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The Law

of the Republic of Kazakhstan

dated January 13, 1993

On the State Border of the Republic of Kazakhstan

In accordance with the Constitution of the Republic of Kazakhstan the territory of the Republic of Kazakhstan is integral, inviolable and inalienable in the existing borders.

Present law establishes and secures the legal grounds of the state border guarding of the Republic of Kazakhstan.

(as amended 15.07.1996)

I. General Provisions

Article 1. State border of the Republic of Kazakhstan

State border of the Republic of Kazakhstan is the line and the vertical surface passing along it, determining the limits of the territory – land, waters, subsoil and airspace of Kazakhstan.

The state border is defined by the international treaties of the Republic of Kazakhstan, ratified by the Parliament of the Republic of Kazakhstan.

(as amended 15.07.1996)

Article 2. Border policy of the Republic of Kazakhstan

Republic of Kazakhstan proceeding from the international principles of territorial integrity and inviolability of state borders:

considers the state border as the line, determining the legally secured spatial limit of the territory (land, waters, subsoil and airspace), on which the Republic of Kazakhstan exercises its sovereign rights.

on the assumption of the declared continuity of the law in respect of the former USSR acknowledges its state border, established by the international treaties, currently in force for the day of coming into effect of the present law, including the acts of administrative-territorial delimitation of the Republic of Kazakhstan and other states who are former Republics of the USSR;

upon the demarcation and changes of the State border of the Republic of Kazakhstan, establishment and maintenance of legal relationships of the Republic of Kazakhstan with  neighboring states on the border, regulation of legal relations in the border zones (areas of water) of Kazakhstan and on international communication roads on the territory of Kazakhstan follows the aims to guarantee of the security of the Republic of Kazakhstan and international security, interests of mutually beneficial multilateral cooperation with neighboring states, principles of  peaceful, nonviolent settlement of  border issues;

coordinates the establishment of the state border regime and activities on its guarding with the member states of the Commonwealth of Independent States.

Article 3. Legislation of the Republic of Kazakhstan on the state border of the Republic of Kazakhstan

Legislation of the Republic of Kazakhstan on the state border is based on the Constitution of the Republic of Kazakhstan.  It determines the order of demarcation and changes of the state border and its indication, the order of establishment and maintenance of the state border regime of the Republic of Kazakhstan, border regime and the regime at the border check points, regulates relations in the sphere of the state border guarding of the Republic of Kazakhstan. It consists of the present law and other legislative and normative acts of the Republic of Kazakhstan on the issues of the state border of the Republic of Kazakhstan promulgated in accordance with the present law.

Legislation on the state border of the Republic of Kazakhstan is drawn up on the basis of international treaties, agreements and other acts, in which the Republic of Kazakhstan is the party. In case of contradictions of the provisions of legislation of the Republic of Kazakhstan and international treaties concluded by the Republic of Kazakhstan, the international treaties have an effect.

Article 4. State border guarding of the of the Republic of Kazakhstan

State border guarding of the Republic of Kazakhstan is inalienable, constituent part of  national security maintenance system and lies in realization of political, military, legal, organizational, economic, ecological, technical, operational and other measures on:

prevention of unlawful, violent change of the established state border of the Republic of Kazakhstan, illegal use of the land (land reclamation) by neighboring states or by the citizens of aforementioned states, living in the zones, close to the territory of the Republic of Kazakhstan

ensuring observance by legal entities and individuals, stipulated by the international treaties and legislation of the Republic of Kazakhstan legal relationships on the state border of the Republic of Kazakhstan, struggle against crime and administrative misdemeanors, infringing upon the above mentioned legal relations;

protection of the interests of individual, society and the state from internal and external infringements on the state border;

State border guarding of the Republic of Kazakhstan on land, sea, rivers and other reservoirs lays on border guards and in airspace on air-raid guards.

Other ministries and departments take part in the state border guarding in the framework of their rights, determined by the legislation of the Republic of Kazakhstan.

