On State Border of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 16 January 2013 No. 70-V

Unofficial translation

      This Law regulates public relations in the field of protection of State Border of the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS

Article 1. State Border of the Republic of Kazakhstan

      State Border of the Republic of Kazakhstan (hereinafter – State Border) – a line and vertical plane passing on it determining the limits of the territory of the Republic of Kazakhstan (lands, waters, subsoil, air space) and dimensional range of actions of the state sovereignty of the Republic of Kazakhstan.

Article 2. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      1) special facilities – the facilities designed for physical, traumatic, chemical, electrical, psychological, distractive or another effect on wrongful persons, transport and objects used by them for the purpose of suppressing illegal actions or individual protection and camouflage security of military servants, servants of authorized bodies and citizens participated in protection of the State Border;
      2) barrier of engineering constructions and obstacles – land line allocated within frontier space of the Republic of Kazakhstan in permanent use, designed for ensuring of the activity of Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      3) inspection and examination complex – examination introscopytechnology (stationary, portable and mobile technical equipment of non-intrusive examination) equipped by image processing and analysis systems, used by authorized bodies for visual verification of railway and motor vehicle facilities, content of cargo modules of transport vehicles, containers without their opening by the method of non-intrusive (non-contact) examination;
      4) base lines for counting the breadth of territorial waters (sea) of the Republic of Kazakhstan on Caspian Sea – lines of long-time average annual level (at mark minus 28,0 metres of Baltic height system with respect to Kronstadt Tide Gauge Zero) located on a continent part of the Republic of Kazakhstan and its islands, as well as straight lines that restrict the limits of internal waters of the Republic of Kazakhstan in creeks, bays, bolsters and firths belonged to the Republic of Kazakhstan;
      5) territorial waters (sea) of the Republic of Kazakhstan (hereinafter – territorial waters (sea) – sea belt with breadth of twelve marine miles, admeasured in accordance with the regulations of international law and Laws of the Republic of Kazakhstan from base lines on Caspian Sea on which the sovereignty of the Republic of Kazakhstan applies, and its outer limit is the State Border;
      6) continental shelf of the Republic of Kazakhstan (hereinafter – continental shelf) – a field of sea bottom and subsoil measures from the State Border (outer limit of territorial waters (sea) to the limits established by international treaties ratified by the Republic of Kazakhstan;
      7) frontier space of the Republic of Kazakhstan (hereinafter – frontier space) – the State Border and territory of the Republic of Kazakhstan adjoining to it till outer limits of the frontier zone with available territorial waters (sea) and internal waters of the Republic of Kazakhstan, as well as territories of crossing points on the State Borders, continental shelf and air space above them within which the authorized body shall carry out frontier activity;
      8) physical protection of foreign establishments of the Republic of Kazakhstan (hereinafter – physical protection of foreign establishments) – component part of safety ensuring of foreign establishments of the Republic of Kazakhstan and their personnel, including set of measures on ensuring of internal security policy and access modes in foreign establishments of the Republic of Kazakhstan;
      9) internal waters of the Republic of Kazakhstan (hereinafter – internal waters) – component part of the territory of the Republic of Kazakhstan that includes waters:
      located aside the coast from base lines on Caspian Sea;
      creeks, bays, bolsters and firths restricted by straight line drawn from the coast to coast at the place of long-time average annual level;
      ports of the Republic of Kazakhstan restricted by line passing through the most removed point of hydrotechnical and other permanent constructions of ports to the side of the sea;
      Aral Sea located in the side of the coast from the State Border of the Republic of Kazakhstan to hydraulic workAklak in Berg passage (within Kazakhstani part of Big Aral sea);
      Border rivers, lakes and other bodies of water, the banks of which belong to the Republic of Kazakhstan;
      10) redemarcation– restorationoflostandrepairofoldbordermarks, installmentofadditionalbordermarksdrawnupbyinternationaltreatyratifiedbytheRepublicofKazakhstan;
      11) service animals – dogs and horses intended for strengthening of border squads for the purpose of prevention, detection, establishment and suppression of infractions in frontier space, as well as physical, psychological, blocking and other effect on wrongful persons;
      12) delimitation – determination of position and direction of the State Border under agreement between neighboring states drawn up by international treaty ratified by the Republic of Kazakhstan and graphically depicted on maps attached to this international treaty;
      13) pass of persons, transport vehicles, cargos and goods through the State Border – recognition of legality of crossing (permit for crossing) the State Border by persons, transport vehicles, transfer of cargos and goods through the State Border;
      14) crossing point on the State Border (hereinafter – crossing point) – territory (water area) within railway, automobilepassenger depot or station, marine or river port, international airport or aerodrome, as well as another specially allocated sector of the terrain in immediate neighborhood from the State Border with the relevant infrastructure on which the pass of persons, transport vehicles, cargos and goods are carried out;
      15) cargos and goods transferred through the State Border (hereinafter – cargos and goods) – commercial and non-commercial cargos, goods, subjects, materials, means, substances, cabin baggage (luggage) and transport vehicles transferred through the State Border;
      16) State Border management – measures taken by authorized bodies on creation and development of infrastructure of the State Border;
      17) engineering and technical equipment of protection of the State Border (hereinafter – engineering and technical equipment) – means intended for prevention, detection and suppression of infractions in frontier space;
      18) State Border infrastructure – set of barriers, objects, hydrotechnical, engineering and other constructions and obstaclesraised, equipped and used by authorized bodies for the purpose of protection of the State Border;
      19) delineation of State Border – set of measures on international legal determination, documentary description and legal formalization of the State Border;
      20) categorization of State Border – determination of the state of field of State Border on the basis of nature of their specific features (interrelations with neighboring states, threats of frontier safety, socio political position and residential density of border districts, ground relief) and legal position (status) of the State Border;
      21) river valley line – a line joining the most lowered fields of the river bottom;
      22) radiation control – verification of the level of ionizing radiation coming from cargos, goods and (or) transport vehicles transferred through the State Border and its comparison with natural background radiation;
      22-1) service infrastructure – territory, buildings and constructions intended for improvement of conditions of movement of persons and transport vehicles, transfer of cargos (goods) and ensuring of the activity of controlling bodies in crossing points;
      23) authorized bodies – state bodies carrying out protection of the State Border within their competence;
      24) fairway – safety way for navigation of ships among obstacles (between islands, sand banks) marked by the aids to navigation (buoys, spars, leading marks);
      25) demarcation – determination and settlement of the State Border at location drawn up by international treaty ratified by the Republic of Kazakhstan;
      26) frontier incident – accident on the State Border linked with violation of the regime of the State Border concerning the interests of the Republic of Kazakhstan, one or several neighboring states with it;
      27) frontier safety – component part of the national security of the Republic of Kazakhstan representing security of political, economic, information, humanitarian and other interests of a person, association and state in frontier space;
      28) frontier zone – part of territory of the Republic of Kazakhstan adjoining to frontier belt within administrative and territorial entities;
      29) frontier belt – part of territory on a land field adjoining immediately to the State Border, and on the field where the State Border crosses border rivers, lakes and other bodies of water – adjoining immediately to the valley side of mentioned bodies of water, as well as territories of islands located in there where the regime of the State Border is in effect;
      30) frontier representatives – authorized civil persons appointed from among the officers of Frontier Service of the National Security Committee of the Republic of Kazakhstan for solution of questions linked with maintenance of established regime of the State Border;
      31) contact point of frontier representatives – separate building with specially equipped premises used by the Frontier Service of the National Security Committee of the Republic of Kazakhstan for organization and conduct of meetings of the frontier representatives, as well as international meetings.
      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 130-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 3. Legislation of the Republic of Kazakhstan on State Border

      1. Legislation of the Republic of Kazakhstan on the State Border is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. In international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by this Law, the rules of international treaty shall be applied.

Article 4. Frontier policy

      1. Frontier policy represents harmonized, coordinated activity of the Government of the Republic of Kazakhstan and authorized bodies oriented to ensuring of frontier safety, prevention and suppression of infringement onsovereignty, integrity and inviolability of the territory of the Republic of Kazakhstan, protection of its State Border.
      2. Frontier policy shall be implemented by:
      1) international cooperation;
      2) peaceful solution of frontier questions;
      3) coordinated actions of authorized bodies.
      3. Preparation of suggestions on formation of frontier policy of the Republic of Kazakhstan shall be carried out by the State frontier commission under the Government of the Republic of Kazakhstan.
      Composition, powers and procedure for activity of the State frontier commission shall be determined by position approved by the Government of the Republic of Kazakhstan.

Article 5. Principles of protection of the State Border

      Principles of protection of the State Border are:
      1) compliance with legality upon carrying out of the activity on protection of the State Border;
      2) ensuring of integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;
      3) compliance with the rights and freedoms of a human and citizen;
      4) mutual responsibility of a person, association and the state upon protection of the State Border;
      5) compliance with the regulations of the international law.

Article 6. Protection of the State Border

      1. Protection of the State Border is to ensure national security of the Republic of Kazakhstan in frontier space and shall be carried out by the Government of the Republic of Kazakhstan and authorized bodies by taking policy, legal, organizational, economic, frontier, military and other measures within own competence.
      Citizens and organizations of the Republic of Kazakhstan may participate in protection of the State Border.
      2. The following regimes shall be introduced within frontier space for the purpose of protection of the State Border:
      1) regime of the State Border;
      2) regime in crossing points;
      3) frontier regime;
      4) regime of territorial waters (sea) and internal waters;
      5) regime of continental shelf.

Article 7. Protection of the State Border

      1. Protection of the State Border as component part of protection of the State Border is to conduct the set of measures by authorized bodies on inadmissibility to change crossing the State Border, as well as detection and suppression of suppositions, signs and facts of violation of the regime of the State Border and regime in crossing points.
      2. Protection of the State Border on land, in territorial waters (sea) and internal waters (as well as in underwater environment) shall be carried out by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      3. Protection of the State Border in air space shall be carried out by Armed Forces of the Republic of Kazakhstan.

