On Defence and Armed Forces of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 7 January, 2005 No.29

      This Law regulated public relation in the field of organization of defence and Armed Forces of the Republic of Kazakhstan, functions and powers of the state bodies in ensuring of defence capacity of country, rights and obligations of citizens and organizations in the scope of defence.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:
      1) civilian personnel – citizens of the Republic of Kazakhstan, being in the state service or in the labour relations in the Armed Forces;
      2) special troops – military units and subdivisions, intended in performing of special tasks on ensuring of combat activity of Armed Forces (engineering, chemical and technical support, intelligence, communication, electronic welfare);
      3) special formation – formation, created upon declaration of mobilization for execution of works on reconstruction of railways and auto roads, sea and river ports, airports, airfields, communication lines, gas and oil pipelines, energy and water supply systems, for organization of continuous operation of industry, agriculture, transport and communication and for rendering of medical assistance, fire isolation and suppression;
      4) operational equipment of territory – a set of measures, directed to preparation and maintenance of transport construction, road networks, storage facilities, communication, water, heat and energy supply to operation for operative solution of tasks for the purposes of defence in the level readiness;
      5) territorial defence – a set of measures, implemented by the Government of the Republic of Kazakhstan for the purposes of protection of population, objects and communications of the Republic of Kazakhstan from enemy actions, acts of sabotage or acts of terrorism, as well as introduction and provision of regimes of emergency or military situation;
      5-1) military, air and naval attache – the servants of diplomatic representations of the Republic of Kazakhstan, defense advisers, equated on diplomatic rank to the advisers of 2 class;
      6) bodies of military administration - strategic, operational-strategic, operational and territorial, operational- tactical, tactical and local bodies of military administration;
      7) military unit – the state institution, being organizational-independent unit of Armed Forces, other troops and military formations;
      8) military property – defence facilities, all types of weapons, military equipment, ammunition, special means and other property, being in the right of operational management of the state institutions of Armed Forces, other troops and military formations;
      9) military equipment – weapons, combat vehicles, devices and other technical means, by which the Armed Forces, other troops and military formations are equipped;
      10) arm of service – an independent or entering into the composition of branch of integral part of Armed Forces, having basic weapons and military equipment, as well as means of their combat use peculiar only to it;
      11) other troops and military formations – the Border Guard service, bodies of military counterintelligence and military police of the Committee of the national security of the Republic of Kazakhstan, the Service of defence of objects (Republican guard) of Service of the state protection of the Republic of Kazakhstan, National guard of the republic of Kazakhstan, military investigative bodies of the Ministry of internal Affairs, management bodies and military units of civil defence of the authorized body in the scope of civil protection, bodies of military procuracy;
      12) supply rates – the number of material means, established to issuance in peace or war time to the military servicemen, subdivisions, military units (ships) and forces;
      13) combat readiness – the state determining the degree of readiness of Armed Forces, other troops and military formations to performance of tasks, imposed on them in the established terms;
      14) combat task – the task, assigned by the superior commander (command) for achievement of defined purpose in the battle (operation) to the established term;
      15) high command (the supreme commanders) – the Minister of Defence, its assistance, commanders of the branches of Armed Forces and other civil servants, assigned by the President of the Republic of Kazakhstan;
      16) disposition – bringing of weapons, military equipment, special means in the state, excluding the use of their combat properties or use on intended purpose, as well as cannibalization for the purposes of subsequent use of their components;
      17) Armed Forces of the Republic of Kazakhstan (hereinafter – Armed Forces) – the basis of military organizations of the state, created and maintained by the Republic of Kazakhstan for ensuring of defence, repulse the act of aggression or prevention of direct external threat, as well as performance of tasks, resulting from the international obligations of the Republic of Kazakhstan;
      18) weapons – a set of difference types of weapons, ammunition, their carriers and means, providing their use;
      19) branch of the Armed Forces – a part of Armed Forces of the state, intended for conduct of military actions in the defined scope (on land, at sea, in the air space);
      19-1) limited zone upon arsenals, bases and depots of Armed Forces, other troops and military formations (hereinafter – limited zone) – the territory, immediately adjacent to the arsenals, bases and depots of Armed Forces, other troops and military formations, designated for the purposes of ensuring of fire safety of arsenals, bases and depots of ammunition of Armed Forces, other troops and military formations;
      19-2) limited area upon arsenals, bases and depots of Armed Forces, other troops and military formations (hereinafter – limited zone) – the territory, designated for the purposes of ensuring of counter sabotage safety of arsenals, bases and depots of ammunition of Armed Forces, other troops and military formations;
      19-3) cadaster of weapons and military equipment of Armed forces, other troops and military formations - systematic collection of details, periodically composed on the basis of data on weapons and military equipment, consisting on the equipment, their qualitative characteristics, assignment, producer, production date, include and remove from the inventory;
      20) defence – a system of the state measures of political, military, economic, environmental, social legal and other measures to ensure military security, the armed defense of the sovereignty, territorial integrity and inviolability of borders of the Republic of Kazakhstan;
      20-1) military intelligence organization of the Ministry of Defence - subdivisions of Armed forces, authorized to conduct investigative measures, conducted within intelligence activity from the territory and outside of the Republic of Kazakhstan, carrying out activity on acquisition, processing and use of intelligence information in the military, military-political, military-technical and military-economic scopes, using in performing of tasks of subdivision of operational, information analysis, special-purpose, electronic warfare, and electronic intelligence;
      21) defence facilities – immovable property, vested on the right of operational management for the state institutions of Armed Forces, other troops and military formations;
      22) material assets – defined number of military property, contained in the arsenals, bases and depots of Armed Forces, other troops and military formations;
      23) state military establishment – a set of Armed Forces, other troops and military formations, state bodies and organizations, basic activity of which is immediately directed to the tasks solution on ensuring of defence of the Republic of Kazakhstan;
      24) unused military property – a property, removed from the inventory, not usable on direct appointment, discarded, expired the guaranteed storage life in the stocks, intemperate and not finding application in the Armed Forces, other troops and military formations;
      25) the state of war – relations of the states from the date of declaration of war between them (actual outbreak of hostilities) until its termination (actual termination);
      26) military threat – substantial intention to adjust available differences by the military-force methods, start the military conflict (war) against the Republic of Kazakhstan;
      27) military danger – a factor of instability, supposing the possibility of application of means of military violence against the Republic of Kazakhstan for achievement of political and other purposes;
      28) military actions – a set of actions of strategic level (including combat actions) with the use of all branches of Armed Forces in performing of combat tasks, assigned upon repulse the act of aggression;
      29) war time – the period from the date of announcement of the state of war or actual outbreak of hostilities until the date of announcement on termination of the military actions but not earlier than their actual termination;
      30) technical support – a set of measures, carrying out for the purposes of provision of Armed Forces, other troops and military formations by the weapons and military equipment;
      31) rear – military units, carrying out combat service and technical support of Armed Forces, other troops and military formations;
      32) combat service support – a set of measures, directed to satisfaction of material, transport, household and other needs of Armed Forces, other troops and military formations for the purposes of maintain their combat readiness;
      33) combat actions – organized actions of military units, forces and subdivisions upon performance of combat tasks under the management of relevant bodies of military administration.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 08.04.2010 No. 266-IV (the order of enforcement see Article 2); dated 27.05.2010 No. 279-IV (the order of enforcement see Article 2); dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (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 and Armed Forces

