of their officials, the procedure for admission to the law enforcement service, the rights and duties of law enforcement officers and other issues, the coverage of which gives a fairly complete and comprehensive view of law enforcement. The content of this training course includes issues related to the so-called quasi-law enforcement bodies (notary, advocate), since the functions are directly related to the law enforcement activities of state bodies. This edition is an educational and methodical textbook consisting of teaching materials in the form of lecture notes with detailed selfcontrol questions, exam questions, a course program, plans for seminars (practical) classes, test questions and case. The lecture notes on the "Law enforcement authorities of the Republic of Kazakhstan" module reveals the concept and system of law enforcement agencies, the state strategy in the field of their formation and functioning. A particular attention in the textbook is devoted to the consideration of the topic related to the specifics of the passage of law enforcement service in the context of the Law of the Republic of Kazakhstan "On Law Enforcement Service" of 06.01.2011, which established uniform legal standards and norms of service in law enforcement agencies, reception, transfer, dismissal) and social security of law enforcement officers. A specially prepared case with situations from the activities of domestic law enforcement bodies makes it possible to comprehensively consolidate the theoretical provisions concerning the implementation of the law on law enforcement in practice. Underrelevant topic on the internal affairs authorities, the author detailed the powers and the system of the local police service, which started its activities in the Republic of Kazakhstan since January 2016. 3

While preparing the proposed textbook training, the author took into account all recent changes made to the national legislation as of May 31, 2018, related to the improvement of the domestic law enforcement system. This educational and methodological manual in English is essentially a shortened version of the "Law enforcement authorities of the Republic of Kazakhstan" textbook, the 3rd edition of which had been published in Russian in 2017 by the "Kazakh University" publishing house.

4

 

LAW ENFORCEMENT AUTHORITIES OF THE REPUBLIC OF KAZAKHSTAN (Lecture notes) Lecture 1. The subject and system of the "Law enforcement authorities of the Republic of Kazakhstan" module Main issues (provisions) and summary The subject of studying the course "Law Enforcement Authorities of the Republic of Kazakhstan" is the arrangement of law enforcement agencies, their organization, either individually or as a system, the definition of the tasks they face, and the competence to which they are assigned for their implementation. The subject of the course determines its content, it is set out according to a certain system. In this educational-methodical manual the author proposes a certain system of presentation of lecture material, which can be deduced from the table of contents of the work. The presented version of the lecture course system is based on the analysis of available options for the period of preparation of this teaching aid and reflects the author's proposal for the systematization of lecture material. The first lecture includes the following basic concepts: law enforcement authorities of Kazakhstan, their system, the concept and signs of law enforcement agencies, the interaction of law enforcement agencies with other bodies, the regulatory framework of law enforcement. Without their careful study, it is impossible to compile a systematic picture of the law enforcement agencies of the Republic of Kazakhstan. The second, third and fourth lectures contain information on the judicial power and justice, on the existing judicial system of the country: on the courts operating in the country, their tasks, competence, structure, the legal status of judges and bodies of the judicial community, and organizational support of courts. The fifth, sixth, seventh, eighth, ninth and tenth lectures revealtasks, principles of activity, competence and structure of the prosecutor's office, internal affairs, local police service, national anti-corruption bureau, economic investigation service, and law enforcement service. 5

The eleventh lecture is devoted to the security agencies of the Republic of Kazakhstan. The twelfth lecture reveals the tasks and authorities of the bodies of the Republic of Kazakhstan, which provide legal assistance and its organization. The thirteenth, fourteenth and fifteenth lectures are entirely devoted to the functions, main directions, organization and activities of individual foreign law enforcement agencies. Mastering the discipline "Law enforcement authorities of the Republic of Kazakhstan" by students contributes to a better understanding of the provisions of other legal disciplines, as well as the qualitative passing of industrial practice. The concept and features of law enforcement authorities The protection of the rights and freedoms of a citizen and a person is a constitutional duty of the state. Powers for their protection are entrusted to special structures created by the government, called law enforcement agencies. What should be considered law enforcement bodies? The term "law enforcement agencies" has recently been actively used by the legislator. However, in no normative act this phrase can not be deciphered. In the course of the lecture, let us try to define this term. First of all, let us consider the signs that law enforcement agencies allocate from the general mass of social entities. The first sign is related to the purpose of law enforcement. This purpose follows from the name of the organs. This is the protection of law. Protection of law implies: a) restoration of the violated right; b) punishment of the offender; c) simultaneous restoration of the violated right and punishment of the offender. As is becomes clear from this interpretation, the protection of law follows the violation of law. In other words, the right is protected only when it is violated. As a general rule, it really happens: you can not condemn anyone to a criminal offense. However, it seems that the essence of the protection of law by the three tasks above is not exhausted. It is important for the citizen not only that his violated right be quickly restored, and violators should be punished in fairness, 6

 

but that his rights are not violated at all. In this regard, it is advisable to add to the essence of the protection of law such a component as creating conditions that prevent violation of the law. The purpose of the activities of law enforcement bodies also includes the protection of legal principles that ensure the normal functioning of the individual, society, the state, as well as other objects, in particular the environment. The violated right generates the duty of the state to manifest an appropriate reaction in the form of conviction or sanction. The right to this arises only if all the circumstances are established offenses. The law enforcement authorities authorized by the state are investigating the real picture of the unlawful events. They identify violations, state the facts of committing offenses by specific persons, create conditions for making judgments. Hence the second sign of law enforcement agencies follows: law enforcement authorities are state bodies. All law enforcement authorities are created and funded by the state. They are completed by specialists who meet certain requirements and have special training and education (usually legal). This feature absorbs a number of features that individual authors singulate as independent signs of law enforcement agencies, such as: the implementation of law enforcement activities by special persons; the binding nature of decisions made by these persons. The requirements for specialists of law enforcement authorities and the limits of their powers are fixed in the law. Hence the third sign: law enforcement agencies carry out their activities on the basis of the law and in accordance with it. The activities of law enforcement bodies are regulated by special laws. As an example, we can cite the laws of the Republic of Kazakhstan: "On law enforcement service", "On the bodies of internal affairs of the Republic of Kazakhstan", "On operative-search activity", etc. For its normal functioning, the state is forced to resort not only to positive stimulation of individuals and legal entities, but also to negative levers of influence. Therefore, law enforcement bodies are entitled to use coercive measures. This is the fourth sign that separates them from other government structures. These features are inherent in all law enforcement bodies without exception. Thus, "the law enforcement agency is a state body ensuring 7

 

the observance and protection of human and citizen's rights and freedoms, the legitimate interests of individuals and legal entities, the state, implementing the state's policy on combating crime and other offenses in accordance with its competence, endowed with special powers to ensure legality and maintenance of public order, detection, prevention, suppression, investigation of offenses, execution of judgments in criminal cases business"1. To law enforcement bodies of the Republic of Kazakhstan, the law on law enforcement services includes the bodies of the prosecutor's office, internal affairs, anti-corruption service and the service of economic investigations, which carry out their activities in accordance with the legislative acts of the Republic of Kazakhstan2. However, some of the entities clearly have a law enforcement focus may lack some of the above features. As an example, one can cite such an organization, standing on the position of protecting the rights of citizens, as advocacy. Of these characteristics, only two are suitable for the bar: the purpose of the activity and the functioning of the law. Thus, formally such bodies can not be called law enforcement. However, they are undoubtedly law-enforcement, in fact, and, most importantly, according to the purposes of their activities. In order to highlight the law-enforcement nature of the activities of these bodies and at the same time to show that in a narrow sense they are not law enforcement, representatives of the Nizhny Novgorod school of the processers of the Russian Federation (in particular V.T. Tomin) introduced a special term "quasi-law enforcement authorities". This term is formed with the help of the Latin prefix "quasi", which has two meanings: a) imaginary, unreal; b) almost, close. In this case, the specified particle is applied in the second value. Thus, quasi-law enforcement authorities are state bodies, public organizations and private institutions that assist law enforcement bodies in the performance of their functions, as well as directly providing legal assistance to citizens and legal entities. 1

Article 1 (7) of the Law of the Republic of Kazakhstan dated January 6, 2011 No. 380-IV "On law enforcement service". 2 Ibid. Article 3 of the Act.

8

To quasi-law enforcement authorities, except for the already named bar, you can include the notary, the bodies of private detective and security activities; legal service of enterprises and organizations. System of judicial and law enforcement authorities The judicial system includes the Supreme Court of the Republic of Kazakhstan, local and other courts. In the court system, in turn, specialized courts (military, financial, economic, administrative, juvenile affairs and others) can be allocated. Law enforcement authorities, in turn, also form a system consisting, in accordance with the legislation, of only four bodies, such as the prosecutor's office, the police, the anti-corruption service and the economic investigation service. This is an exhaustive list, presented in the law. However, in the legal literature there is a fact of deviation from the requirements of the law. So, for example, the author of the "Law enforcement bodies of the Republic of Kazakhstan3 manual R.M. Esbulatova in the scheme on page 8 indicates only three: the prosecutor's office, internal affairs and anti-corruption service. The system of law enforcement authorities specified in the legislation is called upon to realize such important functions as: – prosecutor supervision; – ensuring public safety and public order; – Disclosure and investigation of criminal offenses; – operatively-search; – prevention and suppression of criminal and other offenses. All these functions are interrelated and complementary. Interaction of law enforcement bodies with other bodies A qualitative solution of the tasks facing law enforcement authorities is possible only with the interaction of these bodies with each other and with other state bodies. Law enforcement agencies exercise executive power. The judiciary is an independent branch of power. Interaction of law                                                             

3

"Law enforcement authorities of the Republic of Kazakhstan: A Training Manual / R.M. Esbulatova. – Almaty: Kazakh University, 2016. – 430 p.

9

 

enforcement bodies with legislative bodies occurs, as a rule, through the current legislation. Law enforcement authorities do not have the right to criticize laws, give them a political assessment, they are required to implement laws. The main sphere of interaction between law enforcement agencies and other state bodies is ensuring law and security. In fact, no public and state structure can exist independently of law enforcement agencies. The latter carry out the protection of life, health of persons working in other bodies, as well as property belonging to them. To all activities conducted by other state bodies and public associations, the forces of law enforcement bodies are involved. Law enforcement authorities of the Republic of Kazakhstan interact with similar structures of foreign states. To streamline this activity, relevant agreements are being developed and structural units are being created. These structural units are mandatory in the central apparatus of all the above-mentioned law enforcement agencies. Normative base of law enforcement authorities activity The organization and activities of law enforcement authorities are regulated by a variety of legislative and other regulatory legal acts. They can be grouped on various grounds, one of which is their legal force. The normative legal act of the highest legal force is the Constitution. The Constitution is the main law of our country, it serves as the foundation, the legal basis for any branch of law and legislation. The Constitution has a direct effect and is applied directly, without requiring that any of its provisions be reproduced in a textual or substantial manner (specified, detailed) in specially adopted laws, by-laws, departmental regulations, etc. Then come the laws. They regulate not only the most important areas of law enforcement activities, fixing the legal basis for the activities of the largest blocks of the law enforcement system, but also the activities of each law enforcement agency. The next group of normative acts can be combined with the term "subordinate regulatory legal acts". These include regulatory legal decisions of legislative bodies, normative legal decrees of the 10

 

President of the Republic of Kazakhstan, regulatory legal decisions of the Government of the Republic of Kazakhstan, departmental regulatory legal acts. Departmental regulatory legal acts occupy a significant place in the detailed regulation of the activities of law enforcement authorities. These are various regulatory legal orders and instructions from relevant ministries and departments. These normative legal acts carefully describe the procedure for the functioning of law enforcement bodies in accordance with the Constitution and laws. Interdepartmental orders and instructions are also published. Certain areas of activity of law enforcement bodies are based on international legal acts.   Questions for self-control 1. Describe the subject of the "Law enforcement authorities of the Republic of Kazakhstan" module. 2. What are the objectives of the "Law enforcement authorities of the Republic of Kazakhstan" module? 3. Formulate and explain the concept of "law enforcement". 4. Identify the tasks and main directions of law enforcement. 5. Describe the term "law enforcement". 6. Indicate the main functions of law enforcement authorities of the Republic of Kazakhstan.

11

 

Lecture 2. Judicial power and justice in the Republic of Kazakhstan Main issues (provisions) and summary The definition and features of the judicial power What is meant by the judicial power? The Constitution of the Republic of Kazakhstan and other laws do not contain an exact answer to this question. Therefore, in some works devoted to law enforcement agencies, the term "judicial power" is understood both as a power, as a system of judicial bodies, and as a specific court. It seems that the term "power" should nevertheless be understood not as an organ or a system of bodies, but as competence, the ability to manage and manage. Therefore, the judiciary can be defined as the powers granted by law to special state bodies – courts and carried out through civil, criminal and administrative proceedings. The judiciary has a number of features that directly follow from the law. Paragraph 4 of Article 3 of the Constitution of the Republic of Kazakhstan fixes the provision according to which the state power in the Republic of Kazakhstan is unified, implemented on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using a system of checks and balances. At present, the term "judicial power" is used in different meanings. Depending on the context, it can mean: a court (abstract or specific); the system of state organs exercising justice; a means of protecting the interests of citizens and a method of resolving disputes; competence of courts and judges. There are other ways of using this term. Judicial power can be characterized by a number of features. The first sign follows from the Constitution, according to which the judiciary is a form of state power. The very term "power" denotes the existence of powers and the possibilities for their implementation. The adjective "judicial" specifies who owns the powers. Hence follows the second sign. The second sign is that the judiciary belongs only to the courts. Courts as special bodies will be discussed below. 12

 

The third sign of judicial power is exclusivity. Powers granted to the judiciary are granted only to it. No other body can duplicate the judiciary, under any circumstances. The exclusive powers of the judiciary include: the administration of justice; control over the legality and validity of decisions and actions of state bodies and officials in the event that these actions are appealed against in court; the sanctioning of investigative actions that infringe upon the constitutional rights of citizens; control over the legality and validity of arrests made during pre-trial proceedings; clarification of judicial practice; participation in the formation of the corps of judges, etc. In order to expand judicial control over pre-trial proceedings in the Criminal Procedural Code of the Republic of Kazakhstan, on July 4, 2014, the institute of the investigative judge was introduced. In addition to authorizing certain investigative actions, it also includes consideration of complaints and petitions for actions (inaction) and decisions of the inquiry officer, the inquiry body, the investigator and prosecutor at the stage of pre-trial proceedings. The main purpose of the investigating judge is to exercise judicial protection of the rights and legitimate interests of persons involved in criminal proceedings and to ensure the legality of pretrial investigation of criminal offenses. The investigating judge does not participate in the consideration of issues that may be subject to judicial review in resolving the case on the merits, respectively, does not perform the functions of justice. The criminal procedural law (part 3, article 54 of the Criminal Procedural Code) provides for the functioning of the institution of the investigating judge only at the level of the court of first instance. However, the powers of the investigating judge in the court of first instance do not include the examination of petitions for conducting secret investigative (investigative) actions, their jurisdiction includes judicial control over the application of measures to ensure criminal proceedings. The fourth sign of judicial power is a unity of such qualities as independence, independence, and isolation. Independence means that the court, when making decisions on the case, is not bound by anyone's will. The decision of the court itself. A judge depends only on law, legal conscience and conscience. 13

 

Independence is not only the right of the court, but also its duty. Judges are obliged to resist any attempts to encroach on their independence, relying on a law that provides a whole range of guarantees for the independence of judges – material, social, security guarantees, etc. Independence of the judiciary implies independent decisionmaking by the court. The court is not obliged (and not entitled) to consult with anyone about the adoption of interim and, even more so, final decisions on the case. Decisions of the court do not need anyone's authorization and approval. The separation of the judiciary derives from its independence and self-sufficiency. This means that the courts form an autonomous system that includes not only courts (in the narrow sense of the word), but also other units that provide for their livelihoods. However, the isolation of the judiciary does not mean its isolation. Different branches of power are interrelated. Judicial power, in particular, is inconceivable without legislative power, since it can only be carried out and improved only within the framework of the law. Legislative power, in turn, determines judicial procedures, judicial status, etc. In addition, execution of decisions is impossible without close cooperation of the judiciary with the executive power. The fifth feature is a special procedural order of the activities of the judiciary. The court exercises its authority in the manner prescribed by law. The order of legal proceedings is regulated by a number of procedural codes of the Republic of Kazakhstan (CPC, CPC). Judicial proceedings are the specific activities of judicial authorities. It begins in the cases prescribed by law and proceeds in the established procedural form. There are several types of legal proceedings – administrative, civil, criminal. The sixth feature is the subordination of the judiciary. Despite the high status of the judiciary, it can not act on its own rules. It has already been noted above that the court depends only on the law. Based on these characteristics, we formulate the definition of the judiciary: The judiciary is the exclusive powers granted to independent and detached state bodies – the courts – to independently resolve legal issues within their competence, as well as the lawful implementation of these powers through civil, criminal and administrative legal proceedings. 14

 

The definition of the judiciary as a court or court system is also not a mistake. It should be regarded as an additional structural characteristic of the concept of "judicial power". The court as part of the judiciary The court as part of the judiciary has a number of features. We list them below. 1. The court is a public authority. The Constitution specifies the following bodies to which the judiciary belongs: the Supreme Court of the Republic of Kazakhstan; local courts. 2. A special procedure for the formation of ships. This order is significantly different from the formation of the organs of other branches of government. The staffing of vessels is carried out by strict selection. The requirements for the candidate must correspond not only to objective characteristics, such as age, citizenship, but also to a multitude of subjective (education, moral and business qualities, lack of criminal record). 3. A special procedure for ensuring the independence of the court. This procedure provides for the establishment of responsibility for the pressure on the court up to the criminal one; the creation of specialized bodies to ensure the normal operation of the court, for example, the bailiff service; protection of life, health and property; high material and social security. 4. A special procedure for exercising its powers with a view to ensuring a legitimate and justified solution of legal issues within the competence of the court. The procedure for the exercise by the court of its powers is vested in a specific procedural form, called judicial proceedings. 5. Exercise of powers within the competence defined by law, i.e. jurisdiction. Jurisdiction of the court can extend to: a) administrativeterritorial entities (district, city, region); b) structural formations of the armed forces (military district, garrison); c) judicial district. This district may or may not coincide with territorial entities. It can unite several administrative-territorial units. 6. The exercise of judicial power in a certain judicial composition. The law establishes, in what composition should be considered a case – individually or collectively. 15

 

7. Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. 8. Any interference with the activities of the court in the administration of justice is inadmissible and entails liability under the law. In specific cases, judges are not accountable. Definition of Justice Justice is understood as two types of activity: 1) consideration and authorization in court sessions of civil cases and cases of administrative offenses; 2) consideration of criminal cases in court hearings and application of the penalties established by law to persons guilty of committing a criminal offense or acquittal of the innocent; Before formulating the definition of justice, it is necessary to distinguish its features. The first feature of justice follows from the Constitution of the Republic of Kazakhstan (Article 75par. 1): justice is exercised only by the court. In other words, this is a special kind of state activity, which is the competence of a special law enforcement body – the court. The second features the implementation of justice in a strictly defined procedural form established by the law of Kazakhstan (CPC, CPC). Now we can formulate the definition of justice. Justice – is the activities of special state bodies – courts – to review and resolve civil, criminal, administrative cases, carried out in a special procedural order with strict observance of the requirements of the law. At the same time, the term "justice" contains not only formal characteristics. The notion of justice among citizens is associated with such categories as fairness, objectivity, validity. Therefore, the above definition of justice can be clarified as follows: justice is the activity of courts in just and fair consideration and resolution of civil, criminal and administrative cases, carried out in a special procedural order with strict observance of the Constitution of the Republic of Kazakhstan and laws of the Republic of Kazakhstan. 16

 

Questions for self-control 1. Give a definition of state power and the judiciary. 2. Describe the main features of the judiciary. 3. What are the main differences between courts and other state authorities? 4. What are the signs of justice and give its definition. 5. What caused the appearance of the institute of the investigative judge in the criminal process of the Republic of Kazakhstan? 6. In which courts can the investigating judge operate? 7. What powers does the investigating judge have? 8. Does the function of justice performan investigative judge?

17

 

Lecture 3. Judicial system in the Republic of Kazakhstan Main issues (provisions) and summary Concept and structure of the judicial system in the Republic of Kazakhstan The judicial system is the totality of all vessels operating on the territory of the Republic of Kazakhstan. The judicial system is built in accordance with the Constitution of the Republic of Kazakhstan and the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" of December 25, 2000. This Constitutional Law stipulates that it is prohibited to issue legislative acts providing for the transfer of exclusive powers of the court to other bodies. In addition, it is pointed out that no other bodies and individuals have the right to assign to themselves the powers of a judge or a function of the judiciary. The judicial system of the Republic of Kazakhstan is made up of the Supreme Court of the Republic of Kazakhstan, local and other courts established in accordance with the Constitution of the Republic of Kazakhstan and the Constitutional Law. Unity of the judicial system of the republic is ensured by: 1) common and uniform for all courts and judges with the principles of justice established by the Constitution, the Constitutional Law, procedural and other laws; 2) the exercise of judicial power in uniform forms of legal proceedings established by laws for all courts; 3) application by all courts of the current law of the Republic of Kazakhstan; 4) by legislative consolidation of the unified status of judges; 5) obligatory execution of judicial acts that have entered into legal force throughout the territory of Kazakhstan; 6) financing of all courts solely at the expense of the republican budget. Local courts Local courts include: 18

 

1) regional courts and courts equivalent to them (city court of the capital of the Republic, city courts of cities of republican significance); 2) district and equivalent courts (city court, inter-district court). The chairmen of local courts and courts equal to them, chairmen of the colleges of local courts and judges equated to them, and judges are appointed to the post by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council. All courts are divided into links and instances. The link of the judicial system is considered to be courts with uniform powers and having a single structure. The courts of general jurisdiction consist of three parts: 1) district and equivalent courts (main link); 2) regional and equivalent courts (middle level); 4) The Supreme Court of the Republic of Kazakhstan (higher level). District courts consider most cases. Therefore, this link is called the main one. Courts of the middle and upper levels are empowered, to check the decisions of lower courts. Therefore, they are called higher courts. The court of the first (main link) can not be superior. It should be noted that the structure of military courts is no different from the structure of all other vessels. The status of the Military Court of the Republic of Kazakhstan is equal to the regional one, i. to a local middle court. The military courts of the garrisons, of which there are ten in the republic, belong to the main link, as well as similar district (city) courts. In addition to the division of vessels into links, it is possible to group them by instances. The court of first instance is a court that is authorized to take decisions on the merits of the main issues of the case, for example for a criminal case – questions about the person's guilt or innocence and about the application or non-use of punishment; for civil – about the proof or lack of evidence of the claim and the legal consequences of the claim. As a court of first instance, any court may act, but the courts of the first level may be courts of first instance only. 19

 

The court of the second (appellate) instance verifies the legality and validity of sentences and other judicial decisions that have not entered into legal force. It can be any of the ships of the second link. The court of the third (cassation) instance verifies the legality and validity of sentences and other judicial decisions that have entered into force. As a gross mistake should be called the position given by the author R.M. Yesbularova, concerning judicial instances in the Republic of Kazakhstan. In particular, she notes that "the court of cassation, which verifies the legality and validity of judgments that have not entered into legal force, rendered by the courts of the first and appellate instances."4It should be noted that this provision does not correspond to the current procedural legislation of the Republic of Kazakhstan. In the court of cassation instance, judicial acts of local and other courts that have entered into legal force are considered if the appellate procedure for their appeal is observed. This clarification is very important. Otherwise, students may have a false belief about the similarity of courts of appeal and cassation. Since the paragraph above, on the same page, the author R.M. Yesbulatova points out that the court of appeal is considering judicial decisions that have not entered into legal force. What should students understand in this case? It turns out that there is no difference between these instances. The Supreme Court exercises the functions of the cassation instance in civil, criminal and other cases, which are subject to local and other courts. The Supreme Court of the Republic of Kazakhstan and its competence The Supreme Court of the Republic of Kazakhstan, – says Art. 81 of the Constitution of the Republic of Kazakhstan – is the highest judicial body in civil, criminal and other cases, which is subject to local and other courts, examines cases related to its jurisdiction and provides explanations on judicial practice in cases provided for by law. The structure of the Supreme Court of the Republic of Kazakhstan – the Supreme Court of the Republic of Kazakhstan consists of the Chairman, chairmen of the collegiums and judges. The Chairman of the Supreme Court, chairmen of the collegia and judges of the Supreme Court of the Republic of Kazakhstan are                                                             

4 Verbatim cited paragraph on page 31 "Law Enforcement Authorities of the Republic of Kazakhstan: a Training Manual / RMEsbulatova. – Almaty: Kazakh University, 2016. – 430 p.

20

 

elected by the Senate on the proposal of the President of the Republic. Presidents of regional courts and courts equal to them, chairmen of their collegia and judges are appointed to the post by the President of the Republic on the recommendation of the Supreme Judicial Council of the Republic. The organs of the Supreme Court are: 1) plenary session; 2) the presidium of the plenary meeting; 3) the judicial board for civil cases; 4) the judicial board for criminal cases; 5) specialized judicial board. The judicial board is headed by a chairman appointed to the position in accordance with the procedure established by the Constitutional Law. Plenary session of the Supreme Court Plenary session of the Supreme Court of the Republic of Kazakhstan has the following powers: 1) On the proposal of the Chairman of the Supreme Court, establish the numerical and personal composition of the corresponding judicial board; 2) Based on the results of studying and summarizing the judicial practice, examines the issues of observance of legality in the administration of justice by the courts of the republic; 3) Adopts normative decrees, gives explanations on issues of judicial practice and makes proposals for the improvement of legislation. Normative decisions are taken at the plenary session of the Supreme Court by at least two-thirds of the number of Supreme Court judges and if there is a quorum of at least three-fourths of the total number of Supreme Court judges; 4) Hears information from the chairmen of the judicial collegia of the Supreme Court, the Judicial Jury and the head of the authorized body; 5) Gives an opinion in the case provided for by clause 2 of Article 47 of the Constitution of the Republic of Kazakhstan; 6) Consider candidacies for vacant positions of chairmen, chairmen of the judicial colleges of regional courts, chairpersons of the judiciary boards and judges of the Supreme Court and issues appropriate conclusions; 21

 

6-1) considers the candidacies of the Chairman of the Republican Commission on Personnel Reserves and members of the commission for inclusion by the Chairman of the Supreme Court for approval in the Supreme Judicial Council; 6-2) approves the list of candidates to form a cadre reserve with the Supreme Judicial Council for the posts of the chairman of the district court, the chairman and chairmen of the judicial colleges of the regional court, the judge and the chairmen of the judicial collegiums of the Supreme Court; 7) Upon approval of the Chairman of the Supreme Court, approves the secretary of the plenary meeting, the composition of the scientific advisory and international councils, and also elects the Jury by secret ballot; 8) Approve the form and description of the judicial mantle; 9) Approve the Rules of Procedure of the Presidium of the Plenary Session of the Supreme Court; 10) Approves the provisions on the scientific advisory and international councils under the Supreme Court; 11) Exercise other powers provided for by law. The procedure for the plenary session of the Supreme Court is determined by the rules of procedure approved by it. Plenary meeting is competent if there are at least two thirds of the total number of judges of the Supreme Court. Resolutions of the Plenary are adopted by open vote by a majority vote of the members of the Plenary meeting participating in the voting. Decisions of the Plenary Session are signed by the Chairman of the Supreme Court of the Republic of Kazakhstan and the Secretary of the Plenary. The Secretary of the Plenary Session, along with the duties of a member of the Supreme Court of the Republic of Kazakhstan, conducts organizational work for the preparation of meetings of the Plenary, ensures the keeping of the minutes and carries out the actions necessary to implement the decisions adopted by the Plenary. It is especially necessary to single out one of the main functions of the Plenary session – giving explanations on judicial practice. Such explanations are of great importance for ensuring a uniform understanding of the law. They contain very important, principled instructions on the issues arising in the consideration of court cases. 22

 

Explanations are given on the basis of studying and summarizing judicial practice, analysis of judicial statistics and are mandatory for all courts of Kazakhstan, other bodies and officials applying the law, for which clarification is given. The Presidium of the plenary session of the Supreme Court of the Republic of Kazakhstan has the following powers: 1) ensure the preparation of proposals for improving the activities of the courts for consideration at the plenary sessions of the Supreme Court; 2) discusses the issue of transferring material to the Judicial Jury for instituting disciplinary proceedings against a judge who has committed a disciplinary offense and, upon the results of the discussion, issues a corresponding decision; 3) exercise other powers relating to the organization of the activities of the courts, not attributed by the Constitutional Law to the competence of other bodies of the Supreme Court. The composition of the presidium of the plenary session of the Supreme Court consists of eleven members – the Chairman and chairmen of the Supreme Court's judicial colleges, the chairman of the Union of Judges, the chairman of the Commission on Judicial Ethics, the chairman of the Judicial Jury, the chairman of the Republican Commission for Personnel Reserve, as well as three judges delegated by the plenary session of the Supreme Court for a period of two years. The Presidium of the plenary session of the Supreme Court is convened by the Chairman of the Supreme Court and is authorized if at least two-thirds of the total number of its members are present. The organization of the presidium of the plenary session of the Supreme Court is determined by the regulations approved by the plenary session of the Supreme Court. Judicial boards of the Supreme Court besides judicial activity periodically study and generalize judicial practice. A scientific advisory council, an international council and a printed organ are formed at the Supreme Court, and the Academy of Justice, established on the basis of the reformed Justice Institute, functions. The Academy of Justice under the Supreme Court is a state institution that implements educational programs for postgraduate 23

education, which provides retraining, upgrading the skills of the judiciary and scientific activities. The Supreme Court is the authorized body that exercises general management of the Academy. Education, status and organization of the Academy are determined by the President of the Republic of Kazakhstan. Specialized Courts In accordance with the Constitutional Law, not only local courts, but also other courts, including specialized courts of the Republic of Kazakhstan (military, financial, specialized inter-district economic, administrative, juvenile affairs and others) can be established in the country. Thus, the specialization of courts provided for by the Constitutional Law is the most important direction for improving the judicial system. Over the past decade, specialized inter-district economic courts, specialized inter district administrative courts, military courts, specialized inter-district juvenile courts and specialized inter-district criminal courts have functioned effectively in the republic. Since 2006, the Specialized Financial Court of Almaty (SFCA) has been established. It was allotted to demonstrate the willingness of the state to guarantee investors an individual approach to resolving various disputes. They will not fall into the general flow of civil affairs of Kazakhstan – their affairs will be dealt with just by a separate specialized court dedicated to the specifics of the affairs of participants in the financial center. This means that judicial proceedings will be rapid and qualitative. SFCA is included in the single judicial system of the Republic of Kazakhstan and has the status of regional court. This is done to reduce the time for consideration of cases, since the number of instances for appealing is reduced. If the case is considered in the SFCA, then it can be appealed directly to the Supreme Court of the Republic of Kazakhstan. The languages of the court are Kazakh, Russian and English. You can apply to the court in English, and the proceedings will be conducted in English, respectively. SFCA considers cases exclusively in the field of civil law. From the point of view of jurisdiction, these are cases of any categories. It can be cases of housing, labor, land disputes and even cases of compensation for damage. The main 24

condition for jurisdiction is participation in RFCA of at least one party. For example, if someone sues a participant of the RFCA, this case will be considered by the SPSA, regardless of where the plaintiff lives. In order to create a favorable legal regime in Kazakhstan for foreign investors in 2016, it was decided to create a separate legal proceeding on investment disputes. For what in the court of Astana was organized a specialized structure for the consideration of investment disputes. The Supreme Court has set up a specialized judicial board, which is responsible, among other things, for considering investment disputes involving a large investor in accordance with the rules of the court of first instance and reviewing, in appellate order, the decisions made by the Astana city court on investment disputes. The concept of an investor, investment dispute and investment activity is given in the Entrepreneurship Code of the Republic of Kazakhstan, which came into effect from the beginning of 2016.The delineation of the competence of these courts is determined by the status of the investor and the subject of the trial. The Specialized Judicial Board of the Supreme Court considers disputes involving large investors arising from the investment contract. The competence of the court of Astana includes investment disputes, except for claims of major investors, as well as on other disputes between investors and government agencies related to investment activities. Decisions made by the Astana city court are appealed and appealed in the Supreme Court, the decision made by the specialized collegium comes into force from the moment of announcement, can be appealed in cassation in the Judicial Board of Civil Cases of the Supreme Court. The introduction of arbitration courts in the judicial system of the Republic of Kazakhstan By the presidential decree of October 4, 1995, the Republic of Kazakhstan acceded to the 1958 New York Convention on the 25

 

Recognition and Enforcement of Foreign Arbitral Awards. Under this Convention, "Each Contracting State recognizes a written agreement under which the parties undertake to transfer to arbitration all or any disputes arising or likely to arise between them in connection with any particular contractual or other legal relationship, the object of which may be the subject of arbitration ". The activities of arbitration courts in Kazakhstan began to develop relatively recently (the law "On Arbitration Courts" was adopted on December 28, 2004 No. 22-III LRK) and requires further improvement. It regulates issues related to the resolution of disputes by a non-state judicial institution. However, in Kazakhstan there is a tendency for legal entities to appeal to international arbitration courts with a view to resolving disputes. For example, in Almaty there is an International Arbitration Court of the Republic of Kazakhstan. The main advantages of dealing with cases in such courts are independent deliberate choice by the parties to the dispute of the rules and arbitrators (judges) of the arbitration court, the continuity and speed of the proceedings, as well as the deformity of the arbitration process (lack of strict rules for documentation). In Astana, an international arbitration center will be established, aimed at resolving investment disputes with the creation of a financial court with the application of the Anglo-Saxon system of law and the English language in judicial proceedings. Thus, the Republic of Kazakhstan recognizes the decisions of arbitration courts and takes the necessary measures to develop the activities of non-state judicial institutions. Status of judges Justice is carried out by the court. The court is, first of all, judges – persons who are constitutionally authorized to exercise justice and perform their duties on a professional basis. Judges of all courts of the Republic of Kazakhstan have a single status and differ only in powers. The legal status of judges is determined by the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic 26

of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" and other laws. In the Constitutional Law RK stipulates that the judge can not be entrusted with extrajudicial functions and duties not provided for by law. For judges of the Republic of Kazakhstan there is a special form of clothing (mantle). It is made of high-quality crepe weave with a matte surface, an established sample of black color. Taking into account the world practice, the color of the mantle is chosen in black, as it is black that means impartiality, emphasizes the status and authority of the judiciary. The new mantle model was approved by the Central Council of the Union of Judges of the Republic of Kazakhstan and approved at the plenary session of the Supreme Court of the Republic of Kazakhstan on June 29, 2009. At the VII Congress of Judges of the Republic on November 21, 2016, a new code of judicial ethics was adopted. His acceptance was due to the increased demands of society for the professional and moral appearance of the judge. In this code, the norms and provisions regulating the ethical basis of judges' conduct in professional activity, society, family and way of life are reviewed. The main principles that formed the basis for the behavior of judges are independence, objectivity, integrity and integrity, ethical standards, equality, competence and diligence. The Code takes into account the provisions of the "Bangolor Principles of Judicial Conduct". On the basis of the Code of Judicial Ethics, citizens can appeal against the actions of judges in the Judicial Jury under the Supreme Court of the country. The congresses of judges of the country are held regularly, every four years since 1996. The President of the country took part in all congresses. The forums of judges traditionally discuss the most pressing issues for the development of the judicial system, sum up the results of the work done, set tasks for the future. In February 2007, the Decree of the President of the Republic of Kazakhstan approved the Regulations on the Judicial Jury, which was established to assess the professional activity of the acting judge, confirm the right of the judge to resign and terminate it, and also consider the initiation of disciplinary proceedings, disciplinary cases against judges. 27

 

Formed new approaches to assess the legal status of the judge, the preparation, selection and placement of the judiciary. In the legal system of Kazakhstan from January 1, 2007 in accordance with the Law of the Republic of Kazakhstan "On Jurors" of January 16, 2006 and the accompanying changes in the criminal procedure legislation. In accordance with these regulations, a court with the participation of jurors examines cases of crimes for which the death penalty is envisaged, with the exception of cases involving the application of compulsory measures of a medical nature to persons who have committed such crimes in a state of insanity or a mentally ill illness after their commission. This institution functions in a regional and equivalent court. The jury trial model chosen in Kazakhstan combines features of the Anglo-American and Continental systems. The annual lists of jurors are drawn up by local executive bodies, and the selection of jurors to participate in the consideration of a particular case is conducted by the court secretary by random selection. After the end of the judicial investigation and debate, the speech of the defender, the last word of the defendant, the jury, together with the judges, are removed to the advisory room for sentencing. However, the votes of judges and jurors are equal. Thanks to the reform of 2007, the judicial system of Kazakhstan was given exclusive powers of judicial authorization from the prosecutor's office. This is done to enhance the protection of citizens' rights and freedoms. The new Civil Procedural Code of the Republic of Kazakhstan, signed by the head of state on October 31, 2015 and effective from January 1, 2016, provides for a three-tier justice system. This is the first, appellate and cassation instance, that is, the court of first instance considering the case at first instance, the regional court representing the appeal court and the Supreme Court of the Republic of Kazakhstan in the form of a cassation instance. The transition to a three-tier judicial system contributes to the promptness of the administration of justice, and increases the level of public confidence in the courts. Such a model of justice meets all international standards. The main result of the reform is a more rapid entry into force of the judicial acts issued, the exclusion of artificial delaying the process. 28

The Institute of Appeal, provided for by the new CPC of the RK, is comparable in many respects to the legislation of a number of foreign states, where the possibility of a second hearing of the case on the merits, at the initiative of interested persons, is assigned to the appellate instance. In addition, the institution of mediation5 was established in the Republic of Kazakhstan. This process, in which reconciliation of the parties is carried out with the help of an extrajudicial intermediary, also creates the prerequisites for consecutive unloading of courts from consideration of cases on which mutually acceptable solutions are possible. This institution, as was emphasized by the President of the Republic of Kazakhstan at the Sixth Congress of the RK judges, must be developed and brought to the world level6. In terms of implementation of the Decree of August 17, 2010, the Committee for Administration of the Supreme Court of the Republic of Kazakhstan was created in 2000, and its functions and powers were transferred to the Ministry of Justice of the Republic of Kazakhstan and the Office of the Supreme Court of the Republic of Kazakhstan. This is done to improve the efficiency of the judicial system in the Republic of Kazakhstan. In light of the foregoing, and in accordance with the Concept of a legal policy of Kazakhstan for the period from 2010 till 2020, approved by the President of the Republic of Kazakhstan in the country to be further complicated the gradual process of improving the proceedings at all stages, the strengthening of the status of judges, ensuring openness and transparency of the judicial system. The Supreme Judicial Council of the Republic of Kazakhstan The Supreme Judicial Council of the Republic of Kazakhstan is an autonomous state institution set up to ensure the constitutional powers of the President of the Republic of Kazakhstan to form courts, guarantee the independence of judges and their immunity. Acts in accordance with the Law of the Republic of Kazakhstan "On                                                             

5

Law of the Republic of Kazakhstan of January 28, 2011 No. 401-IV "On Mediation". Y. Mager., V. Fironova. To increase the authority, independence and effectiveness of the judicial system // Казахстанская правда, 11/21/2013. 6

29

 

the Supreme Judicial Council of the Republic of Kazakhstan" of December 4, 2015 No. 436-V LRK. The Supreme Judicial Council consists of the Chairman, the Secretary and other persons appointed by the President of the Republic of Kazakhstan. The Council has an apparatus that is a legal entity. The employees of the Council's apparatus are civil servants. The head of the Council's staff is appointed by the President of the Republic of Kazakhstan and is the secretary of the Council by rank. The chairman and members of the Council are not entitled to interfere in the activities of courts and judges in the administration of justice. The Chairman of the Supreme Court, the Prosecutor General, the Minister of Justice, the chairmen of the respective standing committees of the Senate and the Majilis of the Parliament are appointed by the Council members by the President of the Republic of Kazakhstan. Other persons may be appointed to the Council by the President of the Republic of Kazakhstan, including academic lawyers, lawyers, foreign experts, representatives of the Union of Judges. The members of the Council, with the exception of the Chairman of the Council and the members of the Council by office, exercise their powers for three years. The Secretary of the Council is not a member of the Council and does not have the right to vote. Members of the Council shall have equal rights in resolving matters assigned to the powers of the Council. Supreme Judicial Council: – provides guarantees of independence and immunity of judges; – on a competitive basis, selects a candidate for the vacant position of a judge of a local and other court; – following the results of the contest, recommends the President of the Republic of Kazakhstan candidate for appointment to the vacant position of a judge of a local and other court; – On the proposal of the Chairman of the Supreme Council of the Armed Forces, candidates for vacant positions of chairmen and chairmen of the judicial colleges of local and other courts, chairmen of the judicial boards of the Armed Forces; – recommends candidates for vacant positions of chairmen and chairmen of the judicial colleges of local and other courts, chairmen 30

of the Arbitration Courts of the Armed Forces to the President of the Republic of Kazakhstan for appointment to the post; – considers, on the proposal of the Chairman of the Supreme Council of the Supreme Council, a candidate for the vacant position of a judge of the Armed Forces; – Recommends a candidate for the vacant position of a judge of the Armed Forces to the President of the Republic of Kazakhstan for submission to the Senate of the Parliament; – considers a candidate for the vacant position of the Chairman of the Armed Forces; – Recommends a candidate for the vacant position of the Chairman of the Armed Forces to the President of the Republic of Kazakhstan for submission to the Senate of the Parliament; – considers the termination of the powers of the Chairman, chairmen of the judicial panels and judges of the Armed Forces, chairmen, 26 chairmen of the judicial boards and judges of local and other courts in the form of resignation, termination of resignation; – considers the issue of giving a recommendation for the dismissal of chairmen of the judicial collegia and judges of the Supreme Court, chairpersons, chairmen of the judicial collegia and judges of local and other courts for committing disciplinary offenses, due to professional unfitness or for failure to comply with the requirements of the Constitutional Law of the Republic of Kazakhstan "On judicial system and status of judges of the Republic of Kazakhstan "on the proposal of the Chairman of the Supreme Council, based on the decision of the Judicial Jury; – recommends that the President of the Republic of Kazakhstan vacate the chairmen, chairmen of the judicial collegia and judges of local and other courts, chairmen of the judicial boards of the Armed Forces; – makes recommendations to the President of the Republic of Kazakhstan on the dismissal of the Chairman and judges of the Armed Forces for submission to the Senate of the Parliament; – considers the issue of giving consent to the extension by the Chairman of the Supreme Council of the term of office of a judge upon reaching the pension or the age limit of the judge's tenure; 31

 

– organizes the reception of qualification examinations for citizens who have expressed a desire to work as judges, and maintains their records; – submits to the President of the Republic of Kazakhstan an opinion on the issue of granting consent for the arrest of a judge, his drive, the application to him of administrative penalties imposed in court, bringing a judge to criminal liability. Thus, the Supreme Judicial Council became an autonomous institution and built systematic work on the equipment and appointment of judges. Judicial Jury The jury is formed at the Supreme Court of the Republic of Kazakhstan to assess the professional activity of the acting judge, confirm the right of the judge to resign and terminate it, and also consider the initiation of disciplinary proceedings, disciplinary cases against judges. Acts on the basis of the provision approved by the decree of the President of the Republic of Kazakhstan. The composition of the Jury is elected by secret ballot on an alternative basis for a period of three years by the plenary session of the Supreme Court of the Republic of Kazakhstan on the proposal of the Chairman of the Supreme Court of the Republic of Kazakhstan. Chairman of the Supreme Court of the Republic of Kazakhstan in the Judicial Jury nominations from among the existing judges of local courts are made on the basis of the recommendations of plenary meetings of regional courts and courts equal to them (hereinafter – the regional court). The current judges of the Supreme Court of the Republic of Kazakhstan and the retired judges are recommended to the Judicial Jury by the Chairman of the Supreme Court of the Republic of Kazakhstan. The Chairman and chairmen of the judicial collegiums of the Supreme Court of the Republic of Kazakhstan, chairmen and chairmen of the judicial colleges of the regional courts, judges– members of the Commission on Judicial Ethics, judges and retired judges-members of the Supreme Judicial Council of the Republic of Kazakhstan can not be elected to the Judicial Jury. 32

 

Judicial jury consists of qualifying and disciplinary commissions. The Qualification Commission of the Judicial Jury consists of seven members – two judges of regional courts, two judges of the Supreme Court and three retired judges. The disciplinary commission of the Judicial Jury consists of nine members – three judges of district and equivalent courts (hereinafter – the district court), three judges of regional courts and three judges of the Supreme Court. The Qualification Commission of the Judicial Jury assesses the professional activities of the judge. The Disciplinary Commission of the Judicial Jury examines the issues of confirming the right of a judge to resign and its termination, as well as the initiation of disciplinary proceedings, disciplinary cases against judges. At the organizational meeting, the composition of the Judicial Jury from among its members elects the chairman of the Judicial Jury and the composition of the commissions by a majority vote. A member of the Jury can not be simultaneously a member of both commissions. Each composition of the commission by a majority of votes elects a secretary from among its members. The evaluation of the professional activity of the acting judges is carried out by the Qualification Commission of the Judicial Jury in order to improve the qualitative composition of the judiciary, to evaluate and stimulate the growth of professional qualifications, to increase the responsibility for strengthening the rule of law in the examination of cases, the protection of citizens' rights and the interests of society. Evaluation of the professional activity of a judge is for the first time conducted following the results of one year of work in the position of a judge. Subsequently, the evaluation of the judge's professional activity is conducted every five years, as well as with participation in the competition for the position of a judge of a higher authority, as chairman of the court, as chairman of the panel of judges. Judges with twenty or more years of judicial experience are exempt from periodic evaluation of professional activity. The decision of the qualification commission on the unsatisfactory evaluation of the judge's professional activity following the results of one year from the date of appointment to the post is the basis for submission by the Chairman of the Supreme Court to the Supreme Judicial Council of the idea of dismissing the judge from his post. 33

 

Thus, the tasks of the Judicial Jury include assessing the professional level of judges every five years, as well as checking knowledge when participating in a competition for a position in a higher court. At the same time, all the previous activities of the judge, the quality of his work, and the results of inspections of citizens' appeals are carefully analyzed. Evaluation of the professional activity of the judge is conducted with a view to improving the qualitative composition of the judiciary, assessing and stimulating the growth of professional qualifications, increasing the responsibility for strengthening the rule of law in the consideration of cases, protecting the rights of citizens and the interests of society. Disciplinary proceedings against the judge, the chairman of the district court, the judge, the chairman of the judiciary, the chairman of the regional court, the judge, the chairman of the judicial board of the Supreme Court of the Republic of Kazakhstan may be instituted on the basis of the relevant decision of the presidium of the plenary session of the Supreme Court of the Republic of Kazakhstan. The grounds for consideration by the disciplinary commission of the Jury of materials concerning the judge are also appeals of individuals and legal entities if they used all other available means of appealing against the actions of judges. Under other available means of appealing the actions of judges is understood as consideration in the established procedure of appeals of physical and legal persons by higher officials of courts, bodies of judicial community. Verification of appeals of individuals and legal entities is carried out by the authorized body. The decision of the Disciplinary Commission of the Judicial Jury shall be made in the deliberative room by a majority vote in conditions precluding the possibility of exerting any influence on its members. During the decision, only members of the disciplinary commission of the Jury can be in the meeting room. Member of the disciplinary commission of the Jury is not entitled to abstain from voting. If the votes are equal, a decision is adopted that improves the position of the judge in respect of which the materials are considered. The decision is stated in writing and signed by all members of the disciplinary commission of the Jury, who participated in the consideration of the case or materials. The Disciplinary Commission of the Jury takes decisions in the form of a resolution or decision. In the form of a resolution, decisions of 34

 

the Disciplinary Commission of the Judicial Jury are made to initiate disciplinary proceedings, refuse to initiate disciplinary proceedings, and stop disciplinary proceedings. In the form of a decision, the proposal of the Disciplinary Commission of the Judicial Jury to impose a disciplinary penalty against the judge is made. Questions for self-control 1. Indicate how the unity of the judicial system in the Republic of Kazakhstan is ensured? 2. What is meant by local courts of the Republic of Kazakhstan? 3. What is the order of formation and composition of the Supreme Court of the RK? 4. Expand the structure of the Supreme Court of the RK and its powers. 5. What judicial boards are created in the Supreme Court of the Republic of Kazakhstan, of whom do they consist and what are their powers? 6. Outline the composition and powers of the Plenary Session of the Supreme Court of the Republic of Kazakhstan. 7. Outline the composition and powers of the Presidium of the plenary session of the Supreme Court of the Republic of Kazakhstan. 8. Specify the specialized courts of the Republic of Kazakhstan. 9. What is the peculiarity of arbitration courts in the Republic of Kazakhstan? 10. Uncover the tasks, the order of formation and powers of the Supreme Judicial Council of the Republic of Kazakhstan 11. Expand the tasks, the order of formation and powers of the Jury. 12. Why does the Jury conduct an assessment of the professional activities of the judge, and in what legal terms? 13. What does the Judicial Jury pay attention to when assessing the professional level of judges? 14. Indicate the grounds for consideration by the disciplinary commission of the Jury of materials regarding the judge. 15. Expand the procedure for the decision by the Disciplinary Commission of the Jury. 16. In what forms are the decisions of the disciplinary commission of the Jury judged? 17. Outline the essence of the introduction of the institution of mediation in the judicial system of the Republic of Kazakhstan. 18. What changes have taken place in the judicial system of the Republic of Kazakhstan since January 1, 2016 with the introduction of the new version of the Civil Procedure Code of the Republic of Kazakhstan? 19. What is the reason for the adoption in 2016 in the Republic of Kazakhstan of a new code of judicial ethics? 20. What innovations did the Code of Judicial Ethics, adopted at the VII Congress of Judges of Kazakhstan in November 2016?

35

 

Lecture 4. Organizational provision of court activities Main issues (provisions) and summary The organizational and logistical support of the activities of the courts is one of the areas of activity, the content of which is the implementation of measures to create the conditions necessary for judicial activity, its organizational and resource support. This is the general outline in Art. 56 of the Constitutional Law of the Republic of Kazakhstan of December 25, 2000 No. 132-II "On the judicial system and the status of judges of the Republic of Kazakhstan". The essence of the organizational and logistical support of the activities of the courts is the full rendering of assistance to the courts in the proper exercise of their powers, with which they are endowed as bodies of the judiciary, especially powers to administer justice. In accordance with the Decree of the President of the Republic of Kazakhstan dated August 17, 2010 No. 1039 "On measures to improve the effectiveness of law enforcement and the judiciary in the Republic of Kazakhstan", the Committee for Judicial Administration under the Supreme Court of the Republic of Kazakhstan was abolished with the transfer of functions and powers for: – execution of executive documents, organization of works on accounting, storage, appraisal and further use of property transferred (received) to the republican property on separate grounds – to the Ministry of Justice of the Republic of Kazakhstan; – organizational, material and technical and other support for the activities of regional, district and equivalent courts, organizational and methodical management of bailiffs – the newly established Department for ensuring the operation of courts under the Supreme Court (apparatus of the Supreme Court of the Republic of Kazakhstan). The Department for the Provision of Court Activity under the Supreme Court of the Republic of Kazakhstan (the apparatus of the Supreme Court of the Republic of Kazakhstan) is the state body of the Republic of Kazakhstan that provides organizational and logistical support to the activities of the Supreme Court of the Republic of Kazakhstan, local and other courts with territorial units (court administrators) the capital and the cities of republican importance. 36

 

The Department carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan", laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other normative legal acts, Regulations on the Department, Of the Supreme Court of the Republic of Kazakhstan. The Department for Ensuring the Operation of Courts under the Supreme Court of the Republic of Kazakhstan (the apparatus of the Supreme Court of the Republic of Kazakhstan) consists of a number of structural units designed to ensure the fulfillment of all its functions: the secretariat of the Chairman of the Supreme Court of the Republic of Kazakhstan; the Secretariat of the Judicial Board of Criminal Cases; the secretariat of the specialized judicial board; the secretariat of the Chamber of Civil Cases; department of analysis and planning, personnel management department (HR department), information support department, legal support department, international relations department and the Protocol; general department; Department of organizational and legal support of local courts and chancelleries; department of internal control; Internal Security and Corruption Prevention in the Courts; Department of Information Technologies and Information Resources Protection; financial department; Department of provision and development of the infrastructure of the courts. It is allowed the formation of other units. The Department for Ensuring the Operation of Courts under the Supreme Court of the Republic of Kazakhstan (the apparatus of the Supreme Court of the Republic of Kazakhstan) is led by its head and his four deputies. And the head of the structural subdivision is the head. The territorial divisions of the Department in the regions, the capital and the cities of republican significance are headed by the respective administrators of the courts. Administrators of courts are legal entities in the organizational and legal form of state institutions, have seals, stamps with their names and accounts in banks, in accordance with the legislation of the Republic of Kazakhstan. 37

 

The main tasks of the Court Administrators are organizational and logistical support of the activities of regional, district and equivalent courts. Administrators of courts within the limits of the established powers carry out the following functions: 1) material and technical support of the activities of the courts; 2) organizational support for the activities of judges in the administration of justice; 3) organizational and methodical management of bailiffs; 4) preparation of information to the Department on the state of organizational, logistical and other support for the activities of local and other courts; 5) in the order established by the legislation personnel support of work of courts; 6) organizational support for the work of the chairman of the regional court, the organs of the regional court; 7) enforcement of decisions taken by the chairman and the plenary session of the regional court; 8) development of standards for the load of judges and court employees; 9) organization of construction, repair and technical equipment of buildings and premises and other facilities of local and other courts and the Administrator of the courts; 10) organization of protection of premises and other property of local and other courts and the Administrator of the courts; 11) conducting judicial statistics; 12) maintaining personal records of judges and employees of the Court Administrator; 13) maintenance of accounting and reporting in accordance with legislation; 14) the organization in accordance with the legislation of material and social security of judges, including those resigning, and the employees of the Administrator of the Courts; 15) maintenance of records management and work of archives of courts; 16) interaction with state bodies and other organizations on the issues of ensuring the operation of courts; 38

 

17) ensuring the interaction of local and other courts with the media; 18) provision of work to provide local and other courts with legal assistance to vessels of foreign states, in accordance with international treaties; 19) provision of work to protect state secrets and information security in courts; 20) organization of work on judicial education, training of judges, judicial personnel and internship; 21) consideration of applications of individuals and legal entities; 22) performing other functions assigned to the Administrator of the courts in accordance with the legislation of the Republic of Kazakhstan. Administrators of the courts are headed by their heads appointed to the post by the Head of the Department for ensuring the activity of courts under the Supreme Court of the Republic of Kazakhstan, with the consent of the plenary session of the regional court. On the enforcement proceedings and the status of bailiffs On April 2, 2010, the President of the Republic of Kazakhstan signed the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of Bailiffs". This Law was put into effect six months after its first official publication, with the exception of Article 34 (Temporary restrictions in the sphere of issuance and operation of licenses and permits). This article within three years after the enactment of the Law extends only to executive documents on the recovery of alimony. The law of 2.04.2010 replaced the previous Law of RK "On Enforcement Proceedings and Status of Bailiffs" of June 30, 1998. In accordance with the law, the tasks of enforcement proceedings are mandatory and timely execution of executive documents issued on the basis of court decisions, rulings and decisions on civil and administrative cases, sentences and decisions on criminal cases in terms of property penalties, as well as decisions of other bodies. According to Art. 3 of this Law, enforcement proceedings are carried out on the principles: 39

 

1) legality; 2) timeliness and transparency of execution of executive actions and application of measures of compulsory execution; 3) respect for the honor and dignity of a person; 4) the inviolability of the minimum property necessary for the existence of the debtor and members of his family; 5) the correlation of the volume of claims of the recoverer and enforcement measures; 6) the proportionality of the distribution of the collected amounts between the recoverers of one queue, if they are insufficient to fully satisfy all the requirements of the queue; 7) compensation at the expense of the debtor of expenses for compulsory execution of the executive document; 8) freedom of appeal in court of procedural actions and decisions of the judicial executor. Speaking of the main differences between the two laws, then we should note the following: – The new law of 02.04.2010 is much broader than the Law of 30.06.1998, has a more branched and clear structure, and, accordingly, regulates this area in more detail; – In addition, in the new law of 02.04.2010, new rules are prescribed, which were not in the old Law of 30.06.1998; – the main and most significant innovation of the Law of 02.04.2010 is the introduction in Kazakhstan of an institution of private judicial executors. According to the Law of 2 April 2010, a private bailiff is a citizen of the Republic of Kazakhstan who is engaged in private practice for the execution of executive documents without the formation of a legal entity on the basis of a private bailiff's license issued by the authorized body. The private judicial executor acts impartially and independently, on his own behalf and under his own responsibility, being guided by both the legislation of the Republic of Kazakhstan and international treaties. The private judicial executor carries out the activity on a compensatory basis. The taxation of the activity of a private bailiff is carried out according to the rules established for individual entrepreneurs. 40

 

In addition, the private bailiff has a certificate, personal seal with the indication of his / her surname, name and patronymic, the name of the regional collegium of private bailiffs, the executive district, license number, as well as stamps, personal forms and a counter. Bailiff The Law of the Republic of Kazakhstan of July 7, 1997 N 150 "On Bailiffs" introduced such officials to ensure activities of all courts of the Republic of Kazakhstan, including the Supreme Court of the Republic of Kazakhstan. A bailiff is an official who is in the civil service and performs the tasks assigned to him by the Law. The tasks of bailiffs in the administration of justice in accordance with Art. 2 of the Law are: 1) maintenance of public order in the courtroom during the court session, as well as during execution by the bailiffs of enforcement actions; 2) control over the execution of sentences not related to deprivation of liberty; 3) assistance to the court in the performance of procedural actions; 4) provision of protection of court buildings, protection of judges and other participants in the process, as well as protection of judicial executors and persons participating in executive actions during the commission of these actions; 5) rendering assistance to judicial executors in compulsory execution of executive documents of courts and other bodies. In order to fulfill the tasks assigned to him, the bailiff has the right: • demand from citizens compliance with the established procedure for the activities of the court, as well as the cessation of unlawful actions in the courtroom and in the courtroom; • Demand from citizens to observe the established procedure and stop the illegal actions during execution by the bailiffs of enforcement actions; • to make the administrative detention of the offender in the courtroom (in the case of an exit session – in the room where the 41

 

hearing is held) and during the execution by the bailiffs of the enforcement actions; • draw up a protocol on the offense to prosecute in accordance with the procedure established by law; • Deliver the offender to the internal affairs bodies; • Use firearms, special equipment and physical force in the manner prescribed by the legislation of the Republic of Kazakhstan. The duties of bailiffs to ensure the established order of the courts include: • Exercising the protection of judges and other persons participating in the judicial process, as well as persons participating in executive actions, during the commission of such actions; • ensuring the security of advisory rooms, other courtrooms and buildings; • in accordance with legislation on enforcement proceedings, participation in the commission of executive actions; • prevention and suppression of the offense in the courtroom and court premises, as well as during execution of executive actions; • providing, on instructions from the judge, delivery of the criminal case and physical evidence and their safety during the trial outside the place of permanent residence of the court; • compliance with the order of the judge related to compliance with the order of the trial; • the drive of persons evading turnout, to the court, to the judicial executor or to the place of execution of executive actions; • interaction with the officers of the escort service for the protection and security of detainees. Bailiffs may become citizens of the Republic of Kazakhstan who have reached the age of twenty-one, having an average (after secondary) education, capable of their business and personal qualities, and also for the state of health, to fulfill the duties assigned to them and undergo special checks. They can not be persons having a criminal record, and also dismissed for negative reasons from the civil service and from law enforcement agencies. The bailiffs undergo special training, after which they have the right to store and carry firearms and electric weapons, use special means. 42

 

Questions for self-control 1. What are the main functions and powers of the Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan? 2. Identify the structural units of the Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan. 3. Who manages the Department for ensuring the operation of courts under the Supreme Court of the Republic? 4. What are the territorial structures of the Department for Ensuring the Operation of Courts under the Supreme Court of the Republic of Kazakhstan? 5. What functions are carried out by the territorial departments of the Department for Ensuring the Operation of Courts under the Supreme Court of the Republic in the regions, the capital and cities of national importance? 6. What are the tasks and principles of enforcement proceedings? 7. What are the requirements for the private judicial executor? 8. What are the requirements for candidates for bailiffs? 9. Describe the legal status of bailiffs, and what are their tasks? Recommended legal sources for lectures on topics 2-4 1. The Constitution of the Republic of Kazakhstan. Section VII. Courts and Justice (arts. 75-82). 2. On the judicial system and the status of judges of the Republic of Kazakhstan. The Constitutional Law of the Republic of Kazakhstan of December 25, 2000 No. 132 // Vedomosti of the Parliament of the Republic of Kazakhstan. – 2000. – N23. – Art. 410; "Kazakhstanskaya Pravda" dated December 30, 2000 N 334–335; "Legal Newspaper" of January 10, 2001, No. 1. 3. On the Supreme Judicial Council of the Republic of Kazakhstan. The Law of the Republic of Kazakhstan of December 4, 2015 No. 436-V of the SAM; 4. On introducing amendments and additions to the Constitutional Law of the Republic of Kazakhstan "On the judicial system and the status of judges of the Republic of Kazakhstan". The Constitutional Law of the Republic of Kazakhstan of December 29, 2010 No. 370-IV // Kazakhstanskaya Pravda of 13.01.2011. – No. 9-10 (26430-26431); Egemen Kazakhstan 2011 – January 14. – No. 9-10 (26412); Vedomosti of the Parliament of the Republic of Kazakhstan, 2010, No. 24 (2577). – Art. 147 5. Regulations on the Judicial Jury (with amendments and additions as of August 28, 2017) Approved by Decree of the President of the Republic of Kazakhstan No. 643 of June 26, 2001. 6. Regulations on the internship of a candidate as a judge. Decree No. 595 of the President of the Republic of Kazakhstan of July 2, 2013 "On Amendments to Presidential Decree No. 643 of June 26, 2001" On Approval of the Provisions Provided by the Constitutional Law of the Republic of Kazakhstan on the Judicial System and Status of Judges of the Republic of Kazakhstan. " 7. Law of the Republic of Kazakhstan dated January 28, 2011 No. 401–IV "On mediation".

43

 

8. On the enforcement proceedings and the status of bailiffs. Law of the Republic of Kazakhstan No. 261-IV of April 2, 2010 // Kazakhstanskaya Pravda as of April 20, 2010 – No. 97–98 (26158–26159); Egemen Kazakhstan 20.04.2010. – No. 144-146 (25992). 9. On the bailiffs. Law of the Republic of Kazakhstan of July 7, 1997 №150. 10. Decree of the President of the Republic of Kazakhstan dated August 24, 2009, No. 858 "On the Concept of the Legal Policy of the Republic of Kazakhstan for the Period from 2010 to 2020" // Kazakhstanskaya Pravda of August 27, 2009. – No. 205 (25949); EgemenKazakhstan 2009. – August 28. – No. 281-283 (25680).

