On dactyloscopic and genomic registration

The Law of the Republic of Kazakhstan dated 30 December 2016 № 40-IV LRK

      Unofficial translation
      Note by RCLI!
      Shall be enforced from 01.01.2021.
      This Law regulates public relations in the field of dactyloscopic and genomic registration in the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) biological material - tissues and excretions of a person or a body (remains) of a deceased person, containing genomic information;
      2) biological relatives - persons who are in blood relationship: parents (parent), children, grandfather, grandmother, grandchildren, blood and half-blood, cousins, second cousins, uncles, aunts, nephews;
      3) genomic information – the coded information about certain fragments of human deoxyribonucleic acid or an unidentified corpse, allowing to establish its identity, and personal data (if any) in accordance with the requirements of this Law;
      4) genomic registration - activities carried out by authorized state bodies in the field of dactyloscopic and (or) genomic registration for collection, processing, protection of biological material and genomic information, establishment or confirmation of a person's identity;
      5) dactyloscopic information - biometric data on peculiarities of the structure of papillary patterns of fingerprints and (or) the palms of human hands or an unidentified corpse, allowing to establish its identity, and personal data in accordance with the requirements of this Law;
      6) authorized state bodies in the field of dactyloscopic and (or) genomic registration - the bodies of internal affairs, the authorized state body in the field of foreign policy activities, the national security bodies, the authorized state body in the field of transport, carrying out dactyloscopic and (or) genomic registration of citizens of the Republic of Kazakhstan, foreigners and stateless persons within their competence;
      7) blocking of dactyloscopic or genomic information – the actions to temporarily stop collecting, accumulating, changing, supplementing, using, transferring, depersonalizing, destroying dactyloscopic or genomic information;
      8) destruction of dactyloscopic or genomic information – the actions, as a result of which it is impossible to restore dactyloscopic or genomic information;
      9) depersonalization of dactyloscopic or genomic information – the actions, as a result of which it is impossible to determine the belonging of dactyloscopic or genomic information to a specific person without using additional information;
      10) processing of dactyloscopic or genomic information – the actions aimed at accumulation, storage, change, addition, use, transfer, depersonalization, blocking and destruction of dactyloscopic or genomic information;
      11) use of dactyloscopic or genomic information – the actions with dactyloscopic or genomic information aimed at achieving the goal of dactyloscopic or genomic registration;
      12) dactyloscopic registration – the activities carried out by the authorized state bodies in the field of dactyloscopic and (or) genomic registration for collecting, processing, protecting of dactyloscopic information, establishing or confirming of a person's identity;
      13) material carriers - dactyloscopic or information cards, carriers of magnetic, electronic or other types of recording, containing dactyloscopic or genomic information;
      14) an unidentified corpse - a body (remains) of a deceased person whose identity at the time of detection of the body (remains) is not established.

Article 2. Scope of this Law

      This Law regulates relations related to dactyloscopic and genomic registration of citizens of the Republic of Kazakhstan, foreigners and stateless persons in cases provided for by this Law.

Article 3. Legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration

      1. Legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other normative legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 4. Principles of dactyloscopic and genomic registration

      Dactyloscopic and genomic registration is conducted in accordance with the principles of:
      1) observance of constitutional rights and freedoms of a man and citizen;
      2) legality;
      3) obligatoriness;
      4) humanism;
      5) confidentiality;
      6) safety for human health;
      7) respect for the honor and dignity of the individual.

Article 5. Purpose of dactyloscopic and genomic registration

      Dactyloscopic and genomic registration is conducted for the purpose of establishing and (or) confirming the identity on the basis of dactyloscopic or genomic information.

Article 6. Rights and duties of authorized state bodies in the field of dactyloscopic and (or) genomic registration

      1. Authorized state bodies in the field of dactyloscopic and (or) genomic registration within their competence have the right to collect, process dactyloscopic or genomic information, to select and use biological material.
      2. Authorized state bodies in the field of dactyloscopic and (or) genomic registration within their competence are obliged:
      1) to take and observe necessary measures, including legal, organizational and technical, to protect dactyloscopic or genomic information in accordance with international treaties ratified by the Republic of Kazakhstan and this Law;
      2) to take measures to collect, accumulate, store, transfer, block, depersonalize, modify, supplement, use, destroy dactyloscopic or genomic information in the cases established by this Law.

Article 7. Rights and duties of citizens of the Republic of Kazakhstan, foreigners and stateless persons in dactyloscopic and (or) genomic registration

      1. Citizens of the Republic of Kazakhstan, foreigners and stateless persons, legal representatives of minors, guardians of persons recognized as legally incompetent by a court decision, in dactyloscopic and (or) genomic registration are entitled to:
      1) familiarize with their dactyloscopic and (or) genomic information or dactyloscopic and (or) genomic information of the person whose legitimate interests they represent;
      2) appeal to a higher authority (a higher official) or court the actions (inaction) of state bodies and their officials related to collection and (or) processing, protection of their dactyloscopic and (or) genomic information or dactyloscopic and (or) genomic information of a person whose legitimate interests they represent.
      2. Citizens of the Republic of Kazakhstan, foreigners and stateless persons subject to dactyloscopic and (or) genomic registration shall undergo the dactyloscopic procedure and (or) selection of biological material in cases stipulated by this Law.

Article 8. Basic requirements for collection, processing and protection of dactyloscopic and genomic information

      1. Dactyloscopic and genomic information refers to personal data of restricted access.
      2. Conditions for collection and processing of dactyloscopic and genomic information should exclude the possibility of its loss, distortion and unauthorized access to it, as well as unauthorized and (or) unintentional access and (or) impact on electronic information resources with dactyloscopic or genomic information.
      3. Dactyloscopic and genomic information is subject to protection, which is guaranteed by the state. Collection and processing of dactyloscopic and genomic information are carried out only in cases of ensuring its protection.
      Protection of dactyloscopic and genomic information is carried out in accordance with the legislation of the Republic of Kazakhstan on information, on personal data and their protection, state secrets.
      4. State bodies that collect and (or) process dactyloscopic and (or) genomic information are required to maintain the confidentiality of dactyloscopic and (or) genomic information and ensure its protection.
      5. Collection, processing, protection of dactyloscopic and (or) genomic information, selection and use of biological material are carried out in accordance with the rules of dactyloscopic and genomic registration.

Article 9. Blocking, depersonalization, transfer of dactyloscopic or genomic information

      1. Authorized state bodies in the field of dactyloscopic and (or) genomic registration shall carry out depersonalization, as well as removal of depersonalization of dactyloscopic or genomic information.
      2. Authorized state bodies in the field of dactyloscopic and (or) genomic registration perform blocking of dactyloscopic or genomic information in the event that information is available on violation of conditions of its collection, processing, as well as the removal of blocking after the conduct of verification activities and eliminating violations.
      3. Authorized state bodies in the field of dactyloscopic and (or) genomic registration shall block and (or) depersonalize, and remove the blocking and (or) depersonalization of dactyloscopic or genomic information on the basis of joint normative legal acts with state bodies that carry out operational search, intelligence, counterintelligence activities.
      4. Transfer of dactyloscopic or genomic information to courts, law enforcement, special state bodies, executive enforcement, inquiry, investigation agencies, shall be carried out on the basis of the laws of the Republic of Kazakhstan in accordance with the rules of dactyloscopic and genomic registration.
      5. Dactyloscopic or genomic information can be transferred by authorized state bodies in the field of dactyloscopic and / or genomic registration to foreign states in accordance with international treaties ratified by the Republic of Kazakhstan and laws of the Republic of Kazakhstan.