      1. The legislation of the Republic of Kazakhstan on defence and Armed Forces shall be based on the constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. 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.

Article 3. Basic principles of the state policy in the field of
ensuring of military security of the Republic of Kazakhstan

      The basic principles of the state policy in the scope of ensuring of military security of the Republic of Kazakhstan shall be:
      1) respect for sovereignty, inviolability the state borders, territorial integrity of other states and non-interference in their internal affairs;
      2) strengthening the confidence-building measures and openness in the military field;
      3) peaceful settlement of international disputes;
      4) compliance with international obligations and contribution to achievement of purposes of agreements, the participant of which is the Republic of Kazakhstan;
      5) maintaining friendly relations with all countries on the basis of mutually beneficial cooperation and mutual understanding;
      6) participation in creation of global and regional security system, directed to prevention of military conflicts, maintenance and restoration of peace.

Article 4. The state regulation in the field of defence

      1. The state regulation in the field of defence shall include:
      1) forecasting and evaluation of military danger and military threat;
      2) development of basic directions of military police and provisions of the Military doctrine of the Republic of Kazakhstan;
      3) legal regulation;
      4) planning of the use of Armed forces, other troops and military formations, determination of their necessary number, construction, preparation and maintenance of required level of their combat and mobilization readiness;
      5) development of the management system of the Armed Forces, other troops and military formations, as well as planning of the use of radio-frequency spectrum;
      6) development and implementation of unified military-technical policy of the Armed Forces, other troops and military formations;
      7) a set of national measures, conducted in war time, including preliminary mobilization preparation of the state bodies, organizations irrespective of their form of ownership, transport, communications and population of country, as well as operational equipment of the territory for the purposes of defence;
      8) stock forming of the state material reserve;
      9) preparation of citizens to the military service, accumulation of trained reserve for wartime;
      10) planning and implementation of measures of civil and territorial defence;
      11) ensuring the protection of details, constituting the state secrets;
      12) development of science in the interests of defense;
      13) coordination of activity of the state bodies;
      14) control of activity of Armed Forces, other troops and military formations;
      15) international cooperation for the purposes of collective security and joint defence;
      16) other measures in the field of defence.
      2. The military obligation of citizens of the Republic of Kazakhstan, as well as other types of obligations, provided by the Laws of the Republic of Kazakhstan shall be established for the purposes of defence.
      3. The Armed Forces shall be created in performing of tasks in the field of defence and shall be involved other troops and military formations, as well as special formations created for the wartime.
      4. The Armed Forces, other troops and military formations shall perform the tasks in the field of defence in accordance with Military doctrine and plan of use of Armed Forces.
      5. The lands, forests, water and other natural resources shall be provided for the defence needs in accordance with the legislation of the Republic of Kazakhstan.
      6. Property vested for the state institutions of Armed Forces shall be republican property.
      Footnote. Article 4 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).