44

 

Lecture 5. Bodies of the Prosecutor's Office of the Republic of Kazakhstan Main issues (provisions) and summary The concept of prosecutorial supervision in the territory of the Republic of Kazakhstan The prosecutor's office is the most important law enforcement body after the courts. The fact that the constitutional norm fixing the organization of the prosecutor's office (Article 83 of the Constitution of the Republic of Kazakhstan) follows directly the norms dedicated to the judicial power on the importance of the activity of the prosecutor's office. "The prosecutor's office in the name of the state,"says Art. 83 of the Constitution of the Republic of Kazakhstan – exercises, in the limits and forms established by law, the highest supervision of compliance with the law in the territory of the Republic of Kazakhstan, represents the interests of the state in court and carries out criminal prosecution on behalf of the statev". The prosecutor's office occupies a special place among law enforcement bodies, since it does not apply to the legislative, executive or judicial authorities. It is an independent law enforcement body that ensures the observance of the rule of law in the state. The organization and activities of the prosecutor's office, in addition to the Constitution of the Republic of Kazakhstan, is fixed by the Law of the Republic of Kazakhstan No. 81-VI of June 30, 2017 "On the Prosecutor's Office". The Prosecutor's Office of the Republic of Kazakhstan, on behalf of the state, exercises supreme supervision over the precise and uniform application of laws, decrees of the President of the Republic of Kazakhstan and other normative legal acts on the territory of the Republic, the legality of operative-investigative activities, inquiries and investigations, administrative and enforcement proceedings. The prosecutor's office takes measures to identify and eliminate any violations of the law, protests laws and other legal acts that are contrary to the Constitution and laws of the Republic, represents the interests of the state in court, and in cases, the procedure and limits established by law, carries out criminal prosecution. 45

Principles of organization and activities of the Prosecutor's Office The Prosecutor's Office of the Republic of Kazakhstan forms a unified centralized system of bodies and institutions with the subordination of lower-level prosecutors to the higher-ranking and the General Prosecutor of the Republic. The Prosecutor's Office of the Republic of Kazakhstan carries out its activities independently of other state bodies and officials, political parties and other public associations and is accountable only to the President of the Republic of Kazakhstan. It is prohibited to interfere with the activities of the prosecution authorities in the exercise of their powers established by law. Acts of prosecutorial supervision, issued on the basis and in accordance with the procedure established by law, are binding on all bodies, organizations, officials and citizens. The prosecutor's office acts openly to the extent that it does not contradict the requirements of the legislation of the Republic on the protection of the rights and freedoms of citizens, the protection of state secrets. The main directions and content of the activities of the prosecution bodies The Strategic Plan of the Prosecutor General's Office of the Republic of Kazakhstan for 2017–2021 contains a section on the mission and vision of the Prosecutor General's Office of the Republic of Kazakhstan7. The mission of the General Prosecutor's Office of the Republic of Kazakhstan is to supervise the exact and uniform application of laws and other normative legal acts, identify and take measures to eliminate violations of law, represent the interests of the state in court, and in the manner and within the limits established by law, prosecution. Vision of the General Prosecutor's Office of the Republic of Kazakhstan is an effective institution of the state to ensure the supremacy of law, protect the rights and freedoms of citizens, legitimate interests of society and the state.                                                             

7

Strategic Plan of the Prosecutor General's Office of the Republic of Kazakhstan for 20172021. Approved by Order of the Prosecutor General of the Republic of Kazakhstan of December 26, 2016 No. 196.

46

 

Realizing its mission in practice, the prosecutor's office on behalf of the state: • exercises supreme supervision over the precise and uniform application of the Constitution, laws and decrees of the President of the Republic of Kazakhstan and other normative legal acts; • Identifies and takes measures to eliminate violations of the Constitution, laws, decrees of the President of the Republic of Kazakhstan and other regulatory legal acts; • Protests laws and other legal acts that contradict the Constitution and the laws of the Republic of Kazakhstan; • Supervises the observance of human and civil rights and freedoms, legal interests of legal entities and the state; • Supervises the legality of the operational-search activity; • Supervises the legality of the inquiry and investigation; • Supervises the legality of administrative proceedings; • Supervises the legality of enforcement proceedings; • participates in the normative activities of state bodies within the limits of their competence; • represents the interests of the state in court; • in the order and within the limits established by law, carries out criminal prosecution; • Forms state legal statistics to ensure the integrity, objectivity and sufficiency of statistical indicators, maintains special records, supervises the application of legislation in the field of legal statistics and special accounts; • Coordinates activities to ensure the rule of law, law enforcement and the fight against crime; • Supervises the application of laws in the field of international legal cooperation; • performs other functions defined by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan. System and organization of the Prosecutor's Office of the Republic of Kazakhstan The bodies of the Prosecutor's Office constitute a single, centralized system with strict subordination to lower-level prosecutors higher. The highest level in the system of the prosecutor's office is the General 47

 

Prosecutor's Office of the Republic of Kazakhstan, headed by the Prosecutor General of the Republic of Kazakhstan. His powers to manage the prosecutor's office are determined by the Law on the Prosecutor's Office. The Prosecutor General of the Republic of Kazakhstan in accordance with Article 36 of the Law on the Prosecutor's Office:  is appointed to the post by the President of the Republic with the consent of the Senate of Parliament for a period of five years;  is dismissed from office by the President of the Republic;  is accountable to the President of the Republic; The First Deputy and Deputy Prosecutor General of the Republic shall be appointed and dismissed by the President of the Republic on the proposal of the Prosecutor General. The Prosecutor General of the Republic can not be detained, detained, detained, driven, driven, or punished by administrative penalties imposed during the term of his or her authority, without the consent of the Senate of the Parliament, except in cases of arrest at the crime scene or committing serious or especially grave crimes. The term of office of the Prosecutor General is five years. The competence, organization and procedure for the activities of the Prosecutor's Office of the Republic are determined by law.  Structure of the Prosecutor General's Office of the Republic of Kazakhstan The Prosecutor General's Office is headed by the Prosecutor General of the Republic of Kazakhstan, who has a first deputy and three deputies appointed by the President of the Republic on his behalf. The distribution of duties between deputies is carried out by the Prosecutor General of the Republic of Kazakhstan. In the absence of the Attorney General of the Republic of Kazakhstan or in the event of impossibility to perform his duties, his duties are performed by the first deputy, and in the absence of both, or in the event of impossibility of fulfilling their duties, one of the deputies of the Prosecutor General of the Republic of Kazakhstan in accordance with the established division of duties between deputies. 48

 

In the General Prosecutor's Office of the Republic of Kazakhstan, departments and offices are formed, whose chiefs and deputies are appointed and dismissed by the Prosecutor General of the RK and are his senior assistants and assistants respectively. In departments and offices there are senior prosecutors and prosecutors. They, as well as special prosecutors of the General Prosecutor's Office, are appointed and dismissed by the Prosecutor General. In the General Prosecutor's Office a board is formed, headed by the Prosecutor General. The Board is an advisory body, its decisions are binding on employees of the bodies and institutions of the Prosecutor's Office and are implemented by orders, orders, orders and instructions of the Prosecutor General. At the meetings of the board, the most important issues of the activities of the prosecutor's office to ensure law and order are discussed, problems of prosecutorial supervision, organization and implementation of criminal prosecution, selection and placement of personnel are discussed, reports of heads of structural units, the Committee on Legal Statistics and Special Records of the General Prosecutor's Office of the Republic of Kazakhstan, Academy of law enforcement bodies attached to the General Prosecutor's Office of the Republic of Kazakhstan, the Chief Military Attorney, Chief Transport Prosecutor, prosecutors of Almaty, Astana and regions. The composition of the board includes the Deputy Prosecutor General, the Chief of Staff of the Prosecutor General and the heads of individual departments. Members of the board participate in meetings without the right to change. According to the decision of the General Prosecutor, other officials of the bodies and institutions of the Prosecutor's Office may be included in the collegium. The composition of the panel is approved by the order of the General Prosecutor. Improvement of the international legal framework of the prosecution bodies in combating crime International legal cooperation with countries far abroad in the fight against crime is an integral and necessary part of Kazakhstan's integration into the world economy, political and ideological systems and international legal space. 49

 

The urgency of establishing legal cooperation, first of all, is due to the fact that many types of criminal encroachments are now becoming transnational. These include terrorist acts, drug trafficking, weapons and some other types of criminal attacks. All this dictates the need to intensify the cooperation of the Prosecutor General's Office with the competent authorities of foreign countries in the fight against crime, and not only in the post-Soviet space, but also with countries far abroad. In this regard, in recent years, treaties on legal assistance in criminal cases with India, China, North Korea, Pakistan, Lithuania, Mongolia, Turkey, South Korea, the United Arab Emirates and Spain have been ratified. In addition, an agreement has been ratified with the UAE and Iran on extradition. The provision of international legal assistance in criminal matters is the exclusive competence of the General Prosecutor's Office of the Republic of Kazakhstan. Interaction of the Office of the Prosecutor General with the bodies, organizations and institutions of foreign countries, international bodies and organizations, representation in such bodies, as well as correspondence on issues of international cooperation are carried out in accordance with the procedure established by international treaties, legislation of the Republic of Kazakhstan, agreements of the General Prosecutor's Office with foreign partners and orders of the General The Prosecutor. The Office for Supervision over the Application of International Treaties is an independent structural unit of the General Prosecutor's Office of the Republic of Kazakhstan. The main activities of the Department are: – execution of international obligations on the provision of legal assistance in criminal matters, extradition, prosecution, organization of execution of investigative orders, as well as consideration of other legal appeals; – Supervision of the legality of criminal prosecution of citizens of the Republic of Kazakhstan, accused of committing crimes on the territory of foreign states, carried out on behalf of foreign states; – Supervision of the legality of recognition and enforcement of decisions of the competent institutions of foreign states on civil and 50

 

other cases, law enforcement agencies, courts and justice bodies in the cases established by international legal acts and legislation; – implementation of international cooperation of the prosecutor's office of the Republic of Kazakhstan with countries of near and far abroad, with international communities and organizations; – Supervision of the legality of the conclusion, execution and denunciation of international treaties of the Republic of Kazakhstan; – conducting analytical work on prosecutorial supervision over the application of laws and international legal acts, making suggestions for improving the activities of lower-level prosecutors; – study and generalization of the practice of implementing international treaties in the field of combating crime and elaborating proposals on measures to improve the legal regulation of this issue; – Improvement of the international legal framework of the Republic of Kazakhstan on mutual legal assistance, extradition and combating crime, carried out jointly with foreign states; – Coordination of maintaining correspondence on international cooperation on behalf of the prosecutor's office of the Republic of Kazakhstan. Management: – develops together with other structural subdivisions of the Prosecutor General's Office of the Republic of Kazakhstan, scientific institutions proposals on the main areas of international legal cooperation of the prosecutor's office of the Republic of Kazakhstan; – participates in the development and implementation of comprehensive programs of international cooperation on issues within the competence of the prosecutor's office, oversees and controls the implementation of the planned activities; – Supervises the application of international treaties by the central state bodies of the Republic of Kazakhstan; – Supervises the organization and implementation of supervision over the application of international treaties in lower-level prosecutor's offices; – organizes and carries out contacts and interaction with prosecutors of foreign countries, CIS member states, the International Association of Prosecutors and other international organizations; 51

 

– together with other subdivisions of the central apparatus, organizes work on the fulfillment of the obligations of the Republic of Kazakhstan arising from international treaties and agreements on its activities, and also oversees the implementation of these obligations; – examines and prepares instructions for providing legal assistance, petitions for criminal prosecution, extradition of persons from other states, as well as those sent to other states; – organizes the work of lower-level prosecutors for the extradition of citizens of the Republic of Kazakhstan and foreign citizens; – examines the applications of convicted persons to imprisonment for their transfer for further serving their sentence; – considers applications for transit transportation through the territory of the Republic of Kazakhstan of persons extradited to foreign countries by third countries; – directs and organizes the execution of instructions on the conduct of investigative actions of states with which the Republic of Kazakhstan has not concluded treaties on mutual legal assistance or concluded treaties on mutual legal assistance have not been ratified; – considers the applications of citizens and legal entities on the implementation of the legislation of the Republic of Kazakhstan, arising from international treaties concluded by it; – makes proposals on the conclusion of international treaties on the provision of legal assistance in criminal matters and extradition, prepares amendments and additions to the current legislation on international cooperation of the Republic of Kazakhstan; – studies foreign experience in combating crime, human rights violations and makes proposals to the leadership of the General Prosecutor's Office of the Republic of Kazakhstan on its use in practical activities; – organizes and participates in international conferences and meetings on issues related to its competence; – keeps records of international legal acts, as well as international treaties and agreements of the Republic of Kazakhstan on issues within the competence of the prosecutor's office; – organizes events for the reception of foreign delegations, as well as the direction of the delegations of the General Prosecutor's Office of the Republic of Kazakhstan to foreign business trips. 52

 

The structure and number of employees of the Office is approved and amended by the Prosecutor General of the Republic of Kazakhstan. The Office includes the head of the department, deputy chief, senior assistant to the General Prosecutor, senior prosecutors, prosecutors, chief specialist and specialist8. The improvement of the activities of the prosecutor's office in overseeing the legality, protecting the constitutional rights of citizens largely depends on the effective use of information technology. One of such new and demanded systems was the Call-center of the General Prosecutor's Office of Kazakhstan, which began its work in 2011. The main tasks of the center are reception and registration of appeals of individuals and legal entities related to facts of violations of constitutional rights and freedoms of citizens. In particular, with the unreasonable refusal of criminal investigative bodies to register applications for a crime, to search for missing persons, illegal detentions. Through the Call-Center you can apply for business protection issues, including those related to illegal inspections, as well as acts of a corrupt nature on the part of officials. In addition, everyone has the opportunity to receive an explanation of the procedure for filing appeals in writing. If necessary, the Call-center immediately redirects appeals containing information about crimes being prepared or committed, or about the threat of state or public security to other state bodies, in accordance with their competence. If the telephone appeal is not subject to registration in the Unified Information and Analysis System or its consideration is not within the competence of the prosecution authorities, the operator explains to the applicant the procedure for submitting this appeal or provides the requisites of the state body competent to resolve the relevant issues. In emergency cases, measures are taken to connect this call with the relevant central government agency. Reception of calls is carried out by Call-center operators in a round-the-clock mode at 115.                                                             

8

Order of the Prosecutor General of the Republic of Kazakhstan of February 8, 2007 No. 1 "On approval of the Regulation son the Office for Supervision of the Application of International Treaties".

  53

 

In addition to the Prosecutor General's Office of the Republic of Kazakhstan, the Prosecutor's Office includes prosecutors' offices in the provinces, prosecutors of cities of national importance and the capital of the Republic, inter-district, district, city and similar military and other specialized prosecutor's offices. The prosecutor's of regions and similar prosecutors are headed by the respective prosecutors appointed with the consent of the President of the Republic by the Prosecutor General of the Republic for a period of five years. Prosecutors of the regions and equal to them prosecutors have first deputies and deputies, senior assistants and assistants. Deputy regional prosecutors can be appointed by the heads of the respective regional prosecutor's offices. The prosecutor's offices of the regions and the prosecutor's offices equal to them have departments and departments. Heads of departments and departments, respectively, are senior assistants and assistants to regional prosecutors. The departments and departments establish the posts of senior prosecutors and prosecutors. City, district and equivalent prosecutors are headed by the relevant prosecutors appointed by the Prosecutor General of the Republic for a period of five years. City, district and equivalent prosecutors: 1) direct the activities of city, district and other equivalent prosecutors to ensure the prosecutor's supervision; 2) issue orders, orders, instructions, mandatory for all subordinate employees and employees. City, district and equivalent prosecutors have deputies, senior assistants and assistants. Departments can be created in the city, district and similar prosecutor's offices. It should be specially noted on the subordination of lowerranking prosecutors to their superiors. Subordination of prosecutors includes:  the mandatory instructions of higher prosecutors on issues of organization and activities for lower-level prosecutors;  the responsibility of lower-ranking prosecutors to higher-ups for the performance of official duties; 54

 

 implementation by higher prosecutors in the necessary cases of the authority of subordinates;  cancellation, revocation or modification of acts of subordinate prosecutors by superior;  permission from higher prosecutors to complain about actions and acts of subordinates. In the General Prosecutor's Office, departments, prosecutors' offices and provinces similar to them, colleges are formed with the heads of the respective prosecutor's office (chairman), his first deputy and deputies (by appointment) and other prosecutors appointed by the head of the prosecutor's office. The colleges established in the prosecutor's offices are advisory bodies. Based on their decisions, the relevant prosecutors issue orders and other acts within their competence. At the sessions of the board, the issues of the activity of the prosecutor's office are examined, as well as other issues related to the revealed violations of laws requiring, at the discretion of the Prosecutor General, the head of the department, the regional prosecutor or the prosecutor equal to him, collegial consideration with participation of officials who violated the law. Board decisions are made by the majority of the total number of its members. Specialized prosecutors' offices include transport, military, environmental, and law enforcement in correctional institutions. All of them act on the rights of regional or district prosecutor's offices. Specialized prosecutors are guided by the same laws as territorial prosecutors, perform tasks common to all prosecution authorities, the only difference being that their activities are limited to special facilities or separate branches of prosecutor's supervision. Transport prosecutors are established to oversee the implementation of laws on rail, water and air transport – on a certain railway, its site, airports, sea and river ports. The military prosecutor's office forms its own system, the highest link of which is the Main Military Prosecutor's Office, which is part of the General Prosecutor's Office as a structural unit. In addition to it, the military prosecutor's office includes regional and garrison military prosecutors. 55

 

The Specialized Environmental Prosecutor's Office is called upon to solve tasks to protect the legitimate rights of the population to normal ecological living conditions and rational use of the country's natural potential. Specialized prosecutor's offices overseeing the legality of correctional institutions extend their jurisdiction to institutions that carry out criminal penalties in the form of incarceration located in the territory of the relevant area.Under the Prosecutor's Office of the Republic of Kazakhstan, agencies and institutions may be established. The prosecutor's offices have their own symbols, the description of which is approved by the President of the Republic of Kazakhstan. System of legal acts of the prosecutor's office The system of legal acts of the Prosecutor's Office consists of the following acts:  prosecutor's supervision: protest, sanction, instruction, representation, resolution;  procuratorial response: petition, application, appeal, clarification of the law;  regulating issues of organization and activities of the prosecutor's office: orders, orders, regulations, instructions, regulations and others. Let us briefly describe the contents of each act of prosecutorial supervision and response.  Protest. The prosecutor brings a protest against the normative and other legal acts that contradict the Constitution, laws and acts of the President of the Republic, decisions and actions of state bodies and officials.  Sanction. The prosecutor, in the cases prescribed by law, gives the sanction (consent) to commit certain acts of a law-limiting nature, to obtain information containing a secret protected by law.  Direction. The prosecutor gives instructions: to the bodies of pre-trial investigation in connection with the investigation of criminal cases; bodies that carry out operational-search activity and secret investigative actions.  Presentation. The Prosecutor within his competence makes representations: on the elimination of violations of the law; on the elimination of the causes and conditions conducive to the commission of crimes and other offenses; on the issues of deprivation of immunity of 56

 

persons possessing this right in accordance with the Constitution of the Republic of Kazakhstan.  Resolution. The prosecutor, depending on the nature of the violation of the law, makes decisions on a criminal case instituting disciplinary proceedings, proceedings on an administrative offense. The prosecutor issues a resolution on the verification of the application of the law, on the lifting or lifting of prohibitive-restrictive measures, on the suspension of the illegal legal act on compulsory execution of the prosecutor's demands, on the delivery (drive), and also in other cases provided for by law.  Acts of the prosecutor's response are the special forms of exercising the powers of the prosecutor provided by the Law on the Prosecutor's Office of the Republic of Kazakhstan.  Petition. The public prosecutor has the right to bring an application for review of judicial acts that have not entered into legal force.  Application. The prosecutor, in accordance with the law, has the right to apply (statement of claim) to the court to restore the violated rights and protect the interests of the state, individuals and legal entities. In case of rejection of the procuratorial supervision acts or leaving them without consideration, the prosecutor has the right to apply with the court to recognize the acts, decisions and actions (inaction) of bodies and officials illegal.  Treatment. The bodies of the prosecutor's office have the right to address the officials, state bodies, legal entities and individuals with a view to ensuring legality, preventing offenses, and ensuring public safety and protection of human and citizen's rights and freedoms. At the same time, the appeal is distributed using mass media or other public means.  Clarification of the law. This act is brought by the prosecutor's office in order to ensure public safety, prevent violations, as well as in the presence of information about the upcoming illegal acts. Thus, the difference between these two types of acts is that acts of prosecutorial supervision are mandatory for execution, and acts of prosecutorial response are only recommendatory. This is their peculiarity, established by the Law on the Prosecutor's Office of June 30, 2017. 57

 

In order to ensure the transparency of its activities, the prosecutor's office has the right to publish in the mass media the acts of prosecutor's supervision and response to illegal actions (inaction) and decisions of bodies and officials that violate the rights, freedoms and legitimate interests of a person and citizen, society and the state, established by the legislation. The provisions and instructions of the prosecutor's office are approved by the orders of the respective prosecutors. Recommended legal sources 1. On Prosecution. Law of the Republic of Kazakhstan of June 30, 2017 No. 81-VI. 2. On approval of the Regulation on the Coordination Council of the Republic of Kazakhstan on ensuring the rule of law, law and order and the fight against crime. Decree of the President of the Republic of Kazakhstan dated May 2, 2011 No. 68. 3. The order of the Prosecutor General of the Republic of Kazakhstan dated October 18, 2011 No. 95 "On approval of the Rules of Procedure of the General Prosecutor's Office of the Republic of Kazakhstan". Questions for self-control 1. Describe the concept of prosecutorial oversight as a form of law enforcement. 2. What are the directions of the prosecutor's office? 3. Describe the system of prosecution authorities. 4. Expand the structure of the General Prosecutor's Office of the Republic of Kazakhstan. 5. What is the procedure for appointing the Prosecutor General of the Republic of Kazakhstan and his deputies? 6. Identify specialized prosecutors and their tasks. 7. What does subordination of subordinate prosecutors mean to their superiors? 8. Indicate the composition of the Collegium of the General Prosecutor's Office of the Republic of Kazakhstan and the tasks it solves. 9. Indicate the structure, main activities and functions of the Office for Supervision of the Application of International Treaties of the General Prosecutor's Office of the Republic of Kazakhstan. 10. Expand the purpose and objectives of the Call Center of the General Prosecutor's Office of the Republic of Kazakhstan. 11. What is the peculiarity of systematization of acts of the prosecutor in the new Law on the Prosecutor's Office of 30 June 2017? 12. Give a summary of the acts of prosecutorial supervision. What acts of prosecutorial oversight differ from acts of prosecutorial response? 13. Indicate the purpose of publishing acts of the prosecutor's office in the media.

58

Lecture 6. Organs of Internal Affairs of the Republic of Kazakhstan Main issues (provisions) and summary The bodies of internal affairs, their tasks and organization The internal affairs bodies of the Republic of Kazakhstan (hereinafter – the bodies of internal affairs) are a law enforcement body designed to protect the life, health, rights and freedoms of a person and citizen, the interests of society and the state against unlawful attacks, safeguard public order and ensure public safety. The Law of the Republic of Kazakhstan of April 23, 2014 No. 199-V "On Internal Affairs Bodies of the Republic of Kazakhstan" defines the tasks, competence, powers and legal status of employees, servicemen and employees of internal affairs bodies. In order to ensure public security, the internal affairs bodies carry out the following tasks: 1) prevention of offenses; 2) protection of public order; 3) fight against crime; 4) execution of criminal penalties and other measures of criminal law influence, as well as administrative penalties; 5) prevention and liquidation of emergency situations, ensuring fire safety, organization of civil defense. The activities of law enforcement bodies are carried out in accordance with the principles of public service and special principles of law enforcement in the Republic of Kazakhstan. In accordance with the legislation of the Republic of Kazakhstan, internal affairs bodies, within the limits of assigned tasks, are vested with competence, carry out: 1) a set of measures aimed at identifying, studying, eliminating the causes and conditions conducive to the commission of offenses; 2) a set of measures to protect public order; 3) state control and supervision of traffic and ensuring its security; 4) state control over the circulation of civil and service weapons and cartridges to it; 5) state control in the field of security activities; 59

 

6) protection of individuals and objects subject to state protection; 7) monitor the state of antiterrorist protection of objects vulnerable to terrorist attack; 8) implementation of the state policy in the field of citizenship, migration of the population and refugees; 8-1) carry out interdepartmental coordination in the field of population migration; 8-2) monitor, analyze and predict migration processes; 8-3) develop a system of measures in the field of regulation and monitoring of migration processes; 9) the production of identity documents, as well as the maintenance of the National Register of Individual Identification Numbers; 10) licensing and licensing activities; 11) carry out proceedings in cases of administrative offenses; 12) disclosure and investigation of criminal offenses; 13) operatively-search activity and secret investigative actions; 14) research; 15) search; 16) implementation of the state policy in the sphere of trafficking in narcotic drugs, psychotropic substances, precursors and counteracting their illegal circulation and abuse; 17) state protection of persons participating in criminal proceedings; 18) the implementation of state policy in the sphere of criminal executive activity, the maintenance of persons in special institutions of the law-enforcement bodies; 19) public services; 20) international cooperation; 20-1) state control in the field of civil protection; 21) other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. The bodies of internal affairs within the limits of their competence established by Article 6 of the Law of the Republic of Kazakhstan of April 23, 2014 No. 199-V "On Internal Affairs Bodies of the Republic of Kazakhstan" are obliged: 1) to protect life, health, rights and freedoms of a person and citizen from unlawful attacks; 60

 

2) to receive, register and consider applications or reports of an incident committed or being prepared for a criminal or administrative offense, inform the applicant of the decision taken; 3) to provide assistance to individuals affected by unlawful infringements, accidents and accidents, as well as to those in a helpless or otherwise dangerous condition for their life and health; 4) to implement general, special and individual measures to prevent offenses; 5) carry out patrolling; 6) monitor compliance with traffic rules and regulations related to road safety, regulate traffic; 7) to issue driver's licenses, state registration of vehicles on the identification number and their accounting; 8) identify and suppress administrative violations, carry out proceedings in cases of administrative offenses; 9) to deliver to medical organizations or bodies of internal affairs persons who are in public places in a state of intoxication, offending human dignity and public morality; 10) to search, detain and deliver to special medical institutions persons who evade compulsory medical measures appointed by a court decision; 11) to deliver juvenile neglected children between the ages of three and eighteen years, as well as children left without parental care or persons who replace them; 12) ensure the protection of public order in the conduct of mass events; 13) to stop mass riots, group disobedience; 14) implement measures to prevent and eliminate emergencies, fire safety and civil defense, provide emergency or martial law; 15) to exercise state control over subjects engaged in security activities, installation, adjustment and maintenance of alarm equipment, and for the activities of specialized training centers for the training and professional development of employees holding positions of head and guard in a private security organization; 16) protect individuals and objects subject to state protection; 17) to inspect persons, their belongings, vehicles, providing access to the facilities subject to state protection; 61

 

18) issue an identity card and a passport of a citizen of the Republic of Kazakhstan, a residence permit for an alien, a certificate of a stateless person, create individual identification numbers and maintain a National Register of Individual Identification Numbers; 19) ensure the registration of the materials of citizenship, determine the belonging (non-belonging) to the citizenship of the Republic of Kazakhstan; 20) carry out the registration of citizens of the Republic of Kazakhstan, their registration and removal from registration at the place of residence, execution of documents for travel outside Kazakhstan to permanent residence; 21) take measures to suppress illegal immigration, register and register aliens and stateless persons, monitor compliance with the established rules for entry, exit, stay in the Republic of Kazakhstan and transit passage through the territory of Kazakhstan; 22) to carry out fingerprinting, photographing labor immigrants and form their records; 23) issue visas for foreigners and stateless persons to leave the Republic of Kazakhstan, permits for temporary stay and permanent residence in Kazakhstan; 24) implement procedures for the appropriation, extension, deprivation and termination of refugee status, the issuance of a refugee certificate, a travel document, a certificate of the asylum seeker; 25) to exercise control in the form of inspections and preventive control over the observance by individuals and legal entities of established rules for the circulation of civil and service weapons and cartridges to it, civil pyrotechnic substances and articles with their use, narcotic drugs, psychotropic substances and precursors; 26) issue: Directions: to individuals on the commission sale of civil weapons and cartridges to it; legal entities on the commission sale of civil and service weapons and cartridges to it; Conclusion: to individuals for import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, 62

 

as well as transit through the territory of the Republic of Kazakhstan of single copies of civil weapons and cartridges to it; Legal entities for: Correspondence of civil and service weapons and cartridges to it with forensic requirements; Importation 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 to it; Permissions: To individuals for the acquisition, storage, storage and carrying, transportation of civil weapons and cartridges to it; Legal entities for: Acquisition, storage of civil pyrotechnic substances and products with their use; Acquisition, storage, storage and carrying, transportation of civil and service weapons and cartridges to it; Storage, storage and carrying, transportation of civil and service weapons and cartridges to it; Opening and functioning shooting rifles (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 to neutralize and destroy the explosives, ammunition and explosive devices found; 28) to monitor the state of antiterrorist protection of objects vulnerable to terrorism, with the exception of objects of the Republic of Kazakhstan protected by the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as by special state bodies, and the execution by their leaders of requirements provided for by the Law of the Republic of Kazakhstan "On Counteraction terrorism"; 29) to take part in conducting antiterrorist operations and security measures; 30) to identify, prevent, suppress and disclose criminal offenses, including by conducting operational search activities; 63

 

31) detain persons committing criminal or administrative offenses; 32) establish the reasons and conditions conducive to the commission of criminal offenses, take measures aimed at their elimination; 33) to carry out pre-trial proceedings in criminal cases; 34) search for persons who have disappeared from the bodies of inquiry, investigation and court evading the execution and serving of criminal punishment, execution of the court decision, missing; 35) to execute judicial acts, demands of judges, decisions, orders and requirements of the prosecutor, as well as written instructions of the investigator, inquirer during the pre-trial proceedings in criminal cases; 36) assist judicial executors in compulsory execution of executive documents; 37) take security measures to protect the life and health of persons subject to state protection and their property; 38) to keep persons in special institutions of the bodies of internal affairs, to ensure their protection and convoying; 39) to execute sentences and decisions of the court in respect of convicts, ensure observance of the order and conditions of serving sentences, guarding the institutions of the penal-executive system; 40) ensure sanitary and epidemiological welfare and protection of the health of persons held in institutions of the penal system and special institutions of internal affairs bodies; 41) to demand from persons held in the institutions of the penal enforcement system to fulfill the obligations imposed on them by the legislation of the Republic of Kazakhstan and the court's verdict; 42) ensure the legality, law and order in the institutions of the penal system; 43) ensure their own security; 44) ensure the protection of information constituting state secrets, and departmental control over compliance with the secrecy regime; 45) ensure compliance with information security requirements; 46) ensure the protection of personal data; 47) ensure the accumulation, preservation and accounting of the documents of the National Archival Fund of the Republic of Kazakhstan and other documentary materials on the activities of the internal affairs bodies, issue archival certificates to individuals and legal entities; 64

 

48) submit, upon the request of the authorized body on financial monitoring, information from its own information systems in accordance with the legislation of the Republic of Kazakhstan on combating money laundering and financing of terrorism; 49) submit, upon request of the authorized body in the field of rehabilitation and bankruptcy, information on criminal proceedings in criminal proceedings against property against debtors recognized as bankrupt in accordance with the procedure established by law or for which a rehabilitation procedure has been applied; 50) carry out interdepartmental coordination of public security activities; 51) perform other duties stipulated 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. The bodies of internal affairs within their competence have the right: 1) require individuals and legal entities to comply with the legislation of the Republic of Kazakhstan, stop illegal activities, and in case of non-fulfillment of these requirements, apply appropriate coercive measures; 2) to check the identity documents of individuals, as well as other documents necessary to verify compliance with established rules, control over the implementation of which is assigned to the internal affairs bodies; 3) call individuals and representatives of legal entities in the bodies of internal affairs on materials and cases in production, receive explanations and testimony from them, documents, copies thereof, and in case of failure to expose the drive in an established manner; 4) to request from heads or other officials of objects vulnerable to terrorism, regardless of the form of ownership, information on their performance of the requirements provided for by the Law of the Republic of Kazakhstan "On Counteracting Terrorism"; 5) to request from the subjects of security activities information on the fulfillment of the requirements provided for by the Law of the Republic of Kazakhstan "On Security Activity"; 6) to make to the physical and legal persons binding orders, representations on the elimination of the reasons and conditions conducive to the commission of criminal or administrative offenses; 65

 

7) establish cooperation on a public and private basis with citizens for the implementation of tasks assigned to the internal affairs bodies; 8) to encourage citizens who have distinguished themselves in the protection of public order; 9) to stop illegal forms of expression of public, group or personal interests and protest; 10) conduct an examination of persons with a view to ascertaining the use of a psychoactive substance and the state of intoxication, and, if this is not possible, to be delivered to medical institutions for examination; 11) stop and inspect vehicles, remove persons from driving, prohibit the operation of vehicles, temporarily restrict or prohibit the movement of vehicles and pedestrians; 12) to cordon off areas of the terrain during the liquidation of the consequences of emergency situations, conduct an anti-terrorist operation, security, mass, quarantine measures, detain the wanted persons, release hostages, prosecute persons suspected of committing criminal or administrative offenses, verify information on the detection of explosive materials, ammunition and explosive devices, poisonous and radioactive substances, suppression of riots and other group actions threatening safety and individuals of life infrastructure, disrupt public order; 13) to inspect persons, their belongings, vehicles and transported goods, including the use of technical means, at the entrance (entrance) to the places of carrying out protective and mass events, not to allow persons and vehicles with prohibited items and things; 14) establish checkpoints when conducting operational preventive, search and other special measures; 15) to take part in quarantine, sanitary-antiepidemic and nature protection measures; 16) to attract for the liquidation of the consequences of emergency situations the forces and means of fire fighting and rescue services, transport and other material and technical means, communications and chemical protection of organizations, if necessary, give orders for the evacuation of people, material values from the danger zone, suspend the work of the workshops and facilities for the period of liquidation of emergency situations; 66

 

17) use any mode of transport (except vehicles of representative offices of foreign states and international organizations with diplomatic immunity) for the prosecution of persons suspected of committing a criminal offense, arrival to the scene, during an emergency or martial law, in armed conflict, when emergency situations, as well as for the delivery of persons in need of emergency medical care, to medical organizations, if delay can occur with zdat real threat to the life or health of people, with compensation of material damage to the owners in case of such damage in accordance with the procedure established by the Government of the Republic of Kazakhstan; 18) carry out inspections of the sites for the development, production, repair, storage, use, destruction, trade, collection and display of civil and service weapons and cartridges to it, their main components, civil pyrotechnic substances and products with their use; 19) use technical means to fix the facts of the commission of criminal or administrative offenses and the actions of employees of law enforcement bodies; 20) carry out measures to detain persons who have committed criminal or administrative offenses, evading execution and serving a criminal sentence and other measures of criminal law influence; 21) to deliver to the bodies of internal affairs of individuals for the commission of an administrative offense; 22) detain servicemen who committed criminal or administrative offenses and transfer them to military police, commanders of military units or heads of local military command agencies; 23) to withdraw weapons, ammunition, narcotic drugs, psychotropic substances and precursors, as well as other prohibited items and substances; 24) conduct special operations to detect, block, neutralize and detain criminals and persons who committed serious and particularly serious crimes, members of organized criminal groups (communities), and to release hostages; 25) enter unhindered, inspect residential and other premises, territories and land plots (except for representative offices of foreign states and international organizations with diplomatic immunity) in the prosecution of suspects in criminal or administrative offenses that 67

 

threaten the safety of individuals, or, if there is sufficient data, that there is committed or committed a criminal or administrative offense, an accident occurred, to ensure personal safety and individuals and public safety in case of natural disasters, catastrophes, accidents, epidemics, epizootics and mass disorder; 25-1) in order to ensure the monitoring and control of persons registered with the internal affairs bodies, to check the availability and integrity of electronic tracking devices to enter the living quarters, where they live, on the territory and land plots (except for representations of foreign states and international organizations , possessing diplomatic immunity), to production and other premises of organizations regardless of the form of ownership at their place of work or study; 26) to restrict or temporarily prohibit individuals from accessing or staying in dwellings, in certain areas of the locality, if their presence creates a threat to life and health of a person, to property objects, disrupts the work of organizations, hinders the movement of vehicles and pedestrians, search activities, investigative actions and mass events; 27) use the documents of other state bodies and organizations to encrypt conspiratorial organizations, premises, vehicles, the identity of employees and their departmental affiliation; 28) conduct scientific and technical and other studies; 29) create, use and improve departmental and operational records; 30) to photograph, fingerprint, produce sound recordings, film and video footage, select biological, chemical, biological and chemical weapons for the placement of criminal suspects, defendants, persons serving sentences in institutions of the penal system, detained in special institutions of internal affairs bodies, ocological and other specimens; 31) create, use and improve information systems, information and communication and telecommunication networks, communication networks; 32) to detain persons on the territory adjacent to the institution of the correctional system and bring them to the bodies of internal affairs who committed acts subject to administrative or criminal law to carry out their personal searches; 33) to inspect persons, their belongings, vehicles located on the territory of the institution of the penal enforcement system 68

 

and the adjacent territory on which the regime requirements are established, and also to remove prohibited items and documents, the list of which is established by the legislation of the Republic of Kazakhstan; 34) to conduct an examination of persons held in the institutions of the correctional system for the establishment of the fact of the use of a psychoactive substance and the state of intoxication, and, if this is not possible, to be delivered to medical institutions for examination; 35) temporarily restrict or prohibit the movement of vehicles, prevent citizens from entering the territory of the penitentiary system and the surrounding territory, or oblige them to stay or leave it when the special conditions regime is introduced; 36) to involve public and religious associations in the activity of the penal-executive system in accordance with the legislation of the Republic of Kazakhstan; 37) refuse to provide public services in accordance with the legislation of the Republic of Kazakhstan; 38) involve the mass media in order to cover the activities of the internal affairs bodies; 39) for gratuitous air navigation services for aircraft of internal affairs bodies; 40) collect and process personal data; 41) exercise other rights provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. Concept of the system of law enforcement bodies A single system of internal affairs bodies is formed by the police, the penitentiary system, military investigative agencies, the National Guard of the Republic of Kazakhstan, civil protection bodies. Police are formed by criminal police, administrative police, investigative units, inquiries and other units. The criminal police consists of units for combating organized crime, extremism, illicit trafficking in narcotic drugs, psychotropic substances and precursors, and other units that carry out operationalsearch activities. 69

 

The administrative police consists of the local police service, control units in the sphere of circulation of civil and service weapons, migration police, temporary detention cells, units of the escort service and other units engaged in the protection of public order. Internal affairs bodies consist of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter – the Ministry of Internal Affairs), departments, territorial bodies, as well as organizations subordinate to the Ministry of Internal Affairs. Territorial bodies are departments of internal affairs of oblasts, cities of republican significance and capital, transport, city, district, district in cities, line bodies of internal affairs, military investigative bodies. The penitentiary system is formed by the department, its territorial bodies, the probation service and institutions executing punishments, other subordinate organizations. The typical organizational structure and the limit of staff numbers of the system of internal affairs bodies are approved by the Government of the Republic of Kazakhstan on the proposal of the Minister of Internal Affairs of the Republic of Kazakhstan. Main functions of law enforcement bodies The bodies of internal affairs are multifunctional law enforcement agencies. The main types of law enforcement activities carried out by the bodies of internal affairs are: – administrative, connected with the protection of public order, the organization of road safety; – criminal procedure, including the investigation of criminal offenses, as well as the related examination of applications and reports on criminal offenses, the preparation of materials in a protocol form; – operative-search activity for the detection and disclosure of crimes, the search for persons who committed crimes and fled from the bodies of preliminary investigation and the court, who fled from places of deprivation of liberty, missing persons; – the criminal executive, connected with the organization of execution and serving of the criminal punishments connected with imprisonment under the verdict of the court; A large place in the activities of the internal affairs bodies is the issuance of identity cards, passports, permits for carrying and 70

 

possession of firearms, gas weapons, issuing licenses for engaging in private security activities. The bodies of internal affairs carry out the protection of property objects under contracts. By the Decree of the President of the Republic of Kazakhstan "On the penitentiary system of the Republic of Kazakhstan" dated July 26, 2011, the functions and powers of the Ministry of Justice in the sphere of criminal executive activity were returned back to the Ministry of Internal Affairs of the Republic of Kazakhstan. Since 2001, the criminal executive system has been in the competence of the civil ministry – the Ministry of Justice of the Republic of Kazakhstan. The country's leadership considered that finding a penal system at the disposal of the Ministry of Justice did not lead to an improvement in the criminal situation in prisons, but, on the contrary, it complicated, the evidence was an increase in the number of mass armed escapes of convicts from correctional institutions. These events indicated that the penitentiary system in the structure of the Ministry of Justice did not cope with the tasks assigned and lost control over the criminal situation in prisons, which had a negative impact on the entire activity of the correctional system, both in providing protection and on the basic principle of correcting convicts enforcement of sentences. In connection with which the country's leadership decided to return it to the system of the Ministry of Internal Affairs of the Republic of Kazakhstan. Criminal police The main tasks of the criminal police are: the detection, prevention, suppression, disclosure and investigation of crimes, the production of inquiries on crimes related to the jurisdiction of the internal affairs bodies, the organization and conduct of the search for persons who disappeared from investigation, inquiry and trial evading execution and departure criminal punishment, missing persons and in other cases provided for by the legislation of the Republic of Kazakhstan. The criminal police is formed by operatively-search, investigative, scientific-technical and other units necessary to solve the tasks facing it, directly subordinate to the Ministry of Internal Affairs of the Republic of Kazakhstan. 71

 

Administrative Police The main tasks of the administrative police are: protection of public order, ensuring public safety, identifying, preventing and suppressing criminal offenses and administrative offenses, disclosing criminal offenses, conducting inquiries and administrative proceedings within the competence established by the legislation of the Republic of Kazakhstan, securing law and order in places where detainees are held and arrested persons, including persons without a fixed place of residence, documents , identification and suppression of neglect and delinquency among minors, state supervision and control over ensuring road safety, implementation of licensing and licensing activities assigned to the internal affairs bodies in accordance with the legislation of the Republic of Kazakhstan. Administrative police are formed by the services of district police inspectors and district police inspectors for juvenile affairs, patrol service units, licensing and licensing systems, environmental and veterinary police, traffic police, special institutions of internal affairs bodies and other units necessary to address the tasks facing the administrative police. In connection with the positive results of the experiment conducted in 2012 to create a service of "universal policemen" of the Ministry of Internal Affairs of the Republic of Kazakhstan, this experience was introduced throughout the country. It is about uniting the combat units of the patrol and traffic police in the regional centers and cities of Astana and Almaty. Outside the cities on highways of republican significance, the posts of the "Rubezh" system have been abandoned by the traffic police. In connection with the creation of the local police service, a significant part of the functions of the administrative police went to it, in particular, the protection of public order, ensuring road safety and others. Military Investigative Bodies The main tasks of the military investigative bodies are the identification, prevention, suppression, disclosure and investigation of military criminal offenses committed by servicemen related to the investigative authorities of the internal affairs bodies. Military-investigative bodies form the military-investigative department, military-investigation departments and divisions consisting 72

 

from investigative, operational-search, operational-technical and other units necessary to solve the tasks facing them. Military-investigative bodies in the person of officials authorized to do so within their competence enjoy all the rights and perform the duties of the internal affairs bodies in accordance with the legislation of the Republic of Kazakhstan. Military-investigative bodies are provided with office premises, communication facilities at the expense of the Armed Forces. Military police of the Ministry of Internal Affairs The military police of the Ministry of Internal Affairs is a special body and is intended: to ensure law and order in the internal troops, to conduct inquiries on military crimes, as well as on other crimes committed by servicemen of internal troops, to prevent, detect, suppress crimes and administrative offenses among them, search of servicemen of internal troops. The military police of the Ministry of Internal Affairs, in the person of officials authorized to do so, uses the powers of the internal affairs bodies to carry out the tasks assigned to them within the limits of their competence. At the same time, he has the right to check documents from servicemen and other persons on the territory of military camps, units of military units and internal troops. The military police is provided with office premises, vehicles and communication facilities at the expense of internal troops of the Ministry of Internal Affairs of the Republic of Kazakhstan, which also bear the costs of their operation and maintenance. Military servicemen wear military uniforms with insignia in accordance with military ranks. At the same time, it can be supplemented with special breastplate, patchwork distinctive signs of military police of the established pattern. The Criminal Executive System of the Ministry of Internal Affairs The penitentiary system, as indicated above, forms the department, its territorial bodies, the probation service and institutions that carry out punishment, other subordinate organizations. 73

 

Institutions and bodies executing punishment are:  Penitentiary inspections, in the structure of which the probation services function;  Correctional facilities;  investigatory isolators;  scientific research, treatment and prevention organizations and educational organizations;  Organizations designed to carry out productive activities in the field of the penal system and the involvement of convicts in labor, and their structural units. The staff of the bodies and institutions of the penal system are:  employees of the bodies and institutions of the penal system;  State employees holding positions in the penal system;  employees of the penitentiary system, consisting in labor relations with institutions and bodies of the penal system. The order of organization of activities, rights and duties of bodies, the administration of the institutions of the penitentiary system and their officials are established by legislative and other regulatory legal acts of the Republic of Kazakhstan. In the sphere of criminal-executive activity, the bodies of the criminal-executive system of the Ministry of Internal Affairs perform the following functions: 1) enforcement of sentences, rulings and rulings of courts against convicts, ensuring compliance with the procedure and conditions of serving sentences in the institutions of the penal system, established by law; 2) the maintenance of suspects and accused; 3) the organization of placement of convicts in the institutions of the penal system in accordance with the sentences, rulings and definitions of the courts; 4) organization of the implementation of corrective influence on convicts, including using psychological and pedagogical methods; 5) organization of employment of convicts; 6) protection of the bodies of the penal system, correctional facilities intended for serving sentences of convicted women, minors, prisons and pre-trial detention centers; 74

 

7) control over the operational situation in the bodies and institutions of the penal system, ensuring the safety of personnel, suspects, accused and convicted persons, convoying; 8) ensuring the organization of work for the preparation of convicts for release, the execution of acts of amnesty and pardon, the interaction of institutions and bodies of the penal system with other law enforcement agencies, government bodies and public associations to fix the results of correcting convicts, their labor and domestic arrangements; 9) organization and implementation of operational-search activities and inquiries in accordance with the legislation of the Republic of Kazakhstan; 10) organization of general education and vocational training for convicts; 11) provision of sanitary and epidemiological welfare and protection of the health of persons held in institutions of the penal system; 12) involvement of public and religious associations in the activity of the penal-executive system; 13) provision of professional preparedness, legal and social protection of personnel; 14) coordination of scientific research of state bodies and organizations in the sphere of criminal executive activity. State institutions of the penitentiary system implement works and services not related to core activities. The list of works and services not related to the main activity of the state institutions of the penal enforcement system include the work and services provided in the organization of activities to ensure the legitimate interests of suspects, accused, convicted persons held in them, for additional purchase of food, essentials , clothes, shoes, newspapers, magazines, literature, medicines and other medical supplies for providing additional medical and preventive care, the introduction of long visits and additional medical, preventive and other services defined by regulatory legal acts of the Republic of Kazakhstan, as well as for the suspects and accused, the creation of additional paid public services. It should be noted that in order to ensure humane conditions of detention and of the treatment of persons deprived of their liberty, 75

 

which would have a corrective influence on them as part of a modern and progressive system, which is based on European minimum standards Rules for the Treatment of Prisoners of 1987, and in accordance with the recommendation of the European Code of Police ethics, which states that "The police should not be a substitute for prison staff ..." correctional system in 2001 was transferred as an experiment from the system of the Ministry of Internal Affairs of the Republic of Kazakhstan to the introduction of the Ministry of Justice of the Republic of Kazakhstan. However, after the past ten years, this situation is not satisfied with the country's leadership, which considered that the finding of the penal system at the disposal of the Ministry of Justice has not led to an improvement in the crime situation in prisons, but on the contrary, it was complicated. Evidence of this was the increase in the number of mass armed escapes of convicts from correctional institutions. These events indicate that the criminal-executive system of Ministry of Justice in the structure can not cope with its tasks, and lost control of the crime situation in prisons. This had a negative impact on all the activities of the correctional system, both in providing security and correcting convicts in the execution of sentences. In connection with which the decision was made to return it to the system of the Ministry of Internal Affairs of the Republic of Kazakhstan. So, by the Presidential Decree "On the penitentiary system of the Republic of Kazakhstan" dated July 26, 2011 the functions and powers of the Ministry of Justice in the area of criminal enforcement activity were again transferred to the Ministry of Internal Affairs of Kazakhstan. Ministry of Internal Affairs and its structure The Ministry of Internal Affairs is the central executive body of the Republic of Kazakhstan, which heads a unified system of internal affairs bodies. The Ministry of Internal Affairs of the Republic of Kazakhstan is headed by the Minister who is appointed and dismissed by the President of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan on March 10, 2017 "On Making Amendments and Additions to the 76

 

Constitution of the Republic of Kazakhstan." At the same time, the head of state resolves these issues independently. The minister currently has five deputies, including one first, and also the commander-in-chief of the National Guard, who are appointed and dismissed by the President of the Republic of Kazakhstan, on his behalf. The Minister of Internal Affairs of the Republic of Kazakhstan manages the uniform system of internal affairs bodies. He is personally responsible for the implementation of the tasks assigned to the Ministry of Internal Affairs of the Republic of Kazakhstan and the implementation of policy in the law enforcement sphere. Structurally, the Ministry of Internal Affairs of the Republic of Kazakhstan consists of the following departments:  Administrative Police Committee;  Committee of the Penitentiary System;  Emergency Committee;  The main command (committee) of the National Guard of the Republic of Kazakhstan. For clarity, the current structure of the Ministry of Internal Affairs of the Republic of Kazakhstan as of March 2017 is presented in the diagram9. Each of the structural units of the Ministry of Internal Affairs of the Republic of Kazakhstan carries out work on organizing activities in similar units of lower-level bodies of internal affairs, provides them with methodological and practical assistance. In addition, many units directly carry out law enforcement activities. For example, the Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan is investigating particularly complex criminal cases. The Criminal Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan takes operative-investigative measures to disclose grave and especially serious crimes of great social importance, etc. Thus, the ministry has strategic, regulatory functions, and control and implementation committees.                                                              9

Ministry of Internal Affairs (Ministry of Internal Affairs of the RK) // Source: https: //primeminister.kz/rupage/ministerstvo-vnutrennih-del

  77

 

78

 

In accordance with the Decree of the President of the Republic of Kazakhstan of 06.08.2014. No. 875 "On Reforming the Public Administration System of the Republic of Kazakhstan" with a view to modernizing and improving the efficiency of the public administration system The Ministry of Internal Affairs of the Republic of Kazakhstan was reorganized with the transfer of the functions and powers of the Ministry of Emergency Situations of the Republic of Kazakhstan, with the exception of functions and powers in the field of industrial safety, formation and development of the state material reserve. In connection with which the Emergency Situations Committee was established in the Ministry of Internal Affairs of the Republic of Kazakhstan. The Committee for Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Internal Affairs of the Republic of Kazakhstan) is the Ministry of Internal Affairs of the Republic of Kazakhstan, which, in accordance with the legislation of the Republic of Kazakhstan, performs functions in the field of civil protection, in the prevention and liquidation of emergency situations of natural and man-made nature, medical and psychological assistance to the population, ensuring fire safety and organizing civil defense of the Republic of Kazakhstan. The Criminal Police Department of the central apparatus of the Ministry of Internal Affairs of the Republic of Kazakhstan consists of:  Guidance;  Office of organizational and analytical and "A" support;  Department for the organization of the disclosure of crimes against the person;  Department for the organization of disclosure of property crimes;  Office "K";  Office of Criminal Investigation;  Office for Combating Organized Crime;  the Southern Regional Office for Combating Organized Crime (the location of the city of Almaty);  Office. 79

 

The structure of the CoES of the Ministry of Internal Affairs of the Republic of Kazakhstan is presented in the scheme10.

10

Source: Committee for Emergency Situations of the Ministry of ...http://emer.gov.kz/ru/? start=28

80

The main tasks of the Criminal Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan are: organization and implementation of work to prevent, suppress, identify and solve crimes, and implement state policies in the field of combating crime, within their competence. Ensuring the inevitability of punishment for crimes committed. The diverse and responsible activity of the Criminal Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan is expressed in its functions. In the Ministry of Internal Affairs of the Republic of Kazakhstan, there is a Committee of the Criminal-Executive System of the Ministry of Internal Affairs, to which the regional departments of the penitentiary system are subordinated, institutions executing criminal penalties (correctional and educational colony, prison), investigative isolators, enterprises specially created to ensure the operation of MIS etc. The structure of the penitentiary system includes 76 correctional facilities, 18 pre-trial detention centers, 3 educational organizations, 3 state-run state enterprises (Enbek, Enbek-Karaganda, EnbekOskemen), 240 Penitentiary Inspections11 The main tasks of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan are the implementation of the state policy in the sphere of execution of criminal penalties, ensuring law and order in the bodies and institutions executing criminal penalties, organizing corrections for convicts, ensuring the observance of the rights and legitimate interests of suspects, accused and convicted persons, and citizens in the institutions of the penal system. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes:  Leadership.  Headquarters-Management.  Operational management.  Management of the regime, supervision and protection. 11 Map of the location of the institutions of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan. Source: http://sotreport.kz/statistics/karta-uchrezhdenij-komiteta-ugolovno-ispolnitel-nojsistemy-mvd-rk/

81

82

 Management of educational and socio-psychological work among prisoners.  Management of personnel work.  Management of medical support.  Manage your own security.  Management of remand centers and special records.  Resource management.  Legal department.  Division of Labor Organization of Convicts.  Department for the Management of Penitentiary Inspections.  Department of Information and Public Relations.  Department of Technical Service. The Ministry of Internal Affairs of the Republic of Kazakhstan also includes the Headquarters, the National Central Bureau of Interpol, the Information and Public Relations Center and various auxiliary units. The Headquarters prepares and implements the activities of the Ministry of Internal Affairs to develop foreign relations with law enforcement agencies of foreign states. Functions of the Headquarters in this area of activity:  provides organizational support and coordination of the activities of the system of internal affairs bodies in the field of international cooperation, as well as international legal work;  carries out control over the fulfillment of the international obligations of the ministry and the implementation of activities arising from international treaties of the Republic of Kazakhstan;  Together with the concerned services, the Ministry of Internal Affairs provides protocol support for official receptions, working meetings and negotiations of the Minister with foreign delegations staying in the Ministry;  Organizationally, it provides organizational and scientific conferences, seminars, roundtables conducted by the Ministry jointly with international organizations and diplomatic missions of foreign countries accredited in the Republic of Kazakhstan;  takes measures to ensure compliance with the norms of the State Protocol when the Ministry conducts activities in the field of international cooperation; takes part in the organization and provision in 83

the established manner of departure for foreign trips of employees of the internal affairs bodies;  takes part in the formation and control over the execution of the budget for programs related to overseas business trips and official expenses. The tasks of the Headquarters also include: organization and coordination of work on establishing and strengthening international cooperation of law enforcement bodies; improvement of legal regulation in this sphere. Functions of the Headquarters:  makes proposals to the leadership of the Ministry for the expansion of international cooperation of law enforcement agencies;  takes measures to ensure the interests of the ministry in the provisions of regulatory legal acts of the Republic of Kazakhstan regulating international relations;  prepares drafts of international treaties and normative and legal acts related to issues of international cooperation, participates in the development and implementation of plans and programs for international cooperation;  checks for compliance with the requirements of legislation submitted to the Minister of the draft regulatory legal acts relating to international cooperation, prepared by the Ministry's services and coming in for approval from other government bodies. With the participation of interested services, the ministry prepares conclusions about the possibility of their sighting. The headquarters (department) is a structural subdivision of the Ministry of Internal Affairs of the Republic of Kazakhstan, which provides and implements inter-branch operational management of the activities of the internal affairs bodies. The Headquarters in its activity is guided by the Constitution of the Republic of Kazakhstan, laws, acts of the President and the Government of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan, other regulatory legal acts, and the Regulations. The structure and staff number of the Headquarters are approved by the Minister of Internal Affairs in the order established by the legislation of the Republic of Kazakhstan. 84

 

The bureau consists of:  management;  Department of organizational and analytical work;  Planning and control department;  Coordination Department;  Control of registration and registration discipline;  Area control and inspection teams;  Office. Interpol is the official abbreviation of the international criminal police organization, whose headquarters are in France, in the city of León. Almost all countries participate in it. Kazakhstan gained membership in 1992. The National Central Bureau of Interpol in the Republic of Kazakhstan (NIB RK) is an independent structural subdivision of the central apparatus of the Ministry of Internal Affairs of the Republic of Kazakhstan (as management). The personnel of the NIB are served in accordance with the Law on Law Enforcement Service of the Republic of Kazakhstan. The bureau is headed by a chief with a deputy who is appointed and dismissed by the Minister of the Interior. The main task of the NIB is to ensure the international interaction of the units of the bodies of the Ministry of Internal Affairs of the Republic of Kazakhstan with similar bodies of the Interpol member states in combating crime in compliance with national legislation and generally accepted human rights and freedoms. The NIB implements the functions assigned to it by processing and sending information through its channels to the structural subdivisions of the Ministry of Internal Affairs, which ensure the execution of requests. Coordination activities are carried out by structural units of the National Central Bureau, whose structure and staff are approved by the Minister of Internal Affairs of the Republic of Kazakhstan. The Regulation on NIBs in the Republic of Kazakhstan gives a description of the main functions of the NIB4: 4 Position of the Ministry of Internal Affairs of RK from April 27, 1998 №132 "On the National Central Bureau of Interpol in the Republic of Kazakhstan". 85

 

– The NIB organizes interaction and cooperation of law enforcement agencies of the Republic of Kazakhstan in the fight against crimes at the international level; – provides functional and confidential information on the issues of combating international crime, for which it creates a link with the units of the Ministry of Internal Affairs of the Republic of Kazakhstan with other law enforcement agencies of the Republic of Kazakhstan; with the General Secretariat of Interpol; with NIBs of other countries; – sends to the General Secretariat and NIB of Interpol member states requests and notifications from the law enforcement bodies of the Republic of Kazakhstan on the provision of data on crimes and criminals, on the search for persons of objects and documents, monitoring of persons suspected of criminal activity, as well as other information in order to prevent crime and their disclosure; – accepts similar requests and notifications from the General Secretariat and NIB of Interpol member states; – organizes, through the appropriate national law enforcement agencies, measures to locate persons, documents and items sought at their request and inform the law enforcement authorities of the Republic of Kazakhstan. If necessary, the NIB sends to the General Secretariat and NIB of interested states information about the crimes committed by foreign citizens in Kazakhstan, as well as about foreign citizens detained in the Republic of Kazakhstan on suspicion of committing crimes, brought to criminal responsibility and convicted of crimes related to terrorism, illegal trafficking in narcotic and psychotropic substances, the manufacture and sale of counterfeit money, with encroachment on historical and cultural values and other limits which, in accordance with the binding decisions of the Interpol General Assembly, are to be included in international criminal statistics. To date, the Interpol Kazakhstan NIB maintains business contacts with law enforcement agencies of more than 40 member states of this organization, trying to improve the effectiveness of its work through mutually beneficial exchange of experience. 86

 

Organization of the Ministry of Internal Affairs of the Republic of Kazakhstan The Ministry of Internal Affairs of the Republic of Kazakhstan is headed by a minister who directly or through his deputies heads the structural subdivisions of the Ministry. In the Ministry of Internal Affairs of the Republic of Kazakhstan, a board is formed comprising the minister, his deputies, the Commander in Chief of Internal Troops, and other senior officials of the internal affairs bodies. The numerical and personal composition of the College is approved by the Minister. The collegium examines especially important issues of organization and activities of the internal affairs bodies and internal troops. Decisions of the panel are adopted by a majority of votes and are carried out by the orders of the minister. The Minister makes appointments and dismissals of heads of structural divisions and employees of law-enforcement bodies in their nomenclature. Structure of local divisions of law enforcement bodies Local ATS units consist of departments of internal affairs of oblasts, cities of republican importance and the capital, and in the regions – district departments of internal affairs. Specific structures of these divisions will be considered on the example of the Department of Internal Affairs of the North Kazakhstan region. Subdivisions of the Department of Internal Affairs: – Headquarters of the Department of Internal Affairs. – Secretariat of the Department of Internal Affairs. – Department of Language Policy and Information DVD. – Management of the criminal police. – Office for Combating Organized Crime. – Anti-Narcotics Department. – Investigation Department. – Inquiry control. – Operational-forensic management. – Public Security Department. – Traffic police department. – Managing personnel work. – Migration Police Department. 87

 

– Financial Services Department. – Information Technology Department. – Logistics Support. – Managing your own security. – Medical service. – Department of State Security Service. – Legal group. Structure of the Internal Affairs Directorate in Petropavlovsk • Head of the Internal Affairs Directorate of Petropavlovsk • Deputy Head of the Internal Affairs Directorate in Petropavlovsk • Deputy Head of the Internal Affairs Directorate in Petropavlovsk • Deputy Head of the Internal Affairs Directorate in Petropavlovsk • Deputy Head of the Internal Affairs Directorate in Petropavlovsk • Criminal Police Department • Investigation Department • Anti-Narcotics Department • Department of Inquiry • Operative-Forensic Department • Headquarters • Public Security Department • Human Resources Department • Department of Migration Police • Sobering-up facility • Patrol Police Battalion • Temporary detention center The structure of the units includes: Chief and his deputies. Services that provide support and basic functions. Headquarters that performs management tasks. The latter collects and summarizes information about the state of the operational situation within the territory under its jurisdiction, the preparation of draft work plans, administrative decisions, monitoring of the implementation of legislative provisions and departmental acts.  Questions for self-control 1. What is the system of internal affairs bodies of the Republic of Kazakhstan?

88

2. Uncover the most important tasks of the internal affairs bodies of the Republic of Kazakhstan. 3. What powers are presented to the bodies of internal affairs of the Republic of Kazakhstan? 4. Identify the main tasks and structure of the Ministry of Internal Affairs of the Republic of Kazakhstan. 5. What is the peculiarity of the functions of the Ministry of Internal Affairs and its Committees? 6. Specify the structure and powers of the Committee for Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan. 7. What are the main tasks, functions and rights of the Criminal Police? 8. Expand the main tasks of the administrative and military police, as well as military investigative bodies. 9. What is meant by the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan? 10. Expand the structure of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan. 11. Expand the functions of the Ministry of Internal Affairs of the Republic of Kazakhstan in the sphere of criminal executive activity. 12. What is included in the structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan? 13. Expand the structure of the Ministry of Internal Affairs of the Republic of Kazakhstan. 14. Indicate the functions of the Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan in organizing and coordinating the work on establishing and strengthening international cooperation of the ATS. 15. What is the essence of the National Interpol Bureau of the RK, its tasks and powers? 16. Expand the structure of the region's Department of Internal Affairs. 17. Whatisthestructure of thedistrictdepartment of internal affairs? 