Chapter 2. CONDUCT OF DACTYLOSCOPIC REGISTRATION

Article 10. Persons subject to dactyloscopic registration

      1. The following persons, who reached the age of sixteen, are subject to obligatory dactyloscopic registration:
      1) citizens of the Republic of Kazakhstan who apply for a passport or identity card of a citizen of the Republic of Kazakhstan for the first time, and also in cases of its restoration, replacement;
      2) citizens of the Republic of Kazakhstan, foreigners and stateless persons in respect of whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan;
      3) foreigners and stateless persons permanently residing in the Republic of Kazakhstan;
      4) foreigners and stateless persons applying for a residence permit of a foreigner in the Republic of Kazakhstan, a certificate of a stateless person, a refugee certificate for the first time or for its restoration, replacement;
      5) immigrants who arrived in the Republic of Kazakhstan as domestic workers for the purpose of performing work (rendering services) at employers - individuals in the household;
      6) foreigners and stateless persons subject to deportation from the Republic of Kazakhstan or subject to the international treaties on readmission, ratified by the Republic of Kazakhstan;
      7) foreigners and stateless persons in obtaining visas of the Republic of Kazakhstan.
      2. Children between the ages of twelve and sixteen years shall be subject to dactyloscopic registration upon receipt of a passport of a citizen of the Republic of Kazakhstan on a voluntary basis in the manner provided for in paragraph 2 of Article 11 of this Law. Children under the age of twelve are not subject to dactyloscopic registration.
      3. Persons with physical disabilities that exclude the possibility of fingerprinting (the absence of all fingers on both hands or the absence of papillary patterns on the nail phalanxes of all the fingers of both hands) are exempt from dactyloscopic registration, the procedure for verifying the identity on dactyloscopic information when crossing the State Border of the Republic of Kazakhstan.
      Foreigners and stateless persons subject to deportation from the Republic of Kazakhstan or subject to international treaties on readmission ratified by the Republic of Kazakhstan, with physical disabilities (lack of all fingers on both hands or lack of papillary patterns on the nail phalanxes of all fingers of both hands) are subject to dactyloscopic registration on the palms of the hands.

Article 11. Procedure for collecting dactyloscopic information

      1. Dactyloscopic registration shall be carried out in relation to:
      1) persons specified in subparagraph 1) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs, in case of registration of a passport of a citizen of the Republic of Kazakhstan in foreign missions of the Republic of Kazakhstan – by the authorized state body in the field of foreign policy activities;
      2) persons specified in subparagraph 2) of paragraph 1 of Article 10 of this Law – by the authorized state body in the field of transport;
      3) persons specified in subparagraphs 3) - 5) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs;
      4) persons specified in subparagraph 6) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs, national security bodies in accordance with their competence;
      5) persons specified in subparagraph 7) of paragraph 1 of Article 10 of this Law – by the authorized state body in the field of foreign policy activities, bodies of internal affairs in accordance with their competence.
      2. For children aged twelve - sixteen years, dactyloscopic registration is carried out with their consent in the presence and on the basis of a written application of the legal representative of the child.
      3. Dactyloscopic registration of a citizen of the Republic of Kazakhstan, foreigner or stateless person whose incapacity is established by a court is conducted in the presence and on the basis of a written application of his guardian.
      4. Collection of dactyloscopic information is carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 12. Information contained on material carriers with dactyloscopic information

      1. Material carrier with dactyloscopic information when issuing identity documents contains the following data:
      1) surname, name, patronymic (if available);
      2) date and place of birth;
      3) sex;
      4) nationality (at the request of the owner);
      5) citizenship;
      6) photograph;
      7) information on the peculiarities of the structure of papillary patterns of the fingers and (or) the palms of the hands;
      8) date of issue, document number, validity period;
      9) signature of the owner of the documents;
      10) individual identification number (if any);
      11) the date and the basis for conduct of dactyloscopic registration;
      12) the name of the issuing authority;
      13) surname, name, patronymic (if any) of the person who performed the dactyloscopic registration.
      2. Material carrier with dactyloscopic information when issuing visas of the Republic of Kazakhstan contains the following data:
      1) surname, name, patronymic (if available);
      2) date of birth;
      3) sex;
      4) information on the peculiarities of the structure of the papillary patterns of the fingers and (or) the palms of the hands;
      5) citizenship;
      6) photograph;
      7) date of issue, document number, validity period;
      8) date of issue, validity of the visa;
      9) the date and the basis for conduct of dactyloscopic registration;
      10) the name of the visa issuing authority;
      11) surname, name, patronymic (if any) of the person who performed the dactyloscopic registration.

Article 13. Modifying and (or) supplementing dactyloscopic information

      Modifying and (or) supplementing the dactyloscopic information of persons who have undergone dactyloscopic registration are carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 14. Accumulation and storage of dactyloscopic information

      Accumulation and storage of dactyloscopic information obtained during dactyloscopic registration are carried out by the bodies of internal affairs by forming an electronic information resource in accordance with the legislation of the Republic of Kazakhstan.
      Accumulation and storage of dactyloscopic information of persons for whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan are carried out by the authorized state body in the field of transport by forming an electronic information resource in accordance with the legislation of the Republic of Kazakhstan.

Article 15. Terms of storage of dactyloscopic information

      1. Bodies of internal affairs, the authorized state body in the field of transport store dactyloscopic information in the databases about persons specified:
      in subparagraph 1) of paragraph 1 of Article 10 of this Law - until the fact of their death is established, in cases of recognition of the citizen as missing or announcement of the citizen dead by the court, loss or withdrawal from the citizenship of the Republic of Kazakhstan to the date when they would be one hundred years old;
      in subparagraphs 2) - 7) of paragraph 1, paragraph 2 of Article 10 of this Law - ten years from the date of registration.
      2. Upon expiration of the terms specified in paragraph 1 of this article, the bodies of internal affairs, the authorized state body in the field of transport store dactyloscopic information about persons who have undergone dactyloscopic registration on the basis of subparagraphs 2) - 7) of paragraph 1, paragraph 2 of Article 10 of this Law, in archives on material carriers for forty years.

Article 16. Using dactyloscopic information

      Dactyloscopic information of citizens of the Republic of Kazakhstan, foreigners and stateless persons, obtained during dactyloscopic registration, is used for:
      1) confirmation and / or identification of citizens of the Republic of Kazakhstan, foreigners and stateless persons;
      2) registration and control of foreigners and stateless persons on the territory of the Republic of Kazakhstan;
      3) ensuring safety of the individual, society and the state;
      4) registration and control of persons crossing the State border of the Republic of Kazakhstan, through the procedure for verifying the identity using the dactyloscopic information.
      Citizens of the Republic of Kazakhstan, foreigners and stateless persons shall be exempt from the procedure for identification of a person using the dactyloscopic information when crossing the State Border of the Republic of Kazakhstan upon written request of special state bodies, the Ministry of Defense of the Republic of Kazakhstan, the authorized state body in the field of foreign policy activities, and also in cases provided for by paragraph 3 of Article 10 of this Law.