Chapter 2. Powers of the President, Parliament and the
Government of the Republic of Kazakhstan in the
field of defence

Article 5. Powers of the President of the Republic of
Kazakhstan in the field of defence

      1. The President of the Republic of Kazakhstan shall be Supreme Commander of Armed Forces of the Republic of Kazakhstan.
      2. The President of the Republic of Kazakhstan shall:
      1) determine the basic directions of military policy of the Republic of Kazakhstan;
      2) approve the Military doctrine of the Republic of Kazakhstan, plans of construction and development of Armed Forces, other troops and military formations;
      2-1) approve the Rules of the use of Armed forces of the Republic of Kazakhstan and the Rules of operative equipment of the territory of the Republic of Kazakhstan;
      3) approve the plan of the use of Armed Forces, plan of operative equipment of the territory of the Republic of Kazakhstan in the interest of defence, as well as mobilization plan of the state;
      4) carry out general management of Armed Forces, other troops and military formations;
      5) approve the structure, limit of staff numbers of Armed Forces, as well as the remuneration system of military servicemen and state servants;
      6) adopt decisions on the use of Armed Forces in performing of tasks, provided by paragraph 2 of Article 18 of this Law, with immediate inform on that the Parliament of the Republic;
      7) confer the highest military ranks;
      8) assign to a position and release from office the highest command of Armed Forces;
      9) approve the text of military oath, basic military regulations, the rules of military service, military symbols, samples of military uniforms and insignia of Armed Forces, other troops and military formations;
      10) engage in negotiations and sign the international treaties of the Republic of Kazakhstan in the field of defence and military cooperation;
      11) adopt decision on call of citizens of the Republic for the compulsory military service and transfer to the reserve of military servicemen of compulsory military service, for the military service on mobilization, in wartime, as well as on call of obligated for military service for the special assessment;
      12) make suggestion for consideration of joint sitting of the Parliament on the use of Armed forces for execution of international obligations on maintenance of peace and security;
      13) impose the state of emergency or martial law over the whole territory of the Republic of Kazakhstan or in its separate localities, declare a partial or total mobilization and immediately inform on that the Parliament of the Republic in the cases, provided by the Constitution of the Republic of Kazakhstan;
      14) exercise other powers in accordance with the Constitution and the Laws of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Powers of the Parliament of the Republic of
Kazakhstan in the field of defence

      The Parliament of the Republic of Kazakhstan shall:
      1) adopt the Laws on issues of ensuring defence of the Republic of Kazakhstan, make amendments and additions to them;
      2) decide the issues on war and peace;
      3) adopt decision on the use of Armed Forces for execution of international obligations on maintenance of peace and security on the suggestion of the President of the Republic of Kazakhstan;
      4) establish military ranks;
      5) ratify and denounce the international treaties on issues of defence and military cooperation;
      6) hold Parliament hearings on issues of defence and Armed Forces.

Article 7. Powers of the Government of the Republic of
Kazakhstan in the field of defence

      The Government of the Republic of Kazakhstan shall:
      1) develop the basic directions of military policy of the state, implement measures on ensuring of defense capacity of the republic;
      2) manage the activity of the Ministry of defence, other central and local executive bodies;
      3) determine the authorized body on implementation of the state policy in the field of formation, placement and execution of the state defence order;
      4) annually approve the state defence order on presentation of the authorized body on implementation of the state policy in the field of formation, placement and execution of the state defence order;
      5) adopt decisions on creation, reorganization and liquidation of the state institutions and enterprises of defence industry, as well as carrying out scientific and research, design and experimental activity;
      6) adopt decisions on creation, reorganization and liquidation of military educational institutions, military departments, military divisions of higher educational institutions;
      7) determine the system and conditions of payment for the labour of employees of the state institutions of the Armed Forces, other troops and military formations, that are not the state servants;
      8) organize equipment and provision of Armed Forces, other troops and military formations by ammunition, military equipment and material and technical resources;
      9) organize development and implementation of the mobilization plan of the state, as well as establish procedure of formation, accumulation and use of the state material reserve;
      10) carry out management of mobilization preparation of the state bodies, organizations irrespective of their form of ownership;
      11) approve the categories of material assets;
      12) approve procedure of development of supply rates of Armed Forces, other troops and military formations;
      13) ensure implementation of measures on operational equipment of the territory of the republic for the purposes of defence;
      14) approve the rules on military transport obligation;
      15) determine the categories and number of citizens, subjected to call for the military service, as well as annual number of military trained specialists, subjected to call for the military trainings;
      16) carry out general management by creation and preparation of military trained reserve, approve the state order for manning of the Armed Forces, other troops and military formations;
      17) carry out planning of civil and territorial defence and its management;
      18) determine procedure of provision and use of lands, forests, water and other natural resource for the needs of defence in accordance with the legislation of the Republic of Kazakhstan;
      19) establish procedure of transfer, sale and disposal of unused military property, as well as provision of defence facilities to the property lease (rent);
      20) adopt decisions on conducting of international negotiations on issues of military cooperation and signing of intergovernmental agreements;
      21) determine procedure of reimbursement by the state of the cost of requisitioned property of individuals and legal entities, as well as provided for the needs of defence;
      22) establish procedure of accounting and discarding of military property;
      23) organize control of export of weapons and military equipment, strategic materials, frontier technologies and products of double purpose;
      24) approve the rules of carrying out of control of quality execution of the state defence order in the enterprises irrespective of their form of ownership;
      25) exercise 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.
      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. Functions of central and local executive
bodies, rights and obligations of citizens and
organizations in the field of defence

