Article 6. Powers of internal affairs bodies of the Law On Internal Affairs Bodies of the Republic of Kazakhstan

Home / RLA / Article 6. Powers of internal affairs bodies of the Law On Internal Affairs Bodies of the Republic of Kazakhstan

1. The internal affairs bodies, within the limits of their competence, are obliged to:

1) to protect the life, health, rights and freedoms of man and citizen from unlawful encroachments;

2) to accept, register and consider applications or reports on an incident, committed or impending criminal or administrative offense, to inform the applicant of the decision taken in accordance with the procedure established by law;

3) to provide assistance to individuals who have suffered from unlawful encroachments, accidents and accidents, as well as those who are in a helpless or other condition dangerous to their life and health;

4) implement general, special and individual crime prevention measures;

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 by identification number and their accounting;

8) to identify and prevent administrative offenses, to conduct proceedings on cases of administrative offenses;

9) to deliver to medical organizations or internal affairs bodies persons who are in a state of intoxication in public places, insulting human dignity and public morality;

10) to search for, detain and deliver to special medical institutions persons who evade compulsory medical measures prescribed by a court decision;

11) deliver street children aged three to eighteen years old, as well as children left without parental care or persons replacing them, to the centers for the adaptation of minors;

12) ensure the protection of public order during mass events;

13) to stop mass riots and group disobedience;

14) excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication);

15) exercise state control over entities engaged in security activities, installation, commissioning and maintenance of security alarm systems, and over the activities of specialized training centers for the training and advanced training of employees holding the positions of head and security guard in a private security organization;

16) to protect individuals and objects subject to state protection;

17) to carry out an inspection of persons, their belongings, vehicles while ensuring access control at facilities subject to state protection;

18) issue an identity card and passport of a citizen of the Republic of Kazakhstan, a residence permit for a foreigner in the Republic of Kazakhstan, a certificate of a stateless person, generate individual identification numbers and maintain a National Register of Individual Identification Numbers;

19) ensure registration of citizenship materials, determine whether or not one belongs to the citizenship of the Republic of Kazakhstan;

20) to carry out registration of citizens of the Republic of Kazakhstan, their registration and de-registration at the place of residence, registration of documents for departure from the Republic of Kazakhstan for permanent residence;

21) take measures to curb illegal immigration, register foreigners and stateless persons, monitor their compliance with the established rules of entry, exit, stay in the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan;

22) carry out fingerprint and genomic registration in accordance with the legislation of the Republic of Kazakhstan;

23) issue visas to foreigners and stateless persons for entry into and exit from the Republic of Kazakhstan, permits for temporary stay and permanent residence in the Republic of Kazakhstan;

24) issue a travel document;

25) to monitor compliance by individuals and legal entities with the established rules for the turnover of civilian and service weapons and ammunition, civilian pyrotechnic substances and products with their use, narcotic drugs, psychotropic substances and precursors;

26) give out:

conclusions:

individuals for importation into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan of single copies of civilian weapons and ammunition for them;

for legal entities on:

compliance of civilian and service weapons and ammunition with forensic requirements;

import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of civilian and service weapons and ammunition;

permissions:

individuals for the purchase, storage, storage and carrying, transportation of civilian weapons and ammunition;

for legal entities on:

acquisition and storage of civil pyrotechnic substances and products with their use;

acquisition, storage, storage and carrying, transportation of civilian and service weapons and ammunition;

opening and operation of shooting ranges and stands;

27) take measures to neutralize and destroy discovered explosive materials, ammunition and explosive devices;

28) carry out state control over compliance with the requirements of the legislation of the Republic of Kazakhstan on countering terrorism in terms of ensuring the anti-terrorist protection of facilities vulnerable to terrorism, with the exception of military units and institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, facilities of special state bodies, internal affairs bodies of the Republic of Kazakhstan, as well as protected facilities specified by in Article 1-3 of the Law of the Republic of Kazakhstan "On the State Security Service of the Republic of Kazakhstan" (hereinafter – protected objects), and foreign institutions of the Republic of Kazakhstan;

28-1) coordinate, keep records, store and (or) destroy passports of anti-terrorist security of facilities vulnerable to terrorism, with the exception of passports of military units and institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, facilities of special state bodies of the Republic of Kazakhstan, as well as passports of protected facilities and foreign institutions of the Republic of Kazakhstan;

29) take part in anti-terrorist operations and security measures;

29-1) participate in the performance of tasks of territorial defense of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On Territorial Defense of the Republic of Kazakhstan"

30) to identify, prevent, suppress and disclose criminal offenses, including through operational investigative measures;

31) detain persons who commit criminal or administrative offenses;

32) to establish the causes and conditions conducive to the commission of criminal offenses, and to take measures aimed at their elimination;

33) to carry out pre-trial proceedings in criminal cases;

34) to carry out a search for persons who have fled from the bodies of inquiry, investigation and court, evading execution and serving of criminal punishment and other measures of criminal legal impact, execution of court decisions, missing persons;

