Law on Operational - Investigative Activity (1994, as amended 2005)

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

CONCERNING THE OPERATIVE-INVESTIGATIVE ACTIVITY

AMENDMENTS AND ADDITIONS INTRODUCED BY:

1) Edict No. 2725 of 25th December 195 of the President of the Republic of Kazakhstan, Having the Force of a Law, Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan. (Articles: 6, 10, 12). Effective from the 1st January 1996;

2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. (Articles: 6, 10, 12, 20, 21, 23);

3) Law No. 327 of 22nd December 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Financing State Institutions. (Article: 20, 21). Effective from the 1st January 1999;

4) Law No. 42 of 29th March 2000 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Secrecy. (Article: 8). Effective from the 1st of April, 2000;

5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption. (Articles: 6, 7, 8, 10, 12). Effective from the 30th of March 2001;

6) Law No. 244 of 16th July 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Reforming the Criminal Penal System and Status of Its Workers. (Article 6, 10, 12). Effective from the 1st of January, 2002;

7) Law No. 295 of the 19th February 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Fighting Terrorism. (Articles: 11, 12). Effective from the 5th March 2002;

8) Law No. 338 of 10th July 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan. (Articles: 6, 10, 12). Effective from the 30th July 2002;

9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision. (Articles: 4, 10, 11, 12, 25). Effective from the 26th August 2002;

10) Law No. 592 of 9th July 2004 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Operative and Investigative Activities. (Articles: 6, 10, 12). Effective 25th July 2004;

11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations. (Roman Chapter numbers changed for Arabic ones; Articles: 20, 21 replaced). Effective January 1, 2005;

12) Law No. 25 of 29th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Justice Authorities. (Article 12). Effective January 7, 2005; and

13) Law No. 67 of 8th July 2005 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Ensuring National Security. (Articles: 11, 12). Effective date n/a

This Law shall define the contents of the operative-investigative activity as carried in the territory of the Republic of Kazakhstan and it shall enforce the system of legal guarantees of lawfulness when it is carried out.

Section I 1. General Provisions

Article 1. The Operative-Investigative Activity

The operative-investigative activity is a scientifically-motivated system of overt and covert operative-investigative, institutional and administrative measures which are carried out in accordance with the Constitution of the Republic of Kazakhstan, this Law, other laws and regulatory acts of the Republic of Kazakhstan by specifically authorised state bodies* within the bounds of their authority for the purpose of protecting lives, health, rights, freedoms and legitimate interests of citizens**, property, ensuring national and public security from criminal attempts, as well as from intelligence and subversive activities of secret services of foreign states and international organisations.

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

** Citizens in this Law are understood as the citizens of the Republic of Kazakhstan, foreign citizens and stateless persons who permanently or temporarily reside or are present in its territory.

Article 2. The Objectives of the Operative-Investigative Activity

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

    - protection of lives, health, rights, freedoms, legitimate interests of citizens and property (irrespective of the type) from illegal encroachments;

    - assistance in ensuring public security, national security and strengthening of its economic potential and defence capacity;

    - detection, prevention, elimination and exposure of crimes;

    - performance of measures for finding persons who hide from bodies of inquest, investigation and court, evade criminal punishment, missing persons and other persons in the cases specified by the law;

    - detection, prevention and elimination of intelligence and subversive activities of secret services of foreign states and international organisations;

    - ensuring security of the President of the Republic of Kazakhstan and other protected persons;

    - ensuring security of the national frontier;

    - ensuring the safety of information which constitutes state secrets and other secrets protected by the law; assistance to enterprises, institutions and organisations (irrespective of the form of ownership) in protection of commercial secrets;

    - support of the regime which is established by criminal penal legislation in the places of deprivation of freedom;

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

Article 3. The Principles of the Operative-Investigative Activity

The operative-investigative activity shall be carried out in accordance with the principles of legality, observance of rights and freedoms, respect of personal dignity, equality of citizens before the law, on the basis of secrecy, combination of overt and covert methods, professional ethics.

Article 4. The Legal Fundamentals for Operative-Investigative Activity

amended by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision.

1. The Constitution of the Republic of Kazakhstan, this Law as well as other laws and other regulatory acts of the Republic of Kazakhstan shall constitute the legal fundamentals for the operative-investigative activity.