89

 

Lecture 7. Local Police Service Main issues (provisions) and summary Local police service, its tasks and powers The tasks, powers, powers of the local police service and its employees are established by the Law of the Republic of Kazakhstan of November 2, 2015 No. 388-V "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Activities of the Local Police Service." According to it, Article 9-1 "Local Police Service" is included in Chapter 3 of the Law of the Republic of Kazakhstan of April 23, 2014 "On Internal Affairs Bodies of the Republic of Kazakhstan". The Regulation on the local police service, which defines the main tasks, functions, rights and duties, as well as the competence of local executive and representative bodies in the organization of activities by the local police service (hereinafter MPS), was approved by the Government of the Republic of Kazakhstan Decree No. 1142 of December 30, 2015. The local police service in Kazakhstan began its work on January 1, 201612. The law on internal affairs bodies establishes a mandatory report of the head of the local police service on his activities to representative and executive bodies (Clause 6, Article 9-1). Based on the requirements of the law, the local police service is accountable not only to the local executive bodies of the Republic of Kazakhstan, as R.M. Yesbulatova13. It is not clear, however, what kind of new law on the local police service the author had when talking about the legislative consolidation of "the activity of public councils under the Ministry of Internal Affairs of the Republic of Kazakhstan and territorial bodies of internal affairs14"? The activities of the local police service in the Republic of Kazakhstan are carried out in the following main areas:  1) prevention of offenses; 2) protection of public order;                                                             

12

On the Approval of the Regulations on the Local Police Service of Internal Affairs Bodies // Resolution of the Government of the Republic of Kazakhstan No. 1142 of December 30, 2015. 13 R.M.Yesbulatova. Ibid. P.290. 14 Ibid. P. 290

90

 

3) ensuring the safety of traffic; 4) prevention and suppression of criminal offenses; 5) proceedings in cases of administrative offenses and pre–trial investigation in a protocol form for criminal offenses. It is not allowed to employ local police officers to perform tasks not provided for by the legislation of the Republic of Kazakhstan. The local police service implements security tasks public order, road safety and the prevention of crime, primarily domestic crime. The structure of the local police service includes the following units: police precinct inspectors and their assistants, juveniles, territorial units and school inspectors, units for the protection of women from violence, environmental police units, as well as special detention facilities for administratively arrested persons and distribution receivers for persons without certain place of residence. In order to preserve the unity of the system of internal affairs bodies, the local police service remained in the structure of the internal affairs bodies, and its employees have the same legal status of law enforcement officers. Thus, for employees of the local police service, material security, benefits and social and legal guarantees for law enforcement officials are preserved. The tasks of the LPF are: 1) prevention of offenses; 2) protection of public order; 3) ensuring the safety of traffic; 4) proceedings in cases of administrative offenses; 5) prevention and suppression of criminal offenses; 6) pre-trial investigation of criminal offenses in a protocol form; 7) the maintenance of persons in reception-distributors and special receivers of law-enforcement bodies; Other tasks may be put by the Akim of the regions, the city of republican importance and the capital in the provision of law and order in the territory of the corresponding administrative-territorial unit to the Ministry of Communications.  The functions of the Local Police Force (LPF) are: 1) a set of measures aimed at identifying, studying, eliminating the causes and conditions conducive to the commission of offenses; 91

 

2) a set of measures to protect public order; 3) state control and supervision of traffic and ensuring its safety; 4) proceedings in cases of administrative offenses; 5) investigation of criminal offenses; 6) ensuring the admission and conditions of detention of persons subject to administrative arrest and persons who do not have a specific place of residence and (or) identity documents; 7) other powers provided for 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. One of the innovations is that the head of the LPF (the head) is appointed by the Akims of the provinces, the cities of Astana and Almaty upon the submission of the Ministry of Internal Affairs in agreement with the maslikhat. In cases when maslikhat is not formed at the relevant administrative-territorial unit, the submission is submitted for consideration to the maslikhat of the next higher level. If Akim and (or) maslikhat recognize the work of the chief of the LPF as unsatisfactory, dismissal from his position as a disciplinary measure, Akim of the region, a city of national importance, the capital informs the Minister of Internal Affairs, the chief of the Ministry of the Interior of the region, the city of the republican significance, on the disciplinary commission of the internal affairs bodies on the issue of the further resignation of the Chief of the LPF. The head of the local police service manages the forces and means of the LPF and is personally responsible for fulfilling the tasks assigned to the LPF and carrying out its functions. The candidate for the post of the chief of the LPF of the region, the city of the republican importance, the capital is represented by the Minister of Internal Affairs, the post of the chief of the LPF of the district (city, district in the city) – the head of the LPF of the region, the city of the republican significance, the capital. Candidates for the posts of chiefs of the LPF are nominated from among the police officers who are in the reserve reserve of the internal affairs bodies, in accordance with the qualification requirements approved by the Ministry of Internal Affairs of the Republic of Kazakhstan. 92

 

The post of the chief of the Local Police Force (LPF) is equal to the post of deputy head of the territorial body of internal affairs. The term of office of the chief of the LPF must not exceed five years from the date of appointment. The term of office of the head of the local police service of internal affairs bodies may be extended by the Akim of the region, the city of the republican significance, the capital with the consent of the corresponding maslikhat, respectively, on the proposal of the Minister of Internal Affairs, the head of the local police service of the region, the city of the republican significance, the capital. Thanks to the creation of the LPF, the Akimov had real opportunities to ensure law and order in the territory entrusted to them. Akims have the right to put before the local police service the task of ensuring law and order in the territory of the relevant administrative and territorial unit and monitor their execution. The law establishes periodic reports of the heads of the LPF to representatives of the local community: at least twice a year – before the akimats and maslikhats, once a year – before the population. The district police inspector reports at least once a quarter to the population residing in the administrative section on the territory of the relevant administrative-territorial unit. In our opinion, the local police service is based on domestic (Kazakhstan) and foreign law enforcement experience. Speaking about domestic experience, we have in mind the fact that in Soviet times the regional interior affairs agencies were officially called the Internal Affairs Directorate of the regional executive committees. They were accountable to local executive bodies, but they were part of the Ministry of Internal Affairs and were subordinated to the power vertical. However, the Internal Affairs Directorate dealt with all those functions as the MIA. In accordance with the law on internal affairs bodies, the local police service has also remained in the structure of internal affairs bodies to preserve the unity of its system. As for foreign experience, the local police service relies more on the experience of the United States, where the services of the sheriffs are functioning. In the US, the sheriff is at the head of the district police (the sheriff's department). Most often the word "sheriff" is used precisely 93

 

in this sense15. He is elected by the residents of the district for a period of not more than four years and has subordinates of assistants. The term of office of the chief of the LPF is not more than five years and his candidacy is preliminary agreed with the maslikhat before his appointment by the akim of the corresponding administrative– territorial unit. This is the similarity. However, the sheriff has more powers than the local policemen in Kazakhstan. The sheriff's duties include the prevention and investigation of criminal offenses. In our case local police force under the law deals only with criminal offenses. In addition, the sheriffs control the order on the roads, observe the observance of traffic rules, etc. The main idea of creating the LPF in the Republic of Kazakhstan is that it made it possible to bring local police closer to the population, in order to increase the credibility of it, and increase the efficiency of work. Moreover, the main criterion for assessing the local police is the trust of the population, rather than solving the problem of ensuring the creation of a preventive system at the local level, as indicated by R.M. Yesbulatova16. The local police service has just absorbed the very system of prevention, which has long been established in the field and has not badly proven itself. Another case. In Kazakhstan, in remote rural areas, district police inspectors from all parts of the Local Police Service work mainly. Therefore, in the mass media, proposals are made to appoint only officers from among the operatives and investigators of the internal affairs bodies to their posts to increase the detection of obvious crimes. Of course this is one of the ways to solve the problem of disclosure. But it's just that the Ministry of Interior does not have enough of such personnel. And not all operatives and investigators will agree to these posts. It would be simpler if the district police inspectors in rural remote areas are trained at accelerated training courses and require six months of probation from experienced investigators and investigators, reinforcing those as mentors and raising their salaries in connection with this. Then there will be a 15 16

Sheriff – Wikipedia. Source: https://ru.wikipedia.org/wiki/Шериф R.M.Yesbulatova. Ibid. Р. 293.

94

sense, and the district police inspectors will learn in practice the experience of disclosing obvious criminal offenses and properly handle cases of criminal misconduct. It is no coincidence that in the US, to become an assistant to the sheriff (police officer), candidates for such positions must necessarily work for three years simply as patrols. This is a requirement of the law. Our demands are different. Will the Ministry of Internal Affairs remain in the internal affairs bodies? We can say with confidence that yes. However, it will be improved, and new tasks will be set before it. As for the consent of the respective maslikhats before Akim's appointment of the head of the LPF, this requirement of the law, in our view, is only a halfmeasure. It would be advisable that, when they are appointed, the opinion of the population of the region, the city of the republican significance, the capital, the district, the city, the district in the city, where the relevant heads of the LPF will be specifically exercised, should be taken into account without fail. Then the demand for the results of the work of the units entrusted to them will be more objective and principled. In addition, the post of the chief of the LPF, in our opinion, should be equated to the post of the head of the territorial body of internal affairs. Although the LPF is a structural subdivision of territorial bodies of internal affairs, this should not be an obstacle. The proposed amendment to the law will be an additional incentive for the employment of this post, for the purpose of career growth for candidates in the reserve of the Ministry of Internal Affairs of the Republic of Kazakhstan. In addition, operational control of the forces and means of the LPF will increase, and healthy competition with the units of the territorial body of internal affairs will appear. Our next suggestion is that the chiefs of the LPF, irrespective of the region where the territorial body is located at the end of the term for the performance of duties, and the district police inspectors in rural areas must necessarily be transferred from one territorial body to another, having for this purpose the necessary departmental housing for temporary residence for the term of office. The implementation of this proposal is very important in practice, since it takes into account the mentality of the population, especially those 95

 

living in rural areas, where numerous relatives and countrymen, sometimes exert a detrimental effect on the local police. The transfer established in the law for the specified category of persons will allow just the same to avoid this kind of influence, and also will prevent attempts of corrupt relations from their close acquaintances and relatives. The heads of the local police service could be charged with authorizing applications for meetings, rallies, marches, pickets and demonstrations, and not for local executive bodies, as the current law prescribes17. The local police service is called upon to provide and protect public security and law and order in the territory entrusted to them. And how is it better for her not to: give, or not give the appropriate permission to hold meetings, rallies, processions, etc. This is done in many foreign countries, where the police authorities take measures to ensure control over the development of events: fences, escorting the column on foot and horse policemen, concentrating at the main points of the reserve forces, vehicles equipped with various equipment, etc. The police authorities retain the right – to prevent violent excesses – to put certain conditions on the organizers of the event in order to conduct it18. Taking into account the foreign experience, as well as the tasks to be solved by the local police service, the proposed amendment to the law on the need to give it powers, to consider applications for holding rallies, marches, etc. timely and extremely necessary in practice. An amendment to the law will relieve the local executive bodies of their uncharacteristic functions, but also help to re– move bureaucratic obstacles in the coordination and timing of consideration of such applications received from the organizers of such events. In addition, in favor of the proposal we propose are the provisions of the law on internal affairs bodies, where subparagraph 12) of paragraph 1 of Article 6 imposes on the bodies of internal affairs the obligation "to ensure the protection of public order in the                                                             

17

Article 4 Law of the Republic of Kazakhstan No. 2126 of March 17, 1995 "On the Procedure for the Organization and Holding of Peaceful Meetings, Rallies, Processions, Pickets and Demonstrationsin the Republic of Kazakhstan". 18 Laws of several countries on holding rallies and mass ... // Source: https://ria.ru/ parties /20120521/654426496.html



 

96

conduct of mass events19", and subparagraph 9) of paragraph 2 of Art. 6 of this law empower them with the right "to suppress illegal forms of expression of public, group or personal interests and protest.20" Supervision over the exact and unswerving execution of laws by the bodies of internal affairs is entrusted to the prosecutor's office. They supervise all types of law enforcement activities: administrative, operational-search, criminal procedure, criminalexecutive. The prosecutor's office also oversees the execution of the laws by the National Guard, the legality of keeping detainees and those arrested in temporary detention facilities, investigative isolators placed in reception centers. The powers of prosecutors in exercising supervision are determined by the current legislation. Control over the activities of law enforcement bodies is carried out by various bodies. First of all, this is the departmental control exercised by the staff units of the higher bodies of internal affairs. In the internal affairs agencies, a personal security service has been established, which makes it possible to identify employees who commit official and corruption crimes among employees. The activities of the internal affairs bodies to ensure the protection of public order and public safety in the territory of the regions, cities of national importance, the capital are controlled by the relevant local executive bodies. State control over the activities of the Ministry of Internal Affairs of the Republic of Kazakhstan is exercised by the President and the Government. Judicial control is carried out when courts consider criminal cases and cases of administrative offenses received from the internal affairs bodies. The investigative judge controls the bodies of internal affairs when examining complaints of actions (inaction) and decisions of the inquirer, the body of inquiry, the investigator, complaints against unlawful decisions of the internal affairs bodies that restrict the rights and freedoms of individuals protected by law to the interests of organizations.                                                              19

Law of theRepublic of Kazakhstan "OnInternalAffairsBodies of theRepublic of Kazakhstan" (withamendmentsandadditionsas of May 24, 2013) // Source:http://online.zakon.kz/document/?doc_id=31538985#pos=1;-161 20 Law of the Republic of Kazakhstan "On Internal Affairs Bodies of the Republic of Kazakhstan" (with amendments and additions as of May 24, 2013) // Source: On Internal Affairs of the Republic of Kazakhstan http://online.zakon.kz/document/?doc_id=31538985



  97

 

Powers of employees of law enforcement bodies  Employees of internal affairs bodies throughout the territory of the Republic of Kazakhstan regardless of the position they occupy, in case of contacting them with an application or report on a criminal or administrative offense, or in case of direct detection, they must take measures to suppress unlawful acts, provide assistance to those who need it, protect places of incident, and also to inform the nearest bodies of internal affairs. The actions of the employees of the internal affairs bodies, which temporarily restrict the rights of individuals, are accompanied by the words: "In the name of the law." Each person in this case is obliged to stop active actions, unquestioningly obey the requirements of an employee of the internal affairs bodies and fulfill his instructions related to the performance of official duties. Employees of internal affairs bodies have the right to carry, store and use special means, firearms and other weapons, to use physical force, including combat methods of struggle. The procedure for the use of special means, firearms and other weapons and physical force is determined by the Law of the Republic of Kazakhstan "On Law Enforcement Service". Employees in exercising the powers of internal affairs bodies are obliged:  to introduce themselves and present a service certificate when applying to individuals;  to inform the person after detention of the reason for his detention, to explain that he has the right not to testify against himself and his close relatives, the right to one phone call and counsel;  to report the detention of a natural person to his close relatives;  to observe the rights and legitimate interests of individuals, not to use torture, violence, cruel, inhuman, degrading treatment, deliberate infliction of physical pain and moral suffering. It is forbidden to force one to testify and confess guilt in committing a criminal or administrative offense.  Recommended legal sources 1. Law of the Republic of Kazakhstan as of April 23, 2014 No. 199-V "On the Internal Affairs Bodies of the Republic of Kazakhstan" (as amended and supplemented as of December 30, 2016)

98

 

2. Law of the Republic of Kazakhstan as of November 2, 2015 No. 388-V "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Activities of the Local Police Service." 2. Resolution of the Government of the Republic of Kazakhstan as of June 22, 2005 No. 607 "Issues of the Ministry of Internal Affairs of the Republic of Kazakhstan". 3. Decree of the Government of the Republic of Kazakhstan dated December 30, 2015 No. 1142 "Regulations on the local police service of internal affairs bodies". Questions for self-control 1. Identify the legal status of the local police service in the system of the Ministry of Internal Affairs of the Republic of Kazakhstan and expand its organizational structure. 2. Who is accountable to the local police service? 3. What are the main areas of activity of the local police service in the Republic of Kazakhstan? 4. What is the goal of preserving the local police service in the structure of the internal affairs bodies? 5. What units are available in the local police service structure? 6. What is the peculiarity of appointing the head of the local police service? 7. Whose experience was taken as a basis for creating a local police service in the Republic of Kazakhstan? 8. What problems did the local police service face? 9. Who exercises supervisory and control functions over the internal affairs bodies of the Republic of Kazakhstan? 10. Briefly describe the most important powers of the employees of the internal affairs bodies of the Republic of Kazakhstan. 

99

 

Lecture 8. National Anti-Corruption Bureau (Anti-Corruption Service), its tasks and competence Main issues (provisions) and summary   The National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption Affairs (hereinafter – the National Bureau) was established in accordance with Presidential Decree No. 349 of October 5, 2016 "On Certain Issues of the Agency of the Republic of Kazakhstan for Affairs public service and counteracting corruption and introducing changes and additions to certain acts of the President of the Republic of Kazakhstan. "The basis for its creation was the UN Convention against Corruption of October 31, 2003, which was ratified by Kazakhstan in 2008. In clause 1 of Article 6 of the UN Convention, the participating States are recommended "the existence of a body that conducts prevention of corruption ...". This specialized body was the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption, in which the National Anti-Corruption Bureau was established. The National Bureau is the agency of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption Affairs, carrying out, within the competence of the central executive body, implementation functions on the detection, suppression, disclosure and investigation of corrupt criminal offenses and other functions in accordance with the legislation of the Republic of Kazakhstan. The National Bureau has territorial bodies in the regions, cities of republican significance, the capital. The National Bureau carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, Regulations, as well as international treaties ratified by the Republic of Kazakhstan. The National Bureau is a legal entity in the organizational and legal form of the republican state institution, has seals and stamps with its name in the state language, forms of the established sample, and also in accordance with the legislation of the Republic of 100

 

Kazakhstan, accounts in the treasury bodies of the Ministry of Finance of the Republic of Kazakhstan. On issues of its competence, in accordance with the procedure established by law, the National Bureau takes decisions, issued by orders of the head of the National Bureau and other acts provided for by the legislation of the Republic of Kazakhstan. The structure and staffing are approved by the Chairman of the Agency of the Republic of Kazakhstan for Civil Service and AntiCorruption Affairs on the proposal of the Head of the National Bureau.  Full name of the National Bureau: Republican state institution "National Bureau for Combating Corruption (Anticorruption Service) of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption". The main tasks and activities of the National Anti-Corruption Bureau The main tasks of the National Bureau are:  protection of rights, freedoms and legitimate interests of individuals and legal entities, society and the state;  participation in the development and implementation of state policy on the prevention, detection, suppression, disclosure and investigation of corruption offenses; – prevention, detection, suppression, disclosure and investigation of corruption offenses. The National Bureau carries out operational-search activity, pretrial proceedings and proceedings in cases of administrative violations related to the provision of its criminal procedural activity, and bears full responsibility for the performance of its tasks and functions. The head of the National Bureau manages its activities. He is appointed and dismissed by a decree of the head of state on the proposal of the head of the Agency. The head of the National Bureau has two deputies who are appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan. The head of the National Bureau carries out general management of the activities of the National Bureau bodies and coordination of its activities with other state bodies, organizations and relevant bodies of foreign states on prevention, detection, suppression, disclosure and investigation of corruption offenses. The head of the National 101

 

Bureau has the right to form consultative and advisory bodies with the National Bureau. The management of the National Bureau is subordinate to 5 departments and 2 offices, forming the Central Office of the National Bureau: 1. Operational Department; 2. Special Department; 3. Investigation Department; 4. Headquarters (department); 5. Administrative and legal department; 6. Internal Security Department; 7. Management of the organization of personnel work. The list of positions of the Central Office of the National Bureau is as follows: Deputy Head of the Bureau; Head of the Department of the Bureau; officer-at-large; Deputy Head of the Department of the Bureau; the head of the independent Office of the Bureau; Deputy Head of the Independent Office of the Bureau; Head of Department of the Bureau; Deputy Head of Department of the Bureau; investigator (officer) for especially important cases of the Bureau; Senior investigator (officer) of the Bureau; investigator (officer) of the Bureau. Before the order of the Head of the National Bureau on the appointment of the heads of the territorial departments of the National Bureau, their candidacies must be approved by the Commission under the President of the Republic of Kazakhstan on Personnel Policy in the Law Enforcement Agencies of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan. Such a procedure contributes to the creation of increased responsibility for the appointment of leading personnel of the National Bureau in comparison with the appointment of heads of territorial bodies in other law enforcement bodies, for example, in the internal affairs bodies. The list of positions of territorial bodies of the National Bureau includes: the head of the territorial body of the Bureau; Deputy Head of the territorial office of the Bureau; Head of the Office of the territorial office of the Bureau; Deputy Head of the Office of the Territorial Bureau; Head of the independent department of the 102

 

territorial body of the Bureau; Head of the Department of Management of the territorial body of the Bureau; investigator (officer) for particularly important cases of the territorial body of the Bureau; Senior investigator (officer) of the territorial office of the Bureau; investigator (officer) of the territorial body of the Bureau. The operative-investigative activity is carried out by the units of the National Bureau in order to prevent, detect, uncover and investigate corruption offenses, as well as to identify persons from among the National Bureau staff who committed corruption offenses or who are suspected of corruption. The bodies of the National Bureau are entitled to carry out pretrial investigations, including preliminary investigation, inquiry and a protocol form. The operational services transmit to the investigators of the National Bureau the materials necessary for the preliminary investigation, further assisting the investigator in the disclosure of the criminal offense. Administrative activities of the bodies of the National Bureau are carried out in cases of administrative offenses related to the provision of its criminal procedural activity. In this case, the bodies of the National Bureau have the right to make administrative arrest, draw up a protocol on an administrative offense, apply administrative sanctions to the guilty: a warning, an administrative fine, and also apply other measures provided for by the legislation on administrative violations. The Anti-Corruption Service has the right to review cases of administrative offenses provided for in articles 174 (part 1, 3 and 4), 274, 471, 472, 473, 474, 475 of the Administrative Code of the Republic of Kazakhstan21.  Thus, the statement of R.M. Yesbulatova that the Anti-Corruption Service is entitled to produce only four articles of the Code of Administrative Offenses is erroneous and does not comply with the law22.  The head of the Anti-Corruption Service and his deputies, the heads of the Anti-Corruption Service in the regions, the cities of republican importance, the capital of the Republic of Kazakhstan,                                                             

21

Law of the Republic of Kazakhstan of December 29, 2014 No. 272-V "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses. 22 R.M.Yesbulatova. Ibid. P. 306 

103

 

inter-regional, district, city, district in cities and special units of the AntiCorruption Service and their deputies are entitled to independently consider cases of administrative violations and impose administrative penalties. On administrative offenses cases under consideration by the courts, protocols on administrative offenses have the right to be formed by authorized officials of the anti-corruption service (articles 154, 158, 173, 174 (part two), 357, 465, 654, 658, 659, 660, 661, 662 , 665, 667, 676, 677, 678, 679, 681 of the Administrative Code of the Republic of Kazakhstan). A mistake in the number of such administrative cases is made by R.M.Yesbulatova, mentioning that "the Anti-Corruption Service provides for the right to draw up a protocol on twenty-four articles." Although the number of such articles in the Code of Administrative Offenses of the Republic of Kazakhstan is nineteen instead of twenty-four23."  Duties and rights of officials of the National Anti-Corruption Bureau The officers of the National Bureau are vested with the following duties: – to observe the lawfulness when accepting, registering, recording and reviewing applications, communications, complaints and other information about offenses; – take into account and keep criminal cases, on which the terms of pre-trial investigation are interrupted, material evidence in criminal cases; – consider acts of prosecutorial response and judicial acts; – draw up protocols and review cases on administrative offenses, carry out administrative detention, and also apply other measures provided for by the legislation on administrative offenses; – expose persons who evade turnout by calling on the criminal cases available in the proceeding; – convoy detainees and persons in custody; – to carry out measures to locate and detain persons under search;                                                              23

R.M.Yesbulatova. Ibid. P. 306 

  104

 

– to organize, within the limits of the established competence of the National Bureau, the extradition of persons under search; – to observe official discipline and the regime of secrecy when carrying out their activities, as well as to perform other duties established by law. The following rights are granted to the officials of the National Bureau for the performance of their duties: – conduct investigative actions, take procedural decisions and carry out operational-search measures in the manner prescribed by the legislation of the Republic of Kazakhstan; – to submit to the state bodies, organizations or persons executing managerial functions in them the taking of measures to eliminate the circumstances or other violations of the law in the order established by the criminal procedural legislation of the Republic of Kazakhstan; – to seize or seize documents, goods, objects or other property in accordance with the criminal procedural legislation and (or) the legislation on administrative offenses; – require the production of audits, tax and other audits, state audit and evaluation from authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan; – use the relevant temporary detention facilities, investigative isolators in the manner prescribed by law; – request and receive from government agencies, organizations, officials and individuals the necessary information and materials in the manner prescribed by law; – to interact with state authorities and organizations, other law enforcement agencies, international organizations on issues within the competence of the National Bureau, ensuring the exchange of information, including electronically, in the manner prescribed by law; – cooperate with the relevant bodies of foreign states, international organizations on issues referred to the jurisdiction of the National Bureau, as well as make proposals to the Ministry for concluding and acceding to international treaties in the field of combating corruption; – use information systems to ensure the solution of tasks assigned to the National Bureau, organize research during pre–trial 105

 

investigation, proceedings on administrative offenses in accordance with the legislation of the Republic of Kazakhstan; – to carry, store and use firearms and other weapons and special means, as well as, if necessary, use physical force, including combat methods of struggle in the manner prescribed by law; – take measures to ensure internal security and compliance with the law in the activities of employees (employees) of the National Bureau and its territorial bodies; – to bring claims to the courts in accordance with the legislation of the Republic of Kazakhstan, as well as to exercise other rights in accordance with the legislation of the Republic. Employees of the National Bureau are issued with business certificates in support of their identity and authority. The official certificate of the employee confirms his right to carry and store firearms, special means. Service certificates of employees of the central office of the National Bureau from the head of the deputy head of the department and above and the heads of his territorial bodies are signed by the Chairman of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption Affairs, the employees of the National Bureau by the head of the National Bureau and certified by the stamp of the National Bureau. Service certificates of employees of territorial bodies of the National Bureau are signed by its leaders and certified by the stamp of the territorial body. Officials of the National Bureau, who have qualification classes, are provided with uniforms without shoulder straps for free. Depending on the achieved level of training, experience and length of service, qualification classes are assigned successively. The assignment of qualification classes is carried out in order to stimulate the increase of the professionalism of employees and the consolidation of personnel. Qualification classes are assigned to employees who conscientiously carry out their official duties, who do not have disciplinary sanctions, which ensure quality training and education of personnel taking into account the length of service and the location of the relevant position. 106

 

Chevrons are the distinguishing marks for the qualification classes of employees of the anti-corruption service. On the chevron of the senior command staff there is a logo, two perpendicular strips, and also stars of 20 mm in size, made in golden color: 1) qualification class 3 categories – 1 star; 2) qualification class 2 categories – 2 stars; 3) qualification class 1 category – 3 stars. On the chevron of the average commanding structure there is a logo, one perpendicular strip, and also stars in the size of 13 mm, executed in silver color: 1) qualifying class 6 category – 2 stars; 2) qualification class 5 category – 3 stars; 3) qualification class 4 categories – 4 stars. Recommended legal sources 1. Decree No. 349 of the President of the Republic of Kazakhstan of October 5, 2016 "On Certain Issues of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption Affairs and Amendments and Additions to Certain Acts of the President of the Republic of Kazakhstan". 2. Decree of the President of the Republic of Kazakhstan No. 153 of December 29, 2015 "On measures to further improve the ethical standards and rules of conduct of civil servants of the Republic of Kazakhstan". 3. Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V ZRK "On Counteracting Corruption". 4. Law of the Republic of Kazakhstan dated November 18, 2015 No. 411-V ZRK "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Anti-Corruption". 5. Law of the Republic of Kazakhstan of November 23, 2015 No. 416-V ZRK "On public service of the Republic of Kazakhstan." 6. Law of the Republic of Kazakhstan from 06.01.2011 N 380-IV 3PK "On law enforcement service". Questions for self-control 1. Specify the legal grounds for the creation of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption. 2. In what capacity, which structural unit of the Agency of the Republic of Kazakhstan for Civil Service and Anti-Corruption Affairs created the National AntiCorruption Bureau? 3. Identify the main tasks and activities of the National Anti-Corruption Bureau. 4. What responsibilities and rights are granted to the National Anti-Corruption Bureau? 5. In what specific cases does the National Bureau for Combating Corruption have the right to conduct administrative proceedings?

107

 

6. Briefly describe the system of the National Anti-Corruption Bureau. Specify the structure of the Central Office of the National Bureau. What officials are part of the Central Office of the National Bureau? 7. Expand the system of territorial bodies of the National Anti-Corruption Bureau. What officials are included in its territorial bodies? 8.Why do you confirm the identity and authority of an official of the National Anti-Corruption Bureau? 9. On what grounds does the National Bureau for Combating Corruption be considered a law enforcement agency? 10. Do citizens who enter the service for the first time enter the Anti-Corruption Service? 11. How are the qualification classes of the employees of the Anti-Corruption Service divided?

108

 

Lecture 9. Economic Investigations Office Main issues (provisions) and summary Purpose, main tasks and powers In accordance with the Resolution of the Government of the Republic of Kazakhstan dated August 14, 2014 No. 933, the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan and the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan were reorganized by merging into the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – KGD). In the structure of the KGD of the Ministry of Finance of the Republic of Kazakhstan, the Economic Investigation Service was established. Its appearance was the scale reform carried out in the country. One of the key issues of the reform was a clear delineation of competencies and the release of law enforcement bodies from functions that were not their own, as well as improving the effectiveness of law enforcement. To this end, on August 6, 2014, the Agency of the Republic of Kazakhstan on Combating Economic and Corruption Crimes (Financial Police) was abolished by the Decree of the President of the Republic of Kazakhstan "On Measures for Further Improvement of the Public Administration System of the Republic of Kazakhstan" No. 883. Its functions and powers to investigate economic and financial criminal offenses were transferred to the Ministry of Finance of the Republic of Kazakhstan. The presence of the Economic Investigation Service in the structure of this ministry, according to the leadership of the country, will not only affect the successful implementation of state policy in the economic sphere, but also enhance the functioning of the new law enforcement service. Thus, the Economic Investigation Service as a law enforcement unit of the Committee of State Revenues of the Ministry of Finance of the Republic of Kazakhstan began to function from November 18, 2014. The main goal of EIO is to protect the economic interests of the state and business. The Committee of State Revenues, in the structure of which the EIO became operational, is one of the departments of the Ministry of Finance of the Republic of Kazakhstan. The State Revenue Committee of the 109

 

Ministry of Finance of the Republic of Kazakhstan carries out regulatory, implementation and monitoring functions within the competence of the central executive body to prevent, detect, intercept, disclose and investigate economic and financial crimes and offenses within the limits prescribed by law and other functions in accordance with the legislation of the Republic of Kazakhstan. In the State Revenue Committee, each line of activity is represented by a separate block, which are: a tax block, a customs block and a law enforcement unit – the Economic Investigation Service. The Committee of State Revenues is headed by the Chairman, who has subordinates in charge. One of his deputies is the direct head of the Economic Investigation Service. The competence of the EIO includes prevention, detection and investigation of criminal offenses in the economic sphere: illegal business activities, counterfeiting; offenses in financial, financial, credit, budgetary, tax and customs spheres, as well as countering illegal gambling, drug trafficking and other prohibited items. Until recently, the competence of the EIO also included the identification and investigation of pseudo-entrepreneurship. However, after excluding Art. 215 of the Criminal Code of the RK to attract for this criminal offense will no longer be. Under the rule of the Criminal Procedure Code of the Republic of Kazakhstan, when repealing the law that establishes criminal liability for a particular act, the proceedings themselves are terminated (article 6, paragraph 1, article 35 of the Code of Criminal Procedure). Almost a similar standard for content, and completely analogous in meaning is given in part 1 of Article 70 of the Criminal Code of the Republic of Kazakhstan. Consequently, any proceedings in the bodies of pre-trial investigation (EIO and Anti-Corruption Service) and in court under Art. 215 of the Criminal Code of the Republic of Kazakhstan are subject to termination. Thus, the main functions of the EIO are to prevent, suppress and investigate offenses in the tax, customs and financial spheres. The Economic Investigation Service is a law enforcement unit of the KGD of the Ministry of Finance of the Republic of Kazakhstan. EIO in its activities is guided by the ratified by the Republic of Kazakhstan, the decisions of the Interstate Council of the Eurasian 110

 

Economic Community (Supreme Body of the Customs Union) and the Eurasian Economic Commission, the laws of the Republic of Kazakhstan "On Operative-Search Activity", "On Law Enforcement Service" and other normative legal acts, decisions of the collegium, operational meetings of the Committee, the Department, orders and instructions of the Chairman of the Committee, his deputies, the head of the Department, as well as the Regulation on Economy Services iCal Investigation Department of State Revenue of regions, cities of Astana and Almaty, the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan. The structure and number of the Service is approved by the responsible secretary of the Ministry of Finance of the Republic of Kazakhstan in the order established by the legislation of the Republic of Kazakhstan. The Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan appoints and dismisses: employees and employees of the Committee; deputy heads of departments of state revenues by regions, cities of Astana and Almaty. He also approved the Regulations on the structural subdivisions of the State Revenue Committee, its territorial bodies24. There are 2 departments25 within the State Revenue Committee: pre-trial investigation and operational-search activity. The following departments function in them: investigation of offenses in the tax and customs spheres; investigation of offenses in the financial sphere; preventive work and control; operatively-search activity; special events and research; search and protection of participants in criminal proceedings, as well as special developments. The EIO of the KGD of the Ministry of Finance of the Republic of Kazakhstan in the operational-service activity is called upon to solve the following main tasks:  identification, prevention and suppression of false and intentional bankruptcy, illegal turnover of alcohol products, illegal turnover of                                                             

24 Order of the Chairman of the Committee of State Revenues of the Ministry of Finance of the Republic of Kazakhstan of September 7, 2016 No. 522 "On approval of the provisions of the Departments of State Revenue of the Committee of State Revenues of the Ministry of Finance of the Republic of Kazakhstan for the regions, cities of Astana and Almaty and their territorial bodies".  25 As of 30 January 2017 – Remark by M.S.

111

 

oil and oil products, illegal gambling business, counterfeiting, embezzlement of budgetary funds in public procurement and quasi– public sector, smuggling, tax evasion and other compulsory payments in budget, as well as customs duties;  State protection of persons involved in criminal proceedings. The officials of the EIO can not be entrusted with tasks that are not stipulated by law and the Regulations on the Ministry of Finance of the Republic of Kazakhstan and the State Revenue Committee. For the successful implementation of the tasks assigned to EIO officials, the Committee of State Revenues established forensic units that conduct forensic, economic, commodity, construction, technical, videophonographic, environmental and computer-technological research, as well as studies of substances and materials as soon as possible. The territorial bodies of the State Revenues of the Ministry of Finance of the Republic of Kazakhstan were created by merging the previously existing territorial bodies of the Customs Control Committee and the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan. The territorial bodies that are members of the State Revenue Committee are legal entities in the form of state institutions created and abolished by the Government of the Republic of Kazakhstan, which include: government revenue departments by regions, cities of Astana and Almaty, customs, specialized customs agencies, state revenue departments by districts, cities and districts in cities and on the territory of special economic zones. The State Revenue Committee includes the following Departments of State Revenues in the regions, cities of Astana and Almaty: 1. Department of State Revenues for Akmola region; 2. Department of State Revenues in Aktobe Oblast; 3. Department of State Revenues for Almaty region; 4. Department of State Revenues for Atyrau region; 5. Department of State Revenues for West Kazakhstan Oblast; 6. Department of State Revenues for Zhambyl Oblast; 7. Department of State Revenue in the Karaganda region; 8. Department of State Revenues for Kostanay region; 9. Department of State Revenues in Kyzylorda Oblast; 10. Department of State Revenues for Mangistau region; 112

 

11. State Revenue Department for South-Kazakhstan region; 12. Department of State Revenues in Pavlodar region; 13. Department of State Revenues for the North-Kazakhstan region; 14. Department of State Revenue in the East Kazakhstan region; 15. Department of State Revenue in Astana; 16. Department of State Revenue in Almaty. The appointments of the heads of the territorial departments of state revenues to the oblasts, the cities of Astana and Almaty are carried out by the orders of the Minister of Finance of the Republic of Kazakhstan and the chairman of the KGD of the Ministry of Finance of the Republic of Kazakhstan, in accordance with the Resolution of the Government of the Republic of Kazakhstan dated August 14, 2014 No. 933 "On the Offices of the Central Executive Bodies of the Republic of Kazakhstan." In the territorial departments of state revenues, one of the deputy heads is responsible for supervising the Economic Investigation Service on the ground. The following departments were established in the territorial bodies of the DGD:  investigation of offenses in the financial sphere;  investigation of offenses in the tax and customs spheres; operatively-search activity;  against the shadow economy;  for preventive work and control. The Economic Investigation Service is a single centralized system with subordinate bodies reporting to higher authorities, the Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan and the minister. Thus, the system of the Economic Investigation Service is a twotier (two-tier) system. It is headed by the Minister of Finance, then through the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, he manages the strategic management of the Economic Investigation Service. Thus, the first level is formed by the units of the KGD of the Ministry of Finance of the RK (departments, offices). 113

 

The second level is formed by the territorial bodies of the Economic Investigation Service – local Departments, where the relevant departments of the SED (management) have been established only in the oblasts, as well as in the cities of Astana and Almaty. The organization and activities of the Economic Investigation Service are characterized only by special principles: a combination of open and private forms of activity. Operational-investigative activity by the Economic Investigation Service is conducted within the strict framework of the Law of the Republic of Kazakhstan No. 154-XIII of September 15, 1994 "On Operative-Search Activity" and is carried out publicly and behind the scenes. At the same time, they are entitled to conduct a survey of citizens, make inquiries, collect samples for comparative research and control purchases, monitor, survey premises, carry out other actions provided for by law. Administrative activity by the Economic Investigation Service is carried out within its competence related to the proceedings in cases of administrative violations. In accordance with the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses", the Economic Investigation Service, in particular, is charged with reviewing cases of administrative violations related to violation of the requirements of the legislation on the sale of goods without documents (Art. 203 of the Administrative Code of the Republic of Kazakhstan); on receipt by an individual undertaking or an organization or using a loan with violation of the legislation of the Republic of Kazakhstan (part 1, article 233 of the Administrative Code of the Republic of Kazakhstan); for concealing objects of taxation (Article 270 of the Administrative Code of the Republic of Kazakhstan); on disclosure of information constituting a tax secret (Art. 473 of the Administrative Code of the Republic of Kazakhstan), etc. If there are reasons to suspect that an administrative violation has been committed, the employees of the Economic Investigation Service have the right to check with citizens and officials identity documents, to bring citizens to the tax authorities for the preparation of an administrative protocol, to carry out administrative detention, personal searches, inspect things and vehicles, impose administrative 114

 

arrest on property of legal entities and individuals, as well as to apply other measures provided for by the legislation of the Republic of Abkhazia iki Kazakhstan on administrative offenses. The production of the preliminary investigation is the most important direction of the law enforcement activity of the Economic Investigation Service. The new Code of Criminal Procedure of the Republic of Kazakhstan, enacted on January 1, 2015, retains the powers of the Economic Investigation Service for the production of inquiry and preliminary investigation. Economic investigation services carry out preliminary investigations on cases of tax, customs and financial criminal offenses. Investigators of the Economic Investigation Service may, in addition to cases involving economic criminal offenses, also investigate other cases of criminal offenses listed in part 4, article 187 of the Criminal Procedure Code of the Republic of Kazakhstan, if they have identified them and started pre-trial investigations. In case of detection of a criminal offense attributed to their competence, investigators of the Economic Investigation Service conduct pre-trial investigations in full, take measures provided for by law for a comprehensive, full and objective investigation of all circumstances. Investigators of the Economic Investigation Service exercise powers in accordance with the criminal procedural legislation of the Republic of Kazakhstan and are obliged to observe the tax secret and other secret protected by the legislation of the Republic of Kazakhstan. The Service of Economic Investigations, within its competence, executes the definitions of courts, judgments of judges, written instructions of prosecutors. The tasks set before the Economic Investigation Service are resolved in cooperation with other government agencies to ensure the economic security of the Republic of Kazakhstan. Duties and rights of employees of the Economic Investigation Service In order to prevent, detect, intercept, disclose and investigate economic and financial crimes and offenses, the employees of the Economic Investigation Service are vested with corresponding duties and rights. 115

The duties of the employees of the Economic Investigation Service are as follows:  protect the interests of the state;  draw up protocols and review cases on administrative offenses, carry out administrative detention, and apply other measures provided for by the legislation of the Republic of Kazakhstan on administrative offenses;  to bring to administrative responsibility in the manner established by the Code of the Republic of Kazakhstan of July 5, 2014 "On Administrative Offenses";  to ensure, in accordance with the legislation of the Republic of Kazakhstan, protection against unlawful acts in relation to the activities of state revenue bodies, officials of state revenue bodies and members of their families;  To fulfill the duties established by the criminal procedural legislation of the Republic of Kazakhstan, as well as the Law of the Republic of Kazakhstan of September 15, 1994 "On Operative-Search Activity";  take measures to prevent, detect, suppress, disclose and investigate economic, financial crimes and offenses within the competence of the Committee;  accept, register and consider applications and reports on committed or prepared crimes, take timely measures to prevent and disclose them, as well as detain persons who committed them, and prevent socially dangerous consequences;  to take measures within the competence to ensure compensation for property damage caused by criminal offenses;  to take measures provided for in legislative acts on state protection of persons participating in criminal proceedings; To implement the above-mentioned law enforcement tasks, the employees of the Economic Investigation Service have the following rights:  take part in the development and implementation of programs to combat crime in the Republic of Kazakhstan;  demand from the heads and other officials of organizations regardless of the form of ownership, as well as individuals, the provision of documents, information, information, including those containing 116

 

banking, commercial and other secrets protected by the legislation of the Republic of Kazakhstan, the presentation of goods, the production of audits and inspections, and demand that these persons commit other actions necessary for the implementation of the main tasks and functions of the Committee in accordance with the procedure established by the legislation of the Republic of Kazakhstan;  interact with state authorities, ensuring mutual exchange of information, including electronically, in the manner established by the legislation of the Republic of Kazakhstan;  to seize or seize documents, goods, objects or other property in accordance with the criminal procedural legislation and the Code of the Republic of Kazakhstan of July 5, 2014 "On Administrative Offenses";  produce documentation, video and audio recording, film and photography of facts and events in accordance with the legislative acts of the Republic of Kazakhstan;  to acquire goods, including weapons, special technical and other means, as well as special dogs for performing functions assigned to the state revenue bodies in accordance with the legislation of the Republic of Kazakhstan;  use physical force, special means and firearms in accordance with the legislation of the Republic of Kazakhstan;  to carry out operational-search activity in accordance with the Law of the Republic of Kazakhstan of September 15, 1994 "On Operative-Investigative Activities";  to give mandatory instructions for execution, representations to individuals and legal entities on the elimination of the causes and conditions that contributed to the commission of crimes and other offenses;  in the order established by the legislation of the Republic of Kazakhstan to keep, carry and use weapons, ammunition, special means, as well as, if necessary, use physical force, including combat methods of struggle;  exercise powers in accordance with the criminal procedure legislation of the Republic of Kazakhstan;  to have access to documents, materials, statistical information and other information on the materials and criminal cases available 117

 

in the proceedings, as well as to require their submission from the heads and other officials of organizations, individuals, remove copies from them, receive explanations;  use the relevant temporary detention facilities, pre-trial detention centers in the manner prescribed by the legislation of the Republic of Kazakhstan;  on the criminal cases available in the proceeding, subject the persons evading call appearance to the drive;  convoy detainees and other persons detained in custody;  conduct forensic research within the limits of competence provided by the legislation of the Republic of Kazakhstan, as well as exercise other rights provided for by the legislation of the Republic of Kazakhstan. Legal requirements of the employee of the Economic Investigation Service are mandatory for citizens and officials to perform. The law defines a system of legal and social protection measures for employees of the Economic Investigation Service. They are obliged to preserve the state, official, commercial secret, the secret of information on the contributions of individuals and other information received by them in the performance of their official duties. Employees of the Economic Investigation Service are divided into officers (operational staff) and investigators. All employees have ranks and uniforms. Formal outfit is a blue tunic and gray trousers, women have skirts. On the right side of the tunic there is the emblem of the State Revenue Committee. On the tunic there are no epaulettes, but information about the rank of an employee in the form of asterisks is located on the right side of the top outfit. Men have hats with a company coat of arms, women have caps. In conclusion, let us pay attention to the most important circumstance that caused the liquidation of the financial police. It was voiced by the head of state, who was dissatisfied with the fact that the investigation of corruption crimes was also in the introduction of the financial police. And, consequently, on the part of colleagues it was possible not to be afraid to be exposed for numerous official abuses committed by persons engaged in the disclosure and investigation of tax and financial crimes in the field of 118

 

entrepreneurship. In this connection, at present, the fight against corruption criminal offenses has moved to the Anti-Corruption Service, and the strategic management of the Economic Investigation Service has been entrusted to the Civilian Minister of Finance. This was done not by accident, it was necessary to eliminate the "strength" signs of the financial police body. Recommended legal sources 1. Law of the Republic of Kazakhstan from 06.01.2011 N 380–IV 3PK "On law enforcement service". 2. The Law of the Republic of Kazakhstan of September 15, 1994 "On Operative-Search Activity". 3. Law of the Republic of Kazakhstan of July 5, 2000 No. 72 "On state protection of persons participating in criminal proceedings". 4. The Code of the Republic of Kazakhstan of July 5, 2014 "On Administrative Offenses". 5. Order of the Chairman of the Committee of State Revenues of the Ministry of Finance of the Republic of Kazakhstan from September 7, 2016 No. 522 "On approval of the provisions of the State Revenue Department of the Committee of State Revenues of the Ministry of Finance of the Republic of Kazakhstan for the regions, cities of Astana and Almaty and their territorial bodies". 6. Decree of the President of the Republic of Kazakhstan No. 153 of December 29, 2015 "On measures to further improve the ethical standards and rules of conduct of civil servants of the Republic of Kazakhstan". 7. Order of the Minister of Finance of the Republic of Kazakhstan dated January 29, 2015 No. 56 // "On some issues of the service in the operational and investigation divisions of the state revenue bodies (Economic Investigation Service)."  Questions for self-control 1. Indicate the purpose, main tasks and powers entrusted to the Economic Investigation Service of the KGD of the Ministry of Finance of the Republic of Kazakhstan. 2. What are the main activities of the Economic Investigation Service of the KGD? 3. For what purpose was the Economic Investigation Service established within the structure of the Ministry of Finance of the Republic of Kazakhstan? Specify the reasons for the liquidation of the financial police and the transfer of some of its functions to the Economic Investigation Service. 4. What is the system of the Economic Investigation Service of the KGD of the Ministry of Finance of the Republic of Kazakhstan? 5. What structures of the Economic Investigation Service are created in the KGD Office of the Ministry of Finance of the Republic? 6. Who leads the Economic Investigation Service? Indicate their credentials.

119

 

7. What are the priority tasks at this stage for the Economic Investigation Service? Give them your assessment. 8. What special principles are the basis for the work of the employees of the Economic Investigation Service? 9. Expand the system of territorial bodies of the Economic Investigation Service. 10. What responsibilities and rights are granted to the employees of the Economic Investigation Service? 11. What confirms the identity and authority of the employee of the Economic Investigation Service of the KGD? 12. What form of clothes and insignia of employees of the Economic Investigation Service differ from the form and insignia of employees of the National Anti-Corruption Bureau? 13. Indicate the criteria for classifying the Economic Investigation Service of the Ministry of Finance of the Republic of Kazakhstan as a law enforcement agency. 

120

 

Lecture 10. Law Enforcement Service of the Republic of Kazakhstan Main issues (provisions) and summary Improvement of legislation on the law enforcement service of the Republic of Kazakhstan The Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020, approved by the Decree of the President of the Republic of Kazakhstan dated August 24, 2009, No. 858, specifies the need to optimize the structure and functions of law enforcement agencies in order to establish more effective organizational and management mechanisms and efficient distribution of relevant functions. For law enforcement officers, the Concept establishes the definition of common legal standards and norms for the passage of service, including the competitive procedure for admission to the service of law enforcement agencies. The Head of State N.Nazarbayev in his message to the people of Kazakhstan dated January 29, 2010 "New Decade – New Economic Growth – New Opportunities of Kazakhstan" noted the importance of optimizing the law enforcement system. The order of service in all law enforcement agencies was regulated by various laws and departmental by-laws. Therefore, the legal status of employees of state bodies, the conditions for serving in law enforcement bodies (reception, transfer, dismissal, appropriation of special military ranks and class ranks, imposing penalties), social security, etc., were differently regulated. For example, the police during the decision of issues of pensions, calculation of length of service, as well as other issues on the passage of the service were guided by the law on internal affairs bodies. The Law of the Republic of Kazakhstan "On the Prosecutor's Office" regulated the passage of service in the prosecutor's office. There were also differences in the benefits and benefits of employees of certain law enforcement agencies, and, accordingly, the amounts of benefits received by the pensioners of these bodies were different. 121

 

The Law of the Republic of Kazakhstan "On Law Enforcement Service" dated 6.01.2011 established unified legal standards and norms (service, transfer, dismissal), legal position (status), material security and social security of law enforcement officers. The Law establishes the generally accepted for the specified type of service provisions relating to one-man management and subordination, the unity of the organization of service, mandatory professional selection upon admission to the law enforcement service. In addition, traditional institutions for assigning special ranks, class ranks and qualification classes are retained for law enforcement agencies, systematic approaches to their correlation with military ranks, class ranks and qualification classes in the law enforcement service are fixed. Also, duties and rights, requirements to the official behavior of a law enforcement officer are defined. This Law also provides that in relation to a law enforcement officer, his rights and freedoms may be restricted as a person and a citizen to the extent necessary to carry out tasks related to the protection of the foundations of the constitutional order, the rights and legitimate interests of citizens. In order to compensate for the imposed restrictions, as well as to ensure the fulfillment of statutory duties for the law enforcement officer, the norms that provide additional state guarantees to the employee and his family members are established (preserved), depending on the functional burden of directly suppressing offenses and investigating criminal offenses. In cases of fulfillment of the tasks of directly suppressing offenses with a risk to life and health, participation in armed clashes and counter– terrorist operations, the law establishes state guarantees. Thus, the adoption of the Law of the Republic of Kazakhstan "On Law Enforcement" made it possible to strengthen the effectiveness of professional activities of law enforcement officers in carrying out the functions assigned to them by the state. As part of the further improvement of legislation on law enforcement, the Head of State sets the task The Government of the Republic of Kazakhstan on taking measures to establish a higher level of remuneration for law enforcement officers performing basic functions in comparison with the employees performing the supporting functions. At the same 122

 

time, attention is drawn to the need to revise the procedure for determining the length of service, the provision of pensions, the appropriation of titles, class ranks and qualification classes, depending on the performance of basic or supporting functions. In order to strengthen the law enforcement service, its employees are periodically evaluated to determine their level of professional training. To this end, law enforcement officers hand over the established standards for physical, combat and service training, taking into account the specific activities of the relevant law enforcement agency, and also undergo testing for psychological stability26. An example is the attestation of law enforcement officers in 2012, the purpose of which was to check not only the level of their professional training and compliance with their modern requirements, but also to clean themselves of incompetent employees with low moral and moral qualities and corruption behavior that discredit the image of the state27. The order of testing for determining the psychological stability, the submission of standards for physical, combat and service training, as well as testing, test tasks and threshold values for categories of posts are determined by the head of the law enforcement agency. The composition of the central attestation commissions of law enforcement bodies is also approved by their first supervisor. A composition of regional attestation commissions are approved by the head of the law enforcement agency. Admission into law enforcement service On a voluntary basis, citizens of the Republic of Kazakhstan who have reached the age of eighteen, capable of carrying out their official duties, in accordance with their personal, moral, business,                                                             

26

The Decree No. 331 of the President of the Republic of Kazakhstan of June 1, 2012 "On Amending Decree No. 292 of the President of the Republic of Kazakhstan dated April 8, 2012" Conducting an extraordinary attestation of law enforcement officers of the Republic of Kazakhstan. " 27 The Decree of the President of the Republic of Kazakhstan dated April 8, 2012 No. 292 "On Conducting Extraordinary Attestation of Law Enforcement Officials of the Republic of Kazakhstan."

123

 

professional qualities, health and physical development, and the level of education, are accepted for service in law enforcement bodies. The citizen also must be able to perform his official duties in accordance with his business, personal, moral and professional qualities, education and health. Admission to the service in law enforcement bodies is carried out on condition that the citizens pass a mandatory special inspection. In addition, citizens who are recruited for service in law enforcement bodies must undergo mandatory medical and psycho-physiological examinations, including polygraph examinations, in the military medical commissions in order to determine their suitability for service. Citizens entering the anti-corruption service undergo a polygraph examination in the relevant subdivision of the Civil Service and Anti-Corruption Unit. When enrolling in the law enforcement service, a citizen and his/her spouse are required to submit a declaration of income and property to the state revenue body at the place of residence in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption". Citizens first entering the service in law enforcement bodies, with the exception of those who come to study in the education organization of law enforcement bodies, are tested, including the evaluation of personal qualities in the authorized body for civil service affairs. Admission to the service in law enforcement bodies is carried out on a competitive basis, taking into account the candidate's competitiveness index and the degree of its compliance with professional competencies. Candidates for the service, with the exception of persons who were previously law enforcement officers, are required to undergo an internship. The selection of candidates accepted for service (study) in law enforcement bodies, their preliminary study is carried out by the personnel services in the manner determined by regulatory legal acts of law enforcement bodies. The right to enroll in the law enforcement service outside the competitive selection is available to persons who have completed training in law enforcement education organizations, former employees 124

 

and servicemen, members of Parliament, political civil servants, judges who have ceased their powers, with the exception of persons dismissed or terminated negative motives, and corresponding to the qualification requirements. The procedure and conditions for holding positions are determined by the regulatory legal acts of law enforcement agencies. Employment of a vacant employee during the period of law enforcement service is carried out on an out-of-competition basis in the order of transfer if it meets the qualification requirements for the relevant vacant position and with his consent. Admission to the service does not depend on the nationality, sex, social origin, property and official status of the citizen, his attitude to religion, beliefs, membership in public associations. When holding a competition in central offices and law enforcement agencies, announcements are published on the Internet resources of law enforcement agencies, as well as in periodicals distributed throughout the territory of the Republic of Kazakhstan. Announcements on holding a competition in territorial units are published on the Internet resources of law enforcement agencies, as well as in periodicals distributed to the territory of the respective administrative-territorial unit. Admission to the service in law enforcement agencies is carried out by appointment to the post, including by concluding a contract for persons who entered for full-time education in the organization of law enforcement education. In addition, it is formalized by orders of heads of law enforcement bodies or authorized executives. The order is declared to the persons of the private and commanding staff against the signature. Individuals of the rank and file shall take upon themselves the restrictions established by this Law and other laws of the Republic of Kazakhstan related to the presence of the employee in the law enforcement service and the anti-corruption restrictions established by the Law of the Republic of Kazakhstan on Combating Corruption. Those who are liable for military service, assigned to posts of rank and file officers or enlisted in cadres of law enforcement bodies, including cadets of educational organizations of law enforcement 125

 

bodies, are removed in accordance with the established procedure from military records and put on special account of law enforcement bodies. Citizens of the age of not more than twenty-five years old, middle and senior commanders – no older than thirty-five years old, having the appropriate education and having served in military or military training in the specialized organizations of the Ministry of Defense for the preparation of military – trained reserve, as well as citizens who have been released or have a deferment from conscription for urgent military service in accordance with the legislation of the Republic of Cyprus Kazakhstan faces. On the law enforcement service in accordance with the law, upon the decision of the head of the law enforcement agency, a person over thirty-five years old who has a high professional qualification or considerable work experience in certain specialties may be accepted for the post of middle and senior commanders. Individuals and junior commanders are recruited or appointed employees with an education of not less than the average, depending on the qualification requirements for the categories of positions of the law enforcement agency. Citizens of the post of average commander are appointed or employees who have technical and professional, post-secondary, higher education are appointed, depending on the qualification requirements for the categories of positions of the law enforcement agency. Training in specialized law enforcement education institutions is free of charge. To study in the organization of education of law enforcement bodies, persons with secondary education who have reached the age of sixteen can be enrolled. The Law Enforcement Law prohibits an employee from joining political parties, trade unions, supporting them financially and participating in party work. In addition, law enforcement officers assume restrictions related to the presence of the employee in the law enforcement service, and anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On Combating Corruption". Persons entering the service for the first time in law enforcement bodies, who have been given a special rank or class rank, have a 126

qualification class that take the oath. They will swear allegiance to the state and swear "not to spare their forces in the fight against crime". Upon admission to the law enforcement service, a citizen will be issued a service certificate and a special badge with a personal number. Tokens are not given to employees of the prosecutor's office, operational and investigative units of the anti-corruption service and employees of the Economic Investigation Service. The certificate not only indicates the status of the employee, but also confirms his right to bear arms. The duration of the official time for the employee is established in accordance with the labor legislation of the Republic of Kazakhstan, taking into account the specifics provided by the Law Enforcement Service Law. Paid annual leave for employees is granted for a period of thirty calendar days with payment of a health benefit in the amount of two official salaries. Depending on the length of service in law enforcement agencies, employees will be granted additional leave – from 5 to 15 days. Additional paid leave, depending on the length of service (in calendar terms) taken into account when assigning a pension, employees are provided with: 1) who have a seniority of more than ten years – for a period of five calendar days; 2) having a seniority of more than fifteen years – a period of ten calendar days; 3) having a seniority of more than twenty years – lasting fifteen calendar days. The law lists the guarantees of social protection provided for law enforcement officers. In particular, compulsory life and health insurance of citizens working in this system is planned. However, the insurance will not be paid if the employee's injury or death occurs while committing an intentional crime. The same goes for the situation when heavy injuries are received in a drunken state. The law enforcement service is characterized by its armament. Employees of law enforcement bodies have the right to storage, carrying and use in cases of weapons established by law. A special procedure for the passage of law enforcement services is expressed in the increased requirements to the state of health, 127

 

physical and mental condition of persons who are in the armed service, taking oaths, assigning military or special ranks, wearing uniforms, strict discipline, state guarantees, protection, and .P. Proceeding from the above signs, the law enforcement service is a special type of civil service in the posts of law enforcement agencies. Principles of service in law enforcement bodies of the Republic of Kazakhstan are a set of principles of public service in the Republic of Kazakhstan and special principles of law enforcement service. Special principles are established in Art. 2, Art. 4 of the Law on Law Enforcement Service and concentrate the legal requirements to the content of service relations in law enforcement agencies. Special principles of law enforcement service are: 1) the obligation to protect the rights and freedoms of man and citizen, the interests of society and the state against criminal and other unlawful attacks; 2) cooperation with civil society institutions; 3) the unity of approaches to the organization of law enforcement services in law enforcement agencies; 4) one-man management and subordination (subordination); 5) independence from the activities of political parties and other public associations. These special principles are mandatory for all participants in this relationship. The legal status of a law enforcement officer Consideration of the legal status of an employee of law enforcement agencies assumes, first of all, the need to identify these subjects. In accordance with Article 1 of the Law on Law Enforcement Service, those are citizens of the Republic of Kazakhstan, consisting of posts of the rank and file and having special ranks, class ranks or qualification classes. The legal status of a law enforcement officer is derived from the legal status of a particular law enforcement agency. Consequently, 128

 

the legal status of a law enforcement officer in the most general form can be defined as the totality of the duties assigned to him in the sphere of ensuring the security of the individual, society and the state, as well as the rights granted to him by the state and enshrined in regulatory legal acts. The main element of the legal status of a law enforcement officer is, of course, a position that concentrates all other elements without which it would be impossible to determine the legal position of the employee of these bodies as a representative of state power. The post is the starting point of formation, both in general the legal status of the employee, and the basis of his legal status. An important place in the structure of the legal status of a law enforcement officer is occupied by the state-power powers with which he is endowed and which are nothing more than the rights granted by the legislation of the Republic of Kazakhstan in the field of protecting public order, ensuring personal and public security. Meanwhile, the legal status of the employee, in addition to state power, also contains responsibilities, since it would be impossible to regulate the activities of an employee without their definition. This is an integral element of the legal status. The rights accompanying the activities of a law enforcement officer are an element of his legal status. These include: – the right to apply to the court to resolve disputes that arose in the course of the civil service; – the right to permanent storage and carrying of firearms and special means; – the right to further training and retraining; – the right to state protection, as well as a number of other rights established by the current legislation. Now let us dwell in more detail on the elements of the legal status of a law enforcement officer. The initial, fundamental element of the legal status of the employee, as noted, is the post. Each post in the law enforcement service is formed in an orderly manner. Legal acts determine its place in the service hierarchy, the name, and the order of substitution. 129

 

An analysis of the law on law enforcement service shows that the system of posts in these state bodies includes the rank of privates, junior, middle, senior and senior commanders. In addition to official position, employees have special titles that, unlike posts, are not elements of the body structure, but are appropriated by post individually. There is a relationship between posts, on the one hand, and special ranks on the other, but this connection is not absolutely certain, since sometimes a person having a lower special rank but occupying a higher position is the chief of a person having a higher rank but occupying inferior post. In addition, the special titles of law enforcement officers, unlike the office, are lifelong, and when the service is terminated, the words "retired" are added to the existing title. Another determining element of the legal status of the employee of the internal affairs bodies is the state-power authority, due to the position held. Implementation of law enforcement functions by employees is impossible without empowering them with state power. Employees authorized by the state on its behalf to resolve within their competence emerging issues and situations. Their power is characterized by a combination of the following features: a) the right to give legal orders and instructions Persons who are not directly subordinate to them; b) act on behalf of the state body in which they serve, and the state as a whole, which has given them power; c) in the necessary cases have the right to apply measures of state coercion. At the same time, taking into account the unequal orientation of the powers of the staff, the difference in the amount of power and the nature of the measures of state coercion in order to ensure the powers granted to them can be divided into: 1) empowered both in relation to persons and structural units subordinate to them in the service, and the right to exercise state coercion by disciplinary measures, and powers in relation to third parties not connected with them by official relations, and the right to exercise with respect to them administrative measures; 130

 

2) empowered by authorities in relation to third parties and the right to implement administrative measures. It is absolutely clear that the state-power authority is granted to the employee for the performance of official duties. This is also an element of his legal status. Obligations are an independent element of the legal status of the employee and characterize the essence of his state-service activities. Their analysis allows us to talk about common (service) duties, which are elevated to the rank of regulatory requirements and are established by legislation for all or for a certain range of civil servants, and specific (official) duties, which are defined by job descriptions and regulations. To the official duties of the employee can be attributed, for example, the following: their conscientious execution; ensuring the protection of the rights and legitimate interests of citizens; preservation of state and other secrets protected by law, as well as non-disclosure of information that has become known to him, affecting private life, honor and dignity of citizens; assistance to citizens affected by criminal offenses, administrative offenses and unfortunate ones cases; taking measures to save people, to prevent and suppress violations of law, to detain individuals on suspicion of committing them. This is not a complete list of official duties assigned to employees. Their circle is reduced to ensuring compliance with the Constitution of the Republic of Kazakhstan, as well as to the implementation of laws. It is they who characterize the legal status of a law enforcement officer as a representative of the authorities. Official duties, as noted above, are determined by job descriptions, provisions that are developed on the basis of qualification requirements established by law on relevant law enforcement agencies, and approved by the heads of these bodies and their structural units. Through these acts, the execution of the relevant functions, the totality of official duties, the interaction of structural units, the system of relations between employees, as well as their personal responsibility for the assigned area of activity are specified. 131

 

Job duties are not established personally for each employee, but for a position, i.e. they are determined by the office space that the employee occupies in the structure of the law enforcement agency. The range of job responsibilities is broad and is conditioned, first of all, by a multitude of positions themselves, as well as by the presence of other factors, which include: the title of the post; the level of competence of the body where this position was established; scope, specifics of tasks and functions performed by the body or its structural subdivision; The administrative-territorial region in which the law-enforcement agency is located; degree of staffing staff, etc. The last element in the structure of the legal status of a law enforcement officer is the rights that accompany his state-service activities. Rights, or rather compliance with them, create security conditions, both in the legal and social spheres. In accordance with the Constitution of the Republic of Kazakhstan, employees fully enjoy all the rights and freedoms that are guaranteed to them as citizens. However, for the successful performance of activities they are accorded appropriate rights. Analysis of the legislation regulating the passage of civil service in the law enforcement service, we can talk about two groups of rights of employees. The first group consists of rights that facilitate the immediate performance of official and official duties. Among them, first of all, the following rights should be distinguished: 1) to get acquainted with the documents that determine his rights and responsibilities for the position held; 2) to receive information necessary for the performance of official duties; 3) to visit organizations, regardless of the form of ownership, if necessary for the performance of their official duties; 4) to take decisions and participate in their preparation; 5) for the permanent storage and carrying of firearms and special means. The second group includes official rights, indirectly (indirectly) affecting the performance of official duties, accompanying the stateofficial activity of the employee. 132

These include: 1) the right to promotion, increase in monetary content; 2) the right to familiarize yourself with the materials of your personal file; 3) the right to retraining and further training; 4) the right to conduct an official investigation upon his request to refute information discrediting his honor and dignity; 5) the right to make proposals for improving the law enforcement service; 8) the right to apply to a court to resolve disputes arising in the course of the civil service; 9) the right to state protection. And also a number of other rights established by the current legislation. When entering the civil service, employees voluntarily accept a number of restrictions and prohibitions established by law. Therefore, within the framework of this element of legal status, it is necessary to consider the restriction of their civil rights, which are established by the state and are called upon to ensure the effective functioning of the civil service in law enforcement agencies in the exercise of public authority, to prevent possible abuse, and to create the necessary conditions for the independence of public service activities. They act in relation to the employee during the whole period of his stay at the law enforcement service, for example, a ban on receiving rewards from individuals and legal entities related to the performance of official duties, and after the end of the service. It seems that the restrictions and bans imposed by law on the passage of law enforcement services should be considered in four main aspects: 1) incompatibility of law enforcement activity with other types of paid activity, except pedagogical, scientific and other creative activity; 2) inadmissibility of receiving remuneration from third parties for the performance of their duties; 3) strict observance of official discipline; 4) political neutrality. These are the four main restrictive (prohibitive) elements of the legal status of a law enforcement officer. 133

 

Special ranks, class ranks and qualification classes of law enforcement officers Law enforcement officers are given the following special ranks or class ranks: 1) rank and file: Private; 2) junior command staff: Lance Sergeant; sergeant; staff Sergeant; foreman; 3) average commanding staff: Ensign; lieutenant, class 3 lawyer; Senior Lieutenant, 2nd class lawyer; the captain, the lawyer of 1 class; 4) senior commanders: Major, Junior Counselor; lieutenant colonel, adviser; Colonel, senior adviser; 5) higher commanding staff: Major-General, State Counselor of the 3rd class; Lieutenant-General, State Counselor of the 2nd class; Colonel-General, State Class Counselor; state counselor of the highest class. Special ranks or class ranks are appropriately assigned to employees in a sequential order, taking into account qualifications, education, attitudes towards the service, length of service and full-time positions. To the special ranks or class ranks of employees the following words are added, indicating their belonging: 1) the prosecutor's office – "Justice"; 2) bodies of internal affairs – "police", "justice", "civil defense"; The Law on Law Enforcement Service establishes the length of service in special ranks: 1. Terms of service in special ranks of rank and file commanders: in the rank of private – three months; 134

 

in the rank of junior sergeant – one year; in the rank of sergeant – two years; in the rank of senior sergeant – three years. Term seniority in the rank of foreman is not established. 2. Terms of seniority in special ranks and class ranks of middle and senior commanders: in the rank of junior lieutenant – one year; in the rank of lieutenant, third class lawyer – one year; in the rank of a senior lieutenant, a lawyer of the 2nd class – three years; in the rank of captain, a lawyer of the 1st class – four years; in the rank of major, junior counselor of justice – five years; in the rank of lieutenant-colonel, counselor of justice – five years. Terms of seniority in the ranks of the foreman, colonel, class ranks of the senior adviser and the rank of generals are not established. To each post there corresponds a special special rank, which can be appropriated for this post. Special title (except for the rank of general) can be awarded ahead of schedule or at a level higher than the maximum rank for the position in order of encouragement. For employees of the anti-corruption service and the Economic Investigation Service, the following qualification classes and terms of stay in them are established: 1) the average commanding staff: qualification class 6 category – one year; qualification class 5 category – three years; qualification class 4 categories – four years; 2) senior commanders: qualification class 3 categories – five years; qualification class 2 categories – seven years; qualification class 1 category – the period of stay is not established. Depending on the sequence of establishment, the qualification classes are divided into the first and the next. The first qualification class is the qualification class of the 6th category. 135

 

The next qualifying classes are established in a sequential order after the expiry of the period of stay in the previous qualification classes. Special or military ranks, class ranks, qualification classes are appropriated to persons accepted for service in law enforcement bodies, personally, in a sequential order, taking into account qualifications, education, attitudes to service, length of service and occupied staffing positions. It is necessary to pay attention to the peculiarity of assigning special titles to the system of internal affairs bodies. Special ranks in the ATS system (not to be confused with military ranks assigned to servicemen of the Interior Ministry troops and top management of the Ministry) are assigned depending on the unit in which the employee serves, and may be titles of police, internal service or justice. When an employee moves from one unit to another, he may be assigned a similar special rank in the order of re-certification. Employees of law enforcement agencies, who are given special or military ranks, class ranks, qualification classes are provided with uniforms for free. Employees who are fired after reaching the age limit in the service or who have long service, who give the right to retire to their special or military ranks, class ranks, are added words – "retired". Given the above, we can draw the following main conclusions on this topic. The Law of the Republic of Kazakhstan dated January 6, 2011 "On Law Enforcement Service" stipulates the rights and duties of law enforcement officers, the procedure for awarding special ranks, class ranks and qualification classes, describes the procedure for admission to the service, appointments and promotion in law enforcement, describes the procedure for ensuring the official discipline in them, as well as clarified the measures of social protection and material security for law enforcement officers. The law is aimed at establishing common legal standards and norms for the passage of law enforcement services. The law made it possible to eliminate inconsistencies and contradictions in the legal regulation of this type of public service. The goals of the adoption of the law ensured the implementation of the norms and provisions of the national legislation on public 136

 

service in relation to the law enforcement service as its independent form and became an important factor in the effectiveness of public administration in general in the context of administrative reform in the Republic of Kazakhstan. Recommended legal sources 1. Law of the Republic of Kazakhstan from 06.01.2011 N 380-IV 3PK "On law enforcement service". 2. Decree of the President of the Republic of Kazakhstan "On Conducting Extraordinary Attestation of Law Enforcement Officers of the Republic of Kazakhstan" dated April 8, 2012 No. 292. 3. The decree of the President of the Republic of Kazakhstan "On measures to improve the effectiveness of law enforcement activities and the judicial system in the Republic of Kazakhstan" of August 17, 2010 No. 1039. 4. The Decree of the President of the Republic of Kazakhstan "On additional measures to strengthen the fight against crime and corruption and further improve law enforcement in the Republic of Kazakhstan" of April 22, 2009, No. 793. 5. Decree of the President of the Republic of Kazakhstan of August 24, 2009, No. 858 "On the Concept of the Legal Policy of the Republic of Kazakhstan for the Period from 2010 to 2020" // Kazakhstanskaya Pravda of August 27, 2009, No. 205 (25949); "Egemen Kazakhstan" 2009, on August 28, № 281-283 (25680). Questions for self-control 1. What are the reasons for the appearance of the Law of the Republic of Kazakhstan "On Law Enforcement Service" of January 6, 2011? 2. Name the bodies that carry out law enforcement activities in the Republic of Kazakhstan. 3. Give a description of special principles of law enforcement service of the Republic of Kazakhstan. 4. Outline the requirements for applicants to serve in law enforcement agencies of the Republic of Kazakhstan. 5. Tell us about the peculiarities of the legal status of law enforcement officers of the Republic of Kazakhstan. 6. What is the specificity of the restrictions and prohibitions related to the passage of law enforcement services in the Republic of Kazakhstan? 7. List special ranks of law enforcement officers, briefly disclose the material and social security features of law enforcement officers of the Republic of Kazakhstan. 8. Indicate the qualification classes and the terms of stay in them for employees of the anti-corruption service and the Economic Investigation Service. 9. Describe the peculiarity of the termination of service in law enforcement bodies of the Republic of Kazakhstan. 10. Tell us about measures to improve the effectiveness of law enforcement in the Republic of Kazakhstan, including extraordinary attestation. 11. What are the principles of law enforcement service?