35) execute judicial acts, demands of judges, resolutions, orders and demands of the prosecutor, as well as written instructions from the investigator, the inquirer during pre-trial proceedings in criminal cases;

36) to assist bailiffs in the enforcement of enforcement 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 internal affairs bodies, to ensure their protection and escort;

39) execute sentences and court orders in respect of convicted persons, ensure compliance with the order and conditions of serving sentences, and protect institutions of the penal system;

39-1) ensure the protection of a state psychiatric institution of a specialized type with intensive supervision in accordance with the procedure determined by the Ministry of Internal Affairs of the Republic of Kazakhstan jointly with the authorized body in the field of healthcare;

40) to ensure the sanitary and epidemiological welfare and health protection of persons held in institutions of the penitentiary system and special institutions of internal affairs bodies;

41) require persons held in institutions of the penal correction system, as well as those registered with probation services, to perform the duties assigned to them by law and the court.;

42) to ensure legality and law and order in institutions of the penal system;

43) ensure your own safety;

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) to ensure the accumulation, preservation and accounting of documents of the National Archival Fund of the Republic of Kazakhstan and other documentary materials on the activities of internal affairs bodies, to issue archival certificates to individuals and legal entities;

48) submit, at the request of the authorized financial monitoring body, information from its own information systems in accordance with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism.;

49) submit, at the request of the authorized body in the field of rehabilitation and bankruptcy, information on pending criminal cases initiated for crimes against property against debtors who have been declared bankrupt in accordance with the procedure established by law or in respect of whom a rehabilitation procedure has been applied.;

50) carry out interdepartmental coordination of activities to ensure public safety;

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.

2. The internal affairs bodies, within the limits of their competence, have the right:

1) require individuals and legal entities to comply with the legislation of the Republic of Kazakhstan, stop illegal actions, and prohibit individuals from photographing and videotaping law enforcement officers in the performance of their official duties during investigative activities in the area where a state of emergency has been declared or in the area of an anti-terrorist operation, if these requirements are not met. apply appropriate coercive measures;

2) to check the identity documents of individuals, as well as other documents necessary to verify compliance with the established rules, the control over the implementation of which is entrusted to the internal affairs bodies;

3) summon individuals and representatives of legal entities to the internal affairs bodies on materials and cases in progress, receive explanations and testimonies, documents, and copies thereof from them, and if they fail to appear, bring them in accordance with the established procedure;

4) request information from managers or other officials of facilities vulnerable to terrorism, regardless of their form of ownership, on their compliance with the requirements provided for by the Law of the Republic of Kazakhstan on Countering Terrorism;

5) request information from the subjects of security activities on their fulfillment of the requirements stipulated by the Law of the Republic of Kazakhstan "On Security Activities";

6) provide individuals and legal entities with mandatory instructions and ideas on eliminating the causes and conditions that contribute to the commission of criminal or administrative offenses;

7) establish cooperation on a public and secret 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 suppress illegal forms of expression of public, group or personal interests and protest;

10) to carry out an examination of persons in order to establish the fact of the use of a psychoactive substance and a state of intoxication, and, if impossible, to deliver them to medical institutions for examination;

11) stop and inspect vehicles, remove persons from driving vehicles, prohibit the operation of vehicles, temporarily restrict or prohibit the movement of vehicles and pedestrians;

12) to cordon off areas during the elimination of the consequences of emergency situations, anti-terrorist operations, security, mass, quarantine measures, the detention of wanted persons, the release of hostages, the prosecution of persons suspected of committing criminal or administrative offenses, verification of information on the discovery of explosive materials, ammunition and explosive devices, toxic and radioactive substances, the suppression of mass riots and other group actions that threaten the safety of individuals, vital activity of infrastructure facilities that violate public order;

13) at the entrance (entrance) to the venues of security and mass events, inspect individuals, their belongings, vehicles and transported goods, including using technical means, and prevent persons and vehicles with prohibited items and things from entering the venues.;

14) establish checkpoints during operational, preventive, investigative and other special measures;

15) take part in quarantine, sanitary, anti-epidemic and environmental protection measures;

16) excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication);

17) use any type of transport (except for vehicles of representative offices of foreign states and international organizations with diplomatic immunity) to prosecute persons suspected of committing a criminal offense, arrive at the scene of an incident, during a state of emergency or martial law, in conditions of armed conflict, during the liquidation of emergency situations, as well as to deliver persons, those in need of emergency medical care, to medical organizations if delay may pose a real threat to people's lives or health., with compensation of material damage to the owners in case of its infliction in accordance with the procedure determined by the Government of the Republic of Kazakhstan;

18) carry out inspections of places of development, production, repair, storage, use, destruction, trade, collecting and exhibiting civilian and service weapons and ammunition, their main components, civilian pyrotechnic substances and products with their use;

19) use technical means to record the facts of criminal or administrative offenses and actions of law enforcement officers;