Article 8. Functions of central executive bodies in
the field of defence

      Central executive bodies within their competence shall:
      1) participate in the measures of territorial defence, mobilization preparation of branch, creation, development and preservation of objects of mobilization purpose, power on development, production, release and repair of products, necessary for the needs of defence and ensure accumulation of mobilization reserves;
      2) ensure performance of tasks of the state defence order;
      3) carry out measures on stable functioning of branch in wartime, develop the plans of its transfer to the work regime in the conditions of wartime;
      4) organize implementation of measures on operational equipment of the territory of country;
      5) organize and conduct the measures of civil defence and ensure their implementation by the subordinate organizations;
      6) participate in preparation of population of the republic to the defence, carry out control of observance of the legislation of the Republic of Kazakhstan on defence and Armed Forces;
      7) exercise other powers in accordance with this Law, other Laws of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 9. Functions of local executive bodies in the
field of defence

      Local executive bodies within their competence shall:
      1) participate in implementation of measures of operative equipment of the territory and ensure preparation of communications for the purposes of defence;
      2) provide accounting and mobilization readiness of transport and other technical means for the purposes of defence;
      3) participate in preparation of population and territory for the defence, provide the needs of Armed Forces, other troops and military formations in the material, energy and other resources and conditions on their orders in the manner established by the legislation of the Republic of Kazakhstan on defence and Armed Forces;
      4) organize and provide military accounting and preparation of citizens to the military service, their call for the military service, military trainings and call on mobilization;
      5) carry out protection of obligated for military service for the period of mobilization and in war time;
      6) participate in planning and ensure implementation on civil and territorial defence;
      7) coordinate and conform its activity in the field of defence with the bodies of military administration;
      8) carry out other powers, imposed on local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      Footnote. Article 9 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).

Article 10. Rights and obligations of citizens of the Republic
of Kazakhstan in the field of defence

      1. Citizens of the Republic of Kazakhstan shall have a right to:
      1) voluntary do military service on a contractual basis;
      2) participate in activity of organizations that promote the strengthening of defence.
      2. The citizens of the Republic of Kazakhstan shall be obliged to:
      1) preform the military obligation;
      2) participate in the measures on civil and territorial defence;
      3) provide the property in their ownership, necessary for the needs of defence in the period of mobilization and martial law, with subsequent equal reimbursement of its cost by the state in the manner established by the Government of the Republic of Kazakhstan.

Article 11. Functions of organizations irrespective of their
form of ownership in the field of defence

      Organization irrespective of their form of ownership in accordance with the legislation of the Republic of Kazakhstan shall:
      1) participate in implementation of measures on civil and territorial defence;
      2) carry out measures, provided by mobilization plans of the state;
      3) perform the tasks of the state defence order on a priority order;
      4) provide the property in their ownership, necessary for the needs of defence in the period of mobilization and martial law, with subsequent equal reimbursement of its cost by the state in the manner established by the Government of the Republic of Kazakhstan;
      5) create the necessary conditions to their employees in performing by them the military obligations.

Chapter 4. Economical support of defense

Article 12. Purposes and tasks of economic support of defense

      1. Economic support of defense shall be concluded in allocation of financial, material and technical, and other resources to the Armed Forces, other troops and military formations, their equipment by weapons, military and special equipment in the amount, necessary for guaranteed support of defence of the Republic of Kazakhstan.
      2. Basic tasks of economic support of defence:
      1) satisfaction of needs of Armed Forces, other troops and military formations in financial, material and technical, other resources;
      2) improvement of scientific-technical and production base for implementation of production, repair and modernization of weapons and military equipment;
      3) creation of effective system of mobilization readiness of economy and mobilization preparation of population of country;
      4) level increase of social security, implementation of guarantees, established by the legislation of the Republic of Kazakhstan of military servicemen, members of their families and persons, dismissed from military service;
      5) implementation of mutually beneficial international military and military technical cooperation.

Article 13. Financing of defence

      1. Financing of defence shall be directed to the guaranteed satisfaction of the needs of Armed Forces, other troops and military formations in financial, material-technical and other resources.
      2. Financing of Armed Forces, other troops and military formations, as well as defense expenditures shall be carried out at the expense of budget and other funds, provided by Article 24 of this Law.
      3. Financing of military facilities of joint use with the foreign states, dislocated in the territory of the Republic of Kazakhstan, and measures on control of reduction of weapons and ensuring of inspection activity shall be carried out in accordance with international treaties, ratified by the Republic of Kazakhstan.
      4. Control of execution of budget funds in a part of defence expenditures shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

Article 14. Materiel and technical support

      1. Materiel and technical support of Armed Forces, other troops and military formations shall be carried out in the priority order in accordance with the state defence order and international agreements for development, production, supply and provision of products of production and technical purpose, including weapons and military equipment.
      2. Procedure of formation of the state defence order, its material-technical and finance support and purchasing conditions shall be determined by the legislative acts of the Republic of Kazakhstan.