II. Demarcation, change and indication of the state border of the Republic of Kazakhstan

Article 5. Demarcation and change of the state border of the Republic of Kazakhstan

State border the Republic of Kazakhstan, if other terms are not stipulated by the international treaties the Republic of Kazakhstan, is demarcated:

on the land – along distinguished points and lines of relief or distinctly visible objects;

on the sea – along the external boundary of the territorial sea of the Republic of Kazakhstan;

on the rivers (streams) – along the center or along the center of the main arm of the river;

on reservoirs – along the straight line, joining outlets of the state border the Republic of Kazakhstan to the banks of reservoir;

State border the Republic of Kazakhstan is demarcated along the river (stream), or reservoir, does not shift both as on the change of the outline of their banks or the water level, and on deviation of the river-bed (stream) in any direction;

on the hydro-scheme reservoirs or other artificial reservoirs – in accordance with the state border the Republic of Kazakhstan, demarcated in the region before their fill up;

on the railroad or highway bridges, dams or other constructions, passing through the rivers (streams) border sections of along the center of these constructions or along the technological axle regardless of demarcated state border on the water.

Territorial sea waters, which width is determined by the international treaties the Republic of Kazakhstan, ratified by the Parliament of the Republic of Kazakhstan belong to the territorial sea of the Republic of Kazakhstan.

Internal waters of the Republic of Kazakhstan are considered to be:

waters of the ports the Republic of Kazakhstan, limited by the line, passing through outmost towards the sea points of hydraulic and other structures of the port;

waters of the rivers and other reservoirs, which banks belong to the Republic of Kazakhstan.

on the Caspian sea – area of water, belonging to the internal waters is determined by  international treaties of the Republic of Kazakhstan, ratified by the Parliament of the Republic of Kazakhstan.

Documents on demarcation specifications of the state border of the Republic of Kazakhstan on the land (water surface) executed in the order of border re-demarcation based on the international treaties of the Republic of Kazakhstan, are subject to ratification by the Parliament of the Republic of Kazakhstan.

(as amended 15.07.1996)

Article 6. Indication of the state border of the Republic of Kazakhstan

State border of the Republic of Kazakhstan on the land is demarcated by the distinctly visible border signs.

Border signs shapes and dimensions, their description and the order of their installation are determined by the Government of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.

III. State border regime of the Republic of Kazakhstan

Article 7. Definition of the state border regime of the Republic of Kazakhstan

State border regime of the Republic of Kazakhstan is established with the aim of regulation of all questions, relating to the relations of the Republic of Kazakhstan and neighboring countries at the border. It regulates the crossing order of the state border of the Republic of Kazakhstan, navigation and stay of Kazakhstani and foreign nonmilitary vessels and military ships on the Kazakhstani part of waters of border rivers and other reservoirs, their call and stay in the internal waters of the Republic of Kazakhstan, maintenance of the state border of the Republic of Kazakhstan, execution of various jobs, trade and other activities on the state border of the Republic of Kazakhstan. State border regime is defined by the present law, acts of the President and Government of the Republic of Kazakhstan and international treaties.

Article 8.  Maintenance of the state border of the Republic of Kazakhstan

Maintenance of the state border of the Republic of Kazakhstan is executed in accordance with the state border demarcation acts and other documents, determining its demarcation in the region.

Maintenance procedure of the state border of the Republic of Kazakhstan, which is not stipulated by the international treaties of the Republic of Kazakhstan is defined by the Border Guards.

Article 9. State border crossing of the Republic of Kazakhstan

Railway, motor, sea, river, air and other communication through the state border of the Republic of Kazakhstan is realized at the points of admission, determined by the Government in accordance with legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan. At the admission points of the state border of the Republic of Kazakhstan Border Guards check points, Customs points and other establishments, executing the control over the state border are created.

Nonmilitary vessels and military ships cross the state border of the Republic of Kazakhstan in accordance with the present law, acts of the President and Government of the Republic of Kazakhstan, as well as the rules established by the Republican competent bodies and published in accordance with the established procedure.

Aircraft cross the state border of the Republic of Kazakhstan at the specially provided air flight corridors in accordance with the present law, acts of the President and Government of the Republic of Kazakhstan as well as the rules established by the republican competent bodies and published in accordance with the established procedure. Flight through the state border of the Republic of Kazakhstan outside the air corridors is allowed only with authorization of the competent state bodies.

Article 10. Take-off (exit), landing (call) of nonmilitary (navy) aircraft vessels

Take-off of Kazakhstani and foreign aircraft vessels from the Republic of Kazakhstan, as well as landing in the Republic of Kazakhstan are executed at the airports (airdromes), open for the international flights, where border guards check points and customs services are located.  Other procedure for the aircraft take-off and landing is only allowed with authorization of the competent state bodies.