Article 17. Destruction of dactyloscopic information

      1. Dactyloscopic information is destroyed by the bodies of internal affairs, the authorized state body in the field of transport, which carry out its accumulation and storage.
      2. Dactyloscopic information shall be destroyed upon expiration of its terms of storage provided for in Article 15 of this Law.
      3. Destruction of dactyloscopic information is carried out according to the acts approved by the heads of the authorized divisions of the bodies of internal affairs, the authorized state body in the field of transport, indicating: 
      1) date, ground for destruction of dactyloscopic information;
      2) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of identity document of the registered person;
      3) method of destruction;
      4) surname, name, patronymic (if any), post and signature of persons who destroyed dactyloscopic information.

Chapter 3. CONDUCT OF GENOMIC REGISTRATION

Article 18. Persons subject to genomic registration

      1. The following persons are subject to mandatory genomic registration:
      1) persons convicted of grave or particularly grave crimes, as well as crimes provided for in articles 120, 121, 122, 123 and 124 of the Criminal Code of the Republic of Kazakhstan;
      2) unidentified persons whose biological material was seized during the pre-trial investigation in accordance with the procedure established by the criminal procedural law of the Republic of Kazakhstan for unsolved grave or particularly grave crimes, as well as crimes provided for in articles 120, 121, 122, 123 and 124 of the Criminal Code Republic of Kazakhstan;
      3) unidentified corpses.
      2. Biological relatives of missing citizens, first of all, parents (parent) and (or) children (child), and in their absence, other biological relatives, depending on the degree of kinship, are subject to genomic registration with their consent in the manner established by this Law.

Article 19. Procedure for genomic registration

      Genomic registration is carried out in the following order:
      1) selection of biological material from persons subject to genomic registration, unidentified corpses, as well as the seizure of biological material of unidentified persons during the pre-trial investigation from the places of unsolved grave or particularly grave crimes in accordance with the legislation of the Republic of Kazakhstan;
      2) biological material of persons specified in subparagraph 1) of paragraph 1 of Article 18 of this Law shall be forwarded to an authorized division of the bodies of internal affairs for obtaining genomic information and performing genomic registration;
      3) biological material of persons specified in subparagraph 2) of paragraph 1, paragraph 2 of Article 18 of this Law and unidentified corpses shall be forwarded to an authorized division of the bodies of internal affairs for carrying out research and conduct of genomic registration or forensic authorities of the Ministry of Justice of the Republic of Kazakhstan (hereinafter - forensic examination bodies), or to an individual performing forensic expert activity on the basis of a license, to conduct a forensic examination.
      Forensic examination bodies or an individual performing forensic expert activity on the basis of a license send a copy of the genomic information obtained during the forensic molecular genetic examinations to the authorized division of the bodies of internal affairs for genomic registration.

Article 20. Information obtained in selection of biological material

      1. When selecting biological material for genomic registration for each convicted person, an information card shall be made by the employee of the institution or the body executing the punishment, where the following information is entered:
      1) surname, name, patronymic (if any), citizenship, sex, date and place of birth, information on registration at the place of residence or place of stay, individual identification number (if available) or name and number of the identity document from which the data were taken on the person being registered;
      2) the name of the division of the state body that carries out the selection of biological material for genomic registration;
      3) the date and the basis for selection of biological material for genomic registration;
      4) article of the Criminal Code of the Republic of Kazakhstan, on which the person was convicted;
      5) surname, name, patronymic (if available), post and signature of the official who selected the biological material;
      6) the signature of the person from whom the biological material was taken for genomic registration, with the exception of a minor. If a registered person refuses to sign the information card, a record is made in it about this;
      7) signatures of legal representatives of minors.
      2. When selecting biological material for genomic registration from biological relatives of the missing citizens in the procedure established by the criminal procedure law of the Republic of Kazakhstan, the inquiry, investigation bodies shall enter information into the information card specified in subparagraphs 1) - 3), 5) - 7) of paragraph 1 of this article, as well as the signature of the guardian of a person recognized incapable by a court decision. A copy of the procedural protocol is attached to the information card.
      3. When selecting biological material for genomic registration of unidentified individuals whose biological material is seized during the pre-trial investigation in the manner established by the criminal procedure law of the Republic of Kazakhstan, the inquiry and investigation bodies shall enter the following information into the information card:
      1) the name of the division of the state body that carries out the selection of biological material for genomic registration;
      2) the date and basis for the seizure of biological materials, the number of the criminal case or the registration number in the information registration book;
      3) qualification of the act, date and place of committing the crime;
      4) surname, name, patronymic (if any), post and signature of the official who received the biological material.
      A copy of the procedural protocol is attached to the information card.
      4. When selecting biological material for genomic registration of unidentified corpses, the information specified in paragraph 3 of this article, as well as the date and place of detection of an unidentified corpse, sex, special signs and the cause of death (if any) are recorded in the information cards. A copy of the procedural protocol is attached to the information card.

Article 21. Selection and use of biological material

      1. Selection of biological material for genomic registration is carried out:
      1) from the convicted persons subject to genomic registration - by the bodies of internal affairs;
      2) from unidentified persons whose biological material was seized during the pre-trial investigation in accordance with the procedure established by the criminal procedure law of the Republic of Kazakhstan, - by inquiry and investigation bodies conducting criminal proceedings, with the involvement of specialists from the authorized division of the bodies of internal affairs and (or) forensic medicine and compliance with the requirements of the Criminal Procedure Code of the Republic of Kazakhstan;
      3) from biological relatives of the missing citizens – by the bodies of internal affairs;
      4) from unidentified corpses – by the bodies of internal affairs with the involvement of a specialist in forensic medicine.
      2. Selection of biological material from biological relatives of missing citizens for genomic registration is carried out on the basis of their written application.
      Selection of biological material from a minor who is a biological relative of a missing person is carried out with his consent in the presence and on the basis of a written application of his legal representative.
      Selection of biological material from a person found incapable by a court decision and being a biological relative of a missing person is conducted in the presence and on the basis of a written application of his guardian.
      3. In case of poor initial selection of biological material that excludes obtaining genomic information, the biological material of convicts subject to genomic registration, biological relatives of the missing citizens is repeatedly selected at the request of the authorized division of the bodies of internal affairs that perform genomic registration.
      4. Biological material selected for genomic registration is used to obtain genomic information.
      5. Biological material for genomic registration is not selected upon re-conviction of a person who has passed it before.

Article 22. Terms of storage of biological material

      1. Terms of storage of biological material of biological relatives of missing citizens, unidentified persons, as well as unidentified corpses seized during pre-trial investigation and recognized as material evidence in a criminal case shall be determined in accordance with the requirements of article 118 of the Criminal Procedure Code of the Republic of Kazakhstan.
      2. Biological material selected for genomic registration of convicted persons shall be stored from the day of its selection until obtaining genomic information from it.