Article 8. Measures on protection of the State Border

      1. Frontier Service of the National Security Committee of the Republic of Kazakhstan and Armed Forces of the Republic of Kazakhstan shall attract forces and means of authorized bodies, organizations and citizens for carrying out of measures on protection of the State Border in accordance with this Law, other regulatory legal acts of the Republic of Kazakhstan.
      2. Measures on protection of the State Border shall be taken in recognition of categorization of its fields.

Chapter 2. ESTABLISHMENT, SETTLEMENT AND MANAGEMENT OF THE STATE BORDER

Article 9. Establishment of the State Border

      1. State Border shall be established in the course of delimitation, demarcation and redemarcation.
      2. Actions linked with delimitation, demarcation and redemarcation of the State Border shall be carried out byjoint committee formed from representatives of the Republic of Kazakhstan and neighboring states.
      3. State border shall be established:
      1) on land – on characteristic points, lines of relief or clearly visible orientation points;
      2) on Caspian Sea – on outer limit of territorial waters (sea) of the Republic of Kazakhstan;
      3) on Aral Sea – on line of border points joining the accesses of the State Border to coasts that is not displaced upon change of coastal configuration and water stage in sea;
      4) on navigable rivers – in the middle of main fairway or river valley line, on unnavigable rivers, brooks – in their middle or in the middle of main river arm, on lakes and other bodies of water (with the exception of bodies of water mentioned in subparagraph 5) of paragraph 3 of this Article) – on equal spaced, median, straight or another line joining accesses of the State Border to margins of lake or other body of water.
      State Border passing on river, brook, lake or other body of water shall not be displaced upon change of coastal configuration or water stage, as well as upon deviation of the river, brook channel;
      5) on reservoirs of hydroelectric complexes and other artificial bodies of water – in accordance with the State Border crossing at the place before its inundation;
      6) on bridges, dams and other constructions passing through rivers, brooks, lakes and other bodies of water – in the middle of these constructions or their technological axis independently from crossing the State Border on water.

Article 10. Settlement of the State Border

      1. State Border at location shall be settled by clearly visible border marks in accordance with demarcation.
      2. Forms, sizes, descriptions, constructions and procedure for installment of border marks shall be determined by the Government of the Republic of Kazakhstan.

Article 11. Management of the State Border

      1. Management of the State Border shall be carried out in the manner provided by the regulatory legal acts of the Republic of Kazakhstan.
      2. Infrastructure of the State Border shall be established proceeding from categorization of its fields in the manner determined by the Government of the Republic of Kazakhstan.

Chapter 3. REGIME OF THE STATE BORDER

Article 12. Regime of the State Border

      1. Regime of the State Border shall be valid on the State Border and in frontier belt in accordance with this Law and international treaties ratified by the Republic of Kazakhstan.
      2. Regime of the State Border shall include procedure for:
      1) maintenance of the State Border (with the exception of field of the State Border on Caspian Sea);
      2) crossing the State Border;
      3) pass of persons, transport vehicles, cargos and goods through the State Border;
      4) entrance, temporary stay, residence, movement in frontier belt and carrying out of flights over frontier belt;
      5) carrying on economic, commercial or other activity, conduct of public policy, cultural or other measures;
      6) resolving of frontier incidents.
      3. Frontier belt on fields of the State Border shall be established by the Government of the Republic of Kazakhstan.
      Barrier of settling the State Border shall be provided on frontier line.

Article 13. Maintenance of the State Border

      1. Maintenance of the State Border shall be carried out by authorized bodies and oriented to ensuring and support of the regime of the State Border.
      2. Maintenance of the State Border shall include procedure for provision and ensuring of functioning the barrier of settling the State Border (establishment, preservation and maintenance work of border marks, their check inspection, provision of frontier narrow clearings and paths), as well as conduct of verifications of crossing the State Border with neighboring state.
      3. On fields of the State Border on which the process of demarcation is not completed, the procedure for preservation of border marks, their check inspections shall be determined by the National Security Committee of the Republic of Kazakhstan.

Article 14. Crossing of the State Border

      1. Crossing of the State Border shall be carried out:
      1) on land, border rivers, lakes and other bodies of water – at the places of crossing the State Border established on the ways of international railway, automobile, river and other communications;
      2) in air space – at the places of crossing the State Border by international routes or on air corridors specially allocated for these purposes;
      3) on sea – within sea corridors established on the ways of international marine communication.
      Crossing of the State Border in other places shall be allowed in cases provided by the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      2. Frontier Service of the National Security Committee of the Republic of Kazakhstan upon fulfillment of obligations on protection of the State Border shall be provided by the right to cross the State Border by other order coordinated with frontier body of neighboring state (with the exception of border of territorial waters (sea) on Caspian Sea).
      3. Order of crossing the State Border within international centre of near-bordercooperation with neighboring state, as well as procedure for stay of persons on its territory shall be regulated by international treaties ratified by the Republic of Kazakhstan and legislation of the Republic of Kazakhstan.
      4. For localization and liquidation of emergency situations of nature and technogenic character, the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan may provide other order of crossing the State Border by accident rescue groups.
      5. Requirements to settling and providing the fields of ways of international railway and automobile communication from the State Border to crossing points, procedure for travel, as well as requirements for providing Kazakhstani part of perimeter of international centre of near-border cooperation, located on the State Border shall be established by the Government of the Republic of Kazakhstan.
      6. Upon travelling of persons and transport vehicles from the State Border to crossing points or in the opposite direction, it shall be prohibited as follows:
      1) change of established traffic route;
      2) stoppage, landing (boarding) of persons, discharging (loading) of cargos and goods, levitation, landing or taking of any flight facility, as well as pilotless vehicles.
      7. In the interests of ensuring of national security of the Republic of Kazakhstan, as well as upon written application of neighboring states, the Government of the Republic of Kazakhstan shall temporary restrict or termination crossing of the State Border on its separate fields.
      Notification on temporary restriction or termination of crossing the State Border shall be referred by the Ministry of Foreign Affairs of the Republic of Kazakhstan through diplomatic channels to interested states within seventy two hours from the date of adopting such decision.

Article 15. Crossing of the State Border on sea, rivers, lakes and other bodies of water

      1. Kazakhstani and foreign (surface and submarine) vessels, warships, ice vehicles shall cross the State Border on sea, rivers, lakes and other bodies of water in accordance with the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      2. Underwater foreign vessels (techniques) shall cross the State Border and travel in territorial waters (sea) at the surface and with hoisted flag.
      3. Maritime traffic on border rivers, lakes and other bodies of water with crossing the State Border without call at ports of the Republic of Kazakhstan and neighboring states shall be regulated by international treaty with neighboring state, ratified by the Republic of Kazakhstan.
      4. Upon request of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, upon crossing the State Border and travelling in territorial waters (sea) and internal waters with calling or without calling at ports (in harbours) of the Republic of Kazakhstan, as well as upon travelling from the ports (harbour) of the Republic of Kazakhstan to the State Border, Kazakhstani and foreign (surface and submarine) vessels, foreign war ships, ice vehicles shall be obliged to:
      1) show the flag, if it is not hoisted;
      2) change a course if it leads to prohibited district or the district temporary dangerous for sailing, as well as to safety zone established around artificial island, establishment or construction, or entails other violation of the sailing regime;
      3) inform on the purposes of calling into territorial waters (sea) or internal waters, reasons for deviation from the traffic schemes;
      4) stop and accept inspection group for verification (inspection of vessel premises), represent vessel and navigation documents of crew members and passengers, documents for cargos or goods;
      5) change a course and travel to the port of the Republic of Kazakhstan or other specified point;
      6) perform other requirements provided by the Laws of the Republic of Kazakhstan and international treaties.
      Provisions of subparagraphs 4) and 5) of paragraph 4 of this Article shall not apply to foreign war ships and foreign state vessels used in non-commercial purposes.
      5. Kazakhstani and foreign vessels mentioned in paragraph 4 of this Article shall be prohibited:
      1) for calling at port (in harbours) of the Republic of Kazakhstan where crossing point are not opened;
      2) deviation from established traffic schemes, calling to the district prohibited for sailing or the district temporary dangerous for sailing, as well as to safety zone established around artificial island, establishment or construction, if it is announced in notices for sailors about such district or zone;
      3) stoppage, landing (boarding) of persons, discharging (loading) of any cargos and goods, putting afloat or taking of any floating equipment on board, levitation, landing or taking of any flight facility on board, as well as pilotless vehicle, carrying on commercial, research, prospecting or other activity without permit of authorized body or with violation of conditions of such permit.
      6. Foreign war ships and other foreign state vessels used in non-commercial purposes shall cross the State Border for calling into territorial waters (sea) and internal waters upon preliminary permit of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, requested through diplomatic channels no later than thirty calendar days before the date of proposed calling.

Article 16. Right of Kazakhstani vessels carrying on commercial activityon repeated crossing of the State Border on sea, rivers, lakes and other bodies of water

      1. Kazakhstani vessels carrying out commercial activity in territorial waters (sea), internal waters and over continental shelf without overloading the goods of commercial activity on foreign vessels, as well as Kazakhstani vessels in respect of which the frontier control is carried out, in case of carrying on of commercial activity, the purpose of which is supply of commercial goods for selling or production of fishing and other production in the territory of the Republic of Kazakhstan may cross the State Border on repeated basis without passing frontier, custom and other types of control on the basis of permit of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Kazakhstani vessels mentioned by paragraph 1 of this Article shall be prohibited as follows:
      1) calling into territorial waters (sea), in internal waters of foreign state, foreign ports;
      2) landing (boarding) of persons, discharging (loading) of any cargos and goods on foreign vessels, as well as Kazakhstani vessels in respect of which the frontier control is carried out, with the exception of cases when it is caused by necessity of rescuing people and vessels or other emergency circumstances about which the captain of vessel shall inform Frontier Service of the National security Committee of the Republic of Kazakhstan.
      3. Procedure for issuing permit for repeated crossing of the State Border, dimensional rangeand time limits of validity of such permit, as well as procedure for carrying out of control of Kazakhstani courts mentioned in paragraph 1 of this Article, shall be established by the Government of the Republic of Kazakhstan.

