Article 8. Rights of bodies engaged in operational investigative activities Law On Operational Investigative Activities

Home / RLA / Article 8. Rights of bodies engaged in operational investigative activities Law On Operational Investigative Activities

The bodies authorized to carry out operational investigative activities have the right:

1) to carry out, within their competence, publicly and secretly, the operational search measures listed in Article 11 of this Law, as well as, on behalf of the investigator, the inquirer, secret investigative actions defined by the Criminal Procedure Code of the Republic of Kazakhstan;

2) create and use operational records and information systems that ensure the solution of operational investigative tasks;

3) to use residential and non-residential premises, vehicles, as well as other property of individuals and legal entities, military units in the course of operational search activities and secret investigative actions under a written or oral agreement, with compensation for damage to the owners in case of its infliction, as well as expenses at the expense of bodies engaged in operational search activities and secret investigative actions;

4) in order to create conspiratorial organizations, use documents that encrypt employees, departmental affiliation of divisions, organizations, premises and vehicles of bodies engaged in operational investigative activities and covert investigative actions, as well as the identity of confidential assistants;

4-1) develop and approve rules for the operation of vehicles of bodies engaged in operational investigative activities;

5) use the assistance of officials and specialists with the necessary scientific, technical or other special knowledge;

6) receive information from other organizations free of charge and use it for solving the tasks of operational investigative activities in compliance with the requirements established by the legislative acts of the Republic of Kazakhstan for the disclosure of information constituting commercial, banking and other legally protected secrets.;

7) involve, in coordination with other bodies authorized to carry out operational investigative activities and covert investigative actions on the territory of the Republic of Kazakhstan, the forces and means of these bodies for carrying out certain activities;

8) freely enter the territory and premises of organizations at any time of the day, as well as the territory of military units and other high-security facilities, which are guarded in accordance with military regulations by military personnel, as well as law enforcement and special government agencies, – in coordination with their heads or the heads of central state bodies, which include high-security facilities or military units, only for the purpose of conducting operational search activities provided for in Article 11 of this Law and secret investigative actions.;

9) register and (or) transfer under investigation, in accordance with the procedure and within the time limits established by the criminal procedure legislation of the Republic of Kazakhstan, information on criminal offenses identified during operational search activities, accompanied by supporting materials.

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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