Article 23. Destruction of biological material

      1. Biological material of biological relatives of missing citizens, unidentified persons, unidentified corpses, seized during pre-trial investigation and recognized as material evidence in a criminal case, after receiving genomic information is returned to the inquiry, investigation bodies.
      2. Biological material obtained during genomic registration of convicted persons shall be destroyed after the expiration of its term of storage established by paragraph 2 of Article 22 of this Law by the authorized division of the bodies of internal affairs after receiving genomic information on the acts approved by its head, indicating:
      1) the date, grounds for destruction of biological material;
      2) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of the identity document of the registered person;
      3) method of destruction;
      4) surnames, names, patronymics (if any), posts and signatures of officials who carried out destruction of biological material, the name of the authorized division.

Article 24. Information contained on material carriers with genomic information

      A material carrier with genomic information shall contain information from the information card established by this Law, as well as:
      1) the name of a division of a state body that has obtained genomic information;
      2) number of the criminal case;
      3) number and date of the forensic expert or expert opinions;
      4) genomic information;
      5) the name of the biological object and the procedural status of the person whose genomic information was obtained as a result of forensic examination or research.

Article 25. Obtaining genomic information

      Obtaining of genomic information on persons subject to genomic registration is carried out using:
      1) the biological material of convicts subject to genomic registration, - by the authorized division of the bodies of internal affairs;
      2) the biological material of unidentified persons seized during the pre-trial investigation, the biological relatives of the missing citizens, from unidentified corpses - by the authorized division of the bodies of internal affairs or by the forensic examination body, by an individual, performing forensic expert activity on the basis of a license, in case of appointment of forensic examination by inquiry, investigation bodies.

Article 26. Modification and / or supplementation of genomic information

      Modification and (or) supplementation of genomic information of persons who have undergone genomic registration are carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 27. Accumulation and storage of genomic information

      Accumulation and storage of genomic information obtained during genomic registration is carried out by the bodies of internal affairs in electronic information resources in accordance with the legislation of the Republic of Kazakhstan.

Article 28. Use of genomic information

      1. Genomic information obtained as a result of genomic registration is used for the purposes of:
      1) prevention, disclosure and investigation of criminal offenses, as well as detection and identification of persons who committed them;
      2) search for missing persons of the Republic of Kazakhstan, foreigners and stateless persons permanently residing or temporarily staying in the Republic of Kazakhstan;
      3) establishment of citizens of the Republic of Kazakhstan, foreigners and stateless persons by unidentified corpses;
      4) establishment of family relations of wanted or established persons.
      2. Genomic information of biological relatives of missing citizens is used for the purposes provided for by subparagraph 3) of paragraph 1 of this article.

Article 29. Terms of storage of genomic information

      1. Genomic information of the convicted person subject to genomic registration shall be stored from the day of genomic registration until the expiry of twenty-five years after the fact of his death established, and in the absence of information on death or declaring him dead by a court - until the date when he would turn one hundred years old.
      2. Genomic information obtained during genomic registration of unidentified persons, whose biological material was seized during the pre-trial investigation is stored twenty-five years from the date of genomic registration. 
      3. Genomic information obtained during genomic registration of biological relatives of missing citizens is stored until the location of the missing person is found or the criminal case is closed for lack of an event or a crime.
      4. Genomic information obtained during genomic registration of unidentified corpses is stored until the identity of the deceased person is established, but not more than twenty five years from the date of genomic registration.

Article 30. Destruction of genomic information

      1. Genomic information obtained as a result of genomic registration is destroyed by the bodies of internal affairs that store it, after the expiration of the terms of storage provided for in this Law.
      2. Genomic information of the acquitted person subjected to genomic registration after his conviction is destroyed not earlier than one year after the entry of the acquittal of the court into legal force.
      3. Destruction of genomic information obtained during genomic registration is carried out by the authorized division of the bodies of internal affairs under the acts approved by its head, indicating:
      1) the date and grounds for destruction of genomic information;
      2) the registration number of genomic information;
      3) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of the identity document of the registered person;
      4) method of destruction;
      5) surnames, names, patronymics (if any), posts and signatures of officials who carried out destruction of genomic information, the name of the authorized division.
      The act of destruction of genomic information of an unidentified corpse indicates the name of the inquiry, investigation body and the official who initiated the genomic registration, the number of the criminal case, the qualification of the act, the date and place of detection of the unidentified corpse.

Chapter 4. STATE REGULATION IN THE FIELD OF DACTYLOSCOPIC AND GENOMIC REGISTRATION

Article 31. Competence of the Government of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration

      The Government of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration:
      1) develops the main directions of the state policy in the field of dactyloscopic and genomic registration and organizes their implementation;
      2) approves the rules for conduct of dactyloscopic and genomic registration;
      3) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 32. Competence of the bodies of internal affairs of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration

      Bodies of internal affairs of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration:
      1) develop the rules for conduct of dactyloscopic and genomic registration;
      2) develop and approve the rules for formation, maintenance of dactyloscopic and genomic information databases;
      3) exercise other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 33. Competence of the authorized state body in the field of foreign policy activities in the field of dactyloscopic registration

      The authorized state body in the field of foreign policy in the field of dactyloscopic registration:
      1) develops and approves the rules for collection and processing of dactyloscopic information from citizens of the Republic of Kazakhstan, who claim to obtain a passport of a citizen of the Republic of Kazakhstan abroad, foreigners and stateless persons in obtaining visas of the Republic of Kazakhstan;
      2) conducts dactyloscopic registration in accordance with the legislation of the Republic of Kazakhstan;
      3) exercises other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 34. Competence of the authorized state body in the field of transport in the field of dactyloscopic registration

      Authorized state body in the field of transport in the field of dactyloscopic registration:
      1) develops and approves the rules for formation, maintenance of a database of dactyloscopic information of persons with respect to whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan;
      2) conducts dactyloscopic registration of persons in respect of whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan;
      3) exercises other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 35. Competence of the national security bodies of the Republic of Kazakhstan in the field of dactyloscopic registration

      The national security bodies of the Republic of Kazakhstan in the field of dactyloscopic registration:
      1) develop and approve the rules for procedure for verifying the identity by dactyloscopic information when crossing the State Border of the Republic of Kazakhstan and formation, maintenance of a dactyloscopic information database of these persons;
      2) exercise other powers provided for by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 36. Supervision over compliance with legality in the field of dactyloscopic and genomic registration

      On behalf of the state, the prosecution bodies exercise the highest supervision over compliance with legality in the field of dactyloscopic and genomic registration.
      Footnote. Article 36 in the new wording of the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 5. FINAL PROVISIONS

Article 37. Procedure for appealing against actions (inaction) of authorized state bodies in the field of dactyloscopic and (or) genomic registration

      Actions (inaction) of authorized state bodies in the field of dactyloscopic and / or genomic registration and their officials may be appealed to a higher authority (higher-ranking official) or court in the manner established by the legislation of the Republic of Kazakhstan.

Article 38. Responsibility for violation of the legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration

      Violation of the legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration entails responsibility in accordance with the laws of the Republic of Kazakhstan.