137

Lecture 11. Security authorities of the Republic of Kazakhstan Main issues (provisions) and summary General characteristics of the security of the Republic of Kazakhstan and its system The characteristics of law enforcement agencies will not be complete unless you consider those that provide security in the Republic of Kazakhstan.In accordance with the Law of the Republic of Kazakhstan dated January 6, 2012 No. 527-IV "On the National Security of the Republic of Kazakhstan" under the national security of the Republic of Kazakhstan (hereinafter – national security) is understood the state of protection of the national interests of the Republic of Kazakhstan against real and potential threats, and citizen, society and state. Among the main security objects are: a person, his life, rights and freedoms; society, its material and spiritual values; the state, its constitutional order (clause 8 of article 1). The main goal of the adoption of the law on national security is to strengthen the national security system, to bring to a new level a system to counter modern challenges and threats. It clarifies the priorities of national security in the information sphere, and in the matters of economic security, the main threat is the instability of the financial system. The powers of state bodies and officials in the field of ensuring national security, the legal basis for organizing their activities have been established. It should also pay attention to the fact that the law establishes norms that require the observance of national interests when making economic decisions, including within the framework of supranational bodies. Subjects of security according to the law is the state exercising its powers through the bodies of the legislative, executive and judicial branches of power, as well as citizens and organizations of the Republic of Kazakhstan participating in the implementation of the state policy in the field of national security. Thus, the state is recognized as the main entity entrusted with ensuring security in the Republic of Kazakhstan. 138

 

Citizens and organizations, being subjects of security, have the rights and obligations to participate in ensuring security in accordance with the legislation of the Republic of Kazakhstan. To characterize the security regime, the concept of a security threat is essential. Under the threat of security we mean a set of external and internal factors (processes and phenomena) that impede or can impede the realization of the national interests of the Republic of Kazakhstan. The achievement of security is ensured by the implementation of a unified state policy in the field of security, the implementation of a system of political, legal, organizational, economic, military and other measures aimed at ensuring the security of individuals and citizens, society and the state. The legislation of the Republic of Kazakhstan in the field of ensuring national security is based on the Constitution of the Republic of Kazakhstan and consists of the Law on National Security of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan in the field of security. The law establishes the principles of security. They are: 1) compliance with the law in the implementation of activities to ensure national security; 2) priority of rights and freedoms of man and citizen; 3) prompt mutual information and co-ordination of actions of the national security forces; 4) unity, interrelation and balance of all types of national security, rapid change in their priority, depending on the development of the situation; 5) the priority of preventive and preventive measures while ensuring national security; 6) the timeliness and adequacy of national security measures to the extent and nature of the inflicted and (or) potential damage to national security; 7) observance of the balance of interests of a person and a citizen, society and the state, their mutual responsibility; 8) controllability of the implementation of the whole set of actions to protect national security; 9) integration of the national security system with international security systems; 139

 

10) a clear delineation of the powers of state bodies. In accordance with the Law on National Security, the security system of the Republic of Kazakhstan is formed by the cooperating forces of its security, other state bodies and organizations carrying out political, legal, organizational, economic, military and other measures aimed at ensuring the security of the individual and citizen, society and the state. Security activities are heterogeneous, and a number of key functions are identified. These include:  definition of national interests of the Republic of Kazakhstan;  Defining the goals, objectives and main directions for ensuring national security;  identification, analysis, assessment and forecasting of threats to national security;  development and implementation of a set of operational and long–term measures to prevent and neutralize threats to national security;  Promotion of political initiatives aimed at strengthening international security;  keeping the national security forces in constant readiness;  Participation in ensuring international and regional security in accordance with international treaties ratified by the Republic of Kazakhstan. Ensuring national security is achieved by clearly establishing the powers of the authorities in the security system. The powers of the President of the Republic of Kazakhstan are:  definition of the main directions of the state policy in the field of ensuring national security;  ensuring the coordinated functioning of all branches of state power in the field of protecting the national interests of the country;  publication of acts on national security;  the formation and leadership of the Security Council, the definition of its tasks and powers;  approval of the National Security Strategy of the Republic of Kazakhstan, as well as other strategic and policy documents in the field of national security; 140

 

 exercise of other powers in matters of ensuring national security in accordance with the Constitution and laws of the Republic of Kazakhstan. The Government of the Republic of Kazakhstan is responsible for:  introduction of draft laws into the Majilis of the Parliament of the Republic of Kazakhstan and enforcement of laws in the field of national security;  Development of the main directions of ensuring national security and organization of their implementation, including organization of the development and implementation of the National Security Strategy;  Management of the activities of ministries, other central and local executive bodies to ensure national security;  formation of lists: – strategic objects transferred to the authorized capital and (or) owned by national holdings and (or) national companies or their affiliates, as well as other legal entities with the participation of the state; – strategic objects owned by legal entities that are not affiliated with the state, as well as individuals;  formation under the Government of the Republic of Kazakhstan of a commission on strategic facilities;  decision-making on the issue of a permit or refusal to issue a permit for a civil transaction that could pose a threat to national security with a strategic object owned by individuals and legal entities on the basis of recommendations of the Commission for Strategic Facilities under the Government of the Republic of Kazakhstan;  exercise of other powers in matters of national security in accordance with the Constitution, laws and acts of the President of the Republic of Kazakhstan. Judicial bodies ensure the protection of the rights, freedoms and legitimate interests of citizens and organizations, the implementation of the Constitution, the Law on National Security and other normative legal acts, as well as international treaties of the Republic of Kazakhstan, the administration of justice in cases of crimes and offenses that infringe on the safety of man and citizen, society and the state (Article 14 of the National Security Law). 141

 

The forces through which security is provided in the Republic of Kazakhstan in accordance with Article 9 of the Law of the Republic of Kazakhstan of January 6, 2012 No. 527-IV "On National Security of the Republic of Kazakhstan" (as amended on July 11, 2017) include in themselves: special government agencies that carry out intelligence, counterintelligence activities, as well as a set of legal and organizational measures aimed at ensuring the security of protected individuals and objects; Armed Forces, other troops and military formations of the Republic of Kazakhstan, internal affairs bodies, anti-corruption service, state fire prevention agencies, the Economic Investigation Service and emergency rescue services. Ensuring national security is mandatory for all state bodies and state officials in accordance with the powers established by law. The national security forces and other state bodies interact with each other, implement joint measures to protect the national interests of the Republic of Kazakhstan and mutually inform each other on issues within their competence. State bodies of the Republic of Kazakhstan within the limits of their competence:  direct the activities of the subordinate organizations in planning and carrying out measures to ensure national security;  make suggestions for improving the national security system;  ensure compliance with laws and other regulatory legal acts in the field of national security;  in compliance with the legislation on the protection of state secrets, inform the population about the state of national security and the measures taken to ensure it, conduct propaganda and counterpropaganda activities;  involve officials, civil servants, whose actions (or inaction) lead to a violation of national interests, a threat to the national security of the Republic of Kazakhstan. Local representative and executive bodies of the regions (cities of national importance, the capital) within the limits of the competence established by the legislation of the Republic of Kazakhstan:  take measures and organize work to ensure national security in the relevant administrative-territorial units; 142

 

 ensure the safety of mobilization capacities and mobilization reserves (resources) established by the Government of the Republic of Kazakhstan.

The Security Council of the Republic of Kazakhstan The Parliament of the Republic of Kazakhstan (since May 31, 2018) is working on a draft law on the Security Council and an accompanying package of amendments to the current legislation. In the draft law, the Security Council is put on the first place in the hierarchy of state institutions. Strengthening the role of the Security Council, which becomes a constitutional body, is explained by the growth of various external threats, the need to neutralize and minimize domestic political risks, and strengthen internal political stability. Among the functions of the Security Council specified in the draft law, it should be noted that at meetings of the Council, among other things, decisions will be taken on the candidatures of the first leaders of central and local executive bodies, as well as structures directly accountable to the Head of State. Thus, the Security Council becomes the key decision-making center not only in the field of national security and defense capability, but also in matters of personnel policy at a high level. The Security Council will make critical strategic and operational decisions regarding the neutralization and minimization of external and internal threats. One of the key provisions of the bill is that the First President of the Republic of Kazakhstan will have the right to head the Security Council for life. This should be seen from the standpoint of strengthening the presidency in our country and the phenomenon of the First President, which once again underscores the increased role of the Security Council. The bill will determine the legal status, competence, organization of the activities of the Security Council. At present, the Security Council is a consultative and advisory body formed, in accordance with the Constitution of the Republic of Kazakhstan, by the President of the Republic of Kazakhstan, along with other advisory and advisory bodies, as well as the Assembly of the People of Kazakhstan and the Supreme Judicial Council. The current provision on the Security Council was approved by Presidential Decree No. 88 of March 20, 1999. 143

 

The main tasks of the Security Council, as stipulated in Article 2 of the draft law, are: 1) consideration of the main directions of the state policy in the field of ensuring national security and the country's defense capability; 2) statement of tasks, development of decisions and recommendations, coordination of activities of state bodies and organizations in the field of ensuring national security, defense capability of the country; 3) other tasks in accordance with the legislation of the Republic of Kazakhstan and decisions of the President of the Security Council. The functions of the Security Council are listed in 9 paragraphs of Article 3 – from coordinating the planning and implementation of activities in the sphere of ensuring national security and the country's defense capability before discussing candidacies for the positions of the first heads of central and local executive bodies of oblasts, a city of national importance and the capital. This also applies to the heads of state bodies directly subordinate and accountable to the President. The Security Council can perform other functions, in accordance with the legislation of the Republic of Kazakhstan and decisions of the President of the Security Council. An important function of the Security Council will be a comprehensive analysis of state programs, draft laws, important state-significant initiatives, and the development of the situation in the country and the world in relation to the national interests of the Republic of Kazakhstan. Also, the functions of the Security Council will include hearing of the Government's annual report on the results and main activities for the reporting period in the sphere of ensuring national security. The first President of the Republic of Kazakhstan has the right to head the Security Council for life. Members of the Council are: President; the chairman of the Senate; Chairman of the Majilis; Prime Minister; Secretary of State; Head of the Presidential Administration; Secretary of the Security Council; The Attorney General; chairman of the National Security Committee; Foreign Secretary; the Minister of Defense; Minister of Internal Affairs. In other articles of the bill, the powers of the chairman of the Security Council, its members, the secretary, and also the functions of the Security Council Staff are clearly spelled out. 144

Special state bodies carrying out intelligence, counterintelligence activities Special state bodies are directly subordinate and accountable to the President of the Republic of Kazakhstan state bodies that are an integral part of the national security forces of the Republic of Kazakhstan, carrying out intelligence and counterintelligence activities, as well as a set of legal, organizational, operative-search and technical measures aimed at ensuring the security of protected individuals and facilities, in order to prevent threats to the national security of the Republic of Kazakhstan. Special state bodies include the national security bodies, the authorized body in the sphere of foreign intelligence, the State Security Service of the President of the Republic of Kazakhstan. National security bodies of the Republic of Kazakhstan A part of the security forces of the Republic of Kazakhstan are the national security bodies of the Republic of Kazakhstan, which, within the limits of their powers, ensure the security of the individual and society, protect the constitutional order, state sovereignty, territorial integrity, economic, scientific, technical and defense potential of the country. National security bodies of the Republic of Kazakhstan (hereinafter referred to as national security bodies) are directly subordinate and accountable to the President of the Republic of Kazakhstan special state bodies. The legal basis for the activities of the national security bodies of the Republic of Kazakhstan is the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On National Security Bodies of the Republic of Kazakhstan" dated December 21, 1995 No. 2710, other regulatory legal acts of the Republic of Kazakhstan in part not contradicting and not regulated by the Law on Organs national security, international treaty and other obligations of the Republic of Kazakhstan, regulatory decisions of the Constitutional Council and the Supreme Court of the Republic of Cyprus Kazakhstan and the Regulations on the National Security Committee, approved 145

 

by the President of the Republic of Kazakhstan. The activities of the National Security Authorities are based on the principles of legality, unity of command, equality of all before the law, respect and observance of human and citizen rights and freedoms, regardless of the activities of political parties and other public associations. National security agencies are called upon to solve the following tasks:  participate in the development and implementation of state policy in the field of ensuring the security of the individual, society and the state;  to extract intelligence information in the interests of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On Foreign Intelligence";  carry out counterintelligence activities;  to identify, prevent and suppress terrorism and other activities aimed at violent change of the constitutional system, violation of integrity and undermining the security of the Republic of Kazakhstan;  coordinate activities in the field of countering terrorism and extremism in the Republic of Kazakhstan;  to identify, suppress, disclose and investigate criminal offenses attributed by law to the jurisdiction of the national security authorities;  To provide the President of the Republic of Kazakhstan, state bodies, the Armed Forces, other troops and military formations of the Republic of Kazakhstan with government communication in peacetime and wartime;  organize encryption work in authorized state bodies, military command, national security and internal affairs of the Republic of Kazakhstan;  provide protection and protection of the State border of the Republic of Kazakhstan;  provide physical protection of foreign missions of the Republic of Kazakhstan. National security bodies of the Republic of Kazakhstan represent the unified system, which includes the Committee of National Security of the Republic of Kazakhstan (hereinafter referred to as the Committee for National Security), its departments and other structural subdivisions, territorial bodies of the National Security 146

 

Committee by regions, the city of republican significance and the capital of the Republic and subordinate city and district administrations (departments, offices), as well as military counterintelligence services, the Border Guard Service of the National Security Committee, the special purpose unit educational institutions, research institutions and other organizations. Committee of National Security (KNB RK):  formed, abolished and reorganized by the President of the Republic and is not included in the system of central executive bodies of the Republic;  Manages the departments of the National Security Committee, forms, abolishes and reorganizes territorial and other national security bodies, as well as subordinate organizations in the manner determined by the legislation of the Republic of Kazakhstan, and directs them;  publishes normative legal acts within its powers and directly implements the main lines of activity of the national security authorities;  headed by the Chairman, who is appointed to the post by the President of the Republic with the consent of the Senate of the Parliament of the Republic; is released by the President of the Republic from office;  is a legal entity, it has a valid and conventional name, its symbols and insignia, relevant seals and stamps, accounts, fixed assets, socio-cultural and medical facilities, and training centers. The status and powers of the National Security Committee are determined by the Regulations on the National Security Committee, which is approved by the President of the Republic of Kazakhstan. Currently, the Regulations on the National Security Committee of the Republic of Kazakhstan, approved by the Decree of the President of the Republic of Kazakhstan "On approval of the Regulation on the National Security Committee of the Republic of Kazakhstan" dated April 1, 1996, No. 2922, are in force. According to it, the structure of the National Security Committee consists of the main departments, independent departments, services and departments that are formed by the Chairman of the Committee to solve the tasks assigned to the national security bodies and act on the 147

basis of the Regulations on the National Security Committee, as well as provisions on structural divisions. Heads of structural units bear personal responsibility for the organization of work in the relevant areas of operational and service activities of national security bodies. In order to ensure the coordination of the activities of the national security bodies, to consider the most important issues of operational activities and work with personnel, and to take coordinated decisions on them, the National Security Committee will form a panel consisting of the Chairman of the National Security Committee (chairman of the board), the first deputy and the vicechairmen positions), heads of operational structural divisions of the Committee and other officials. The members of the board are approved and dismissed from the duties of the members of the collegium by the President of the Republic on the recommendation of the Chairman of the Committee. The collegium's decision is announced by the order of the Chairman of the National Security Committee. In case of disagreement between the Chairman and members of the board, the Chairman takes his decision and reports on the disagreements that have arisen to the President of the Republic of Kazakhstan. The members of the collegium have the right to report their opinion to the President of the Republic. The tasks, powers and procedures of the collegium are regulated by the Regulations approved by the Chairman of the Committee. The main tasks of the national security agencies are:  participation in the development and implementation of state policy in the field of ensuring the security of the individual, society and the state;  obtaining intelligence information in the interests of the Republic of Kazakhstan;  Identifying, preventing and suppressing the intelligence and other activities aimed at inflicting damage to the security of the Republic of Kazakhstan on the activities of special services and organizations of foreign states, as well as individuals;  Identification, prevention and suppression of terrorism and other activities aimed at violent change of the constitutional system, violation of integrity and undermining the security of the Republic of Kazakhstan; 148

 

 Identification, suppression, disclosure and investigation of crimes attributed by law to the conduct of national security authorities;  Ensuring the President of the Republic of Kazakhstan, state bodies, the Armed Forces, other troops and military formations of the country with government communication in peacetime and wartime;  organization of cryptographic work in state bodies, organizations and military formations of the Republic of Kazakhstan;  ensuring the protection and protection of the state border of the Republic of Kazakhstan. To solve the tasks they face to ensure the security of the individual and society, to protect the constitutional order, state sovereignty, territorial integrity, economic, scientific, technical and defense potential of the country, the national security organs are endowed with the necessary powers – duties and rights. Their main responsibilities are: – informing the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan about threats to the security of the country; – realization of reconnaissance activity in the interests of the Republic of Kazakhstan; – counterintelligence work to identify, prevent, suppress intelligence and other activities aimed at inflicting damage to the security of the Republic of Kazakhstan on the activities of special services and organizations of foreign states, as well as individuals; – identification, prevention and suppression of terrorism and other activities aimed at violent change of the constitutional system, violation of integrity and undermining the security of the Republic of Kazakhstan; – Detection, suppression, disclosure and investigation of crimes attributed by law to the jurisdiction of the national security authorities; – assistance to state bodies in preventing and suppressing the activities of illegal paramilitary groups, political parties and trade unions of other states, parties on a religious basis in the territory of the Republic of Kazakhstan, as well as financing of political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations; 149

 

– development and implementation of measures for counterintelligence protection of information constituting state secrets in state bodies, military formations, units and organizations, as well as control over their activities in this area. Conducting a special audit of citizens of the Republic of Kazakhstan, executed (reregistered) for access to information that constitutes state and military secrets; participation in the development and implementation of measures to ensure the safety of defense complex facilities, nuclear energy, transport and communications, life support facilities of regions and other strategic facilities, the list of which is determined by the Government of the Republic of Kazakhstan; – carrying out measures to ensure the security of diplomatic missions and other state organizations of the Republic of Kazakhstan abroad; – Participation in accordance with the legislation of the Republic of Kazakhstan in resolving issues relating to admission to the citizenship of the Republic of Kazakhstan and withdrawal from the citizenship of the Republic of Kazakhstan, departure of citizens of the Republic of Kazakhstan abroad, entry into the territory of the Republic of Kazakhstan and departure of foreign citizens and stateless persons, also the regime of their stay on the territory of the Republic; – adoption in cooperation with other competent authorities of measures to ensure the security of representations of foreign states and international organizations on the territory of the Republic of Kazakhstan; – participation, at the direction of the President of the Republic of Kazakhstan jointly with other state bodies, in ensuring the security of heads of state, foreign governments and heads of international organizations for the period of their stay in the Republic of Kazakhstan, as well as important social and political events held in the country; – protection and protection of the state border of the Republic of Kazakhstan; – conducting information and analytical work to implement the tasks assigned to the national security bodies; 150

 

– detection of radio emission of transmitting radio electronic means, whose work is a threat to the security of the Republic of Kazakhstan; – organizing encryption and decryption work, exploitation, development of government and other systems of special types of communication, ensuring their safety; – the implementation of measures to ensure their own security, including the prevention of technical infiltration to the information of the national security bodies that constitute state secrets; – ensuring the mobilization readiness of the national security agencies; – training of personnel for the national security bodies, their retraining and advanced training; – Conducting a mandatory special audit of citizens of the Republic of Kazakhstan who enter and are on public service, within the limits and in the order established by the legislation of the Republic of Kazakhstan; – execution of written requests of the prosecutor related to the exercise of supervisory functions. The bodies of national security have the right to carry out the duties assigned to them: – carry out general and special operational-search measures, forensic research, to attract citizens of the Republic of Kazakhstan on a voluntary basis to work as freelancers for the purpose of identifying, preventing, suppressing and uncovering crimes whose investigation is attributed by law to the jurisdiction of the national security authorities; – to penetrate into special services and organizations of foreign states, criminal groups whose goals and actions are aimed at undermining the security of the state, violating the integrity of the Republic of Kazakhstan, forcibly changing the constitutional system; – to solve together with the competent state bodies questions on the closure of entry and expulsion from the Republic of Kazakhstan of foreign citizens and stateless persons who by their actions create a threat or damage to the security of society and the state; – in case of detection, suppression, disclosure and investigation of crimes attributed by law to the jurisdiction of the national security 151

 

bodies, to issue binding orders to other bodies within the limits provided for by the criminal procedural legislation; – Call citizens of the national security on materials in production, receive explanations, references, documents from them and remove copies from them; to expose the persons evading call appearance on the call; – in accordance with the legislation, to verify from citizens with reasonable suspicion of the commission of crimes documents proving their identity. To carry out the arrest of persons suspected of committing crimes, to check documents, to conduct personal searches of detainees and their vehicles, as well as to seize objects and documents that are in their possession; – carry out administrative detention of persons who committed offenses related to attempts to penetrate and penetrate specially protected areas of special regime and other objects illegally staying in the border zone. To check documents proving their identity, receive explanations from them, carry out their personal search, search and seizure of things and documents; – use means of communication, vehicles belonging to organizations, military formations and units to prevent crimes, prosecute and detain persons who committed or are suspected of committing crimes, bringing detained persons to their place of detention, as well as for travel to the scene and delivery of those in need in urgent medical care of citizens in medical institutions. At the request of the owners, the national security authorities shall reimburse the actual damage caused by the legislation of the Republic of Kazakhstan as a result of this; – unhindered to enter premises and premises of organizations, military formations and units, residential and other premises belonging to citizens, to their land plots in order to suppress crimes, prosecute persons suspected of committing them, if delay can jeopardize the life and health of citizens , to damage the security of the country. On cases of forced entry into residential and other premises belonging to citizens, the national security authorities notify the prosecutor within twenty-four hours; – to have investigative isolators for the maintenance of persons in accordance with the procedure established by the legislation of the 152

 

Republic of Kazakhstan, in relation to whom, as a measure of restraint, detention in custody or detained by the national security authorities on suspicion of committing criminal offenses was elected. In some cases, in consultation with the national security authorities, detained and arrested by law enforcement agencies and courts, as well as convicts; – exercise control, provide methodological and practical assistance in ensuring the security of state secrets, commercial, banking and other secrets protected by law, security of special types of communication and encryption work in state bodies, military formations, units and organizations; – to submit to the state bodies, military formations, units and organizations binding representations on the elimination of the reasons and conditions that facilitate the implementation of security threats of the Republic of Kazakhstan, the commission of crimes whose investigation is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of the national security authorities; – suppress the use on the territory of the Republic of Kazakhstan of transmitting radio electronic means used in violation of the established rules or the legislation of the Republic of Kazakhstan on the protection of state secrets; – receive information, free of charge and in accordance with the requirements set forth in the legislative acts of the Republic of Kazakhstan, for disclosure of information constituting commercial, banking and other secrets protected by law from state bodies, military formations, units and organizations, necessary to carry out tasks assigned to the national security authorities; – inform local representative and executive bodies on issues within the competence of the national security authorities; – carry out the storage and use of archival operational, investigative and other materials related to the activities of the national security authorities; Use documents of other state bodies and organizations for the purpose of encrypting the identity of servicemen of the national security agencies, departmental affiliation of their units, premises and vehicles; 153

 

– create, in the order established by the legislation of the Republic of Kazakhstan, the organizations and units necessary to fulfill the duties assigned to the national security bodies and to ensure the activities of these bodies; – Develop, create, acquire and use means of special communication, armament and equipment, including special technical and other means. To conclude contracts for this purpose, contracts with state bodies and organizations of the Republic of Kazakhstan, special services and firms of foreign states; – conduct scientific research on the problems of ensuring the security of the Republic of Kazakhstan. Develop and create automated information and analytical systems and systems of special types of communication; – carry out, on a contractual basis, training of personnel for state bodies of the Republic of Kazakhstan and special services of foreign states; Supervision over the execution of laws by the national security authorities is entrusted to the Prosecutor General of the Republic of Kazakhstan and prosecutors authorized by him. The subject of prosecutor's supervision does not include information on persons who provide or assist the national security authorities on a confidential basis, as well as on the organization, tactics, methods and means of carrying out the activities of the national security authorities. Foreign Intelligence Bodies of the Republic of Kazakhstan A part of the national security forces of the Republic of Kazakhstan is the external intelligence of the Republic of Kazakhstan, which is a set of specially created bodies – foreign intelligence agencies of the Republic of Kazakhstan. The status, the foundations of the organization and functioning of the foreign intelligence of the Republic of Kazakhstan, the order of control and supervision over its activities are determined by the Law of the Republic of Kazakhstan "On Foreign Intelligence" of May 22, 2010 No. 277-IV. Intelligence activity is carried out by foreign intelligence agencies through: obtaining and processing information on the real and 154

 

potential opportunities, actions, plans, and intentions of foreign states, organizations and individuals affecting the vital interests of the Republic of Kazakhstan; assistance in implementing measures implemented by the state in the interests of ensuring the national security of the Republic. Intelligence activity is conducted on the basis of the principles of legality, observance of rights and freedoms of man and citizen, unity of command, combination of public and private methods and means. The bodies of external intelligence carry out intelligence activities in order to: – provision of the President and Government of the Republic of Kazakhstan intelligence information necessary for decision-making in the political, economic, military, scientific, technical and ecological fields; – ensuring conditions conducive to the successful implementation of the policy of the Republic of Kazakhstan in the sphere of national security; – assistance to economic development and scientific and technical progress of the country and military and technical security of the Republic of Kazakhstan. The following tasks of reconnaissance activity are defined by the law: • providing the President of the Republic of Kazakhstan, the Government and state bodies of the Republic of Kazakhstan with intelligence information and analytical assessments necessary for making decisions in the political, financial, economic, military, political, scientific, technical, humanitarian, environmental and other areas affecting the national interests of the Republic of Kazakhstan; • Participation in the development and implementation of the state policy in the field of national security of the Republic of Kazakhstan; • assistance to economic development and scientific and technical progress of the country and military-technical security of the Republic of Kazakhstan; • obtaining intelligence information and implementing measures aimed at preventing real and potential damage to the national interests and security of the Republic of Kazakhstan by special 155

services and organizations of foreign states, terrorist and extremist organizations, criminal organizations (criminal organizations), and individuals; • other tasks determined by the laws and acts of the President of the Republic of Kazakhstan. Intelligence is forbidden to carry out to achieve anti-humane goals and targets not provided for in the Foreign Intelligence Act. To carry out the tasks of reconnaissance, foreign intelligence bodies have the appropriate competence. The competence of the subjects of external intelligence include: • the acquisition, accumulation, analysis, systematization and synthesis of intelligence information, the preparation on its basis of proposals, assessments and forecasts; • carrying out reconnaissance activities in the territory of the Republic of Kazakhstan and beyond its borders; • establishing, on a gratuitous or paid basis, an implicit cooperation with persons who have agreed to provide confidential assistance; • Implementation of measures to encrypt servicemen and civilian personnel of foreign intelligence entities, organize their activities, including using other departmental equipment for this purpose; • Implementation of measures to encrypt individuals providing confidential assistance to foreign intelligence entities, departmental affiliation of units, organizations, premises and vehicles of foreign intelligence entities; • Obtaining information necessary for solving intelligence tasks from state bodies and organizations, regardless of the form of ownership; • ensuring the security of the subjects of external intelligence by protecting their forces, assets and information from unlawful acts and threats; • ensuring their own security in accordance with the legislation of the Republic of Kazakhstan; • implementation of radio and electronic reconnaissance; • within the limits of their powers, participate in ensuring the security of foreign missions of the Republic of Kazakhstan and their personnel; 156

 

• ensuring the protection of state secrets in the overseas institutions of the Republic of Kazakhstan; • use of its own secure communication system; • use of information systems and information resources of state bodies and organizations regardless of the form of ownership in accordance with the laws of the Republic of Kazakhstan, as well as information systems of foreign countries and international organizations on the basis of international treaties of the Republic of Kazakhstan; • implementation of general and special operational-search measures; • Execution of other authorities determined by laws and acts of the President of the Republic of Kazakhstan. The carrying out of reconnaissance activity is entrusted within the limits of the powers granted to it to: the Foreign Intelligence Service of the Republic of Kazakhstan "Syrbar", the KNB of the Republic of Kazakhstan, the intelligence agencies of the Ministry of Defense of the Republic. The Foreign Intelligence Service of the Republic of Kazakhstan "Syrbar" was established by the Decree of the President of the Republic of Kazakhstan "On Measures to Strengthen National Security of the Republic of Kazakhstan and Further Improve Intelligence" dated February 17, 2009 under No. 739 as a state body directly subordinate and accountable to the President of the Republic of Kazakhstan, functions of the authorized body in the field of foreign intelligence. This Decree abolished the "Barlau" service of the Committee of National Security of the Republic of Kazakhstan, which previously engaged in intelligence activities. This decision was made by the Head of State in order to implement the National Security Strategy for 2007–2012, strengthen national security and optimize the structure of special services of Kazakhstan. The Foreign Intelligence Service of the Republic of Kazakhstan "Syrbar" (hereinafter referred to as the "Syrbar" Service) in accordance with the Regulation approved by the Decree of the President of the Republic of Kazakhstan "On Certain Issues of the Foreign Intelligence Service of the Republic of Kazakhstan" Syrbar "dated March 26, 2009 under No. 733, who is appointed and dismissed by the President of 157

 

the Republic of Kazakhstan. The Director of the Service "Syrbar" has four deputies, including one of the first. Deputy Directors are appointed and dismissed by the President of the Republic of Kazakhstan on the proposal of the Director of the Service "Syrbar". The list of posts of the "Syrbar" Service, replaced by senior officers and superiors, is approved by the President of the Republic of Kazakhstan. To ensure the coordination of the activities of the "Syrbar" Service, to develop measures to increase its effectiveness, to consider the most important issues of operational and personnel activities, and to take coordinated decisions on them in the "Syrbar" Service, a board is formed. The composition of the panel is determined by the Director of the Service "Syrbar". Decisions of the board are announced by the order of the Director of the Service "Syrbar". The tasks, powers and procedures of the collegium are regulated by the Regulations approved by the Director of the "Syrbar" Service. In the process of intelligence activity, the foreign intelligence agencies of the Republic of Kazakhstan use public and private methods and means, the special nature of which is determined by the conditions of this activity. General management of the foreign intelligence agencies of the Republic of Kazakhstan (including control and coordination of their activities) is entrusted to the President of the Republic of Kazakhstan. The supervision over the execution of laws by the foreign intelligence agencies of the Republic of Kazakhstan is carried out by the Prosecutor General of the Republic of Kazakhstan and prosecutors authorized by him. State Security Service of the President of the Republic of Kazakhstan The special state bodies, as already noted, include the State Security Service of the President of the Republic of Kazakhstan28. In accordance with the Law of the Republic of Kazakhstan on October                                                             

28 By the Decree of the President of the Republic of Kazakhstan of April 21, 2014 No. 807, the Security Service of the President of the Republic of Kazakhstan and The Republican Guard of the Republic of Kazakhstan was reorganized by merging into the State Security ServiceRepublic of Kazakhstan as a state body directly subordinate and accountable to the President of the Republic of Kazakhstan. 

158

 

3, 1995 No. 2483 "On the State Security Service of the Republic of Kazakhstan," the objects of state protection whose security is entrusted to this Service are the President of the Republic of Kazakhstan, the Chairman of the Senate of the Parliament of the Republic of Kazakhstan, the Chairman of the Majilis of the Parliament of the Republic of Kazakhstan, – Minister of the Republic of Kazakhstan, spouse of the President of the Republic and other members of the family living together with the President, First President of the Republic of Kazakhstan – the Leader of the Nation and members of the family of the First President of the Republic of Kazakhstan – the Leader of the Nation, residing together with him or his attendants, the ex-President of the Republic of Kazakhstan, officials of the Republic of Kazakhstan, whose list is approved by the President of the Republic of Kazakhstan, heads of foreign states, parliaments and governments in the period their stay on the territory of the Republic of Kazakhstan, the security of which is provided in accordance with international treaties of the Republic of Kazakhstan, the heads of international organizations and other persons of foreign states during their stay on the territory of the Republic of Kazakhstan, the security of which is ensured on the basis of orders of the President of the Republic of Kazakhstan or on his behalf – the Head of the Administration of the President of the Republic of Kazakhstan. The State Security Service of the President is entitled to attract the forces and means of the Ministry of Internal Affairs, the National Security Committee, the Republican Guard and other specialized military units of the Republic of Kazakhstan, as well as other state bodies for security activities. The State Security Service of the President of the Republic of Kazakhstan implements the following functions: – ensuring the security of the President of the Republic of Kazakhstan in the places of his permanent and temporary stay, including on the routes; – forecasting and timely detection of threats to the security of the President of the Republic of Kazakhstan, implementation of measures for their prevention and neutralization; – implementation of state protection of family members of the President of the Republic of Kazakhstan; 159

 

– identification, prevention and suppression of unlawful actions at facilities, the list of which is approved by the President of the Republic of Kazakhstan; – Coordination of the activities of state bodies within their competence; – information and analytical support of its activities. In accordance with these functions, the following tasks are assigned to the State Security Service of the President of the Republic of Kazakhstan: – ensuring the personal safety of protected persons; – detection, prevention and suppression of crimes and administrative offenses directed against life, health, rights, freedoms, dignity of the person and property of protected persons; – protection of property, maintenance of public order and security at protected sites and other places of stay of protected persons; – the implementation within its powers of countering terrorism; – forecasting and revealing of threats to protected persons and objects, implementation of a complex of operative measures for their prevention and neutralization. In accordance with the Law, the State Security Service of the President of the Republic of Kazakhstan is obliged: • prevent and suppress crimes and administrative violations that encroach on the life, health, rights, freedoms, personal dignity and property of protected persons; to identify the circumstances that contribute to their possible commission, and within their rights to take measures to eliminate them; • to provide assistance to protected persons who have suffered from crimes, administrative offenses and accidents, as well as to those who are helpless or otherwise, which are dangerous to their health and life; • accept applications, messages and other incoming information about crimes being prepared, administrative offenses and events threatening the personal safety of protected persons or public safety at protected sites and other places of their stay; timely take measures provided by law; • assist law enforcement agencies in identifying and searching for persons who have committed crimes against life, health, rights, freedoms, personal dignity and property of protected persons; 160

 

• ensure public order and security at protected sites and other places where protected persons are staying; • ensure the safety of the movement of protected persons on all modes of transport, observe and monitor compliance with established rules, regulations and standards in force in the field of traffic safety for motor vehicles and other vehicles allocated for the movement of protected persons; • take urgent measures for rescuing protected persons and providing them with first aid in case of accidents, catastrophes, fires, natural disasters and other emergency situations, as well as protecting personal property of protected persons and other property subject to protection and left unattended; to participate in accordance with the law in ensuring the legal regime of an emergency or martial law with respect to protected persons in case of their introduction on the territory of the Republic of Kazakhstan or in certain localities, as well as in carrying out quarantine measures with respect to protected persons during epidemics and epizootics; • ensure the security of communications systems of the President of the Republic of Kazakhstan in order to prevent information isolation of the Head of State; • reimburse in due course to citizens, enterprises, organizations and institutions the damage caused in connection with the use for their official purposes of their communication, transportation and premises. The state protection service of the President of the Republic of Kazakhstan for the performance of the duties assigned to it is granted the right: – to carry out personal inspection of citizens (except for protected persons) at the entrance (entrance) to the protected objects and upon exit (departure) of them, inspection of the things they have, inspection of vehicles and things carried on them, including using technical means ; – to take photographs, sound recordings, film and video of facts and events during security activities; – make proposals and (or) prescriptions to eliminate circumstances that contribute to the commission of offenses that encroach on life, health, rights, freedoms, personal dignity and property of protected persons; 161

 

– to check and admit physical and legal persons to work on protection and maintenance of protected persons and objects; – with the participation in the antiterrorist operation and in ensuring the legal regime of the antiterrorist operation, to apply the measures and time restrictions provided for by the Law of the Republic of Kazakhstan "On Counteracting Terrorism"; – use on a contractual basis the premises of organizations, military formations, as well as residential and other premises of citizens, their vehicles, communications and other property; – request, in accordance with the established procedure and receive from the state bodies, organizations, regardless of the form of ownership, and military formations, the information necessary for the performance of the tasks assigned; – to carry out sanitary, hygienic, ecological, radiation and antiepidemic control in buildings, structures, structures and adjacent territories under the jurisdiction of state bodies, as well as in protected objects; – ensure their own safety; – allow the staff of the Presidential Security Service who has received special training, storage, carrying of service weapons and special means; – to send employees outside the Republic for the organization and conduct of protective measures; – to carry out, on a contractual basis, the training and professional development of personnel in educational institutions and research institutions under the jurisdiction of the Ministry of Defense, the Ministry of Internal Affairs, the National Security Committee of the Republic of Kazakhstan, as well as in educational institutions of other states, including special ones; – ensure the operation and maintenance of objects on the balance sheet, organize sanitary, hygienic, ecological and anti-epidemic control; – to encourage citizens for their services in ensuring the security of protected individuals, to present them in the order established by law to state awards of the Republic of Kazakhstan; – to attract citizens of the Republic of Kazakhstan on a voluntary basis as non-staff operatives of the State Security Service of the President of the Republic of Kazakhstan; 162

 

In dealing with security issues for protected individuals, the State Security Service of the President of the Republic of Kazakhstan is the organizing and coordinating body. The leadership of the State Security Service of the President of the Republic of Kazakhstan shall be exercised by the Chief of the State Security Service of the President of the Republic of Kazakhstan, appointed to a position dismissed and / or dismissed from military service by the President of the Republic of Kazakhstan. The structure and staffing of the State Security Service of the President of the Republic of Kazakhstan shall be approved by the President of the Republic upon presentation by the Chief of the State Security Service of the President of the Republic of Kazakhstan. Status of special state bodies of the Republic of Kazakhstan The Law of the Republic of Kazakhstan of February 13, 2012 No. 552-IV "On special state bodies of the Republic of Kazakhstan" defines the status of special state bodies of the Republic of Kazakhstan. The law regulates social relations related to admission to service in special state bodies, its passage and termination, as well as determines the legal status, material security and social protection of employees of special state bodies. Acquisition of special state bodies of the Republic of Kazakhstan is carried out by servicemen and civilian personnel from among the citizens of the Republic of Kazakhstan. Servicemen of special state bodies of the Republic of Kazakhstan, as well as persons appointed to the relevant posts, are employees of special state bodies. Servicemen of special state bodies serve in accordance with the legislation of the Republic of Kazakhstan on military service. Employees of a special state body (hereinafter referred to as employees) are citizens of the Republic of Kazakhstan who are employed by the national security agencies, an authorized body in the sphere of foreign intelligence, and the State Security Service of the President of the Republic of Kazakhstan, which is given a special rank. Employees of a special state body in the performance of their official duties are representatives of the authorities and are under the 163

protection of the state, they are prohibited from recruiting to perform functions not related to official duties. No one has the right to interfere in the activities of employees, except for persons directly authorized by laws of the Republic of Kazakhstan. Unlawful interference in the activities of employees entails responsibility established by the laws of the Republic of Kazakhstan. Upon receipt of an order or instruction contrary to the laws of the Republic of Kazakhstan, an employee shall be guided only by the laws of the Republic of Kazakhstan. Leaders are prohibited from giving orders and orders that are not related to the performance of duties of the service or aimed at violating the legislation of the Republic of Kazakhstan. Orders are given solely in writing, except in cases of military operations, performance of tasks in emergency situations, as well as conducting operational search activities. Legal requirements of employees are mandatory for execution by citizens and officials. No one, except for direct and immediate superiors, has the right to interfere in their official activities. In their official activities, they can not be bound by decisions of political parties and other public associations. They are prohibited from engaging in business activities or assisting individuals or legal entities in carrying out such activities. Employees of a special state body are permitted to use firearms in the manner and conditions specified by law. The law "On special state bodies in the RoK" obliges future employees of the National Security Committee (NSC), external intelligence "Syrbar" and the Presidential Security Service (SOP) to undergo a psychiatric examination and a lie detector test. Also, the norms of the law oblige employees of special bodies of the National Security Committee, "Syrbar" and SSPO to file a tax return not only on their payments and taxes to the spouse, but also on the payments of all adult members of the family. Recommended legal sources 1. Law of the Republic of Kazakhstan dated January 6, 2012 No. 527-IV "On National Security of the Republic of Kazakhstan". 2. Law of the Republic of Kazakhstan of December 21, 1995 No. 2710 "On National Security Bodies of the Republic of Kazakhstan" // Vedomosti of the Supreme Council of the Republic of Kazakhstan. – 1995. – № 24. – Art. 157.

164

3. Decree of the President of the Republic of Kazakhstan of March 20, 1999, No.88 "On the Security Council of the Republic of Kazakhstan" / / SAPP of the Republic of Kazakhstan. – 2002 – No. 32. – Art. 339; 2003. – No. 40. Art. 417; 2006. – №23. – Art. 229; 2008. – №20. – Art. 182; 2009. – No. 3–4. – Сст. 7; 2010. – No. 2. – Art. 12; No. 37. – Art. 309; No. 51. – Art. 466. 4. Law of the Republic of Kazakhstan dated May 22, 2010 No. 277–IV "On Foreign Intelligence" // "Kazakhstanskaya Pravda" dated May 29, 2010, No. 134 (26195); "Egemen Kazakhstan" 2010. – on May, 29th. – No. 210-211 (26057); "Official Gazette" of 11.06.2010 – № 24 (494); САПП of the Republic of Kazakhstan, 2010 – №10 (2563). – Art. 46; 5. Decree No. 773 of the President of the Republic of Kazakhstan of March 26, 2009 "On some issues of the Foreign Intelligence Service of the Republic of Kazakhstan "Syrbar"; 6. Law of the Republic of Kazakhstan dated October 3, 1995 No. 2483 "On the Security Service of the President of the Republic of Kazakhstan" // Vedomosti of the Supreme Council of the Republic of Kazakhstan, 1995, No. 19, art. 118; 7. Law of the Republic of Kazakhstan of February 13, 2012 No. 552-IV "On special state bodies of the Republic of Kazakhstan". 8. Decree of the President of the Republic of Kazakhstan of May 7, 2012, No. 319 "On approval of the text of the oath of an employee of a special state body of the Republic of Kazakhstan and the Rules for its delivery" // Kazakhstan's truth, 2012, May 11. Questions for self-control 1. Specify the principles and functions for ensuring the security of the Republic of Kazakhstan. 2. Expand the content of the concept of security threats. 3. What are the main powers of the Head of State and the Government of the Republic of Kazakhstan in the national security system? 4. What innovations are laid in the draft law on the Security Council of the Republic of Kazakhstan? 4. Outline the goals, tasks, structure and powers of the Committee of National Security of the Republic of Kazakhstan (KNB RK). 5. Outline the goals, objectives, structure and authority of the Foreign Intelligence Service of the Republic of Kazakhstan "Syrbar". 6. Outline the goals, objectives, structure and powers of the State Security Service of the President of the Republic of Kazakhstan. 7. What powers are granted to employees of special state bodies of the Republic of Kazakhstan? 8. What are the main duties and rights of employees of special state bodies of the Republic of Kazakhstan? 

165

Lectures 12. Legal assistance and its organization Main issues (provisions) and summary A concept of notary In the Republic of Kazakhstan, the notary provides the constitutional right of citizens to receive qualified legal assistance (Article 13 of the Constitution of the Republic of Kazakhstan), warns legal disputes, leads legal relations in a reliable, peaceful channel. Acts of a notary are drawn up according to a prescribed procedure, in strict form and must strictly comply with the law, which ensures the authenticity and the standard legality of transactions. The notary in the Republic of Kazakhstan is a legal institution providing qualified legal assistance, ensuring the protection of the rights and legitimate interests of individuals and legal entities by performing notarial acts. Acts on the basis of the Law of the Republic of Kazakhstan "On Notary" (14.07.1997). Functions of the notary are: 1) certification of undisputed rights and facts; 2) witnessing documents and extracts from these documents; 3) giving executive authority documents; 4) protection of inheritance property; 5) registration of inheritance; 6) acceptance of documents for storage. Along with state notary offices, there are notaries in the Republic of Kazakhstan engaged in private notarial practice. The competence of notaries public notary offices and engaged in private practice is almost the same. Differences: a private notary bears personal property responsibility by a court decision in case of damage caused by notarial acts committed by violations of the law. Property liability for notarial acts of a notary public is borne by the territorial body of justice. In addition, the Constitutional Council of the Republic of Kazakhstan in its supplementary resolution of July 6, 2006 No. 3 "On the interpretation of the resolution of the Constitutional Council of the Republic of Kazakhstan of January 31, 2005, No. 1" On the verification of constitutionality of paragraph 3 of Article 15 of the Law of the Republic of Kazakhstan "On Notary" appeal of the court of the city of Astana "established that the notary is not completely a public law institution. 166

 

The notary's activities are public-legal and private-legal in nature, pointing out that only notaries who are on public service (state notaries), officials of state bodies authorized by the law to perform notarial acts are entitled to act on behalf of the state. Private notaries do not have the right to speak on behalf of the state. This explanation also specifies the distinctive features of these varieties of notarial activity subjects29. A notary public is an administrative civil servant who holds a position in accordance with the procedure established by the legislation of the Republic of Kazakhstan on public service. Notarial activity is closely connected with the judicial power, but the notary only consolidates civil rights, which were defended in court. A citizen of the Republic of Kazakhstan who has reached the age of 25 years, having education in Law, an experience of work in the legal profession for at least 2 years, an internship of at least 1 year, who has passed attestation in the attestation commission of justice, may be appointed to the post of notary. License for the right to engage in notarial activities is issued by the Ministry of Justice. The notary has the right to draft transactions and other documents. He can demand information from citizens and organizations confirming any facts. A notary must keep secret the information that he has become aware of in the course of his professional activities. A notary has the right to have an assistant and an intern. The duty to observe the secrecy of notarial acts extends to trainees and assistants to notaries. Notaries are united in the territorial notarial chambers, which are united in the Republican notary chamber. Notary Organization Notarial acts in Kazakhstan are mostly performed by notaries engaged in private practice. The first licenses for the right to engage in notarial activities were issued on April 25, 1998. In 1998-1999 for the regulation and coordination of private notaries in the regions of the republic, new bodies of government                                                             

29 Additional Decision of the Constitutional Council of the Republic of Kazakhstan of July 6, 2006 No. 3 "On Interpretation of the Resolution of the Constitutional Council of the Republic of Kazakhstan of January 31, 2005, No. 1" On Verification of the Constitutionality of Paragraph 3 of Article 15 of the Law of the Republic of Kazakhstan "On Notary" on request of Astana city court ".



167

 

were formed – territorial notary chambers. On February 18, 2000, the first Constituent Assembly of representatives of the territorial notary chambers was held, following which the Republican Notary Chamber was established. The Notary Chamber is a non-profit organization representing a professional association based on the mandatory membership of notaries engaged in private practice. The Chamber of Notaries is a legal entity and organizes its work on the principles of self-government. Notarial activity in the Republic of Kazakhstan is based on the principles of legality, independence, secrecy of notarial acts. Notary activity is not entrepreneurial activity. Notary chambers are obligatory members of the Republican Notary Chamber. The Republican Notary Chamber unites all notarial chambers, and hence all notaries involved in private practice in the territory of the Republic of Kazakhstan. Control over the activity of notaries Control over the activities of notaries is exercised by the court, considering, in the course of civil proceedings, a dispute over a right based on the performance of a notarial act, a complaint about the commission of a notarial act or a refusal thereof. Courts also consider claims for damages to notaries involved in private practice. Control over the performance of professional duties of a notary working in a state notary's office is exercised by the bodies of justice, and notaries who carry out private practice are notary chambers. Control over the legality of notarial acts performed and compliance with the rules of record keeping by a notary engaged in private practice is exercised by the territorial body of justice and the notary chamber. Control over compliance with tax legislation by notaries and officials of the Akims' offices of cities of regional significance, settlements, auls (villages), aul (rural) districts is entrusted to the tax authorities of the Republic of Kazakhstan. The Law of 26 December 2011 "On Amendments and Additions to the Law of the Republic of Kazakhstan" On Notary "is aimed at improving the procedure for admission to notarial activities by abolishing the provision on the personnel reserve and holding a 168

 

competition for filling the vacant post of notary. The competence of the justice bodies excludes the authority to approve the number of notaries for each notary district, the formation of the reserve of persons who have received a license to engage in notarial activities and conduct a competitive selection to fill the vacant post of a private notary. The organization of notarial activities is regulated, including the establishment of requirements for the premises of notary offices. Corruptive factors are eliminated in the process of attestation of persons applying for a notary's license, contests for persons claiming a notary seat, and determining the territory of their activities. The law provides a quotation for the activities of notaries. Other officials who carry out notarial activities In settlements where there are no state notary's offices or notaries engaged in private practice, notarial actions are carried out by officials of Akims' offices of cities of regional significance, settlements, auls (villages), aul (rural) districts. In accordance with Article 35 of the Law of the Republic of Kazakhstan "On Notary", the official of the Akim's office of the city of district significance, village, aul (rural) district, authorized to perform notarial actions in the absence of a notary in the settlement, performs the following notarial acts: certifies wills; certifies powers of attorney; evidence of the fidelity of copies of documents and the correctness of extracts from them; the authenticity of the signature on the statements. Legislative acts of the Republic of Kazakhstan may provide for other notarial acts committed by officials of the local executive body. In order to obtain the right to perform notarial actions, the official of the Akim's apparatus of the city of district significance, village, village (village), aul (rural) district passes certification in the territorial justice authority in accordance with the Regulations on Attestation approved by the Ministry of Justice of the Republic of Kazakhstan. Attestation of officials is carried out by the territorial certification commission, the personal composition of which is approved by the order of the chief of the Department of Justice. In accordance with this Regulation, attestation is conducted every two years. 169

 

Outside of the country, notarial acts are carried out by persons performing consular functions on behalf of the Republic of Kazakhstan for Kazakhstani citizens. Recommended legal sources 1. Law of the Republic of Kazakhstan of July 14, 1997, No.155 "On Notary" // Vedomosti of the Parliament of the Republic of Kazakhstan. – 1997. – № 13–14, Art. 206. 2. Law of the Republic of Kazakhstan of December 26, 2011, No. 516-IV ZRK "On Amendments and Additions to the Law of the Republic of Kazakhstan" On Notary ". Questions for self–control on notary 1. What is the essence of notarial actions? 2. How are notarial chambers formed? 3. Specify the requirements for the candidacy of a notary. 4. What is the difference between a public notary and a private notary? 5. How are the notaries supervised? 6. What has the Law of RK of December 26, 2011 on the introduction of changes and additions to the Law of the Republic of Kazakhstan "On notary" into the notarial activity introduced new?

The concept and objectives of the Bar Association Advocacy is a public, self-governing organization created to provide legal assistance to citizens and organizations. It is not a law enforcement agency. Acts on the basis of the law on advocacy (05.12.1997). It is designed to provide legal assistance to legal entities and citizens. Organization of lawyers: 1. Lawyer's office (one lawyer). 2. Bar Association (2 or more lawyers). 3. Legal advice (regional association of lawyers – structural subdivision of the bar). Functions of the lawyer: 1. Provides advice and information on legal issues, either verbally or in writing. 2. Draw up applications, complaints and motions of a legal nature, as well as requests to the notary to issue information on notarial acts. 3. Represents interests of trustees in legal proceedings. 4. Participates as a representative in a civil and administrative court. 5. Participates as a defense counsel in criminal proceedings. 6. Participates as a representative in arbitration and international courts. 7. Represents interests of trustees in public authorities. 8. Participates in the enforcement proceedings and in the enforcement of criminal penalties. An advocate's secret is any 170

 

information related to the provision of legal assistance. A lawyer is a citizen of the Republic of Kazakhstan who has a higher legal education and has obtained a license to practice as a lawyer, who is necessarily a member of the bar association and who provides legal assistance on a professional basis within the framework of advocacy. The bar is an independent organization. The Bar Association organizes the activities of defense lawyers in criminal cases, cases of administrative offenses, as well as representation in criminal and civil cases and cases of administrative violations, as well as other types of legal assistance to protect and facilitate the exercise of rights, freedoms and legitimate interests citizens, as well as the rights and legal interests of legal entities. Legal assistance provided by lawyers in the framework of their legal practice is not an entrepreneurial activity. The organization and activities of the Bar are based on the following principles: – independence of lawyers in the conduct of their activities; – the implementation of advocacy by methods and means not prohibited by law; – Inadmissibility of interference in the activities of lawyers from the prosecutor's office, courts, bodies of inquiry and preliminary investigation, other state bodies, other organizations and officials, except for cases directly provided for by legislative acts; – compliance with the norms of professional conduct and the preservation of legal secrets. Organization of advocacy At present, the main organizational unit of persons engaged in advocacy is the bar association. The Bar Association is a non-profit, independent, professional, self-governed and self-financed organization of lawyers created to provide qualified legal assistance to individuals and legal entities for the expression and protection of the rights and legitimate interests of lawyers, performing other functions stipulated by the Law of the Republic of Kazakhstan of December 5, 1997 No. 195-I "On advocacy". The Bar Association is created by persons who have the right to engage in advocacy. The organization and the procedure for the 171

 

activity of the college are determined by its charter, adopted at the general meeting (conference) of the members of the college. The bodies of the Bar Association are the general meeting, the presidium, and the audit commission. Organizational parts of the bar are legal advice, lawyer offices. For the organization of work to provide legal assistance, the Presidium of the Bar Association creates legal advice. The location of the legal consultation is determined by the Presidium of the Bar Association. Legal advice is a structural unit (branch) of the bar association. It has a stamp and an angular stamp with the designation of its name and affiliation to the relevant bar association, other attributes needed to organize the provision of legal assistance. Legal advice operates on the basis of the Regulations adopted by the general meeting (conference) of the Bar Association. The legal advice is supervised by the head appointed by the Presidium of the Bar Association. An advocate's office is created by a member (members) of the bar association. An advocate's office is established (created) in order to provide material, organizational, legal and other conditions for the provision of legal assistance by lawyers. An advocate is a non-profit organization in the form of an institution. An advocate can act as the founder (co-founder) of only one law firm. An advocate's office, established by one lawyer, carries out its activities on the basis of the Charter. When establishing an advocate's office by several lawyers, a constituent document may also be a Memorandum of Association. An advocate who has decided to carry out professional activities individually, notifies the Bar of this. The notification shall include the surname, name, patronymic of the lawyer, his permanent location. An advocate who carries out professional activities individually without the formation of a legal entity has the right to have settlement and other accounts in banks, personal stamp, stamps, personal forms. At present, on the initiative of the Ministry of Justice of the Republic of Kazakhstan, a bill "On advocacy and legal assistance" 172

 

(June 2018)30 has been developed, which is under discussion in the Parliament of the Republic of Kazakhstan. This bill regulates the activities of lawyers and lawyers. Among the proposed innovations – cancellation of the fee for joining the Republican Bar Association, self-regulation of legal advisors and even a special form of clothing. It should be noted that the country's lawyer community has critically apprehended this bill as infringing their rights due to state interference in advocacy. Recommended legal sources advocacy 1. Law of the Republic of Kazakhstan of December 5, 1997 No. 195–I "On advocacy". 2. Dossier on the draft Law of the Republic of Kazakhstan "On advocacy and legal assistance" (June 2018). Source: online.zakon.kz> September 2017. 3. On the Draft Law of the Republic of Kazakhstan "On Advocacy and Legal Aid," // Resolution of the Government of the Republic of Kazakhstan No. 683 of October 30, 2017. 4. Expert opinion on the draft law ... Source: advokat.kz> ... zakona ... obadvokatskoy ... i-yuridicheskoy ... Questions for self-control 1. What are the main objectives of the advocacy in Kazakhstan? 2. Who can be a lawyer? 3. Describe the basic principles of the organization and activities of the Kazakhstan Bar. 4. Expand the concept of the bar association and its bodies. 5. What are the organizational parts of the bar associations? 6. Indicate the reasons for the drafting of the Law of the Republic of Kazakhstan "On Advocacy and Legal Aid" by the Ministry of Justice of the Republic of Kazakhstan. 7. What innovations does the draft Law of the Republic of Kazakhstan "On Advocacy and Legal Aid" bring? 8. What does not suit the country's lawyers in the draft law "On advocacy and legal assistance"?

                                                             30

Dossier on the draft Law of the Republic of Kazakhstan "On advocacy and legal assistance" (June 2018). Source: online.zakon.kz> September 2017. 