Article 17. Crossing of the State Border in air space

      1. Aerial vehicles following from the place of crossing of the State Border to crossing points and back, as well as upon transit passage through the air space of the Republic of Kazakhstan shall be obliged to fulfill the following requirements of the Armed Forces of the Republic of Kazakhstan and authorized body in the scope of civil aviation of the Republic of Kazakhstan:
      1) change a course if it leads to prohibited district or the district temporary dangerous for flights;
      2) inform on the purposes of entry into air space of the Republic of Kazakhstan or reasons of deviation from flight plan;
      3) carry out landing in specified place.
      2. For aerial vehicles upon travelling from the State Border to crossing points or in the opposite direction, as well as transit flight through the air space of the Republic of Kazakhstan, with the exception of natural disasters, catastrophe, accident, emergency situation and other cases threatening life or health of people shall be prohibited as follows:
      1) landing (departure) in airports or aerodromes that are not international, not mentioned in flight plan, as well as out of airports and aerodromes;
      2) deviation from established (recommended) corridors and routes of travel, flight over the territory of prohibited zones and restricted flight areas published in documents of aeronautical information;
      3) landing (boarding) of people, discharging (loading) of any cargos and goods.
      3. In exceptional cases upon performance of international flights linked with performance of refuelling, unscheduled landings and humanitarian flights, as well as with performance of state tasks, landing and departure of aerial vehicles shall be carried out from airports or aerodromes that are not international. Mentioned flights shall be performed in existence of temporary permit issued by authorized bodies in the scope of civil and state aviation in coordination with the National Security Committee of the Republic of Kazakhstan, customs and other state bodies.

Article 18. Involuntary crossing of the State Border

      1. Involuntary crossing (outside established places, marine or air corridors) of the State Border is not a violation of procedure for crossing of the State Border, carried out in virtue of the following emergency circumstances:
      1) natural disaster, catastrophe, accident, emergency situation and in other cases threatening to life or health of people, safety of Kazakhstani or foreign vessel, foreign war ship, ice vehicle, as well as aerial vehicle;
      2) aerotowing of damaged Kazakhstani or foreign vessel, foreign war ship, ice vehicle;
      3) carrying of rescued people;
      4) rendering of emergency medical care to crew member or passengers of Kazakhstani or foreign vessel, foreign war ship, ice vehicle.
      2. Captain (navigator) of Kazakhstani or foreign vessel, foreign war ship, ice vehicle, commander of aerial vehicle in case of involuntary crossing of the State Border or involuntary non-compliance with procedure for travelling from the State Border to crossing points or in the opposite direction determined by this Law shall be obliged to:
      1) notify immediately the administration of the nearest Kazakhstani marine or river port, airport or aerodrome that shall inform immediately the Frontier Service of the National Security Committee Of the Republic of Kazakhstan and Ministry of Defense of the Republic of Kazakhstan;
      2) act in accordance with instructions of authorized bodies, commander of frontier or war ship of the Republic of Kazakhstan, captain of marine, river vessel or commander of aerial vehicle of the Republic of Kazakhstan arrived for rendering of assistance or clarifying circumstances of the incident.
      3. Other persons and transport vehicles in case of involuntary crossing of the State Border or involuntary non-compliance with procedure for travelling from the State Border to crossing points and in the opposite direction determined by this Law shall be obliged to:
      1) notify immediately the management personnel of the nearest part (subdivision) of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      2) act in accordance with instructions of a representative of the Frontier Service of the National Security Committee arrived for clarifying the circumstances of the incident.

Article 19. Pass of persons, transport vehicles, cargos and goods through the State Border. Crossing points

      1. Pass of persons, transport vehicles, cargos and goods through the State Border shall be carried out in crossing points opened in accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      2. Rules of opening (closing), functioning (operation), categorization, classifying, management, as well as requirements on technical equipment and organizing works of crossing points shall be determined by the Government of the Republic of Kazakhstan.
      3. List of crossing points shall be approved by the Government of the Republic of Kazakhstan.
      4. Subdivisions of controlling bodies answering for organization of frontier, customs, transport, sanitary and quarantine, veterinary, phytosanitary control within their competence shall be placed in crossing points.
      5. During passing persons in crossing points, the line of passport control shall be the State Border.
      6. Pass of persons, transport vehicles, cargos and goods through the State Border shall be carried out by Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      7. Pass of persons through the State Border shall be carried out in existence of documents for the right of entry to the Republic of Kazakhstan or departure from the Republic of Kazakhstan, as well as in the absence of restrictions in relation of these persons established by the Laws of the Republic of Kazakhstan.
      8. Pass of transport vehicles, cargos and goods through the State Border shall be carried out in existence of permissive marks of customs and other controlling bodies for the right to importation of transport vehicles, cargos and goods to the Republic of Kazakhstan or export from the Republic of Kazakhstan.
      9. Pass through the State Border shall be considered as completed upon the end of procedure of frontier control and upon departure of a person, transport vehicle or export of cargos and goods beyond the crossing point.
      10. Foreign persons and stateless persons that are not permitted or restricted for entry to the Republic of Kazakhstan, as well as persons in relation of which decision on prohibition for departure from the Republic of Kazakhstan is adopted, shall not be subject to pass through the State Border in accordance with the Laws of the Republic of Kazakhstan. Foreign persons and stateless persons arrived to the crossing point and not having the grounds for pass through the State Border shall be returned to the country from which they arrived or to the country of their citizenship in accordance with international treaties of the Republic of Kazakhstan.

Article 20. Simplified procedure for pass through the State Border. Simplified crossing points

      1. Simplified procedure for pass through the State Border shall be established immediately at the places of crossing the State Border, on which simplified crossing points are built up in accordance with the international treaty ratified by the Republic of Kazakhstan.
      2. Pass of cargos and goods in simplified crossing points through the State Border in commercial purposes shall be prohibited.

Article 21. Pass through the State Border upon occurrence of emergency situations of natural or technogenic character

      Upon occurrence of emergency situations of natural and technogenic character, the pass through the State Border of accident rescue groups for localizing and liquidation of emergency situations of natural and technogenic character shall be carried out in the manner determined by the international treaties ratified by the Republic of Kazakhstan.

Article 22. Pass of vessels through the State Border in exceptional cases

      In exceptional cases, pass of persons and transport vehicles through the State Border shall be carried out by territorial bodies of the national security of the Republic of Kazakhstan together with administration of airports or aerodromes, marine or river ports with the following notifying the relevant subdivision of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in relation to:
      1) aerial vehicles performing special international flights from airports or aerodromes that are not international;
      2) Kazakhstani and foreign aerial vehicles performing international flights carrying out unscheduled landings in non-established places;
      3) Kazakhstani vessels and ice vehicles performing international carriages, foreign (surface and submarine) vessels, foreign war ships, ice vehicles carried out involuntary calling at marine and river ports (in harbours) of the Republic of Kazakhstan, where there are no crossing points, coming to berths, quays or Kazakhstani coast.

Article 23. Frontier control in crossing points

      1. Frontier control in crossing points is one of the types of frontier activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Frontier control in crossing points in relation of persons, transport vehicles, cargos and goods shall include:
      1) verification of documents and persons, including processing of biometric personal data, as well as interrogation of persons for the purpose of determining legality of crossing of the State Border, detection of violators of procedure for crossing of the State Border, as well as detection of persons in relation of which there are restrictions on entry to the Republic of Kazakhstan and departure from the Republic of Kazakhstan established by the Laws of the Republic of Kazakhstan;
      2) verification of existence of permissive marks of controlling bodies for the purpose of determining legality of transfer of transport vehicles, cargos and goods through the State Border, detection and suppression of violations of procedure for crossing the State Border;
      3) examination of transport vehicles, cargos and goods, in necessary cases – special (in depth examination), for the purpose of detection and detention of violators of the procedure for crossing the State Border;
      4) examination of persons in existence of signs of violating the procedure for crossing the State Border;
      5) accompaniment of transport vehicles from the places of crossing of the State Border to crossing points or from the crossing points to the places of crossing of the State Border.
      3. Conduct of frontier control outside crossing points shall not be allowed, with the exception of cases provided by Article 22 of this Law.

Article 24. Entry, temporary stay, residence, movement in frontier belt and carrying out of flights over frontier belt

      1. Entry to frontier belt, temporary stay, residence or movement in there of persons without permission of the National Security Committee of the Republic of Kazakhstan shall be prohibited.
      2. Entry of persons to frontier belt shall be carried out at the places established for this in existence of documents certifying identity and special passes issued by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      3. Pass of heads of local executive and other state bodies to frontier belt upon their performance of official duties shall be carried out at the places established for this in existence of documents certifying identity.
      4. Flights of aerial vehicles not performing international flights shall be prohibited in air space over frontier belt with the exception of flights performed by aviation of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, aviation of other authorized bodies upon fulfillment of the tasks assigned on them. Flights of aviation of authorized bodies in frontier belt shall be carried out upon authorization of the Ministry of Defence of the Republic of Kazakhstan in coordination with the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      5. Restrictions provided by paragraphs 1 and 4 of this Article shall be also in force in a belt of the place from outer boundary of the frontier belt to the barrier of engineering constructions and obstacles of the Frontier Service of the National Security Committee, as well as in air space over it.
      6. Flights of aerial vehicles not performing international flights shall be performed in the air space over other territory of frontier space upon authorization of the Ministry of Defence of the Republic of Kazakhstan with notifying the Frontier Service of the National Security Committee of the Republic of Kazakhstan.