Article 39. Order of enactment of this Law

      This Law shall come into force on January 1, 2021.
      The President
of the Republic of Kazakhstan
N. NAZARBAYEV


On dactyloscopic and genomic registration

The Law of the Republic of Kazakhstan dated 30 December 2016 № 40-IV LRK

      Unofficial translation
      Note by RCLI!
      Shall be enforced from 01.01.2021.
      This Law regulates public relations in the field of dactyloscopic and genomic registration in the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) biological material - tissues and excretions of a person or a body (remains) of a deceased person, containing genomic information;
      2) biological relatives - persons who are in blood relationship: parents (parent), children, grandfather, grandmother, grandchildren, blood and half-blood, cousins, second cousins, uncles, aunts, nephews;
      3) genomic information – the coded information about certain fragments of human deoxyribonucleic acid or an unidentified corpse, allowing to establish its identity, and personal data (if any) in accordance with the requirements of this Law;
      4) genomic registration - activities carried out by authorized state bodies in the field of dactyloscopic and (or) genomic registration for collection, processing, protection of biological material and genomic information, establishment or confirmation of a person's identity;
      5) dactyloscopic information - biometric data on peculiarities of the structure of papillary patterns of fingerprints and (or) the palms of human hands or an unidentified corpse, allowing to establish its identity, and personal data in accordance with the requirements of this Law;
      6) authorized state bodies in the field of dactyloscopic and (or) genomic registration - the bodies of internal affairs, the authorized state body in the field of foreign policy activities, the national security bodies, the authorized state body in the field of transport, carrying out dactyloscopic and (or) genomic registration of citizens of the Republic of Kazakhstan, foreigners and stateless persons within their competence;
      7) blocking of dactyloscopic or genomic information – the actions to temporarily stop collecting, accumulating, changing, supplementing, using, transferring, depersonalizing, destroying dactyloscopic or genomic information;
      8) destruction of dactyloscopic or genomic information – the actions, as a result of which it is impossible to restore dactyloscopic or genomic information;
      9) depersonalization of dactyloscopic or genomic information – the actions, as a result of which it is impossible to determine the belonging of dactyloscopic or genomic information to a specific person without using additional information;
      10) processing of dactyloscopic or genomic information – the actions aimed at accumulation, storage, change, addition, use, transfer, depersonalization, blocking and destruction of dactyloscopic or genomic information;
      11) use of dactyloscopic or genomic information – the actions with dactyloscopic or genomic information aimed at achieving the goal of dactyloscopic or genomic registration;
      12) dactyloscopic registration – the activities carried out by the authorized state bodies in the field of dactyloscopic and (or) genomic registration for collecting, processing, protecting of dactyloscopic information, establishing or confirming of a person's identity;
      13) material carriers - dactyloscopic or information cards, carriers of magnetic, electronic or other types of recording, containing dactyloscopic or genomic information;
      14) an unidentified corpse - a body (remains) of a deceased person whose identity at the time of detection of the body (remains) is not established.

Article 2. Scope of this Law

      This Law regulates relations related to dactyloscopic and genomic registration of citizens of the Republic of Kazakhstan, foreigners and stateless persons in cases provided for by this Law.

Article 3. Legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration

      1. Legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other normative legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 4. Principles of dactyloscopic and genomic registration

      Dactyloscopic and genomic registration is conducted in accordance with the principles of:
      1) observance of constitutional rights and freedoms of a man and citizen;
      2) legality;
      3) obligatoriness;
      4) humanism;
      5) confidentiality;
      6) safety for human health;
      7) respect for the honor and dignity of the individual.

Article 5. Purpose of dactyloscopic and genomic registration

      Dactyloscopic and genomic registration is conducted for the purpose of establishing and (or) confirming the identity on the basis of dactyloscopic or genomic information.

Article 6. Rights and duties of authorized state bodies in the field of dactyloscopic and (or) genomic registration

      1. Authorized state bodies in the field of dactyloscopic and (or) genomic registration within their competence have the right to collect, process dactyloscopic or genomic information, to select and use biological material.
      2. Authorized state bodies in the field of dactyloscopic and (or) genomic registration within their competence are obliged:
      1) to take and observe necessary measures, including legal, organizational and technical, to protect dactyloscopic or genomic information in accordance with international treaties ratified by the Republic of Kazakhstan and this Law;
      2) to take measures to collect, accumulate, store, transfer, block, depersonalize, modify, supplement, use, destroy dactyloscopic or genomic information in the cases established by this Law.

Article 7. Rights and duties of citizens of the Republic of Kazakhstan, foreigners and stateless persons in dactyloscopic and (or) genomic registration

      1. Citizens of the Republic of Kazakhstan, foreigners and stateless persons, legal representatives of minors, guardians of persons recognized as legally incompetent by a court decision, in dactyloscopic and (or) genomic registration are entitled to:
      1) familiarize with their dactyloscopic and (or) genomic information or dactyloscopic and (or) genomic information of the person whose legitimate interests they represent;
      2) appeal to a higher authority (a higher official) or court the actions (inaction) of state bodies and their officials related to collection and (or) processing, protection of their dactyloscopic and (or) genomic information or dactyloscopic and (or) genomic information of a person whose legitimate interests they represent.
      2. Citizens of the Republic of Kazakhstan, foreigners and stateless persons subject to dactyloscopic and (or) genomic registration shall undergo the dactyloscopic procedure and (or) selection of biological material in cases stipulated by this Law.

Article 8. Basic requirements for collection, processing and protection of dactyloscopic and genomic information

      1. Dactyloscopic and genomic information refers to personal data of restricted access.
      2. Conditions for collection and processing of dactyloscopic and genomic information should exclude the possibility of its loss, distortion and unauthorized access to it, as well as unauthorized and (or) unintentional access and (or) impact on electronic information resources with dactyloscopic or genomic information.
      3. Dactyloscopic and genomic information is subject to protection, which is guaranteed by the state. Collection and processing of dactyloscopic and genomic information are carried out only in cases of ensuring its protection.
      Protection of dactyloscopic and genomic information is carried out in accordance with the legislation of the Republic of Kazakhstan on information, on personal data and their protection, state secrets.
      4. State bodies that collect and (or) process dactyloscopic and (or) genomic information are required to maintain the confidentiality of dactyloscopic and (or) genomic information and ensure its protection.
      5. Collection, processing, protection of dactyloscopic and (or) genomic information, selection and use of biological material are carried out in accordance with the rules of dactyloscopic and genomic registration.

Article 9. Blocking, depersonalization, transfer of dactyloscopic or genomic information

      1. Authorized state bodies in the field of dactyloscopic and (or) genomic registration shall carry out depersonalization, as well as removal of depersonalization of dactyloscopic or genomic information.
      2. Authorized state bodies in the field of dactyloscopic and (or) genomic registration perform blocking of dactyloscopic or genomic information in the event that information is available on violation of conditions of its collection, processing, as well as the removal of blocking after the conduct of verification activities and eliminating violations.
      3. Authorized state bodies in the field of dactyloscopic and (or) genomic registration shall block and (or) depersonalize, and remove the blocking and (or) depersonalization of dactyloscopic or genomic information on the basis of joint normative legal acts with state bodies that carry out operational search, intelligence, counterintelligence activities.
      4. Transfer of dactyloscopic or genomic information to courts, law enforcement, special state bodies, executive enforcement, inquiry, investigation agencies, shall be carried out on the basis of the laws of the Republic of Kazakhstan in accordance with the rules of dactyloscopic and genomic registration.
      5. Dactyloscopic or genomic information can be transferred by authorized state bodies in the field of dactyloscopic and / or genomic registration to foreign states in accordance with international treaties ratified by the Republic of Kazakhstan and laws of the Republic of Kazakhstan.