173

 

Lecture 13. The main law enforcement institutions and the criminal justice system of the Federal Republic of Germany and the Czech Republic31 Main issues (provisions) and summary 1. The Federal Republic of Germany 2. The Czech Republic The Federal Republic of Germany Brief overview of police activities: In the Federal Republic of Germany, the functions of maintaining public order are divided between the relevant police structures on land (16 federal lands) and republican levels. The main law enforcement institutions are the Federal Police (Bundespolizei), the Land Police (Laenderpolizei) and the Federal Office of Criminal Police (Bundeskriminalamt). General information The Federal Police (Bundespolizei or BPOL) reports to the Ministry of the Interior and performs complex tasks in accordance with the Federal Law on Police and a number of other legislative acts. In 1998, police reform was carried out in Germany. The Federal Police received its current name on July 1, 2005, after the corresponding renaming of its predecessor, the Federal Border Protection Service (Bundesgrenzschutz or BGS). The Federal Police closely interacts with an organized network of various security services of federal and land subordination and on the basis of partnership with fellow police officers of federal lands and border services of foreign countries. Functions and powers The main functions of the Federal Police are: • Ensuring border security, including protection of the sea coast; • Protection of federal buildings and diplomatic missions located in Berlin and the former capital of Bonn, as well as the two highest courts of Germany – the Federal Constitutional Court and the Supreme Federal Court in Karlsruhe;                                                             

31

The POLIS-OSCE systemshouldbementionedas a sourceforthematerials of thetopicsNos. 13, 14 // polis.osce.org

174

 

• Organization of the mobile response force of the Federal Government to protect officials during events inside the country; • Ensuring security at international airports and railways; • Organization of the anti-terrorism forces (GSG9 unit); • Protection of airspace. Employees of the Federal Police may also act as additional forces to strengthen the land police units at the request of the government of a particular federal state. The Federal Police of Germany conducts criminal investigations in strict accordance with the scope of their powers. Outside this sphere, investigations are carried out by the corresponding services of the land police or the Federal Office of Criminal Police (Bundeskriminalamt). Structure and organization In Germany there are five regional headquarters of the Federal Police, which are located in the cities of BadBramstedt, Berlin, Fuldatal, Munich and St. Augustine (SanktAugustin). Headquarters are subordinated directly to the Ministry of Internal Affairs as intermediate competent federal authorities in the regions. Other official structures performing key functions are the Central Bureau of the Federal Police (located in Koblenz) and the Federal Police Academy (located in Lubeck). In addition to the above-mentioned structures, there are 19 district police offices on the territory of the country that have a certain level of authority at the federal level and are subordinated to the corresponding headquarters of the Federal Police. Among them – the Federal Maritime Police, as part of the headquarters of the Federal Police "Nord". Staff information As of 2012, the total number of German police officers was approximately 243,98232. Approximately 6,800 civil servants of the Federal Police are engaged in administrative and support functions; 2 000 people are employees of the Individual Service who deal with immigration and individual border control issues, including checking passengers at airports (similar to the inspectors of the US Immigration and Customs Services). Education / training The Federal Police Academy of the City of Lübeck is the head institution for the training of Federal Police officers. In addition, the                                                              32

https://www.statista.com/statistics/575047/number-police-officers-germany/

175

 

Academy provides support to five federal centers for basic and expanded police training, which are located in the respective regional headquarters of the Federal Police and are responsible for organizing continuing training of staff. Land police General information The Federal Republic of Germany consists of 16 federal states with their own police units, whose organization in each land is different. This is due to the fact that, according to the German Constitution, the formation and management of police structures is the prerogative of the governments of the federal states. Structure and organization Despite the uniqueness of the police structures in the various federal states, the overall organization of police services remains more or less the same and is represented as follows: • Land Department of the Criminal Police (Landeskriminalamt). Is engaged in issues of ensuring security at the land level, combating the illicit trafficking in arms and explosives; investigates especially dangerous crimes related to illicit trafficking in narcotic drugs; conducts the fight against organized crime; combating money-laundering; investigates crimes committed by persons occupying a high public position; investigates cases related to the abduction of cultural property. Acts as the central body responsible for the organization of analytical research, data processing, the organization of special education and training, coordinates investigative activities; • Land police service. He is engaged in the prevention of minor crimes and makes appropriate charges; performs the functions of the traffic police; • Emergency police / duty police. Formed as an integral operating unit and provides general support to the Federal Criminal Police Office at its request during the organization of official visits, mass demonstrations, major sporting events, international exhibitions and in cases of natural disasters; • Water police. Controls the movement of water transport in the water area of Germany's inland waters and, in particular, the transport of hazardous materials and goods; 176

 

• Air police ("Air Wings"). It controls the movement of ground transport from the air. Provides support to employees of other police departments in monitoring the prevention of offenses. • Specialized paramilitary tactical units (Sondereinsatzkommandos) and Mobile reconnaissance units (MobileEinsatzkommandos). Their organization and management are different in different federal states. As a rule, they are involved in special cases involving especially dangerous crimes; conduct specific intelligence activities. Federal Office of Criminal Police General information The Federal Criminal Police Office (Bundeskriminalamt or BKA) is the central body responsible for coordinating the actions of federal and land authorities in all matters related to police activities; acts as the main intelligence agency and repository of information on the activities of the German police; is the founder of the National Central Bureau of the International Criminal Police Organization (Interpol) of the Federal Republic of Germany. Functions and powers The responsibilities of the Federal Office of Criminal Police are as follows: • Maintaining official relations between German police (both federal and land) and police and justice agencies, other partners abroad; • Support to federal and land police structures in activities to prevent and combat crime at the interregional and international levels and to disclose particularly serious crimes; • Implementation of tasks related to the organization of criminal prosecution; • Protection of witnesses, members of their families and relatives. Structure and organization Since January 2005, the reorganized structure of the Federal Criminal Police Agency is nine departments: international cooperation, state security, the fight against organized crime and especially serious crimes, information technology, the administrative department, the Criminal Investigation Service Headquarters, the Institute for Law 177

 

Enforcement and Training, the Institute of Forensic Expertise . The head of the Federal Office is the President, assisted by two vice-presidents. Staff information Offices of the Federal Office of Criminal Police are located in three cities in Germany: Wiesbaden, Berlin and Mekenheim (near Bonn). The staff of the Office consists of 5,500 employees, of whom almost half have completed a full course of professional training. The rest of the staff are representatives of almost 70 different professions. One third of the total number of employees are civil servants, 11% are mainly employed in administrative and related positions, 6% are auxiliary personnel. 34.8% of employees of the Federal Office are women. Education / training Employees of the Federal Office of Criminal Police are preparing the Federal College of Public Administration. The Federal Office also offers the opportunity to practice in ten different ways. Academy of training of command staff Leaders for the public security police and criminal police, whether of land or federal level, are trained in the Academy of Training of Command Staff (PolizeiFuehrungsakademie, PFA), which is located in Münster. Since 2006, the Academy has been gradually transformed into the German Police University. Criminal justice system General information Courts in Germany are divided into five categories depending on their profile: • Courts of written production. They consider criminal and civil cases and cases of voluntary jurisdiction. Organized on four levels: local (Amtsgerichte), land (Landgerichte) and federal (Federal Court (Bundesgerichtshof); • Labor courts (local, land and federal); • Administrative courts (local, land and federal); • Social courts (local, land and federal); • Financial courts (land and federal). The Federal Constitutional Court (Bundesverfassungsgericht) is the highest judicial authority and stands outside the framework of the above classification. 178

 

The charge The institutions of the German Procurator's Office are the bodies of criminal proceedings, they operate in courts, but they are administratively subordinate to the executive branch. The Prosecutor's Office, which operates under the Federal Court, is headed by the Federal Attorney General (Generalbundesanwalt). The Prosecutors General and the Chief Prosecutors (together with the assistants) direct the prosecutors' offices respectively under the highest land courts and land courts. As a rule, prosecutors deal with criminal offenses and are responsible for establishing the fact of the guilt of a person suspected of committing a crime and make a decision about betraying or not bringing him to trial. In courts, prosecutors represent the prosecution. Unlike judges, prosecutors are executive officials. As of June 1999, there were approximately 5,200 prosecutors in Germany. Questions for self-control on the Federal Republic of Germany 1. Identify the functions and powers of the Federal Police of Germany. 2. Expand the structure and organization of the Federal Police in Germany. 3. Expand the structure and organization of the activities of the German Land Police. 4. Indicate the functions, basic powers, structure and organization of the Federal Office of Criminal Police in Germany. 5. What is the peculiarity of the criminal justice system in Germany?

2. The Czech Republic General information The national police of the Czech Republic operates under the jurisdiction of the Ministry of the Interior. National Police General information The National Police of the Czech Republic is the only service that deals with all issues of public security and criminal investigations. In the Czech Republic, there are no regional or city police bodies with similar tasks, except for municipal police inspectors responsible for road traffic and public order in certain municipalities. However, municipal police inspectors do not have the right to arrest or investigate. 179

Structure and organization The structure of the Czech National Police corresponds to the administrative division of the country: 8 regional and 86 district offices. The Czech Police is headed by the President of the Police, in charge of which there are 4 deputies and 8 regional offices. Each of the regional offices has at its disposal its own operations center, a forensic laboratory and supply, personnel and health departments. Regional offices in turn are subordinated to 86 district offices, which unite 620 local units. Staff information As of 2006, the Czech police had about 47,400 police officers and 11,600 civil servants. Police education / training General information The new Police Service Act entered into force on 1 January 2005 includes the main principles of the Strasbourg European Code of Police Ethics, which states – "the duty of a police officer – to be able to demonstrate sound judgment, open attitude, maturity, honesty , communication skills and – if necessary – leadership and organizational skills. The police officer is obliged to respond to social, cultural and social problems". Priorities Priorities, according to the National Security Strategy of the Ministry of Internal Affairs, are the fight against such negative phenomena as: serious economic crimes (fraud, tax evasion, money laundering, etc.), corruption, illegal migration, terrorism, especially serious crimes, illegal traffic in narcotic and psychotropic drugs, juvenile delinquency, encroachment on intellectual property, robberies (theft, robbery of cars) and murder. National program for the adoption of the provisions of European legislation: human rights education, ethics of the police service, combating manifestations of racism, xenophobia, organized crime, drug trafficking, corruption and money laundering. Among other priorities is the implementation of modern approaches in training in such important areas as political correctness and development of communication skills. Principles The police are obliged to stand guard over the interests of all citizens, regardless of whether a person is an indigenous citizen of the 180

 

country or not. The police must respond to the demands of civil society, and in this regard, police officers are obliged to show commitment to the principles of a highly professional ethic, qualified, faithful and emphatically professional employees. It is precisely these qualities that society expects and demands ("A New Image of a Police Officer"). The development of these skills, in contrast to the provision of dry encyclopedic information, should be the focus of all training programs. Particular attention, in this connection, should be given to stimulating personal responsibility of each police officer for continuous improvement of professional skills and self-education. Educational institutions The organization of basic and continuing educational training for the Czech police is the prerogative of the Ministry of the Interior and, in particular, of its Department of Police Education and Police Colleges. The duties of the Department also include the organization of work: • Police colleges (8,000–10000 graduates per year, about 410 teachers) • Nine educational centers (7000 – 8000 students per year for all training programs, about 500 instructors) and • Police Academy (2,400 students, approximately 100 teachers). Functions and powers of police colleges: Police colleges of the Ministry of Internal Affairs are part of the system of specialized secondary education in the Czech Republic and are created for: • organization of multidisciplinary training and training of police officers; • organization of completed education in the field of law enforcement; • organization of special training courses for senior police officers and; • organization of training (to a limited extent) for employees of the Ministry of Internal Affairs. All teachers and instructors must have a university education. All training programs are prepared taking into account a clearly defined contemporary profile of the graduate, including his / her professional and social skills, ability, position, and physical training. At present, the project of the "New concept of training for police college teachers" has been developed, which contains provisions defining the necessary qualifications in the light of the requirements for observing professional 181

 

quality standards of teaching activity; A similar concept was also prepared for instructors of police officers. The Police Academy of the Czech Republic in Prague, founded in October 1992, is a state university institution and trains highly qualified specialists with bachelor's, master's and doctorate degrees in international law. Curricula are focused on law and other related subjects, but it also includes disciplines such as forensics, psychology, ethics and modern methods to combat organized crime. Students are in constant contact with police practitioners. Research work is carried out in priority thematic areas and disciplines, which relate to the sphere of activity of the Ministry of Internal Affairs and the National Police. International cooperation is built on the basis of existing bilateral agreements and is implemented through a short-term exchange between teachers, scientists and students. Criminal justice system General information The judicial system of the Czech Republic includes 86 district courts, 8 regional courts, 2 high courts and the Supreme Court. The Constitutional Court (located in the city of Brno) is the highest judicial authority of the Czech Republic. In its jurisdiction there are issues that differ from those considered by other courts (see above), mainly because it does not deal with criminal cases. Procuratorial supervision is carried out by the public prosecutor's office, which is completely independent of the courts themselves. The structure of the Public Prosecutor's Office coincides with the judicial structure. The Prosecutor's Office In total in the Czech Republic there are 86 district, 14 regional, 2 higher prosecutor's offices and the Supreme State Prosecutor's Office located in the city of Brno. Questions for self-control on the Czech Republic 1. Indicate the main priorities of the National Security Strategy of the Ministry of the Interior of the Czech Republic. 2. Expand the structure and organization of the Czech National Police. 3. What is the peculiarity of the criminal justice system of the Czech Republic? 

182

 

Lecture 14. Review of police activities and the criminal justice system of the French Republic, the Italian Republic and the Republic of Turkey Main issues (provisions) and summary 1. Review of police activities and the criminal justice system of the French Republic 2. Review of police activities and the criminal justice system of the Italian Republic 3. Review of police activities in the Republic of Turkey 1. Review of police activities and the criminal justice system of the French Republic General information In France, the protection of citizens and their property, the maintenance of public order and the maintenance of legality are the responsibility of the state. The French police consists of two centralized institutions – the National Police (Police Nationale) and the Gendarmerie Nationale (Gendarmerie Nationale). They have the same powers, but are under different jurisdictions. National Police General information The National Police is a civilian formation that is subordinate to the Ministry of Internal Affairs and operates in cities. Functions and powers The role of the National Police is to ensure compliance with the law in the broadest sense of the word and prevent crime. In this regard, the National Police: • carries out work to ensure security (patrolling, roadside control, identity cards, etc.); • Under the supervision of the judiciary, it conducts investigative and investigative work, carries out searches on orders, performs specific investigative tasks as "judicial police". 183

 

Structure and organization The National Police is a civilian structure of the law enforcement bodies of the Ministry of the Interior, represented primarily in large cities and towns, with a population of more than 16,000. The National Police is headed by the Directorate General, who is also responsible for the activities of its following units: • General Inspection of the National Police; • Directorate General of the Judicial Police; • Directorate of Territorial Supervision; • Central Directorate of Public Security; • Central Directorate of General Information; • Central Directorate of Border Police; • Central Service of the Republican Security Forces; • Technical Service for International Police Cooperation; • Department for the Protection of VIPs. Staff information The National Police consists of 150,000 people (police officers and administrative officers). Education / training Recruitment to the National Police is carried out on the basis of competitive examination. Specialized schools are responsible for the organization of vocational training. The rank of employees, as a rule, depends on their educational level. After successfully passing the selection, future police officers undergo a six-month training course at the Saint-Cyr school in Mont''Or. The training of inspectors also lasts six months and is organized at the CanetCluse school. The high school offers half-year courses for police officers. Control and supervision In France, mechanisms have been developed that allow both internal and external monitoring of the proper performance by police officers of their official duties. The provisions of the Police Code of Conduct are supported by the Code of the National Police and the activities of the relevant supervisory authorities.

184

 

Gendarmerie General information The French gendarmerie (GendarmerieNationale or GN) is a police force that is subordinate to the Ministry of Defense. Functions and powers The French gendarmerie is a paramilitary body created to maintain public safety and is called upon to guarantee the protection of the population and their property. It is also the body of information, prevention and rescue. In addition to fulfilling the tasks of enforcing law and order, the Gendarmerie can fulfill additional duties related to the armed protection of the nation. The Gendarmerie functions as police in rural areas and small towns with a population, usually no more than 20,000 people (correspondingly, 50% of the population and 90% of the territory of France). The structures of the territorial gendarmerie carry out the same functions to investigate crimes as the forces of the Directorates of the National Police. Structure and organization The Gendarmerie of France is an integral part of the armed forces, and in this connection – the structural subdivision of the Ministry of Defense. Nevertheless, the operational activities of the Gendarmerie within the country are managed by the Ministry of Internal Affairs, and its investigative work is controlled by the prosecutor's office and the court. In the structure of the Gendarmerie of France there are two divisions: • Departmental gendarmerie. Organizes execution of investigative and other routine police activities; is divided into 3,600 plots to solve certain tasks (traffic control, mountainous terrain, etc.); • Mobile gendarmerie. Does not conduct investigative work; the main task is to maintain public order. It can act as an auxiliary unit for other police forces or perform special duties. Staff information Professional gendarmes consist of a number of sergeants and officers. The grass–roots in the Gendarmerie is an assistant to the gendarme (on a temporary contract). As of March 2005, there were 104,275 people in the Gendarmerie. 185

 

Education / training The Academy of Employees of the National Gendarmerie (Ecoledes Officiersdela Gendarmerie Nationale or EOGN) is an educational center located in the city of Mila (Melun), and provides an opportunity to receive both basic training and retraining. After successfully passing the entrance examination (developed on the basis of university standards), students undergo a two-year course of study in the following areas: jurisprudence, international relations, organization of crime control, social structure, human resources management, work with the media, human rights, foreign languages , activities in crisis situations. At the end of the course, the students are given the title of "Officer of the Gendarmerie". The sergeants are trained (or retrained) in six academies, which are located throughout the country. The Gendarmerie offers the sergeants ample opportunities to obtain the rank of officer: at least half of all officers of the current Gendarmerie are former sergeants. Municipal police The task of the municipal police is daily policing in the cities. The competence of the municipal police includes all issues related to combating crime and maintaining public order. About half of the municipal police are sworn officers with weapons. The rest of the employees are municipal employees. In the ranks of the municipal police there are approximately 20,000 people. Criminal justice system General information The legal system of France is built on the principle of the unity of civil and criminal justice systems. The Code of Criminal Procedure of France (SSR) defines the powers of the police and powers during the organization of investigative measures. The criminal courts of first instance deal with cases related to the violation of the Criminal Code, which fall into three categories, depending on the type and severity of the crime: the first instance court (minor crimes and civil cases), the criminal tribunal (crimes punishable by up to 5 years , or complex civil cases) and jury trials. 186

The charge Criminal cases are opened by the prosecutor's office, sending them for further consideration to the relevant magistracy conducting the interrogation. The Prosecutor's Office also exercises preliminary control over all investigative actions of the police and gendarmerie. After the transfer of cases to the magistracy and the commencement of the judicial investigation, the police and gendarmerie authorities act in direct accordance with the directions of the magistrate conducting the interrogation and are subject to its orders. Questions for self-control on the French Republic 1. Identify the functions and powers of the French National Police. 2. Expand the structure and organization of the French National Police. 3. Indicate the functions, basic powers, structure and organization of the French Gendarmerie. 4. What is the French Municipal Police? 5. What is the specificity of the French criminal justice system?

2. Review of police activities and the criminal justice system of the Italian Republic General information Brief overview of policing: The main law enforcement institutions in Italy are: the State Police (Polizia di Stato), the Corps of Carabineros (Arma dei Carabinieri), the General Command of the Financial Guard (Guardia di Finanza) and the Penitentiary Police (Polizia Penitenziaria). In some regions of Italy there are own police structures of the Provincial (Polizia Provinciale) or the Municipal Police (Polizia Municipale). State Police General information The headquarters of the Italian State Police (PoliziadiStato or PoliziaStatale) is in Rome. Regional and provincial units of the State Police are located throughout the country. Unlike the rest of the police services in Italy, the State Police is a civilian formation. Functions and powers The State Police conducts general police activities, patrolling roads, railways and waterways and supporting the work of local 187

police. Each major city in Italy has its own head police department (Questura), which operates as a body of the State Police. Structure and organization The Ministry of the Interior is responsible for maintaining public order and ensuring security in Italy. In the performance of these functions, the Minister of the Interior is assisted by members of the Public Order and Security Committee, an advisory body composed of the Chief Police Officer (Director General for Public Security) and the head of various police services. At the national level, the functions of ensuring public safety are entrusted to the Department of Public Security, and on provincial and local – to the relevant authorities and specially authorized persons: • Department of Public Safety. The head of the Department is the Prefect, who simultaneously has the status of head of the State Police. The candidacy of the Head is proposed by the Ministry of Internal Affairs with the consent of the Cabinet of Ministers and approved by the President of the country. The tasks of the Department of Public Security are as follows: implementation of the national policy in the field of maintaining public order and security; ensuring technical and operational cooperation between the various police services; management of the forces of the State Police; providing general technical support to the Ministry of Internal Affairs. • Provincial authorities, including the Prefect. The Prefect directs the territorial government and is responsible for ensuring public order and security; the Questura Headquarters, the central local police authority entrusted with the management and coordination of various police services and recruitment; • Special departments: mobile, specialist explosion technicians, snipers, branch of service dogs, marine navigation, mine rescue police and air police; • Specialized police forces. Represent one of the most important operating sectors of the State Police (road police, railway police, cyber police, border and immigration police). Staff information In 2006, the Italian State Police consisted of approximately 110,000 people directly serving as police officers and 5,700 employees in auxiliary posts (scientific, technical or purely technical support). 188

 

Education / training The organization of training is the responsibility of the Central Directorate of Police Training Institutions, which is part of the Department of Public Security. Police training institutions are represented by various kinds of schools offering both basic training for junior officers and technical operators, and leading training in specialized police disciplines. Along with this, schools have been opened in Italy, which have the right to award qualification titles to instructors, pilots, specialists working with service dogs, mine rescue officers. There is a public police school working on the development of knowledge and the creation of training modules to strengthen the spirit of trust and cooperation between police and the public. The Police Academy is a higher educational institution, founded in 1982. Provides basic and continuing education and specialized training for senior Italian police officers. A year earlier (1981), the Interdepartmental Police Academy was opened, which specializes in the organization of training courses and retraining courses for police officers. Beginning in January 2001, within the framework of developing a general training program for all countries of the European Union, the Interdepartmental Police Academy is included in the project to establish the European Police Academy. Carabineers General information The carabinieri corps is a police paramilitary force with general powers and fulfilling the corresponding duties to maintain public order and ensure security. In solving military problems (for example, organizing military police patrols for various kinds of armed units, ensuring the safety of representatives of diplomatic missions of Italy abroad) Carabineers report to the Ministry of Defense. Actions of the Carabinieri Corps during activities to maintain public order and security inside the country are managed by the Ministry of the Interior. The carabinieri body was formed in 1814. Carabineers took part in peacekeeping operations in various hot spots of the world (Afghanistan, Bosnia and Herzegovina, Kosovo). 189

 

Functions and powers The carabinieri body performs the following functions: • Ensures public order and protection of civil and military property; • Conducts investigations into crimes committed by organized criminal groups and related to terrorist activities; • Performs military tasks during peacekeeping operations abroad; • Ensures the protection of the Ministry of Foreign Affairs in Rome and the diplomatic missions of Italy located abroad; • If necessary, with the forces of its own airborne units, it provides prompt prompt response within the entire territory of the country; • Ensures that forensic expertise is conducted at the request of the judiciary or the command of the Corps; • Contributes to the protection of the health of the nation through the organization of inspections of the production, sale and distribution of food and beverages; • Organizes measures to prevent and combat crimes related to theft or damage to cultural property; • Organizes measures to prevent and combat counterfeiting at the national and international levels; • Ensures compliance with the provisions of European legislation in the field of agriculture and food supply. Structure and organization The General Command directs, coordinates and controls all activities of the Carabinieri Corps. The Command consists of the General Commander, Lieutenant-General and Chief of Staff of the General Staff. The core of the Carabineros' Corps is its territorial structure, which includes: 5 interregional, 102 provincial, 18 territorial command posts, 538 companies, 41 platoons, 4 625 stations and 2 air squadrons. The command of specialized mobile detachments is divided into 3 basic units: the Special Operational Group (ROS), the Mobile Unit Administration (it includes the Special Intervention Unit for Special 190

 

Operations Operations) and the Special Forces Division, which deals with specific issues in the economic, environmental and social spheres. Staff information As of 2006, the Carabinieri Corps staff numbered approximately 112,200. Education / training The central administration of the Carabinieri academies is in Rome, supervising and coordinating the work of five academic institutions (located in Rome, Florence, Turin, Benevento and Reggio Calabria) and five carabinieri schools (located in Rome, Turin, Campobasso, Iglesias and Fossano). The academies and schools of the carabinieri offer a multilevel general and basic training. In addition, various specialized courses are organized on the basis of separate educational centers, such as, for example, courses on helicopter management (Pratica de Maare), mine rescue activities (Selva di Val Gardena), underwater operations (Genoa) , the training of members of the detachments K-9 (Florence), the units of the mounted police (Rome) and information technology specialists (Valletri). General Command of the Financial Guards General information The General Command of the Financial Guard (GuardiadiFinanza) performs the functions of the financial police, is an integral part of the armed forces and law enforcement bodies of Italy and directly reports to the Minister of Economy of Finance. Functions and powers The General Command of the Financial Guard deals with issues related to financial, economic, legal and public security, namely: combating tax evasion, financial crimes, financial terrorism and money laundering, fraudulent transactions with credit cards, counterfeiting, violation of the law on copyright, cybercrime, smuggling, illegal migration, illicit trafficking in narcotic drugs (internationally); organizes customs border control; within its competence, ensures public order and security, protection of the state border. The General Command of the Financial Guard also performs a number of functions of the paramilitary police. 191

 

The structure of the Financial Guard includes the following specialized departments: the Organized Crime Control Group (GICO), the Drug Trafficking Action (GOA), the Combating Cybercrime (GAT) and the Air Operations Command (ROAN). Staff information In 2006, the Financial Guard number was approximately 68 thousand people. The Penitentiary Police General information The structure of the Penitentiary Police was formed in accordance with Law No. 395 of December 15, 1990. The penitentiary police are subordinated to the Department of Penitentiary Institutions of the Ministry of Justice. The penitentiary police is one of the five institutions of the law enforcement bodies of the Italian Republic. The staff of the Penitentiary Police have the status of civilians. Functions and powers The main functions of the Penitentiary Police are: • Ensuring compliance with the provisions of the legislation in the field of limiting personal freedom; • Ensuring order and security in prisons and other penitentiary institutions; • Participation in group activities to monitor and rehabilitate prisoners; • Ensuring the transportation, escort and convoy of prisoners and supervision of hospitalized criminals; • Organization of protection and protection of employees of central law enforcement agencies; • If necessary, the performance of functions (under the leadership of the Prefect) to maintain public order and security. Staff information In 2006, approximately 42,000 people were employed in the Penitentiary Police. Criminal justice system General information Judges of the lower instance (or magistrates) in Italy have a total limited jurisdiction over simple civil and criminal cases. In the Italian 192

 

judicial system, there is a division into 1) judges and 2) magistrates of the prosecutor's office, which accordingly perform the functions of issuing sentences and organizing investigative measures. The charge The institute of public prosecution (prosecutor's office) in Italy is built from the following elements: • Prosecutors at courts; • Prosecutors in juvenile courts; • Attorney General at the Court of Appeal; • Attorney General at the Court of Cassation. The national and district prosecutors in the fight against the mafia act as special employees of the Italian prosecutor's office. Questions for self-control on the Italian Republic 1. Indicate the functions and powers of the Italian State Police. 2. Expand the structure and organization of the Italian State Police. 3. Indicate the functions, basic powers, structure and organization of the Italian Corps of Carabineros. 4. What is the General Command of the Financial Guards of Italy? 5. Indicate the functions and powers of the Italian Penitentiary Police. 6. What is special about the Italian criminal justice system?

3. Review of police activities in the Republic of Turkey General information For the work of the police in Turkey, the Ministry of Internal Affairs is responsible to the General Directorate of Security (national and armed civilian forces), as well as the Gendarmerie and the Coast Guard (national and armed military police forces). General Directorate of Security General information The central police forces report to the Ministry of Internal Affairs, namely the General Directorate of Security. In the province, they report to governors (vali) and district governors (keymakam). Civilian administrative officials (mülki amir) are responsible for the safety and well-being of cities and districts. According to legislation and established practice, the structure of central and regional police 193

 

forces is defined as a law enforcement unit that operates within the civil administrative system and performs its duties under the authority of and under the control of civilian authorities. The work of this unit is conducted under the supervision of city governors and heads of district administrations. Functions and powers In general, the responsibility of the Turkish police forces is distributed according to geographical municipal boundaries. In accordance with the "Law on Obligations and Powers of the Police", the police duties include: • Ensure public order; • ensure the safety of citizens and their property; • protect the personal property of citizens and public order; • Detect, arrest and transfer offenders and material evidence relevant to the case to the relevant legal authorities; • In addition to administrative responsibilities, legal obligations prescribed by laws, regulations and governmental acts; • to carry out work on the prevention of crimes in order to protect public safety and order. The police forces also have political tasks, such as preserving the unity of the state and observing the constitutional order. In addition, the police also perform administrative functions, including measures to prevent crime, ensure security and assist other bodies. In the performance of their duties, the Turkish police respect human rights, in accordance with the principles of the rule of law. At the same time, training and education of personnel are of paramount importance. The qualifications of the police greatly increased due to the increase in the level of education, including the training of a significant number of personnel abroad. Taking into account that road services have a direct impact on the economic and social life of the country, in recent years the police have significantly intensified their monitoring efforts to ensure safety of movement and prevent accidents on urban and interurban roads. In order to improve the effectiveness of the police in the field of traffic, the Department for Road Traffic Services, the Council for Road Safety and the High Commission for Road Safety were established. 194

 

Structure and organization The Turkish National Police consists of: • Central Organization; • The provincial organization (81 provincial police directorates, 751 city police directorates attached to the provinces, 22 directorates of border checkpoints, 18 police stations in the free zone, 834 police stations in 81 provinces). Staff information The staff of the Directorate General for Security consists of police officers, commanders (of various ranks) and civil servants. Education / training The personnel of the Turkish police receive 2 types of education: one of them is education without interruption from the basic work, provided by the Department of Education, functioning under the aegis of the Directorate General for Security; The preparatory professional course is provided by the Police Academy. The Police Academy provides 5 different training programs: • Basic education (Professional police higher education, 2 years); • Training with further Bachelor's degree (Institute of Safety Sciences, 4 years); • Postgraduate training (Institute of Security Sciences, 4 semesters); • Training in public higher education institutions in Ankara; • Management education (Institute of Security Sciences, Higher Management Courses for Superintendents of the third category, as well as mid-level management courses for the supervisor of inspectors). Two Police Colleges in Ankara and Bursa directly report to the Directorate General for Security. There are also other educational institutions that provide training for experts on the job, such as the Turkish International Academy Against Drugs and Organized Crime (TADOC) and the Crime Research and Education Research Foundation Center – SASEM). Gendarmerie General information The Gendarmerie of the Republic of Turkey is a paramilitary armed organization for the maintenance of security and law and 195

 

order, is responsible for maintaining security and public order, and performs other functions prescribed by laws and regulations. The General Command of the Gendarmerie is subordinate to the Ministry of Internal Affairs. Functions and powers The sphere of responsibility of the Gendarmerie in the geographical aspect lies outside the police activity area; that is, in places located beyond municipal boundaries. Functions of the gendarmerie lie in 4 main areas: • Administrative: work on crime prevention in order to ensure the safety of civilians and public order; prevention, detection and investigation of smuggling cases; protection of the Department of Correctional Facilities; • Legal: the detection, arrest and transfer of offenders and witnesses in criminal cases to the relevant legal authorities; • Military: according to the order of the high command, it ensures the observance of military laws and the rules of the country; • Other areas: performs other duties prescribed by laws, regulations and governmental acts. Structure and organization The General Command of the Gendarmerie consists of: • the headquarters of the General Command Division of the Gendarmerie and the units assigned to it; • security units; • border units; • school, training and educational institutions; • administrative units and logistic support units. Staff information The personnel of the General Command of the Gendarmerie includes the rank and file, sergeants, specialized gendarmes, specialized sergeants, corporals and civil servants. Education / training Gendarmerie schools are educational institutions where gendarmerie officers are trained, who graduated from the Army Academy, sergeants represented to the officer rank and other specialists.

196

 

Coast Guard General information The Turkish Coast Guard is a law enforcement force established on July 9, 1982 in accordance with Act No. 2692. The Coast Guard is subordinated to the Ministry of Internal Affairs and performs its tasks in the territorial, internal waters of Turkey, the exclusive coastal economic and other zones in accordance with the above– mentioned law, international law. Functions and powers Act No. 2692 put the following tasks before the Turkish Coast Guard: • protect and ensure the safety of coasts and territorial waters, • ensure the safety of life and property at sea, • Prevent all types of smuggling activities conducted at sea, • conduct search and rescue operations within the limits of the search and rescue zone of responsibility of Turkey, in accordance with the International Convention on Search and Rescue at Sea and national rules for search and rescue, • prevent pollution of the marine area. Structure and organization The command of the Turkish Coast Guard is stationed in Ankara. Its structure includes four regional commands, namely the Black Sea, the Sea of Marmara and the Turkish Straits, the Aegean and Mediterranean Seas, as well as the Directorate for Training and Education, the Air Support Directorate, the Coast Guard Supply Center and the six Coast Guard teams subordinate to the Regional Command. Staff information The Turkish Coast Guard staff consists of officers, sergeants, civil servants, contract sergeants and soldiers. Education / training After the completion of the Naval Academy or the Turkish Maritime Professional Higher School of NCOs, Coast Guard officers and sergeants receive professional knowledge of the Coast Guard's activities by attending the basic Coast Guard training course conducted by the training and education center. Civil servants are recruited for positions for which military schools do not train specialists from among graduates of the relevant 197

 

faculties of the country's universities. The training of civil servants to work in these positions takes place at their workplaces with the assistance of the Coast Guard Training and Education Department. Soldiers who have achieved significant success while serving in the sea and having excellent professional skills can be recruited as contract sergeants in their own units after passing a series of exams. These contract sergeants are accepted for service in the coast guard as professional specialists, therefore their contracts are reviewed and renewed every 2 years. General Customs Directorate General information The General Customs Directorate is one of the four main divisions of the Customs Administration. In 1993, under the secretariat was reorganized and assigned to the Cabinet of the Prime Minister. Functions and powers The General Customs Directorate is responsible for ensuring legal activity aimed at combating the illegal trade in goods and people, drugs, psychotropic substances and their precursors, cigarettes and alcohol, nuclear, biological and chemical substances, dual-use goods, weapons and ammunition, items with historical value, as well as items falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Conventionon I nternational Tradein Endangered Species – CITES). Structure and organization Within the Customs Administration, 18 customs units were organized for counterintelligence activities and combating smuggling and drugs. National Intelligence Organization General information In terms of responsibilities and responsibilities, the National Intelligence Organization (MIT: MillIstihbaratTeskilati) plays an important role in the state structure of the Republic of Turkey. The legislation of the country defines the legal responsibility of MIT and its importance within the framework of the state structure, 198

 

subordinating its activities directly to the Prime Minister of the country, which is responsible for carrying out the overall policy directions of the country. Functions and powers MIT's responsibilities include: • Collecting intelligence information throughout the country about existing and potential security threats, both from internal and external sources; • Providing collected intelligence to the president, prime minister, chief of the General Staff, secretary general of the National Security Council, providing information necessary for planning national security policies; • conducting counterintelligence activities. Carrying out its activities under the law on the establishment of this organization, its members can enjoy the rights and powers of the police in protecting their facilities, employees and conducting counterintelligence activities. Structure and organization Head of the National Intelligence Organization of Turkey is appointed with the consent of the President after approval of his candidacy by the National Security Council on the proposal of the Prime Minister. It is accountable only to the Prime Minister. Staff information MIT personnel work in the main, support units and support units. Education / training Applicants who have passed the entrance examination for the service in the National Intelligence Organization are trained within 23-24 weeks in the MIT preparatory center during their probation period. Questions for self-control on the Republic of Turkey 1. Uncover the functions, powers, structure and organization of the activities of the Turkish National Police. 2. Uncover the functions, authority, structure and organization of the General Command of the Gendarmerie of Turkey. 3. Uncover the functions, authority, structure and organization of the Turkish Coast Guard. 4. Expand the functions and powers of the General Customs Directorate of Turkey. 5. Uncover the functions and powers of the National Intelligence Organization of Turkey. 

199

Lecture 15. International norms and standards for the observance of human rights in the work of the police Main issues (provisions) and summary Code of Conduct for Law Enforcement Officials (1979) The main document adopted by the UN General Assembly on the observance of human rights in police activities is the Code of Conduct for Law Enforcement Officials (hereinafter – the Code). By adopting this document on December 17, 1979, the UN General Assembly asked the governments of countries to consider using it in the framework of national legislation or practice as a set of principles that must be observed by law enforcement officials. The Code consists of eight articles containing provisions on the need for officials to maintain their duties honestly and professionally, to maintain law and order, respect for and protection of human rights, protect the health of detainees, and prohibit the use of torture, corruption, stress that force can be applied only in case of emergency. The content of the document boils down to establishing that those who are entrusted with the authority to maintain law and order are obliged to respect and protect human rights in relation to all persons, regardless of any of their signs and differences. The Code prohibits the conduct of torture, and also obliges the use of force only in cases of extreme necessity. The Code consists of eight articles, each of which is accompanied by comments33. Guidelines for the effective implementation of the Code of Conduct for Law Enforcement Officials (1989) The UN Economic and Social Council adopted the Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement Officials, which indicate that priority should be given to the selection, training and training of law enforcement officials; Governments also need to promote their education and training through a fruitful exchange of experience at the regional and international levels34.                                                              33

https://www.un.org/ruleoflaw/blog/document/code-of-conduct-for-law-enforcement-officials/ https://www.unodc.org/documents/commissions/CCPCJ/Crime_Resolutions/19801989/1989/ECOSOC/Resolution_1989-61.pdf 34

200

 

InternationalCode of Conduct for Public Officials(1996) The UN General Assembly, at its 82nd plenary meeting on December 12, 1996, adopted the International Code of Conduct for Public Officials35 and recommended it to the UN member states as a tool to guide their efforts to combat corruption. The International Code of Conduct for Public Officials establishes general principles for the conduct of public servants. In this code it is determined that a public office is a position entrusted with trust, implying the duty to act in the interests of the state. Therefore, state officials should show absolute devotion to the state interests of their country, represented by democratic institutions of power. The International Code of Conduct for Public Officials requires public officials to perform their duties and functions competently and effectively in accordance with laws or administrative regulations and with all integrity. State officials should be considerate, fair and impartial in the performance of their functions and, in particular, in their relations with the public. They are not entitled to exercise any kind of unlawful preference for any group of individuals or an individual, should not discriminate against any group of individuals or an individual, nor should they abuse the powers and authority granted to them in any other way. The Declaration on the Police (approved by the Council of Europe Parliamentary Assembly Resolution No. 690 of 9 May 1973) and the European Code of Police Ethics (adopted by the Committee of Ministers of the Council of Europe on September 19, 2001, are also of great importance for the establishment of regional international norms and standards for the observance of human rights in the work of the police and the administration of justice. .). The main attention in these documents is given to the problem of human rights and the provision of reliable legal and moral barriers to the arbitrary and possible malicious use of their power by police officers and other law enforcement officials. Declaration on the Police(1979) The 1979 Parliamentary Assembly of the Council of Europe "Declaration on the Police" marked the first attempt to establish                                                             

35

https://documents-ddsny.un.org/doc/UNDOC/GEN/N97/762/73/PDF/N9776273.pdf?OpenElement

201

 

ethical standards for the police. In many Member States, it has become a guide in seeking answers to the question of choosing a particular policy in this area36. The European Code of Police Ethics (2001) In September 2001. the European Code of Police Ethics was adopted in Strasbourg37. The code’s preamble reads: «Considering the need to establish common European principles and guidelines for the overall objectives, performance and accountability of the police to safeguard security and individuals’ rights in democratic societies governed by the rule of law, [Council of Europe] recommends that the governments of member states be guided in their internal legislation, practice and codes of conduct of the police by the principles set out in the text of the European Code of Police Ethics, appended to the present recommendation, with a view to their progressive implementation, and to give the widest possible circulation to this text». The provisions of the Code are also aimed at building a closer union between its members, which contributes to an effective fight against crime, both nationally and internationally. Finally, the Code stipulates that policemen who comply with its provisions deserve respect, full support and cooperation from the community and its institution in which they serve. And also on the part of persons engaged in maintaining law and order. Unlike the Code of Conduct, special forms of the organization of the police are directly excluded from the scope of the European Code, which pursues other goals than maintenance of order in civil society, including military police, penitentiary police, special services and private security companies. International norms may not have any legally binding meanings, their non-compliance may not mean breaking the law, but, nevertheless, their violation can cause very negative consequences and call into question the public's confidence in the police. That is why the codes of ethical principles are aimed at ensuring that the behavior of police officers fully meets the requirements of the democratic system and respect for human dignity.                                                             

36 37

http://www.assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-n.asp?fileid=16101&lang=en https://polis.osce.org/node/4711

202

 

Recommended legal sources 1. https://www.un.org/ruleoflaw/blog/document/code-of-conduct-for-lawenforcement-officials/ 2. https://www.unodc.org/documents/commissions/CCPCJ/Crime_Resolutions/19801989/1989/ECOSOC/ Resolution_1989–61.pdf 3. https://documents-dds-ny.un.org/doc/UNDOC/GEN/N97/762/73/PDF/ N9776273.pdf? OpenElement 4. http://www.assembly.coe.int/nw/xml/XRef/Xref–XML2HTML-en.asp? fileid=16101&lang=en 5. https://polis.osce.org/node/4711 Questions for self-control 1. Indicate the role of the police in a democratic society and its place in the criminal justice system, based on international norms and standards of human rights observance. 2. What is the definition of law enforcement officers in the Code of Conduct for Law Enforcement Officials? 3. Give a brief commentary to the articles of the Code of Conduct for Law Enforcement Officials. 4. What professional moral principles are set out in the European Code of Police Ethics? 5. What is the difference between the Code of Conduct for Law Enforcement Officials and the European Code of Police Ethics?

203

 

Annex 1 AL–FARABI KAZAKH NATIONAL UNIVERSITY Faculty of International Relations International Law Department COURSE PROGRAMME "Law enforcement authorities of the Republic of Kazakhstan" Almaty, 2018 The course program is compiled by Docent of the International Law Department, Candidate of Law M.K. Samaldykov FOREWORD The study of the topics included in the curriculum provides basic knowledge of the concept of law enforcement activity, its main directions – the judiciary, justice and their implementing bodies, law enforcement agencies, the legal profession and other forms of legal assistance in the Republic of Kazakhstan. The subject of studying the academic discipline "Law enforcement bodies of the Republic of Kazakhstan" is state and non-state entities whose activities are related to the protection of the legal system of the state, as well as to protect the rights, freedoms and legitimate interests of citizens. The purpose of the study of the discipline is to provide basic knowledge of the basic concepts of law enforcement activities, its directions, the powers of law enforcement bodies, the regulatory framework, their organization and functioning, non-state law enforcement agencies, and to familiarize students with the organization of the activities of law enforcement agencies of certain foreign countries. Structurally the program of the discipline "Law Enforcement Authorities of the Republic of Kazakhstan" in the form of the following lectures: The first lecture reveals the basic concepts, the subject and the system of the course, the normative bases of the activity of law enforcement bodies, etc. Without their careful study, it is impossible to compile a systematic picture of the law enforcement agencies of the Republic of Kazakhstan and the main trends and patterns of their development. The second, third and fourth lectures contain information about the concept and function of the judiciary in the Republic of Kazakhstan, the judicial system and the status of judges, the classification of courts in the Republic of Kazakhstan, their competence, the jurisdiction of cases in courts and the organizational support of courts. The fifth, sixth, seventh, eighth, ninth and tenth lectures cover exclusively the law enforcement agencies of the Republic of Kazakhstan: the prosecutor's office, the interior, the anti-corruption service and the Economic Investigation Service. These lectures detail the tasks, principles of activity, competence and structure of these law enforcement agencies of the country. And in the tenth lecture, the issues related to the receipt of the law enforcement service of the Republic of Kazakhstan, its passage

204

 

and termination, as well as the legal status (status), material support and social protection of law enforcement officers of the Republic of Kazakhstan are described in detail. The eleventh lecture is devoted to the concept of a system of security authorities, their types and tasks. The twelfth lecture reveals the tasks and authorities of bodies that provide legal assistance and its organization in the Republic of Kazakhstan. Concept, tasks, legal framework of the notary. Notarial Chamber and its bodies. The concept, objectives, legal framework of the Bar. The Bar Association, its bodies and structural subdivisions. Thirteenth and fourteenth lectures are devoted to law enforcement agencies and judicial systems of individual foreign states and the specifics of their organization and activities. The fifteenth lecture gives an idea of international norms and standards of human rights in the work of the police. Mastering students with the discipline "Law enforcement agencies of the Republic of Kazakhstan" contributes to a better understanding of the provisions of special legal disciplines: criminal law and criminal procedure, administrative law and administrative activity, civil procedure, constitutional law, etc. Sources for the study of discipline are the Constitution of the Republic of Kazakhstan, relevant laws and other regulatory legal acts. As a result of studying the discipline, the student must: Know: – the main provisions on law enforcement and the authorities that implement it; – the structure of the judicial system of the Republic of Kazakhstan, the democratic foundations and principles of its activities; – the legal status of judges, their rights, duties, appointment procedures, restrictions, guarantees of independence; – organizational and legal basis, principles of organization and activities of the prosecutor's office, internal affairs, anti-corruption service and the Economic Investigation Service, national security agencies, non-state law enforcement bodies (advocacy, notary) in the Republic of Kazakhstan; – specificity of foreign law enforcement agencies; – international norms and standards of human rights in the work of the police. Be able to: – Analyze regulatory legal acts regulating the activities of law enforcement agencies; – to apply normative legal acts, to implement the norms of substantive and procedural law regulating the activities of law enforcement bodies; – carry out legal expertise of draft normative-legal acts that constitute the legal basis for the activities of law enforcement agencies, including with a view to identifying in them provisions promoting the creation of conditions for the manifestation of corruption. Own: – the ability to make the choice of their future profession (specialization in law enforcement agencies), the consciousness of its social significance; – the ability to conscientiously fulfill their professional duties in law enforcement agencies, observe the principles of professional ethics.

205

 

CONTENTS OF MODULE Lecture 1. Subject and course system of the "Law enforcement authorities of the Republic of Kazakhstan" The subject and system of the course "Law enforcement authorities in the Republic of Kazakhstan". The notion of law enforcement activity and its signs. The main directions (functions) of law enforcement activities. System of law enforcement authorities of the Republic of Kazakhstan. Legal acts regulating the activities of law enforcement bodies of the Republic of Kazakhstan. Lecture 2. Judicial power and justice in the Republic of Kazakhstan The concept and functions of the judiciary in the Republic of Kazakhstan. The court as an organ of the judiciary. The notion of justice. Judicial system and status of judges. Classification of vessels in the Republic of Kazakhstan. Jurisdiction of cases in courts. Lecture 3. Judicial system in the Republic of Kazakhstan The concept and structure of the judicial system in the Republic of Kazakhstan. Local courts. The Supreme Court of the Republic of Kazakhstan, its competence. Structure of the Supreme Court of the Republic of Kazakhstan. Organs of the Supreme Court of the Republic of Kazakhstan. Scientific advisory council of the Supreme Court of the Republic of Kazakhstan, its tasks. Specialized courts. Status of judges. The Supreme Judicial Council of the Republic of Kazakhstan, its tasks, composition and powers. Judicial Jury.  

Lecture 4. Organizational provision of court activities Concept and content of organizational support of courts. The bodies that provide organizational support for the courts. Department for ensuring the operation of courts under the Supreme Court (the Office of the Supreme Court of the Republic of Kazakhstan), its competence, structure and organization of activities. On the enforcement proceedings and the status of judicial executors. The bailiff. Lecture 5. Bodies of the Prosecutor's Office of the Republic of Kazakhstan The concept of prosecutorial supervision in the Republic of Kazakhstan. Principles of organization and activities of the prosecutor's office. The main directions and content of the activities of the prosecutor's office. System and organization of the prosecutor's office of the Republic of Kazakhstan. Structure of the General Prosecutor's Office of the Republic of Kazakhstan Improvement of the international legal framework of the prosecution authorities in the fight against crime.

206

 

The prosecutor's offices of the regions and the prosecutor's offices equivalent to them. City, district and equivalent prosecutors. System of legal acts of the prosecutor's office. Acts of prosecutorial supervision and acts of prosecutorial response: their feature and difference. Lecture 6. Organs of Internal Affairs of the Republic of Kazakhstan Legal basis, tasks and organization of activities of the internal affairs bodies of the Republic of Kazakhstan. The concept of a system of internal affairs. Ministry of Internal Affairs of the Republic of Kazakhstan and its structure. National Central Bureau of Interpol of Kazakhstan. The structure of the territorial divisions of the IAO. The main tasks of the criminal police. The main tasks of the administrative police. Lecture 7. Local Police Service The concept, main tasks, functions and structure of the local police. Obligations and rights of IAO officers. Lecture 8. National Anti-Corruption Bureau (Anti-Corruption Service), its tasks and competence The concept, main tasks and powers of the National Anti-Corruption Bureau. Principles of organization and activities of the National Anti-Corruption Bureau. System and organization of activities of the National Anti-Corruption Bureau. Responsibilities and rights of employees of the anti-corruption service. Lecture 9. Economic Investigation Service The concept and main tasks of the Economic Investigation Service. Principles of the Economic Investigation Service. Functions and structure of the Economic Investigation Service. Rights and duties of the employees of the Economic Investigation Service. Lecture 10. Law Enforcement Service of the Republic of Kazakhstan Principles of law enforcement service. Admission to the law enforcement service. The legal status (status) of law enforcement officers. Special ranks, class ranks and qualification classes of law enforcement officers. Lecture 11. Security agencies of the Republic of Kazakhstan The concept of security. The system of bodies ensuring the security of the individual, society and the state. The main directions of security. Security Council of the Republic of Kazakhstan: composition, tasks. Committee of National Security (KNB RK): tasks, basic rights and duties.

207

 

Bodies of foreign intelligence of the Republic of Kazakhstan. The tasks of intelligence activity. Competence of the foreign intelligence agency. Personnel of subjects of foreign intelligence. State Security Service of the President of the Republic of Kazakhstan, its tasks and competence. Lecture 12. Legal assistance and its organization Providing legal assistance to the public. Concept, tasks, legal framework of the notary. Notarial Chamber and its bodies. The concept, objectives, legal framework of the Bar. The Bar Association, its bodies and structural subdivisions. Lecture 13. The main law enforcement institutions and the criminal justice system of the Federal Republic of Germany and the Czech Republic The Federal Republic of Germany. The Federal Police (Bundespolizei), the Land Police (Laenderpolizei) and the Federal Office of the German Criminal Police (Bundeskriminalamt). Functions and powers. Structure and organization. The criminal justice system in Germany. Czech Republic. National Police of the Czech Republic. Priorities and principles. Criminal justice system of the Czech Republic. Lecture 14. Review of police activities and the criminal justice system of the French Republic, the Italian Republic and the Republic of Turkey French Republic. National Police (Police Nationale) and the Gendarmerie Nationale (France). Functions and powers. Structure and organization. Municipal police. The criminal justice system of France. Italian Republic. The State Police (Polizia di Stato), the Corps of Carabineros (Arma dei Carabinieri), the General Command of the Financial Guard (Guardia di Finanza) and the Penitentiary Police (Polizia Penitenziaria) of Italy. Functions and powers. Structure and organization. Police structures of the Provincial (Polizia Provinciale) or the Municipal Police (Polizia Municipale) of Italy. Criminal justice system in Italy. Republic of Turkey. The General Directorate of Police, the Gendarmerie and the Turkish Coast Guard Service. Functions and powers. Structure and organization. General Customs Directorate, its functions and powers. Structure and organization. National Intelligence Organization (MIT: MillIstihbarat Teskilati) of Turkey. Lecture 15. International norms and standards for the observance of human rights in the work of the police Code of Conduct for Law Enforcement Officials (1979). Guidelines for the effective implementation of the Code of Conduct for Law Enforcement Officials (1989). International Code of Conduct for Public Officials (1996). Declaration on the Police (1979). The European Code of Police Ethics (2001).

208

 

CASE STUDIES (case-study method) Case-study method or method of concrete situations (the method of active problem-situational analysis, based on learning by solving specific problems – situations (case solutions). The proposed case provides specific and at the same time relevant issues for the day and situations related to the receipt of law enforcement officers and the powers of law enforcement officers. The questions and the description of the situation affect cases, facts, decisions taken in practice and, possibly, met in the life of the students themselves, requiring them to know the basic legal acts concerning the rights, duties of law enforcement officers and the law of the Republic of Kazakhstan on law enforcement service. The immediate goal of the case-study method is the joint efforts of a group of students to analyze the situation – a case that arises in practice and develop a solution; the end of the process is the evaluation of the proposed algorithms and the choice of the best in the context of the problem posed in the situation. We recommend this method to use not only during practical exercises for fixing lecture material, but also during the second boundary control and examination in accordance with the curriculum. Admission to law enforcement service Question 1: I'm 24 years old. I can serve for health reasons, but I did not serve in the Armed Forces because of domestic circumstances. At the moment I am studying at the last year of the law faculty, I graduated from college with a degree in Finance. Can I get a job in law enforcement? How is the admission to the service in law enforcement? Question 2: I'm 16 years old. I would like to enter the College of the Ministry of Internal Affairs of the Republic of Kazakhstan in Almaty, what do I need for this? Is there a contract with persons who entered the full–time form of training in the organization law enforcement education? What consequences do I expect if I change my mind about working in law enforcement? Question 3: In 2011 I graduated from the Professional Lyceum. Now I would like to enter the Academy of the Ministry of Internal Affairs in Almaty. Is it possible? And where can I go? Question 4: How can I get a job in a DVD? I have a secondary legal education, and at the same time I am currently studying at the third year of the institute on the specialty of jurisprudence, I used to serve in the military unit 6506, where I worked as a youth instructor, then for a time worked in different structures in the civil sphere, I have a perfect computer, I would like to work in the internal affairs bodies, as you can learn about it, I am 31 years old. Seven years ago, for committing an intentional offense, he was brought to administrative punishment in a judicial procedure. Question 5: I'm 37 years old, have higher education in Law. Will I be able to get a job at this age at the police? What are the requirements for candidates for the

209

 

police? Are there any restrictions related to the passage of service in law enforcement? Question 6: I am an employee of the customs authorities, and I want to transfer to the Ministry of Internal Affairs. Tell me, is there a special title for me in the customs authorities? Do I need a probationary period for admission to the law enforcement service in the Ministry of Internal Affairs? Question 7: I live in the city of Atyrau. I have a law degree, and I would like to work in law enforcement agencies of our city. I heard that if there are previously convicted people in the family, then it is not allowed to work in law enforcement agencies, and I also heard that this law has been canceled. Can you clarify this question? In my family, unfortunately, this is, but it was a long time, somewhere 8 years ago, and his age was underage, somewhere around 14-15. Can I go to work in law enforcement? Question 8: I'm going to finish 11 classes. After that I want to go to the police or a special-purpose squad. What do I need to do for this, what documents do I need to collect? Are the concepts of "employee" and "employee" of law enforcement bodies identical, and what is their meaning? What is the procedure for taking oath when entering the service in law enforcement agencies? Question 9: I am a student. Can I apply for a job at the Department of Internal Affairs, in the investigation department after receiving the diploma? And what is required for this? Where should I continue my studies? Question 10: I wish to work in the police. I have served in the army, but I am already 28 years old, there is no higher education, but there is a law college. But I am told that a sergeant is admitted up to 25 years of age and higher education is needed. Is it really? Question 11: I worked in the internal affairs bodies as a captain of the police for the post of district inspector for 7 years, for family reasons 3 years ago was dismissed at will. He worked as a lawyer in private companies. To me now full 35 years. Can I be restored to the internal affairs bodies? Is it necessary to pass the competitive selection? Question 12: Can I resume from the law enforcement bodies after my dismissal at his own request? If it is possible, then, what is needed for this? In what case is it necessary to discuss the candidacy for the position of a policeman with the population of the administrative section? Will I take the oath again? When appointing to the post, will the special rank of senior lieutenant of police be available to me? What will be done with the existing term of service, which is 2 years and 3 months in the rank of a senior police lieutenant? Question 13: What is the procedure for admission to the prosecutor's office, taking into account the fact that I am a native of the Zhambyl region of Taraz? The appeal is addressed to the Public Prosecutor's Office of the North Kazakhstan Region. Question 14: I wanted to know whether it is possible to get into the prosecutor's office, after graduating from the Academy of the Ministry of Internal Affairs of Almaty, where the Department of Internal Affairs of the North Kazakhstan region was sent to study? Now I finish the 4th year. I will work as an investigator. I finish

210

 

with honors, there are no health problems. The appeal is addressed to the Public Prosecutor's Office of the North Kazakhstan Region. Question 15: Is a military ticket for employment required to work in the prosecutor's office? Because of the inability to pass a dermatologist, I was recognized by the regional military registration and enlistment office as unfit for military service. Although on medical examinations in the city military registration and enlistment office was recognized healthy. I would like to know if I can, arrange for the prosecutor's office with such a military ticket? As I understand it, the border guard service, the police, the military unit need a military ticket, because they are serving, aging, etc. Question 16: Hello! Could you clarify the procedure for entering the work in the prosecutor's office? Thank you in advance. Question 17: I am a graduate of the specialty "Jurisprudence". In the future, I want to work in the prosecutor's office. I wanted to prepare in advance for the law, in order to pass the exam. However, I, unfortunately, did not find them. On the website of the Prosecutor General's Office they are also absent. Tell me, please, according to what laws you need to prepare to pass the exam, to work in the prosecutor's office? Question 18: Could you clarify the procedure for applying to the AntiCorruption Service of Kazakhstan? Thank you in advance. Question 19: I have a question about work, I have a master's degree and a military ticket. Can I work in the prosecutor's office? Question 20: Who conducts medical examination of candidates entering the service in law enforcement agencies? What documents and from whom do you need it? Question 21: I have a question, is employment guaranteed after graduation from the Ministry of Internal Affairs of the Republic of Kazakhstan? Question 22: Can I not live in a barracks when entering the college of the Ministry of Internal Affairs? Question 23: I want to enter the Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan in Almaty. Please tell me, is there a state security? And if so, what does it include? Question 24: When entering the Academy of the Ministry of Internal Affairs of Almaty, is it necessary to know the Kazakh language? Powers of law enforcement officers Question 1: In the event that I am stopped by a road police inspector without a badge, do I have to stop and comply with the inspector's requirements and how to check whether the inspector should stand on the road section where I was stopped? Thank you very much in advance. Question 2: Drunk neighbor seriously damaged my new front door. In the apartment at that time there were workers who were doing repairs. By phone contacting the builders, I called the police. Arriving at the place, I waited for the police officers, who went to the police department. There I wrote a statement on the hooligan actions of a drunken neighbor, as by his actions he caused me material

211

damage in the amount of 40,000 tenge. Police officers assured me that they would sort it out. I indicated all my data both in the application and in oral communication with the police. A week has passed, and I have a feeling of despair. Friends, apparently having seen enough, NTV channel, say that the "cops" money was taken off the rowdy, and your application was torn. Please give a legal assessment of the actions of police officers and advise what actions I should take to bring the hooligan to justice. Question 3: Tell me, to whom should I apply for help, if I can not evict lodgers from my apartment. The contract of rent, unfortunately, I did not manage to conclude, because immediately fell ill, having been ill for 9 months. Now I have recovered, I have been trying for a month to force the tenants to pay the rent and leave them from my apartment, in return I hear promises and no action. Forcibly evict lodgers, I can not, so I applied to the district police officer who refused to help me, saying that it was not in his competence. Is it really so? What is the competence of the district police inspector? What should I do? To whom to apply for help? Question 4: I was stopped twice by traffic policemen for allegedly false insurance policy. I did it in Kazakhinstrakh. The first time an employee called me at this company, where he was confirmed that the policy was really formalized for me. The same incident occurred a second time. Is it really impossible to see by politics whether this is a fake or not. Because of this, I was twice late for work. What should you do in such cases? Question 5: It is very incomprehensible to me on what grounds me stops a traffic police officer with the wording "checking documents." This employee suspects me of something? And what about the presumption of innocence? Does it not apply to the traffic police? Why should I waste my time on the unjustified whims of traffic police officers? Is the protocol of an administrative offense filled with one witness (1 witness) valid? Question 6. On 11.05.2018 my son of 1989 was stopped by a police patrol, and he was charged for appearing in a public place in a "drunken state". Today on June 7, 2013, we were summoned to the Internal Affairs Department to pay a fine of 3,041 tenge, which we paid. But I have questions: Is there a law in the Republic of Kazakhstan that prohibits drinking alcohol and appears drunk in public places? He was fined on the basis of Art. 336 of the Code of the Republic of Kazakhstan "On Administrative Offenses". In paragraph 1 of Art. 336 it is written: "... appearance in public places in a drunken state, offending human dignity and public morality." What actions are an insult to human dignity? Should there be written statements from persons whose dignity and how someone insulted them? And the last ... Unfortunately, ordinary citizens are so unprotected from the actions of law enforcement officers that this is their dignity and honor greatly infringed ... Convincingly, please answer all my questions. Sincerely, citizen of the Republic of Kazakhstan. Question 7: Please clarify the following situation, 02.02.2018. the inspector of the traffic police ordered me an administrative fine (8090 tenge), which I paid on 02/02/2018 and showed the inspector a copy of the receipt

212

 

for payment, to which he told me that he was taking the original receipt for payment for an administrative fine, and left a copy of the receipt to me. Are the actions of Sergeant Bakirov lawful for the seizure of the original receipt for payment from me? Question 8: Do police officers have the right to stop during the day, conduct personal searches, take them to the police department, shoot fingerprints of citizens who do not violate public order and follow their own business? Do I always have my ID with me? And if the actions of police officers are illegal, then where can I go? Case 9. I read on the Internet that along with the flow of ethnic Kazakhs to Kazakhstan under the guise of oralmans go Karakalpaks, Uzbeks. From Afghanistan – Khazars, from China, the Uighurs, Kirghiz from Kirghizia, appearing as ethnic Kazakhs, get the status of oralman, thereby deceiving the state. What police service does oralmans do? What are its functions? Case 10. Stop the police on foot or behind the wheel, they have a suspicion (doubt) that the person they stopped, committed an offense and offered to go to the ROVD or for an examination. Question: Does the detainee have the right to call his father, mother, and others and say why he was detained and where he was escorted? Case 11. I meet with a young man who works in Auezov district police department of Almaty. We do not see him literally, due to the fact that his daily work day is from 6.00 am to 11.00 pm, without days off. According to the Labor Code of the Republic of Kazakhstan, the working day is an 8-hour day. In a five-day workweek, employees are given two days off per week, and for a six-day workweek, one day (Chapter 8, Article 96). I ask you to explain why they are late each day late at work, and also whether they are put off the weekend? And also should their extra working hours be paid? What normative legal acts regulate their official activities? Do employees receive an allowance for special titles? Case 12. December 16, 2017 in Almaty, an accident occurred in which my sister was killed. In the car she was with her husband, fastened. He at high speed (I think so) left the turn, after which the car began to throw in the sides, he did not manage the management, as a result of which he threw him into the oncoming lane. As he claims, he did everything. But the impact of the oncoming car fell just in the direction of the passenger. As the autopsy showed, death occurred as a result of traumatic shock, rupture of internal organs. Tell me, please, what are the actions of the internal affairs bodies in this situation? And what punishment can befall a sonin-law? And what do you need from us, relatives? Question 13: Do police officers have the right to stop on the street and conduct personal searches without any valid reasons? Question 14: Do district inspectors have the right to stop vehicles and check documents from drivers? Question 15: Does the traffic police officer have the right to stop the car and ask to present the rights and other documents to the car if the driver did not violate anything. Those. Just stopped, checked the documents, and goodbye, without explaining the reasons for the stop. Is there such a right? I heard that traffic police officers are not allowed to patrol on their unofficial vehicles. Please clarify the situation. Because I was a witness, as an employee stopped the car and fined, coming out of a personal car unexpectedly.

213

 

Question 16: Police, what service can still stop vehicles, except for traffic police? Do the police have the right to use special means and not be held responsible for this? Question 17: Do district inspectors, assigned to educational organizations (school inspectors), conduct raiding activities during the educational process in order to identify piercing-cutting objects, tobacco products, drugs, etc.? Question 18: Explain, please, my friend lost his residence permit to the same expired. Can he restore it and where? Question 19: Hello, I wanted to ask one question, can a district police inspector visit the territory of private property without the consent of the owner? Question 20: where to get a certificate of absence of administrative violations? Question 21: Can you please tell us how we should be in this situation? With us lives drinking father who never worked, who repeatedly underwent treatment at the narcological dispensary, but the results did not give. To date, the situation has become unbearable, it does not give life to the household, often threatens with cold weapons. He began to take out and sell things from home. We live in a private house, he sold in the middle of winter, and drank all the stock of firewood, thereby depriving us of warmth. The district inspector does not react to our statements. Question 22: Do the employees of the Economic Investigation Service have the right to conduct an audit on an anonymous complaint? Question 23: Hello! Tell me, will my prosecutor's office consider my statement of rudeness on the part of police officers if such a statement comes from me or is it a waste of time, as I was told in the police? Thank you! Question 24: I'm 17 years old. I walked along the street and the district police inspector stopped me by spitting on the ground. There were no witnesses. He did not understand the intelligentsia, he did not submit the instruction to me or my parents. Then police officers came to my house and told me that I had been summoned to court on the case of violation of public order. Do I have to go to court and who should take me there? Does the district police inspector have the right to bring an administrative case against me? Which ATS officer can consider a complaint to the district police inspector? Question 25: What is an anonymous appeal? Give an explanation. Is it possible to consider an anonymous request by a law enforcement agency? Question 26: Is it possible to file a complaint with the investigator of the Bostandyk district of Almaty? How can this be done correctly? Where can I find a sample application and what do I need to attach to it?