Article 25. Carrying on of economic, commercial or other activity, conduct of public and political, cultural or other measures on the State Border and in frontier belt

      1. For carrying on of economic, commercial or other activity, conduct of public and political, cultural or other measures on the State Border and in frontier belt, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall issue passes for entry and stay in frontier belt in the manner determined by the Government of the Republic of Kazakhstan.
      Frontier Service of the National Security Committee of the Republic of Kazakhstan may introduce restrictions or temporary suspend the force of passes in accordance with this Law in recognition of interests of protecting the State Border.
      2. Upon introduction of submissions to the Frontier Service of the National Security Committee of the Republic of Kazakhstan to receipt of pass, the individuals and legal entities shall introduce details on nature, place, participants, time of performance of works or conduct of measures, used commercial and other vessels, transport and other technical equipment, and in necessary cases – place and time of crossing of the State Border, if it is specified in international treaties of the Republic of Kazakhstan with neighboring state.
      3. Economic, commercial or other activity, public and political, cultural or other measures, carried out (conducted) on the State Border and in frontier belt shall not:
      1) inflict damage to national security of the Republic of Kazakhstan, neighboring states or contain a treat of inflicting damage;
      2) create obstacles for maintenance of the State Border and performance of tasks by the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      3) violate established order on the State Border.
      4. Hunting in frontier belt for the purpose of trading shall be prohibited. Mentioned restriction shall be also in force at the place of area from outer boundary of frontier belt to the line of engineering and technical equipment of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      5. Upon recommendation of local executive bodies, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall establish the places of producing the water, bathe, live watering intake in the waters of frontier rivers, lakes and other bodies of water being in the frontier belt where temporary suspension of action of regime restrictions is allowed in existence of positive environment impact assessment and conformity of water sources with sanitary and epidemiological requirements.

Article 26. Quarantine belt

      1. For the purpose of non-admission of transferring contagious diseases immediately along the State Border, the quarantine belt shall be built up.
      2. Maintenance of quarantine regime within quarantine belt shall be determined in the manner provided by the legislation of the Republic of Kazakhstan.

Article 27. Resolution of frontier incidents

      1. Resolution of frontier incidents shall be carried out in the manner established by the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      2. Resolution of frontier incidents shall be reached by unilateral or investigations joint with neighboring state, consideration of frontier incidents at the meetings of frontier representatives of the Republic of Kazakhstan and neighboring state.
      3. For exchange of information, the points of exchange of correspondence shall be established on the State Border.
      4. Joint investigation on frontier incidents and other meetings of frontier representatives shall be conducted in contact points of frontier representatives. In case of necessity, mentioned activity may be organized immediately at the place of frontier incident.
      5. Activity on resolution of frontier incidents shall be carried out by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      Upon resolution of frontier incidents in air space, the representatives of the Armed Forces of the Republic of Kazakhstan shall be engaged as experts.
      6. Upon resolution of frontier incidents, the Frontier Service of the National Security Committee of the Republic of Kazakhstan may engage forces and efforts of other authorized bodies for investigation.
      7. Frontier incidents not regulated by the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be resolved by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Article 28. Frontier representatives

      1. Frontier representatives are governed by international treaties of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan in their activity.
      2. Activity of frontier representatives is one of the forms of international cooperation and is oriented to development of friendly relations of the Republic of Kazakhstan with neighboring states.

Article 29. Violation of regime of the State Border

      1. Violation of regime of the State Border shall be recognized as non-compliance with established procedure for:
      1) maintenance of the State Border (with the exception of field of the State Border on Caspian Sea);
      2) crossing of the State Border;
      3) pass of persons, transport vehicles, cargos and goods through the State Border;
      4) departure, temporary stay, residence, movement in frontier belt and carrying out of flights over frontier belt;
      5) carrying on economic, commercial or other activity, conduct of public and political, cultural or other measures on the State Border and in frontier belt;
      6) resolution of frontier incidents linked with violation of the State Border with foreign states.
      2. Any unauthorized violation of established procedure for crossing of the State Border by persons and transport vehicles is the violation of the State Border.

Article 30. Violators of the State Borders

      Violators of the State Border shall be recognized:
      1) persons crossed or trying to cross the State Border by any method beyond the crossing points or in crossing points, but with violation of established procedure for its crossing;
      2) persons entered or trying to enter into Kazakhstani or foreign transport vehicles of foreign travelling for the purpose of illegal entry departure from the Republic of Kazakhstan;
      3) foreign non-military ships and war ships entered into territorial waters (sea) or internal waters, as well as in Kazakhstani part of waters of frontier rivers, lakes and other bodies of water in violation of established procedure for entry into these waters, as well as foreign submarine ships and other submarine facilities (objects) in case of their crossing of the State Border in submerged condition or being in this position during sailing and stay in waters of the Republic of Kazakhstan;
      4) aerial vehicles and other flight facilities, as well as pilotless vehicles crossed the State Border in violation of established procedure, as well as violated established rules of using the air space upon travelling from the State Border to airports or aerodromes of destination or transit flight through the air space of the Republic of Kazakhstan;
      5) other persons and other facilities crossed or trying to cross the State Border without proper permission or in violation of established procedure.

Chapter 4. REGIME IN CROSSING POINTS

Article 31. Regime in crossing points

      1. This Law establishes regime in crossing points – procedure for entry of persons, transport vehicles into points of crossing, stay, movement and departure from them, import, locating, transfer, export of cargos and goods.
      2. Territory of crossing point is restricted territory.
      3. Regime in crossing points shall exclude possibility of:
      1) illegal crossing of the State Border by persons, transport vehicles, cargos and goods;
      2) access of third persons to closed places, premises (objects) in crossing points, as well as transport vehicles of foreign travelling.
      4. Regime control in crossing point shall be carried out by the Frontier Service of the National Security Committee of the Republic of Kazakhstan and is to conduct verification and other measures on compliance with procedure for entry, stay, movement, departure of persons and transport vehicles; import, locating, transfer, export of cargos and goods in crossing point.

Article 32. Procedure for entry, departure of persons and transport vehicles, import, export of cargos and goods in crossing points

      1. Entry, departure of persons and transport vehicles, import, export of cargos and goods in crossing points shall be carried out in established places in existence of documents of persons for the right to entry in the Republic of Kazakhstan or departure from the Republic of Kazakhstan, as well as documents relating to transport vehicles.
      2. Entry to crossing points of military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, servants of customs and other bodies, transport organizations, engaged in drawing up and servicing of persons, transport vehicles, cargos and goods shall be carried out on passes issued:
      1) in railway, automobile, marine and river crossing points – by the Frontier Service of the national Security Committee of the Republic of Kazakhstan;
      2) in aviation crossing points – by the authorized body in the scope of civil aviation in coordination with the Frontier Service of the national Security Committee of the Republic of Kazakhstan.
      3. Authorization-based procedure for entry, departure in crossing points (on the basis of special passes) shall be established in respect of official vehicle of abovementioned bodies and organizations.

Article 33. Procedure for stay, movement of persons and transport vehicles, locating and transfer of cargos and goods in crossing points

      1. In coordination with customs and other bodies, as well as transport organizations carrying out the activity in crossing point within their competence, Frontier Service of the National Security Committee of the Republic of Kazakhstan shall:
      1) determine scheme of movement of persons and transport vehicles, transfer of cargos and goods in crossing point, as well as procedure for movement and places of parking points for official vehicle;
      2) establish procedure for access in premises and other places where frontier and other types of control are carried out, as well as on transport vehicles of foreign tarvelling;
      3) develop measures and ensure control of fulfillment of regime established in crossing point.
      2. Places and parking periods in crossing points (except for automobile parking points) of transport vehicles of foreign travelling shall be determined by administration of transport organizations in coordination with the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      3. Transport vehicles of foreign travelling shall begin movement for departure from the territory of crossing point, and equally change the place of parking point only upon authorization of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      4. Access of persons to transport vehicles, as well as of foreign travelling to cargos and goods, transferred in crossing points during the period of carrying out of frontier and other types of control shall be prohibited.
      5. Landing (boarding) of passengers in transport vehicles of foreign travelling upon their departure or arrival in crossing point shall be carried out upon authorization of the Frontier Service of the national Security Committee of the Republic of Kazakhstan, and loading (discharging) of cargos and goods shall be performed upon authorization of customs bodies of the Republic of Kazakhstan in coordination with the Frontier Service of the National Security Committee of the Republic of Kazakhstan.

Article 34. Examination of transport vehicles, cargos and goods

      1. Examination of transport vehicles, cargos and goods shall be conducted in established and specially equipped places (at any time of day, in necessity independently from time of departure of transport vehicle established by transport organization, as well as repeatedly) by the Frontier Service of the National Security Committee of the Republic of Kazakhstan jointly with customs bodies of the Republic of Kazakhstan.
      2. Examination of transport vehicles, cargos and goods on the State Border with the states-members of Customs Union shall be carried out by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      3. Stamped (sealed) carriages, containers, automobiles, holds and other premises of transport vehicles, as well as cargos and goods on which special passes are drawn up, shall be opened upon request of the Frontier Service of the National Security Committee of the Republic of Kazakhstan jointly with customs bodies of the Republic of Kazakhstan for examination in cases, if integrity of package, seals, stamps is broken, as well as in existence of signs of concealing of third persons in there.

Article 35. Access of separate categories of persons to crossing points

      1. Servants of diplomatic representatives and consular institutions, as well as representatives of international organizations equated to them, accredited in the Republic of Kazakhstan shall be allowed to premises and other places in crossing points where frontier and other types of control are carried out, in existence of passes issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan.
      2. Ambassadors of foreign states in the Republic of Kazakhstan shall be allowed to mentioned regime zones on the basis of accredited certificates.
      3. Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, servants of customs and other bodies, transport organizations having passes of standard form, but not engaged in organization and control of service, as well as in shift on drawing up and servicing of persons, transport vehicles, cargos and goods shall be prohibited to be in the territory of crossing point.
      4. Citizens of the Republic of Kazakhstan arrived to crossing points that lost documents for the right to entry to the territory of the Republic of Kazakhstan during stay abroad shall be remained in crossing points on a voluntary basis for the period required for establishment of their identity. Procedure for their maintenance in crossing points shall be determined by the National Security Committee of the Republic of Kazakhstan.
      5. In case when identity of a citizen of the Republic of Kazakhstan arrived to crossing point may not be confirmed, he (she) shall be subject to transfer to bodies of internal affairs of the Republic of Kazakhstan on territoriality.
      Upon request of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, bodies of internal affairs of the Republic of Kazakhstan shall inform about adopted decision in relation to mentioned citizens of the Republic of Kazakhstan.