2. The bodies which carry out the operative-investigative activity shall issue regulatory acts which regulate the organisation and tactics for conducting operative-investigative efforts pursuant to coordination with the Procurator General of the Republic [inserted by 9] within the bounds of their authority on the basis of this Law.

Article 5. Observance of the Rights and Freedoms of Individuals in Performance of the Operative-Investigative Activity

1. It shall not be allowed to carry out operative-investigative efforts, nor use the information obtained in the course of their performance, for attaining purposes and objectives which are not specified in this Law.

2. Efforts of the body which carries out the operative-investigative activity may be challenged in the superior body, or procurator's office, or court.

3. The person whose guilt of preparing or committing a crime is not proven in accordance with the procedure established by the law, shall have the right to require from the body which is carrying out the operative-investigative activity the information which served as the basis for his examination and on the nature of the information which is available concerning himself, within the bounds precluding disclosure of the state secrets or other secrets protected by the law.

In the case of recognition as groundless of the decision of the body which is carrying out the operative-investigative activity to deny disclosure of appropriate information to the applicant, the judge by his motivated definition, and the procurator by his injunction may compel said authority to disclose to the applicant the information specified in paragraph 3 of this Article.

4. For the purposes of ensuring the fulness and impartiality of considering a complaint, all operative and service documents, except for the information concerning the identity of the persons collaborating or having collaborated on a confidential basis with the bodies that carry out the operative-investigative activity shall be presented pursuant to the demand of the procurator or judge.

5. The information obtained as a result of the operative-investigative activity, concerning private life, honour and dignity of individuals, unless they contain information on commission of acts prohibited by the law, shall not be stored and it shall be destroyed.

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

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

as amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of Kazakhstan, Having the Force of a Law, Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan;

2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;

5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption;

6) Law No. 244 of 16th July 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Reforming the Criminal Penal System and Status of Its Workers;

8) Law No. 338 of 10th July 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan; and

10) Law No. 592 of 9th July 2004 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Operative and Investigative Activities.

In the territory of the Republic of Kazakhstan the operative-investigative activity shall be carried out by the following:

    a) bodies of internal affairs;

    b) bodies of national security;

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

    d) bodies of the Tax Service of the Ministry of Finance bodies of the Tax Financial [modified by 5] Police; [modified by 1]

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

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

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

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

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

    j) customs authorities. [introduced by 10]

The list of the bodies which carry out the operative-investigative activity may be changed or added only by law.

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

as amended by 5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption.

When pursuing the objectives of the operative-investigative activity as defined by this Law, the bodies authorised to carry it out, shall be obliged as follows:

    a) in accordance with their scope, to take appropriate measures for protection of the rights, freedoms and interests of physical persons and legal entities, property, public and national security as protected by the law and for strengthening of its economic and defence potential;

    b) to provide for identification, prevention, elimination and exposure of crimes by way of performing operative-investigative measures, registration of their results for use in the criminal procedure, [inserted by 5] to execute the written instructions of the investigator and directives of the procurator, as well as definitions of the court for performance of operative-investigative measures in relation to criminal cases which are processed by those bodies;

    c) timely to inform the bodies of the government and administration of the Republic of Kazakhstan on the facts they know and information which evidences a threat to the public and national security;

    d) on the basis of agreements (treaties) on legal assistance, to execute requests of appropriate international law-enforcement organisations and law-enforcement bodies of foreign states;

    e) to take appropriate steps for ensuring secrecy in the performance of operative-investigative measures and also in transfer of materials which present the results of operative-investigative measures for use in the criminal procedure [inserted by 5] and prevention of disclosure of sources of information.

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

amended by: 4) Law No. 42 of 29th March 2000 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Secrecy; and

5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption.

1. When performing assignments of the operative-investigative activity, the bodies which are authorised to carry it out, shall have the following rights:

    a) within the bounds of their authority, to carry out, both in an overt and covert manner, the operative-investigative measures listed in Article 11 of this Law;

    b) to establish on a charge-free or chargeable basis, collaboration relations with the persons who expressed consent to render confidential assistance to the bodies which carry out the operative-investigative activity;

    c) to form and use operative registers and information systems which provide solutions for operative-investigative activity assignments;

    d) to use service premises, transport and other technical facilities, property of enterprises, institutions, organisations, military units as well as residential and non-residential premises, transport vehicles and other property of citizens in the course of operative-investigative measures on the basis of written or verbal agreements with compensation of harm to the owners in the case of its occurence, as well as costs at the expense of the bodies which carry out the operative-investigative activity;

