The Theses of the Performance of Mr. Yuriy Khitrin

the Prosecutor General of the Republic of Kazakhstan,

Firstly, I would like to gratitude the organisers of the conference for such respectable forum, which is here, on the great India's land. Certainly, this kind of the international meetings and participation in them of Kazakhstan are very important for us as an exchange of experience, development of the co-operation with, and as a friendly dialogue.

My interest in this meeting consists of an opportunity to know closer development of legal systems of the submitted here states, on the level of legality and offered methods of the struggle with criminality. I have accepted the participant's invitation at the conference with the strong belief, that I do know here a lot of useful information for myself and I shall share the vision of the decision of a discussed problem today. As we know, there are no the absolute recipes of the struggle with criminality and we can not eradicate it completely, it is impossible. A main object of any States is effectively counteract it and reduce its level.

Before my telling on the struggle with criminality in the Kazakhstan, I would like to give you the general representation about our law-enforcement system, and the role each of them institute.

The Sovereign Kazakhstan for short years of the independence has gone on the way of reforming and organisation of the law-enforcement system. This process is not completed yet, and, it is possible we are in the middle of this way. The first stage of the legal reform, which were the global changes in the sphere of the legislation and organisational rearrangements of the law-enforcement forces, is behind us now. At the first stage we already have created the main legal base, are accepted the major code laws in the sphere of the criminal and the criminal-procedure rights. Real conditions are created on maintenance of independence of the courts. By one of first we have accepted the law "The struggle with corruption". The struggle with criminality and corruption is conducted under the requiring and rigid control of the President of our country Mr. N. Nazarbaev.

However, it was not possible to avoid mistakes. It is a complete refusal from a consequence in the institute of prosecution, it is creation of State Committee of Investigations, which could exist only two years. Estimating our past, we prepare for the second stage of the legal reform and I am sure, that we shall manage to not admit the miscalculations. We have all preconditions to this.

Today in our country there are bodies of internal cases, national security, tax police are engaged in the sphere of criminology. There are volumes of the authority each of them, strictly determined by the legislation. The public prosecution provides co-ordination of their activity and carries out supervision for application by them of the laws and other normative legal acts of the Republic of Kazakhstan. The co-ordination of activity is provided through the co-ordination councils that are constantly working as consultative agencies, which consists of the chiefs of all law-enforcement bodies.

I shall say, that the public prosecution has wide authorities determined by the Constitution and expressing in the general concept, which is the highest supervision of observances of legality. It is supposed that already in the nearest future Kazakhstan prosecutors will return to investigations of the most complex, difficult criminal cases.

I shall begin to tell about general characteristics of the criminality in Kazakhstan from the analysis of the statistic facts.

First of all, I should say, that we have the clearest and objective picture of criminality in the country than in the other countries of CIS. The transfer of structures of the legal statistics to the authority of the Prosecutor's General Office is conducive to it. That is, the bodies directly responsible for the struggle with criminality are not engaged in the formation of statistics. They have not an opportunity to embellish their activity.

There were five years after declaration of independence, since 1992 till 1996, when we were registered about 200 thousands crimes on 16 millions population. It was the appreciable leap of criminality when its level had increased at once by 25 per cent. In this period our Republic had been in the stages of formation and was not ready be independently to resist to criminal structures, which were taken a force.

Since 1997 this situation has become improve and we could stabilise conditions. Today we are registered about 150 thousands crimes average for one year. Certainly, it is also quite a lot. We have about 100 crimes on 10 thousands our population. Average only on 60 per cent of the criminal cases from the registered crimes are reached the courts.

At the same time the reveal of crimes has achieved 73 percent, partly from increase of the revealed drug crimes. It is the highest parameter for last 1O years for us.

If we analyse the structure of criminality more than half from them are thefts, and robberies. About 15 per cent make drug crimes. The main part of crimes are made with the purpose of extraction of pecuniary benefits, it is provoked by unemployment, deterioration of the standards of living of the people, stratification of the society on rich and poor.

There are still rather high levels of grave crimes. There is every second crime. It is fact, that in 1992 we had not registered of any event of gangsterism, and for the last 3 years were revealed 250 events.

At the same time, talking on the statistic, I should tell that they reflect a complete picture of the position of criminality in the country. It is connected to two reasons:

Firstly, there are facts of shelter of crimes from the account by the consequence and the inquiry. Only from a beginning of this year by the public prosecutors is revealed 2.5 thousand such cases.

Secondly the expansion of the list of crimes, on which criminal prosecution is carried out in the private or the private-public order. That is the excitation of criminal case is carried out only under the complaint of the victim. Having told the general statistics of criminality, I would like to continue on problems of the struggle with it.