Article 36. Obligations of customs and other bodies, transport organizations carrying out activity in crossing points, on questions of maintenance of established regime

      1. Servants of transport organizations participated in international carriages, as well as owners of transport vehicles shall be obliged to:
      1) take measures to non-admission of entering on transport vehicles of third persons, carrying of unauthorized cargos and goods on them;
      2) open stamped (sealed) carriages, containers, automobiles, holds and other premises of transport vehicles, as well as cargos and goods upon stay in crossing point, upon request of the National Security Committee of the Republic of Kazakhstan for examination. In crossing points where there is subdivision of customs bodies, opening shall be performed in the presence of their representatives;
      3) notify passengers on arrival to crossing point and coming frontier control, limit movement of passengers on transport vehicle, inform representatives of the National Security Committee of the Republic of Kazakhstan on number of passengers and their behavior in path of travel.
      2. Heads of customs and other bodies, transport organizations carrying out the activity in crossing point shall notify the Frontier Service of the National Security Committee of the Republic of Kazakhstan:
      1) on employees remained after the end of work;
      2) on persons dismissed from work or suspended from fulfillment of obligations in crossing point, with representation of passes withdrawn from them within twenty four hours after their dismissal, transfer to other office or area of work or creation of other circumstances.

Article 37. Economic and other activity in crossing points

      List of types of economic and other activity carried out in crossing points shall be established by the Government of the Republic of Kazakhstan.

Article 38. Violation of the regime in crossing points

      Non-compliance of persons, transport vehicles, import, stay, movement, export of cargos and goods with procedure for entry to points of crossing, stay, movement and departure from them established in accordance with this Law shall be recognized as violation of the regime in crossing points.

Chapter 5. FRONTIER REGIME

Article 39. Frontier zone

      1. Within the territory of near-border administrative and territorial entities, the Government of the Republic of Kazakhstan shall establish frontier zone in which the frontier regime determined by this Law is in force.
      2. Frontier regime – established procedure for entry, temporary stay, residence or movement, conduct of public and political, cultural or other activities in frontier zone.
      3. Main designation of frontier regime is to ensure established procedure in the frontier zone by creation of necessary conditions for protection of the State Border.
      4. At the entrance to frontier zone, the Ministry of Transport and Communications of the Republic of Kazakhstan shall establish traffic (information) signs.
      5. In frontier zone, land lines (fields) being used for management and maintenance of engineering and technical constructions and obstacles, communications, crossing points and other objects of infrastructure of the State Border shall be allocated in permanent use of the Frontier Service of the National Security Committee of the Republic of Kazakhstan without compensation in the manner established by the Laws of the Republic of Kazakhstan.
      6. Upon recommendations of local executive bodies coordinated with the National Security Committee of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan, the list of near-border territories included in frontier zone where the Government of the Republic of Kazakhstan may exclude or suspend the force of separate regime limits shall be established.
      7. Control of frontier regime shall be carried out by the Frontier Service of the National Security Committee of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan.

Article 40. Entrance to frontier zone

      1. Entrance of citizens of the Republic of Kazakhstan to frontier zone shall be carried out on documents confirming identity.
      2. Entrance of foreign persons and stateless persons to frontier zone shall be carried out on documents confirming identity and passes for entrance to frontier zone, issued by the Ministry of Internal Affairs of the Republic of Kazakhstan in the manner determined by the Government of the Republic of Kazakhstan.
      3. In case of travel of foreign persons and stateless persons on the ways of international railway and automobile communications to the crossing point for the purpose of departure from the Republic of Kazakhstan, their entrance to frontier zone shall be performed on documents certifying identity. Change of a route of travel by this category of persons shall be prohibited.

Article 41. Temporary stay, residence and movement in frontier zone

      1. Persons being in frontier zone shall carry the documents certifying identity all the time, as well as permissive documents mentioned in Article 40 of this Law.
      2. Foreign persons (inhabitants of frontier districts of neighboring states) entered to the Republic of Kazakhstan through the simplified crossing points shall move in frontier zone on the documents certifying identity and special passes issued by the Frontier Service of the National Security Committee of the Republic of Kazakhstan, if that is provided by international treaties of the Republic of Kazakhstan with neighboring state.
      3. Control of entrance, temporary stay, residence and movement in frontier zone shall be imposed on the Frontier Service of the National Security Committee of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan that establishes the places for entrance to frontier zone on agreement.

Article 42. Conduct of public and political, cultural or other activities in frontier zone

      1. Conduct of public and political, cultural or other measures in frontier zone shall be carried out with notification of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Notification shall be introduced by immediate organizer of the planned measure and shall contain details on nature, place, time and number of its participants.
      3. Frontier Service of the National Security Committee of the Republic of Kazakhstan shall have the right to introduce representations to local executive or other authorized bodies, as well as immediate organizer of measure on taking additional measures, oriented to elimination of reasons and conditions enabling commission of infractions in frontier zone.

Article 43. Violation of frontier regime

      Non-compliance with procedure for entrance (passage), temporary stay or movement, carrying on economic, commercial or other activity, conduct of public and political, cultural or other activities in frontier zone established in accordance with this Law shall be recognized as violation of the frontier regime.

Chapter 6. REGIME OF TERRITORIAL WATERS (SEA) AND INTERNAL WATERS

Article 44. Regime of territorial waters (sea) and internal waters

      1. Within territorial waters (sea) and internal waters, the regime of territorial waters (sea) and internal waters shall be in force and establish procedure for:
      accounting, maintenance, departure from mooring places and return points to the mooring places, stay points on water of Kazakhstani undersizedself-propelled and non-propelled (surface and submarine)vessels (facilities) and ice vehicles in territorial waters (sea) and internal waters;
      sailing (operation) in territorial waters (sea) and internal waters of Kazakhstani vessels, foreign vessels and war ships, ice vehicles;
      carrying on of commercial, research, prospecting or other activity in territorial waters (sea) and internal waters, as well as oriented to preservation of natural mineral or living resources of continental shelf.
      2. Regime of territorial waters (sea) and internal waters shall be established by this Law and international treaties ratified by the Republic of Kazakhstan.
      3. Main designation of regime of territorial waters (sea) and internal waters is creation of required conditions for protection of the State Border.

Article 45. Accounting of undersizedself-propellingand non-propelling(surface and submarine) vessels (facilities) and ice vehicles

      1. Kazakhstani undersized self-propellingand non-propelling(surface and submarine) vessels (facilities) and ice vehicles used in territorial waters (sea) and internal waters shall be accounted by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Accounting of vessels and ice vehicles shall not apply to war ships and other vessels of Naval Establishment of Armed Forces of the Republic of Kazakhstan and the frontier Service of the National Security Committee of the Republic of Kazakhstan, Kazakhstani undersized vessels and ice vehicles belonged to authorized bodies performing the tasks within their competence in territorial waters (sea) and internal waters, as well as belonged to organizations upon performance of international carriage, attached to the relevant marine or river ports and passed state registration in the manner established by the legislation of the Republic of Kazakhstan.
      3. Kazakhstani undersized self-propellingand non-propelling(surface and submarine) vessels (facilities) and ice vehicles on which the citizens arrive to Caspian Sea seaside, banks of frontier rivers, lakes and other bodies of water protected by the Frontier Service of the National Security Committee of the Republic of Kazakhstan, shall be placed on temporary registration by the Frontier Service of the National Security of the Republic of Kazakhstan.

Article 46. Maintenance of undersized self-propellingand non-propelling(surface and submarine) vessels (facilities) and ice vehicles

      1. Kazakhstani undersized self-propellingand non-propelling (surface and submarine) vessels (facilities) and ice vehicles shall be attached to the relevant quays, berths, mooring places or at the place of their maintenance and have permanent parking point.
      2. National Security Committee of the Republic of Kazakhstan in relation of separate types of Kazakhstani undersized self-propellingand non-propelling (surface and submarine) vessels (facilities) and ice vehicles shall establish the other procedure for maintenance, on which registering documents of owner shall be specially stamped.
      3. For identifying Kazakhstani undersized self-propelling and non-propelling (surface and submarine) vessels and facilities and ice vehicles, owners shall sign assigned registering numbers and inscriptions on board bow side and stern. For identifying from the air, the numbers shall be also signed on top part of sail, and in its existence – on specially equipped platform in bow side.
      Mentioned requirement shall apply to their staff and non-staff life-saving equipment (lifeboats, ring buoys, safety-belts).

Article 47. Quays, berths and mooring places of undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles

      1. Quays, berths and mooring places of undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles on Caspian Sea seaside, banks of frontier rivers, lakes and other bodies of water shall be built up by organizations on the basis of permits of the relevant local executive bodies coordinated with the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Quays, berths and mooring places shall have:
      1) fence that excludes the possibility of access of third persons to the territory;
      2) brace for undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles kept on water and coast, as well as places for their storage;
      3) special premises for storage of sails and oars;
      4) premises for security;
      5) communication facilities with the relevant subdivision of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      3. Heads of organizations – owners of quays, berths and mooring places shall be obliged to ensure their proper equipment, protection and communication facilities with the relevant subdivision of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.

Article 48. Access to territorial waters (sea) and internal waters of Kazakhstani undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles

      1. Access to territorial waters (sea) and internal waters of Kazakhstani self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles shall be performed on the basis of passes issued by the Frontier Service of the National Security Committee of the Republic of Kazakhstan, unless other procedure established by this Law, in the manner determined by the Government of the Republic of Kazakhstan.
      2. Upon introduction of representations to the Frontier Service of the National Security Committee of the Republic of Kazakhstan for receipt of passes, individuals and legal entities shall introduce details on purposes, time and route (districts) of access to territorial waters (sea) and internal waters of undersized self-propelled and non-propelled (surface and submarine) vessels (facilities) and ice vehicles, their type and registering numbers, as well as places of attachment. Introduced representations shall be coordinated with territorial subdivisions of the National Security Committee of the Republic of Kazakhstan and internal affairs bodies of the Republic of Kazakhstan.
      3. Upon conduct of search activity in frontier space, the Frontier Service of the National Security Committee shall have the right to introduce restrictions or suspend the force of passes on a temporary basis, about which the state and local executive bodies shall be notified.
      4. Access to territorial waters (sea) and internal waters of Kazakhstani undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles shall be permitted only in day time with return before dark on quay, berths and mooring places at the place of their attachment or to the seaside, if in respect of these vessels (facilities) the other procedure for maintenance is not determined.
      5. Self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles of other authorized bodies (except for Armed Forces of the Republic of Kazakhstan) performing the tasks within their competence in territorial waters (sea) and internal waters, shall notify the Frontier Service of the National Security Committee of the Republic of Kazakhstan about own departure before the departure to mentioned water areas at any time.
      6. Upon recommendations of local executive bodies and organizations coordinated with territorial bodies of the national security and internal affairs of the Republic of Kazakhstan, the National Security Committee shall establish the list of fields of the Caspian Sea seaside on an annual basis, where force of regime restrictions shall be suspended – free access to the sea at a distance up to two miles, sailing and (or) operation of Kazakhstani undersized self-propelled and non-propelled (surface and submarine) vessels and ice vehicles in marked water body, used by individuals and legal entities for the rest, tourism and sport.
      7. Accounting control of the maintenance, access (release) to territorial waters (sea) and internal waters, return to mooring places of undersized self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles shall be imposed on the Frontier Service of the National Security Committee.