Foreign nonmilitary vessels may land on roadstead and call at the ports of the Republic of Kazakhstan, open for the landing (call) of such vessels. The list of raids and ports open for landing (call) of foreign nonmilitary vessels, procedure of landing (call) and stay at the aforementioned roadsteads and ports – execution of cargo and passenger activities, communication of vessels from the shores, going ashore of the vessel crew, and other rules relating to the entrance of foreign nonmilitary vessels into the territorial waters and ports of the Republic of Kazakhstan, to the Kazakhstani side of the waters and reservoirs and stay at the above waters are stipulated by the legislation of the Republic of Kazakhstan and the rules, issued by the competent bodies and published in the in accordance with the established procedure.

Foreign nonmilitary vessels and military ships are obliged to follow the rules of radio communication, navigation, port, customs, ecological, sanitary and other rules during navigation and stay in the territorial sea of the Republic of Kazakhstan.  Foreign nonmilitary vessels in case of forced entry to the territorial sea, internal waters of the Republic of Kazakhstan or in case of the forced failure to comply with rules of navigation and stay on the above mentioned waters are obliged to inform immediately the administration of the nearest port of the Republic of Kazakhstan.

Any trade, research or exploration activities of foreign aircraft, nonmilitary vessels, military ships in the territorial sea and internal waters of the Republic of Kazakhstan is prohibited, except for the cases, when such activity is executed according to authorization of the competent bodies of the Republic of Kazakhstan or on the grounds of the international treaties of the Republic of Kazakhstan.

In the territorial sea and internal waters of the Republic of Kazakhstan upon the decision of the competent bodies of the Republic of Kazakhstan the zones, temporarily prohibiting navigation and stay of Kazakhstani and foreign nonmilitary vessels and military ships may determined.

Determination of such zones is declared in accordance with the established procedure.

Prohibited:

call of foreign vessels and Kazakhstani vessels intended for foreign navigation to the ports of the Republic of Kazakhstan, landing of foreign and Kazakhstani aircraft at the airports (aerodromes) of Kazakhstan, lacking border check points.

exit (take off) from the ports (airports, aerodromes) closed by the Government of the Republic of Kazakhstan for international communication, Kazakhstani sea, river vessels and aircraft bounded for foreign navigation; stopping transportation carriers, letting the passengers off, unshipping the goods and animals outside the points of admission;

floating objects launching, airlifting the aircraft from the transportation couriers and their receipt to the transportation carriers, their location in underwater position,  their approach to the Kazakhstani shores, engagement in sea (river) trade while bounding from the border to the check points via border and back;

execution of other activities, prohibited by the legislation of the Republic of Kazakhstan and the acts of international law.

Exception from these rules are the cases of forced border crossing during the disasters, catastrophes and accidents, navigation of the ships and vessels in the iced zones, as well as while rendering the assistance to the people, vessels and aircraft, being in danger or undergoing the disaster.

(as amended 15.07.1996)

Article 11. Control at the state border crossing of the Republic of Kazakhstan

Persons, transportation carriers, cargo and other property, crossing the state border of the Republic of Kazakhstan, are subject to border control and customs supervision.

Procedures of sanitary-quarantine, veterinary, photo-sanitary and other types of check are defined by the Government of the Republic of Kazakhstan.

Article 12. Admission of persons, transportation carriers, cargo and other property through the state border of the Republic of Kazakhstan

Admission of persons, through the state border of the Republic of Kazakhstan is executed by the border guards according to the valid documents on the right of entry to the Republic of Kazakhstan or exit from the Republic of Kazakhstan.

Admission of transportation carriers, cargo or other property through the state border of the Republic of Kazakhstan is executed in accordance with the legislation of the Republic of Kazakhstan and international treaties. 

In accordance with international treaties of the Republic of Kazakhstan simplified procedure of admission through the state border of the Republic of Kazakhstan of persons, transportation carriers, cargo and other property could be established.

Article 13. Procedures of realization of economic activity at the state border of the Republic of Kazakhstan

Economic, trade and other activity, including joint activity of the citizens of Kazakhstan and foreign citizens on the state border of the Republic of Kazakhstan is realized in accordance with the state legislation and international treaties and carried out in such a way to ensure appropriate order at the state border of the Republic of Kazakhstan.

Procedures of realization of all types of economic activity on the state border of the Republic of Kazakhstan are established by the Government of the Republic of Kazakhstan upon consultation with border guards.