214

 

TESTS Test questions with answers, one of which is correct, have been developed for topics of lectures 2, 3, 4 and 6, 7. In this training manual in English, the test questions were previously approved by the author in the educational process with bachelor students as the publication of similar editions in Russian in 2013, 2014 and 2017. (correct answers are in italics) 1. The appointment of the judicial authority of the Republic of Kazakhstan is: 1) constitutional review; 2) combating crime; 3) protection of rights, freedoms and legitimate interests of citizens and organizations, as well as enforcement of the Constitution and laws; 4) supervision of legality; 5) all the answers are correct. 2. Justice in the Republic of Kazakhstan shall: 1) the prosecutor's office; 2) the court; 3) the Bar Association; 4) the Commissioner for Human Rights in the Republic of Kazakhstan; 5) all the answers are correct. 3. The form and description of the judicial mantle is approved: 1) the President of the Republic of Kazakhstan; 2) Parliament of the Republic of Kazakhstan; 3) the Government of the Republic of Kazakhstan; 4) Plenary session of the Supreme Court of the Republic of Kazakhstan; 5) there is no correct answer. 4. The system of courts of the Republic of Kazakhstan is headed by: 1) The President of the Republic of Kazakhstan; 2) Chairman of the Supreme Court of the Republic of Kazakhstan; 3) Ministry of Justice of the Republic of Kazakhstan; 4) the Supreme Court of the Republic of Kazakhstan; 5) All answers are correct. 5. The supervision of the activities of all courts of general jurisdiction in the Republic of Kazakhstan shall be carried out by: 1) The Prosecutor General of the Republic of Kazakhstan; 2) Ministry of Justice of the Republic of Kazakhstan; 3) The Supreme Judicial Council; 4) the Supreme Court of the Republic of Kazakhstan; 5) all the answers are correct. 6. The Supreme Court of the Republic of Kazakhstan is: 1) the body exercising constitutional control; 2) the body that oversees compliance with laws;

215

 

3) the body implementing the interpretation of the Constitution of the Republic of Kazakhstan; 4) the court of first instance for a certain category of civil and criminal cases; 5) all the answers are correct. 7. The Supreme Court of the Republic of Kazakhstan is: 1) the body exercising constitutional control; 2) the body that oversees compliance with laws; 3) the body implementing the interpretation of the Constitution of the Republic of Kazakhstan; 4) the body that carries out explanations on issues of judicial practice; 5) all the answers are correct. 8. The plenary session of the Supreme Court of the Republic of Kazakhstan is competent: 1) in the presence of all the judges of the Supreme Court of the Republic of Kazakhstan; 2) if there is a half of the judges of the Supreme Court of the Republic of Kazakhstan; 3) if there is one third of the total number of judges of the Supreme Court of the Republic of Kazakhstan; 4) in the presence of two thirds of the total number of judges of the Supreme Court of the Republic of Kazakhstan; 5) there is no correct answer. 9. The main function of the Plenary Session of the Supreme Court of the Republic of Kazakhstan is: 1) Study of judicial practice and consideration of issues of observance of legality in the administration of justice by the courts of the Republic of Kazakhstan; 2) Providing explanations on judicial practice; 3) Making proposals for improving legislation; 4) Examination of court cases by way of supervision; 5) All answers are correct. 10. The jury of the Supreme Court of the Republic of Kazakhstan is created by: 1) open voting of the members of the Supreme Court of the Republic of Kazakhstan; 2) secret voting by judges of the judicial collegiums of the Supreme Court of the Republic of Kazakhstan; 3) open voting by chairmen of the judicial collegiums of the Supreme Court of the Republic of Kazakhstan; 4) secret voting by chairmen of the judicial collegiums of the Supreme Court of the Republic of Kazakhstan; 5) secret voting of the Plenary Session of the Supreme Court of the Republic of Kazakhstan. 11. The Chairman of the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan exercises the powers: 1) to organize the consideration of court cases by judges; 2) on the organization of work to study and summarize the jurisprudence;

216

 

3) upon submitting information to the plenary session on the activities of the judicial board; 4) presiding over sessions of the judicial board; 5) all the answers are correct. 12. It is not an organ of the Supreme Court of the Republic of Kazakhstan: 1) plenary session; 2) the supervisory board of judges for civil and administrative cases; 3) supervisory judicial board for criminal cases; 4) scientific advisory council; 5) The Supreme Judicial Council of the Republic of Kazakhstan. 13. A member of the Supreme Judicial Council is not: 1) Chairman of the Constitutional Council of the Republic of Kazakhstan; 2) Chairman of the Supreme Court of the Republic of Kazakhstan; 3) The Prosecutor General of the Republic of Kazakhstan; 4) Minister of Justice of the Republic of Kazakhstan; 5) Minister of Internal Affairs of the Republic of Kazakhstan. 14. Judges of the Supreme Court of the Republic of Kazakhstan shall be appointed to the position: 1) the President of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) Parliament of the Republic of Kazakhstan; 4) Senate of the Parliament of the Republic of Kazakhstan; 5) Majilis of the Parliament of the Republic of Kazakhstan. 15. The symbols of the judiciary of the Republic of Kazakhstan do not include: 1) State Flag of the Republic of Kazakhstan; 2) The State Emblem of the Republic of Kazakhstan; 3) portraits of Kazakh biys in the courtroom; 4) mantles, which are worn by judges; 3) there is no correct answer. 16. Indicate the term of office of the Chairman of the Supreme Court of the Republic of Kazakhstan: 1) five years; 2) ten years; 3) fifteen years; 4) twenty years; 5) there is no correct answer. 17. Indicate the term of office of chairmen of the judicial collegiums of the Supreme Court of the Republic of Kazakhstan: 1) five years; 2) ten years; 3) fifteen years; 4) twenty years; 5) there is no correct answer. 18. The Supreme Court of the Republic of Kazakhstan does not have judicial powers:

217

 

1) plenary session of the Supreme Court of the Republic of Kazakhstan; 2) the supervisory board of judges for civil and administrative cases; 3) supervisory judicial board for criminal cases; 4) specialized compounds; 5) there is no correct answer. 19. District and equivalent courts are formed, reorganized and abolished: 1) the President of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) Parliament of the Republic of Kazakhstan; 4) Senate of the Parliament of the Republic of Kazakhstan; 5) Majilis of the Parliament of the Republic of Kazakhstan. 20. The total number of judges for district and equivalent courts is approved: 1) the President of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) Parliament of the Republic of Kazakhstan; 4) Senate of the Parliament of the Republic of Kazakhstan; 5) Majilis of the Parliament of the Republic of Kazakhstan. 21. District courts consider cases: 1) at the first instance; 2) at the second instance; 3) by way of supervision; 4) on appeal; 5) there is no correct answer. 22. The powers of the chairman of a district court include: 1) performing the duties of a judge; 2) organization of consideration of court cases by the judges of the court; 3) conducting a personal reception of citizens; 4) the implementation of the general management of the Chancellery of the District Court; 5) all the answers are correct. 23. Regional courts and courts equal to them are formed, reorganized and abolished: 1) the President of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) Parliament of the Republic of Kazakhstan; 4) Senate of the Parliament of the Republic of Kazakhstan; 5) Majilis of the Parliament of the Republic of Kazakhstan. 24. The bodies of the regional court are: 1) plenary session; 2) Court of Appeal; 3) The Court of Cassation; 4) specialized compounds; 5) all the answers are correct. 25. The bodies of the regional court are not: 1) plenary session; 2) Court of Appeal;

218

 

3) The Court of Cassation; 4) supervisory board of judges in criminal cases; 5) there is no correct answer. 26. The powers of the regional court are: 1) consideration of court cases; 2) examination of judicial practice; 3) consideration of questions of observance of legality in the administration of justice by the courts of the region; 4) control over the activities of the courts of the cities of Astana and Almaty; 5) all the answers are correct. 27. The powers of the chairman of the regional court include: 1) performing the duties of a judge; 2) organization of consideration of court cases by the judges of the court; 3) conducting a personal reception of citizens; 4) implementation of the general management of the regional court chancellery; 5) all the answers are correct. 28. The powers of the chairman of the judicial collegium of the regional court include: 1) performing the duties of a judge; 2) organization of consideration of court cases by judges of the judicial board; 3) presiding at sessions of the judicial board; 4) organization of work on studying and generalization of judicial practice; 5) all the answers are correct. 29. The plenary session of the regional court must be held: 1) monthly; 2) once a quarter; 3) once a year; 4) at least twice a year; 5) there is no correct answer. 30. The powers of the plenary session of the regional court include: 1) establishment of the numerical and personal composition of the corresponding judicial board; 2) hearing the information of the chairman of the regional court; 3) discussion of judicial practice and consideration of questions of observance of legality in the administration of justice by the courts of the region; 4) hearing a report on the activities of the head of the regional court chancery; 5) all the answers are correct. 31. The powers of the plenary session of the regional court do not include: 1) establishment of the numerical and personal composition of the corresponding judicial board; 2) hearing the information of the chairman of the regional court; 3) discussion of judicial practice and consideration of questions of observance of legality in the administration of justice by the courts of the region; 4) consideration of court cases and materials referred to the jurisdiction of the regional court; 5) there is no correct answer.

219

 

32. The plenary session of the regional court is eligible if: 1) one third of the total number of judges of the regional court; 2) at least two-thirds of the total number of judges of the regional court; 3) half of the total number of judges of the regional court; 4) at least fifteen percent of the total number of judges of the regional court; 5) there is no correct answer. 33. The independence of a judge is ensured by: 1) the procedure for the administration of justice provided for by law; 2) the responsibility established by law for intervening in the activity of a judge in the administration of justice; 3) inviolability of the judge; 4) the procedure for appointing to office established by the Constitution and the constitutional law; 5) all the answers are correct. 34. The requirements for a judge include: 1) strict observance of the Constitution; 2) fidelity to the oath; 3) compliance with the requirements of judicial ethics; 4) observance of the secret of the meeting of judges; 5) all the answers are correct. 35. The requirements for candidates for judges include: 1) citizenship of the Republic of Kazakhstan; 2) the presence of a higher legal education; 3) impeccable reputation and the existence of work experience in the legal profession; 4) passing the qualification exam; 5) all the answers are correct. 36. The following requirements do not apply to candidates for judges: 1) citizenship of the Republic of Kazakhstan; 2) the existence of a higher economic education; 3) impeccable reputation and the existence of work experience in the legal profession; 4) passing the qualification exam; 5) there is no correct answer. 37. Work experience as a secretary of the court session, counselor (assistant) of the court, prosecutor, lawyer of the candidate to the judge of the district court is: 1) at least two years; 2) not less than three years; 3) not less than five years; 4) not less than ten years; 5) there is no correct answer. 38. The length of service in the legal profession of a candidate for a judge of a regional court is: 1) at least two years; 2) not less than three years; 3) not less than five years;

220

 

4) not less than fifteen years; 5) there is no correct answer. 39. The work experience in the legal profession of a candidate in a judge of the Supreme Court of the Republic of Kazakhstan is: 1) Not less than five years; 2) Not less than ten years; 3) Not less than fifteen years; 4) Not less than twenty years; 5) There is no correct answer. 40. Selection of candidates for vacant positions of judges of local and other courts is carried out: 1) the Supreme Judicial Council of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) Ministry of Justice of the Republic of Kazakhstan; 4) the Administration of the President of the Republic of Kazakhstan; 5) there is no correct answer. 41. Candidates for vacant positions of judges of local and other courts following the results of the competition for appointment to posts are recommended: 1. To the President of the Republic of Kazakhstan; 2. The Chairman of the Supreme Court of the Republic of Kazakhstan; 3. Minister of Justice of the Republic of Kazakhstan; 4. Chairman of the Constitutional Council of the Republic of Kazakhstan; 42. The candidature for the post of Chairman of the Supreme Court of the Republic of Kazakhstan shall be considered: 1) Parliament of the Republic of Kazakhstan; 2) Ministry of Justice of the Republic of Kazakhstan; 3) the Prosecutor General's Office of the Republic of Kazakhstan; 4) the Supreme Judicial Council of the Republic of Kazakhstan; 5) there is no correct answer. 43. With regard to the Chairman of the Supreme Court of the Republic of Kazakhstan, the suspension of the powers of the judge is carried out: 1) the President of the Republic of Kazakhstan; 2) Chairman of the Constitutional Council of the Republic of Kazakhstan; 3) Chairman of the Senate of the Parliament of the Republic of Kazakhstan; 4) Chairman of the Majilis of the Parliament of the Republic of Kazakhstan; 5) there is no correct answer. 44. Suspension of the powers of a judge in respect of judges of local courts of the Republic of Kazakhstan is carried out: 1) the President of the Republic of Kazakhstan; 2) Chairman of the Supreme Court of the Republic of Kazakhstan; 3) Chairman of the Senate of the Parliament of the Republic of Kazakhstan; 4) Chairman of the Majilis of the Parliament of the Republic of Kazakhstan; 5) there is no correct answer. 45. A judge can be in office until he reaches the age limit: 1) 55 years; 2) 60 years;

221

 

3) 65 years; 4) 70 years; 5) There is no correct answer. 46. The term for the extension of the judge's maximum age is: 1) 3 years; 2) 5 years; 3) 7 years; 4) 10 years; 5) There is no correct answer. 47. In exceptional cases, the judge's term of office shall be extended: 1) the President of the Republic of Kazakhstan; 2) Chairman of the Supreme Court of the Republic of Kazakhstan; 3) Minister of Justice of the Republic of Kazakhstan; 4) Parliament of the Republic of Kazakhstan; 5) Chairman of the Supreme Judicial Council of the Republic of Kazakhstan. 48. The resignation of a judge is terminated in the following cases: 1) committing a crime; 2) at will; 3) termination of citizenship of the Republic of Kazakhstan; 4) his death; 5) all the answers are correct. 49. The resignation of a judge is suspended in the following cases: 1) income for a paid position; 2) joining the governing body of a commercial organization; 3) joining the supervisory board of a commercial organization; 4) carrying out business activities; 5) all the answers are correct. 50. Suspension of the resignation of a judge is carried out: 1) the President of the Republic of Kazakhstan; 2) Chairman of the Supreme Court of the Republic of Kazakhstan; 3) Minister of Justice of the Republic of Kazakhstan; 4) Parliament of the Republic of Kazakhstan; 5) Chairman of the Supreme Judicial Council of the Republic of Kazakhstan. 51. The status and organization of work of the Supreme Judicial Council of the Republic of Kazakhstan are determined by: 1) the Constitution of the Republic of Kazakhstan; 2) the Constitutional Law; 3) the Law; 4) by the Decree of the President of the Republic of Kazakhstan, having the force of law; 5) Resolution of the Parliament of the Republic of Kazakhstan. 52. The jury consists of: 1) three judges; 2) five judges; 3) seven judges; 4) nine judges;

222

 

5) there is no correct answer. 53. The following types of disciplinary punishment can be applied to judges: 1) a remark; 2) reprimand; 3) dismissal of the chairman of the court; 4) dismissal of a judge; 5) all the answers are correct. 54. A judge has the right to: 1) entrepreneurial activity; 2) political activity; 3) public activities; 4) religious activities; 5) there is no correct answer. 55. The organizational and logistical support of the activities of the Supreme Court of the Republic of Kazakhstan is carried out: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) local representative bodies; 4) local executive bodies; 5) there is no correct answer. 56. The organizational and logistical support of the activities of local and other courts of the Republic of Kazakhstan is carried out: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) local representative bodies; 4) local executive bodies; 5) there is no correct answer. 57. The conduct of judicial statistics is carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Government of the Republic of Kazakhstan; 3) local representative bodies; 4) local executive bodies; 5) there is no correct answer. 58. The age of the candidate for jurors is: 1) 18 years; 2) 20 years; 3) 23 years; 4) 25 years; 5) there is no correct answer. 59. The list of candidates for jurors does not include persons: 1) having a previous conviction; 2) military personnel; 3) prosecutors; 4) civil servants; 5) all the answers are correct. 60. The list of candidates for jurors excludes:

223

 

1) persons who have reached the age of 50; 2) persons over 55 years of age; 3) persons over 60 years of age; 4) persons over 65 years of age; 5) there is no correct answer. 61. A juror has the right: 1) to participate in the study of the evidence before the court in order to be able to independently assess the circumstances of the case independently and to give answers to questions that will be put before the jury; 2) ask the participants of the process through the presiding officer; 3) participate in the examination of physical evidence, documents, in the manufacture of inspections of the terrain and premises, in all other actions in the judicial investigation; 4) apply to the chairman for explanations of the norms of the legislation, as well as the contents of the documents announced in the court session and other issues that are incomprehensible to him, relevant to the case; 5) all the answers are correct. 62. A juror must: 1) observe the order in the court session; 2) obey the lawful orders of the presiding; 3) appear at the time indicated by the court for the performance of the duties of a juror, and to continue the trial if a break in the court session is announced or the hearing is postponed; 4) in case of impossibility to appear before the court in advance to notify the presiding judge about the reasons for non-appearance. 5) all the answers are correct. 63. A juror is not entitled to: 1) to leave the courtroom during the hearing of the case; 2) to come into contact during the hearing of cases by persons who are not members of the court, without the permission of the presiding judge; 3) collect information during the proceedings outside the court session; 4) disclose information about circumstances that became known to him in connection with his participation in a closed court session, and also violate the secrecy of the advisory room; 5) all the answers are correct. 64. Organizational support for the activities of oblast and equivalent courts in Kazakhstan is provided by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 3) The Supreme Judicial Council; 4) local representative and executive body; 5) all the answers are correct. 65. Material and technical and other support for the activities of regional courts and courts equated with them in Kazakhstan carries out: 1) Ministry of Justice of the Republic of Kazakhstan;

224

 

2) The Supreme Judicial Council; 3) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) local representative and executive body; 5) all the answers are correct. 66. Organizational support for the activities of district and equivalent courts in Kazakhstan is provided by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) The Supreme Judicial Council; 3) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) local representative and executive body; 5) all the answers are correct. 67. The material and technical and other support for the activities of district and equivalent courts in Kazakhstan is carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) The Supreme Judicial Council; 3) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) local representative and executive body; 5) all the answers are correct. 68. Organizational and methodical management of bailiffs in Kazakhstan carries out: 1) Ministry of Justice of the Republic of Kazakhstan; 2) The Supreme Judicial Council; 3) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) local representative and executive body; 5) all the answers are correct. 69. The execution of executive documents of the courts of the Republic of Kazakhstan shall be carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 3) local representative body; 4) local executive body; 5) all the answers are correct. 70. The organization of works on accounting, storage, appraisal and further use of property converted (received) to the republican property on separate grounds in the Republic of Kazakhstan is carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 3) local representative body; 4) local executive body; 5) all the answers are correct.

225

 

71. The work experience of the applicant for the position of bailiff is: 1) one year; 2) not less than two years; 3) not less than three years; 4) not less than five years; 5) there is no correct answer. 72. The age of the applicant for the position of bailiff is: 1) Twenty years; 2) twenty five years; 3) twenty seven years; 4) thirty years; 5) there is no correct answer. 73. Control over the activity of the bailiff is carried out by: 1) The Ministry of Justice of the Republic of Kazakhstan and its territorial bodies; 2) Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 3) local representative bodies; 4) local executive bodies; 5) all the answers are correct. 74. The judicial executor has the right: 1) make decisions on matters relating to performance; 2) draw up protocols on administrative offenses; 3) receive the necessary information; 4) apply to the court for an explanation; 5) all the answers are correct. 75. Examination of opened premises and storage facilities the bailiff is entitled to: 1) alone; 2) in the presence of a district police inspector; 3) in the presence of the owners of premises and storages; 4) in the presence of witnesses; 5) all the answers are correct. 76. The bailiff service includes: 1) in the judicial system of the Republic of Kazakhstan; 2) to the system of the prosecutor's office of the Republic of Kazakhstan; 3) in the system of internal affairs bodies of the Republic of Kazakhstan; 4) in the system of the Ministry of Justice of the Republic of Kazakhstan; 5) there is no correct answer. 77. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) maintain public order in courtrooms; 3) take measures for the timely execution of executive documents; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions;

226

 

5) there is no correct answer. 78. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) maintain public order during the execution by the bailiffs of enforcement actions; 3) take measures for the timely execution of executive documents; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 79. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) exercise control over the execution of sentences not related to deprivation of liberty; 3) take measures for the timely execution of executive documents; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 80. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) assist the court in the performance of procedural actions; 3) take measures for the timely execution of executive documents; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 81. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) ensure the protection of court buildings; 3) take measures for the timely execution of executive documents; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 82. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) take measures for the timely execution of executive documents; 3) ensure the protection of judges and other participants in the process;

227

 

4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 83. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) take measures for the timely execution of executive documents; 3) ensure the protection of judicial executors; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 84. A bailiff to ensure the established order of the activities of the courts is obliged: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) take measures for the timely execution of executive documents; 3) ensure the protection of persons participating in executive actions at the time of the commission of these actions; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 85. A bailiff to ensure the established procedure for the operation of ships is obliged to: 1) take a self-challenge if it is interested in the course of the enforcement proceedings; 2) take measures for the timely execution of executive documents; 3) to assist judicial executors in compulsory execution of executive documents of courts and other bodies; 4) to consider the applications of the parties regarding the enforcement proceedings and their motions; 5) there is no correct answer. 86. Bailiffs in the Supreme Court of the Republic of Kazakhstan are appointed to the post: 1) Minister of Justice of the Republic of Kazakhstan; 2) the Chairman of the Supreme Judicial Council; 3) the head of the Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) the head of the local executive body; 5) there is no correct answer. 87. Organizational and methodical management of bailiffs' activities in the Supreme Court and territorial subdivisions are carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) local courts of the Republic of Kazakhstan; 4) Department for ensuring the activities of the courts and the Chancery; 5) there is no correct answer.

228

 

88. The work of bailiffs is organized by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) the local court of the Republic of Kazakhstan; 4) Department for ensuring the operation of courts and the chancellery of local courts; 5) there is no correct answer. 89. The training of bailiffs and their professional training involves: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) the local court of the Republic of Kazakhstan; 4) Department for ensuring the operation of courts and the chancellery of local courts; 5) there is no correct answer. 90. Generalization of the practice of bailiffs performs: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) the local court of the Republic of Kazakhstan; 4) Department for ensuring the operation of courts and the chancellery of local courts; 5) there is no correct answer. 91. Record keeping of bailiffs is carried out by: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) Department for the operation of courts and the chancellery of local courts; 4) the local court of the Republic of Kazakhstan; 5) there is no correct answer. 92. Material and technical support of bailiffs' units performs: 1) Ministry of Justice of the Republic of Kazakhstan; 2) the Supreme Court of the Republic of Kazakhstan; 3) Department for the operation of courts and the chancellery of local courts; 4) the local court of the Republic of Kazakhstan; 5) there is no correct answer. 93. By age, a candidate for bailiffs should be: 1) an eighteen-year-old; 2) a twenty-year-old; 3) not younger than twenty-one years; 4) a twenty-five year old; 5) there is no correct answer. 94. The control over the activity of bailiffs in the Supreme Court and territorial subdivisions shall be carried out by: 1) The Supreme Court of the Republic of Kazakhstan; 2) Department for ensuring the operation of courts and the chancellery of local courts; 3) The Ministry of Justice and its territorial bodies; 4) the local court of the Republic of Kazakhstan; 5) there is no correct answer. 95. Bailiffs in the Supreme Court of the Republic of Kazakhstan are dismissed: 1) Minister of Justice of the Republic of Kazakhstan;

229

 

2) the Chairman of the Supreme Judicial Council; 3) the head of the Department for ensuring the operation of courts under the Supreme Court of the Republic of Kazakhstan; 4) the head of the local executive body; 5) there is no correct answer. 96. Who heads the system of internal affairs bodies? 1. The President of the Republic of Kazakhstan; 2. The Prime Minister of the Republic of Kazakhstan; 3. The Prosecutor General of the Republic of Kazakhstan; 4. Minister of Internal Affairs of the Republic of Kazakhstan; 5. None of the statements are correct. 97. Who appoints and dismisses the Minister of Internal Affairs of the Republic of Kazakhstan? 1. The President of the Republic of Kazakhstan; 2. The Prime Minister of the Republic of Kazakhstan; 3. The Government of the Republic of Kazakhstan; 4. The Parliament of the Republic of Kazakhstan; 5. None of the statements are correct. 98. Who appoints and dismisses the Commander-in-Chief from the internal forces? 1. The President of the Republic of Kazakhstan; 2. The Prime Minister of the Republic of Kazakhstan; 3. The Government of the Republic of Kazakhstan; 4. The Parliament of the Republic of Kazakhstan; 5. Minister of Internal Affairs of the Republic of Kazakhstan. 99. Who determines the composition of the collegium of the Ministry of Internal Affairs of the Republic of Kazakhstan? 1. The President of the Republic of Kazakhstan; 2. The Prime Minister of the Republic of Kazakhstan; 3. The Parliament of the Republic of Kazakhstan; 4. Minister of Internal Affairs of the Republic of Kazakhstan. 5. None of the statements are correct. 100. Who determines the structure of the central apparatus of the Ministry of Internal Affairs of the Republic of Kazakhstan? 1. The President of the Republic of Kazakhstan; 2. The Prime Minister of the Republic of Kazakhstan; 3. The Parliament of the Republic of Kazakhstan; 4. Minister of Internal Affairs of the Republic of Kazakhstan. 5. None of the statements are correct. 101. Which of the structures carries out information and analytical support for the activities of the Minister of Internal Affairs of the Republic of Kazakhstan? 1. Department of personnel work; 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Headquarters (department).

230

 

102. Which of the structures carries out a comprehensive analysis of the activities of the internal affairs bodies and develops management decisions of the Minister of Internal Affairs of the Republic of Kazakhstan? 1. The Legal Department; 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Headquarters (department). 103. Which of the structures organizes and conducts sessions of the MVD Collegium, operational and hardware meetings under the Ministry of Internal Affairs of the Republic of Kazakhstan? 1. The Legal Department; 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Headquarters (department). 104. Which of the structures forms the reference and information fund of the Ministry of Internal Affairs of the Republic of Kazakhstan? 1. The Legal Department; 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Headquarters (department). 105. Which of the structures organizes zonal control and inspection of the operational and official activities of territorial departments of internal affairs and transport? 1. Headquarters (department); 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Department of Human Resources. 106. Which of the structures organizes training and implements the activities of the Ministry of Internal Affairs of the Republic of Kazakhstan to develop foreign relations with law enforcement agencies of foreign states? 1. Headquarters (department); 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Department of Human Resources. 107. Which of the structures provides organizational support and coordination of the activities of the system of internal affairs bodies in the field of international cooperation, as well as international legal work? 1. Headquarters (department); 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Department of Human Resources.

231

 

108. Which of the structures takes measures to ensure compliance with the norms of the State Protocol when the Ministry carries out activities in the field of international cooperation? 1. Headquarters (department); 2. Department of Operational Planning; 3. Management of documentation support; 4. Internal Control Department; 5. Department of Human Resources. 109. Documents sent on behalf of the Headquarters to other structural subdivisions of the Ministry of Internal Affairs on issues within the competence of the Headquarters are signed: 1. Head of the Legal Department; 2. Head of the Operational Planning Department; 3. Head of the Office of Documentation Support; 4. Head of the Internal Control Department; 5. Chief of Staff (Department). 110. The military police units are composed of: 1. The administrative police; 2. The criminal police; 3. Military investigative bodies; 4. Special body of the Ministry of Internal Affairs of the Republic of Kazakhstan to ensure law and order in the internal troops; 5. None of the statements are correct. 111. What unit is responsible for analyzing information on the socio-economic, demographic and other processes that are taking place in the country, affecting the state of the rule of law, the dynamics and structure of crime? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 112. What unit is entrusted with a comprehensive study of the operational situation in the republic, oblasts, cities, districts? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 113. What unit is involved in the prevention and detection of crimes related to organized crime? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters

232

 

114. Which unit conducts operational activities aimed at identifying criminal acts of organized criminal groups? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters – management 115. Which unit conducts operational activities aimed at dismantling the criminal acts of organized criminal groups? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 116. Which unit conducts operational activities aimed at eradicating the criminal acts of organized criminal groups? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 117. Which unit is involved in the investigation of ordinary criminal cases? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 118. Which unit registers, records and controls the operational accounting records in the relevant departments of the Internal Affairs Department? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Headquarters 5. Information Technology Department 119. What unit does the registration, accounting and control of the persons in charge of the relevant ATS units undergoing operational accounting take place? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Headquarters 5. Information Technology Department 120. What unit is involved in crime prevention? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police

233

 

5. Headquarters 121. What unit is involved in the prevention of offenses? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 122. What unit provides public safety of carrying out of cultural-mass actions? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters 123. What unit carries out patrolling in the areas entrusted to them? 1. Management of criminal police 2. Investigation Department 3. The Office for Combating Organized Crime 4. Administration of the administrative police 5. Headquarters – management 124. What unit is involved in the detection of crimes? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. Headquarters 125. What unit is involved in the suppression of crimes? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. Headquarters 126. What unit is involved in the detection of crimes? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. Headquarters 127. What unit is involved in the search for criminals? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. Headquarters 128. What unit is involved in locating missing persons? 1. Management of criminal police 2. Investigation Department

234

 

3. Information and Analytical Center 4. Administration of the administrative police 5. Headquarters 129. What division of the DIA is engaged in passport work? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. The Migration Police Department 130. Which division of the DIA is engaged in visa work? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. The Migration Police Department 131. What department of the Department of Internal Affairs is engaged in control over observance by foreign citizens and stateless persons of the rules of stay on the territory of the Republic of Kazakhstan? 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. The Migration Police Department 132. Police precincts are a structural unit: 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. The local police 5. The Migration Police Department 133. The following are involved in the documentation and registration of the population in the DIA: 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. The Migration Police Department 134. The reception of documents in the field of documenting the population in the CSCs is handled by the police: 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Administrative Police Department 5. Migration Police Directorates 135. The following are involved in providing security for objects subject to compulsory state protection against criminal and other encroachments in the DIA: 1. Management of criminal police

235

 

2. Investigation Department 3. Information and Analytical Center 4. Administration of the administrative police 5. Office of the specialized security service 136. Not part of the administrative police: 1. criminal police services 2. Services of police precinct inspectors 3. assistants to police precinct inspectors 4. Foot patrols of the patrol police 5. Autopatrols 137. Receiving distributors and special receivers of the internal affairs bodies are structural subdivisions: 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. The local police 5. Migration Police Directorates 138. The road police patrol, is a structural unit: 1. Management of criminal police 2. Investigation Department 3. Information and Analytical Center 4. Migration Police Directorates 5. The local police 139. Firms operating to protect objects and apartments of citizens are registered: 1. The Criminal Police Department of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. OGSO DVD 140. Provides, in accordance with the established procedure, the registration, recording, storage and issue of materials for which decisions were made to refuse to institute criminal proceedings by the divisions of the DIA: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. OGSO DVD 141. It collects, accumulates, processes and analyzes statistical information on the activities of the internal affairs bodies, summarizes information with the results of the analysis and submits them to the DIA management: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. OGSO DVD

236

 

142. Provides archival references to individuals and legal entities on the basis of documents: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. OGSO DVD 143. Interacts with the Office of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan on improving state legal statistics and special accounts: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. OGSO DVD 144. Reception, processing, registration and storage of information on crimes and incidents arriving via channel "102" carries out: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. Center for Operational Management of the Department of Internal Affairs 145. Ensuring the prompt response of existing complex police forces to incoming calls to the "102" line, the adoption of urgent measures to uncover crimes on duty day is carried out by: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. Center for Operational Management of the Department of Internal Affairs 146. The analysis and assessment of the operational situation in the region, the development of proposals on measures to combat crime, timely adjustment of the complex police forces is engaged in: 1. Office of the Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administration of the administrative police of the Department of Internal Affairs 5. Center for Operational Management of the Department of Internal Affairs 147. Units for the protection of women from violence are part of: 1. Department of Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. The local police 5. Center for Operational Management of DVD

237

 

148. Department of organizational and preventive work and control, is a structural unit: 1. Department of Criminal Police of the Department of Internal Affairs 2. Investigation Department of the Department of Internal Affairs 3. Information and Analytical Center of DVD 4. Administrative Police Department of the Department of Internal Affairs 5. Center for Operational Management of DVD 149. The department in the structure of the Ministry of Internal Affairs of the Republic of Kazakhstan is not ... 1. Departments of the Criminal Police Department 2. Units of the Committee for Emergency Situations 3. Subdivisions of the Administrative Police Committee 4. Subdivisions of the Committee of the Penitentiary System 5. Subdivisions of the National Guard of the Republic of Kazakhstan 150. Who exercises direct leadership of the Internal Troops in the Republic of Kazakhstan? 1. The Supreme Commander-in-Chief of the Armed Forces of the country 2. The Commander-in-Chief of the Air Defense Forces of the Armed Forces of the Republic of Kazakhstan 3. The Commander-in-Chief of the Navy of the Armed Forces of the Republic of Kazakhstan 4. The Commander-in-Chief of the Land Forces of the Armed Forces of the Republic of Kazakhstan 5. The Commander-in-Chief of the National Guard of the Republic of Kazakhstan 151. What kind of military organization is represented by the National Guard of the Republic of Kazakhstan? 1. Ground Forces 2. Air Defense Forces 3. Naval Forces 4. Interior Ministry Internal Troops 5. Troops of the Ministry of Emergency Situations 152. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) protection of correctional facilities; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 153. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) control and supervision of the behavior of persons held in correctional institutions; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 154. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation

238

 

2) Protection of Correctional Facilities 3) Control and supervision of the behavior of convicted women held in prisons 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 155. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision of the behavior of juvenile convicts held in prisons 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 156. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision of the behavior of convicts held in prisons 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 157. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision of the behavior of convicts held in pre-trial detention centers 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 158. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision of the behavior of citizens who are on the territory of correctional institutions 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 159. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision of the behavior of citizens who are in the territory of prisons 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs 160. Indicate what is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Protection of Correctional Facilities 3) Control and supervision over the behavior of citizens who are on the territory of pre-trial detention centers 4) Convoying convicts and persons detained in custody 5) Protection of public order together with the bodies of internal affairs

239

 

161. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Suppression of mass and group violations of public order 3) Convoying convicts and persons detained in custody 4) Protection of public order together with the bodies of internal affairs 5) Protection of correctional facilities intended for serving sentences of convicted women 162. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Suppression of mass and group violations of public order 3) Convoying convicts and persons detained in custody 4) Protection of public order together with the bodies of internal affairs 5) Protection of correctional facilities intended for serving sentences of convicted minors 163. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Suppression of mass and group violations of public order 3) Convoying convicts and persons detained in custody 4) Protection of public order together with the bodies of internal affairs 5) Protection of prisons 164. What is not a function of the National Guard of the Republic of Kazakhstan? 1) Protection of important state objects and special cargo during transportation 2) Suppression of mass and group violations of public order 3) Convoying convicts and persons detained in custody 4) Protection of public order together with the bodies of internal affairs 5) Protection of remand centers 165. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) the fight against illegal armed groups; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 166. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) suppression of especially dangerous offenses; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 167. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) suppression of sabotage; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 168. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation;

240

 

2) suppression of acts of terrorism; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 169. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) suppression of armed clashes; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 170. The National Guard of the Republic of Kazakhstan carries out: 1) protection of important state facilities and special cargo during transportation; 2) disengagement of the opposing sides; 3) convoying prisoners and persons in custody; 4) protection of public order together with the bodies of internal affairs; 5) all the answers are correct. 171. The right to appoint and dismiss the Commander–in–Chief of the National Guard of Kazakhstan has the right: 1. The President of the Republic of Kazakhstan 2. Chairman of the Senate of the Parliament of the Republic of Kazakhstan 3. Chairman of the Majilis of the Parliament of the Republic of Kazakhstan 4. Minister of Defense of the RK 5. Minister of Internal Affairs of the Republic of Kazakhstan 172. The management of the combat activities of the National Guard of the Republic of Kazakhstan carries out: 1. The Prime Minister 2. The Minister of Defense 3. Minister of the Interior 4. Commander-in-Chief of the National Guard of the Republic of Kazakhstan 5. All answers are correct. 173. The main body of military management of the National Guard of the Republic of Kazakhstan in peacetime and in time of war is: 1. General Staff of the Armed Forces of the Republic of Kazakhstan 2. Department of Operational Planning of the Ministry of Internal Affairs 3. Headquarters of the Ministry of Internal Affairs 4. Internal Control Department of the Ministry of Internal Affairs 5. Main Command of Internal Troops – Committee of Internal Troops 174. The organizational structure of the National Guard of Kazakhstan states: 1. Administration of the President of the Republic of Kazakhstan 2. The Government of the Republic of Kazakhstan 3. Ministry of Internal Affairs of the Republic of Kazakhstan 4. Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. General Staff of the Armed Forces of the Republic of Kazakhstan 175. The limit of the staff of the National Guard of Kazakhstan states: 1. Administration of the President of the Republic of Kazakhstan

241

 

2. The Government of the Republic of Kazakhstan 3. Ministry of Internal Affairs of the Republic of Kazakhstan 4. Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. General Staff of the Armed Forces of the Republic of Kazakhstan 176. The dislocation of the National Guard of Kazakhstan states: 1. Administration of the President of the Republic of Kazakhstan 2. The Government of the Republic of Kazakhstan 3. Ministry of Internal Affairs of the Republic of Kazakhstan 4. Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. General Staff of the Armed Forces of the Republic of Kazakhstan 177. The recruitment of the National Guard of Kazakhstan by reserve officers, servicemen undergoing military service under contract and conscription, performs: 1. The Parliament of the Republic of Kazakhstan 2. The Government of the Republic of Kazakhstan 3. Ministry of Internal Affairs of the Republic of Kazakhstan 4. Ministry of Defense of the Republic of Kazakhstan 5. General Staff of the Armed Forces of the Republic of Kazakhstan 178. The operational management of the service-combat activities of the National Guard of Kazakhstan, carries out: 1. Minister of the Interior 2. Head of the Department of Operational Planning of the Ministry of Internal Affairs 3. The Chief of Staff of the Ministry of Internal Affairs 4. Minister of Defense 5. Chief of the General Staff of the Armed Forces of the Republic of Kazakhstan Question 179. The operational-strategic body of military management of the National Guard of the Republic of Kazakhstan is: 1. Ministry of Internal Affairs of the Republic of Kazakhstan 2. Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. The Ministry of Defense of the Republic of Kazakhstan 4. General Staff of the Armed Forces of the Republic of Kazakhstan 5. Main Command of Internal Troops – Committee of Internal Troops 180. The structure of the penitentiary system of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Correctional facilities 2. Investigation isolators 3. Educational organizations 4. Republican state enterprises 5. All answers are correct 181. The structure of the penitentiary system of the Committee of the Criminal Execution System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Correctional facilities 2. Investigation isolators

242

 

3. Penitentiary Inspections 4. Republican state enterprises 5. All answers are correct 182. The main tasks of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan are: 1) implementation of state policy in the sphere of execution of criminal penalties; 2) ensuring law and order and law in the bodies and institutions that carry out criminal penalties; 3) organization of correction of convicts; 4) ensuring the observance of the rights and legitimate interests of suspects, accused and convicted persons; 5) all the answers are correct. 183. The main task of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan is: 1) identification, disclosure, suppression and prevention of crimes; 2) the organization and execution of the search for persons who have fled from the investigation, inquiry and trial; 3) the organization and implementation of the search for persons who evade the execution of criminal punishment; 4) the organization and implementation of the search for missing persons; 5) implementation of state policy in the sphere of execution of criminal penalties. 184. The main task of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan is: 1) identification, disclosure, suppression and prevention of crimes; 2) the organization and execution of the search for persons who have fled from the investigation, inquiry and trial; 3) the organization and implementation of the search for persons who evade the execution of criminal punishment; 4) the organization and implementation of the search for missing persons; 5) ensuring law and order and law in the bodies and institutions that carry out criminal penalties. 185. The main task of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan is: 1) identification, disclosure, suppression and prevention of crimes; 2) the organization and execution of the search for persons who have fled from the investigation, inquiry and trial; 3) the organization and implementation of the search for persons who evade the execution of criminal punishment; 4) the organization and implementation of the search for missing persons; 5) organization of correction of convicts. 186. The main task of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan is: 1) identification, disclosure, suppression and prevention of crimes; 2) the organization and execution of the search for persons who have fled from the investigation, inquiry and trial;

243

 

3) the organization and implementation of the search for persons who evade the execution of criminal punishment; 4) the organization and implementation of the search for missing persons; 5) ensuring the observance of the rights and legitimate interests of suspects, accused and convicted persons. 187. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure 5. Headquarters-Management 188. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure 5. Management of the regime, supervision and protection 189. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure 5. Management of investigative isolators and special records 190. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure 5. Resource management 191. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure 5. Department for the Management of Penitentiary Inspections 192. The structure of the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan includes: 1. Department for the Development of Criminal Groups and Communities 2. Department for the disclosure of particularly dangerous crimes 3. The Office for Combating Extremism and Criminal Terrorism 4. Department for the Protection of Participants in Criminal Procedure

244

 

5. Department of Labor Organization of Convicts 193. The Office for the Development of Criminal Groups and Communities is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 194. The Office for the Disclosure of Hazardous Crimes is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 195. The Office for Combating Extremism and Criminal Terrorism is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 196. The Division for the Protection of Participants in the Criminal Process is the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan

245

5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 197. The Office for the organization of the disclosure of crimes against an individual is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 198. The Office for the organization of disclosure of property crimes is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 199. The Office of Criminal Investigation is a structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 200. The Office of the organization of combating crimes in the field of information technology is the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan

246

 

5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 201. Specially created regional offices for combating organized crime are a feature of structural divisions: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal–Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 202. The Southern Regional Office for Combating Organized Crime is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 203. The Western Regional Office for Combating Organized Crime is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 204. The management of the zonal control and organization of the preliminary investigation is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan

247

 

4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 205. The Control and Methodological Department is a structural subdivision: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 206. The management of the analytical work of the preliminary investigation is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 207. The management of the organization of the work of inquiry is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 208. The Office of Investigation of Organized Crime is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan

248

 

4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 209. The Office for Investigation of Hazardous Crimes is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 210. The Office for Investigation of Grave and Property Crimes is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 211. The Office of Investigation of Military Crimes is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 212. The Investigation Organization Department at the regime and specially protected facilities is a structural subdivision: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan

249

 

4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 213. The Department of Chief Investigators for particularly important cases is a structural unit: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 214. The management of preventive activities is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 215. The patrol police department is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 216. The management of licensing and authorization work is included in the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan

250

 

4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 217. The migration police administration is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 218. The Office of Citizenship and Immigration is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 219. The Office of the State Security Service is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 220. The Office of the Special Police is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan

251

 

5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 221. The management of special institutions is part of the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 222. Administrative management is available in the structure: 1. The Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan 4. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. All answers are correct. 223. During what period does the head of the local police exercise the powers? 1. Within 3 years 2. Within 5 years 3. Within 10 years 4. Within 15 years 5. Indefinitely 224. To what post in the police department does the position of the head of the local police equal? 1. To the post of the head of the territorial body 2. To the post of deputy head of the territorial body 3. To the post of the head of the department in the territorial body 4. To the post of Chief of the Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. To the post of Deputy Chief of the Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 225. Coordination by the local police is entrusted to: 1. Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan 2. Department for Combating Drug Trafficking and Drug Control of the Ministry of Internal Affairs of the Republic of Kazakhstan 3. Committee of the Criminal-Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan

252

 

4. Investigation Department of the Ministry of Internal Affairs of the Republic of Kazakhstan 5. Department of Criminal Police of the Ministry of Internal Affairs of the Republic of Kazakhstan 226. Which subdivision of law enforcement agencies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. District police inspectors; 4. On combating organized crime; 5. To combat drug trafficking. 227. Which subdivision of the internal affairs bodies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. On combating organized crime; 4. To combat drug trafficking; 5. In cases of minors. 228. Which subdivision of the internal affairs bodies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. Protect women from violence; 4. On combating organized crime; 5. To combat drug trafficking. 229. Which subdivision of law enforcement agencies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. The road police patrol; 4. On combating organized crime; 5. To combat drug trafficking. 230. Which subdivision of the internal affairs bodies is part of the local police service structure? 1. Operational planning; 2. The environmental police; 3. The criminal police; 4. On combating organized crime; 5. To combat drug trafficking. 231. Which subdivision of law enforcement agencies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. On combating organized crime; 4. To combat drug trafficking; 5. Receiver-distributors.

253

 

232. Which subdivision of law enforcement agencies is part of the local police service structure? 1. Operational planning; 2. The criminal police; 3. On combating organized crime; 4. To combat drug trafficking; 5. Special receivers. 233. The tasks of the local police service are: 1. Disclosure of crimes; 2. Prevention of offenses; 3. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 4. The organization and implementation of the search for persons evading the execution of criminal punishment; 5. Organization and implementation of the search for persons, missing persons and other persons. 234. The tasks of the local police service are: 1. Disclosure of crimes; 2. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 3. Protection of public order; 4. The organization and implementation of the search for persons evading the execution of criminal punishment; 5. All answers are correct. 235. The tasks of the local police service are: 1. Disclosure of crimes; 2. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 3. The organization and implementation of the search for persons evading criminal punishment; 4. Ensuring road safety; 5. All answers are correct. 236. The tasks of the local police service are: 1. Disclosure of crimes; 2. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 3. The organization and implementation of the search for persons evading criminal punishment; 4. Proceedings in cases of administrative offenses; 5. All answers are correct. 237. The tasks of the local police service are: 1. Disclosure of crimes; 2. Prevention and suppression of criminal offenses; 3. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial;

254

 

4. The organization and implementation of the search for persons evading the execution of criminal punishment; 5. All answers are correct. 238. The tasks of the local police service are: 1. Disclosure of crimes; 2. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 3. Pre-trial investigation of criminal offenses in a protocol form; 4. The organization and implementation of the search for persons evading the execution of criminal punishment; 5. All answers are correct. 239. The tasks of the local police service are: 1. Disclosure of crimes; 2. The organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and trial; 3. The organization and implementation of the search for persons evading criminal punishment; 4. The maintenance of persons in the receiver-distributors and special receivers of the internal affairs bodies; 5. All answers are correct. 240. The function of the local police service is to: 1. A set of measures aimed at identifying, studying, eliminating the causes and conditions conducive to the commission of offenses; 2. A set of measures to investigate crimes; 3. The search for persons hiding from the bodies of inquiry, investigation and trial; 4. Search of persons who evade the execution of criminal punishment; 5. All answers are correct. 241. The function of the local police service is to: 1. A set of measures to investigate crimes; 2. Set of measures to protect public order; 3. The search for persons hiding from the bodies of inquiry, investigation and trial; 4. Search of persons who evade the execution of criminal punishment; 5. All answers are correct. 242. The function of the local police service is to: 1. A set of measures to investigate crimes; 2. The search for persons hiding from the bodies of inquiry, investigation and trial; 3. State control and supervision of traffic and ensuring its security; 4. Search of persons who evade the execution of criminal punishment; 5. All answers are correct. 243. The function of the local police service is to: 1. A set of measures to investigate crimes; 2. The search for persons hiding from the bodies of inquiry, investigation and trial;

255

 

3. Search of persons who evade the execution of criminal punishment; 4. Proceedings in cases of administrative offenses; 5. All answers are correct. 244. The function of the local police service is to: 1. A set of measures to investigate crimes; 2. Investigation of criminal offenses; 3. The search for persons hiding from the bodies of inquiry, investigation and trial; 4. Search of persons who evade the execution of criminal punishment; 5. All answers are correct. 245. The function of the local police service is to: 1. A set of measures to investigate crimes; 2. The search for persons hiding from the bodies of inquiry, investigation and trial; 3. Search of persons who evade the execution of criminal punishment; 4. Ensuring the admission and conditions of detention of persons subject to administrative arrest and persons who do not have a specific place of residence and (or) identity documents; 5. All answers are correct. 246. The functions of the local police service include: 1. Implementation of a set of measures aimed at identifying, studying, eliminating the causes and conditions that contribute to the commission of offenses; 2. Implementation of a set of measures to protect public order; 3. Implementation of state control and supervision of traffic and ensuring its safety; 4. Implementation of proceedings in cases of administrative offenses; 5. All answers are correct. 247. The functions of the local police service include: 1. Implementation of a set of measures aimed at identifying, studying, eliminating the causes and conditions that contribute to the commission of offenses; 2. Implementation of the investigation of criminal offenses; 3. Implementation of a set of measures to protect public order; 4. Implementation of proceedings in cases of administrative offenses; 5. All answers are correct. 248. The general period for consideration of candidacies for the posts of the chiefs of the LPS by the akims of the regions, cities of republican importance, the capital should not exceed: 1. Seven calendar days, from the moment of submission to the akimat of representation of law-enforcement bodies; 2. Fifteen calendar days, from the moment of submission to the akimat of the representation of the internal affairs bodies; 3. Thirty calendar days, from the moment of submission to the akimat of the representation of the bodies of internal affairs; 4. Forty calendar days, from the moment of submission to the akimat of the representation of the internal affairs bodies; 5. Sixty calendar days, from the moment of submission to the akimat of representation of law-enforcement bodies. 249. The powers of the Chief of the LPS include:

256

 

1. Report once a quarter before representative and executive bodies, once a year – before the population; 2. To report at least six times a year before representative and executive bodies, once a year – before the population; 3. To report at least three times a year before representative and executive bodies, once a year – before the population; 4. To report at least twice a year before representative and executive bodies, once a year – before the population; 5. To report at least twice a year before representative and executive bodies, twice a year – before the population. 250. The powers of the Chief of the LPS include the coordination of procedural documents on pre-trial investigations: 1. In cases of crimes; 2. In cases of criminal offenses; 3. In all cases of criminal offenses; 4. In cases where the inquiry is mandatory; 5. In the protocol form for criminal offenses. 251. The document, which is brought Akim of the region, city of republican significance, the capital of the appointment of LPSdistrict chiefs, district in the city, called the city of regional significance: 1. Application; 2. A report; 3. Reporting; 4. Representation; 5. Prescription.

257

QUESTIONS FOR THE PREPARATION FOR THE EXAM 1. Describe the subject of the course "Law Enforcement Authorities of the Republic of Kazakhstan". 2. Formulate and explain the notion of "law enforcement". 3. Describe the term "law enforcement agencies". 4. What are the tasks of the law enforcement bodies of the Republic of Kazakhstan? 5. Uncover the functions and main lines of activity of law enforcement agencies. 6. What legislative and other regulatory acts regulate the organization of law enforcement agencies in the Republic of Kazakhstan? 7. What issues of organization and operation of courts are regulated by the Constitution of the Republic of Kazakhstan? 8. What should be understood by the judiciary? 9. What are the main functions of the judiciary? 10. What should be understood by the judicial system? 11. What are the powers of the Supreme Court of the Republic of Kazakhstan? 12. Tell us about the powers of the judicial colleges, the plenary session, the presidium of the plenary session of the Supreme Court of the Republic of Kazakhstan. 13. What are the powers of regional and equivalent courts? 14. What is the composition and powers of the district court? 15. Describe the powers of the chairman of the district court. 16. What are the construction and powers of military courts in the Republic of Kazakhstan? 17. What are the main tasks of the Department for ensuring the operation of courts under the Supreme Court? 18. What is the difference between the court of first instance, the court of appellate instance and the court of cassation instance? 19. What is the meaning of the concept of "legal status of a judge"? 20. How does the law ensure the independence of judges? 21. List the reasons for the termination of the judge's authority. 22. What is the judicial community? 23. Tell us about the powers of the investigating judge. 24. What are the rights and duties of the chairman of the district (city) court? 25. Disclose the powers, the order of appointment of bailiffs at the district (city) court. 26. Disclose authority, the procedure for appointing bailiffs. 27. What tasks does the Judicial Jury of the Supreme Court of the Republic of Kazakhstan decide? 28. Indicate the tasks, composition and powers of the Supreme Judicial Council of the Republic of Kazakhstan. 29. Give a description of the main tasks and functions of the prosecutor's office, the principles of its organization and activities. 30. Expand the concept, types and significance of prosecutorial oversight. 31. Describe the system of prosecution authorities. 32. What is the status of the Prosecutor General of the Republic of Kazakhstan?

258

 

33. Describe the system of acts of the prosecutor's office. 34. What are the main tasks assigned to the internal affairs bodies? 35. List the components of the structure of law enforcement agencies? 36. Which IAO are classified as territorial? 37. What does the term "police" include? 38. What are the powers vested in the Ministry of Internal Affairs of the Republic of Kazakhstan? 39. What are the main functions of the Criminal-Executive Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan? 40. What are the main functions of the Administrative Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan? 41. What are the main functions of the Committee for Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan? 42. What are the main functions of the Migration Service Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan? 43. What are the main functions of the Headquarters of the Ministry of Internal Affairs of the Republic of Kazakhstan? 44. What is the essence of the NCS of the RK, its tasks and powers? 45. Expand the structure of the region's DVD. 46. What is the structure of the district department of internal affairs? 47. Indicate the main tasks, functions, competence and structure of the local police in the Republic of Kazakhstan. 48. Who is accountable to the local police service? 49. What are the main areas of activity of the local police service in the Republic of Kazakhstan? 50. What is the goal of preserving the local police service in the structure of the internal affairs bodies? 51. What units are available in the local police service structure? 52. What is the peculiarity of the appointment of the head of the local police service? 53. Whose experience was taken as a basis for creating a local police service in the Republic of Kazakhstan? 54. Expand the concept, main tasks and powers of the National Anti-Corruption Bureau. 55. Describe the principles of organization and activities of the National AntiCorruption Bureau. 56. Expand the system and organization of activities of the National AntiCorruption Bureau. 57. Indicate the main duties and rights of employees of the anti-corruption service. 58. Expand the system of territorial bodies of the National Anti-Corruption Bureau. What officials are included in its territorial bodies? 59. Why do you confirm the identity and authority of an official of the National Anti–Corruption Bureau? 60. Expand the concept and main objectives of the Economic Investigation Service.

259

 

61. What special principles are the basis for the activities of the employees of the Economic Investigation Service? 62. Expand the functions and structure of the Economic Investigation Service. 63. Indicate the main duties and rights of employees of the Economic Investigation Service. 64. What is the procedure for enrolling in law enforcement in the Republic of Kazakhstan? Specify a legal source for its regulation. 65. Describe the legal status (status) of law enforcement officers. 66. What is the procedure for termination of service in law enforcement agencies? 67. Name the composition of the Security Council and list the functions assigned to it. 68. Describe the appointment of the National Security Committee of Kazakhstan and the legal basis for its activities. 69. List the main powers of foreign intelligence agencies. 70. What is meant by state protection and what are the objects of state protection? 71. What tasks are assigned to the notary? 72. What persons have the right to perform notarial acts? 73. What rights and duties does a notary have? 74. What is the difference between the powers of a public notary from a notary private practitioner? 75. What is the significance of notarial chambers in notarial activities? 76. Outline the requirements for persons wishing to become notaries, the licensing procedure for the right to engage in private notarial practice. 77. What types of legal aid are provided by law for lawyers? 78. What are the organizational and legal forms of lawyer formations? 79. What are the conditions and procedure for acquiring the status of a lawyer? 80. Indicate the rights and duties of counsel. 81. What is meant by legal advice? Who manages the legal advice? 82. Explain the guarantees of advocacy. What is the essence of the lawyer's secret? 83. What are the rules for bringing lawyers to disciplinary liability and their expulsion from the bar associations? 84. Indicate the grounds for the deprivation and termination of the license to engage in advocacy. 85. Indicate the functions and powers of the Federal Police of the Federal Republic of Germany. 86. Expand the structure and organization of the activities of the Federal Police of the Federal Republic of Germany. 87. Expand the structure and organization of the activities of the Land Police of the Federal Republic of Germany. 88. Indicate the functions, basic powers, structure and organization of the Federal Office of Criminal Police of the Federal Republic of Germany. 89. What is the specificity of the criminal justice system of the Federal Republic of Germany?

260

 

90. Indicate the main priorities of the National Security Strategy of the Ministry of the Interior of the Czech Republic. 91. Expand the structure and organization of the activities of the national police of the Czech Republic. 92. What is the specificity of the criminal justice system in the Czech Republic? 93. Indicate the functions and powers of the National Police of the French Republic. 94. Expand the structure and organization of the National Police of the French Republic. 95. Specify the functions, basic powers, structure and organization of the gendarmerie of the French Republic. 96. What is the municipal police of the French Republic? 97. Indicate the functions and powers of the State Police of the Italian Republic. 98. Report the structure and organization of the State Police of the Italian Republic. 99. Specify the functions, basic powers, structure and organization of the body of the Carabineros of the Italian Republic. 100. What is the General Command of the Financial Guards of the Italian Republic? 101. Indicate the functions and powers of the Penitentiary Police of the Italian Republic. 102. Report the functions, powers, structure and organization of the activities of the National Police of the Republic of Turkey. 103. Report the functions, powers, structure and organization of the General Command of the Gendarmerie of the Republic of Turkey. 104. What are the principles of the Code of Conduct for Law Enforcement Officials (1979) that policemen of any country can follow? 105. What international standards are formulated in the European Code of Police Ethics (2001)? 

261

 

QUESTIONS TO SEMINARS (PRACTICAL) ACTIVITIES Topic 1. Course subject and system "Law enforcement authorities of the Republic of Kazakhstan" Student must have an idea  on the ratio of the course "Law enforcement agencies of the Republic of Kazakhstan" with other legal disciplines; know:  the subject and system of the course "Law Enforcement Agencies of the Republic of Kazakhstan"  the legal relations included in the subject of legal regulation of the course and the course system;  the concept of law enforcement activity and its signs;  the system of law enforcement bodies of the Republic of Kazakhstan.  legal acts regulating the activities of law enforcement bodies of the Republic of Kazakhstan. 1. The subject and the system of the course "Law enforcement agencies in the Republic of Kazakhstan". 2. The notion of law enforcement activity and its signs. 3. The main areas (functions) of law enforcement activities. 4. System of law enforcement agencies of the Republic of Kazakhstan. 5. The ratio of the course "Law enforcement authorities in the Republic of Kazakhstan" with other academic disciplines. Topic 2. Judicial power and justice in the Republic of Kazakhstan Student must have an idea:  on courts as bodies of judicial power; know:  the main features of the judiciary;  the difference of justice from other forms of state activity. 1. The concept and functions of the judiciary in the Republic of Kazakhstan. The court as an organ of the judiciary. 2. The notion of justice. 3. Judicial system and the status of judges. Classification of vessels in the Republic of Kazakhstan. Jurisdiction of cases in courts. 4. The concept of the judiciary and its main features. Topic 3. Judicial system of the Republic of Kazakhstan Student must have an idea:  on the prospects for the development of the judicial system of the Republic of Kazakhstan, judicial jurisdiction; know:  the principles of the association of courts in the links of the judicial system;  the correlation of concepts: "judicial instance" and "judicial powers";

262

 

 the order of formation, composition and powers of local courts of the Republic of Kazakhstan. 1. The concept of the judicial system of the Republic of Kazakhstan. The district (city) court is the main link in the system of local courts. The order of its formation. Composition, authority and organization of work of the district (city) court. Chairman of the district (city) court, his rights and duties. The Chancellery of the Court. Judicial executors at the district (city) court. Their powers, the order of appointment. 2. The order of formation, composition and powers of regional courts. Plenary session of the regional court, its composition and powers. Colleges of regional courts, their types, the order of education and powers. 3. Structure and composition of the Supreme Court of the Republic of Kazakhstan. Powers of the Supreme Court of the Republic of Kazakhstan. Plenary session of the Supreme Court of the Republic of Kazakhstan, its composition and powers. Normative explanations of the Plenary Session of the Supreme Court of the Republic of Kazakhstan, their significance. Supervisory Collegiums of the Supreme Court of the Republic of Kazakhstan, their types, composition and powers. Assignment SOW1 Prepare an essay on one of the following topics: 1. The concept and the main features of judicial power. 2. The concept of the status of judges. Requirements for judges. 3. Duties of judges. 4. Guarantees of the independence and inviolability of judges. Topic 4. Organizational provision of court activities Student must have an idea:  on the organizational support of courts in the Republic of Kazakhstan; know:  Organization of work of the Supreme Court of the Republic of Kazakhstan;  the competence of the Judicial Jury of the Supreme Court of the Republic of Kazakhstan;  the tasks, composition and powers of the Supreme Judicial Council of the Republic of Kazakhstan;  the legal basis for the bailiff service;  authorities of the judiciary. 1. Organization of work of the Supreme Court of the Republic of Kazakhstan. Department for ensuring the operation of courts under the Supreme Court (the Office of the Supreme Court of the Republic of Kazakhstan), its competence, structure and organization of activities. Judicial jury of the Supreme Court of the Republic of Kazakhstan, its competence. 2. The Supreme Judicial Council of the Republic of Kazakhstan, its tasks, composition and powers. Scientific advisory council of the Supreme Court of the

263

 

Republic of Kazakhstan, its tasks. Coordination Council on judicial education under the Supreme Court of the Republic of Kazakhstan, its tasks. 3. Legal basis of the bailiff service. Task SOW 2 Prepare an essay on one of the following topics: 1. Bodies of judicial self-government, their tasks and types. Powers of congresses of judges. 2. Grounds for disciplinary liability of judges. Types of disciplinary penalties applied to judges. Grounds and procedure for bringing judges to criminal and administrative responsibility. 3. The status of jurors, the rights and responsibilities, the procedure for empowering them. Prepare a report on the activities of bailiffs, the legal status of the bailiff. Topic 5. Bodies of the Prosecutor's Office of the Republic of Kazakhstan Student must have an idea:  on the place of the prosecutor's office in the system of law enforcement agencies of the Republic of Kazakhstan; know:  the legal basis, tasks and structure of the prosecution bodies;  the concept and types of prosecution supervision;  a system of acts in the prosecutor's office;  duties and rights of employees of prosecution authorities. 1. General characteristics of the main tasks and functions of the Prosecutor's Office, the principles of organization and activities. 2. The system, structure and organization of the activities of the prosecutor's office. 3. The concept, types and significance of prosecutorial oversight. 4. Acts of prosecutorial supervision and response. The trainee must develop the skills of practical application of knowledge (in the process of carrying out case assignments on questions of entering the work in the prosecutor's office). Written assignment: To prepare in the form of a table and a reference a comparative analysis of two Laws of the Republic of Kazakhstan "On the Prosecutor's Office" of June 30, 2017 No. 81-VI and of December 21, 1995, No. 2709. Topic 6. The bodies of internal affairs of the Republic of Kazakhstan Student must have an idea:  on the place of law enforcement bodies in the system of law enforcement bodies of the Republic of Kazakhstan; know:  legal framework, tasks and structure of the internal affairs bodies of the Republic of Kazakhstan;

264

 the authority of the Ministry of Internal Affairs of the Republic of Kazakhstan and its structure;  Structure of the Department of Internal Affairs. own:  ways to implement the rights, freedoms and duties of a person and citizen in cooperation with law enforcement agencies; 1. Legal basis, tasks, system and basic functions of the internal affairs bodies of the Republic of Kazakhstan. 2. The Ministry of Internal Affairs of the Republic of Kazakhstan and its structure. 3. Structure of the Department of Internal Affairs. 4. Control and supervision over the activities of the internal affairs bodies. CASE STUDIES (case-study method) The trainee must develop the skills of practical application of knowledge (in the process of carrying out case assignments concerning the applications of citizens to law enforcement agencies, as well as the powers of police officers). Topic 7. Local Police Service Student must have an idea:  on the tasks, competence and structure of the units of the local police service in Kazakhstan;  duties and rights of IAO officers. own:  ways to implement the rights, freedoms and duties of a person and citizen in cooperation with law enforcement agencies;  the skills of analyzing legal phenomena, legal facts and legal relations that are the object of professional activity. 1. The police, its tasks and organization. 2. The concept, main tasks, functions and structure of the local police. 3. Legal features of the appointment of local police chiefs. 4. Obligations and rights of IAO officers. Topic 8. National Anti-Corruption Bureau (Anti-Corruption Service), its tasks and competence Student must have an idea:  on the place of the Anti-Corruption Service in the system of law enforcement agencies of the Republic of Kazakhstan; know:  legal framework, objectives and structure of the RK Anti-Corruption Service;  tasks, competencies and structure of the units of the Anti-Corruption Service of the Republic of Kazakhstan;

265

 duties and rights of employees of the Anti-Corruption Service of the Republic of Kazakhstan. 1. The concept, tasks, principles of organization and powers of the National Anti–Corruption Bureau. 2. System and organization of activities of the National Anti-Corruption Bureau. 3. Duties and rights of employees of the Anticorruption Service. Topic 9. Economic Investigation Service Student must have an idea:  on the place of the Economic Investigation Service in the system of law enforcement bodies of the Republic of Kazakhstan; know:  legal framework, objectives and structure of the Economic Investigation Service of the Republic of Kazakhstan;  tasks, competencies and structure of the units of the Economic Investigation Service of the Republic of Kazakhstan;  duties and rights of employees of the Economic Investigation Service of the Republic of Kazakhstan. 1. The concept, objectives and principles of the Economic Investigation Service. 2. Functions and structure of the Economic Investigation Service. 3. Rights and duties of the employees of the Economic Investigation Service. Topic 10. Law enforcement service in the Republic of Kazakhstan Student must have an idea:  on law enforcement in the Republic of Kazakhstan;  on the concept and types of responsibility of law enforcement bodies and their officials; know:  the legal status of law enforcement officers of the Republic of Kazakhstan;  differences in uniforms and ranks of law enforcement officers of the Republic of Kazakhstan;  the order of admission to the law enforcement agencies of the RK and termination of service in them. 1. The order of admission to the law enforcement service. 2. The legal status (status) of law enforcement officers. 3. Termination of service in law enforcement. CASE STUDIES (case-study method) Student must develop the skills of practical application of knowledge (in the process of carrying out case studies):  on the requirements for admission to educational institutions of law enforcement bodies;  on the issues of employment in law enforcement agencies;  on the responsibility of law enforcement officials (police).

