On measures to strengthen national security, further strengthen the fight against organized crime and corruption
Decree of the President of the Republic of Kazakhstan dated November 5, 1997 No. 3731.
In order to implement the main provisions of the Development Strategy of Kazakhstan until 2030, strengthen national security, optimize the structure of law enforcement agencies and special services of the state, strengthen the fight against organized crime and corruption, in accordance with paragraphs 3), 21) of Article 44 of the Constitution of the Republic of Kazakhstan, Decree of the President of the Republic of Kazakhstan, having the force of the Constitutional Law, "On To the President of the Republic of Kazakhstan" I decree:
1. To establish, on the basis of the Intelligence Department of the National Security Committee of the Republic of Kazakhstan, the Barlau Service of the Republic of Kazakhstan, a foreign intelligence agency directly subordinate to and accountable to the President of the Republic of Kazakhstan.
2. To establish that the Director of the Barlau Service of the Republic of Kazakhstan is appointed and dismissed by the President of the Republic of Kazakhstan. U090739
3. To abolish the State Investigative Committee of the Republic of Kazakhstan with the transfer of its powers to combat corruption.:
organized crime related to corruption of persons holding responsible government positions, military personnel, law enforcement officers, special services and judges, as well as smuggling and drug trafficking carried out by criminal communities - to the National Security Committee;
in other forms of organized, economic crime, to the Ministry of Internal Affairs.
4. To the Government of the Republic of Kazakhstan:
1) to develop and submit draft laws to the Mazhilis of the Parliament of the Republic of Kazakhstan by December 1, 1997, providing for:
- granting the national security and internal affairs bodies the right of inquiry and preliminary investigation in cases of crimes transferred to their jurisdiction in accordance with paragraph 3 of this Decree;
- regulation of the lobbying procedure in the development and adoption of laws and other regulatory legal acts that exclude the possibility of abuse;
- recognition of acts, decisions and transactions related to corruption as null and void;
- establishing control over large monetary expenditures of government officials and taking other financial control measures in order to prevent the legalization ("laundering") of illegally acquired money and other property;
- the obligation to conduct a special audit of civil servants during their certification and decision on promotion;
- other amendments and additions to the legislation resulting from this Decree;
2) within two months, in coordination with the Secretariat of the Security Council of the Republic of Kazakhstan, transfer the staffing, buildings, educational institutions, logistical facilities and other property of the abolished State Investigative Committee to the National Security Committee and the Ministry of Internal Affairs of the Republic of Kazakhstan, respectively, to the extent of the powers transferred to them to combat crime;
3) within one month, take decisions providing for a reduction in the number of government agencies authorized to issue licenses and other types of permits, as well as a reduction in the distribution functions performed by government agencies; take concrete measures to expand the scope of non-cash forms of monetary settlements between legal entities and individuals.;
4) before December 1, 1997, submit proposals to the President of the Republic of Kazakhstan providing for an increase in the level of wages, other guarantees of social security for civil servants, the creation of normal conditions for their work, social, household and medical services, standards of compensation payments commensurate with market conditions and the regime of public service, as well as the development of a set of incentive measures; contributing to the formation of an active position of the population in the fight against organized crime and corruption;
5) to bring previously issued acts of the Government of the Republic of Kazakhstan in accordance with this Decree;
6) take other necessary measures resulting from this Decree.
5. Administration of the President of the Republic of Kazakhstan within one month:
together with the Director of the Barlau Service, to submit for consideration by the President of the Republic a draft Regulation on the Barlau Service of the Republic of Kazakhstan;
to make proposals on bringing the acts of the President of the Republic in line with this Decree.
6. The National Security Committee of the Republic of Kazakhstan, in coordination with the Government of the Republic of Kazakhstan and the Secretariat of the Security Council of the Republic of Kazakhstan, shall, by December 1, 1997, transfer staff, buildings, logistical facilities and other property to the Barlau Service of the Republic of Kazakhstan in accordance with the scope of its tasks and functions.
7. To submit proposals to the Secretariat of the Security Council of the Republic of Kazakhstan, the Prosecutor General's Office, the National Security Committee, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Ministry of Justice of the Republic of Kazakhstan on the conclusion of interstate multilateral and bilateral agreements on cooperation in combating organized crime, drug trafficking and corruption and on Kazakhstan's participation in international programs to combat these criminal manifestations.
8. The Ministry of Information and Public Consent of the Republic of Kazakhstan should ensure constant coverage by the State media of the measures taken to strengthen the fight against organized forms of crime and corruption.
9. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
10. This Decree comes into force from the date of publication.
President
Republic of Kazakhstan
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