Article 14. Transgressors of the state border regime of the Republic of Kazakhstan

As a transgressors of the state border regime of the Republic of Kazakhstan are recognized:

persons, having violated the procedures of the state border maintenance of the Republic of Kazakhstan, execution of various jobs, trade and other activity on the state border of the Republic of Kazakhstan;

persons, having violated the order of the state border crossing of the Republic of Kazakhstan at the execution of various jobs, trade and other activity on the border, making contacts through the state border of the Republic of Kazakhstan not in accordance with the established order;

Kazakhstani and foreign nonmilitary vessels and military ships, having violated the order of navigation and stay in the territorial sea and internal waters and on Kazakhstani side of waters of border rivers and other reservoirs, executing different jobs, trade and other activity on the state border of the Republic of Kazakhstan;

foreign nonmilitary vessels and military ships, having violated the order of navigation and stay in the territorial waters and ports of the Republic of Kazakhstan;

airplanes and other aircraft of the Republic of Kazakhstan and neighboring countries, having violated the rules and flight procedures, while making air photography or other activity on the state border of the Republic of Kazakhstan.

Article 15. Trespassers of the state border of the Republic of Kazakhstan

As a trespasser of the state border of the Republic of Kazakhstan are recognized:

persons, having crossed or attempting to cross the state border of the Republic of Kazakhstan by all means outside the state border check points of the Republic of Kazakhstan or in the state border check points, but with violation of the established rules of its crossing;

persons, having gotten in to the foreign or Kazakhstani carriers bounded for abroad with the aim of illegal exit from the Republic of Kazakhstan;

foreign nonmilitary vessels and military ships, entering the territorial sea or territorial waters of the Republic of Kazakhstan, as well as Kazakhstani side of waters of border rivers or other reservoirs violating the established rules of entry to the above waters.  Foreign submarines and other underwater transportation carriers are considered to be the trespassers of the state border of the Republic of Kazakhstan in the cases, when they cross the state border of the Republic of Kazakhstan in underwater position or remain in the above position while navigating and staying in the waters of the Republic of Kazakhstan.

air planes and other aircraft, having crossed the state border of the Republic of Kazakhstan without appropriate authorization or having violated other rules of flight over the state border of the Republic of Kazakhstan.

Crossing the border by any technical and other means without appropriate authorization and in violation of the established procedures.

Article 16. Border service representatives of the Republic of Kazakhstan

In order to solve the issues, relating to the maintenance of the state border regime, as well as the regulation of the border incidents in definite sections of the state border of the Republic of Kazakhstan from among the border guards officers border service representatives of the Republic of Kazakhstan are appointed in the established order.

Border service representatives of the Republic of Kazakhstan are guided by the legislation of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan.

Issues unsettled by the representative of border service are regulated through diplomatic channels.

IV. Border regime

Article 17. Border zone and border line

For the purpose of ensuring the appropriate order on the state border of the Republic of Kazakhstan border zone and borderline are established by the Government of the Republic of Kazakhstan.

Article 18. Border regime

The Government of the Republic of Kazakhstan establishes border regime in the border zone and borderline, regulating procedures of entry, temporary stay, residence, citizens’ movement, execution of jobs, keeping of records and maintenance of self-propelled and non-self-propelled vessels and vehicles designated for the navigation on ice, their navigation and movement in the territorial waters (territorial sea) and in the internal waters of the Republic of Kazakhstan.

The order of the records keeping of self-propelled and non-self-propelled vessels and vehicles, designated for the navigation on ice in the docks, berths and in the points of base, their navigation and movement in the territorial waters (territorial sea) and in the internal waters of the Republic of Kazakhstan, waters of border rivers or other reservoirs of Kazakhstani side stipulated by the part one of the present article also applies to the territory of appropriate administrative territorial unit, adjacent to the state border of the Republic of Kazakhstan or to the sea coast guarded by the border guards, where the border zone is not defined.

(as amended 15.07.1996)

Article 19. Entry to the border zone and border line

Persons, who are not permanently residing in the border zone, are prohibited to enter its territory, without authorization of the bodies of internal affairs, unless other procedures are established. 

Entry (passage) to the border zone, islands, situated at the Kazakhstani side of waters of border rivers and other reservoirs for the residents of border regions waters of the Republic of Kazakhstan is realized according to certificates of identity.

Residents of the Republic of Kazakhstan and of other independent states of the Commonwealth, going away on business trips, clinics, resting places, tourist bases, enter the border zone according to business warrants and passes in the presence of documents, certifying the identity. Also as the documents giving the right of entry may be considered official orders, passage certificates, vacation tickets of military personnel; deputies of the Parliament and Maslikhats, under who’s jurisdiction is the given territory, may enter according to the identification card of the deputy of Parliament and Maslikhat or employment card. Border guards of the Republic of Kazakhstan issue the authorization on entry, temporary stay, residence and execution of the activity in the border line.

Residence of the other states enter the border zone according to passes issued by the bodies of internal affairs of the Republic of Kazakhstan, if otherwise it is provided by the international treaties and agreements.

(as amended 15.07.1996)

Article 20. Execution of economic, trading and other activity, social and political, cultural and other actions in immediate proximity to the State border of the Republic of Kazakhstan

Taking into consideration the interests of the state border guarding of the Republic of Kazakhstan border guards determine the places, time, the number of participants, as well as the informative procedure of conduction near the state border on the land, border rivers and other reservoirs:

trading and other activities, relating to land, forests tenure, mining, geological examination;

works on erection and exploitation of hydro-constructions and other types of water consumption;

hunting, fishing and other types of trading activity;

social and political, cultural and other popular actions outside the settlements.

Article 21. Quarantine line

For the purpose of barring transfer of infectious diseases through the state border upon the introduction of the bodies of veterinary inspection border guards of the Republic of Kazakhstan depending on epidemic and epizootic situation may prohibit the keeping and pasture of the cattle, belonging to the enterprises, organizations and citizens, in the stripe of the land (quarantine line) along the state border.  Keeping and pasture of the cattle (domestic animals) of the citizens, residing (working) directly at the state border, as well as the subdivisions of the border guards, dislocated at the border line.

Quarantine line is determined by the Government of the Republic of Kazakhstan.  Its barrier is provided by the bodies of executive power, agricultural economies and the departments.  Ministry of agriculture of the Republic of Kazakhstan determines veterinary regime of the quarantine line, and according to the instructions of the ministry by the bodies of veterinary inspection of the border zones.

V. Border check points regime of the Republic of Kazakhstan

Article 22. Border check points regime of the Republic of Kazakhstan

In the interests of creation and support of the conditions of the official activity of the border guards border check points and customs services in the points of admission through the state border, Government of the Republic of Kazakhstan establishes the regime, regulating procedures of stay and movement of the persons and transportation carriers in the aforementioned points, as well as other activity, relating to the admission of persons, transportation carriers, cargo and other property through the state border.

Government of the Republic of Kazakhstan takes measures on provision of the conditions of the border control and customs services activity.

Border guards establish additional procedural regulations with the aim of exclusion of admittance of unauthorized persons, illegal crossing of the state border of the Republic of Kazakhstan.

VI. Competence of the President, state bodies of the Republic of Kazakhstan in the sphere of regulation and guarding of of the state border of the Republic of Kazakhstan

(as amended 15.07.1996)

Article 23. Competence of the President, state bodies of the Republic of Kazakhstan in the sphere of regulation and guarding of of the state border of the Republic of Kazakhstan

President of the Republic of Kazakhstan

President of the Republic of Kazakhstan ensures coordinated functioning of all branches of the state power in the sphere of state border guarding, conducts negotiations and signs international treaties on the state border.

Parliament of the Republic of Kazakhstan

Parliament of the Republic of Kazakhstan adopts laws in the sphere of state border guarding as an integral part of the state security and denounces international treaties on territorial delimitation of the Republic of Kazakhstan with other states, including treaties on the state border passage of the Republic of Kazakhstan, as well as delimitation of the exceptional economic zone and the continental shelf of the Republic of Kazakhstan.

Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

elaborates and realizes measures on provision of the state security of the Republic of Kazakhstan;

exercises control on the execution of the present law by the ministries, state committees and other central and local executive bodies.

Local representative and executive bodies

Border zones local representative and executive bodies on their territory:

render assistance to border guards in provision of guarding and regime of the state border;

render the land for the gratuitous tenure for the needs of the state border guarding of the Republic of Kazakhstan, execute control over its utilization and observance of environmental regulations of the Republic of Kazakhstan on the aforementioned land;

take measures on prevention of unlawful acts in respect of objects of border and air-raid guards, military service personnel, workers and employees, members of their families, and places of residence;

create conditions and assist in attraction of citizens on the state border guarding of the Republic of Kazakhstan on a voluntary basis;

ensure execution of the legislation on the state border of the Republic of Kazakhstan by all juridical entities and individuals;

Akims of the border zones (regions) take part in the activity of the staff of the representatives of border services in solution of economic questions, including the joint activity with the neighboring side on the state border.