    e) to form secret enterprises and organisations, use for those purposes the documents which conceal the official persons, departmental subordination of units, organisations, premises and transport vehicles, organisations, premises and transport vehicles of the bodies which carry out the operative-investigative activity, as well as identity of the persons who collaborate with those bodies on a confidential basis;

    f) to use assistance of official persons and specialists who have appropriate scientific, technical or other special knowledge;

    g) to receive free of charge and use the information which is material for solution of operative-investigative assignments, from other ministries, departments, enterprises, institutions and organisations irrespective of the form of ownership in compliance with the requirements concerning disclosure of the information which constitutes commercial, banking or other secrets protected by the law, as established by the legislative acts of the Republic of Kazakhstan; [added by 4]

    h) in coordination with other bodies which have the right to carry out the operative-investigative activity in the territory of the Republic of Kazakhstan, to use forces and resources of those bodies for performance of certain measures;

    i) freely to enter at any time the territory and premises of enterprises, institutions, organisations (irrespective of the form of ownership), and enter the territory of military units and other regime facilities in coordination with their commanders only for the purpose of performing operative-investigative measures specified in Article 11 of this Law;

    j) to implant workers of the body who carry out the operative-investigative activity, or persons who collaborate with it into criminal groups, and keep secret the true information concerning their identity;

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

    l) for the purpose of detecting, preventing and eliminating crimes, as well as persons involved in them, to carry out operative monitoring of supplies of goods, substances and other material assets which are items of criminal activities and intended for clearance, export from or import to the territory of the Republic of Kazakhstan;

    m) to pass the materials which present results of performing operative-investigative measures for the use in the criminal procedure. [introduced by 5]

2. The official persons of departments, enterprises, institutions, organisations (irrespective of the forms of ownership) and other business entities, military units and formations shall not have the right to impede the bodies specified in this Law to carry out the operative-investigative activity within the bounds of their authority.

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

1. The workers who allowed for illegal acts in conducting operative-investigative measures, shall be held responsible in accordance with current legislation.

2. Damage caused by acts of the bodies which carry out the operative-investigative activity shall be compensated by them in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Section IiI 3. Performance of Operative-Investigative Measures

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

amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of Kazakhstan, Having the Force of a Law, Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan;

2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;

5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption;

6) Law No. 244 of 16th July 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Reforming the Criminal Penal System and Status of Its Workers;

8) Law No. 338 of 10th July 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan;

9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision; and

10) Law No. 592 of 9th July 2004 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Operative and Investigative Activities.

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

    a) existence of the instituted criminal case;

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

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

        - persons who hide from bodies of inquest, investigation and court or evade criminal punishment;

        - missing persons and discovery of unidentified dead bodies;

        - intelligence and subversive actions of secret services of foreign states and international organisations;

    c) written instructions of the investigator and instructions of the procurator as well as definitions of the court on the criminal cases which are processed by those bodies;

    c-1) the resolutions of the Procurator General of the Republic of Kazakhstan and of his deputies, procurators of the provinces and procurators equated to them; [inserted by 9]

    d) requests of international law-enforcement organisations and law-enforcement bodies of foreign states in accordance with agreements (treaties) on legal assistance;

    e) the need to receive intelligence information in the interests of the public, state and for strengthening of its economic and defence potential.

2. The bodies which carry out the operative-investigative activity, within the bounds of their authority upon their initiative or the initiative of other state bodies, shall have the right to collect information which is characteristic of individuals, needed for adoption of the following decisions:

    - on acceptance for work and service in the bodies of internal affairs, criminal penal system of the Ministry of Justice [introduced by 6] State Investigative Committee [inserted by 1][excluded by 5] national security, military intelligence, customs house, [inserted by 1][excluded by 5] tax service Tax Financial Police, [modified by 1][excluded by 5], customs authorities [inserted by 10] Frontier Troops, [inserted by 2][excluded by 8] Security Service of the President of the Republic of Kazakhstan;

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

    - on granting access to information which constitutes state secrets, or to work connected with the functioning of facilities and installations which present high accident or ecological risks, of which the list is defined by the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan;

    - on granting access to participation in the operative-investigative activity or access to materials obtained as a result of its performance;

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

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

Article 11. Operative-Investigative Measures

amended by: 7) Law No. 295 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Fighting Terrorism;

9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision; and

13) Law No. 67 of 8th July 2005 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Ensuring National Security.