Article 49. Procedure for sailing (operation) in territorial waters (sea) and internal waters of Kazakhstani self-propelling and non-propelling (surface and submarine) vessels (facilities) and ice vehicles

      1. Sailing and (or) operation in territorial waters (sea) and internal waters of Kazakhstani self-propelled and non-propelled (surface and submarine) vessels (facilities) and ice vehicles, as well as undersized vessels shall be allowed only in permitted or established (determined) districts or in accordance with established traffic schemesensured by navigational and hydrographical equipment. They shall be prohibited as follows:
      1) withdraw beyond permitted or established (determined) district, deviation from established traffic schemes, calling to the district prohibited for sailing or the district temporary dangerous for sailing, as well as to safety zone established around artificial island, establishment or construction, if it is announced in notices for sailors about such district or zone;
      2) stoppage, landing (boarding) of persons, discharging (loading) of any cargos and goods, putting afloat or taking of any floating equipment on board, levitation, landing or taking of any flight facility on board, as well as pilotless vehicle, unless other procedure is specified by this Law and other Laws of the Republic of Kazakhstan.
      2. Ships and motor boats of the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be allowed to sail in territorial waters (sea) and internal waters at night time without installed lights. In these cases, commanders of ships and motor boats shall be obliged to take measures excluding possibility of collision with other vessels (facilities), creation of other emergency situations.
      3. In particular districts of territorial waters (sea),authorized bodies shall restrict sailing of Kazakhstani self-propelled and non-propelled (surface and submarine) vessels (facilities) and ice vehicles, as well as undersized vessels about which notification in notices for sailors shall be given.

Article 50. Procedure for sailing (operation) of foreign vessels (facilities) and ice vehicles of foreign war ships

      1. Requirement of Articles 45, 46, 48, 49, 52 of this Law shall apply to foreign self-propelling and non-propelling (surface and submarine) vessel (facility), ice vehicles that shall be operated temporarily in territorial waters (sea) and internal waters.
      2. Foreign self-propelling and non-propelling (surface and submarine) vessels (facilities), as well as foreign war ships carrying out passage through territorial waters (sea) shall comply with generally accepted rules of international law, international treaties and legislation of the Republic of Kazakhstan.
      3. In case of violation of procedure for sailing in territorial waters (sea) established by the Republic of Kazakhstan by foreign war ship, the Frontier Service of the National Security Committee of the Republic of Kazakhstan and Armed Forces of the Republic of Kazakhstan shall request it to leave territorial waters (sea) without undue delay.

Article 51. Carrying on commercial, research, prospecting or other activity in territorial waters (sea) and internal waters, as well as oriented to preservation of mineral or living resources of continental shelf

      1. Carrying on of commercial, research, prospecting or other activity in territorial waters (sea) and internal waters, as well as oriented to preservation of mineral or living resources of continental shelf shall not inflict a harm to economic, environment, defense and other safety of the Republic of Kazakhstan or contain a threat of inflicting such harm, as well as create obstacles for performance of tasks by the Frontier Service of the National Security Committee of the Republic of Kazakhstan and other authorized bodies.
      2. Upon introduction of representations to the Frontier Service of the National Security Committee of the Republic of Kazakhstan for access to territorial waters (sea), the state bodies of the Republic of Kazakhstan and organizations intended to conduct marine scientific researches and (or) prospecting activity in territorial waters (sea), shall provide full information beside details mentioned in paragraph 2 of Article 48 of this Law on:
      1) nature and purposes of project;
      2) methods and funds that will be used including name, type and class of vessels, description of scientific equipment;
      3) precise geographic data by districts in which the project will be carried out;
      4) date of arrival and departure of research vessels or in the relevant cases of placement and removal of equipment;
      5) names of organization, head or person liable for the project.
      3. Hydrographical ensuring service of Naval Establishment of Armed Forces of the Republic of Kazakhstan shall be notified on coming marine scientific researches and (or) prospecting activity in territorial waters (sea) no less than ten calendar days until the date of beginning of works.
      4. Access to territorial waters (sea) and internal waters, as well as on ice fishery of non-professional fishermen, tourists, sportsmen shall be carried out on general basis in accordance with the procedure established by this Law.
      5. Control of carrying on of commercial, research, prospecting or other activity in territorial waters (sea) and internal waters, as well as oriented to preservation of mineral or living resources of continental shelf shall be imposed on the Ministry of Agriculture of the Republic of Kazakhstan, Ministry of Environment that carry out their activity jointly with the National Security Committee of the Republic of Kazakhstan, Ministry of Internal Affairs of the Republic of Kazakhstan and Ministry of Defense of the Republic of Kazakhstan.

Article 52. Violation of regime of territorial waters (sea) and internal waters

      1. Violation of regime of territorial waters (sea) and internal waters shall be recognized as violation of procedure as follows established by this Law:
      1) accounting, maintenance, withdrawal from mooring places, stay points on water of Kazakhstani undersizedself-propelling and non-propelling (surface and submarine)vessels (facilities) and ice vehicles in territorial waters (sea) and internal waters;
      2) carrying on commercial, research, prospecting or other activity in territorial waters (sea) and internal waters, Kazakhstani part of the waters of frontier rivers, lakes and other bodies of water.
      2. In case of detection of infractions linked with violation of regime of territorial waters (sea) and internal waters, the Frontier Service of the National Security Committee of the Republic of Kazakhstan, as well as other authorized bodies mentioned in this chapter shall apply necessary measures for termination of the activity in accordance with this Law.

Chapter 7. REGIME OF CONTINENTAL SHELF

Article 53. Regime of continental shelf

      1. Regime of continental shelf – procedure for carrying out of activity linked with prospecting and resource development of sea bottom and subsoil, creation and use of artificial islands, installations and constructions, their conservation and dismantling, burial of wastes and other materials, as well as conduct of marine scientific researches on continental shelf shall be established within the continental shelf.
      2. Regime of continental shelf shall be established by the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      3. Rules of regime of continental shelf shall be approved by the Government of the Republic of Kazakhstan.
      4. Main purpose of the regime of continental shelf is to ensure established procedure for carrying out of activity linked with prospecting and resource development of the continental shelf.
      5. Control of compliance with regime of continental shelf shall be imposed on authorized body on study and use of subsoil and Frontier Service of the National Security Committee of the Republic of Kazakhstan.

Article 54. Violation of regime of continental shelf

      1. Violation of procedure for carrying out of activity on continental shelf linked with prospecting and resource development of marine bottom and subsoil, creation and use of artificial islands, installments and constructions, their conservation and dismantling, burial of wastes and other materials, as well as conduct of marine scientific researches shall be recognized as violation of regime of continental shelf.
      2. In case of detection of infractions linked with violation of regime of continental shelf, the authorized body on study and use of subsoil and the National Security Committee of the Republic of Kazakhstan shall apply necessary measures for termination of illegal activity in accordance with this Law.

Chapter 8. COMPETENCE OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN, OTHER STATE BODIES OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF PROTECTION OF STATE BORDER

Article 55. Competence of the Government of the Republic of Kazakhstan

      Government of the Republic of Kazakhstan shall:
      1) issue regulatory legal acts on the issues of safety ensuring of the State Border;
      2) determine procedure for establishment of infrastructure of the State Border;
      3) determine the rules of categorization of the State Border;
      4) establish the limits of frontier belt, quarantine belt and frontier zone;
      5) determine procedure for issuance of passes for entrance and stay in frontier belt;
      6) establish base lines for calculation of the width of territorial waters (sea) of the Republic of Kazakhstan on Caspian Sea, as well as geographical points (with specification of main geodesic data) for determination of outer limit of territorial waters (sea);
      7) introduce temporary restrictions or terminate crossing of the State Border on its separate fields;
      8) adopt decision on establishment of quarantine zone with introduction of quarantine regime or its cancellation in territories of two and more oblasts;
      9) determine the rules of opening (closing), functioning (operation), categorization, classification and organization of work of crossing points, service infrastructure;
      10) approve the list of crossing points;
      11) establish requirements to designation and equipment of the space intervals of international railway and automobile communication from the State Border to crossing points, procedure for travelling on them, as well as requirements to equipment of Kazakhstani part of perimeter of international centre of near-border cooperation located on the State Border;
      12) determine procedure for issuance of permits for repeated crossing of the State Border by Kazakhstani vessels for carrying on of fishing activity in territorial waters (sea), internal waters and on continental shelf, dimensional rangesand time limits of validity of permits, as well as procedure for carrying out of control of mentioned vessels;
      13) establish the list of near-border territories included in frontier zone where validity of separate restrictions included in frontier regime may be excluded or suspended upon recommendation of local executive bodies, coordinated with the National Security Committee of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan;
      14) establish the list of types of economic and other activity carried out in crossing points;
      15) determine the forms, amounts, description, construction and procedure for installment of border marks;
      16) establish sea corridors and traffic separation schemes in territorial waters (sea);
      17) approve provision on the State Border Commission and organize its activity;
      18) approve the rules of attracting citizens to protection of the State Border within frontier space;
      19) carry out other powers provided by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 130-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 56. Competence of the National Security Committee of the Republic of Kazakhstan

