Footnote. Throughout the text the words “of goods”, “goods” are respectively substituted by the words “of goods (products)”, “goods (products)” by the Law of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      This Law determines and regulates the legal relations of the state bodies, organizations and legal entities, irrespective of their form of ownership, in the issues of formation and execution of the state defence order for the needs of defense and security of the Republic of Kazakhstan.

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:
      1) goods (products), works and services of military designation - weapons, military equipment and ammunition, and other types of military goods, work (as well as research and development), documentation, objects of intellectual property rights and information of military-technical designation;
      2) the state customer of defence order (hereinafter – the state customer) – the state body of the Republic of Kazakhstan, carrying out orders for development, research, production, supply of goods (products), works and services of military and double designation (application), acquired for ensuring of military security of the state;
      3) executor of defence order (hereinafter – executor) – a legal entity, carrying out execution of defence order on the basis of agreement, concluded with the state customer;
      4) goods (products), works and services of double designation (application) – products and technologies, which are used in the civil purposes, but may be used or in a subsequent redesigned and used by the state customers of the state defense order as the goods, works and services for military designation;
      5) the state defence order (hereinafter – defence order) – legal act of the Government of the Republic of Kazakhstan, approving the list and volume of goods (products), works and services of military and double designation (application), acquired for ensuring of military security of the state, as well as execution of international treaties and obligations by the Republic of Kazakhstan;
      6) an authorized body – the state body, carrying out implantation of the state policy in the field of formation, placement and execution of defence order;
      7) an authorized organization – organization, determined by the Government of the Republic of Kazakhstan for carrying out of import of goods (products), works and services of military and double designation (application), intended for ensuring of military security of the state, except for the import of specified goods (products), works and services, carrying out by the domestic commodity producers and domestic suppliers of works and services upon execution of defence order.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakjhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. The legislation of the Republic of Kazakhstan
on defence order

      Footnote. The title of Article 2 as amended by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

      The legislation of the Republic of Kazakhstan in defence order shall be based on the constitution of the Republic of Kazakhstan, shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the Rules of the international treaty shall be applied.
      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

Article 3. The content of defence order

      1. The content of defence order shall include:
      1) production and supply of weapons, military and special equipment, technical means, ammunition and components to them;
      2) research and development works on development of prototype models, modernization consisting on equipment of the Armed Forces, other military forces and military formations, special state bodies of armament, military equipment and ammunition;
      3) repair, modernization and regulated technical service of armament and military equipment, recovery, decontamination and elimination of equipment taken from the Armed Forces, other military forces and military formations, special state bodies of armament, military equipment and ammunition;
      4) construction, reconstruction and technical re-equipment of military objects;
      5) production of military and special uniform, distinctive insignia and personal protective equipment for the military servicemen of Armed Forces, other military forces and military formations and servants of special state bodies.
      2. Defence order shall contain:
      1) the list (nomenclature) and volume of goods (products), works and services of military and double designation (application),subjected to supplies, terms of these supplies;
      2) predicted cost (price) of defense order in general, as well as on its sections and separate stages of implementation;
      3) list of the state customers;
      4) list of supposed executors.
      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. Formation and placement of defence order

      1. Project of defence order shall be developed and formed by the authorized body on applications of the state customers on the basis of documents of the System of state planning of the Republic of Kazakhstan in the field of ensuring of defence and security of country, as well as in recognition of international treaties and obligations of the Republic of Kazakhstan upon formation of republican budget on the relevant planning period within the established expenses for these purposes.
      2. Selection of executors shall be performed upon formation of defence order by the state customers by agreement with the authorized body from the number of domestic commodity producers, domestic suppliers of works, services and (or) authorized organization and on the basis of possibilities of provision of necessary conditions of production, as well as protection of details, constituting the state secrets, ability to produce and (or) supply the goods (products), works and services of military and double designation (application) of required quality at the most favorable economic conditions.
      3. In the case of impossibility of determination of executor from the number of domestic commodity producers, domestic suppliers of works, services and (or) authorized organization, the executor shall be determined by the state costumer from the number of foreign legal entities in accordance with special procedure of the state procurement for meeting the demands of defence, established by the legislation of the Republic of Kazakhstan on the state procurement.
      Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Agreement for execution of defence order

