Article 12. Conditions for conducting operational search activities The Law on Operational Search Activities

Home / RLA / Article 12. Conditions for conducting operational search activities The Law on Operational Search Activities

1. Citizenship, gender, nationality, place of residence, social, official and property status, membership in public associations, attitude to religion and political beliefs of citizens are not an obstacle to carrying out operational search measures against them on the territory of the Republic of Kazakhstan, unless otherwise stipulated by law.

2. General and special operational search activities are carried out by all bodies engaged in operational search activities, in accordance with the tasks assigned to them.

The bodies carrying out operational search activities have the right to carry out operational search activities in institutions of the penitentiary system of the Ministry of Internal Affairs of the Republic of Kazakhstan in cooperation with the authorized body of the penitentiary system or its territorial subdivisions.

Operational search measures at the operational support facilities of the State Security Service of the Republic of Kazakhstan and in the area of security measures are carried out in coordination with the State Security Service of the Republic of Kazakhstan.

3. The list of services, divisions and categories of employees authorized to conduct operational search activities is determined by the heads of bodies engaged in operational search activities.

4. Special operational investigative measures are carried out exclusively with the approval of the prosecutor.:

1) for the purpose of detecting, preventing and suppressing grave and especially grave crimes, as well as crimes of moderate gravity, provided for in Articles 116 (part one), 126 (parts one and two), 161 (part one), 185 (parts one and two), 188 (part two), 188-1 (part two first), 189 (part two), 190 (part two), 194 (part one), 195 (parts four and five), 206 (parts 2-1), 207 (parts two and 2-1), 208 (part three), 210 (part one), 211 (part two), 213 (part three), 216 (parts one and two), 218 (parts one and two), 231 (part One), 232 (Part one), 233-1 (Part Three), 234 (Part Two), 245 (parts one and two), 272 (part three), 283 (part one), 286 (Part one), 287 (part three), 288 (Part one), 307 (part two), 308 (part one), 309 (part one), 315 (part one), 361 (part three), 362 (part one), 365 (part two), 366 (part one), 367 (part one), 394 (part two), 399 (part two), 422 (parts one and two) of the Criminal Code of the Republic of Kazakhstan, and crimes committed by a criminal group, with respect to the person being checked or a third party, if there is information that the person being checked uses a telephone or other intercom device of a third party, or there is information that a third party receives information for the person being checked or from the person being checked for transmission to other persons using a telephone and other intercom devices and its contents are recorded on a tangible medium;

2) to take measures to search for persons who are hiding from investigation, inquiry, court and evading criminal responsibility for committing crimes specified in part four of Article 232 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as those who have disappeared.

The Prosecutor General of the Republic of Kazakhstan, his first deputy or deputies, the Chief Military Prosecutor, regional prosecutors and equivalent prosecutors are authorized to carry out such activities by decision of the bodies carrying out operational investigative activities.

Special operational search measures related to the use of a communication network in the interests of solving tasks by all the bodies listed in Article 6 of this Law are technically carried out by the national security bodies of the Republic of Kazakhstan, for which they are allocated the necessary forces and means.

The organization and tactics of conducting special operational search activities related to the use of a communications network are determined by a joint regulatory legal act of the first heads of bodies engaged in operational search activities, in coordination with the Prosecutor General of the Republic of Kazakhstan.

In order to obtain intelligence information, ensure the military security of the Republic of Kazakhstan and the safety of protected persons, the authorized body in the field of foreign intelligence, military intelligence agencies of the Ministry of Defense of the Republic of Kazakhstan and the State Security Service of the Republic of Kazakhstan may carry out special operational search activities using telecommunications networks that exclude connection to fixed equipment and communication lines of individuals and legal entities, providing services and means of communication in the territory of the Republic of Kazakhstan.

5. Exclusively for obtaining intelligence information in order to ensure the security of the Republic of Kazakhstan, as well as obtaining information in order to ensure the safety of protected persons, special operational search measures may be carried out in accordance with the procedure agreed with the Prosecutor General of the Republic of Kazakhstan.

6. In the event of a threat to the life, health, or property of individuals, upon their application or with their written consent, it is allowed to listen to and record conversations, negotiations conducted on their phones or other intercom devices, on the basis of a resolution approved by the head of the body carrying out operational investigative activities, with mandatory notification to the prosecutor within 24 hours from the moment making a ruling.

7. In cases that are urgent and may lead to the commission of grave and especially grave crimes, as well as crimes prepared and committed by a criminal group, on the basis of a reasoned decision of one of the heads of the relevant body carrying out operational investigative activities, special operational investigative measures may be carried out with notification to the prosecutor and subsequent authorization within twenty days. four hours from the date of the ruling.

If the prosecutor's approval is not received within the prescribed period, the special operational search measure is subject to immediate termination.

Special operational search measures against a judge of the Constitutional Court of the Republic of Kazakhstan may be carried out only with the approval of the Prosecutor General of the Republic of Kazakhstan.

Special operational search measures against a judge may be carried out only with the approval of the Prosecutor General of the Republic of Kazakhstan.

8. Upon receipt of an authorization to conduct special operational search activities, the prosecutor is provided with materials - the grounds for their conduct, in form and content that exclude the possibility of decrypting information about the identity of confidential assistants and full-time secret staff.

The results of a special operational search event are notified to the prosecutor who authorized its conduct.

9. The organization and tactics of conducting covert operational search activities may constitute an official, military or state secret in accordance with the List of information subject to secrecy approved by the Government of the Republic of Kazakhstan on the basis of the Law of the Republic of Kazakhstan "On State Secrets".

The Law of the Republic of Kazakhstan dated September 15, 1994 No. 154-XIII.

This Law defines the content of operational investigative activities carried out on the territory of the Republic of Kazakhstan and establishes a system of legal guarantees of legality in its conduct.

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