Article 10. Grounds for conducting operational search activities Section 3. Conducting operational search activities The Law on Operational Search Activities

Home / RLA / Article 10. Grounds for conducting operational search activities Section 3. Conducting operational search activities The Law on Operational Search Activities

1. The grounds for conducting operational search activities are:

a) availability of pre-trial investigation materials;

b) information received by the bodies carrying out operational investigative activities on:

- an offense being prepared, committed, or committed;

- persons hiding from the bodies of inquiry, investigation and court or evading criminal punishment;

- the unknown absence of citizens and the discovery of unidentified corpses;

c) written instructions from the investigator on the criminal cases he is investigating;

c-1) resolutions of the Prosecutor General of the Republic of Kazakhstan, his first deputy or deputies, regional prosecutors and equivalent prosecutors, as well as written instructions from the prosecutor given during the supervision of the legality of operational investigative activities;

c-2) judicial acts on the search for a criminal defendant and a defendant in civil cases, a person evading serving a sentence or probation control, as well as decisions of bailiffs authorized by the prosecutor on the search for a debtor in enforcement proceedings;

d) requests from international law enforcement organizations and law enforcement agencies of foreign States in accordance with treaties (agreements) on legal assistance;

e) the need to obtain intelligence information in the interests of society, the state and strengthening its economic and defense potential.

f) the need to ensure the safety of protected persons, in respect of whom personal safety orders have been issued by authorized state bodies, in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.

2. Bodies carrying out operational investigative activities, within the limits of their competence, on their own initiative or on the initiative of other state bodies, have the right to collect personal data necessary for decision-making.:

- about employment or service in the bodies engaged in operational investigative activities;

- on the admission of individuals and legal entities to work on the protection and maintenance of strategic and protected facilities, as well as in the environment of protected persons. The list of strategic and protected facilities, as well as protected persons, is determined by the legislation of the Republic of Kazakhstan;

- on issues of ensuring the security of bodies engaged in operational investigative activities;

- on admission to work related to the operation of facilities and structures that pose an increased emergency or environmental hazard, the list of which is determined by the Government of the Republic of Kazakhstan;

- admission to participate in operational investigative activities or access to materials obtained as a result of its implementation;

- on the issue of licenses for security activities.

3. These grounds are exhaustive and may be supplemented or amended only by law.

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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Republic of Kazakhstan

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