(as amended 15.07.1996)

Article 24. Competence of the state bodies of the Republic of Kazakhstan in the sphere of state border guarding of the Republic of Kazakhstan

(as amended 15.07.1996)

State committee of the Republic of Kazakhstan on the state border guarding:

In the sphere of state border guarding the State committee of the Republic of Kazakhstan on the state border guarding:

realizes the state policy of the Republic of Kazakhstan on the state border;

organizes and controls execution of the legislation and international legal acts in the sphere of the state border guarding, agreements, status and the state border guards functioning conditions by the border guards;

participate in the activity of international organizations on the issues, relating to the state border guarding, in realization of the complex of measures on its international legal registration, in international negotiations  on border issues cooperates with border services of the foreign countries;

in the interests of state border guarding organizes interaction with the Committee of National Security, Ministry of internal affairs, state investigation committee, Ministry of defense, and Customs committee of the Republic of Kazakhstan, as well as the appropriate border authorities of the member states of the Commonwealth of Independent States;

exercises  other powers, defined by the legislation.

Committee of national security of the Republic of Kazakhstan

Committee of national security of the Republic of Kazakhstan and its structural bodies in the sphere of the state border guarding within the limits of their authority:

ensure the protection of interests of individual, society on the  state border of the Republic of Kazakhstan in the general security guaranteeing system of the states;

conduct analysis and prognosis of political, socio-economic and situation on crime on the channels of international communication, situations of emergency in the neighboring states, which might affect the security on its state borders;

hold an investigation on criminal cases on violation of the state border of the Republic of Kazakhstan, participate in clarification of circumstances of infringements and examination of persons, arrested at the state border according to administrative procedure.

Ministry of foreign affairs of the Republic of Kazakhstan

Officially registers documents, granting the right to citizens of the Republic of Kazakhstan, foreign citizens and stateless persons to cross the state border of the Republic of Kazakhstan;

informs the border guards authority of the Republic of Kazakhstan on changes in the border policy in respect of neighboring countries and changes of neighboring countries’ border policy concerning the Republic of Kazakhstan;

settles according to diplomatic procedures incidents on the state border the Republic of Kazakhstan, unsettled by the representatives of border services the Republic of Kazakhstan.

Ministry of internal affairs of the Republic of Kazakhstan

Ministry of internal affairs the Republic of Kazakhstan and its structural bodies within the framework of their competence:

Officially registers documents, granting the right to citizens of the Republic of Kazakhstan, foreign citizens and stateless persons to cross the state border of the Republic of Kazakhstan and permits for foreigners, granting the right to foreign citizens to enter the border line; conducts the control over the observance of the border regime rules together with the border guards;

informs border guards on the state of law and order in the border zones of the Republic of Kazakhstan, on revealed unlawful acts, criminal groups and persons, having unlawful intentions in respect of the state border of the Republic of Kazakhstan and the border guards;

render assistance to border guards in execution of actions on state border guarding of the Republic of Kazakhstan, struggle against the illegal activity on its trespassing, search of persons, having trespassed the state border and violated its regime, clarification and check of the circumstances of the state border violations, having committed by the citizens;

by their own forces temporary restrict or prohibit the admittance of citizens to the separate areas of the region or the objects closely situated to the state border of the Republic of Kazakhstan during disasters, search of the border trespassers, repulsion of military invasion upon the introduction of border guards, large scale passage of the citizens of the neighboring countries to the territory of the Republic of Kazakhstan;

ensure public order during the execution of  social and political actions on the border on the state or international level;

participate in the population legal training of the border zones of the Republic of Kazakhstan, together with border guards conduct measures preventing transgressions on the state border of the Republic of Kazakhstan and on the border check points;

participate in ensuring border guards’ security;

Ministry of defense of the Republic of Kazakhstan

Takes responsibility for the aerospace border guarding of the Republic of Kazakhstan, executes the control over the anti-aircraft forces;

Ensures participation of the armed forces of the Republic of Kazakhstan in guarding of the land and sea borders of the Republic of Kazakhstan according to procedure, determined by the legislation of the Republic of Kazakhstan.

Renders assistance to border guards in securing the state border guarding on the basis of the Republic of Kazakhstan and inter-departmental agreements.

Customs services of the Republic of Kazakhstan

Customs services of the Republic of Kazakhstan realize control in relation of the following persons bounded through the state border, transportation carriers, cargo and other property in accordance with acting normative acts of the Republic of Kazakhstan and legislation on foreign trade, other laws and regulations with the aim of economic interests protection of the Republic of Kazakhstan and protection of the state and foreign trade monopolies.