      1. Execution of defence order shall be carried out on the basis of agreement between the state costumer and executor. An agreement shall be concluded as for execution of whole complex of research and development works, production, supplies, operation, repair, modernization, recovery and elimination of armament and military equipment, other material means, as for the separate types of these works.
      2. Quality of goods (products), works and services of military and double designation (application), supplied by agreement for execution of defence order shall comply with requirements of regulatory and technical documentation and conditions of agreement.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

Article 6. Execution of defence order

      1. Defence order is obligatory for execution in the priority procedure. Volumes of defence order shall be determined by the financial means, allocated for implementation of defence order.
      2. The state costumer is entitled to direct their representatives in the organizations, executing defence order for control of the quality of supplied goods (products), works and services of military and double designation (application) within the bounds, established by the legislation of the Republic of Kazakhstan.
      3. Export and import of goods (products), works and services of military and double designation (application), provided by defence order shall be carried out with observance of procedure of export and import control, established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

Article 7. The competence of the Government of the Republic
of Kazakhstan and authorized body

      1. The Government of the Republic of Kazakhstan shall:
      1) approve the defence order for a three-year period within the established expenses for these purposes within two months after the adoption of the Law of the Republic of Kazakhstan on republican budget;
      2) approve the Rules of formation, placement and execution of the state defence order of the Republic of Kazakhstan;
      3) determine the authorized body;
      4) determine the authorized organization; 5) execute other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      2. An authorized body shall:
      1) carry out management in the field of formation, placement and execution of defence order;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) form the defence order, submit it for approval of the Government of the Republic of Kazakhstan and bring the assignment of approved defence order to the state costumer and executors;
      4) carry out cross-sector coordination and control of execution of defence order;
      5) execute other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Functions of the state costumer upon formation and
execution of defence order

      The state costumers shall:
      1) make payment of necessary goods (products), works and services of military and double designation (application), based on the needs of ensuring of defence and security of the Republic of Kazakhstan, prospects of material and technical re-equipment of the state customers, by standards approved by the Government of the Republic of Kazakhstan;
      2) determine degree of secrecy of details of defence order in accordance with collection of the lists of details, subjected to classification by the state bodies of the Republic of Kazakhstan;
      3) Is excluded by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2);
      4) conclude agreements with executors, provide financing and carry out control of their execution;
      5) develop technical features for new types of armament and military equipment, participate in the tests of experimental and production models of armament and military equipment, provided for the technical documentation;
      6) participate in preparation of documents for acceptance of experimental models of armament and military equipment in the inventory (equipment), approval of design documentation for transfer them into mass production;
      7) carry out acceptance of stages and work in general, issuance conclusions on their conformance to the specified requirements and conditions of agreements;
      8) Is excluded by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

Article 9. Functions of executors upon execution of
defence order

      Executors shall:
      1) provide information on their activity at the request of the state customers and authorized body;
      2) execute the defence order on the basis of agreement, concluded with the state customer;
      3) provide correspondence of executed works, services rendered, supplies of goods (products) of military and double designation (application) to the conditions of agreement, concluded with the state costumer;
      4) justify the price of goods (products), works and services of military and double designation (application);
      5) carry out import of goods (products), works and services of military and double designation (application), necessary for execution of defence order.
      Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

Article 10. (Is excluded by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005)

Article 11. Responsibility for violation of the legislation
on defence order

      Violation of the legislation of the Republic of Kazakhstan on defence order shall entail responsibility, established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2009 No. 182-IV (the order of enforcement see Article 2).

      The President
      of the Republic of Kazakhstan