Chapter 2. CONDUCT OF DACTYLOSCOPIC REGISTRATION

Article 10. Persons subject to dactyloscopic registration

      1. The following persons, who reached the age of sixteen, are subject to obligatory dactyloscopic registration:
      1) citizens of the Republic of Kazakhstan who apply for a passport or identity card of a citizen of the Republic of Kazakhstan for the first time, and also in cases of its restoration, replacement;
      2) citizens of the Republic of Kazakhstan, foreigners and stateless persons in respect of whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan;
      3) foreigners and stateless persons permanently residing in the Republic of Kazakhstan;
      4) foreigners and stateless persons applying for a residence permit of a foreigner in the Republic of Kazakhstan, a certificate of a stateless person, a refugee certificate for the first time or for its restoration, replacement;
      5) immigrants who arrived in the Republic of Kazakhstan as domestic workers for the purpose of performing work (rendering services) at employers - individuals in the household;
      6) foreigners and stateless persons subject to deportation from the Republic of Kazakhstan or subject to the international treaties on readmission, ratified by the Republic of Kazakhstan;
      7) foreigners and stateless persons in obtaining visas of the Republic of Kazakhstan.
      2. Children between the ages of twelve and sixteen years shall be subject to dactyloscopic registration upon receipt of a passport of a citizen of the Republic of Kazakhstan on a voluntary basis in the manner provided for in paragraph 2 of Article 11 of this Law. Children under the age of twelve are not subject to dactyloscopic registration.
      3. Persons with physical disabilities that exclude the possibility of fingerprinting (the absence of all fingers on both hands or the absence of papillary patterns on the nail phalanxes of all the fingers of both hands) are exempt from dactyloscopic registration, the procedure for verifying the identity on dactyloscopic information when crossing the State Border of the Republic of Kazakhstan.
      Foreigners and stateless persons subject to deportation from the Republic of Kazakhstan or subject to international treaties on readmission ratified by the Republic of Kazakhstan, with physical disabilities (lack of all fingers on both hands or lack of papillary patterns on the nail phalanxes of all fingers of both hands) are subject to dactyloscopic registration on the palms of the hands.

Article 11. Procedure for collecting dactyloscopic information

      1. Dactyloscopic registration shall be carried out in relation to:
      1) persons specified in subparagraph 1) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs, in case of registration of a passport of a citizen of the Republic of Kazakhstan in foreign missions of the Republic of Kazakhstan – by the authorized state body in the field of foreign policy activities;
      2) persons specified in subparagraph 2) of paragraph 1 of Article 10 of this Law – by the authorized state body in the field of transport;
      3) persons specified in subparagraphs 3) - 5) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs;
      4) persons specified in subparagraph 6) of paragraph 1 of Article 10 of this Law – by the bodies of internal affairs, national security bodies in accordance with their competence;
      5) persons specified in subparagraph 7) of paragraph 1 of Article 10 of this Law – by the authorized state body in the field of foreign policy activities, bodies of internal affairs in accordance with their competence.
      2. For children aged twelve - sixteen years, dactyloscopic registration is carried out with their consent in the presence and on the basis of a written application of the legal representative of the child.
      3. Dactyloscopic registration of a citizen of the Republic of Kazakhstan, foreigner or stateless person whose incapacity is established by a court is conducted in the presence and on the basis of a written application of his guardian.
      4. Collection of dactyloscopic information is carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 12. Information contained on material carriers with dactyloscopic information

      1. Material carrier with dactyloscopic information when issuing identity documents contains the following data:
      1) surname, name, patronymic (if available);
      2) date and place of birth;
      3) sex;
      4) nationality (at the request of the owner);
      5) citizenship;
      6) photograph;
      7) information on the peculiarities of the structure of papillary patterns of the fingers and (or) the palms of the hands;
      8) date of issue, document number, validity period;
      9) signature of the owner of the documents;
      10) individual identification number (if any);
      11) the date and the basis for conduct of dactyloscopic registration;
      12) the name of the issuing authority;
      13) surname, name, patronymic (if any) of the person who performed the dactyloscopic registration.
      2. Material carrier with dactyloscopic information when issuing visas of the Republic of Kazakhstan contains the following data:
      1) surname, name, patronymic (if available);
      2) date of birth;
      3) sex;
      4) information on the peculiarities of the structure of the papillary patterns of the fingers and (or) the palms of the hands;
      5) citizenship;
      6) photograph;
      7) date of issue, document number, validity period;
      8) date of issue, validity of the visa;
      9) the date and the basis for conduct of dactyloscopic registration;
      10) the name of the visa issuing authority;
      11) surname, name, patronymic (if any) of the person who performed the dactyloscopic registration.

Article 13. Modifying and (or) supplementing dactyloscopic information

      Modifying and (or) supplementing the dactyloscopic information of persons who have undergone dactyloscopic registration are carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 14. Accumulation and storage of dactyloscopic information

      Accumulation and storage of dactyloscopic information obtained during dactyloscopic registration are carried out by the bodies of internal affairs by forming an electronic information resource in accordance with the legislation of the Republic of Kazakhstan.
      Accumulation and storage of dactyloscopic information of persons for whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan are carried out by the authorized state body in the field of transport by forming an electronic information resource in accordance with the legislation of the Republic of Kazakhstan.

Article 15. Terms of storage of dactyloscopic information

      1. Bodies of internal affairs, the authorized state body in the field of transport store dactyloscopic information in the databases about persons specified:
      in subparagraph 1) of paragraph 1 of Article 10 of this Law - until the fact of their death is established, in cases of recognition of the citizen as missing or announcement of the citizen dead by the court, loss or withdrawal from the citizenship of the Republic of Kazakhstan to the date when they would be one hundred years old;
      in subparagraphs 2) - 7) of paragraph 1, paragraph 2 of Article 10 of this Law - ten years from the date of registration.
      2. Upon expiration of the terms specified in paragraph 1 of this article, the bodies of internal affairs, the authorized state body in the field of transport store dactyloscopic information about persons who have undergone dactyloscopic registration on the basis of subparagraphs 2) - 7) of paragraph 1, paragraph 2 of Article 10 of this Law, in archives on material carriers for forty years.

Article 16. Using dactyloscopic information

      Dactyloscopic information of citizens of the Republic of Kazakhstan, foreigners and stateless persons, obtained during dactyloscopic registration, is used for:
      1) confirmation and / or identification of citizens of the Republic of Kazakhstan, foreigners and stateless persons;
      2) registration and control of foreigners and stateless persons on the territory of the Republic of Kazakhstan;
      3) ensuring safety of the individual, society and the state;
      4) registration and control of persons crossing the State border of the Republic of Kazakhstan, through the procedure for verifying the identity using the dactyloscopic information.
      Citizens of the Republic of Kazakhstan, foreigners and stateless persons shall be exempt from the procedure for identification of a person using the dactyloscopic information when crossing the State Border of the Republic of Kazakhstan upon written request of special state bodies, the Ministry of Defense of the Republic of Kazakhstan, the authorized state body in the field of foreign policy activities, and also in cases provided for by paragraph 3 of Article 10 of this Law.