Article 14-1. Features of supply the Armed Forces
of oil products

      Armed Forces shall acquire the oil products from the unified operator on supply of oil products, determined by the Government of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Use of objects and property in the
interests of defence

      1. Objects and property, being the state property, assigned to the organizations of branches of economy on the right of operational management, economic management and intended to meet the needs of defence and performance of mobilization tasks shall not subject to alienation, except for the unused military property.
      2. Defence objects, that are not used by the Armed Forces, other troops and military formations in peace time shall subject to conservation at the expense of budget funds and may be transferred to the property lease (rent) in the manner established by the legislation of the Republic of Kazakhstan, as well as organizations of other states on the basis of international treaties, ratified by the Republic of Kazakhstan.
      3. Unused military property may be sold in the manner established by the Government of the Republic of Kazakhstan.
      3-1. Protection and maintenance of defence objects, in which the bodies of military counterintelligence are located shall be carried out by the Armed Forces, other troops and military formations, in the operational management of which there are the indicated objects, at the expense of budget funds, allocated them for these purposes.
      Note of RCLI!
      Paragraph 4 shall be enforced from 01.08.2003.
      4. General staff of Armed Forces of the Republic of Kazakhstan in the manner established by the Government of the Republic of Kazakhstan shall:
      1) discard the military property, which in the period of maintenance of military actions came in the unusable state or was lost upon the threat to life of members of Armed Forces;
      2) maintain accounting of property, being in their operational management.
      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Transfer of lands, buildings, structures, objects
and other property for the needs of defence

      1. The land plots, provided for arrangement and permanent activity of Armed Forces, other troops and military formations shall be in their possession and use.
      2. Compulsory transfer of land plots for the needs of defence and its compensation to the owners and land-users shall be carried out in accordance with the Land Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On the state property”.
      3. The buildings, structures, objects and other property shall be transferred for the needs of defence of Armed Forces, other troops and military formations, as well as their return may be made in the manner established by the legislation of the Republic of Kazakhstan.
      4. Seizure of property for the needs of defence in the period of operation of martial law in war time shall be carried out in the case and manner established by the legislative acts of the Republic of Kazakhstan.
      5. Procedure of provision of property in possession and use, as well as procedure of temporary use of land for a fee (rent) to the military formations of other states shall be determined by the international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

Article 17. Research activity and staff training

      1. Basic and applied research, advanced research and technological developments shall be carried out by the research organizations of the Republic of Kazakhstan for the purposes of meet the needs of defence for creation of new types of weapons and military equipment, products of military purpose.
      2. To improve the economic interest of organizations irrespective of their form of ownership in execution of research and development works of defence nature shall be carried out their state support by system implementation of financial and economic regulators and mechanisms.
      3. Training and retraining of military staffs shall be carried out in the educational organizations on the state educational order, approved by the Government of the Republic of Kazakhstan, as well as abroad on the basis of international treaties.

Chapter 5. Armed Forces, other troops and
military formations

Article 18. Armed Forces and their purpose

      1. The Armed Forces shall be intended for repulse the act of aggression, armed defense of the territorial integrity and sovereignty of the Republic of Kazakhstan, protection and defence of the state and military objects, protection of air space, the fight against illegal armed formations, as well as in performing of tasks in accordance with international treaties, ratified by the Republic of Kazakhstan.
      2. The Armed Forces may be applied on the basis of decisions of the President of the Republic of Kazakhstan for liquidation of emergency situations of natural and technogenic character, as well as for conducting of antiterrorist operations, strengthening the protection of the State boundary and ensuring the regime of emergency situation, as well as when democratic institutions, independence and territorial integrity, political stability of the Republic of Kazakhstan, the safety of its citizens are under the serious and immediate threat and normal operation of constitutional bodies of the state was violated.
      3. Application of Armed Forces in performing of tasks, arising from the international obligations of the Republic of Kazakhstan shall be carried out on the conditions and procedure, specified in the international treaties, ratified by the Republic of Kazakhstan.
      4. A part of the composition of Armed Forces may be include in the joint armed forces or be under the unified command in accordance with international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 18 as amended by the Laws 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); dated 11.04.2014 No. 189-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Total composition of the Armed Forces

      Armed Forces shall include: bodies of military administration, branches of Armed Forces, arm of service, special troops, rear, military educational institutions, military-scientific institutions and other organizations.
      Upon declaring of mobilization the National Guard, Frontier service of the national security Committee, management bodies and military units of civil defence of the authorized body in the scope of civil protection, formation of territorial defence of local executive bodies and special formations shall be included in the composition of Armed Forces.
      Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Manning of Armed Forces