20) to take measures to detain persons who have committed criminal or administrative offenses, evading execution and serving of criminal punishment and other measures of criminal legal impact;

21) to deliver individuals to the internal affairs bodies for committing an administrative offense;

22) detain military personnel who have committed criminal or administrative offenses and transfer them to military police authorities, military unit commanders or heads of local military administration bodies;

23) seize 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 have committed serious and especially serious crimes, members of organized criminal groups (communities), as well as to free hostages;

25) enter without hindrance, inspect residential and other premises, territories and land plots (except for representative offices of foreign states and international organizations with diplomatic immunity) when prosecuting suspects of criminal or administrative offenses who evade execution and serving criminal penalties and other measures of criminal legal impact that threaten the safety of individuals, or when if there is sufficient evidence to believe that a criminal or administrative offense has been committed or is being committed there, an accident occurred to ensure the personal safety of individuals and public safety during natural disasters, catastrophes, accidents, epidemics, epizootics and mass riots;

25-1) in order to ensure the monitoring and control of persons registered with the internal affairs bodies, to verify the availability and integrity of electronic tracking devices, freely enter the residential premises where they live, territories and land plots (except for representative offices of foreign states and international organizations with diplomatic immunity), production facilities and other premises of organizations regardless of the form of ownership at their place of work or study;

26) restrict or temporarily prohibit individuals from accessing or staying in homes, in certain areas of the area, if their presence poses a threat to human life and health, property, disrupts the work of organizations, impedes the movement of vehicles and pedestrians, as well as in cases of operational search activities, investigative actions and mass events.;

27) use documents of other government agencies and organizations to encrypt conspiratorial organizations, premises, vehicles, the identity of employees and their departmental affiliation;

28) conduct scientific, technical and other research;

29) create, use and improve departmental and operational records;

30) to take photographs, fingerprint, make sound recordings, film and video recordings, and take biological, odorological and other samples for the criminalistic registration of suspects, accused persons, persons serving sentences in institutions of the penal system, held in special institutions of internal affairs bodies placed on preventive registration.;

31) to create, use and improve information systems, information, communication and telecommunication networks, communication networks;

32) detain in the territory adjacent to the institution of the penal system and deliver to the internal affairs bodies persons who have committed acts subject to administrative or criminal legislation, to carry out their personal search;

33) to carry out an inspection of persons, their belongings, vehicles located on the territory of the institution of the penal system and the territory adjacent to it, where regime requirements are established, as well as to seize prohibited items and documents, the list of which is established by the legislation of the Republic of Kazakhstan;

34) deliver to medical organizations for examination of persons held in institutions of the penal (penitentiary) system in order to establish the fact of using a psychoactive substance and intoxication;

35) temporarily restrict or prohibit the movement of vehicles, prevent citizens from entering the territory of an institution of the penal correction system and the territory adjacent to it, or oblige them to stay or leave it upon the introduction of a special conditions regime;

36) involve public and religious associations in the activities of the penal enforcement system in accordance with the legislation of the Republic of Kazakhstan;

37) to refuse to provide public services in accordance with the legislation of the Republic of Kazakhstan;

38) involve the mass media to cover the activities of the internal affairs bodies;

39) for gratuitous air navigation maintenance of aircraft of the internal affairs bodies;

40) to collect and process personal data;

41) exercise other rights 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.

3. In case of violation by employees, military personnel and employees of the internal affairs bodies in the performance of official duties of human and civil rights and freedoms, as well as the legitimate interests of individuals and legal entities, the internal affairs bodies are obliged to restore these rights, compensate for the damage caused, and ensure that the perpetrators are brought to justice in accordance with the laws of the Republic of Kazakhstan.

The footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (effective from 01.01.2015); dated 02.08.2015 No. 343-V (effective after ten calendar days after the day of its first official publication); dated 29.03.2016 No. 479-V (effective after twenty-one calendar days after the day of its first official publication); dated 30.12.2016 No. 41-VI (effective from 01.01.2021); dated 18.04.2017 No. 58-VI (effective after ten calendar days after the date of its first official publication); dated 03.07.2017 No. 84-VI (effective after ten calendar days after the date of its first official publication); dated 24.05.2018 No. 156-VI (effective after ten calendar days days after the date of its first official publication); dated December 28, 2018 No. 208-VI (effective ten calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2019 No. 292-VI (for the procedure of entry into force, see art. 2); dated 13.05.2020 No. 325-VI (effective six months after the date of its first official publication); dated 06/29/2021 No. 58-VII (effective after ten calendar days after the date of its first official publication); dated 12/30/2021 No. 95-VII (effective after ten calendar days after the date of its first official publication); dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication); dated 05/16/2024 No. 82-VIII (effective ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated April 23, 2014 No. 199-V SAM.

This Law regulates public relations in the sphere of activity of the internal affairs bodies of the Republic of Kazakhstan.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases