Article 1. The basic concepts used in this Law Section 1. General provisions of the Law on Operational Investigative Activities

Home / RLA / Article 1. The basic concepts used in this Law Section 1. General provisions of the Law on Operational Investigative Activities

The following basic concepts are used in this Law:

1) interview of persons is the collection of factual information relevant to solving the tasks of operational investigative activities, according to the interviewee, who has or may have it.;

2) making inquiries - obtaining factual information relevant to solving the tasks of operational investigative activities by sending an official request to the relevant natural or legal person who has or may have information of interest.;

3) special operational search event - an operational search event that directly affects the inviolability of private life protected by law, the secrecy of correspondence, telephone conversations, telegraphic messages and mail, as well as the right to inviolability of the home;

4) special technical means – devices, equipment, devices, equipment having special functions, software and design features for obtaining and documenting information during operational search activities and secret investigative actions;

5) observation - visual and other perception and fixation of phenomena, deeds, events, processes that are significant for solving the tasks of operational investigative activities;

6) operational search on communication networks - covert actions to detect signs of illegal activity in information transmitted over the communication network;

7) secret removal of information from computers, servers and other devices designed to collect, process, accumulate and store information – secret removal by special technical means and (or) computer programs of information from computers, servers and other devices designed to collect, process, accumulate and store information, if necessary by covert penetration and/or examination;

8) controlled delivery is a method of obtaining information about signs of criminal activity by establishing control over the supply, purchase, sale, and movement of objects, substances, and products whose free sale is prohibited or whose turnover is limited, as well as those that are objects or tools of criminal encroachments;

9) search and identification of a person by signs is a set of organizational and substantive-practical actions aimed at detecting and identifying the person you are looking for based on static, dynamic and genomic characteristics that individualize him, as well as using a verbal portrait and other methods that allow you to identify a person with a sufficient degree of probability.;

10) introduction - the secret introduction of an employee of the body carrying out operational investigative activities, or a confidential assistant cooperating with him, into the environment of the object of operational interest to solve the tasks of operational investigative activities;

11) general operational search activity - a set of actions related to a single tactical, strategic plan of the bodies carrying out operational search activities aimed at solving the tasks of this activity;

12) the case of operational accounting is a separate proceeding conducted by the body carrying out operational investigative activities.;

13) covert penetration and (or) site inspection – covert penetration into residential, office, industrial premises, buildings, structures, storage, vehicle or area, if necessary, with their inspection, as well as to solve other tasks of operational investigative activities;

14) operational purchase is the creation of a situation of an imaginary transaction in which, with the knowledge of the body carrying out operational investigative activities and under its control, items are purchased without the purpose of consumption or sale from the person being studied in order to obtain information about possible criminal activity.;

15) operational search activity is a scientifically based system of public and secret operational search, organizational and managerial measures carried out in accordance with the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan by bodies carrying out operational search activities in order to protect life, health, rights, freedoms and legitimate interests. human and civil rights, property, ensuring the security of society and the state from criminal encroachments;

15-1) results of operational investigative activities – information, documents, objects or materials obtained for solving the tasks listed in Article 2 of this Law;

16) detection, secret fixation and removal of traces of illegal acts, their preliminary investigation - identification and extraction from circulation or possession of a particular person of material objects that have retained traces of a crime or were the instrument of a crime or the result of criminal activity, and fixation in the forms prescribed by law of their characteristic features and properties;

17) confidential assistants - individuals who have reached the age of eighteen, capable, who have agreed to cooperate on a confidential basis (including under a contract) with the body carrying out operational investigative activities, as well as those who previously cooperated with this body with their consent.;

18) secret control of postal and other items – obtaining information relevant to the case by viewing and familiarizing with the contents of letters, telegrams, radiograms, parcels, parcels and other postal and telegraphic items;

19) secret audio and (or) video monitoring of a person or place – secret monitoring of speech and other information, as well as actions of a person and (or) events taking place in a strictly defined place, carried out, if necessary, by secret penetration and (or) examination, using video, audio equipment or other special scientific and technical equipment.technical means with simultaneous fixation of their contents on a tangible medium;

20) covertly obtaining information about connections between subscribers and (or) subscriber devices – obtaining information about the date, time, duration of connections between subscribers and (or) subscriber devices (user equipment);

21) secret control of electrical (telecommunication) communication networks – secret listening and (or) recording of voice information using scientific and technical means and (or) computer programs transmitted by telephone or other devices that allow the transmission of voice information, carried out, if necessary, by secret penetration and (or) examination.

Interception and removal of information transmitted over electrical (telecommunication) communication networks – interception and removal of signs, signals, voice information, written text, images, video images, sounds and other information transmitted via wired, radio, optical and other electromagnetic systems;

22) obtaining samples - the removal and fixation of material information carriers that display the properties of a living person, corpse, animal, substance, or object relevant to solving the tasks of operational investigative activities;

23) a full–time secret officer is an employee of a body engaged in operational investigative activities, whose official duties include conducting operational investigative activities and secret investigative actions in a conspiratorial manner.;

24) search is a system of organizational, procedural and operational search measures aimed at establishing the whereabouts of persons who have fled from investigation, inquiry or court, evading criminal responsibility, serving a sentence or probation control, missing persons and other persons, in cases provided for by law, as well as lost documents and items containing information that constitutes 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.

President

Republic of Kazakhstan

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