Article 17. Destruction of dactyloscopic information

      1. Dactyloscopic information is destroyed by the bodies of internal affairs, the authorized state body in the field of transport, which carry out its accumulation and storage.
      2. Dactyloscopic information shall be destroyed upon expiration of its terms of storage provided for in Article 15 of this Law.
      3. Destruction of dactyloscopic information is carried out according to the acts approved by the heads of the authorized divisions of the bodies of internal affairs, the authorized state body in the field of transport, indicating: 
      1) date, ground for destruction of dactyloscopic information;
      2) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of identity document of the registered person;
      3) method of destruction;
      4) surname, name, patronymic (if any), post and signature of persons who destroyed dactyloscopic information.

Chapter 3. CONDUCT OF GENOMIC REGISTRATION

Article 18. Persons subject to genomic registration

      1. The following persons are subject to mandatory genomic registration:
      1) persons convicted of grave or particularly grave crimes, as well as crimes provided for in articles 120, 121, 122, 123 and 124 of the Criminal Code of the Republic of Kazakhstan;
      2) unidentified persons whose biological material was seized during the pre-trial investigation in accordance with the procedure established by the criminal procedural law of the Republic of Kazakhstan for unsolved grave or particularly grave crimes, as well as crimes provided for in articles 120, 121, 122, 123 and 124 of the Criminal Code Republic of Kazakhstan;
      3) unidentified corpses.
      2. Biological relatives of missing citizens, first of all, parents (parent) and (or) children (child), and in their absence, other biological relatives, depending on the degree of kinship, are subject to genomic registration with their consent in the manner established by this Law.

Article 19. Procedure for genomic registration

      Genomic registration is carried out in the following order:
      1) selection of biological material from persons subject to genomic registration, unidentified corpses, as well as the seizure of biological material of unidentified persons during the pre-trial investigation from the places of unsolved grave or particularly grave crimes in accordance with the legislation of the Republic of Kazakhstan;
      2) biological material of persons specified in subparagraph 1) of paragraph 1 of Article 18 of this Law shall be forwarded to an authorized division of the bodies of internal affairs for obtaining genomic information and performing genomic registration;
      3) biological material of persons specified in subparagraph 2) of paragraph 1, paragraph 2 of Article 18 of this Law and unidentified corpses shall be forwarded to an authorized division of the bodies of internal affairs for carrying out research and conduct of genomic registration or forensic authorities of the Ministry of Justice of the Republic of Kazakhstan (hereinafter - forensic examination bodies), or to an individual performing forensic expert activity on the basis of a license, to conduct a forensic examination.
      Forensic examination bodies or an individual performing forensic expert activity on the basis of a license send a copy of the genomic information obtained during the forensic molecular genetic examinations to the authorized division of the bodies of internal affairs for genomic registration.

Article 20. Information obtained in selection of biological material

      1. When selecting biological material for genomic registration for each convicted person, an information card shall be made by the employee of the institution or the body executing the punishment, where the following information is entered:
      1) surname, name, patronymic (if any), citizenship, sex, date and place of birth, information on registration at the place of residence or place of stay, individual identification number (if available) or name and number of the identity document from which the data were taken on the person being registered;
      2) the name of the division of the state body that carries out the selection of biological material for genomic registration;
      3) the date and the basis for selection of biological material for genomic registration;
      4) article of the Criminal Code of the Republic of Kazakhstan, on which the person was convicted;
      5) surname, name, patronymic (if available), post and signature of the official who selected the biological material;
      6) the signature of the person from whom the biological material was taken for genomic registration, with the exception of a minor. If a registered person refuses to sign the information card, a record is made in it about this;
      7) signatures of legal representatives of minors.
      2. When selecting biological material for genomic registration from biological relatives of the missing citizens in the procedure established by the criminal procedure law of the Republic of Kazakhstan, the inquiry, investigation bodies shall enter information into the information card specified in subparagraphs 1) - 3), 5) - 7) of paragraph 1 of this article, as well as the signature of the guardian of a person recognized incapable by a court decision. A copy of the procedural protocol is attached to the information card.
      3. When selecting biological material for genomic registration of unidentified individuals whose biological material is seized during the pre-trial investigation in the manner established by the criminal procedure law of the Republic of Kazakhstan, the inquiry and investigation bodies shall enter the following information into the information card:
      1) the name of the division of the state body that carries out the selection of biological material for genomic registration;
      2) the date and basis for the seizure of biological materials, the number of the criminal case or the registration number in the information registration book;
      3) qualification of the act, date and place of committing the crime;
      4) surname, name, patronymic (if any), post and signature of the official who received the biological material.
      A copy of the procedural protocol is attached to the information card.
      4. When selecting biological material for genomic registration of unidentified corpses, the information specified in paragraph 3 of this article, as well as the date and place of detection of an unidentified corpse, sex, special signs and the cause of death (if any) are recorded in the information cards. A copy of the procedural protocol is attached to the information card.

Article 21. Selection and use of biological material

      1. Selection of biological material for genomic registration is carried out:
      1) from the convicted persons subject to genomic registration - by the bodies of internal affairs;
      2) from unidentified persons whose biological material was seized during the pre-trial investigation in accordance with the procedure established by the criminal procedure law of the Republic of Kazakhstan, - by inquiry and investigation bodies conducting criminal proceedings, with the involvement of specialists from the authorized division of the bodies of internal affairs and (or) forensic medicine and compliance with the requirements of the Criminal Procedure Code of the Republic of Kazakhstan;
      3) from biological relatives of the missing citizens – by the bodies of internal affairs;
      4) from unidentified corpses – by the bodies of internal affairs with the involvement of a specialist in forensic medicine.
      2. Selection of biological material from biological relatives of missing citizens for genomic registration is carried out on the basis of their written application.
      Selection of biological material from a minor who is a biological relative of a missing person is carried out with his consent in the presence and on the basis of a written application of his legal representative.
      Selection of biological material from a person found incapable by a court decision and being a biological relative of a missing person is conducted in the presence and on the basis of a written application of his guardian.
      3. In case of poor initial selection of biological material that excludes obtaining genomic information, the biological material of convicts subject to genomic registration, biological relatives of the missing citizens is repeatedly selected at the request of the authorized division of the bodies of internal affairs that perform genomic registration.
      4. Biological material selected for genomic registration is used to obtain genomic information.
      5. Biological material for genomic registration is not selected upon re-conviction of a person who has passed it before.

Article 22. Terms of storage of biological material

      1. Terms of storage of biological material of biological relatives of missing citizens, unidentified persons, as well as unidentified corpses seized during pre-trial investigation and recognized as material evidence in a criminal case shall be determined in accordance with the requirements of article 118 of the Criminal Procedure Code of the Republic of Kazakhstan.
      2. Biological material selected for genomic registration of convicted persons shall be stored from the day of its selection until obtaining genomic information from it.

Article 23. Destruction of biological material

      1. Biological material of biological relatives of missing citizens, unidentified persons, unidentified corpses, seized during pre-trial investigation and recognized as material evidence in a criminal case, after receiving genomic information is returned to the inquiry, investigation bodies.
      2. Biological material obtained during genomic registration of convicted persons shall be destroyed after the expiration of its term of storage established by paragraph 2 of Article 22 of this Law by the authorized division of the bodies of internal affairs after receiving genomic information on the acts approved by its head, indicating:
      1) the date, grounds for destruction of biological material;
      2) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of the identity document of the registered person;
      3) method of destruction;
      4) surnames, names, patronymics (if any), posts and signatures of officials who carried out destruction of biological material, the name of the authorized division.

