Regulation on the Scientific and Methodological Council

Application
to the order of the Prosecutor General
Republic of Kazakhstan
“28” December 2015 No. 164

Regulation on the Scientific and Methodological Council of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan

1. General Provisions

1. The Scientific Methodological Council (hereinafter referred to as the SMC) is an interdepartmental consultative and advisory body created to form a unified scientific policy for law enforcement agencies of the Republic of Kazakhstan.
2. In its activities, SMC is guided by the Constitution, the laws of the Republic of Kazakhstan “On Law Enforcement Service”, “On the Prosecutor’s Office”, “On Education”, “On Science” and other regulatory legal acts of the Republic of Kazakhstan, the Charter of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan ( hereinafter referred to as the Academy), as well as these Regulations.
3. The NMS operates on the basis of the Academy, and its composition, by agreement, includes: heads of universities, structural divisions of law enforcement agencies, representatives of government bodies, the scientific community and public figures. The composition of the SMC is approved by order of the rector of the Academy.
Footnote. Clause 3 as amended by orders of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144 and No. 141 dated June 30, 2022.

2. Main tasks of SMC

4. The main tasks of SMC are:
1) coordination of interdepartmental scientific research in the field of law enforcement, as well as activities for the participation of scientific units of law enforcement agencies in competitions held by the authorized body in the field of education and science, government agencies, international organizations in the manner prescribed by law”;
Footnote. Subparagraph 1) paragraph 4 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
2) improvement of law enforcement practice;
3) identification of current topics of interdepartmental scientific research for scientific units of law enforcement agencies;
Footnote. Subparagraph 3) of paragraph 4 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
4) excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
5) setting research tasks for scientific departments of law enforcement agencies;
6) analysis and assessment of the effectiveness of introducing the results of interdepartmental scientific research into practical, rule-making activities and the educational process.
Footnote. Subparagraphs 5) and 6) of paragraph 4 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.

3. SMC Features

5. To perform assigned SMC tasks:
1) determines current topics of interdepartmental scientific research in the field of law enforcement, plans and work programs for scientific research;
Footnote. Subparagraph 1) of paragraph 5 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
2) considers and approves interdepartmental scientific concepts and proposals for scientific development programs for law enforcement agencies;
3) in order to implement priority areas of law enforcement activities, discusses and develops recommendations on the main areas of research work;
4) considers recommendations for the implementation of the results of interdepartmental scientific research in practical, rule-making activities and the educational process of law enforcement agencies;
5) makes recommendations on improving interdepartmental scientific research, the effective use of financial resources received within the framework of basic, grant, program-targeted financing of scientific and (or) scientific and technical activities;
6) creates teams of authors to conduct interdepartmental scientific research;
7) analyzes the effectiveness of the implementation of interdepartmental scientific research;
Footnote. Subparagraphs 4), 5), 6) and 7) of paragraph 5 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
8) excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
9) promotes the mutually beneficial exchange of scientific, methodological literature and information materials between educational organizations of law enforcement agencies;
10) makes recommendations on sending members of interdepartmental scientific research teams on business trips, in agreement with the heads of law enforcement agencies, law enforcement educational organizations;
Footnote. Subparagraph 10) of paragraph 5 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
11) promotes scientific research jointly with other scientific organizations and higher educational institutions, including international ones;
12) hears reports on the results of interdepartmental scientific research.
Footnote. Subparagraph 12) of paragraph 5 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.

4. Procedure for the election and work of SMC

6. The chairman of the SMC is the rector of the Academy. In the absence of the Chairman, his functions are performed by a person replacing the rector.
7. A meeting of the SMC is convened by its chairman as necessary.
Footnote. Paragraphs 6 and 7 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144, paragraph 7 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated June 30, 2022 No. 141.
8. SMC decisions are advisory in nature.
9. SMC Chairman:
1) carries out general management;
2) plans the work of SMC and determines activities aimed at improving the quality and efficiency of decisions made;
3) approves the agenda of meetings, final documents and recommendations on the issues under consideration;
4) exercises control over the execution of SMC decisions;
5) approves work programs of interdepartmental scientific research;
6) approves work programs of interdepartmental scientific research of mutual interest in agreement with interested members of the SMC;
Footnote. Subparagraphs 5) and 6) of paragraph 9 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
7) approves reports on the results of interdepartmental scientific research;
8) appoints experts to review applications for research work received for approval by SMC, as well as other materials on ongoing and completed scientific research.
10. The working body of SMC is the Secretariat.
11. The Secretary of the SMC is the Director of the Interdepartmental Research Institute of the Academy.
12. The composition of the SMC Secretariat is formed from among the Academy’s employees, representatives of law enforcement agencies, departmental educational institutions by agreement, approved by order of the Academy Rector.
Footnote. Paragraph 12 as amended by orders of the Prosecutor General of the Republic of Kazakhstan No. 144 dated November 24, 2020 and No. 141 dated June 30, 2022.
13. The Secretariat ensures the proper functioning of SMC, in particular:
1) forms the SMC work plan;
2) informs SMC members about the date, time and place of the meeting;
3) organizes and controls the preparation of materials submitted for consideration at the meeting;
4) draws up minutes of the meeting;
5) organizes and controls the execution of HMC decisions;
6) performs other assignments necessary to ensure the efficiency of SMC;
7) sends requests to law enforcement agencies, other scientific organizations, educational institutions, and representatives of the scientific community;
8) monitors interdepartmental scientific research.
Footnote. Paragraph 13 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144.
14. excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
15. excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
16. excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
17. An SMC member has the right:
1) make proposals, comments and amendments on the substance of the issues discussed and on the agenda;
2) take part in the preparation of materials for SMC meetings, as well as draft decisions, and participate in the implementation of HMC decisions;
3) get acquainted with the minutes and materials of SMC meetings;
4) make suggestions, comments, draft documents and decisions for their subsequent discussion and possible adoption by SMC members;
5) in case of disagreement with the SMC decision, express your opinion in writing, which is entered into the minutes of the SMC meeting and attached to the decision in respect of which this opinion was expressed;
6) excluded; by order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
18. An SMC member is obliged to:
1) attend meetings of the council, take an active part in its work, perform the tasks assigned to it in a timely and efficient manner;
2) contribute to the implementation of the functions and tasks of SMC;
3) if it is impossible for good reason to attend a meeting of the SMC, inform the secretary of the SMC and send your proposals on the issues under consideration in writing before the start of the meeting.
Footnote. Subparagraph 3) of paragraph 18 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated November 24, 2020 No. 144 and No. 141 dated June 30, 2022.
19. SMC is conducted with the participation of at least 2/3 of the members in offline, online and/or remote format. SMC decisions are made by open vote by a majority vote of the participating SMC members. In case of equality of votes among HMC members, the chairman’s vote is decisive.
Footnote. Clause 19 as amended by order of the Prosecutor General of the Republic of Kazakhstan dated June 30, 2022 No. 141.
20. Meetings of the SMC and the decisions it makes are recorded in the minutes, signed by the Chairman.
21. SMC members are notified by the Secretariat of the date and agenda of the meeting and the issues discussed at it no later than 7 working days before the meeting. Materials on issues included in the SMC meeting agenda and draft minutes are sent to its members no later than 5 working days before their consideration at the meeting.
22. excluded; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144
Annex 2 has been deleted; Order of the Civil Code of the Republic of Kazakhstan dated November 24, 2020 No. 144