Octopus Cybercrime Community

Kazakhstan adopted specific provisions to guarantee the information security, which are incorporated in the Criminal Code of Kazakhstan /Chapter 7 (version of July 2014).

Elements of illegal access, data interference, system interference and misuse of devices are partially present in the Criminal Code.

Criminal Procedure Code and Law on Operative-Detective Activities provide for partial implementation of majority of procedural powers.

Existing provisions of the Criminal Code and Criminal Procedure Code reviewed in 2018 by CoE and recommendations provided.

Illegal access- partly Art.148 and Art. 205 of the Criminal Code of Kazakhstan

Illegal interception- partly Art.147 (3), Art.148 (2) and Art.223 of the Criminal Code of Kazakhstan

Data interference- Art.206 (1) of the Criminal Code of Kazakhstan

System interference- Art. 207 of the Criminal Code of Kazakhstan

Misuse of device- Art. 210 and Art.213 of the Criminal Code of Kazakhstan

Computer-related forgery- partly Art. 369 and Art.385 of the Criminal Code of Kazakhstan

Computer-related fraud- partly Art.190 and Art.210 (3) of the Criminal Code of Kazakhstan

Offences related to child pornography- Art.312 of the Criminal Code of Kazakhstan

Offences related to infringements of copyright and related rights- Art.198 of the Criminal Code of Kazakhstan

Attempt and aiding or abetting- partly Art.24, Art.26-29, Art.56, Art. 205-207 of the Criminal Code of Kazakhstan

Corporate liability- partly Art.205 of the Criminal Code of Kazakhstan

Scope of procedural provisions- partly Art.9-10 of the Criminal Procedure Code of Kazakhstan

Expedited preservation of stored computer data- Art.231, partly Art.163 and Art.561, Art.577 of the CPC of Kazakhstan

Expedited preservation and partial disclosure of traffic data- Art.231, Art.243-247, esp. Art.243, Art.561 of the CPC of Kazakhstan

Production order- Art.231, Art.243-247, esp. Art.244 of the CPC of Kazakhstan

Search and seizure of stored computer data- Art.231, Art.243-247, esp. Art.247 of the CPC of Kazakhstan

Real-time collection of traffic data- Art.231, Art.243-247 of the CPC of Kazakhstan

Interception of content data - Art.231, Art.243-247, esp. Art. 247 of the CPC of Kazakhstan

The safeguards are guaranteed by the Constitution of the Republic of Kazakhstan, esp. Art. 12-14 and Art.17-18, Art.25.

The used safeguards are also covered by Art.13, 15-16 and Art.198 and Art.241 of the of the CPC of the Republic Kazakhstan, as well as Chapter 7 and Art.77-80 (entry into force in 2018) of the Criminal Implementation Code of the Republic of Kazakhstan.

Law of the Republic of Kazakhstan “On Broadcasting”, January 18, 2012, №545-IV (as amended on 10.07.2012).

Law of the Republic of Kazakhstan “On the national security of the Republic of Kazakhstan”, January 6, 2012, №527-IV.

Law of the Republic of Kazakhstan “On making amendments and additions to some legislative acts of the Republic of Kazakhstan on information and communication networks, July 10, 2009, №178-IV.

Law of the Republic of Kazakhstan “On Information”, January 11, 2007, №217 (with amendments as of 10.07.2012).

Law of the Republic of Kazakhstan “On the communication networks”, July 5, 2004, №567-II (with alterations and amendments as of 10.07.2012).

Law of the Republic of Kazakhstan “On Advertising”, December 19, 2003, №508-II (with amendments as of 10.07.2012).

Law of the Republic of Kazakhstan “On the Media”, July 23, 1999, №451-I (with alterations and amendments as of 01.08.2013).

Also see:

On personal data protection, Art. 211 of the Criminal Code of the Republic of Kazakhstan.

List of state standards of the Republic of Kazakhstan used in the field of information security.

Law of the Republic of Kazakhstan "On technical regulation ", November 9, 2004, №603-II (with amendments as of 09.29.2014).

Law of the Republic of Kazakhstan "On Electronic Document and electronic digital signature”, January 7, 2003, №370.

Law of the Republic of Kazakhstan “On the Rights of the Child in the Republic of Kazakhstan”, August 8, 2002, №345-II (with amendments as of 18.06.2014).

Law of the Republic of Kazakhstan “On Protection of State Secrets of the Republic of Kazakhstan”, March 15, 1999, №349-I (with amendments as of 11.07.2014).

Ministry of Justice of the Republic of Kazakhstan and the General Prosecutor's Office of the Republic of Kazakhstan.

Ministry of Internal Affairs of the Republic of Kazakhstan and particularly the Department of Financial Police and the special Group “K”.

In December 2019, “The Head of State signed the law of Kazakhstan ‘On ratification the Agreement among CIS countries on fight against cybercrime’ Thus, signed on September 28, 2018 in Tajikistan’s Dushanbe, the agreement is to replace the previous document on cooperation on fight of crimes in area of computer information ratified on June 1, 2001.

International cooperation is partly based on the signed bilateral and multilateral agreements.

Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Cooperation in the field of international information security, Yekaterinburg, June 16, 2009. Ratified by the Republic of Kazakhstan on the June 1st, 2010.

Resolution: Concept of Cooperation the CIS countries in the field of information security and a comprehensive action plan to implement the concept of cooperation in the CIS countries in the field of information security for the period from 2008 to 2010. Signed in Bishkek, October 10, 2008.

Concept of Cooperation of the CIS countries in the fight against terrorism and other violent manifestations extremism. Decision of the Council of Heads of State of the Commonwealth of Independent States on August 26, 2005.