266

Topic 11. Security agencies of the Republic of Kazakhstan Student must have an idea:  on special state bodies in the security system in the Republic of Kazakhstan; know:  the main principles of the activities of the national security authorities;  tasks of national security bodies;  the system of national security institutions of the Republic of Kazakhstan. 1. The main tasks, structure and members of the Security Council of the Republic of Kazakhstan. 2. The main tasks, the structure of the National Security Committee of the Republic of Kazakhstan (KNB RK). 3. The bodies of foreign intelligence of the Republic of Kazakhstan. Goals, powers and organization of activities. 4. State security services of the President of the Republic of Kazakhstan. Tasks, principles and organization of activities. Topic 12. Legal assistance and its organization The trainee must have an idea:  on the bodies of legal assistance and their organization in the Republic of Kazakhstan; know:  legal bases, tasks and competence of the notary in the Republic of Kazakhstan;  legal bases, tasks and competence of the Bar in the Republic of Kazakhstan. 1. Notariate, its tasks, system of bodies and powers. Rights, duties and responsibilities of a notary. 2. The objectives of the Bar and the principles of its organization. 3. Bar Associations and the order of their formation. Self-governing bodies of the collegia of advocates: general meeting (conference), presidium of the bar association, audit commission. The order of education, the competence of these bodies. 4. Legal advice. Head of legal advice. Membership in the bar association. Rights and duties of a lawyer. Professional ethics of the lawyer. Advocate's secret. The procedure and conditions for admission to the bar association. 5. Provision of paid legal services by organizations and persons who are not members of the legal profession. Topic 13. The main law enforcement institutions and the criminal justice system of the Federal Republic of Germany and the Czech Republic Student must have an idea:  on the criminal justice system of the Federal Republic of Germany and the Czech Republic;

267

 

 on the system of law enforcement agencies of the Federal Republic of Germany and the Czech Republic; know:  the main principles of the criminal proceedings of the Federal Republic of Germany and the Czech Republic;  functions, powers, structure and organization of law enforcement bodies of the Federal Republic of Germany and the Czech Republic. 1. The Federal Police (Bundespolizei), the Land Police (Laenderpolizei) and the Federal Office of Criminal Police of the Federal Republic of Germany (Bundeskriminalamt). Functions and powers. Structure and organization. 2. The criminal justice system of the Federal Republic of Germany. 3. National Police of the Czech Republic. Priorities and principles. Criminal justice system of the Czech Republic. Topic 14. Review of police activities and the criminal justice system of the French Republic, the Italian Republic and the Republic of Turkey Student must have an idea:  on the criminal justice system of the French Republic and the Italian Republic;  on the system of police bodies of the French Republic, the Italian Republic and the Republic of Turkey; know:  the main principles of criminal proceedings of the French Republic and the Italian Republic;  functions, powers, structure and organization of the police bodies of the French Republic, the Italian Republic and the Republic of Turkey. 1. National Police (Police Nationale) and the Gendarmerie Nationale (the French Republic). Functions and powers. Structure and organization. Municipal police. Criminal Justice System of the French Republic. 2. The State Police (PoliziadiStato), the Corps of Carabineers (Armadei Carabinieri), the General Command of the Financial Guards (Guardiadi Finanza) and the Penitentiary Police (Polizia Penitenziaria) of the Italian Republic. Functions and powers. Structure and organization. Police structures of the provincial (Polizia Provinciale) or municipal police (Polizia Municipale) of the Italian Republic. Criminal justice system of the Italian Republic. 3. The General Directorate of Police, the Gendarmerie and the Coast Guard Service of the Republic of Turkey. Functions and powers. Structure and organization. General Customs Directorate, its functions and powers. Structure and organization. National Intelligence Organization of the Republic of Turkey (MIT: MillIstihbarat Teskilati). Topic 15. International norms and standards for the observance of human rights in the work of the police Student must have an idea:

268

 

 on the system of international norms and standards for the observance of human rights in police activities; know:  the main principles of the behavior of law enforcement officials. 1. The Code of Conduct for Law Enforcement Officials (1979) and the Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement Officials (1989). 2. International Code of Conduct for Public Officials (1996). 3. The Declaration on the Police (1979). 4. European Code of Police Ethics (2001).

269

 

GLOSSARY anticorruption service – operational and investigative units of the authorized body for civil service and anti-corruption activities, carrying out activities aimed at preventing, detecting, suppressing, disclosing and investigating corruption offenses; nomination – occupying higher positions in the system of law enforcement agency; discipline "law enforcement authorities of the Republic of Kazakhstan" – a mandatory subject of the state standard of higher education, which studies law enforcement activities, as well as the foundations of the organization, the most significant directions and tasks of law enforcement agencies, their interaction with each other and other state bodies; disciplinary punishment is a measure of disciplinary responsibility imposed on an employee; disciplinary liability – the type of legal responsibility that employees bear for committing disciplinary offenses, as well as administrative offenses in cases stipulated by the laws of the Republic of Kazakhstan; disciplinary offense – unlawful, guilty failure or improper performance by an employee of the duties assigned to him, abuse of official authority, violation of official and labor discipline, violation of the Code of Honor of civil servants of the Republic of Kazakhstan (Rules of Service Ethics of Civil Servants) or codes of honor (rules of service ethics in force law enforcement agencies), as well as noncompliance with the established restrictions related to staying with the law enforcement service; gendarmerie – in a number of countries – the police, which has a military organization and performs protection functions within the country and in the army; carabinieri – in a number of countries – the personnel of the gendarmerie; qualification requirements – requirements for citizens applying for a position in a law enforcement body in order to determine the level of their professional training, competence and compliance with a particular post; Young employees are persons who have been enrolled for the first time in the law enforcement service and who pass it for one year from the date of admission to the service; notary – a system of bodies and officials responsible for certifying the undisputed rights and facts, witnessing documents, extracting them, giving documents to the executive force and performing other actions provided for by law in order to protect the rights and legitimate interests of citizens and legal entities; a notary – a person who in due course has received the status of a notary and appointed to a public notary office or private notary; operatively-search activity is a scientifically grounded system of open and secret operational, investigative, organizational and managerial activities carried out in accordance with the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan by bodies that carry out operational search activities in order to protect life, health, rights, freedoms and legitimate interests of a person and citizen, property, ensuring the safety of society

270

 

and the state from criminal assault in, as well as the intelligence and subversive activities of special services of foreign states and international organizations; the prosecutor's supervision branch are relatively independent lines of the supervisory activities of the prosecutor's office, characterized by the specific and specific powers of the prosecutor for a specific supervision industry; the bodies of internal affairs are a system of state bodies of executive power headed by the Ministry of Internal Affairs of the Republic of Kazakhstan, which are entrusted with the tasks of protecting public order, strengthening the rule of law, protecting human rights and freedoms, protecting the legitimate interests of state and non–state enterprises, organizations of various forms of property and labor collectives, and detection, disclosure and investigation of crimes, suppression of administrative offenses; relocation – changes in the official position and functional duties of a law enforcement officer; transfer – dismissal from a position in law enforcement with simultaneous appointment to a position in another law enforcement body without termination of service in law enforcement agencies; law enforcement activity is a kind of state activity that is carried out with the purpose of protecting the right by applying legal measures of influence in strict compliance with the law and with the strict observance of the order established by it; police – a system of bodies for the protection of public order and the fight against crime; law enforcement service – a special type of civil service in law enforcement positions, as well as service in cases stipulated by Article 44 of the Law of the Republic of Kazakhstan "On Law Enforcement Service"; law enforcement agency is a state body ensuring the observance and protection of human and citizen's rights and freedoms, legal interests of individuals and legal entities, the state that implements the state policy on combating crime and other offenses in accordance with its competence, endowed with special powers to ensure lawfulness and maintain public order, detection, prevention, suppression, investigation of offenses, execution of judgments in criminal cases; a law enforcement officer is a citizen of the Republic of Kazakhstan from the number of law enforcement officers who have been given a special rank or class rank or a qualification class has been established; jury members – citizens of the Republic of Kazakhstan, included in the lists of jurymen and called in accordance with the procedure established by law to participate in the consideration of the case by the court; the Office of the Procurator of the Republic of Kazakhstan – the state body responsible to the President of the Republic of Kazakhstan, exercising supreme supervision over the precise and uniform application of laws, decrees of the President of the Republic of Kazakhstan and other normative legal acts on the territory of the Republic, the legality of operational and investigative activities, inquiries and investigations, administrative and enforcement proceedings. The Prosecutor's Office takes measures to identify and eliminate any violations of the law, protests laws and other legal acts that are contrary to the Constitution of the

271

 

Republic of Kazakhstan and the laws of the Republic, represents the interests of the state in court, and in cases, procedures and limits established by law, carries out criminal prosecution; prosecutor's supervision – the main direction of the prosecutor's office; carried out on behalf of the state the activities of prosecutors to ensure the accurate execution and uniform application of laws through the timely identification and taking measures to eliminate their violations, bringing the perpetrators to justice; report – a written report of a special form when the employee refers to direct or authorized managers in the course of his official activity; the leading position is the structural unit of the law enforcement agency, which has the authority to organize the activities of a subordinate team or individual employees; the head of the law enforcement agency – the first head of the law enforcement body, subordinated to employees and law enforcement officers, authorized executives; police forces – law enforcement agencies, authorized to monitor the observance of public order. Their duties are determined by law. The police are responsible for protecting the population, the state and private property, criminal investigation, traffic regulation and public order. Police officers, as a rule, wear uniforms and weapons; service of economic investigations – operative and investigative subdivisions of state revenue agencies, carrying out activities aimed at preventing, detecting, suppressing, disclosing and investigating crimes and offenses attributed by the laws of the Republic of Kazakhstan to the jurisdiction of these bodies, as well as exercising other powers provided for by the legislation of the Republic of Kazakhstan; official investigation – activities to collect and verify materials and information about the disciplinary offense of the employee for the purpose of full, comprehensive and objective clarification of the circumstances of its commission; probation service – a system of state bodies, and in some countries and non– governmental organizations involved in the implementation of probation programs for convicted persons; the status of judges is the totality of rights and obligations granted to judges by the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" and other laws and characterizing them as bearers of the judiciary. The procedure for acquiring status is regulated by the Constitutional Law. It includes a number of requirements and procedures, in particular, passing the qualification exam, taking the oath, appointing the President of the Republic of Kazakhstan to the post, etc .; countries providing police force – countries that provide police services to United Nations peacekeeping missions or offices or to provide assistance; the court is a state body formed in accordance with the procedure established by law and formed of people capable of exercising justice and implementing the judicial power in other forms on the basis of appropriate training and personal

272

 

qualities. The composition of the court for the resolution of a particular case may include both professional judges and representatives of the people (jurors); the judge is a person authorized in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" powers to administer justice and perform their duties on a professional basis; judicial community in the Republic of Kazakhstan – are judges of the Supreme Court of the Republic of Kazakhstan, local and other courts that make up the judicial system of the Republic of Kazakhstan. Judges for the expression and protection of their interests as bearers of the judiciary form in accordance with the procedure established by law the bodies of the judicial community; the authorized head – the head of the territorial or equivalent to him specialized unit of the law enforcement body, the head of the institution, the law enforcement agency; the system for the enforcement of sentences is the system of state organs, and in certain countries and non-state organizations, whose main purpose is to enforce the sentences of the court; the penitentiary system is a system of state bodies, and in some countries also non–governmental organizations and institutions in which persons convicted of committing crimes (administrative misdemeanors), as well as suspects and accused of committing crimes before sentencing, are detained; probation – the program for the application to the convict instead of deprivation of freedom of alternative supervisory measures aimed at its correction. Violation of the program and the probation regime by a person in respect of the person who chose this measure usually entails deprivation of liberty.

273

Annex 2 Code of Conduct for Law Enforcement Officials Adopted by General Assembly resolution 34/169 of 17 December 1979 Article 1 Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession. Commentary: ( a ) The term "law enforcement officials", includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention. ( b ) In countries where police powers are exercised by military authorities, whether uniformed or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services. ( c ) Service to the community is intended to include particularly the rendition of services of assistance to those members of the community who by reason of personal, economic, social or other emergencies are in need of immediate aid. ( d ) This provision is intended to cover not only all violent, predatory and harmful acts, but extends to the full range of prohibitions under penal statutes. It extends to conduct by persons not capable of incurring criminal liability. Article 2 In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. Commentary: ( a ) The human rights in question are identified and protected by national and international law. Among the relevant international instruments are the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid , the Convention on the Prevention and Punishment of the Crime of Genocide, the Standard Minimum Rules for the Treatment of Prisoners and the Vienna Convention on Consular Relations. ( b ) National commentaries to this provision should indicate regional or national provisions identifying and protecting these rights. Article 3 Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.

274

 

Commentary: ( a ) This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be used. ( b ) National law ordinarily restricts the use of force by law enforcement officials in accordance with a principle of proportionality. It is to be understood that such national principles of proportionality are to be respected in the interpretation of this provision. In no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved. ( c ) The use of firearms is considered an extreme measure. Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender. In every instance in which a firearm is discharged, a report should be made promptly to the competent authorities. Article 4 Matters of a confidential nature in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise. Commentary: By the nature of their duties, law enforcement officials obtain information which may relate to private lives or be potentially harmful to the interests, and especially the reputation, of others. Great care should be exercised in safeguarding and using such information, which should be disclosed only in the performance of duty or to serve the needs of justice. Any disclosure of such information for other purposes is wholly improper. Article 5 No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment. Commentary: ( a ) This prohibition derives from the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly, according to which: "[Such an act is] an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the

275

 

human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights [and other international human rights instruments]." ( b ) The Declaration defines torture as follows: ". . . torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners." ( c ) The term "cruel, inhuman or degrading treatment or punishment" has not been defined by the General Assembly but should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental. Article 6 Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required. Commentary: ( a ) "Medical attention", which refers to services rendered by any medical personnel, including certified medical practitioners and paramedics, shall be secured when needed or requested. ( b ) While the medical personnel are likely to be attached to the law enforcement operation, law enforcement officials must take into account the judgement of such personnel when they recommend providing the person in custody with appropriate treatment through, or in consultation with, medical personnel from outside the law enforcement operation. ( c ) It is understood that law enforcement officials shall also secure medical attention for victims of violations of law or of accidents occurring in the course of violations of law. Article 7 Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all such acts. Commentary: ( a ) Any act of corruption, in the same way as any other abuse of authority, is incompatible with the profession of law enforcement officials. The law must be enforced fully with respect to any law enforcement official who commits an act of corruption, as Governments cannot expect to enforce the law among their citizens if they cannot, or will not, enforce the law against their own agents and within their agencies. ( b ) While the definition of corruption must be subject to national law, it should be understood to encompass the commission or omission of an act in the performance of or in connection with one's duties, in response to gifts, promises or incentives demanded or accepted, or the wrongful receipt of these once the act has been committed or omitted.

276

 

( c ) The expression "act of corruption" referred to above should be understood to encompass attempted corruption. Article 8 Law enforcement officials shall respect the law and the present Code. They shall also, to the best of their capability, prevent and rigorously oppose any violations of them. Law enforcement officials who have reason to believe that a violation of the present Code has occurred or is about to occur shall report the matter to their superior authorities and, where necessary, to other appropriate authorities or organs vested with reviewing or remedial power. Commentary: ( a ) This Code shall be observed whenever it has been incorporated into national legislation or practice. If legislation or practice contains stricter provisions than those of the present Code, those stricter provisions shall be observed. ( b ) The article seeks to preserve the balance between the need for internal discipline of the agency on which public safety is largely dependent, on the one hand, and the need for dealing with violations of basic human rights, on the other. Law enforcement officials shall report violations within the chain of command and take other lawful action outside the chain of command only when no other remedies are available or effective. It is understood that law enforcement officials shall not suffer administrative or other penalties because they have reported that a violation of this Code has occurred or is about to occur. ( c ) The term "appropriate authorities or organs vested with reviewing or remedial power" refers to any authority or organ existing under national law, whether internal to the law enforcement agency or independent thereof, with statutory, customary or other power to review grievances and complaints arising out of violations within the purview of this Code. ( d ) In some countries, the mass media may be regarded as performing complaint review functions similar to those described in subparagraph ( c ) above. Law enforcement officials may, therefore, be justified if, as a last resort and in accordance with the laws and customs of their own countries and with the provisions of article 4 of the present Code, they bring violations to the attention of public opinion through the mass media. ( e ) Law enforcement officials who comply with the provisions of this Code deserve the respect, the full support and the co-operation of the community

277

 

UNITED A NATIONS General Assembly Distr. GENERAL A/RES/51/59 28 January 1997 Fifty-first session Agenda item 101 RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/51/610)] 51/59. Action against corruption The General Assembly, Concerned at the seriousness of problems posed by corruption, which may endanger the stability and security of societies, undermine the values of democracy and morality and jeopardize social, economic and political development, Also concerned about the links between corruption and other forms of crime, in particular organized crime and economic crime, including moneylaundering, Convinced that, since corruption is a phenomenon that currently crosses national borders and affects all societies and economies, international cooperation to prevent and control it is essential, Convinced also of the need to provide, upon request, technical assistance designed to improve public management systems and to enhance accountability and transparency, Recalling the Inter-American Convention against Corruption,1 adopted by the Organization of American States at the Specialized Conference for Consideration of the Draft Inter-American Convention against Corruption, held at Caracas from 27 to 29 March 1996, 1 See E/1996/99. 97–76273 /... A/RES/51/59 Recalling also its resolutions 45/121 of 14 December 1990 and 46/152 of 18 December 1991, and Economic and Social Council resolutions 1992/22 of 30 July 1992, 1993/32 of 27 July 1993 and 1994/19 of 25 July 1994, Recalling in particular its resolution 50/225 of 19 April 1996, adopted at its resumed session, on public administration and development, Recalling Economic and Social Council resolution 1995/14 of 24 July 1995 on action against corruption, Recalling also the work carried out by other international and regional organizations in this field, including the activities of the Council of Europe, the European Union, the Organisation for Economic Cooperation and Development and the Organization of American States: 1. Takes note of the report of the Secretary-General on action against corruption 2 submitted to the Commission on Crime Prevention and Criminal Justice at its fifth session; 2. Adopts the International Code of Conduct for Public Officials annexed to the present resolution, and recommends it to Member States as a tool to guide their efforts against corruption;

278

3. Requests the Secretary-General to distribute the International Code of Conduct to all States and to include it in the manual on practical measures against corruption,3 to be revised and expanded pursuant to Economic and Social Council resolution 1995/14, with a view to offering both those tools to States in the context of advisory services, training and other technical assistance activities; 4. Also requests the Secretary-General to continue to collect information and legislative and regulatory texts from States and relevant intergovernmental organizations, in the context of his continuing study of the problem of corruption; 5. Further requests the Secretary-General, in consultation with States, relevant intergovernmental and non-governmental organizations, as well as in cooperation with the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, to elaborate an implementation plan and submit it to the Commission on Crime Prevention and Criminal Justice at its sixth session, in conjunction with his report to be submitted pursuant to Economic and Social Council resolution 1995/14; 6. Urges States, relevant intergovernmental and non-governmental organizations, as well as the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, to extend to the Secretary-General their full support in elaborating the implementation plan and in implementing paragraph 4 above; 2 E/CN.15/1996/5. 3 International Review of Criminal Policy, Nos. 41 and 42 (United Nations publication, Sales No. E.93.IV.4). /... A/RES/51/59 7. Urges Member States carefully to consider the problems posed by the international aspects of corrupt practices, especially as regards international economic activities carried out by corporate entities, and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems and transactions carried out by such corporate entities; 8. Requests the Secretary-General to intensify his efforts to closely cooperate with other entities of the United Nations system and other relevant international organizations and to more effectively coordinate activities undertaken in this area; 9. Also requests the Secretary-General, subject to the availability of extra budgetary resources, to provide increased advisory services and technical assistance to Member States, at their request, in particular in the elaboration of national strategies, the elaboration or improvement of legislative and regulatory measures, the establishment or strengthening of national capacities to prevent and control corruption, as well as in training and upgrading skills of relevant personnel; 10. Calls upon States, relevant international organizations and financing institutions to extend to the Secretary-General their full support and assistance in the implementation of the present resolution; 11. Requests the Commission on Crime Prevention and Criminal Justice to keep the issue of action against corruption under regular review.

279

 

82nd plenary meeting 12 December 1996 ANNEX International Code of Conduct for Public Officials I. GENERAL PRINCIPLES 1. A public office, as defined by national law, is a position of trust, implying a duty to act in the public interest. Therefore, the ultimate loyalty of public officials shall be to the public interests of their country as expressed through the democratic institutions of government. 2. Public officials shall ensure that they perform their duties and functions efficiently, effectively and with integrity, in accordance with laws or administrative policies. They shall at all times seek to ensure that public resources for which they are responsible are administered in the most effective and efficient manner. 3. Public officials shall be attentive, fair and impartial in the performance of their functions and, in particular, in their relations with the public. They shall at no time afford any undue preferential treatment to any group or individual or improperly discriminate against any group or individual, or otherwise abuse the power and authority vested in them. /... A/RES/51/59 II. CONFLICT OF INTEREST AND DISQUALIFICATION 4. Public officials shall not use their official authority for the improper advancement of their own or their family's personal or financial interest. They shall not engage in any transaction, acquire any position or function or have any financial, commercial or other comparable interest that is incompatible with their office, functions and duties or the discharge thereof. 5. Public officials, to the extent required by their position, shall, in accordance with laws or administrative policies, declare business, commercial and financial interests or activities undertaken for financial gain that may raise a possible conflict of interest. In situations of possible or perceived conflict of interest between the duties and private interests of public officials, they shall comply with the measures established to reduce or eliminate such conflict of interest. 6. Public officials shall at no time improperly use public moneys, property, services or information that is acquired in the performance of, or as a result of, their official duties for activities not related to their official work. 7. Public officials shall comply with measures established by law or by administrative policies in order that after leaving their official positions they will not take improper advantage of their previous office. III. DISCLOSURE OF ASSETS 8. Public officials shall, in accord with their position and as permitted or required by law and administrative policies, comply with requirements to declare or to disclose personal assets and liabilities, as well as, if possible, those of their spouses and/or dependants.

280

 

IV. ACCEPTANCE OF GIFTS OR OTHER FAVOURS 9. Public officials shall not solicit or receive directly or indirectly any gift or other favour that may influence the exercise of their functions, the performance of their duties or their judgement. V. CONFIDENTIAL INFORMATION 10. Matters of a confidential nature in the possession of public officials shall be kept confidential unless national legislation, the performance of duty or the needs of justice strictly require otherwise. Such restrictions shall also apply after separation from service. VI. POLITICAL ACTIVITY 11. The political or other activity of public officials outside the scope of their office shall, in accordance with laws and administrative policies, not be such as to impair public confidence in the impartial performance of their functions and duties. Resolution 690 (1979)1 Declaration on the Police Parliamentary Assembly The Assembly, 1. Considering that the full exercise of human rights and fundamental freedoms, guaranteed by the European Convention on Human Rights and other national and international instruments, has as a necessary basis the existence of a peaceful society which enjoys the advantages of order and public safety; 2. Considering that, in this respect, police play a vital role in all the member states, that they are frequently called upon to intervene in conditions which are dangerous for their members, and that their duties are made yet more difficult if the rules of conduct of their members are not sufficiently precisely defined; 3. Being of the opinion that it is inappropriate for those who have committed violations of human rights whilst members of police forces, or those who have belonged to any police force that has been disbanded on account of inhumane practices, to be employed as policemen; 4. Being of the opinion that the European system for the protection of human rights would be improved if there were generally accepted rules concerning the professional ethics of the police which take account of the principles of human rights and fundamental freedoms; 5. Considering that it is desirable that police officers have the active moral and physical support of the community they are serving; 6. Considering that police officers should enjoy status and rights comparable to those of members of the civil service; 7. Believing that it may be desirable to lay down guidelines for the behaviour of police officers in case of war and other emergency situations, and in the event of occupation by a foreign power; 8. Adopts the following Declaration on the Police, which forms an integral part of this resolution; 9. Instructs its Committee on Parliamentary and Public Relations and its Legal Affairs Committee as well as the Secretary General of the Council of Europe to give maximum publicity to the declaration.

281

 

1. Assembly debate on 1 February 1979 (24th Sitting of the 30th Session) (see Doc. 4212, report of the Legal Affairs Committee). Text adopted by the Assembly on 8 May 1979 (2nd Sitting of the 31st Session).://assembly.coe.int F – 67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | Fax: +33 3 88 41 2733 Appendix Declaration on the Police Ethics 2 1. A police officer shall fulfil the duties the law imposes upon him by protecting his fellow citizens and the community against violent, predatory and other harmful acts, as defined by law. 2. A police officer shall act with integrity, impartiality and dignity. In particular he shall refrain from and vigorously oppose all acts of corruption. 3. Summary executions, torture and other forms of inhuman or degrading treatment or punishment remain prohibited in all circumstances. A police officer is under an obligation to disobey or disregard any order or instruction involving such measures. 4. A police officer shall carry out orders properly issued by his hierarchical superior, but he shall refrain from carrying out any order he knows, or ought to know, is unlawful. 5. A police officer must oppose violations of the law. If immediate or irreparable and serious harm should result from permitting the violation to take place he shall take immediate action, to the best of his ability. 6. If no immediate or irreparable and serious harm is threatened, he must endeavour to avert the consequences of this violation, or its repetition, by reporting the matter to his superiors. If no results are obtained in that way he may report to higher authority. 7. No criminal or disciplinary action shall be taken against a police officer who has refused to carry out an unlawful order. 8. A police officer shall not cooperate in the tracing, arresting, guarding or conveying of persons who, while not being suspected of having committed an illegal act, are searched for, detained or prosecuted because of their race, religion or political belief. 9. A police officer shall be personally liable for his own acts and for acts of commission or omission he has ordered and which are unlawful. 10. There shall be a clear chain of command. It should always be possible to determine which superior may be ultimately responsible for acts or omissions of a police officer. 11. Legislation must provide for a system of legal guarantees and remedies against any damage resulting from police activities. 12. In performing his duties, a police officer shall use all necessary determination to achieve an aim which is legally required or allowed, but he may never use more force than is reasonable. 13. Police officers shall receive clear and precise instructions as to the manner and circumstances in which they should make use of arms.

282

14. A police officer having the custody of a person needing medical attention shall secure such attention by medical personnel and, if necessary, take measures for the preservation of the life and health of this person. He shall follow the instructions of doctors and other competent medical workers when they place a detainee under medical care. 15. A police officer shall keep secret all matters of a confidential nature coming to his attention, unless the performance of duty or legal provisions require otherwise. 16. A police officer who complies with the provisions of this declaration is entitled to the active moral and physical support of the community he is serving. Status 1. Police forces are public services created by law, which shall have the responsibility of maintaining and enforcing the law. 2. Parts A and B of the declaration cover all individuals and organisations, including such bodies as secret services, military police forces, armed forces or militias performing police duties, that are responsible for enforcing the law, investigating offences, and maintaining public order and state security. Resolution 690 (1979) 2. Any citizen may join the police forces if he satisfies the relevant conditions. 3. A police officer shall receive thorough general training, professional training and in-service training, as well as appropriate instruction in social problems, democratic freedoms, human rights and in particular the European Convention on Human Rights. 4. The professional, psychological and material conditions under which a police officer must perform his duties shall be such as to protect his integrity, impartiality and dignity. 5. A police officer is entitled to a fair remuneration, and special factors are to be taken into account, such as greater risks and responsibilities and more irregular working schedules. 6. Police officers shall have the choice of whether to set up professional organisations, join them and play an active part therein. They may also play an active part in other organisations. 7. A police professional organisation, provided it is representative shall have the right: to take part in negotiations concerning the professional status of police officers; to be consulted on the administration of police units; to initiate legal proceedings for the benefit of a group of police officers or on behalf of a particular police officer. 8. Membership of a police professional organisation and playing an active part therein shall not be detrimental to any police officer. 9. In case of disciplinary or penal proceedings taken against him, a police officer has the right to be heard and to be defended by a lawyer. The decision shall be taken within a reasonable time. He shall also be able to avail himself of the assistance of a professional organisation to which he belongs. 10. A police officer against whom a disciplinary measure has been taken or penal sanction imposed shall have the right of appeal to an independent and impartial body or court.

283

 

11. The rights of a police officer before courts or tribunals shall be the same as those of any other citizen. War and other emergency situations – occupation by a foreign power3 1. A police officer shall continue to perform his tasks of protecting persons and property during war and enemy occupation in the interests of the civilian population. For that reason he shall not have the status of "combatant", and the provisions of the Third Geneva Convention of 12 August 1949, relative to the treatment of prisoners of war, shall not apply. 2. The provisions of the Fourth Geneva Convention of 12 August 1949, relative to the protection of civilian persons in time of war, apply to the civilian police. 3. The occupying power shall not order police officers to perform tasks other than those mentioned in Article 1 of this chapter. 4. During occupation a police officer shall not : take part in measures against members of resistance movements ; take part in applying measures designed to employ the population for military purposes and for guarding military installations. 5. If a police officer resigns during enemy occupation because he is forced to execute illegitimate orders of the occupying power which are contrary to the interests of the civilian population, such as those listed above, and because he sees no other way out, he shall be reintegrated into the police force as soon as the occupation is over without losing any of the rights or benefits he would have enjoyed if he had stayed in the police force. 6. Neither during nor after the occupation may any penal or disciplinary sanction be imposed on a police officer for having executed in good faith an order of an authority regarded as competent, where the execution of such an order was normally the duty of the police force. 3. This chapter does not apply to the military police. Resolution 690 (1979) 7. The occupying power shall not take any disciplinary or judicial action against police officers by reason of the execution, prior to the occupation, of orders given by the competent authorities. Resolution 690 (1979)

284

 

THE EUROPEAN CODE OF POLICE ETHICS Recommendation Rec(2001)10 adopted by the Committee of Ministers of the Council of Europe on 19 September 2001 and explanatory memorandum French edition : Le code européen d’éthique de la police (Recommandation Rec(2001)10 et exposé des motifs) ISBN 92–871–4830–9 Council of Europe Publishing F–67075 Strasbourg Cedex ISBN 92–871–4831–7 © Council of Europe, March 2002 Reprinted October 2002 Printed at the Council of Europe The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. All rights reserved. No part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system, without prior permission in writing from the Publishing Division, Communication and Research Directorate (F-67075 Strasbourg or [email protected]). 1. Recommendation Rec(2001)10, adopted by the Committee of Ministers of the Council of Europe on 19 September 2001, was prepared by the Committee of Experts on Police Ethics and Problems of Policing (PC-PO). 2. The publication contains the text of Recommendation Rec(2001)10 and the explanatory memorandum thereto. Recommendation Rec(2001)10 of the Committee of Ministers to member states on the European Code of Police Ethics (Adopted by the Committee of Ministers on 19 September 2001 at the 765th meeting of the Ministers’ Deputies) The Committee of Ministers, under the terms of Article15.b of the Statute of the Council of Europe, Recalling that the aim of the Council of Europe is to achieve greater unity between its members; Bearing in mind that it is also the purpose of the Council of Europe to promote the rule of law, which constitutes the basis of all genuine democracies; Considering that the criminal justice system plays a key role in safeguarding the rule of law and that the police have an essential role within that system; Aware of the need of all member states to provide effective crime fighting both at the national and the international level; Considering that police activities to a large extent are performed in close contact with the public and that police efficiency is dependent on public support;

285

 

Recognising that most European police organisations – in addition to upholding the law – are performing social as well as service functions in society; Convinced that public confidence in the police is closely related to their attitude and behaviour towards the public, in particular their respect for the human dignity and fundamental rights and freedoms of the individual as enshrined, in particular, in the European Convention on Human Rights; Considering the principles expressed in the United Nations Code of Conduct for Law Enforcement Officials and the resolution of the Parliamentary Assembly of the Council of Europe on the Declaration on the Police; Bearing in mind principles and rules laid down in texts related to police matters – criminal, civil and public law as well as human rights aspects – as adopted by the Committee of Ministers, decisions and judgments of the European Court of Human Rights and principles adopted by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; Recognising the diversity of police structures and means of organising the police in Europe; Considering the need to establish common European principles and guidelines for the overall objectives, performance and accountability of the police to safeguard security and individuals’ rights in democratic societies governed by the rule of law, Recommends that the governments of member states be guided in their internal legislation, practice and codes of conduct of the police by the principles set out in the text of the European Code of Police Ethics, appended to the present recommendation, with a view to their progressive implementation, and to give the widest possible circulation to this text. Appendix to Recommendation Rec(2001)10 Definition of the scope of the code This code applies to traditional public police forces or police services, or to other publicly authorised and/or controlled bodies with the primary objectives of maintaining law and order in civil society, and who are empowered by the state to use force and/or special powers for these purposes. I. Objectives of the police 1. The main purposes of the police in a democratic society governed by the rule of law are: – to maintain public tranquillity and law and order in society; – to protect and respect the individual’s fundamental rights and freedoms as enshrined, in particular, in the European Convention on Human Rights; – to prevent and combat crime; – to detect crime; – to provide assistance and service functions to the public. II. Legal basis of the police under the rule of law 2. The police are a public body which shall be established by law. 3. Police operations must always be conducted in accordance with the national law and international standards accepted by the country. 4. Legislation guiding the police shall be accessible to the public and sufficiently clear and precise, and, if need be, supported by clear regulations equally accessible to the public.

286

 

5. Police personnel shall be subject to the same legislation as ordinary citizens, and exceptions may only be justified for reasons of the proper performance of police work in a democratic society. III. The police and the criminal justice system 6. There shall be a clear distinction between the role of the police and the prosecution, the judiciary and the correctional system ; the police shall not have any controlling functions over these bodies. 7. The police must strictly respect the independence and the impartiality of judges; in particular, the police shall neither raise objections to legitimate judgments or judicial decisions, nor hinder their execution. 8. The police shall, as a general rule, have no judicial functions. Any delegation of judicial powers to the police shall be limited and in accordance with the law. It must always be possible to challenge any act, decision or omission affecting individual rights by the police before the judicial authorities. 9. There shall be functional and appropriate co-operation between the police and the public prosecution. In countries where the police are placed under the authority of the public prosecution or the investigating judge, the police shall receive clear instructions as to the priorities governing crime investigation policy and the progress of criminal investigation in individual cases. The police should keep the superior crime investigation authorities informed of the implementation of their instructions, in particular, the development of criminal cases should be reported regularly. 10. The police shall respect the role of defence lawyers in the criminal justiceprocess and, whenever appropriate, assist in ensuring an effective right of access to legal assistance, in particular with regard to persons deprived of their liberty. 11. The police shall not take the role of prison staff, except in cases of emergency. IV. Organisational structures of the police A. General 12. The police shall be organised with a view to earning public respect as professional upholders of the law and providers of services to the public. 13. The police, when performing police duties in civil society, shall be under the responsibility of civilian authorities. 14. The police and its personnel in uniform shall normally be easily recognisable. 15. The police shall enjoy sufficient operational independence from other state bodies in carrying out its given police tasks, for which it should be fully accountable. 16. Police personnel, at all levels, shall be personally responsible and accountable for their own actions or omissions or for orders to subordinates. 17. The police organisation shall provide for a clear chain of command within the police. It should always be possible to determine which superior is ultimately responsible for the acts or omissions of police personnel. 18. The police shall be organised in a way that promotes good police/public relations and, where appropriate, effective co-operation with other agencies, local communities, non-governmental organisations and other representatives of the public, including ethnic minority groups. 19. Police organisations shall be ready to give objective information on their activities to the public, without disclosing confidential information. Professional guidelines for media contacts shall be established.

287

 

20. The police organisation shall contain efficient measures to ensure the integrity and proper performance of police staff, in particular to guarantee respect for individuals’ fundamental rights and freedoms as enshrined, notably, in the European Convention on Human Rights. 21. Effective measures to prevent and combat police corruption shall be established in the police organisation at all levels. B. Qualifications, recruitment and retention of police personnel 22. Police personnel, at any level of entry, shall be recruited on the basis of their personal qualifications and experience, which shall be appropriate for the objectives of the police. 23. Police personnel shall be able to demonstrate sound judgment, an open attitude, maturity, fairness, communication skills and, where appropriate, leadership and management skills. Moreover, they shall possess a good understanding of social, cultural and community issues. 24. Persons who have been convicted for serious crimes shall be disqualified from police work. 25. Recruitment procedures shall be based on objective and non-discriminatory grounds, following the necessary screening of candidates. In addition, the policy shall aim at recruiting men and women from various sections of society, including ethnic minority groups, with the overall objective of making police personnel reflect the society they serve. C. Training of police personnel 26. Police training, which shall be based on the fundamental values of democracy, the rule of law and the protection of human rights, shall be developed in accordance with the objectives of the police. 27. General police training shall be as open as possible towards society. 28. General initial training should preferably be followed by in-service training at regular intervals, and specialist, management and leadership training, when it is required. 29. Practical training on the use of force and limits with regard to established human rights principles, notably the European Convention on Human Rights and its case-law, shall be included in police training at all levels. 30. Police training shall take full account of the need to challenge and combat racism and xenophobia. D. Rights of police personnel 31. Police staff shall as a rule enjoy the same civil and political rights as other citizens. Restrictions to these rights may only be made when they are necessary for the exercise of the functions of the police in a democratic society, in accordance with the law, and in conformity with the European Convention on Human Rights. 32. Police staff shall enjoy social and economic rights, as public servants, to the fullest extent possible. In particular, staff shall have the right to organise or to participate in representative organisations, to receive an appropriate remuneration and social security, and to be provided with special health and security measures, taking into account the particular character of police work. 33. Disciplinary measures brought against police staff shall be subject to review by an independent body or a court. 34. Public authorities shall support police personnel who are subject to illfounded accusations concerning their duties.

288

 

V. Guidelines for police action/intervention A. Guidelines for police action/intervention: general principles 35. The police, and all police operations, must respect everyone’s right to life. 36. The police shall not inflict, instigate or tolerate any act of torture or inhuman or degrading treatment or punishment under any circumstances. 37. The police may use force only when strictly necessary and only to the extent required to obtain a legitimate objective. 38. Police must always verify the lawfulness of their intended actions. 39. Police personnel shall carry out orders properly issued by their superiors, but they shall have a duty to refrain from carrying out orders which are clearly illegal and to report such orders, without fear of sanction. 40. The police shall carry out their tasks in a fair manner, guided, in particular, by the principles of impartiality and non-discrimination. 41. The police shall only interfere with individual’s right to privacy when strictly necessary and only to obtain a legitimate objective. 42. The collection, storage, and use of personal data by the police shall be carried out in accordance with international data protection principles and, in particular, be limited to the extent necessary for the performance of lawful, legitimate and specific purposes. 43. The police, in carrying out their activities, shall always bear in mind everyone’s fundamental rights, such as freedom of thought, conscience, religion, expression, peaceful assembly, movement and the peaceful enjoyment of possessions. 44. Police personnel shall act with integrity and respect towards the public and with particular consideration for the situation of individuals belonging to especially vulnerable groups. 45. Police personnel shall, during intervention, normally be in a position to give evidence of their police status and professional identity. 46. Police personnel shall oppose all forms of corruption within the police. They shall inform superiors and other appropriate bodies of corruption within the police. B. Guidelines for police action/intervention: specific situations 1. Police investigation 47. Police investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime. 48. The police must follow the principles that everyone charged with a criminal offence shall be considered innocent until found guilty by a court, and that everyone charged with a criminal offence has certain rights, in particular the right to be informed promptly of the accusation against him/her, and to prepare his/her defence either in person, or through legal assistance of his/her own choosing. 49. Police investigations shall be objective and fair. They shall be sensitive and adaptable to the special needs of persons, such as children, juveniles, women, minorities including ethnic minorities and vulnerable persons. 50. Guidelines for the proper conduct and integrity of police interviews shall be established, bearing in mind paragraph 48. They shall, in particular, provide for a fair interview during which those interviewed are made aware of the reasons for the interview as well as other relevant information. Systematic records of police interviews shall be kept.

289

51. The police shall be aware of the special needs of witnesses and shall be guided by rules for their protection and support during investigation, in particular where there is a risk of intimidation of witnesses. 52. Police shall provide the necessary support, assistance and information to victims of crime, without discrimination. 53. The police shall provide interpretation/translation where necessary throughout the police investigation. 2. Arrest/deprivation of liberty by the police 54. Deprivation of liberty of persons shall be as limited as possible and conducted with regard to the dignity, vulnerability and personal needs of each detainee. A custody record shall be kept systematically for each detainee. 55. The police shall, to the extent possible according to domestic law, inform promptly persons deprived of their liberty of the reasons for the deprivation of their liberty and of any charge against them, and shall also without delay inform persons deprived of their liberty of the procedure applicable to their case. 56. The police shall provide for the safety, health, hygiene and appropriate nourishment of persons in the course of their custody. Police cells shall be of a reasonable size, have adequate lighting and ventilation and be equipped with suitable means of rest. 57. Persons deprived of their liberty by the police shall have the right to have the deprivation of their liberty notified to a third party of their choice, to have access to legal assistance and to have a medical examination by a doctor, whenever possible, of their choice. 58. The police shall, to the extent possible, separate persons deprived of their liberty under suspicion of having committed a criminal offence from those deprived of their liberty for other reasons. There shall normally be a separation between men and women as well as between adults and juveniles. VI. Accountability and control of the police 59. The police shall be accountable to the state, the citizens and their representatives. They shall be subject to efficient external control. 60. State control of the police shall be divided between the legislative, the executive and the judicial powers. 61. Public authorities shall ensure effective and impartial procedures for complaints against the police. 62. Accountability mechanisms, based on communication and mutual understanding between the public and the police, shall be promoted. 63. Codes of ethics of the police, based on the principles set out in the present recommendation, shall be developed in member states and overseen by appropriate bodies. VII. Research and international co-operation 64. Member states shall promote and encourage research on the police, both by the police themselves and external institutions. 65. International co-operation on police ethics and human rights aspects of the police shall be supported. 66. The means of promoting the principles of the present recommendation and their implementation must be carefully scrutinised by the Council of Europe.

290

 

Explanatory memorandum I. Introduction 1. Codes of police ethics Much that has been written about the police takes the form of descriptions of how they do or would act in various situations. There is tendency, except in a moralising manner, to set aside questions of how the police should act : to make clear the values and standards that are required of police in a modern, democratic society. The provisions of the European Code of Police Ethics provides a basis for just such a framework. It could not be more timely. Many European countries are reorganising their police structures to promote and consolidate democratic values. They are also concerned to secure common policing standards across national boundaries both to meet the expectations of increasingly mobile Europeans, who wish to be confident of uniform, fair and predictable treatment by police, and to enhance their powers of cooperation, and hence their effectiveness, in the fight against international crime. The provision of the code also supports the Council of Europe’s aim of achieving greater unity between its members. A glance at the role of the police in a democracy reveals the particular relevance of a code of ethics for the police. People within democracies have organised their states to secure maximum freedom for themselves within the rule of law. Likewise, the criminal justice systems have been developed with the purpose of providing individual liberty and security. In democratic societies where the rule of law prevails, the police undertake the traditional functions of preventing, combating and detecting crime, preserving public tranquillity, upholding the law, maintaining public order, and protecting the fundamental rights of the individual. Moreover, in such societies the police provide various services to the public that are of a social nature, which support their other activities. They are granted discretion to fulfil these functions. The police in democracies help to sustain the values of democracy, and are themselves imbued with the self– same values. In general, the public consent to and, indeed, welcome the exercise of legitimate authority by the police so long as the police are seen to carry out their tasks towards worthwhile, democratic ends in an ethically acceptable manner. In turn, when they fulfil these conditions, the police have every right to expect that the public will trust them to carry out their responsibilities, and support and co-operate with them in their activities when doing so. These ideas about policing within democracies are at the heart of Council of Europe policies. Although a code of police ethics is only the beginning of any process to secure common police standards, without one such a process has little hope of succeeding. By laying the foundation for ethical norms, a code of police ethics enhances the possibility that ethical problems are more readily identified, more fully understood, analysed more carefully and more readily resolved. It also prompts questions about the values served by the police as an organisation, and their proper application. Key concepts within the police, such as “loyalty”, “consent”, “impartiality”, “discretion” and “professionalism” all benefit from the common reference and shared meaning, and hence understanding, made possible by a code. Moreover, it can help articulate

291

 

personal standards of conduct, which capture a sense of pride in being members of a police organisation. This is of particular importance to police recruits, who need to know from the outset the core values that should define and govern their work. The mention of police recruits is a reminder of how important codes are for police training. Without some such objective reference for standards and values, the trainer’s task is made doubly difficult. Both the origin and authority of standards have to be argued for, with the risk that they are seen as merely local and the creation of no one but the trainer. It should be added that a police code of ethics has merit at all levels of training. As has been mentioned, police services are greatly enhanced if the police enjoy the consent and close co-operation of the public. The public is dependent upon the responsible delivery of police services for which the police are invested with considerable authority, including discretion, which constitutes a virtual monopoly of legitimate coercion. For this reason the public has a need for assurance. A well publicised police code of ethics, by underlining the common standards, purposes and values of the police, can help to promote public trust in the police and further good public relations and co-operation. The same standards, by making clear the range and scope of police services, help safeguard the police against unwarranted, frivolous and vexatious demands, and, above all, limit their liability for failures of service. Moreover, a police code of ethics can work as a regulatory instrument for the internal organisation of the police. This is one of the striking features of the European Code of Police Ethics. By providing minimum standards, values and ethical frameworks, it may serve a regulatory function in at least four ways : to maintain quality control of the personnel of the police organisation (including civilian staff) ; to help in the exercise of leadership, management and supervision; to make senior members of the organisation more accountable; and to provide a norm for the adjudication of difficult, internal disputes. In terms of its possible influence upon police practice, a police code of ethics recommends best practice for the police, and is a specialised version of habitual, everyday, common-sense principled conduct. There are, however, a number of meanings for the word “ethics”. Aristotle established the most widely understood meaning of the word. For him, it refers to the critical discipline that focuses upon everyday ethical conduct and beliefs for its subject matter. This is not the meaning of the word intended in the title the European Code of Police Ethics. Modern societies and their police are partly organised under the twin principles of division of labour and co-operation. People find themselves engaged in a large number of specialised activities. While their everyday relationships employ common standards of conduct, they often have need of more specialised understanding and guidance when it comes to their particular jobs and occupations. This is because their work focuses upon particular aspects of human conduct in ways that highlight ethical dilemmas that are regularly repeated, and which their occupational roles require them to cope with and resolve. This is particularly the case with those working in the public services, where the public entrust their well-being to occupational specialists. In this context the word “ethics” refers to that body of principled

292

 

requirements and prescriptions that is deemed fit to regulate the conduct of the occupation. It is important to note that “ethics” in this sense represents an attempt to apply everyday ethics to the specialist demands and dilemmas of public organisations. It is in this sense that “ethics” is used in the European Code of Police Ethics. The police objective of upholding the rule of law encompasses two distinct but interrelated duties : the duty of upholding the properly enacted and constituted law of the state, including securing a general condition of public tranquillity, and the related duty of keeping strictly within prescribed powers, abstaining from arbitrary action and respecting the individual rights and freedoms of members of the public. The rule of law is focused not only on what is done but on how it is done. In carrying out their duties, police need to respect citizens’ individual rights, including human rights, and freedoms and avoid arbitrary or unlawful action. This is fundamental to the meaning of the rule of law and therefore to the whole meaning and purpose of police duty in a democracy. Above all, the rule of law requires that those who make, adjudicate and apply the law should be subject to that same law. In other words, the police should be subject to the self-same law that they apply and uphold. It is the mark of the police in a fully-fledged and mature democracy that they bind and subject themselves to the very law that they are pledged to uphold. The police role in upholding and safeguarding the rule of law is so important that the condition of a democracy can often be determined just by examining the conduct of its police. The European Code of Police Ethics aims to provide a set of principles and guidelines for the overall objectives, performance and control of the police in democratic societies governed by the rule of law, and is to a large extent influenced by the European Convention on Human Rights. The code is concerned to make specific and define the requirements and arrangements that fit the police to meet the difficult, demanding and delicate task of preventing and detecting crime and maintaining law and order in civil, democratic society. Even if the recommendation is aimed primarily at governments the guidelines are drafted in such a way that they may also be a source of inspiration to those dealing with the police and police matters at a more pragmatic level. 2. The background to the European Code of Police Ethics From its earliest days, the Council of Europe has had police matters on its agenda. Indeed, the police play such an important role with regard to the protection of the fundamental values of the Council of Europe (pluralistic democracy, the rule of law and human rights) that the Council of Europe provides a natural platform for European discussion on the role of the police in a democratic society. Considerable case-law relating to the police has been established by the European Court of Human Rights. Moreover, guiding principles relevant to the police have been developed by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The European Social Charter and its case-law comprises important principles with regard to the social and economic rights of police personnel. The European Commission against Racism and Intolerance (ECRI) has developed principles for the police in its specific field of competence. Moreover, the European Commission for Democracy

293

 

through Law (Venice Commission) has adopted texts on constitutional aspects of the police. The Group of States against Corruption (GRECO) has the mandate to evaluate national administrations, including the police, with regard to corruption. Police organisations have also been subject to the requirements of local and regional authorities, and this work has also been linked to problems of urban insecurity. Police and ethnic relations is another area of interest. Moreover, the Council of Europe has developed activities designed to promote human rights awareness within the police. Through this work, police practitioners and human rights experts, representing both states and non-governmental organisations, have been brought together to deal with problems of human rights in a professional police context. The training of police personnel in human rights, and a large number of documents, such as handbooks on police and human rights issues, are some of the concrete results of this work. It has served to develop an understanding within national police services of the necessity for raising awareness of human rights at all levels of the police. The Declaration on the Police (Resolution 690 (1979)), adopted by the Parliamentary Assembly of the Council of Europe in 1979, was an early attempt to provide ethical standards for the police. It has been a source of inspiration for answering policy questions on the police in many European states. While the Committee of Ministers shared the Assembly’s view of the necessity to apply particularly high ethical standards to the police in democratic societies, they did not give the declaration unqualified support, and it did not become a legal instrument of the Council of Europe. The traditional intergovernmental standard-setting work of the Council of Europe, carried out under the authority of the Committee of Ministers, has focused on the police with regard to criminal justice policies, criminal law and criminology (criminal procedure, crime prevention, victim and witness protection, juvenile delinquency, custody, organised crime, corruption, public prosecution, etc.) and public law (personal integrity and data protection, etc.). Legal instruments – conventions and recommendations – of relevance to the police have been developed within this framework. Starting in 1989, changes occurred in central and eastern Europe, which led the Council of Europe to intensify considerably its activities with regard to the police. Within the framework of programmes aiming at supporting legal reform as well as the reform of public administration, including the police, a large number of activities (seminars, training sessions and the dissemination of legal expertise) were implemented under themes such as “the role of the police in a democratic society”, “police ethics”, and “police and the rule of law”. It was in this context of police reform that the need for a normative, pan– European framework for the police was again highlighted. As a result, the Committee of Ministers established the Committee of Experts on Police Ethics and Problems of Policing (PC-PO) under the authority of the European Committee on Crime Problems (CDPC). The terms of reference of the PC-PO were adopted by the CDPC at its 47th plenary session in 1998, and confirmed by the Committee of Ministers at the 641st meeting of their Deputies in September 1998.

294

 

PC-PO terms of reference “The police play an important role within the criminal justice system. As opposed to other professional groups within that system, few international instruments apply to the police. At the moment many European countries are reorganising their police as a crucial part of the process to promote and consolidate democratic ideas and values in society. Police ethics have thus become an important topic in several member states of the Council of Europe. The committee of experts should prepare a study of police ethics in the broad sense, taking into account such questions as: – the role of the police in a democratic society and their place in the criminal justice system ; – the objectives of policing under the Rule of Law: prevention of crime, detection of crime etc; – control of the police. The committee of experts should consider, in particular, aspects of police ethics related to certain situations that occur in daily police work, such as the interrogation of suspects and other functions of investigation, the use of force, the exercise of police discretion etc. Ethical aspects of police management in general as well as their inclusion as a training subject would also be covered. In this respect the differences between ethical codes, codes of professional conduct and disciplinary codes should be taken into consideration. In carrying out this task the committee should bear in mind the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as Assembly Resolution 690 (1979) on the Declaration on the Police. It should take into account the work of the Committee of Experts on Partnership in Crime Prevention (PC-PA) as well as other relevant activities of the Council of Europe. The outcome of the work should be a report and/or a recommendation on police ethics, which could be used as a guiding framework for member states when police reforms and national codes of police ethics are being considered.” The PC-CO1 was composed of experts from Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, France, Greece, Italy, Lithuania 1. See the appendix to this publication. Moldova, Poland, Portugal, Romania, Slovenia, Spain, “the former Yugoslav Republic of Macedonia”, Turkey and the United Kingdom. The PC-CO included experts coming from ministries of the interior, ministries of justice, the police, the prosecution and the judiciary. The PC-CO was chaired by Mr Karsten Petersen, Deputy Police Commissioner, Denmark. Two scientific experts – Mr Amadeu Recasens i Brunet (Director of Escola de Policia de Catalunia and Professor at the University of Barcelona, Spain) and Mr Neil Richards (Director of Chief Police Officers Development Programme, National Police Training, Bramshill, United Kingdom) – were appointed to assist the committee. The Secretariat was provided by the Directorate General of Legal Affairs, DG I, of the Council of Europe. The European Commission, ICPO-Interpol, the Association of European Police Colleges (AEPC) and the International Centre of Sociological, Penal and

295

 

Penitentiary Research and Studies (Intercenter) were observers to the committee. The Association for the Prevention of Torture (APT), the European Council of Police Trade Unions (CESP), the European Network of Police Women (ENP), the European Federation of Employees in Public Services (EUROFEDOP), the International Federation of Senior Police Officers (FIFSP), the International Police Association (IPA) and the International Union of Police Federations (UISP), were consulted in the final stages of the work. The PC-CO based its work upon legal instruments (conventions and recommendations of the Council of Europe and other international organisations) as well as principles established by the European Court of Human Rights and other bodies of the Council of Europe, mentioned above. The committee organised hearings with representatives of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment and the European Committee of Social Rights. Moreover, the PC-CO was informed of projects and activities related to the police carried out by the various Directorates General of the Council of Europe. The work of the PC-CO was presented and supported at the 12th Criminological Colloquium, organised by the Council of Europe in November 1999, on the theme “Police powers and accountability in a democratic society”, and at the High Level Conference between European Ministers of the Interior, in June 2000. The PC-CO held six plenary and three working group meetings between December 1998 and March 2001. Following a request by the Parliamentary Assembly, the Committee of Ministers agreed that a provisional draft recommendation be sent to the Parliamentary Assembly for its opinion. The opinion of the Assembly was taken into account by the PC-CO at its sixth meeting. The text of the draft recommendation, the European Code of Police Ethics, and its explanatory report were finalised at the sixth meeting of the PC-CO in March 2001, and submitted for approval and transmission to the Committee of Ministers at the 50th plenary session of the European Committee on Crime problems (CDPC), held in June 2001. At the 765th meeting of their Deputies on 19 September 2001, the Committee of Ministers adopted the recommendation and authorised publication of the explanatory memorandum thereto. II. Preamble to the recommendation The Committee of Ministers, under the terms of Article15.b of the Statute of the Council of Europe, Recalling that the aim of the Council of Europe is to achieve greater unity between its members; Bearing in mind that it is also the purpose of the Council of Europe to promote the rule of law, which constitutes the basis of all genuine democracies; Considering that the criminal justice system plays a key role in safeguarding the rule of law and that the police have an essential role within that system; Aware of the common need of all member states to provide effective crime fighting both at the national and the international level; Considering that police activities to a large extent are performed in close contact with the public and that the police efficiency is dependent on public support; Recognising that most European police organisations – in addition to upholding the law – are performing social functions as well as service functions in society;

296

 

Convinced that public confidence in the police is closely related to their attitude and behaviour towards the public, in particular their respect for the human dignity and fundamental rights and freedoms of the individual as enshrined, in particular, in the European Convention on Human Rights; Considering principles expressed in the United Nations Code of Conduct for Law Enforcement Officials and the resolution of the Parliamentary Assembly of the Council of Europe on the Declaration on the Police; Bearing in mind principles and rules laid down in texts related to police matters – criminal, civil and public law as well as human rights aspects – as adopted by the Committee of Ministers, decisions and judgments of the European Court of Human Rights and principles adopted by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; Recognising the diversity of different police structures and means of organising the police in Europe; Considering the need to establish common European principles and guidelines for the overall objectives, performance and accountability of the police to safeguard security and individuals’ rights in democratic societies governed by the rule of law; Recommends that the governments of member states be guided in their internal legislation, practice and codes of conduct of the police by the principles set out in the text of the European Code of Police Ethics, appended to the present recommendation, with a view to their progressive implementation, and to give the widest possible circulation to this text. Commentary on the preamble Since its inception, the Council of Europe has worked to establish and promote common principles in its member states’ laws, practices and systems. The criminal justice system has been one of the priorities in this respect, as crime fighting demands the direct, practical application of the principles on which the Council of Europe was founded and which it is expected to uphold, namely the rule of law, democracy and human rights. Moreover, the effectiveness of responses to crime depends to a large extent on their being harmonised within a coherent and concerted European policy. That requirement is increasingly becoming more important with the existence of crime phenomena, such as organised crime and corruption, which often have an international dimension, in respect of which national systems risk proving inadequate. Traditionally, the elaboration of common standards applicable to law enforcement bodies, such as the police, has not been as developed, for example with regard to the judicial side of criminal justice or the implementation of sanctions. The adoption of the Council of Europe Committee of Ministers’ Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system, as well as the present recommendation is, however, a new trend in this respect. Moreover, the recognition of the police as a component of the criminal justice system, thus bringing justice and home affairs closer to each other, is likely to provide a solid basis for continued harmonisation of standards applicable to the police. In a Europe where national borders become less important the focus on the police and their powers from an international perspective is unavoidable.

297

 

The debate concerns to a large extent the efficiency of the police in combating crime that is increasingly operated over national borders, such as organised crime and corruption. However, the debate is not limited to this perspective. In a democratic society police powers are restricted with regard to what is acceptable from the point of view of individuals’ fundamental rights and freedoms, as laid down in the European Convention on Human Rights. A proper balance between these interests must be found and it is here that the international ethics of the police come into play. The police are accountable not only to the state but also to the public in such a society and their efficiency is to a large extent depending on public support. In this respect the social function and the public service side of the police are important also for the carrying out of law enforcement. The European Convention on Human Rights and its case-law has been considered a basic framework for the drafting of the present recommendation. Moreover, principles of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) have been incorporated into the text. The work has also, in relevant parts, been influenced by the European Social Charter and its case-law. Moreover, other international texts, particularly applicable to the police, such as the United Nations Code of Conduct for Law Enforcement Officials, and Resolution 690 (1979) of the Parliamentary Assembly of the Council of Europe on the Declaration on the Police, have not only been considered in depth, but have also been influential sources for the drafting of the present recommendation. The following Council of Europe texts, which offer guidance in matters relating to the present recommendation, have been given the closest attention: – Framework Convention for the Protection of National Minorities (ETS No 157); – Resolution (78) 62 on juvenile delinquency and social change; – Recommendation No. R (79) 17 concerning the protection of children against ill-treatment; – Recommendation No. R (80) 11 concerning custody pending trial; – Recommendation No. R (83) 7 on participation of the public in crime policy; – Recommendation No. R (85) 4 on violence in the family; – Recommendation No. R (85) 11 on the position of the victim in the framework of criminal law and procedure; – Recommendation No. R (87) 15 on regulating the use of personal data in the police sector; – Recommendation No. R (87) 19 on the organisation of crime prevention; – Recommendation No. R (88) 6 on social reactions to juvenile delinquency among young people coming from migrant families; – Recommendation No. R (96) 8 on crime policy in Europe in a time of change; – Recommendation No. R (97) 13 concerning intimidation of witnesses and the rights of the defence; – Resolution (97) 24 on the twenty guiding principles for the fight against corruption; – Recommendation No. R (99) 19 concerning mediation in penal matters;

298

 

– Recommendation No. R (2000) 10 on codes of conduct for public officials; – Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system; – Recommendation Rec(2000)20 on the role of early psychosocial intervention in the prevention of criminality; – Recommendation Rec(2000)21 on the freedom of exercise of the profession of lawyer; – ECRI general policy recommendations; European Commission against Racism and Intolerance. It should also be mentioned that several other texts (instruments and handbooks, etc.) produced within the Council of Europe relating to police matters, such as police and human rights, police ethics, media, racism and intolerance, equality and minority questions, have been considered. The present recommendation has been drafted from the viewpoint that there are big differences between member states in terms of how their law enforcement/police tasks are being implemented. This is particularly noticeable in terms of the status and the organisation of the forces/services as well as their operating methods. At the same time there are great similarities, in particular as regards the objectives of the police and the problems they face in their daily activities. Having this in mind, the recommendation consists of major guiding principles that are considered crucial in a well-established democracy, both for the efficiency of the police and for their acceptance by the public. The establishment of common standards is very timely. Police reforms are being carried out throughout Europe and, particularly in the newer democracies, police reforms are part of a general move towards consolidating democratic principles such as the rule of law and the protection of human rights, in public administration. The present set of principles may serve as guidance and a source of inspiration when police systems are being reformed. However, it is clear that a reasonable margin of appreciation must be left to member states, not least with regard to the differences in historical heritage and levels of development. A foundation for continued efforts relating to the police has been achieved with this recommendation and the Council of Europe has made police matters one of its priorities. III. Appendix Definition of the scope of the code This code applies to traditional public police forces or police services, or to other publicly authorised and/or controlled bodies with the primary objectives of maintaining law and order in civil society and, who are empowered by the state to use force and/or special powers for these purposes. Commentary The definition of the scope of the code at the outset of the recommendation serves the purpose of establishing its applicability. In order to make the code relevant to as many police systems as possible and considering the variety of different police systems existing in Europe, in particular their different stages of development and organisational structures, the definition is made wide. The definition used in this paragraph makes the code applicable to “traditional” police in all member states.