1. Operative-investigative measures are efforts of the bodies which carry out the operative-investigative activity within the bounds of their authority, aimed at attaining the objectives specified in Article 2 of this Law.

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

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

    - establishing of public and secret relations with citizens, using them for the operative-investigative activity;

    - implanting of employees into the criminal community;

    - use of the model of behaviour imitating criminal activity;

    - formation of secret enterprises and organisations;

    - performance of operative monitoring of supplies;

    - use of special technical items;

    - collection of information and the verification based on registers of institutions, enterprises and organisations (irrespective of the subordination and forms of ownership);

    - selection of samples and assays for investigation;

    - check purchases;

    - use of sleuth dogs;

    - finding and identifying individuals on the basis of descriptions;

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

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

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

    - performance of search of arrested individuals, inspection and seizure of items and documents that they have, which may relate to criminal activities, as well as inspection of housing premises, work stations and other places, inspection of transport vehicles;

    - performance of operations for seizure of armed criminals;

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

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

    - inspection of correspondence of convicts;

    - monitoring of postal parcels;

    - operative search based on external indications in postal-telegraph channels of communications; [repealed by 13]

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

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

    - the covert tapping and recording of conversations with the use of video, audio equipment or other special technical facilities, tapping and recording of conversations which are made by the telephone and other intercom devices, as well as obtaining of information on telephone conversations that took place; [introduced by 9]

    - collection of information from technical channels of communications, computer systems and other technical facilities;

    - surveillance, including with the use of special technical facilities (audio and video recording, taping and other technical facilities), materials and substances which do not cause harm to lives, health of individuals and environment;

    - entry of housing and other premises, buildings, facilities, terrain, transport and other technical facilities and their inspection.

Article 12. Requirements to Performance of Operative-Investigative Measures

amended by: 1) Edict No. 2725 of 25th December 1995 of the President of the Republic of Kazakhstan, Having the Force of a Law, Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Kazakh SSR and the Republic of Kazakhstan;

2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;

5) Law No. 163 of 16th March 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Strengthening the Fight Against Organised Crime and Corruption;

6) Law No. 244 of 16th July 2001 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Reforming the Criminal Penal System and Status of Its Workers;

7) Law No. 295 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Fighting Terrorism;

8) Law No. 338 of 10th July 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Frontier of the Republic of Kazakhstan;

9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision;

10) Law No. 592 of 9th July 2004 of the Republic of Kazakhstan. Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Operative and Investigative Activities;

12) Law No. 25 of 29th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Justice Authorities. (Article 12). Effective January 7, 2005; and

13) Law No. 67 of 8th July 2005 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Ensuring National Security.

1. Citizenship, sex, nationality, residence, social, official and financial status, participation in public associations, attitude towards religion and political views of citizens shall not be recognised as impediments for the performance of operative-investigative measures against the in the territory of the Republic of Kazakhstan, unless it is otherwise provided for by the law.

2. The operative-investigative measures listed in paragraph 2 of Article 11 of this Law shall be carried out by the bodies which carry out the operative-investigative activity in accordance with the assignments entrusted to them they shall be segregated within the bounds of their authority. The Bodies of Internal Affairs shall have the right to carry out the operative-investigative measures listed in paragraph 2 of Article 11 of this Law in the institutions of the criminal penal system of the Ministry of Justice, and the bodies of the Criminal Penal system in the investigative isolation facilities of the Ministry of Internal Affairs in coordination with the authorised body of the criminal penal system or its territorial unit [modified by 12]. [added by 6]

The operative-investigative measures listed in paragraph 3 of Article 11 of this Law shall be carried out by the following:

    a) bodies of internal affairs State Investigative Committee, bodies of internal affairs [modified by 1] bodies of internal affairs, Criminal Penal System of the Ministry of Justice [inserted by 6] and financial police [modified by 5], financial police and customs authorities [modified by 10] — inspection of correspondence of convicts; monitoring of postal items in the form of boxes and parcels; tapping of telephone conversations and other conversations [excluded by 9] the covert tapping and recording of conversations with the use of video and audio equipment and other special-purpose technical devices, tapping and recording of conversations which are made with the use of telephones and other intercom devices, as well as obtaining of information on telephone conversations that took place [introduced by 9]; collection of information from computer systems and other technical facilities; surveillance, including with the use of special technical facilities (audio and video recording, taping and other technical facilities), materials and substances; entry of housing and other premises, buildings, structures, terrain, transport vehicles and other technical facilities and their inspection;

