On measures to improve the effectiveness of law enforcement and the judicial system in the Republic of Kazakhstan
Decree of the President of the Republic of Kazakhstan dated August 17, 2010 No. 1039.
To be published in the Collection
acts of the President and the Government of the Republic
Kazakhstan and the Republican press
In accordance with paragraph 1 of Article 40, sub-paragraphs 3) and 5) of Article 44 of the Constitution of the Republic of Kazakhstan, I HEREBY DECREE:
1. To establish under the Supreme Court a Department for ensuring the activities of courts (the office of the Supreme Court of the Republic of Kazakhstan), as the authorized body for organizational and logistical support of the activities of the Supreme Court, local and other courts with territorial divisions (court offices) in the regions, the capital and cities of republican significance.
2. To abolish the Committee on Judicial Administration under the Supreme Court of the Republic of Kazakhstan with the transfer of functions and powers for:
execution of executive documents, organization of work on accounting, storage, evaluation and further use of property transferred (received) into republican ownership on separate grounds to the Ministry of Justice of the Republic of Kazakhstan;
organizational, logistical and other support for the activities of regional, district and equivalent courts, organizational and methodological guidance of bailiffs to the newly formed Department for Ensuring the Activities of Courts under the Supreme Court (office of the Supreme Court of the Republic of Kazakhstan).
3. Reorganize the Ministry of Internal Affairs of the Republic of Kazakhstan with the transfer of its functions and powers:
- related to the activity:
medical detoxification facilities under the jurisdiction of the Ministry of Health of the Republic of Kazakhstan, except for the functions of delivering violators of public order to medical detoxification facilities;
centers of temporary isolation, adaptation and rehabilitation of minors under the jurisdiction of the Ministry of Education and Science of the Republic of Kazakhstan;
- to conduct a state technical inspection of vehicles in a competitive environment, with the transfer of authority to control the conduct of the specified technical inspection to the Ministry of Transport and Communications of the Republic of Kazakhstan, while retaining the function of monitoring the timeliness of the state technical inspection for the Ministry of Internal Affairs.;
- for security activities in a competitive environment, with the exception of the function of protecting particularly important strategic facilities.
4. The Prosecutor General's Office of the Republic of Kazakhstan should optimize the system of the Transport Prosecutor's Office by merging three regional transport prosecutor's offices into one under the Prosecutor General's Office of the Republic.
5. To the Government of the Republic of Kazakhstan:
1) provide:
reorganization of the Investigative Committee and the Criminal Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan by merging them into the Investigation Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan;
taking measures to improve the effectiveness of the activities of the Committee on Combating Drug Trafficking and Drug Trafficking of the Ministry of Internal Affairs of the Republic of Kazakhstan, including by transferring to it the direct subordination of territorial divisions of internal affairs bodies engaged in combating drug trafficking;
formation of the Migration Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan;
development of a system of measures for the phased transfer to the Ministry of Justice of the Republic of Kazakhstan of the functions and powers of the Ministry of Internal Affairs of the Republic of Kazakhstan for the execution of administrative penalties in the form of administrative arrest in special reception facilities and ensuring the functioning of these institutions;
2) make proposals to reduce the staffing of law enforcement agencies of the Republic of Kazakhstan;
3) by reducing the administrative staff of the central and regional levels of the relevant state bodies and other measures, ensure the personnel and logistical strengthening of city and district law enforcement and special agencies;
4) optimize the system of internal affairs bodies in transport by merging three regional departments in transport into one unit under the Ministry of Internal Affairs of the Republic of Kazakhstan;
5) optimize the system of departmental educational institutions of the Ministry of Internal Affairs of the Republic of Kazakhstan;
6) take measures to improve the quality of judicial expert support for legal proceedings by improving the system of professional training of judicial experts, improving the material, technical, scientific and methodological base of expert research;
7) by the end of 2010, to develop and submit to the Mazhilis of the Parliament of the Republic of Kazakhstan draft laws arising from the requirements of this Decree, as well as aimed at:
bringing current legislation into line with the requirements of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on December 10, 1984;
liberalization of criminal legislation and decriminalization of crimes that do not pose a great public danger, including in the economic sphere, with their transfer to the category of administrative offenses and increased administrative responsibility for their commission, including through the introduction of administrative prejudice, as well as reassessment of the severity of individual crimes by mitigating penalties;
improving the law enforcement and public safety system based on best international practices;
transfer of the function of organizing and implementing social adaptation and rehabilitation of persons who have served criminal sentences to the jurisdiction of local executive bodies;
expanding the scope of non-custodial punishments, including fines, community service and restriction of liberty, as well as preventive measures alternative to arrest;
further simplification of pre-trial criminal proceedings, increasing their efficiency, including through the introduction of incentive standards for defendants cooperating with the investigation;
the expansion of conciliation procedures in criminal proceedings, including the development of the institute of mediation, as well as the expansion of the category of criminal cases of private and public-private prosecution;
regulation of the procedure for the release of persons from criminal liability in connection with the reconciliation of the parties, when harm is caused to the State, and the establishment of restrictions on the application of a preventive measure in the form of arrest to persons who have committed economic crimes of minor and moderate severity, as well as their release from criminal liability in the case of voluntary repayment of the damage caused;