      National Security Committee of the Republic of Kazakhstan shall:
      1) carry out management by the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      2) ensure defense and protection of the State Border within own powers on land, in territorial waters (sea) and internal waters, on continental shelf and in crossing points, ensure protection of interests of person, society and state on the State Border;
      3) organize and ensure intelligence, counterintelligence and operational-investigative activity oriented to ensuring of frontier safety of the Republic of Kazakhstan within its competence;
      4) develop and accept regulatory legal acts governing the activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan on organization and carrying out of defense and protection of the State Border;
      5) participate in delimitation, demarcation and redemarcation of the State Border, preparation of required documents and materials for the purpose of establishment of regime of the State Border;
      6) organize and govern the activity of frontier representatives;
      7) carry out analysis and forecasting of political, social and economic and criminogenic situation in frontier space and on channels of international communications;
      8) carry out preliminary investigation and proceeding on cases related to its conduct, take participation in clarification of circumstances of infractions and verification of persons detained in frontier space in accordance with criminal procedure legislation of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan on administrative infractions;
      9) approve the rules on protection of the State Border of the Republic of Kazakhstan;
      10) approve the rules on protection of the State Border of the Republic of Kazakhstan in crossing points;
      11) approve the rules on military administration of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      12) approve the rules of planning in the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      13) approve provision on composition of duty forces and facilities in subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan performing the task immediately on protection of the State Border of the Republic of Kazakhstan;
      14) approve regulation for senior of border squads of the Frontier Service of the National Security committee of the Republic of Kazakhstan;
      15) approve the rules of organization of psychological and moral support of official combat activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      16) approve the rules on staff duty of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      17) approve the rules of operational cover of the State Border of the Republic of Kazakhstan;
      18) approve the rules of conducting intelligence activity by military patrols of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      19) approve the operating rules of technical equipment of protecting the State Border of the Republic of Kazakhstan;
      20) approve instruction on state estimation of engineering and technical equipment of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      21) approve the rules on ensuring, organizing, operating and accounting of missile and artillery armament and ammunition in bodies, educational institutes and structural subdivisions of the National Security Committee of the Republic of Kazakhstan;
      22) approveregulation forstandards of maintenance and expenditure of spare parts, instrument, accessory, equipment of calibres, wiping and lubricating and other materials intended for repair, technical maintenance and operation of missile and artillery armament of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      23) approve the rules of categorization of missile and artillery armament in bodies of national security of the Republic of Kazakhstan;
      24) approve instruction on categorization of ammunition and antitankself-propelled projectiles of guided type in bodies of national security of the Republic of Kazakhstan;
      25) approve the rules on creation of bullet and shell casing repository in bodies of national security of the Republic of Kazakhstan;
      26) approve the rules on organization of auto technical assistance in the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      27) approve the requirements to assembling and equipment of integrated safety system on regime objects of bodies of national security committee of the Republic of Kazakhstan;
      28) approve the rules of detention of persons subject to administrative infraction in specially equipped premises;
      29) approve the rules of protection and ensuring of fire safety of regime objects and storage places of artillery material equipment in bodies of national security of the Republic of Kazakhstan;
      30) approve the rules of subsistence support of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      31) approve the rules of organization of educational and publishing activity in educational institutes of the National Security Committee of the Republic of Kazakhstan;
      32) approve the rules of material support of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      33) approve the rules of ensuring of the Frontier Service of the National Security Committee of the Republic of Kazakhstan by fuel and lubrication materials;
      34) approve the rules on veterinary support of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      35) approve the rules of barrack services of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      36) approve the rules of applying aviation of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in protection of the State Border, continental shelf and territorial waters (sea);
      37) approve the rules of applying frontier ships and motor boats on sea, rivers and other bodies of water of the Republic of Kazakhstan;
      38) approve the rules of organization of dog service and tracking in the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      39) approve the rules of organization of activity of frontier representatives of the Republic of Kazakhstan on the State Border;
      40) approve the rules of applying horses in the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      41) approve the rules of engineering assurance in the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      42) approve typical schemes of organization of passing the persons, transport vehicles, cargos and goods in crossing points through the State Border in coordination with customs bodies of the Republic of Kazakhstan and Ministry of Transport and Communications of the Republic of Kazakhstan;
      43) participate in the work of draft committees for the period of conducting calling of citizens to military service;
      44) carry out monitoring and selection of conscripts for the needs of the Frontier Service of the National Security Committee of the Republic of Kazakhstan on the basis of summary data represented by local bodies of military administration of the Republic of Kazakhstan;
      45) carry out other powers provided by the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 57. Competence of customs bodies of the Republic of Kazakhstan

      Customs bodies of the Republic of Kazakhstan shall:
      1) organize and conduct measures on protection of economic and other interests of person, society and state on the State Border;
      2) answer for organization of customs and other types of control within their competence, carry out drawing up of permissive documents for import in the Republic of Kazakhstan or export from the territory of the Republic of Kazakhstan of transport vehicles, cargos and goods;
      3) provide assistance to the Frontier Service of the National Security Committee of the Republic of Kazakhstan in ensuring of protection of the State Border in accordance with this Law and regulatory legal acts of the Republic of Kazakhstan;
      4) inform the Frontier Service of the National Security Committee of the Republic of Kazakhstan on the issues of ensuring of regime in crossing points, other details included in their competence;
      5) create infrastructure of automobile crossing points on external borders of Customs Union;
      6) carry out maintenance of engineering and technical constructions and obstacles, communications of crossing points being on a balance, as well as ensure operation and preservation of used equipment;
      7) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 58. Competence of the Ministry of Foreign Affairs of the Republic of Kazakhstan

      Ministry of Foreign Affairs of the Republic of Kazakhstan shall:
      1) coordinate activity of state bodies of the Republic of Kazakhstan on the issues linked with delimitation, demarcation and redemarcation, participate in negotiations on conclusion of agreements on regime of the State Border;
      2) carry out foreign political, international legal protection of the State Border;
      3) draw up documents for the right citizens of the Republic of Kazakhstan, foreign persons and stateless persons of entrance to the Republic of Kazakhstan and departure from the Republic of Kazakhstan within its competence;
      4) inform the Frontier Service of the National Security Committee on changes in frontier and visa policy of foreign states in respect of the Republic of Kazakhstan, procedure for passing through the state borders in other states, on conduct of delimitation, demarcation or redemarcation of the State Border with neighboring states;
      5) permit the issues of compliance with regime of the State Border and frontier incidents by diplomatic means and methods, not regulated by frontier representatives of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      6) carry out issuance of passes to servants of diplomatic representatives and consular institutions, as well as equated to them representatives of international organizations, accredited in the Republic of Kazakhstan, for access in premises and other places in crossing points where frontier and other types of control are carried out;
      7) carry out exchange of lists of frontier representatives with neighboring states;
      8) adopt decisions on use of funds for sending civil servants of authorized bodies abroad upon conduct of international measures on the issues of protection of the State Border;
      9) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 59. Competence of the Ministry of Internal Affairs of the Republic of Kazakhstan

      Ministry of Internal Affairs of the Republic of Kazakhstan shall:
      1) carry out control of entrance, temporary stay, residence and movement of persons in frontier zone on an independent basis or jointly with the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      2) determine procedure for issuance, carry out issuance of certificates of inhabitant of frontier zone to citizens of the Republic of Kazakhstan, foreign persons and stateless persons, permanently residing in frontier zone, as well as individual or collective passes for entrance in frontier zone to foreign persons and stateless persons not residing permanently in frontier zone;
      3) ensure public order upon conduct public and political, cultural and other measures in frontier zone and frontier belt;
      4) inform the Frontier Service of the National Security Committee of the Republic of Kazakhstan on condition of legal order in frontier space, persons left the place of residence upon unknown circumstances, criminal groups and persons having wrongfulaspiration in respect of the State Border and Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      5) provide assistance to the National Security Committee of the Republic of Kazakhstan in search for persons violated the State Border, and other law-breakers, as well as clarification and verification of circumstances of infractions;
      6) ensure participation of forces and facilities of bodies of internal affairs in protection of the State Border in cases and in the manner established by this Law and other Laws of the Republic of Kazakhstan;
      7) restrict on a temporary basis or prohibit access of citizens of the Republic of Kazakhstan, foreign persons and stateless persons on separate fields of area or objects located in frontier space upon recommendation of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      8) hold persons in detention, detained by the Frontier Service of the National Security Committee of the Republic of Kazakhstan in detention facilities, temporary detention facilities of bodies of internal affairs in accordance with the criminal procedure legislation of the Republic of Kazakhstan;
      9) participate in legal nurturing of population of the Republic of Kazakhstan, carry out preventive measures of infractions in frontier space on an independent basis or jointly with the National Security Committee of the Republic of Kazakhstan;
      10) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 60. Competence of the Ministry of Transport and Communications of the Republic of Kazakhstan

      Ministry of Transport and Communications of the Republic of Kazakhstan shall:
      1) create infrastructure of air, railway, marine (river) crossing points within own competence;
      2) establish traffic (information) signs on entrances to frontier zone;
      3) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 61. Competence of central authorized body on management of land resources

      Central authorized body on management of land resources shall:
      1) carry out control of presentation of the State Border on cartographic documents, ensure geodesic determination of border marks within own competence;
      2) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 62. Competence of local executive bodies and other state bodies of the Republic of Kazakhstan

      1. Local executive bodies of the Republic of Kazakhstan shall:
      1) issue regulatory legal acts oriented to creation of conditions for protection of the State Border within their competence;
      2) inform the Frontier Service of the National Security Committee of the Republic of Kazakhstan on the issues related to situation in frontier space;
      3) provide land plots for the needs of defense and protection of the State Border in accordance with the legislation of the Republic of Kazakhstan;
      4) provide assistance to authorized bodies carrying out protection of the State Border, consider and fulfill their representations and other acts of response provided by the legislation of the Republic of Kazakhstan;
      5) appoint responsible civil servants and organize activity of coordination councils on frontier issues, created under akimats of frontier districts (cities) with imposition of functions of coordination on them (in own territories) for fulfilling requirements of this Law, other regulatory legal acts in the field of protection of the State Border by bodies, organizations, public associations and citizens for operative resolution of issues of frontier safety ensuring of the Republic of Kazakhstan;
      6) create conditions for participation of citizens on voluntary basis in protection of the State Border;
      7) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan on behalf of local state administration.
      2. Other state bodies of the Republic of Kazakhstan shall provide assistance in protection of the State Border to the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan within their competence.