Other ministries and departments of the Republic of Kazakhstan

Other ministries and departments of the Republic of Kazakhstan exercise powers in the sphere of the state border guarding, stipulated by the Constitution of the Republic of Kazakhstan, present Law, other legal acts of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan.  Render assistance to the border guards in securing guarding and the regime of the state border.

(as amended 15.07.1996)

Article 25. Primary rights of anti-aircraft guards of the Republic of Kazakhstan

Anti-aircraft guards are entitled to:

use all means for identification for airplanes and other aircraft in the airspace of the Republic of Kazakhstan and in the airspace outside of the Republic of Kazakhstan when the threat of illegal crossing or illegal crossing of the state border arises;

in necessary cases attract in accordance with established procedure forces an resources of other kinds of armed forces and state departments for clarification of the situation in the airspace and taking measures on prevention and cessation of illegal crossing of the state border;

completely ban and restrict the flights of airplanes and other aircraft in the separate areas of airspace of Kazakhstan when the threat arises from illegal crossing of the state border;

take measures in landing of the airplanes and other aircraft on the territory of the Republic of Kazakhstan, having illegally crossed the state border and violated the procedures of using the airspace of Kazakhstan;

to invite crew members of the airplanes and other aircraft, having illegally crossed the state border, to the sub-units of military forces or other places to clarify the circumstances of illegal border crossing and their handing over to the investigating agencies, if other procedures are not provided by the international treaties;

suppression of the flights of the state border trespassers;

Article 26. Responsibilities of enterprises, establishments, non-governmental organizations in the sphere of state border guarding of the Republic of Kazakhstan

Enterprises, establishments, organizations, non-governmental organizations and their official are obliged to:

to render assistance to border guards, anti-aircraft forces, customs services, other bodies authorized by the law in the state border guarding of the Republic of Kazakhstan, execute their legitimate orders, present information necessary for their activity;

create conditions, assist in attraction of their employees, members of non-governmental organizations to the state border guarding on a voluntary basis.  Participation procedure of enterprises, establishments and organizations in the state border guarding is determined by the Government of the Republic of Kazakhstan, as well as by forces and bodies, executing the state border guarding, within their competence.

Article 27. Citizens obligations and rights in the sphere of state border guarding of the Republic of Kazakhstan

Citizens of the Republic of Kazakhstan, as well as foreign citizens and stateless persons staying on its territory must observe the established regime of the state border guarding of the Republic of Kazakhstan and the regime of border zone and border line, fulfil the requirements of border guards and other bodies, executing the control over the maintenance of aforementioned regimes.

Citizens of the Republic of Kazakhstan on a voluntary basis may participate in the state border guarding of the Republic of Kazakhstan, forming a part of voluntary teams of border guarding, as well as in the capacity of border guards nonpermanent staff or in the other form.  The Government of the Republic of Kazakhstan determines procedure of citizens’ attraction in the state border guarding of the Republic of Kazakhstan.

Citizens of the Republic of Kazakhstan, participating in the state border guarding according to the established order, are entitled to the legal assistance of the government.

Norms, limiting the citizens’ rights and freedoms in the border zone and line and in the border checkpoints, are subject to mandatory publication.

Article 28.  Cooperation of border guards, customs services and other bodies of the Republic of Kazakhstan with the corresponding bodies of foreign countries in the state border guarding of the Republic of Kazakhstan

Border guards, customs services and other bodies, executing control in the sphere of state border of the Republic of Kazakhstan, organize and fulfil cooperation with the corresponding bodies of foreign countries according to procedure, determined by the agreements with aforementioned countries, concluded on the level of central departments and created according to international treaties of the Republic of Kazakhstan.

VII. Legal assistance to military personnel and other citizens, participating in the state border guarding of the Republic of Kazakhstan

Article 29. Legal assistance to military personnel participating in the state border guarding of the Republic of Kazakhstan

Border guards, anti-aircraft forces, other military units personnel, while fulfilling the duties entrusted to them on the state border guarding of the Republic of Kazakhstan serve as representatives of the state power.  Their orders are obligatory for the execution by citizens and officials.

Disobedience to the orders of military man, his insult, resistance and threatening, assault or encroachment on his life, health, property, as well as other activities, hindering the execution of duties entrusted to military men, result in the bringing into the responsibility.

Legislation of the Republic of Kazakhstan establishes legal protection of life, health, honor, dignity and property of family members of military personnel from criminal infringements, committed in relation with execution of the official duty.  