      1. Military personnel of Armed Forces shall include the military servicemen and persons of civilian staff.
      2. The Armed Forces shall be manned:
      1) military servicemen by call of citizens for the military service and by voluntary joint the military service in accordance with the legislative acts of the Republic of Kazakhstan;
      2) civilian personnel in accordance with the labour legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on the state service.
      3. The stock of military trained reserve shall be created for mobilization deployment of Armed Forces.
      Footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 15.05.2007 No. 253; dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Administration and management of Armed Forces

      1. Military-political administration of Armed Forces shall carry out the President of the Republic of Kazakhstan – Supreme Commander of Armed Forces of the Republic of Kazakhstan.
      2. The supreme military and political administration body of Armed Forces in war time shall be the Supreme Command (Supreme High Command General Headquarters).
      3. Supreme High Command General Headquarters shall carry out the management of Armed Forces through the General Staff of Armed Forces of the Republic of Kazakhstan.
      4. Management of Armed Forces in peace time shall carry out the Minister of defence of the Republic of Kazakhstan through the General Staff of Armed Forces of the Republic of Kazakhstan.
      Footnote. Article 21 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 22. Functions of Minister of Defence

      1. The Minister of Defence shall be the central executive body, carrying out the military-political and military-economic management of Armed Forces.
      2. The Minister of Defence of the Republic of Kazakhstan shall:
      1) implement the state policy in the field of defence;
      2) develop the Military doctrine, the concept of construction and development of Armed Forces, other troops and military formations;
      3) establish the structure, staff numbers of branches, arms of service of Armed Forces, as well as staff numbers on the state institutions subordinated to the Minister of Defence of the Republic of Kazakhstan within the limits of staff numbers of Armed Forces, Minister of Defence and the state institutions subordinated to the Minister of Defence, approved by the President and the Government of the Republic of Kazakhstan;
      4) conduct the unified military-technical policy in the state;
      5) organize activity of military intelligence organizations of the Minister of Defence of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan and out of bonds for the purposes of ensure the military component of national security of the state in accordance with the regulatory legal acts of the Republic of Kazakhstan;
      6) determine operational purpose and tasks of branches of Armed Forces, arms of service and special troops, their application in interaction with other troops and military formations, as well as with armed forces of the foreign states in accordance with international treaties, ratified by the Republic of Kazakhstan;
      7) carry out administration of scientific and research, development and other works in the field of defence, organize control of their quality;
      8) carry out inspection of troops and control of expenditures of financial means in the Armed Forces;
      9) develop and approve the regulatory legal acts, regulating reception, organization of educational process in the departmental military educational institutions, carry out control of activity and quality of educational work of departmental military educational institutions and other organizations of education, carrying out military training;
      10) coordinate training of preinduction and draft-age youth for military service;
      11) carry out international military and military technical cooperation;
      12) carry out control of observance of legality and legal order in the Armed Forces and ensure the social and legal guarantees to the military servicemen, members of their families and civilian personnel;
      13) issue the regulatory legal acts on issues of defence and Armed Forces and control their execution within its competence;
      14) carry out control of the quality of execution of the state defence order, placed by the Armed Forces of the Republic of Kazakhstan in the enterprisers – performers irrespective of their form of ownership at all stages of production;
      15) control activity of central and local executive bodies on issues of territorial defence within its competence;
      16) ensure implementation of unified state personnel policy in the Armed Forces of the Republic of Kazakhstan;
      17) manage of unused military property in accordance with procedure of transfer, sale and disposition of unused military property, as well as provision for the property lease (rent) of defence facilities;
      18) approve the rules of include of weapons and military equipment in the inventory of Armed Forces, other troops and military formations of the Republic of Kazakhstan;
      19) approve Cadaster of weapons and military equipment of Armed Forces, other troops and military formations;
      20) organize projects implementation in the field of creation of space equipment and technologies of military purposes;
      21) approve the ruled of military training in the higher educational institutions and military divisions upon organization of higher professional education;
      22) approve the provision rates of Armed Forces in coordination with the central authorized body on budget planning;
      23) approve the rules on procedure of maintaining of military accounting of obligated for military service and draftees;
      24) approve the rules of establishment prohibited zones upon arsenals, bases and depots of Armed forces, other troops and military formations and prohibited districts upon arsenals, bases and depots of Armed forces, other troops and military formations (hereinafter – The Rules of establishment of prohibited zones and prohibited districts);
      25) approve the rules of organization of activity and conditions of military service of defense attache offices of the Ministry of Defence of the Republic of Kazakhstan;
      26) approve position of local bodies of military administration;
      27) exercise 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 22 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); 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 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. Functions of General staff of the
Republic of Kazakhstan

      Footnote. The title of Article 23 is in the wording of 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).

      1. The General staff of Armed Forces of the Republic of Kazakhstan shall:
      1) carry out operational and strategic planning, application and administration of combat and daily activity of Armed forces;
      2) develop the plans of construction and development of Armed forces and mobilization deployment of troops, coordinate development of plans of construction, development of other troops and military formations, control of their execution;
      3) develop the plan of use of Armed forces with participation of the interested state bodies, participate in development of mobilization plan of Armed Forces;
      4) organize and conduct the measures on maintenance of combat and mobilization readiness of Armed Forces;
      5) organize and ensure protection and defence of air space of the Republic of Kazakhstan;
      6) organize and carry out interaction of Armed forces with other troops and military formations, as well as develop the plan of operational equipment of the country in the interest of defence, the Rules of the use of Armed Forces of the Republic of Kazakhstan, as well as the Rules of operational equipment of the territory of the Republic of Kazakhstan;
      7) participate in organization of mobilization preparation of economy, the state bodies and organizations irrespective of their form of ownership;
      8) coordinate development of the plans of territorial defence, organize the actions of forces and means, participating in execution of tasks of territorial defence;
      9) organize and conduct the manning of Armed Forces by the military servicemen of compulsory military service, under the contract and reception of civilian personnel;
      10) participate in development of plan of operational use and interaction of Armed Forces, other troops and military formations with armed forces of foreign states in accordance with international treaties, ratified by the Republic of Kazakhstan;
      10-1) develop the Rules of establishment of prohibited zones and prohibited districts;
      11) carry out placement of personnel and assignment of military ranks, make suggestions for consideration to the Ministry of defence on appointment to the positions and assignment of military ranks according to nomenclature;
      12) organize current and advanced planning of provision the Armed Forces with necessary types of weapons, military equipment, ammunition and other material means, their operation, preservation, accounting, discarding and disposition, as well as plan accumulation and placement of stocks for these means for mobilization deployment of troops in peace time;
      13) develop suggestions on directions of development of military science in the Armed Forces;
      14) organize the work on psychological and moral support of troops for the purposes of formation of military personnel of high combat and moral qualities;
      15) conduct the measures on ensuring of ecological security and environmental protection in connection with activity of troops;
      16) exercise other functions in the field of planning of the use and management of Armed forces, their interaction with other troops and military formations in accordance with the legislation of the Republic of Kazakhstan.
      2. General Staff of Armed Forces of the Republic of Kazakhstan in war time shall be the working body of Supreme High Command General Headquarters.
      Footnote. Article 23 as amended by the Laws of the Republic of Kazakshtan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.04.2011 No. 429-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. The state institutions of Armed Forces

      1. The state institutions of Armed Forces shall:
      1) carry out its activity in accordance with the legislation of the Republic of Kazakhstan;
      2) have a right to receive and use provided sponsor, beneficial assistance, as well as assistance, rendering within the military technical cooperation.
      2. The state institutions of Armed Forces, specialized in the field of sports shall have a right to render service, relevant to their charter purposes and not relating to their basic activity, and use money from implementation of such services in the manner determined by the Government of the Republic of Kazakhstan.

Article 25. Deployment of Armed forces

      1. Deployment of Armed forces shall be carried out in accordance with the plan of the use of Armed Forces, approving by the President of the Republic of Kazakhstan.
      2. Redeployment of forces, military units within the territories, transferred to the use of Armed Forces shall be carried out by decision of the Minister of Defence in accordance with the plan, approved by the President of the Republic of Kazakhstan.
      3. Redeployment of forces and military units of Armed forces outside the territory of the Republic of Kazakhstan shall be allowed on the basis of international treaties, ratified by the Republic of Kazakhstan.

Article 26. Other troops and military formations

      1. Creation, management and activity of other troops and military formations shall be carried out in accordance with the legislative acts of the Republic of Kazakhstan.
      2. Other troops and military formation for the purposes of defence shall:
      1) participate in development of the plan of use of Armed Forces;
      2) organize preparation to the joint actions with the Armed forces;
      3) participate in preparation of citizens to the military service;
      4) ensure implementation of measures on operational equipment of the territory to the defence;
      5) execute instructions of General staff of Armed Forces of the Republic of Kazakhstan on issues of organization of defence;
      6) involved in the joint operational and mobilization preparation with the Armed Forces.
      3. Manning of other troops and military formations shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.
      4. Provision rates of other troops and military formations shall be approved by the chief executive officers of relevant state bodies in coordination with the central authorized body on budget planning.
      Footnote. Article 26 as amended by the Laws 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); dated 03.07.2013 No. 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27. Supervision of observance of legality, ensuring of
law and order and legal protection of military servicemen in
the Armed Forces, other troops and military formations

      1. The Prosecutor General of the Republic of Kazakhstan and military prosecutors, subordinated to him (her) shall carry out supervision of accurate and uniform application of the Laws, decrees of the President of the Republic of Kazakhstan and other regulatory legal acts in the Armed forces, other troops and military formations.
      2. The courts shall carry out the legal protection of military servicemen, consideration of civil and criminal cases in the Armed Forces, other troops and military formations.
      3. Bodies of military police shall carry out ensurance of law and order in the Armed Forces, other troops and military formations, conduct of investigation within the competence in accordance with the Law of the Republic of Kazakhstan.

Chapter 6. State of war. Martial law. Mobilization.
Civil defence. Territorial defence. Prohibited zone
and prohibited district.