299

 

(It is worth noting that this definition should not be confused with the recommended objectives of the police, which are included in Article 1 of the code.) For the reasons referred to above, the definition of the scope of the code contains only the hard-core characteristics that are entrusted to all existing public police bodies in Europe, that is the power to use force in order to maintain law and order in civil society, normally including upholding public order, prevention and detection of crime. Having this definition as the lowest common denominator for the applicability of the code, there is no need to establish a detailed description of the various types of police to be affected. Thus, this code applies to all police organisations responsible for police activities in civil society. The code applies regardless of how such police are being organised; whether centralised or locally oriented, whether structured in a civilian or military manner, whether labelled as “services” or “forces”, or whether they are accountable to the state, to regional or local authorities or to a wider public. Although the intention is to have as wide a range as possible for the code, certain specific types of police are excluded from its scope. The reference to “traditional” police should be regarded as being the opposite to “special types” of police, which are set up for specific purposes other than keeping law and order in civil society. Examples of police that do not come within the scope of the code are military police when exercising their military functions and secret security services. Another category not covered by the code is “penitentiary police”, which in the countries where they exist, are limited to performing their duties in penal institutions. It should be added that private security companies are not covered by this recommendation. I. Objectives of the police 1. The main purposes of the police in a democratic society governed by the rule of law are : – to maintain public tranquillity, and law and order in society; – to protect and respect the individual’s fundamental rights and freedoms as enshrined, in particular in the European Convention on Human Rights; – to prevent and combat crime; – to detect crime; – to provide assistance and service functions to the public. Commentary Paragraph 1 contains a selection of the most important objectives of the police in a democratic state governed by the rule of law. Maintaining tranquillity and law and order in society are the classical overall objectives and the full responsibility of the police, often referred to as “public order” policing. This concept covers a wide variety of police activities among which providing for the safety and security of persons (physical as well as legal) and property (private as well as public) and law enforcement between the state and the individual as well as between individuals should be mentioned. The respect for the individual’s fundamental rights and freedoms as enshrined in the European Convention on Human Rights as an objective of the police is possibly the most significant symbol of a police service in a society governed by the

300

 

rule of law. This objective implies not only a separate obligation to uphold these rights, but that there are limits as to how far the police may proceed in order to fulfil their other objectives. The wording “notably the European Convention on Human Rights” is chosen in order to indicate a specific and precise reference to a particular instrument, without excluding the importance of other relevant human rights texts in this respect. Crime prevention is dealt with differently in member states, however, this is most commonly, regarded as an overall responsibility of the state. Crime prevention is often divided between social and situational prevention, both of which apply to the police. As follows from the Council of Europe Committee of Ministers’ Recommendations No. R (83) 7 on participation of the public in crime policy, and No. R (87) 19 on organisation of crime prevention, effective crime prevention requires active participation by the community at large, including the public. In recent years “partnership in crime prevention” has been a frequently used term, which indicates that crime prevention is not seen as a task exclusive to the police. The crime prevention activities of the police, other agencies and the public therefore need to be coordinated. Even if in most states the ultimate responsibility for crime prevention policy does not rest with the police, it is none the less one of their main objectives as a society governed by the rule of law which requires safeguards to curb abuse. Crime detection is one of the classical primary objectives of police in all states. Even if crime detection often amounts to a limited part of the total police work, it is a vital component of the activities of the police. People expect much of the police in terms of their crime detection. Effective crime detection has also a preventive effect in itself, and is thus crucial for promoting public confidence in criminal justice. Crime detection is organised differently in various states; in some states it is the responsibility of the general police, whereas in other states it is carried out by special branches of the police, such as criminal police or judicial police. The independence of the police from the prosecution authorities also differs to a large extent. However, the problems the police are facing in their crime detection are identical all over Europe. This code does not challenge the centrality of the crime-fighting side of police work, but it underlines the importance of upholding a proper balance between the efficiency of the police and the respect for individuals’ fundamental human rights, which is particularly difficult in crime fighting. The principle of “presumption of innocence” and its accompanying safeguards are certainly of great importance for persons suspected of crime. In addition, the respect for individual rights in crime detection, also comprises the rights of other persons affected, such as victims and witnesses, towards whom the police also have responsibilities. Safeguards in crime detection are dealt with in section V.B. The provision of assistance to the public is also a feature of most police bodies, but such functions are more or less developed in various member states. The inclusion of service functions under the objectives of the police is somewhat different as it changes the role of the police from that of being a “force” to be used in society into a “service” body of the society. For some years there has been a clear trend in Europe to integrate the police

301

 

more fully into civil society, to bring them closer to the public. The development of “community policing” in several member states serves such a purpose. One important means used to do this is to give the police the status of a public service body rather than a pure law enforcer. In order to make such a shift a bit more than a semantic exercise, the service side of the police should be included as one of the purposes of a modern democratic police. Whereas assistance by the police is generally related to specific situations where the police should have an obligation to act, such as offering direct assistance to any person in danger or assisting persons in establishing contact with other authorities or social services, the service side of the police is more vague and thus difficult to define. It should not be confused with certain administrative duties given to the police (issuing passports etc). In general, the police as a public service body is connected to the role of the police as a resource for the general public, and easy access to the police is one of the basic and most important aspects in this respect. The service side of the police has more to do with police attitudes towards the public than with giving the police far-reaching service functions in addition to their traditional duties. It is clear that the police cannot be charged with too heavy a responsibility for service functions in society. Member states should therefore establish guidelines for police performance and duties in this respect. II. Legal basis of the police under the rule of law 2. The police are a public body, which shall be established by law. 3. Police operations must always be conducted in accordance with the national law and international standards accepted by the country. 4. Legislation guiding the police shall be accessible to the public and sufficiently clear and precise and, if need be, supported by clear regulations equally accessible to the public. 5. Police personnel shall be subject to the same legislation as ordinary citizens, and exceptions may be justified only for reasons of the proper performance of police work in a democratic society. Commentary This section establishes the legal framework based on the rule of law for the police as an institution as well as for its actions. The section also contains some fundamental legal requirements, some of which are deduced from the European Convention on Human Rights and its accompanying case-law. Paragraphs 2 to 5 summarise some of the principles behind the concept of the rule of law with regard to the police. Paragraph 2 underlines the idea that the police as an institution is a public body. It means that public authorities, ultimately the state, cannot evade their responsibility for the police and that the police as an institution cannot be made into a private body. Another thing is that some police functions/powers can be delegated to private bodies. Moreover, paragraph 2 states that police organisations should be established by law. This implies that the police as an institution, is based on the national constitution and/or ordinary legislation, however, this does not exclude detailed regulation of the police by subordinate instruments, such as governmental decrees or instructions of the head of service, provided that these are given under delegated powers in conformity with the constitution/legislation.

302

 

Paragraph 3 spells out the principles that should always guide police operations ; they must be lawful, both with regard to national legislation and relevant international standards. As regards the latter, the European Convention on Human Rights and related instruments are of particular importance. Paragraph 4 sets out two general additional principles contained in the “rule of law concept”, which have been referred to in the European Court of Human Rights case–law. In order to be in a position to protect his/her own rights against police powers, the citizen must be aware of which legal rules apply. Firstly, this implies that regulations are accessible to the general public and, secondly, the norm, whether primary legislation or a subordinate regulation, must be formulated with sufficient precision. These two requirements are necessary to give the citizen the possibility of foreseeing the consequences which a given regulation may entail. It is clear that consequences never can be foreseeable with absolute certainty and, in addition, laws and regulations must keep pace with changing circumstances. Therefore, the recommendation does not go any further than the European Court of Human Rights’ dicta, and uses the wording “sufficiently clear”. There must be a good balance between the details and the flexibility of a police regulation, concerning both the basis for the organisation and the performance of operations. The importance of these principles cannot be underestimated in respect of state powers used against individuals. This is the reason for having them spelled out in the recommendation. A cardinal principle of the rule of law, contained in paragraph 5, is that the law applies equally to all citizens, including those who execute the law, such as police personnel. Exceptions to this rule should be allowed only when it is necessary for the proper performance of police duties. Paragraph 5 also implies that, unless there are special reasons, police personnel should, as a rule, be subject to ordinary legislation as well as to ordinary legal proceedings and sanctions. Internal disciplinary measures fall outside the scope of this rule. The European Court of Human Rights has established case-law concerning the distinction between disciplinary matters and criminal matters. In essence, it is not feasible for a state to label what, according to international law, should be considered a criminal matter or a disciplinary matter, and thus disregard procedural safeguards provided for in Article 6 of the European Convention on Human Rights. III. The police and the criminal justice system 6. There shall be a clear distinction between the role of the police and the prosecution, the judiciary and the correctional system; the police shall not have any controlling functions over these bodies. Commentary As already stated, the police are one of the four components of the criminal justice system ; police, prosecution service, the courts and the correctional system. Even though this model of the criminal justice system sees each element as independent, it is widely accepted that the system should incorporate a number of checks and balances in order to ensure that the total system, and its constituent elements operate according to the law and in an efficient way. At the same time, this model of the criminal justice system, in which individual cases are seen as passing from one element to another and thereby justifying the criminal justice process, requires that these elements are independent and autonomous to a certain degree

303

 

with regard to each other. Such a system is more likely to provide safeguards for those passing through it. Paragraph 6 underlines the importance of a separation of the role of the police from the other components of the criminal justice system. The police, who are the first link of the chain, should have no controlling functions over the other bodies in the criminal justice system. 7. The police must strictly respect the independence and the impartiality of judges; in particular, the police shall neither raise objections to legitimate judgments or judicial decisions, nor hinder their execution. Commentary Paragraph 7 deals with the integrity of the criminal justice system. The independence and the impartiality of the judiciary is one of the corner stones in a society governed be the rule of law. The police, as part of the criminal justice system, are necessarily close to the judiciary and must never act in a way that may prejudice, or be seen to affect the impartiality of the judiciary. On the other hand, the judiciary should respect the police as a distinct professional body and not interfere with their professional arrangements. The police are subject to the judiciary in judicial decisions, which they must scrupulously respect and often implement, provided these are legitimate. The legitimacy, or lawfulness, is related to national law as well as to international (human rights) law, see also paragraph 3. The second part of this paragraph would normally imply that the police must respect all judgments and decisions of courts and even do whatever is appropriate to enable their execution. However, the way in which the paragraph is formulated opens a possibility for the police not to play the role of “blind implementers” in situations when the requirements for justice in a democratic society governed by the rule of law are clearly set aside. It follows from paragraphs 3 and 38 that the police always must check the lawfulness of their actions. This paragraph does not prejudice the rights and freedoms of police personnel as private citizens. 8. The police shall, as a general rule, have no judicial functions. Any delegation of judicial powers to the police shall be limited and in accordance with the law. It must always be possible to challenge any act, decision or omission made by the police affecting individual rights, before the judicial authorities. Commentary As an exception to the main rule of strict separation of powers between the executive and the judiciary, the police may in certain situations be entrusted with judicial powers. The recommendation emphasises that the police should be in a position to exercise judicial powers only to a limited extent, normally with regard to minor offences where the facts are simple and where the offender admits guilt, the sanctions are limited, and often standardised. It is crucial that these decisions by the police, based on delegation of judicial powers, can be challenged before a court and that the offender is made aware of this. This follows from Article 6 of the European Convention on Human Rights, which ensures everyone’s right to a fair trial by a court of law. Paragraph 8 allows these police decisions to be challenged before the judicial authorities.

304

 

9. There shall be functional and appropriate co-operation between the police and the public prosecution. In countries where the police are placed under the authority of the public prosecution or the investigating judge, the police shall receive clear instructions as to the priorities governing crime investigation policy and the progress of criminal investigation in individual cases. The police should keep the superior crime investigation authorities informed of the implementation of their instructions, in particular, the development of criminal cases should be reported regularly. Commentary Paragraph 9 reflects the principles contained in the Council of Europe Committee of Ministers’ recommendation on the role of public prosecution in the criminal justice system (Rec(2000)19) concerning the relationship between the prosecution and the police. Due to the different systems prevailing in Europe, that recommendation makes a distinction between member states where the police are independent from the prosecution and those where the police are placed under the authority of the prosecution service. Irrespective of what kind of system, that recommendation gives two general functions to the prosecution vis-à-vis the police; to scrutinise the lawfulness of police investigations, and to monitor whether human rights are respected. Moreover it indicates that there should be appropriate and functional co-operation between the public prosecution and the police. In countries where the police are placed under the authority of the prosecution service, the said Recommendation (Rec(2000)19) states in its paragraph 22 that “the state should take effective measures to guarantee that the public prosecutor may: a. give instructions as appropriate to the police with a view to an effective implementation of crime policy priorities, notably with respect to deciding which categories of cases should be dealt with first, the means used to search for evidence, the staff used, the duration of investigations, information to be given to the Public Prosecution, etc.; b. where different police agencies are available, allocate individual cases to the agency that it deems best suited to deal with it; c. carry out evaluations and controls in so far as these are necessary in order to monitor compliance with its instructions and the law; d. sanction or promote sanctioning if appropriate to eventual violations.” Paragraph 9 of the present recommendation mirrors the abovedescribed rules for the prosecution service in relation the police. States should therefore see that there is functional and appropriate cooperation between the police and the prosecution service, including a police perspective. In particular, measures should be taken to ensure that the police receive clear and precise instructions from the prosecution. Such measures could be instructions through legislation or subordinate forms of regulations, accompanied by training, even co-training between the police and the prosecution etc. On the other hand, cooperation also requires that the police be obliged to inform the superior investigating authority of progress in policy matters and, in particular, in specific cases. Reporting back to the prosecution/investigating judge should preferably be regulated in detail, and equally requires training. 10. The police shall respect the role of defence lawyers in the criminal justice process and, whenever appropriate, assist in ensuring the right of access to legal assistance is effective, in particular with regard topersons deprived of their liberty.

305

 

Commentary One of the corner stones in a rule of law society is to provide everyone with equal access to law and justice. Generally, this also implies the provision of effective legal assistance to everyone whose rights and interests are threatened, see Recommendation Rec(2000)21 on the freedom of exercise of the profession of lawyer. Moreover, paragraph 6 of the European Convention on Human Rights contains the specific provision that everyone charged with a criminal offence has the right to defend himself/herself in person or through legal assistance of his/her own choosing (see also paragraph 48 of the present recommendation). Paragraph 10 highlights that the police must respect the role of defence lawyers in the criminal justice process. This implies inter alia that the police shall not interfere unduly into their work or in any sense intimidate or harass them. Moreover, the police shall not associate defence lawyers with their clients. The assistance of the police with regard to an offender’s right to legal assistance is particularly needed when the person in question is deprived of his/her liberty by the police. 11. The police shall not take the role of prison staff, except in cases of emergency. Commentary Paragraph 11 is complementary to paragraph 6, and has been included to emphasise the absolute difference of police functions from those of dealing with convicted and sentenced offenders; that is, the police in their judicial role are concerned only with pre-trial procedure. According to Council of Europe standards concerning the administration and management of probation and prison systems, for example the European Prison Rules (Rec. No. R (87) 3) and the Recommendation on staff concerned with the implementation of sanctions and measures (Rec. No. R (97) 12), it is clear that the professions of probation and prison staff are completely different from those of the police, in particular in their crime detecting function. Accordingly, personal qualifications, recruitment procedures and training are all very different. This rule indicates an important principle for the separation of powers within the criminal justice system, before and after sentencing. However, it does not preclude that police can be called for in emergency situations. In some member states, correctional staff are referred to as “penitentiary or prison police”. As was mentioned in the commentary to the definition of the scope of the code, this category of staff are not covered by the recommendation. IV. Organisational structures of the police A. General 12. The police shall be organised with a view to earning public respect as professional upholders of the law and providers of services to the public. Commentary Paragraph 2 embodies a principle, which is a key to the identity of a police organisation in a democratic society governed by the rule of law. Police work in such a society succeeds best if it is carried out with the consent of the population (“earning public respect”). Therefore, it is crucial for the police to establish a mutual understanding and cooperation with the public. This is true for most of the functions with which the police are entrusted.

306

 

The organisational structures of the police should preferably be such as to promote confidence building between the police and the public. One important aspect in this respect is to develop a high level of professionalism within the police. Another aspect is to develop the police organisation into a transparent public service body. In such a way the public may regard the police more as a service at their disposal than as a force imposed upon them. 13. The police, when performing police duties in civil society, shall be under the responsibility of civilian authorities. Commentary It should be recalled that the scope of the present code is limited to police work in civil society. The judicial side of police work – that is the police being a component of the criminal justice system – and the public order side of the police, as well as the public service dimension of police work, and the integration of the police into civil society, are all elements that are different from military functions and objectives. Moreover, the legal basis and powers of the police in a rule of law society, where the focus is on the respect for civil and political rights of individuals, are also different from those of the military. Although there are some similarities between police and military functions and performances, the aforementioned special characteristics of the police are so important in a democratic society governed by the rule of law that they should be supported by all means available. Organisational responsibility is one of the best means in this respect. A police organisation under civilian responsibility is likely to best cultivate police professionalism suitable for civil society. The organisational police structures – civil or military – differ very much in Europe. In western and northern Europe the police are primarily civilian. In central and eastern Europe, several police organisations have a military structure ; whereas in southern Europe, both models exist, sometimes side by side in the same country. Moves towards community orientation of the police is under way in several member states. These processes often contain elements of organisational reform. In central and eastern Europe, this is part of an overall transition processes into systems of democracy and the rule of law. However, this trend is also going on in parts of Europe with longstanding democratic systems. In the prevailing circumstances and, with full respect to the history and traditions in member states, paragraph 13 does not go any further than to state that police functions performed in civil society – whether carried out by civilian or militarily organised police – should ultimately be under the responsibility of civilian authorities. 14. The police and its personnel in uniform shall normally be easily recognisable. Commentary Paragraph 14 contains a principle of crucial importance for the traditional police in a democratic society governed by the rule of law; it should be easy for the general public to recognise police stations and the uniformed police. This also covers equipment used (cars etc.). The paragraph indicates that, unless there are special reasons, such as the proper exercise of police functions, the police should be distinctively recognisable from other bodies. This forms part of the general requirement of openness and transparency of police organisation, however, it also serves the purpose of easy access to the police in emergency situations. (See also paragraph 45.)

307

 

15. The police shall enjoy sufficient operational independence from other state bodies in carrying out its given police tasks, for which it should be fully accountable. Commentary The police belong to the executive power ; they cannot be fully independent of the executive, from which they receive instructions. However, in carrying out their given tasks the police must follow the law and are, in addition, entrusted with discretion. In exercising their powers, the police should not receive any instructions of a political nature. Operational independence should apply throughout the organisation. Such independence is an important feature of the rule of law, as it is aimed at guaranteeing that police operations are being conducted in accordance with the law, and when interpretation of the law is needed, this is done in an impartial and professional way. Operational independence requires that the police are fully accountable for their actions/omissions (see also section VI). 16. Police personnel, at all levels, shall be personally responsible and accountable for their own actions or omissions or for orders to subordinates. Commentary In a society governed by the rule of law, the law applies equally to all citizens. If this principle is to be meaningful it follows that police personnel, just as any citizen, must also be personally accountable for their own actions. Moreover, they should also be fully accountable for orders to subordinate police personnel, given with hierarchical powers. 17. The police organisation shall provide for a clear chain of command within the police. It should always be possible to determine which superior is ultimately responsible for the acts or omissions of police personnel. Commentary Paragraph 17, which is complementary to paragraph 16, concerns the responsibility for orders within the police. The fact that all police personnel are responsible for their own actions, does not exclude the fact that superiors may also be held responsible for having given the order. The superior may be held responsible in parallel with the implementing official, or alone in cases where the latter followed orders in good faith. (See also paragraph 38.) Through an established chain of command, ultimate responsibility for police action can be traced in an effective way. 18. The police shall be organised in a way that promotes good police/public relations and, where appropriate, effective co-operation with other agencies, local communities, non-governmental organisations and other representatives of the public, including ethnic minority groups. Commentary Paragraph 18 recommends states to organise their police based on the idea of the police as being an integrated part of society. The police may increase its efficiency if well-functioning relationships are established between them and other public bodies on different levels and, in particular, between the police and the wider public, the latter often being represented by groups or organisations of a nongovernmental character. The recommendation leaves open how to implement this principle.

308

 

Different models exist in Europe of how the police co-operate with other agencies and bring the police closer to the community. Decentralisation of the police organisation is generally considered as an important means. However, this is often closely related to the extent to which local democracy is developed in a country. “Community policing” was initially developed in the United Kingdom as a way to involve the whole community in crime prevention in particular, but also in detecting crime. Many European countries have followed this model. Urban insecurity in the bigger cities in Europe is an example of a multifaceted problem, often related to phenomena such as poverty, racism and juvenile delinquency, which cannot be effectively combated solely by police action, but which requires a wider society approach with many players involved. 19. Police organisations shall be ready to give objective information on their activities to the public, without disclosing confidential information. Professional guidelines for media contacts shall be established. Commentary The police should be as transparent as possible towards the public. A readiness by the police to disclose information on its activities is crucial for securing public confidence. At the same time, the police must respect confidentiality for a number of reasons; integrity of persons, crime investigation reasons, the principle of the presumption of innocence, security reasons etc. Obviously, even if situations like those described are well regulated in most states, there will always be a margin of appreciation left to the police in striking the balance between the two interests. In addition, communication between the police and the media can be difficult, and may not always be well prepared from the police side. Therefore, it is recommended that the police establish guidelines for their media contacts. It is noted that in some member states media relations are being dealt with in departments especially tasked for such contacts. A key principle should always be that of objectivity. 20. The police organisation shall contain efficient measures to ensure the integrity and proper performance of police staff, in particular, to guarantee respect for individuals’ fundamental rights and freedoms as enshrined, notably in the European Convention on Human Rights. Commentary The concern in paragraph 20 is to enhance a police culture which in recognising its responsibility for upholding individuals’ fundamental rights and freedoms, works to safeguard its own professional integrity through internal accountability measures. This could be realised in different ways. The leadership and management of the police certainly play an important role in establishing an ethos, which upholds individual rights and the principle of non-discrimination, both within the organisation and in dealings with the public. Other means are an open communication between staff (horizontal as well as vertical), standard setting (professional codes of conduct) and monitoring. It is clear that recruitment and training play an important role in this respect. (External accountability is dealt with in section VI.)

309

 

21. Effective measures to prevent and combat police corruption shall be established in the police organisation at all levels. Commentary There is no common international definition of corruption. The qualification of what should be considered as corruption varies from country to country. The Criminal Law Convention on Corruption adopted by the Council of Europe in 1999, does not provide a uniform definition of corruption. However, it aims at developing common standards concerning certain corruption offences such as bribery (active and passive). The term “police corruption” is often used to describe a great variety of activities, such as bribery, fabrication or destruction of evidence, favouritism, nepotism, etc. What seems to be a common understanding of police corruption is that it necessarily involves an abuse of position, an abuse of being a police official. Moreover, it is widely recognised that corruption should be regarded as a constant threat to the integrity of the police and its proper performance under the rule of law in all member states. Paragraph 21 aims at encouraging member states to put in place effective internal measures to combat corruption within their police organisations. This could include measures to define corrupt behaviour, as far as possible ; that the causes for corruption in the police be studied, and that organisational structures and control mechanisms to combat corruption be established. It should be mentioned that corruption has only in recent years become a focal point on the international agenda. Nowadays, member states consider corruption a real threat to democracy, the rule of law and the protection of human rights, and, as a result, the Council of Europe Committee of Ministers, being the pre-eminent European institution to defend these rights, has developed a series of instruments for the fight against corruption ; the Resolution on the twenty guiding principles for the fight against corruption ((97) 24) and Recommendations on the status of public officials in Europe (No. R (2000) 6) and on codes of conduct for public officials (No. R (2000) 10), which all apply to the police, and the Criminal Law Convention (ETS No. 173) as well as the Civil Law Convention on Corruption (ETS No. 174), adopted in 1999. Moreover, the Group of States against Corruption (GRECO) was established in 1998 to monitor corruption in member states. The Council of Europe is also performing other programmes with the overall objective to the fight against corruption, inter alia in the police sector, which are open to member states. B. Qualifications, recruitment and retention of police personnel 22. Police personnel, at any level of entry, shall be recruited on the basis of their personal qualifications and experience, which shall be appropriate for the objectives of the police. Commentary In order to select appropriate candidates for the police, the selection process should be based only on objective criteria. This rule deals with personal qualifications, which may be divided into personal skills and experience. The personal abilities and aptitudes of the applicant, some of which are described in paragraph 23 belong to the former category. The latter category – personal experience – covers both educational background and life experience, often the previous working experience of candidates. Personal qualifications should meet the objectives of the police, see paragraph 1. The same basic principles should apply to all ranks although the qualifications may differ.

310

 

Appointments to the police for political reasons should be avoided, in particular to posts of an operational character. 23. Police personnel shall be able to demonstrate sound judgment, an open attitude, maturity, fairness, communication skills and, where appropriate, leadership and management skills. Moreover, they shall possess a good understanding of social, cultural and community issues. Commentary The listed examples of personal skills are important for the operational staff of a police service in a democracy. The list is not exhaustive. The ultimate goal is to have police personnel with a broad understanding of the society they serve and whose behaviour is appropriate for fulfilling their tasks in accordance with the objectives of the police. 24. Persons who have been convicted for serious crimes shall be disqualified from police work. Commentary Paragraph 24 sets a minimum standard that should apply to candidates, trainees and fully integrated police personnel. However, it is open to individual member states to decide what degree of tolerance should be given to crimes that fall short of the category of “serious crimes”. Furthermore, although the existence of a conviction should be interpreted as a minimum standard before candidates or personnel are disqualified from police work, this does not exclude the possibility of candidates and personnel being disqualified if there is a well-substantiated suspicion of criminal activity against them. 25. Recruitment procedures shall be based on objective and nondiscriminatory grounds, following the necessary screening of candidates. In addition, the policy shall aim at recruiting men and women from various sections of society, including ethnic minority groups, with the overall objective of making police personnel reflect the society they serve. Commentary In order to be as beneficial as possible to the police, recruitment procedures should be carried out in an objective and non-discriminatory way. Some means for achieving this are described in paragraph 22 and its commentary. Access to the police in a non-discriminatory way also has support in the European Convention on Human Rights (Protocol No. 12) as well as in the European Social Charter. The case-law of these instruments has in this respect tended to focus on the following grounds: gender, political opinion, religion, race, national and ethnic origin. The term “necessary screening” of candidates indicates that the recruiting authority should have an ex-officio and active research approach when scrutinising the background of applicants. This requirement is more demanding in countries where the public administration, including the criminal justice system, is not so well developed or in countries which are suffering from catastrophes and war, than in countries where public records, such as criminal records, are accurate and easy to access. It is a fact that women generally are grossly under-represented in the police in all member states, and that this is even more apparent in the higher ranks and managerial positions than in the basic grades. A similar situation can generally be described for minority groups, including ethnic minority groups, in all member states.

311

 

It is appreciated that the relations between the police and the public will benefit from the composition of the police reflecting that of society. This will reinforce the efficiency of the police and promote their public support. As a consequence, every effort shall be made to this effect. The second sentence of the paragraph implies that recruitment policies shall encourage a representation in the police, which corresponds to that of the society. Such a policy should be made known to the public and implemented at a reasonable pace and take full account of the requirements stated in paragraph 22. C. Training of police personnel 26. Police training, which shall be based on the fundamental values of democracy, the rule of law and the protection of human rights, shall be developed in accordance with the objectives of the police. Commentary The police play a prominent role as a defender of the society which they serve and should preferably share the same fundamental values as the democratic state itself. The fostering of democratic values in the police is therefore crucial and training is one of the most important means in furthering such values among personnel. As a result, paragraph 26 brings in the fundamental values of all member states of the Council of Europe as an integrated part of the training of the police. Ethical and human rights aspects of police work should be introduced preferably in a problem-oriented context, which focuses on practical police work and gives a solid understanding of the underlying principles. Although member states pay considerable attention to human rights training, there is still a great need to encourage this part of police training, in particular to develop training methods and material. The Council of Europe is active in this area and several handbooks containing practical guidelines on human rights in police training have been developed on an expert level. 27. General police training shall be as open as possible towards society. Commentary The principle of openness and transparency of a police organisation, must also be reflected in the training of its staff. A police organisation which aims to carry out tasks with the support of the public, must have its personnel trained in an environment which is as close as possible to social realities. This would include the physical environment (place and equipment) as well as the intellectual input to the training. Police training in closed and remote places, involving students living in barracks, etc., may be necessary for certain types of specialist training. However, general training of police should, wherever possible, be carried out in “normalised” conditions. Another strong implication of openness is that external training, involving institutions other than the police, should be offered, in addition to internal training. Police openness towards society is also beneficial for the dynamics of training. In particular, with problem-oriented training, states of affairs in society must be faithfully reproduced for the training to be effective. 28. General initial training should preferably be followed by in-service training at regular intervals, and specialist, management and leadership training, when it is required.

312

 

Commentary Paragraph 28 contains the principle that police personnel, as a rule, initially, shall undergo general training and that initial training should be followed, if need be, by more specialised training. Such a system will help to create a staff familiar with the same basic values of policing and capable of carrying out a variety of tasks. The approach of training police personnel as generalists initially does not rule out the fact that police personnel in addition need special training relating to specific tasks and responsibilities (for example, according to their ranks). The paragraph also underlines the need to complement initial training with in-service training at regular intervals. Police training is closely related to the system of recruitment to the police. There are states where all police personnel, as a rule, are recruited as basic grades (United Kingdom model) and systems where basic grade staff and managerial staff could be recruited through separate proceedings (continental Europe), as a requirement for being recruited to the latter category is often a university degree. The principles in this rule apply to both these systems. 29. Practical training on the use of force and limits with regard to established human rights principles, notably the European Convention on Human Rights and its case-law, shall be included in police training at all levels. Commentary The practical aspects on the use of force by the police, in particular vis-à-vis individuals or groups of individuals are of such crucial importance for the police in a rule of law society, that it has been highlighted by this separate pararaph. Practical training would imply that it should be as close to reality as possible. 30. Police training shall take full account of the need to challenge and combat racism and xenophobia. Commentary Paragraph 30 draws attention to the problem of racism and xenophobia which exists in many European countries, and is an important factor in urban insecurity. Police training should, whenever necessary, challenge any racist or xenophobic attitudes within the police organisation, and also emphasise the importance of effective police action against crimes which are based on race hatred and target ethnic minorities. D. Rights of police personnel 31. Police staff shall as a rule enjoy the same civil and political rights as other citizens. Restrictions to these rights may only be made when they are necessary for the exercise of the functions of the police in a democratic society, in accordance with the law, and in conformity with the European Convention on Human Rights. Commentary The paragraphs of this section are guided by the overall principle that police in an open democratic society should have the same rights as other citizens, to the fullest possible extent. This is an important element of the rule of law and of making the police organisation part of the society it serves. The rights covered by the European Convention on Human Rights (civil and political rights) apply fully to all citizens in member states, including those

313

 

employed by the police. Some of these rights are absolute in their character, whereas others may be derogated under special conditions. In this respect, reference is made to the extensive case-law developed by the European Court of Human Rights. Paragraph 31 emphasises that member states shall not deprive their police staff of any civil and political rights, unless there are legitimate reasons directly connected to the proper performance of police duties in a democratic state governed by the rule of law. 32. Police staff shall enjoy social and economic rights, as public servants, to the fullest extent possible. In particular, staff shall have the right to organise or to participate in representative organisations, to receive an appropriate remuneration and social security, and to be provided with special health and security measures ; taking into account the particular character of police work. Commentary Paragraph 32 refers to social and economic rights, which are covered by the European Social Charter, a complementary instrument to the European Convention on Human Rights for these particular rights. Police personnel have the status of public servants (or civil servants) in several member states. As this is not the case in all member states, it is recommended that police personnel, as far as possible, should enjoy social and economic rights as public servants. Such rights may be limited because of the special character of police work. The social and economic rights listed in the paragraph highlight a few crucial rights but the list is not exhaustive. The right to “organise” (that is, to join trade unions) has in the European Social Charter (Article 5) a special interpretation when it comes to the police, as the Charter in this respect leaves a margin of appreciation to individual states. However, the case-law under the Charter has established that, even if there is no unlimited right for the police to “organise”, it would be a violation of the Charter to forbid police officers to set up their own representative associations. National law may provide for police-only associations, which is the case in some member states. However, a complete ban on the police’s right to strike is not contradictory to the Charter and its case-law, and the present recommendation does not go any further. The rights to appropriate remuneration and social security, as well as special health and security measures have been highlighted in the recommendation because of the special character of police work. This refers, for example, to the unpredictable tasks that police personnel are facing every day, to the risks and dangers inherent in police work and to the irregular working hours. Moreover, these rights of police personnel are also crucial conditions for making the police profession attractive. This aspect is extremely important, considering the need for highly qualified staff to be recruited to, and retained within, the police. Furthermore, a wellremunerated police personnel is more likely not to be involved in undesirable activities, such as corruption. 33. Disciplinary measures brought against police staff shall be subject to review by an independent body or a court.

314

 

Commentary Disciplinary sanctions against police personnel are normally an internal police matter and are often of a minor nature. However, disciplinary measures may also be severe and sometimes it is difficult to draw the line between the criminal and the disciplinary aspects of a case. Furthermore, criminal proceedings and sanctions may be followed by disciplinary measures. The possibility of having disciplinary decisions challenged by an independent body, preferably a court of law has two main advantages. First, it would provide police personnel with a safeguard against arbitrary decisions. Second, it opens up the police to society (transparency), in particular, given that court hearings and judgments/decisions of courts are normally made public. Another, more legalistic aspect is that if disciplinary measures were subject to review by a court of law, the right to a fair trial, according to Article 6 of the European Convention on Human Rights, which in certain situations applies also to disciplinary matters, would always be safeguarded. 34. Public authorities shall support police personnel who are subject to illfounded accusations concerning their duties. Commentary Police personnel, as a result of their particular tasks and close contacts with the public, will sometimes be the subject of accusations by the public concerning their performance. If such accusations are ill-founded (following impartial investigations/ proceedings) police personnel should be entitled to the necessary support from their authorities, in particular, concerning personal assistance. (Police complaints systems are dealt with in section VI.) Paragraph 34 does not exclude the fact that support to police personnel may be required in other situations, such as during internal proceedings against staff. V. Guidelines for police action/intervention Commentary This part of the recommendation deals to a large extent with guidelines for operational police personnel in their daily activities. During the preparatory work for the recommendation, reference was sometimes made to “internal ethics” for this part of the text as opposed to the “broader ethics of the police” for the sections which concern the framework for police in a democratic society, their place in the criminal justice system, organisational structures, etc. The guidelines are divided into two parts, one dealing with general principles of democratic policing which apply to almost any situation, and the other devoted to principles for specific situations which provide particular difficulties in terms of ethics and human rights in all member states. A. Guidelines for police action/intervention: general principles 35. The police and all police operations must respect everyone’s right to life. Commentary Paragraph 35, which is based on Article 2 of the European Convention on Human Rights, implies that the police and their operations shall not engage in intentional killings. Considering Article 2 of the European Convention on Human Rights in the light of Protocol No. 6 to the same Convention, concerning the

315

 

abolition of the death penalty, it should also be excluded that the police be used for the execution of capital punishment. Another factor is that police actions may lead to the loss of life as a result of the use of force by the police. That may not necessarily violate the respect for the right to life, provided that certain conditions are fulfilled. Article 2 of the European Convention on Human Rights, which contains the prohibition of intentional deprivation of life, requires that everyone’s life shall be protected by the law. The second paragraph of Article 2 reads: “Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a. in defence of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. in action lawfully taken for the purpose of quelling a riot or insurrection.” The European Court of Human Rights (see, for example McCann and others v. the United Kingdom, European Court of Human Rights, Series A, No.324-A) has held that these exceptions primarily describe situations where it is permitted to use force which may result, as an unintended outcome, in the deprivation of life. The use of force may be no more than absolutely necessary for the achievement of one of the purposes set out in a, b and c. “Absolutely necessary” implies, according to the European Court of Human Rights, in particular, that the force used must be strictly proportionate to the achievements of the aims mentioned (a, b and c). The training of police personnel in this respect is of utmost importance. 36. The police shall not inflict, instigate or tolerate any act of torture or inhuman or degrading treatment or punishment under any circumstances. Commentary The prohibition of torture or inhuman or degrading treatment or punishment contained in paragraph 36, derives from Article 3 of the European Convention on Human Rights. The European Court of Human Rights clearly and systematically affirms that Article 3 of the European Convention enshrines one of the fundamental values of democratic societies and that the prohibition is absolute. That means that under no circumstances can it be admissible for the police to inflict, instigate or tolerate any form of torture for any reason. The word “tolerate” implies that the police should even have an obligation to do their utmost to hinder such treatment, which also follows from the overall objectives of the police, see paragraphs 1 and 38 of the code. In addition to the fact that torture, inhuman or degrading treatment or punishment is a serious offence against human dignity and a violation of human rights, such measures, when used for the purpose of obtaining a confession or similar information, may, and are even likely to, lead to incorrect information from the person who is subject to torture or similar methods. Thus, there is no rational justification for using such methods in a state governed by the rule of law. It is clear that both physical and mental suffering are covered by the prohibition. For a more detailed analyses on what kinds of behaviour are covered by torture, inhuman or degrading treatment, reference is made to the case-law of the European Court of Human Rights as well as to the principles developed by the

316

 

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). These bodies have provided a rich source of guidance which must govern police action and be used in the training of police personnel. It goes without saying that a police service that uses torture or inhuman or degrading treatment or punishment against the public are unlikely to earn the respect or confidence of the public. 37. The police may use force only when strictly necessary and only to the extent required to obtain a legitimate objective. Commentary Paragraph 37 recognises the case-law of the European Court of Human Rights with regard to Article 2 of the European Convention on Human Rights, see the commentary to paragraph 34. However, it should be noted that the present rule is applicable to all kinds of situations where the police are entitled to use force. As a starting point, there must always be a legal basis for police operations (paragraph 3 of the code), including the use of force. Arbitrary use of force can never be accepted. Moreover, pararaph 37 indicates that the use of force by the police must always be considered as an exceptional measure and, when there is need for it, no more force than is absolutely necessary may be used. This implies that the force used should be proportionate to the legitimate aim to be achieved through the measure of force. There must, accordingly, be a proper balance between the using of force and the situation in which the force is used. In practical terms, this means, for example, that no physical force should be used at all, unless strictly necessary; that weapons should not be used, unless less strictly necessary ; and, if lethal weapons are deemed necessary, they should not be used beyond what is considered strictly necessary – shoot to warn before shoot to wound and do not wound more than is strictly necessary, etc. Normally, national legislation and regulations should contain provisions on the use of force based on the principles of necessity and proportionality. However, the practical approach to the problem in a given situation is more difficult as the use of force, according to the above principles, places a heavy burden on the police and emphasises the need for police personnel not only to be physically fit and equipped but also, to a large extent, to have well-developed psychological skills. The importance of recruitment of suitable personnel to the police, as well as their training cannot be under estimated in this respect, (see also paragraphs 23 and 29). 38. Police must always verify the lawfulness of their intended actions. Commentary It is a basic requirement that the police, in a society governed by the rule of law, conduct only lawful activities. It follows from paragraph 3, that the lawfulness test is not limited only to national law, but includes international human rights standards. Paragraph 38 gives the police an ex-officio obligation to control the legality of their action before and during their interventions. This applies to the police as an organisation as well as to the individual police official. A system of checks and balances within the police, as well as training, are important means of ensuring that such verification becomes systematic.

317

39. Police personnel shall carry out orders properly issued by their superiors, but they shall have a duty to refrain from carrying out orders which are clearly illegal and to report such orders, without fear of any form of sanction. Commentary Since police personnel, in accordance with pararaph 16, should be held personally liable for their own actions, there must be an opportunity for them to refuse to carry out orders which are illegal (contrary to the law). The wording “clearly illegal”, has been chosen to avoid incurring police disobedience in situations where the legality of an order is unclear. With full respect to the necessary hierarchical structures in the police, the overall idea of paragraph 39 is to avoid the individual’s responsibility for flagrant illegal activities and human rights violations being “covered up” by hierarchical structures. The operational independence of the police from other state bodies (paragraph 15), works in the same direction. The duty with regard to illegal orders should also contain an obligation to report such orders. The reporting of illegal orders shall have no negative repercussion or sanctions on the reporting staff. 40. The police shall carry out their tasks in a fair manner, guided in particular, by the principles of impartiality and non-discrimination. Commentary The fairness requirement is an overall and open-ended quality, which comprises the principles of impartiality and non-discrimination as well as other qualities. The police act with fairness when they show full respect for the positions and rights of each individual that are subject to their police duties. Fairness should apply to all aspects of police work, but it is particularly emphasised with regard to the public. The impartiality requirement implies, for example, that the police should act with integrity and with a view to avoiding taking sides in a conflict which is under scrutiny. In the case of an offence, the police must take no position on the question of guilt (see also paragraph 47). Furthermore, impartiality requires that police personnel abstain from any activity outside the police which is likely to interfere with the impartial discharge of their police duties or which may give rise to the impression amongst the public that this is the case. The general principle of non-discrimination and equality is a fundamental element of international human rights law. With the adoption of Protocol No. 12 to the European Convention on Human Rights, there is a general prohibition on discrimination contained in that instrument. The scope of protection against discrimination concerns rights under the European Convention on Human Rights, individual rights directly under national law or via obligations to public authorities, and acts by public authorities in their exercise of discretionary powers or any other act of such a body, for example the police. Paragraph 40 does not list particular grounds of discrimination. However, there is no intention to deviate from what is contained in the European Convention on Human Rights, which mentions a nonexhaustive list to which further grounds could be added. Examples of grounds of discrimination are gender, race, colour, language, religion, political or other opinion, national or social

318

 

origin, association with a national minority, property, birth or other status, physical or mental disability, sexual orientation or age. Finally, it should be mentioned that in certain cases, unequal treatment, which has an objective and reasonable justification, may not amount to discrimination, according to the European Convention on Human Rights and its case-law. 41. The police shall only interfere with individual’s right to privacy when strictly necessary and only to the extent required to obtain a legitimate objective. Commentary An individual’s “right to privacy” would include the rights covered by Article 8 of the European Convention on Human Rights: private life, family life, home and correspondence. As a starting point, there must always be a legal basis for police operations (paragraph 3 of the code), including that of interference with people’s privacy. Arbitrary interference can never be acceptable. Moreover, the present rule indicates that the interference in people’s privacy must always be considered as an exceptional measure and, even when justified, should involve no more interference than is absolutely necessary. 42. The collection, storage, and use of personal data by the police shall be carried out in accordance with international data protection principles and, in particular, be limited to the extent necessary for the performance of lawful, legitimate and specific purposes. Commentary The use of new information technologies largely facilitates police action against different forms of criminality. The registration and the analysis of personal data, in particular, allows the police to cross-check information and thus to expose networks whose existence would otherewise remain obscure without resort to these tools. However, the uncontrolled use of personal data may constitute violations of the right to privacy of the individual concerned. In order to avoid abuse at the stages of collection, storage and use of personal data, such police activities must be guided by principles of data protection. In this respect, the principles expressed in paragraph 42 should be considered in the light of Recommendation No. R (87) 15 of the Council of Europe Committee of Ministers regulating the use of personal data in the police sector. 43. The police, in carrying out their activities, shall always bear in mind everyone’s fundamental rights, such as freedom of thought,conscience, religion, expression, peaceful assembly, movement and the peaceful enjoyment of possessions. Commentary The rights referred to in paragraph 43 are a recapitulation of rights provided for in the European Convention on Human Rights (Articles 9, 10 and 11 of the Convention, Article 1 of its Protocol No. 1 and Article 2 of Protocol No.4 to the same Convention), which are essential for the effective functioning of an open democratic society, but which have not been dealt with elsewhere in the recommendation. The police play a major part in safeguarding these rights – without which democracy becomes an empty notion without any basis in reality – either directly, through safeguarding democratic arrangements, or indirectly, through their general responsibility for upholding the rule of law.

319

 

44. Police personnel shall act with integrity and respect towards the public and with particular consideration for the situation of individuals belonging to especially vulnerable groups. Commentary The police service is judged by the public, to a large extent, how police personnel act. Correct behaviour of individual police officials is, therefore, of ultimate importance for the credibility of the police. In order to earn the respect of the public, it is not sufficient only to act within the law, but to apply the law with integrity and respect towards the public; applying the law with a degree of common sense and never to forget the “public service” element which is a necessary dimension in police work. Police personnel act with integrity and respect towards the public when they are professional, impartial, honest, conscientious, fair and just, politically neutral and courteous. In addition, the police should acknowledge that the public consists of individuals with individual needs and demands. Vulnerable groups in society call for extra consideration by the police. 45. Police personnel shall during intervention normally be in a position to give evidence of their police status and professional identity. Commentary Paragraph 45, which is closely linked to paragraph 14, has two main purposes. Firstly, the intervening police personnel shall as a rule always be in a position to give evidence that they belong to the police. Secondly, they shall normally also be in a position to identify themselves as an individual member of the police (“professional identity”). The requirement that police personnel normally should give evidence of their professional identity before, during or after intervention is closely linked to personal police responsibility for action or omission (paragraph 16). Without the possibility of identifying the individual police man/woman, personal accountability, seen from the perspective of the public, becomes an empty notion. It is clear that the implementation of this regulation must be balanced between the public interest and the safety of police personnel on a case by case basis. It should be stressed that the identification of a member of the police does not necessarily imply that his/her name be revealed. 46. Police personnel shall oppose all forms of corruption within the police. They shall inform superiors and other appropriate bodies of corruption within the police. Commentary Paragraph 46, which concerns the conduct of police personnel, is complementary to that of paragraph 21, which deals with organisational structures in the fight against corruption. The paragraph places a positive obligation upon the police official to avoid corrupt behaviour as an individual and discourage it among colleagues. Police officials shall, in particular, carry out their duties in accordance with the law, in an honest and impartial way and should not allow their private interests to conflict with their position in the police. To this end, police officials shall always be on the alert for any actual or potential conflicts of interest and take steps to avoid such conflicts. They shall report to their superiors or to other appropriate authorities if they become aware of corrupt behaviour within the police.

320

 

It should be noted that Council of Europe Committee of Ministers Recommendation No. R (2000) 10 on codes of conduct for public officials (drafted by the Multidisciplinary Group on Corruption, GMC) is applicable to police organisations and their personnel. B. Guidelines for police action/intervention: specific situations 1. Police investigation 47. Police investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime. Commentary In order to avoid arbitrary police investigations, a minimum requirement should be fulfilled before the police initiate any such investigation. There should at least be reasonable (and legitimate) suspicion of an offence or crime, that is the suspicion must be justified by some objective criteria. 48. The police must follow the principles that everyone charged with a criminal offence shall be considered innocent until found guilty by a court, and that everyone charged with a criminal offence has certain rights, in particular, the right to be informed promptly of the accusation against him/her, and to prepare his/her defence either in person, or through legal assistance of his/her own choosing. Commentary The principle of the presumption of innocence, contained in Article 6 of the European Convention on Human Rights, is one of the most important rights of individuals in the criminal justice process. The police, often the first link of the chain in this process, have a particularly difficult task as they must, in an objective manner, investigate a case and no matter how overwhelming the evidence is against a suspect, must respect the presumption of innocence. With regard to relations between the police and the public, in particular the media, the problem becomes even more accentuated (see also paragraph 19). The list of certain additional minimum rights of everyone charged with a criminal offence, also drawn from Article 6 of the European Convention on Human Rights, is also extremely important for the police to bear in mind, as these rights should be provided for from the start of the criminal justice process ; that is to say, often during the police investigation. 49. Police investigations shall be objective and fair. They shall be sensitive and adaptable to the special needs of persons, such as children, juveniles, women, minorities, including ethnic minorities and vulnerable persons. Commentary Police work should always be guided by objectivity and fairness. This is particularly important in police investigations. The objectivity required implies that the police must carry out an investigation impartially, that is, they should base an investigation on all relevant circumstances, facts and evidence, that work both for and against their suspicions. Objectivity is also a criteria for the fairness requirement, which, in addition, requires that the investigation procedure, including the means used, is such as to provide for an environment that lends itself to a “just” process, where the individual’s fundamental rights are respected. The fairness requirement for police investigations also means that consideration must be taken of an individual’s right to participate fully. The investigation must, for

321

 

example, be adapted to take account of the physical and mental capacities and cultural differences of those involved. Investigations concerning children, juveniles, women and individuals belonging to minority groups, including ethnic minorities are particularly important in this respect. The investigation should be thorough, with as limited a risk of disturbance to those subject to the investigation as possible. Upholding these measures sustains “fair police process”, which constitutes the preparatory basis for a “fair trial”. 50. Guidelines for the proper conduct and integrity of police interviews shall be established, bearing in mind paragraph 48. They shall, in particular, provide for a fair interview during which those interviewed are made aware of the reasons for the interview as well as other relevant information. Systematic records of police interviews shall be kept. Commentary This rule, which generally applies to police interviews, originates in statements with regard to the interrogation process in custody made by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), as contained in its 2nd General Report (1992): “…the CPT considers that clear rules or guidelines should exist on the way in which police interviews are to be conducted. They should address inter alia the following matters: the informing of the detainee of the identity (name and/or number) of those present at the interview; the permissible length of an interview; rest periods between interviews and breaks during an interview; places in which interviews may take place; whether the detainee may be required to stand while being questioned ; the interviewing of persons who are under the influence of drugs, alcohol, etc. It should also be required that a record be systematically kept of the time at which interviews start and end, of any request made by a detainee during an interview, and of the persons present during each interview. The CPT would add that the electronic recording of police interviews is another useful safeguard against the ill-treatment of detainees (as well as having significant advantages for the police).” Paragraph 50, is applicable to all police interviews, regardless of whether those subject to the interview are in custody or not. 51. The police shall be aware of the special needs of witnesses and shall be guided by rules for their protection and support during an investigation, in particular, where intimidation of witnesses is at risk. Commentary Police personnel must be competent in handling the early stages of an investigation, in particular, contacts with those implicated in a crime. The proper protection of witnesses is necessary for their safety, which is a crucial condition for them to give evidence and thus for the outcome of the investigation. When intimidated witnesses are afraid of the possible consequences of giving evidence, investigative techniques must be flexible, and take this into account. The problem of intimidated witnesses is particularly critical in situations, such as those related to terrorism, to organised crime, to drug-related crime and to violence within the family. Moreover, in cases where the witnesses are also victims of the crime, the handling of witnesses becomes even more complex.

322

 

Paragraph 51 underlines how important it is for the police to be aware of the special needs of witnesses in different situations, and their protection. Not only does this call for special training of police personnel, but guidelines are also necessary to determine the proper handling of witnesses by the police. In this respect reference is made to the extensive work already carried out by the Council of Europe concerning witness and victim protection (Committee of Ministers’ Recommendations No. R (85) 4 on the violence in the family, No. R (85) 11 on the position of the victim in the framework of criminal law and procedure, No. R ((87) 21 on assistance to victims and prevention of victimisation, No. (91) 11 on sexual exploitation, pornography and prostitution of, and trafficking in children and young adults, No. R (96) 8 on crime policy in Europe in a time of change, and No. R (97) 13 on intimidation of witnesses and the rights of the defence). 52. Police shall provide the necessary support, assistance and information to victims of crime, without discrimination. Commentary Paragraph 52 summarises the police duties of providing assistance and information for victims of crime as stated in Recommendation No. R (85) 11 on the position of the victim in criminal law and procedure. In addition, the paragraph places an obligation on the police to provide the necessary support for victims, which implies that there is a readiness and capacity within the police to provide such support either directly or through other agencies and organisations. 53. The police shall provide interpretation/translation where necessary throughout the police investigation. Commentary Paragraph 53 of the code complements Article 5.2 of the European Convention on Human Rights, which gives everyone who is arrested the right to be informed of the reasons for the arrest, and the charge against them, in a language which they understand. 2. Arrest/deprivation of liberty by the police 54. Deprivation of liberty of persons shall be as limited as possible and conducted with regard to the dignity, vulnerability and personal needs of each detainee. A custody record shall be kept systematically for each detainee. Commentary Deprivation of liberty must be regarded as an exceptional measure, which may never be used unless absolutely necessary and must be limited in time. As with all police operations, this measure must always be lawful. Paragraph 54 emphasises that with every arrest/deprivation of liberty, the individual needs of the person concerned must be fully considered. In accordance with the statement of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, in its 2nd General Report (1992), a comprehensive custody record should be kept for each arrested person/detainee: “The CPT considers that the fundamental safeguards granted to persons in police custody would be reinforced (and the work of police officers quite possibly facilitated) if a single and comprehensive custody record were to exist for each person detained, on which would be recorded all aspects of his custody and action taken regarding them (when deprived of liberty and reasons for that measure; when told of rights ; signs of injury, mental illness, etc; when next of kin/consulate and

323

 

lawyer contacted and when visited by them; when offered food; when interrogated; when transferred or released, etc.). For various matters (for example, items in the person’s possession, the fact of being told of one’s rights and of invoking or waiving them), the signature of the detainee should be obtained and, if necessary, the absence of a signature explained. Further, the detainee’s lawyer should have access to such a custody record.” 55. The police shall, to the extent possible according to domestic law, promptly inform persons deprived of their liberty of the reasons for the deprivation of their liberty and of any charge against them, and shall also without delay inform persons deprived of their liberty of the procedure applicable to their case. Commentary Paragraph 55 brings to the attention the right provided for in Article 5.2 of the European Convention on Human Rights (“[e]veryone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.”) and a statement by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in its 2nd General Report (1992), that persons “taken into police custody should be expressly informed without delay of all their rights” (including those contained in paragraph 56). To this has been added that persons deprived of their liberty should also be informed of the procedure of their case. (The wording “to the extent possible according to domestic law” is used as this information is sometimes provided by authorities other than the police, such as the public prosecution service.) 56. The police shall provide for the safety, health, hygiene and appropriate nourishment of persons in the course of their custody. Police cells shall be of a reasonable size, have adequate lighting and ventilation and be equipped with suitable means of rest. Commentary Paragraph 56 gives the police full responsibility for the standard of the physical environment of persons deprived of their liberty, who are kept in police facilities. The paragraph implies that the police have an obligation to care actively for the safety of persons kept in their custody. They should take full responsibility for safeguarding those in their custody from harm, originating either from outside or inside the custody, including self-inflicted harm by the detainee. This would, for example, involve the separation of dangerous persons. Furthermore, deterioration in the health of the person deprived of liberty – mental as well as physical – should, as far as possible, be prevented and medical care provided if necessary. This may also imply that instructions of doctors or other competent medical personnel must be followed. The police should also provide for appropriate hygiene, including toilet facilities, and food. Police cells should be of a reasonable size, considering the number of persons accommodated. Furthermore, there should be “adequate lighting”, preferably natural day light as well as artificial light. “Adequate ventilation” implies that fresh air should be available at an appropriate temperature. Suitable means of rest, bed or chair, should be provided for all persons kept in police custody. (Reference is also made to further standards established by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.)

324

57. Persons deprived of their liberty by the police shall have the right to have the deprivation of their liberty notified to a third party of their choice, to have access to legal assistance and to have a medical examination by a doctor, whenever possible, of their choice. Commentary This rule is based on the three rights of persons who are deprived of their liberty by the police, which have been identified by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT): “The CPT attaches particular importance to three rights for persons detained by the police : the right of the person concerned to have the fact of his detention notified to a third party of his choice (family member, friend, consulate), the right of access to a lawyer, and the right to request a medical examination by a doctor of his choice (in addition to any medical examination carried out by a doctor called by the police authorities). They are, in the CPT’s opinion, three fundamental safeguards against the ill-treatment of detained persons which should apply as from the very outset of deprivation of liberty, regardless of how it may be described under the legal system concerned (apprehension, arrest, etc.).” (CPT 2nd General Report, 1992) 58. The police shall, to the extent possible, separate persons deprived of their liberty under suspicion of having committed a criminal offence from those deprived of their liberty for other reasons. There shall normally be a separation between men and women as well as between adults and juveniles. Commentary Out of respect for the dignity and integrity of individuals and their needs, the police should avoid, whenever possible, keeping criminal suspects together with other categories of persons deprived of their liberty (for example, immigration detainees). This rule is in accordance with principles established by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Other grounds for separation are gender and age, however, separation on these grounds must also take into account personal needs and decency. VI. Accountability and control of the police 59. The police shall be accountable to the state, the citizens and their representatives. They shall be subject to efficient external control. Commentary The police shall be accountable to the state (through central, regional or local bodies) from which it derives its policies and powers. Accordingly, there are state bodies to monitor and control the police in all member states. However, state control over the police must, in an open democratic society, be complemented by the means for the police to be answerable to the public, that is the citizens and their representatives. Police accountability vis-à-vis the public is a crucial condition for making cooperation between the police and the public a reality. There are several means of rendering the police accountable to the public. Accountability can be direct or channelled through bodies representing the public. Generally, openness and transparency of the police are, however, basic requirements for accountability/control to be effective. Complaints procedures, dialogue and co-operation as means of accountability are included in paragraphs 59 to 63.

325

 

60. State control of the police shall be divided between the legislative, the executive and the judicial powers. Commentary In order to make the control of the police as efficient as possible, the police should be made accountable to various independent powers of the democratic state, that is the legislative, the executive and the judicial powers. In a simplified model, the legislative power (the parliament) exercises an a priori control by passing laws that regulate the police and their powers. Sometimes the legislative power also performs an a posteriori control through “justice and interior commissions” or through “parliamentary ombudsmen”, who may initiate investigations, ex officio or following complaints by the public concerning maladministration. The executive power (government : central, regional or local), to which the police are accountable in all states, have a direct control over the police as the police are part of the executive power. The police receive their means from the budget which is decided by the government (sometimes approved by the parliament). Furthermore, the police receive directives from the government as to the general priority of their activities and the government also establishes detailed regulations for police action. It is important to emphasise that the police should be entrusted with operational independence from the executive in the carrying out their specific tasks (see also paragraph 15). The judicial powers (in this context comprising the prosecution service and the courts) should constantly monitor the police in their functions as a component of the criminal justice system. The judicial powers (in this context the courts), also perform an a posteriori control of the police through civil and criminal proceedings initiated by other state bodies as well as by the public. It is of the utmost importance that these powers of the state are all involved in the control of the police in a balanced way. 61. Public authorities shall ensure effective and impartial procedures for complaints against the police. Commentary Complaints against the police should be investigated in an impartial way. “Police investigating the police” is an issue which generally raises doubts as to impartiality. States must therefore provide systems which are not only impartial but also seen to be impartial, to obtain public confidence. Ultimately, it should be possible to refer such complaints to a court of law. 62. Accountability mechanisms, based on communication and mutual understanding between the public and the police, shall be promoted. Commentary Paragraph 62 encourages the development of public-police relations through accountability mechanisms. These should bring the public closer to the police and would contribute to a better mutual understanding and foster the settlement of disputes between the police and the public. Mechanisms for such accountability could include a mediation or complaints structure that provides contact and negotiation and an informal method of dispute resolution. Preferably, such mechanisms should be independent of the police.

326

 

In addition, member states should consider strengthening existing structures, or develop new ones for police accountability in certain situations where the police enjoy wide discretion vis-à-vis the individual, for example in the use of force, when persons are deprived of their liberty, when the police interview suspects, and when they use certain investigative measures. Transparency and public monitoring of situations, such as the provision of public access to police cells is an example of such a measure, which is beneficial for the public as well as for the police as it gives the public a measure of control as well as helping to counteract any illfounded accusations against the police. 63. Codes of ethics of the police, based on the principles set out in the present recommendation, shall be developed in member states and overseen by appropriate bodies. Commentary Member states are encouraged to develop codes of ethics based on the values reflected in this recommendation. It may be difficult to distinguish between ethical codes and codes of conduct, however, these should clearly be distinguished from disciplinary instruments, as the latter are aimed rather at defining what constitutes a breach of professional conduct and its internal consequences. Ethical codes should be overseen by appropriate bodies. It is up to member states to give this task to existing bodies or to create new ones. Such bodies should, for example, be independent from the police, be as transparent as possible towards the public and at the same time have an understanding of police matters. The ombudsman institution is an example of such a body. VII. Research and international co-operation 64. Member states shall promote and encourage research on the police, both by the police themselves and external institutions. Commentary The police is an important institution of a democratic state governed by the rule of law. It is a vital component of the criminal justice system and the body responsible for public order. The police is provided with specific powers and should be, at the same time, an integrated part of the society it serves, etc. Such a multifaceted body clearly warrants the best critical attention in the form of research and police studies. Internal police research should therefore be complemented with research on the police by institutions independent of the police. A close link between police training and universities is an example of a measure that would serve such a research purpose. 65. International co-operation on police ethics and human rights aspects of the police shall be supported. Commentary The values and principles expressed in the recommendation need to be implemented through legislation, regulations and training. In addition, acceptance of these values should grow from within the police. For these reasons there is a need to stimulate international co-operation between the police in Europe, including states and international organisations, such as ICPO-Interpol, Europol and Cepol. The Council of Europe, with its particular expertise in articulating democratic values, ethics, human rights and the rule of law, has an important role in facilitating this cooperation.

327

 

66. The means of promoting the principles of the present recommendation and their implementation must be carefully scrutinised by the Council of Europe Commentary The adoption of the European Code of Police Ethics is in itself an important step for the promotion of Council of Europe principles with regard to the police in member states. However, the principles contained in the code should also be actively promoted following its adoption. First, the code is a basic text which should be complemented with other Council of Europe legal instruments targeting specific topics more in depth. Second, an intergovernmental structure within the Council of Europe could be a useful basis for furthering police matters in member states. Considering that the police in all member states are bodies closely associated with the criminal justice systems and their activities are mainly related to law and order, crime prevention and crime control, follow-up action should preferably be considered in such a context. The knowhow and expertise built up with regard to police ethics, criminal justice, the individual’s fundamental rights, and the rule of law, could in such a way be maintained in the future within the Council of Europe. Appendix to the explanatory memorandum The following persons participated in the work of the Committee of Experts on Police Ethics and Problems of Policing (PC-PO), 1998 – 2001: Member states: Mr Albin Dearing (Austria), Mr Luc Boghaert, Mr Claude Gillard and Mr Jean-Paul Wuyts (Belgium), Mr Drazˇen Ivanusˇec and Mr Zˇ dravko Zˇ idovec (Croatia), Mr George Panayiotou, Mr Harry Stavrou and Mr Kyracos Theophilou (Cyprus), Mr Radim Buresˇ , Mr Tomásˇ Burˇil and Ms Hana Sˇ najdrová (Czech Republic), Mr Thomas Jacobi and Mr Karsten Petersen (Chairman of PC-PO) (Denmark), Ms Dominique-Antoinette Gaux, Ms Magali Ingall-Montagnier, Mr Jean-Amédée Lathoud, Mr Hugues Lebeau, Mr Emmanuel Miglierina, Mr Jean-Louis Ottavi and Mr José R-V Razafindranaly (France), M. Efstratios Papathnassopoulos (Greece), Mr Giovanni Cataldo and Mr Francesco Mandoi (Italy), Mr Darius Grebliauskas and Mr Edmundas Janku- nas (Lithuania), M. Alexander Bordian and Ms Nelea Didic (Moldova), Mr Andrzej Wis’niewski (Poland), Mr Alberto Borges, Mr José Manuel Carrolo and Ms Silvia Pedrosa (Portugal), Mr Pavel Abraham (Romania), Mr Janez Mekinc (Slovenia), Mr Juan María Cabo Mansilla, Mr Domingo Perez Castaño and Mr Manuel Marion Mainer (Spain), Mr Alexandar Doncev and Mr Nikola Matovski (“the Former Yugoslav Republic of Macedonia”), Mr Osman Balci, Mr Kemal Baslar, Mr Vahit Bicak, Mr Ibrahim Cerrah, Mr Kadri Özkan and Mr Mustafa Yavwz (Turkey), Mr Hugh Orde and Mr John Slater (United Kingdom). Observers: Mr Etienne de Perier (European Commission), Mr Olivier Foures and Mr Laurent Grosse (ICPO-Interpol), Mr Guido Brummelkamp, Mr Juan María Cabo Mansilla and Mr Emmanuel Miglierina (AEPC) and Mr Edouard Janssens (Intercenter). Scientific Experts: Mr Amadeu Recasens I Brunet (Spain) and Mr Neil Richards (United Kingdom). Secretariat: Mr Björn Janson, Council of Europe.

328

 

CONTENT From the Author ................................................................................................. 3 LAW ENFORCEMENT AUTHORITIES OF THE REPUBLIC OF KAZAKHSTAN (Lecture notes) ................................................................. 5 Lecture 1. The subject and system of the "Law Enforcement Authorities of the Republic of Kazakhstan" module ............................................................. 5 Lecture 2. Judicial power and justice in the Republic of Kazakhstan ................ 12 Lecture 3. Judicial system in the Republic of Kazakhstan................................. 18 Lecture 4. Organizational provision of court activities ..................................... 36 Lecture 5. Bodies of the Prosecutor's Office of the Republic of Kazakhstan ..................................................................................................... 45 Lecture 6. Organs of Internal Affairs of the Republic of Kazakhstan ............... 59 Lecture 7. Local Police Service ......................................................................... 90 Lecture 8. National Anti-Corruption Bureau (Anti-Corruption Service), its tasks and competence..................................................................................... 100 Lecture 9. Economic Investigations Office ....................................................... 109 Lecture 10. Law Enforcement Service of the Republic of Kazakhstan ............. 121 Lecture 11. Security authorities of the Republic of Kazakhstan ....................... 138 Lectures 12. Legal assistance and its organization ............................................ 166 Lecture 13. The main law enforcement institutions and the criminal justice system of the Federal Republic of Germany and the Czech Republic ..... 174 Lecture 14. Review of police activities and the criminal justice system........... 183 of the French Republic, the Italian Republic and the Republic of Turkey Lecture 15. International norms and standards for the observance of human rights in the work of the police ........................................................... 200 Annex 1 ............................................................................................................... 204 COURSE PROGRAMME .................................................................................. 204 CASE STUDIES ................................................................................................ 209 TESTS ................................................................................................................ 215 QUESTIONS FOR THE PREPARATION FOR THE EXAM .......................... 258 QUESTIONS TO SEMINARS (PRACTICAL) ACTIVITIES .......................... 262 GLOSSARY ....................................................................................................... 270 Annex 2 ............................................................................................................... 274 Code of Conduct for Law Enforcement Officials ............................................... 274 International Code of Conduct for Public Officials ............................................ 279 Declaration on the Police.................................................................................... 281 The European Code of Police Ethics .................................................................. 284

329

 

Еducational issue

Samaldykov Maksut LAW ENFORCEMENT AUTHORITIES OF THE REPUBLIC OF KAZAKHSTAN Textbook Typesetting and cover design K. Umirbekova

IB №12252

Signed for publishing 12.09.2018. Format 60x84 1/16. Offset paper. Digital printing. Volume 20,6 printer’s sheet. 90 copies. Order №5925. Publishing house «Qazaq University» Al–Farabi Kazakh National University KazNU, 71 Al-Farabi, 050040, Almaty Printed in the printing office of the «Qazaq University» publishing house.

330