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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:

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:

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:

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:

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:

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:

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:

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:

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:

Local representative and executive bodies

Border zones local representative and executive bodies on their territory:

(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:

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:

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;

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;

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:

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:

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 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