improving the forms and methods of monitoring the behavior of the accused, in respect of whom house arrest or recognizance has been chosen as a preventive measure, and appropriate behavior of those sentenced to restriction of liberty, probationers, and those released on parole, including through the widespread use of electronic surveillance tools;
strengthening the coordinating function of the prosecutor's office in relation to law enforcement; increasing the role and responsibility of the prosecutor in pre-trial proceedings by assigning him additional responsibilities for overseeing the legality of criminal prosecution, including the initiation of criminal cases;
recognition of the fact that law enforcement officers and judges have committed a crime using their official position as a circumstance aggravating criminal liability and punishment;
minimizing alternative investigative options, including attributing to the exclusive jurisdiction of the Ministry of Internal Affairs of the Republic of Kazakhstan the investigation of criminal cases of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and precursors, and to the exclusive jurisdiction of the financial police the investigation of criminal cases of crimes in the field of economic activity and corruption crimes, while maintaining an alternative investigation with the national security authorities only in cases of, when these acts are committed in conjunction with other crimes, criminal cases in which belong to the jurisdiction of the national security agencies;
exclusion of the facts of unjustified interference of law enforcement agencies in the activities of business entities, including by further reducing the list of government agencies authorized to carry out inspections of business entities;
countering illegal seizure of business and property (raiding);
definition of the main and supporting functions of law enforcement officers, other law enforcement and special agencies;
the preservation of military and special ranks, class ranks, the right to wear uniforms with shoulder straps only for law enforcement officers, other law enforcement and special agencies directly performing the main tasks and functions, with the establishment of official salaries for employees of these agencies who are deprived of these attributes, not lower than those available and taking into account previously established allowances;
the preservation of social security, all benefits and benefits upon retirement for persons subject to this Decree, and for persons who have served for at least 20 years, the possibility of completing their service in certified positions.;
establishing objectively comparable allowances for relevant military and special ranks, class ranks, and determining the level of their compliance in law enforcement, other law enforcement and special agencies;
optimization of the list of positions and their corresponding maximum military and special ranks, class ranks of senior commanders in the central and territorial divisions of law enforcement and special agencies;
implementation of common legal standards and norms of law enforcement service, common approaches to social and legal protection of law enforcement officers;
formation of the personnel of law enforcement agencies through systematic personnel rotation of the senior staff of law enforcement agencies;
improving the system of reporting and evaluating the activities of law enforcement agencies, prioritizing crime prevention, protecting the constitutional rights and freedoms of citizens, the interests of society and the state, and public confidence, defining mechanisms for external evaluation by representative bodies and the public, and introducing a rating assessment of the level of corruption in law enforcement agencies and courts;
establishment of various forms of cooperation between law enforcement agencies and civil society institutions;
improving and simplifying legal proceedings in order to ensure prompt and fair protection of the rights and legitimate interests of citizens and organizations, as well as the State; expanding the limits of judicial control in pre-trial proceedings;
endowment of courts with additional powers to fill gaps in pre-trial proceedings at the preparatory stages of the trial in compliance with the basic principles of the administration of justice;
expanding the scope of pre-trial settlement of civil law disputes and alternative ways to resolve them;
implementation of enhanced criteria and standards for judges and judicial candidates;
8) jointly with the akims of the regions, the capital and cities of national importance:
By the end of 2010, ensure the adoption of sectoral and regional crime prevention programs, while providing modern methods for ensuring law and order and public safety, identifying and eliminating the causes and conditions conducive to the commission of crimes and offenses.;
To take measures to increase the responsibility of local executive bodies in the field of crime prevention and law enforcement, including through regular consideration at meetings of the Government of the Republic of Kazakhstan and akimats of reports of akims of relevant levels.;
9) ensure the introduction of advanced, innovative technologies-based, world experience in the activities of law enforcement agencies and courts in order to ensure accessibility and transparency of their activities;
10) together with interested state bodies, make proposals on the introduction of the institute of private detective activity in the Republic;
11) to ensure the redistribution of the staffing of the abolished and reorganized state bodies of the Republic of Kazakhstan.
6. To make the following amendment to the Decree of the President of the Republic of Kazakhstan dated April 22, 2009 No. 793 "On additional measures to strengthen the fight against crime and corruption and further improve law enforcement in the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2009, No. 19, art. 166):
Sub-paragraph 1) of paragraph 5 should be deleted.
7. The Security Council of the Republic of Kazakhstan shall coordinate the work of law enforcement agencies.
8. The Government of the Republic of Kazakhstan, together with the Administration of the President of the Republic of Kazakhstan, shall develop and approve, within one month, an action plan for the implementation of this Decree and take comprehensive measures to implement it.
9. The Interdepartmental Commission for Administrative Reform in the Republic of Kazakhstan will continue its work related to the modernization of the law enforcement and judicial systems.
10. This Decree shall enter into force from the date of signing, with the exception of the provision of the Decree on the establishment of the Investigation Committee of the Ministry of Internal Affairs, which shall enter into force as the necessary legislative framework is formed and tested in practice, but no later than January 1, 2012.
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