    b) bodies of national security — monitoring of postal parcels; operative search based on external indications in postal and telegraph channels in networks [modified by 13] of communications; tapping of telephone conversations and other conversations [excluded by 9] the covert tapping and recording of conversations with the use of video and audio equipment and other special-purpose technical devices, tapping and recording of conversations which are made with the use of telephones and other intercom devices, as well as obtaining of information on telephone conversations that took place [introduced by 9]; collection of information from technical communication channels, computer systems and other technical facilities; surveillance, including with the use of special technical facilities (audio and video recording, taping and other technical facilities), materials and substances; entry of housing and other premises, buildings, structures, terrain, transport vehicles and other technical facilities and their inspection;

    c) military intelligence of the Ministry of Defence, operative bodies of the Frontier Troops [inserted by 2][excluded by 8] and Security Service of the President of the Republic of Kazakhstan in relation to the items of their operative support — surveillance, including with the use of special technical facilities (audio and video recording, taping and other technical facilities), materials and substances; entry of housing and other premises, buildings, structures, terrain, transport vehicles and other technical facilities and their inspection; tapping of telephone conversations and other conversations [excluded by 9] the covert tapping and recording of conversations with the use of video and audio equipment and other special-purpose technical devices, tapping and recording of conversations which are made with the use of telephones and other intercom devices, as well as obtaining of information on telephone conversations that took place [introduced by 9]; collection of information from technical communication facilities, computer systems and other technical facilities.

The bodies of internal affairs, Criminal Penal System of the Ministry of Justice [inserted by 6] State Investigative Committee, [inserted by 1] [excluded by 5] national security, military intelligence of the Ministry of Defence, customs house, [inserted by 1][excluded by 5] tax service of the Ministry of Finance Tax Financial [modified by 5] Police [modified by 1], customs authorities [inserted by 10], Frontier Troops [inserted by 2][excluded by 8] and the Security Service of the President of the Republic of Kazakhstan in appropriate cases shall be obliged to render mutual assistance in organisation and performance of special measures listed in paragraph 3 of Article 11 of this Law.

Special operative-investigative measures connected with the use of telephone communications of communication enterprises telecommunications networks [modified by 5] and postal communication channels in the interest of attaining objectives by all the organisations listed in Article 6 shall be technically carried out by the bodies of the national security of the Republic of Kazakhstan, for which appropriate forces and resources shall be appropriated to them.

3. The list of the services, units and categories of employees who have the right to carry out operative-investigative measures shall be defined by the heads of the bodies which carry out the operative-investigative activity.

4. The operative-investigative measures Special operative-investigative measures [modified by 13] which violate the inviolability of private life [inserted by 9], secrecy of letter exchange, telephone conversations, telegraph messages and postal parcels, as well as the right to inviolability of housing, which are protected by the law, shall be exercised exceptionally for detection, prevention and solution of grave and especially grave crimes as well as crimes prepared and committed by criminal groups, only with the sanctions of the procurator.

The sanctions for the performance of such measures pursuant to resolutions of the bodies which carry out the operative-investigative activity shall be issued by the Procurator General of the Republic of Kazakhstan and his deputies, the military procurator of the Republic, procurator of the Provinces and the procurators equated to them.

5. Exclusiverly for obtaining intelligence information for the purposes of ensuring the security of the Republic of Kazakhstan, detection, prevention and elimination of intelligence and subversive attempts of secret services of foreign states and foreign organisations, as well as terrorism, [inserted by 7] the operative-investigative measures listed in paragraph 4 of this Article may be carried out in accordance with the procedure coordinated with the Procurator General of the Republic of Kazakhstan.

6. In the case of emergence of a threat to lives, health, property of individual persons, pursuant to their application or with their written approval, it shall be allowed to tap and record their conversations, [inserted by 9] telephone conversations which are made from their telephones or other communication devices, on the basis of a resolution approved by the head of the body which is carrying out the operative-investigative activity with obligatory notification of the procurator within 24 hours.