Article 24. Information contained on material carriers with genomic information

      A material carrier with genomic information shall contain information from the information card established by this Law, as well as:
      1) the name of a division of a state body that has obtained genomic information;
      2) number of the criminal case;
      3) number and date of the forensic expert or expert opinions;
      4) genomic information;
      5) the name of the biological object and the procedural status of the person whose genomic information was obtained as a result of forensic examination or research.

Article 25. Obtaining genomic information

      Obtaining of genomic information on persons subject to genomic registration is carried out using:
      1) the biological material of convicts subject to genomic registration, - by the authorized division of the bodies of internal affairs;
      2) the biological material of unidentified persons seized during the pre-trial investigation, the biological relatives of the missing citizens, from unidentified corpses - by the authorized division of the bodies of internal affairs or by the forensic examination body, by an individual, performing forensic expert activity on the basis of a license, in case of appointment of forensic examination by inquiry, investigation bodies.

Article 26. Modification and / or supplementation of genomic information

      Modification and (or) supplementation of genomic information of persons who have undergone genomic registration are carried out in accordance with the rules for conduct of dactyloscopic and genomic registration.

Article 27. Accumulation and storage of genomic information

      Accumulation and storage of genomic information obtained during genomic registration is carried out by the bodies of internal affairs in electronic information resources in accordance with the legislation of the Republic of Kazakhstan.

Article 28. Use of genomic information

      1. Genomic information obtained as a result of genomic registration is used for the purposes of:
      1) prevention, disclosure and investigation of criminal offenses, as well as detection and identification of persons who committed them;
      2) search for missing persons of the Republic of Kazakhstan, foreigners and stateless persons permanently residing or temporarily staying in the Republic of Kazakhstan;
      3) establishment of citizens of the Republic of Kazakhstan, foreigners and stateless persons by unidentified corpses;
      4) establishment of family relations of wanted or established persons.
      2. Genomic information of biological relatives of missing citizens is used for the purposes provided for by subparagraph 3) of paragraph 1 of this article.

Article 29. Terms of storage of genomic information

      1. Genomic information of the convicted person subject to genomic registration shall be stored from the day of genomic registration until the expiry of twenty-five years after the fact of his death established, and in the absence of information on death or declaring him dead by a court - until the date when he would turn one hundred years old.
      2. Genomic information obtained during genomic registration of unidentified persons, whose biological material was seized during the pre-trial investigation is stored twenty-five years from the date of genomic registration. 
      3. Genomic information obtained during genomic registration of biological relatives of missing citizens is stored until the location of the missing person is found or the criminal case is closed for lack of an event or a crime.
      4. Genomic information obtained during genomic registration of unidentified corpses is stored until the identity of the deceased person is established, but not more than twenty five years from the date of genomic registration.

Article 30. Destruction of genomic information

      1. Genomic information obtained as a result of genomic registration is destroyed by the bodies of internal affairs that store it, after the expiration of the terms of storage provided for in this Law.
      2. Genomic information of the acquitted person subjected to genomic registration after his conviction is destroyed not earlier than one year after the entry of the acquittal of the court into legal force.
      3. Destruction of genomic information obtained during genomic registration is carried out by the authorized division of the bodies of internal affairs under the acts approved by its head, indicating:
      1) the date and grounds for destruction of genomic information;
      2) the registration number of genomic information;
      3) surname, name, patronymic (if any), sex, date and place of birth, individual identification number (if any), number of the identity document of the registered person;
      4) method of destruction;
      5) surnames, names, patronymics (if any), posts and signatures of officials who carried out destruction of genomic information, the name of the authorized division.
      The act of destruction of genomic information of an unidentified corpse indicates the name of the inquiry, investigation body and the official who initiated the genomic registration, the number of the criminal case, the qualification of the act, the date and place of detection of the unidentified corpse.

Chapter 4. STATE REGULATION IN THE FIELD OF DACTYLOSCOPIC AND GENOMIC REGISTRATION

Article 31. Competence of the Government of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration

      The Government of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration:
      1) develops the main directions of the state policy in the field of dactyloscopic and genomic registration and organizes their implementation;
      2) approves the rules for conduct of dactyloscopic and genomic registration;
      3) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 32. Competence of the bodies of internal affairs of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration

      Bodies of internal affairs of the Republic of Kazakhstan in the field of dactyloscopic and genomic registration:
      1) develop the rules for conduct of dactyloscopic and genomic registration;
      2) develop and approve the rules for formation, maintenance of dactyloscopic and genomic information databases;
      3) exercise other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 33. Competence of the authorized state body in the field of foreign policy activities in the field of dactyloscopic registration

      The authorized state body in the field of foreign policy in the field of dactyloscopic registration:
      1) develops and approves the rules for collection and processing of dactyloscopic information from citizens of the Republic of Kazakhstan, who claim to obtain a passport of a citizen of the Republic of Kazakhstan abroad, foreigners and stateless persons in obtaining visas of the Republic of Kazakhstan;
      2) conducts dactyloscopic registration in accordance with the legislation of the Republic of Kazakhstan;
      3) exercises other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 34. Competence of the authorized state body in the field of transport in the field of dactyloscopic registration

      Authorized state body in the field of transport in the field of dactyloscopic registration:
      1) develops and approves the rules for formation, maintenance of a database of dactyloscopic information of persons with respect to whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan;
      2) conducts dactyloscopic registration of persons in respect of whom a decision was taken to issue a seafarer’s identity document of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan;
      3) exercises other powers provided for by laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 35. Competence of the national security bodies of the Republic of Kazakhstan in the field of dactyloscopic registration

      The national security bodies of the Republic of Kazakhstan in the field of dactyloscopic registration:
      1) develop and approve the rules for procedure for verifying the identity by dactyloscopic information when crossing the State Border of the Republic of Kazakhstan and formation, maintenance of a dactyloscopic information database of these persons;
      2) exercise other powers provided for by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 36. Supervision over compliance with legality in the field of dactyloscopic and genomic registration

      On behalf of the state, the prosecution bodies exercise the highest supervision over compliance with legality in the field of dactyloscopic and genomic registration.
      Footnote. Article 36 in the new wording of the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 5. FINAL PROVISIONS

Article 37. Procedure for appealing against actions (inaction) of authorized state bodies in the field of dactyloscopic and (or) genomic registration

      Actions (inaction) of authorized state bodies in the field of dactyloscopic and / or genomic registration and their officials may be appealed to a higher authority (higher-ranking official) or court in the manner established by the legislation of the Republic of Kazakhstan.

Article 38. Responsibility for violation of the legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration

      Violation of the legislation of the Republic of Kazakhstan on dactyloscopic and genomic registration entails responsibility in accordance with the laws of the Republic of Kazakhstan.

Article 39. Order of enactment of this Law

      This Law shall come into force on January 1, 2021.
      The President
of the Republic of Kazakhstan
N. NAZARBAYEV

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