Certainly, each progressive country aspires to creation of such economic and social conditions, which would promote the maximal reduction of criminality. First of all it is a task of the bodies of legislative and the executive authority.

The duty of law-enforcement bodies is ensure inevitability of punishment for all crime, guilty of fulfilment. The estimation of efficiency of their work depends also on this task.

However, today there are a number of the objective factors, which do not give an opportunity Kazakhstan law-enforcement bodies to realise this task completely.

First of all it is absence of the arrangements in the questions of rendering of the legal help and distribution of criminals with the many countries of the World. Nowadays we have such agreements only with the countries of a CIS and China. It is true, they do not always work rather operatively, as all questions are decided only through central departments, and it demands a lot of time.

Today this problem especially has an effect on struggle with the organised international formations, which are supervise a large part of the market of drugs, stolen cars, weapons, such penetrate into priority economic branches, as the bank system, and the oil-energy system.

The law-enforcement bodies to struggle with the criminality in partly from each other, it does not give good results. It is time already to go to the real steps of the common counteraction of this criminality and creation necessary legal background for it. I think it is expedient to create interstate investigation operative groups from the workers of law-enforcement bodies for revealing and investigation such kind of the crimes. The example of this can be the same group from the workers of the public prosecutions from Kazakhstan and Uzbekistan successfully investigating activity an crime community, who had stolen three tens motor vehicles in the territory of both countries.

There are not less important problem for Kazakhstan are become drug crimes. The number of these crimes from 3 per cent in 1992 has grown up to 15 per cent in 1999. This is promoted on the one hand, our geographical situation that used in like a corridor on a way from Asia into Europe. For example, if one kg opium costs 50 US dollars in the city Faizabad of Afghanistan, in Osh City of Kyrghyzstan is 1000 US dollars, in Almaty up to 5000 US dollars, in Moscow is already 10 000 US dollars.

It is explain that recently illicit transportation of drugs the citizens of other states sharply has increased. Especially adverse situation has developed on Kasak borders with the states of the UIS. Only in July of this year in the North part of Kazakhstan on customs posts on border with Russia 7 citizens of Tadzhikistan were detained, they tried take across capsules with heroin, which placed in their stomachs.

On the other hand, the south of Kazakhstan has become the favourable climatic zone for plant a wild hemp. It is well known Shuyskay valley requiring the annual capital investments for destruction wild hemp on its ground. Only from its potential crop can be made 145 thousands tons marijuana or 5 thousands tons hashish.

Today nobody doubts that Kazakhstan can not independently resist drug business on all area, can not provide a barrier for transit of drugs, especially from Afghanistan and Tadzhikistan. The activity of our law-inforcement bodies would be much more facilitated with presence the import express train - laboratory, which help the analysis of the withdrawn substances on drugs will be carried out during several minutes.

We have the serious needs in supply of the check-posts by the equipment for prevention of transportation of narcotic means through the border customs services.

Therefore it is necessary for us to consolidate with other interested countries and the international institutes for development and realisation of the international program of struggle with the drug crimes, with the real sources of financing.

The difficulties in the struggle with criminality the law-enforcement bodies have tested on the transition period of economy to the market relations and separating State's properties, which have entailed unknown kind crime activity as "reket" false enterprise false bankruptcy and the assassinations. The numbers of a stop payment between the subjects of the market, the number of criminal scandals are increase and have got a problem.

In this transitive period in Kazakhstan the organised criminality could make the force. Only in the one industrial East Kazakhstan area about 10 important businessmen were assassinated.

Our law-enforcement bodies were not ready to resist against of new criminality, first of all, from for inability to reveal and to investigate this kind of crimes. The reasons for this were outdate of the legal base from the really developing economic relations, and connection of the organised criminality with the corruption officials of the state.

According to our experts of loss from corruption offences make from I O up to 30 per cent of the annual total national income. Corruption has an especially negative effect for the sphere of international economic co-operation.

Kazakhstan is the young State having a huge raw resources and still low opportunities of their processing, we are interested in attraction of the foreign investments in the Kazakhstan economy. Today in Kazakhstan there are working hundreds foreign companies from the developed countries of the World. We are at war with corruption and offences for arising a rating of our State in the World, we would like to make the best conditions for economic and social development of our country.

As I have already told that Kazakhstan was one of the first countries of the former USSR that has put the anti corruption laws in force. On this question is entered into action the special State program put in the force on this question. The State President's commission on the struggle with corruption is created.

Certainly, I have not an opportunity to tell you about everything that is done in our country on the struggle with criminality in such short time.

I shall add only one things, that the Kazakhstan aspires to be a secular, democratic, lawful state, where is great values is the person, their life, their rights and freedom.

Thank you very much for your attention.