7. In the cases which do not allow for postponement and which may lead to commission of a terrorist attack, subversion and other grave crimes on the basis of a motivated resolution of one of the heads of the relevant body which is carrying out the operative-investigative activity, it shall be allowed to carry out the operative-investigative measures listed in paragraph 4 of this Article with notification of the procurator and subsequent receipt of sanctions within 24 hours.

8. The materials which serve as the basis for the performance of operative-investigative measures listed in paragraph 4 of this Article, in the form and by their content excluding the possibility of deciphering information concerning identity of the citizens collaborating with the bodies which carry out the operative-investigative activity, shall be submitted to the procurator, when sanctions are received for the performance of those measures.

9. Organisation and tactics of conducting covert operative-investigative measures may constitute the service, the military or the state secret in accordance with the List of the Items Which Are Subject to Classification as approved by the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan on the basis of the Law «Concerning the Protection of State Secrets of the Republic of Kazakhstan» Law of the Republic of Kazakhstan «Concerning State Secrets». [modified by 5]

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

1. The official persons and other employees of the state bodies, departments, enterprises, organisations and institutions (irrespective of their subordination and forms of ownership), military units, formations and public associations of the Republic of Kazakhstan shall be obliged to render assistance in attaining the objectives specified in Article 2 of this Law, to the bodies which carry out the operative-investigative activity.

2. Individual citizens may with their consent be engaged in preparation and performance of the operative-investigative measures (in particular, on the basis of contracts) with retention if they wish of confidentiality of the collaboration with the bodies that carry out the operative-investigative activity. Those persons shall be obliged to keep secret the information which they learned in the course of preparation or performance of operative-investigative measures and not to supply deliberately false information to said bodies. For disclosure of such information and for presentation of deliberately false information they shall be held responsible as established by the legislation of the Republic of Kazakhstan.

3. The bodies which carry out the operative-investigative activity may conclude contracts on collaboration with full-age capable persons irrespective of their citizenship, nationality, sex, social, official, financial status, education, participation in public associations, political and religious views. The form of the contract, terms and validity periods shall be defined by departmental regulatory acts.

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

1. The materials obtained in the course of the operative-investigative activity may be used for preparation and performance of investigative acts and performance of operative-investigative measures for prevention, elimination and solution of crimes, as well as evidence in criminal cases after their review in accordance with the criminal procedural legislation.

2. The materials obtained as a result of conducting operative-investigative measures, prior to their investment with the form specified in the criminal procedural legislation, or where there is no possibility to include them into the criminal procedure, shall not entail any legal consequences and they shall not be a reason for restriction of the rights, freedoms and legitimate interests of physical persons and legal entities.

3. Information on organisation of the operative-investigative activity, specific operative-investigative measures, sources and methods of procuring information which constitutes the state secrets or other secrets protected by the law, except for the cases specified by legislation, as well as information concerning private life, honour and dignity of citizens, shall not be subject to disclosure.

4. For disclosure of information on the operative-investigative activity the persons to whom such information became known as a result of professional duties shall be held responsible as provided for by the legislation of the Republic of Kazakhstan.

Article 15. Restrictions in the Operative-Investigative Activity

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

    - to commit acts which create a real threat to lives, health and property of citizens, except for the cases of extreme necessity and necessary defence;

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

    - to coerce and provoke citizens to commit violations;

    - to use violence, threats, blackmail and other unlawful activities which restrict the rights, freedoms and legitimate interests of citizens and official persons;

    - falsify operative-investigative materials and equally to use deliberately questionable or false information.

Article 16. The Bases for Termination of Operative Investigative Measures

Operative-investigative measures shall be terminated as follows:

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

    - in the case of establishing circumstances which evidence the objective impossibility to solve the set objectives;

    - upon establishing the circumstances which exclude holding responsible the persons under investigation, due to the reasons specified in the legislation of the Republic of Kazakhstan.

Operative-investigative measures shall be carried out, suspended and terminated within the periods as specified in regulatory legal acts of the bodies which carry out the operative-investigative activity, coordinated with the Procurator General of the Republic.

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

Article 17. The Interaction of the Bodies of the Republic of Kazakhstan Which Carry Out the Operative-Investigative Activity

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

    - independently attain the objective set for them, in interaction between them, by using the potential of the state, public and other organisations as well as assistance of citizens;

    - provide for mutual supply of information which became known on facts of criminal acts pertaining to the scope of those bodies and they shall render appropriate mutual assistance.

