Article 11. Operational search measures Law On Operational Search Activities

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1. Operational search activities are divided into general and special ones.

2. Common operational search activities are:

1) Face survey;

2) establishing open and secret relations with citizens, using them in operational investigative activities;

3) Implementation;

4) the use of a model of behavior that imitates criminal activity;

5) creation of conspiratorial enterprises and organizations;

6) Controlled delivery;

7) the use of technical means to obtain information that does not affect the legally protected inviolability of private life, home, personal and family secrets, as well as the secrecy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications;

8) making inquiries;

9) Receiving samples;

10) operational purchase;

11) the use of search dogs;

12) search and identification of personality by signs;

13) search for devices for illegal withdrawal of information;

14) detection, secret fixation and removal of traces of illegal acts, their preliminary investigation;

15) the prosecution of a person who is preparing, committing or has committed a crime, and his detention;

16) conducting a personal search of detained persons with the participation of witnesses, seizing items and documents with them that may relate to criminal activity, as well as inspecting residential premises, workplaces and other places, and inspecting vehicles.

During the implementation of an anti-terrorist operation, personal search and inspection of items with an individual, vehicle inspection, including with the use of technical means, may be carried out without the participation of witnesses.;

17) conducting operations to capture armed criminals;

18) observation.

The organization and tactics of conducting general operational search activities provided for in this paragraph are determined by the regulatory legal acts of the first heads of bodies engaged in operational search activities, in coordination with the Prosecutor General of the Republic of Kazakhstan.

3. Special operational search measures are:

1) unspoken audio and/or video surveillance of a person or place;

2) secret control, interception and removal of information transmitted over electrical (telecommunication) communication networks;

3) covertly obtaining information about connections between subscribers and (or) subscriber devices;

4) secret removal of information from computers, servers and other devices designed to collect, process, accumulate and store information;

5) secret control of postal and other items;

6) covert penetration and/or site inspection.

The organization and tactics of conducting special operational search activities provided for in this paragraph are determined by the regulatory legal acts of the first heads of bodies engaged in operational search activities, in coordination with the Prosecutor General of the Republic of Kazakhstan.

4. Operational search measures listed in the sub-paragraphs 1), 2), 3), 4), 5), 6), 7), 8), 9), 11), 12), 13), 14), 15), 16) and 17) paragraph 2 of this article, They can be carried out as investigative measures in accordance with the provisions of the criminal procedure legislation of the Republic of Kazakhstan.

The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 187-IV; as amended by the Laws of the Republic of Kazakhstan dated 07.12.2009 No. 221-IV (for the procedure of entry into force, see art. 2); dated 04.07.2014 No. 233-V (effective from 01.01.2015); dated 03.07.2017 No. 84-VI (effective for ten calendar days after the date of its first official publication); dated December 21, 2017 No. 118-VI (effective after ten calendar days after the date of its first official publication); dated 12.07.2018 No. 180-VI (effective ten calendar days after the date of its first official publication).

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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