      Footnote. The title of Article 6 as amended by the Law of the Republic of Kazakhstan dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28. State of War

      1. The state of war shall be announced by the Parliament of the Republic of Kazakhstan in the case of armed attack against the Republic of Kazakhstan of other state (group or coalition of states), as well as in the cases provided by international treaties, ratified by the Republic of Kazakhstan.
      2. Since the announcement of the state of war or actual outbreak of hostilities shall be occurred the war time, which expires from the date of announcement on termination of hostilities, but not earlier than their actual termination.

Article 29. Martial law and mobilization

      1. Regime of martial law, organization and procedure of mobilization preparation shall be determined by the relevant legislative acts of the Republic of Kazakhstan.
      2. In the period of martial law the Armed Forces, as well as National guard, Border guard of National Security Committee, management bodies and military units of civil defence of the authorized body in the scope of civil protection and special formation shall conduct the combat and other actions on repulse the act of aggression irrespective of announcement of the state of war.
      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Civil defence

      1. The civil defence shall be organized for the purposes of protection of population and territory of the Republic of Kazakhstan from the impact of damage (destroying) factors of modern means of destruction, emergency situations of natural and technogenic character.
      2. Tasks and organization of civil defence shall be determined by the Republic of Kazakhstan.
      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Territorial defence

      1. Territorial defence shall be organized by the Government of the Republic of Kazakhstan for the purposes of protection of population, objects and communications in the territory of the Republic of Kazakhstan from the enemy actions, acts of sabotage and acts of terrorism, as well as introduction and ensuring of regimes of state of emergency or martial law.
      2. General tasks and organization of territorial defence shall be determined by the President of the Republic of Kazakhstan.
      3. Formations of territorial defence shall be created by the local executive bodies in performing of tasks of territorial defence.
      Footnote. Article 31 as amended by the Laws of the Republic of Kazakhstan dated 08.04.2010 No. 266-IV (the order of enforcement see Article); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31-1. Prohibited zone and prohibited district

      1. Prohibited zone shall be the part of prohibited district and shall be established for the purposes of ensuring of fire safety of arsenals, bases, depots of ammunition of Armed Forces, other troops and military formations.
      Residence of individuals, construction and conducting of any works, except for the works, carrying out for the purposes of ensuring of counter sabotage and fire safety shall not be allowed in the territory of prohibited zone.
      2. Prohibited district shall be established for the purposes of ensuring of counter sabotage safety of arsenals, bases and depots of ammunition of Armed Forces, other troops and military formations.
      Shooting from all kinds of fire weapons, use of pyrotechnic devices, as well as device of shooting ranges, stands and open ranges shall not be allowed in the territory of prohibited district.
      Footnote. Chapter 6 is supplemented by Article 31-1 in accordance with the Law of the Republic of Kazakhstan dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. Final provisions

Article 32. International cooperation of the Republic of
Kazakhstan in the field of defence

      1. Cooperation of the Republic of Kazakhstan with other states on ensuring of joint defence from aggression, maintenance of peace and security in accordance with the Constitution of the Republic of Kazakhstan and international treaties, ratified by the Republic of Kazakhstan.
      Note of RCLI!
      Paragraph 2 shall be enforced from 01.08.2003.
      2. The Armed Forces shall fulfil international obligations on maintenance of peace and security on the basis of decision of the Parliament of the Republic of Kazakhstan, accepted in accordance with the Constitution.
      Note of RCLI!
      Paragraph 3 shall be enforced from 01.08.2003.
      3. The period of participation shall be determined to the military servicemen of Armed forces, taken direct part in fulfillment of international obligations on maintenance of peace and security outside of the Republic of Kazakhstan and participated in the combat actions in accordance with the legislation of the Republic of Kazakhstan.

Article 33. Responsibility for violation of the legislation of the Republic of Kazakhstan on defence and Armed Forces

      Persons guilty in violation of the legislation of the Republic of Kazakhstan on defence and Armed Forces shall bear responsibility established by the Laws of the Republic of Kazakhstan.

Article 34. The order of enforcement of this Law

      1. This Law shall be enforced from the date of its official publication, except for the paragraph 4 of Article 15, paragraphs 2 and 3 of Article 32 which entered into force from 1 August, 2003.
      2. Shall be deemed to have lost force:
      1) the Law of the Republic of Kazakhstan dated 9 April, 1993 “On defence and Armed Forces of the Republic of Kazakhstan” (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1993, No. 8, Article 202; 1995, No. 8, Article 56; No. 20, Article 120; No. 22, Article 136; Bulletin of the Parliament of the Republic of Kazakhstan, 1999, No. 8, Article 233; 2002, No. 3, Article 22);
      2) Regulation of the Supreme Council of the Republic of Kazakhstan dated 9 April, 1993 “On enforcement of the Law of the Republic of Kazakhstan “On defence and Armed Forces of the Republic of Kazakhstan “Bulletin of Supreme Council of the Republic of Kazakhstan, 1993 No.8, Article 203).

      The President
      of the Republic of Kazakhstan