Article 30. Legal assistance to citizens, participating in the state border guarding of the Republic of Kazakhstan

Unlawful activities in respect of citizens and members of their families in connection with assistance rendered by citizens to border guards in the sphere of state border guarding shall be liable for responsibility, established by the legislation of the Republic of Kazakhstan.

VII. Use of arms, military and special equipment in the state border guarding of the Republic of Kazakhstan

Article 31. Use of arms and military equipment

Border guards and anti-aircraft forces, while executing the state border guarding of the Republic of Kazakhstan, use arms and military equipment:

for repulsion of armed attack and military invasion to the territory of the Republic of Kazakhstan, suppression of military provocation to the territory of the Republic of Kazakhstan on the state border;

for repulsion of armed attack on border guards, anti-aircraft forces sub-units,

against persons, sea (river) crafts, aircraft, having illegally crossed the state border

of the Republic of Kazakhstan and putting up military resistance;

for aircraft, sea (river) craft hi-jacking prevention;

for the repulsion of the attack on military personnel, other persons, executing duty of service or civil duty on the state border guarding, when the immediate threat to their life exists;

for citizens protection from the attack, threatening their life and health, as well as release of hostages.

For the repulsion of armed attack, during the surprise attack, while putting up the military resistance, attack with the use of military equipment, during the escape of detained persons with the seized arms.

In other cases, mentioned in the part one of the present article, notification of the intention of the arms use and preventive shots must precede the arms use.

In necessary cases arms and military equipment of the other units of military forces of the Republic of Kazakhstan may be used.

Border guards’ military personnel while being on service on the state border also have a right to use arms for alert signal injection or while calling for help.

Article 32. Use of special equipment

While executing responsibilities on the state border guarding military personnel has a right to use handcuffs, rubber sticks, tear and other substances competent for usage (gases), light-sound equipment with diverting effect, equipment aimed for the forced stoppage of transport, as well as to use the techniques of marshal arts and trained dogs.

Application and use of special equipment is realized according to the established procedure.

IX. Responsibility for violation of the laws of the Republic of Kazakhstan on the state border of the Republic of Kazakhstan

Article 33. Responsibility for violation of the laws of the Republic of Kazakhstan on the state border

Persons, violated or attempted to violate the state border, its regime, border regime or the regime in the border check points of the Republic of Kazakhstan, guilty of illegal movements or attempts of illegal movement through the state border of cargo, goods and other property, as well as other violations of laws on the state border of the Republic of Kazakhstan, take criminal, administrative liability, as well as liability on border guards suits or other liability according to the legislation of the Republic of Kazakhstan.

Border guards and anti-aircraft forces military personnel, as well as the military personnel of other military units, having violated the rules of border service execution, take disciplinary, criminal or other liability in accordance with legislation of the Republic of Kazakhstan.

Citizen has a right to receive explanation concerning limitation of their rights and freedoms from border guards and anti-aircraft forces military personnel.  In case of violation of citizen’s lawful rights and interests respective official must restore the aforementioned rights, compensate material damage, upon the request of the citizen publicly present apologies to him, bring into account the guilty persons.  Actions of officials and other persons, executing functions on the state border guarding of the Republic of Kazakhstan, may be appealed by the citizens according to the procedures established by the law.

(as amended 15.07.1996)

X. Maintenance of the state border guarding resources of the Republic of Kazakhstan

Article 34. Financial, material and technical maintenance of the state border

Financial, material and technical maintenance of the state border guarding is realized at the expense of the state budget, voluntary contributions of establishments, organizations and enterprises irrespectively of the types of property, available land of the Republic of Kazakhstan. The extent and procedures of allocation and use of the aforementioned funds, as well as the procedures of granting the land are determined by the Government of the Republic of Kazakhstan.

(as amended 22.12.1998)

Article 35. Provision of the state border guarding with manpower

Provision of the state border guarding with manpower is realized by the Government of the Republic of Kazakhstan from draftees contingents in accordance with legislation of the Republic of Kazakhstan on universal compulsory military service and on a contract basis.

Recruitment and service execution by border guards military personnel is regulated by the acting legislation of the Republic of Kazakhstan.

Article 36. Supervision over the observance of the laws on the state border of the Republic of Kazakhstan

Supervision over the accurate execution of the laws on the state border of the Republic of Kazakhstan is executed by the General Public Prosecutor of the Republic of Kazakhstan and the public prosecutors authorized by him.

President of the Republic of Kazakhstan