Article 18. Interaction with the Bodies of Other States

1. The bodies of other states which are vested with the right to carry out the operative-investigative activity shall interact and carry out operative-investigative measures in the territory of the Republic of Kazakhstan in accordance with the procedure and within the bounds established by this Law and appropriate agreements and treaties.

2. The bodies of the Republic of Kazakhstan which carry out the operative-investigative activity shall interact and carry out operative-investigative measures in the territories of other states in accordance with the procedure and within the bounds established by this Law as well as legislation of those states on the basis of appropriate agreements and treaties.

Article 19. Interaction of the Bodies Which Carry Out the Operative-Investigative Activity With International Law-Enforcement Organisations

The interaction of the bodies which carry out the operative-investigative activity with international law-enforcement bodies shall be carried out in accordance with the agreements (treaties) on legal assistance and within the requirements established by this Law.

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

Article 20. Financial Support of the Operative-Investigative Activity

amended by: 2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;

3) Law No. 327 of 22nd December 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Financing State Institutions; and

11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations.

Financing of the operative-investigative activity shall be carried out at the expense of appropriations from the Republic's budget and local budgets budget funds, [modified by 11] which are directed for the maintenance of the bodies which carry out the operative-investigative activity both in the national and foreign currency, as well as assessments from amounts of compensation for the harm caused to the State, which are received from selling assets converted into the property of the State on the basis of a court sentence in accordance with the procedure defined by the legislation of the Republic of Kazakhstan and the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan. [excluded by 3]

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

amended by: 2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan;

3) Law No. 327 of 22nd December 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Financing State Institutions; and

repealed by 11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations.

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

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

    - in accordance with the Regulations Concerning the State Defence Order as approved by the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan; [excluded by 3]

    - at the expense of the automobiles, radio-electronic devices, audio and video equipment, computers, office equipment and other assets seized and confiscated in accordance with the court decisions. [excluded by 3]

Article 21. Logistics Support to Operative-Investigative Activities

Introduced by 11) Law No. 13 of 20th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations.

Material and technical support to operative-investigative activities shall be carried out at the expense of budget funds.

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

Article 22. The Social and Legal Protection of the Employees of the Bodies Which Carry Out the Operative-Investigative Activity

1. The employees of the bodies which carry out the operative-investigative activity, which they perform their service duties shall be recognised as representatives of the authorities and they shall be under the protection of the state. They shall be subject to the guarantees of the legal and social protection of employees of the ministries and departments of which they are staff. Subject to special considerations related to the work, the employees who carry out the operative-investigative activity may be entrusted with additional privileges.

2. In their service activities the employees of the bodies which carry out the operative-investigative activity shall be guided by the requirements of the law and they shall not be bound by decisions of political parties and mass public movements which pursue political objectives.

3. No one, except for the persons who are appropriately and directly authorised by the law, shall have the right to interfere with legitimate activities of the employees and authorities that carry out the operative-investigative activity. When receiving an order or instruction which contradicts current legislation, they shall be obliged to be guided by the law.

4. The heads of the bodies which carry out the operative-investigative activity shall be obliged to provide for the personal security, safety of assets of their employees, their family members and close relatives.

5. Conditions which are needed for receiving special professional training, enhancing qualifications and for medical services shall be created for the purposes of appropriate performance of service duties by the employees of the bodies which carry out the operative-investigative activity.

Article 23. The Social and Legal Protection of Citizens Who Assist the Bodies Which Carry Out the Operative-Investigative Activity

amended by: 2) Law No. 31 of 15th July 1996 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan

1. The citizens who assist the bodies which carry out the operative-investigative activity shall be under the protection of the State.

2. The state shall guarantee their rights and performance of obligations in accordance with this Law, other laws and regulatory legal acts of the Republic of Kazakhstan to the citizens who expressed the desire to assist the bodies which carry out the operative-investigative activity.

3. When a real threat of an unlawful attempt upon life, health or property of citizens arises in connection with their assistance to the bodies which carry out the operative-investigative activity and equally to their family members and close relatives, those bodies shall be obliged to take all appropriate measures for prevention of illegal acts, identification of the guilty parties and holding them responsible, as well as for the performance where appropriate of special measures for their protection in accordance with the procedure defined by the Cabinet of Ministers Government [modified by 2].

4. Information concerning the persons who collaborate or collaborated on a confidential basis with the bodies which carry out the operative-investigative activity shall constitute the state secret and may be made public only upon their written approval.

5. The citizens who collaborate with the bodies that carry out the operative-investigative activity shall have the right to receive remuneration.

6. The period of collaboration of citizens under contracts on a chargeable bases as the may type of occupation with the bodies that carry out the operative-investigative activity shall be included into their general length of service. They shall have the right to pension support and in the case of death their families and dependents shall have the right to pension due to loss of breadwinner in accordance with current legislation and in accordance with the procedure defined by the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan.

7. In the case of the death of a citizen collaborating with the bodies that carry out the operative-investigative activity, in connection with his participation in performance of operative-investigative measures, the family of the killed and his dependants shall be paid the one-time compensation:

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

    - in amount of ten annual amounts of the minimum wage of the person who collaborated on a charge-free basis;

8. When injuries or other harm to health is caused to a citizen who collaborated with the bodies that carry out the operative-investigative, which is caused in connection with his participation in the performance of operative-investigative measures, he shall be paid a one-time benefit as follows:

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

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

9. Compensation for the have caused by death, injury or other harm to health connected with the participation in performance of the operative-investigative activity shall be carried out at the expense of the funds of the bodies which carry out the operative-investigative activity in accordance with the procedure defined by the Cabinet of Ministers Government [modified by 2] of the Republic of Kazakhstan.

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

Article 24. The Departmental Supervision

The heads of the bodies which carry out the operative-investigative activity shall provide for the supervision of compliance with legality in organisation and performance of operative-investigative measures.

The superior departmental authorities shall provide for the supervision of the operative-investigative activity of the bodies subordinated to them.

Article 25. The Supervision of the Operative Investigative Activity

repealed by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision.

The supervision of compliance with the laws in the operative-investigative activity shall be carries out by the Procurator General of the Republic of Kazakhstan and the Procurators subordinated to him.

Article 25. Supervision of Operative-Investigative Activity

introduced by: 9) Law No. 346 of 9th August 2002 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Procurator Supervision.

1. The supervision of compliance with the law in the performance of operative-investigative activity shall be exercised by the Procurator General of the Republic of Kazakhstan and the procurators subordinated to him. [introduced by 9]

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

    1) receive cases in the operative-investigative procedure, materials, documents and other appropriate information on the course of the operative-investigative activity, except for the information on the persons who cooperate or cooperated on a covert basis with the authorities which carry out operative-investigative activity; [introduced by 9]

    2) review the legality of conducting special operative-investigative measures by the bodies which carry out the operative-investigative activity; [introduced by 9]

    3) by his resolution terminate operative-investigative measures in the case of revealing violations of the law, human and citizen rights in the performance of operative-investigative activity; [introduced by 9]

    4) examine complaints and petitions concerning acts and decisions of official persons of the bodies that carry out the operative-investigative activity; [introduced by 9]

    5) challenge the regulatory legal acts which regulate organisation and tactics for the performance of operative-investigative measures, issued by the bodies which carry out the operative-investigative activity, where they contradict the Constitution, laws and acts of the President of the Republic; [introduced by 9]

    6) with regard to the officials who committed unlawful acts in the performance of operative-investigative measures, pass resolutions to institute criminal cases, disciplinary procedures; [introduced by 9]

    7) pass other acts of procurator supervision in relation to exposed facts of violations in the course of exercising the supervision of legality of operative-investigative activity; [introduced by 9]

    8) by his motivated resolution, release illegally detained persons or abolish illegal resolutions on detention of persons; [introduced by 9]

    9) where necessary, for the purpose of eliminating violations of laws, order from the heads of the bodies that carry out the operative-investigative activity the performance of checks of subordinated authorities; [introduced by 9]

    10) in the cases established by the legislation of the Republic of Kazakhstan, issue the sanction for the performance of operative-investigative measures. [introduced by 9]

3. The Procurator General within the bounds of his authority shall adopt regulatory legal acts concerning issues of applying rules of the legislation of the Republic of Kazakhstan concerning the operative-investigative activity, which shall be obligatory for compliance by all the bodies that carry out the operative-investigative activity. [introduced by 9]

4. For the purposes of revealing violations of laws by the bodies that carry out the operative-investigative activity, the procurator shall have the right to engage specialists of the procurator's office or other specialists with the use of special technical facilities. [introduced by 9]

President of the Republic of Kazakhstan

N. Nazarbaev