Article 63. Cooperationof authorized bodies participated in protection of the State Border

      1. Authorized bodies mentioned in Articles 56-62 of this Law shall interact with each other, implement joint measures and inform each other on the issues related to their competence upon fulfillment of the tasks imposed on them on protection of the State Border.
      2. Frontier Service of the National Security Service of the Republic of Kazakhstan, Ministry of Defense of the Republic of Kazakhstan shall:
      1) organize cooperation of own forces and forces of authorized bodies participated in protection of the State Border or carrying out own activity concerning the interests of protection of the State Border immediately on the State Border;
      2) carry out cooperation with the relevant state bodies of foreign states.

Chapter 9. FRONTIER SERVICE OF THE NATIONAL SECURITY COMMITTEE OF THE REPUBLIC OF KAZAKHSTAN

Article 64. Frontier service of the National Security Committee of the Republic of Kazakhstan

      1. Frontier Service of the National Security Committee of the republic of Kazakhstan is the authorized body carrying out defense and protection of the State Border on land, in territorial waters (sea) and internal waters (as well as in underwater environment) for the purpose of integrity and inviolability of the State Border, maintenance of legality and established procedure in frontier space.
      2. Frontier Service of the National Security Committee of the Republic of Kazakhstan shall have a flag, as well as naval ensign and identification marks used by Armed Forces of the Republic of Kazakhstan, and associations, unions and military units – standard type colors.
      3. Tasks of the frontier Service of the National Security Committee of the Republic of Kazakhstan are:
      1) ensuring of regime of the State Border and regime in crossing points;
      2) performance of obligations arising from international treaties of the Republic of Kazakhstan on the State Border, participation in its delimitation, demarcation and redemarcation;
      3) participation in solution of tasks of defense national security of the Republic of Kazakhstan;
      4) participation in protection of economic interests of the Republic of Kazakhstan on the State Border and continental shelf;
      5) carrying out of control on an independent basis or jointly with authorized bodies for compliance with established regimes in frontier zone, territorial waters (sea), internal waters and on continental shelf;
      6) assistance to law enforcement, environmental bodies of the Republic of Kazakhstan in protection of citizens, natural resources and environment, observance with migration legislation of the Republic of Kazakhstan in frontier space.
      4. Other tasks may be imposed on the Frontier Service of the National Security Committee of the Republic of Kazakhstan by other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 65. Activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan

      1. Frontier Service of the National Security Committee of the Republic of Kazakhstan shall carry out its activity on the basis of international treaties and legislation of the Republic of Kazakhstan on the State Border, in frontier space and upon performance of tasks on protection of foreign establishments of the Republic of Kazakhstan.
      2. Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be headed by a deputy of chairman of the National Security Committee of the Republic of Kazakhstan – Director of the Frontier Service, appointed to office and released from office by the President of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
      3. Structure of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, rights of Director of the Frontier Service and organization of activity of the Frontier Service shall be regulated by regulation on the Frontier Service of the National Security Committee of the Republic of Kazakhstan approved by the act of the President of the Republic of Kazakhstan.

Article 66. Obligations of the Frontier Service of the National Security Committee of the Republic of Kazakhstan

      Upon defense and protection of the State Border, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be obliged to:
      1) suppress any attempts of changing the crossing of the State Border, development of the territory of the Republic of Kazakhstan;
      2) participate in resolution of tasks on defense of the Republic of Kazakhstan within its competence, as well as in ensuring of emergency or military situation regimes;
      3) rebuff an armed invasion to the territory of the Republic of Kazakhstan, suppress armed and other provocations on the State Border, protect population, state and private property from mentioned penal incursions;
      4) prevent and suppress attempts of crossing of the State Border by persons and transport vehicles beyond established crossing points or in crossing points by illegal methods, detect and detain violators of the State Border and other law-breakers in frontier space;
      5) carry out pass of persons, transport vehicles, cargos and goods in established manner in existence of properly executed documents and upon types of control established in crossing point;
      6) ensure performance of regime of the State Border and regime in crossing points;
      7) control compliance with frontier regime, regime of territorial waters (sea) and internal waters, regime of continental shelf, organize control post service at the places of entrance to frontier zone on an independent basis or jointly with authorized bodies;
      8) carry out preventive measures within own competence;
      9) check documents of persons going through the State Border for the right of entrance to the Republic of Kazakhstan and departure from the Republic of Kazakhstan, mark them, seize such documents on a temporary basis, as well as seize invalid documents;
      10) restrict entrance of foreign persons and stateless persons to which the entrance to the Republic of Kazakhstan is not allowed in accordance with the Laws of the Republic of Kazakhstan, as well as foreign persons and stateless persons not fulfilled court decisions and regulations of authorized bodies on imposition of a penalty within the term established by the legislative acts of the Republic of Kazakhstan;
      11) not to pass the citizens of the Republic of Kazakhstan and other persons that lost their documents certifying identity with remaining in crossing points in the period of stay abroad or in the Republic of Kazakhstan until establishment of their identity;
      12) carry out detention and personal inspection in accordance with the Laws of the Republic of Kazakhstan;
      13) suspend, inspect and detain transport vehicles, admitted violation of established regimes in frontier space, deliver (convoy) them to location of subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan for clarification of circumstances of infraction;
      14) detain and seize explosive, poisonous, radioactive, narcotic substances, weapon, ammunition, other cargos and goods transferred through the State Border prohibited for import to the Republic of Kazakhstan or export from the Republic of Kazakhstan, as well as cargos and goods transferred by contraband in established manner on an independent basis or jointly with authorized bodies;
      15) provide assistance to Armed Forces of the Republic of Kazakhstan in protection of the State Border in air space;
      16) provide assistance to law enforcement and environment bodies of the Republic of Kazakhstan in protection of citizens, natural resources and environment in frontier space;
      17) build up engineering and technical equipment, constructions and obstacles of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in recognition of the ways of migration of wild animals under proposal of authorized state body in the field of protection, reproduction and use of animal world;
      18) carry out control of crossing of the State Border in underwater environment;
      19) use available means for identification (classification) of underwater objects in territorial waters (sea) and internal waters, as well as beyond them to the borders of foreign states upon occurrence of threat of illegal crossing or upon illegal crossing of the State Border;
      20) carry out anti-submarine and countersabotage measures in underwater environment on behalf of protection of the State Border;
      21) draw up minutes and conduct proceeding on the cases on administrative infractions related to its authority in accordance with the legislation of the Republic of Kazakhstan on administrative infractions;
      22) conduct inquest on cases related to its authority in accordance with the criminal procedure legislation of the Republic of Kazakhstan;
      23) carry out physical protection of foreign establishments, procedure for organizing and carrying out of which shall be determined by the Chairman of the National Security Committee of the Republic of Kazakhstan in coordination with the Ministry of Foreign Affairs of the Republic of Kazakhstan and authorized body in the scope of external intelligence.
      Physical protection of foreign establishments shall be carried out by military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan attached to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
      The list of foreign establishments of the Republic of Kazakhstan in which physical protection is ensured, shall be determined by the Government of the Republic of Kazakhstan;
      24) fulfill other obligations provided by this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 67. Rights of the Frontier Service of the National Security Committee of the Republic of Kazakhstan

      1. Within frontier space, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall have the right to:
      1) build up and install necessary engineering and technical equipment, constructions and obstacles;
      2) carry out construction of lines and communications, place and use technology and armament;
      3) participate in delimitation, demarcation and redemarcation of the State Border, necessary documents development and materials for the purpose of establishment of regime of the State Border with neighboring states;
      4) be in any fields of location (place border squads), as well as in the territories of specially protected and environmental protected zones, as well as move on them upon fulfillment of official duties, call on landowners (landholders) allocation of places for movement of border squads, equipment and maintenance of passages through fence in proper condition or passages through other obstacles;
      5) conduct counter intelligence and operational-investigative activity, as well as intelligence activity in the field of frontier policy and operative protection of the StateBorder, territorial waters (sea) and continental shelf and take measures on ensuring of own safety in accordance with the legislation of the Republic of Kazakhstan;
      6) coordinate the activity of authorized bodies and organizations within own powers in the field of implementation of frontier policy and ensuring of frontier safety of the Republic of Kazakhstan, organize interaction of own forces and authorized bodies participated in protection of the State Border or carrying out the activity concerning the interests of protection of the State Border;
      7) introduce representations being compulsory for fulfillment on elimination of the reasons and conditions enabling commission of infractions in frontier space or precluding the activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan to the state bodies, public associations, organizations;
      8) organize and carry out cooperation in protection of the State Border with frontier bodies of foreign states on the basis of generally accepted principles and rules of international Law, as well as international treaties of the Republic of Kazakhstan;
      9) carry out immediate management of the activity of frontier representatives of the Republic of Kazakhstan;
      10) carry on correspondence with frontier representatives of neighboring states on the issues of maintenance of regime of the State Border, resolution of frontier incidents, exchange of information, invite the representatives of neighboring states to the territory of the Republic of Kazakhstan and move into the territory of neighboring states on mutual agreement for holding negotiations on frontier issues in the manner established by this Law;
      11) request and receive without compensationinformation from authorized bodies, organizations and public associations required for fulfillment of obligations;
      12) attract citizens in composition of vigilante groups, as non-staff servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstanand in other forms on a voluntary basis for resolution of problems in the field of protection of the State Border, encourage citizens distinguished themselves upon protection of the State Border and persons answering to submitted requirements, recommend themfor entering into educational institutions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      13) participate in legal nurturing of population of the Republic of Kazakhstan, conduct preventive measures oriented to prevention of infractions in frontier space, use mass media for informing population on infractions, search for law-breakers and for other purposes;
      14) use armament and military technology, special facilities, service animals and physical force in accordance with this Law;
      15) consider applications or messages on committed or imminent infractions in frontier space, register them and take the relevant measures to them;
      16) create and use specialized accountings and information systems enabling performance of tasks on protection of the State Border;
      17) conduct basic and applied researches in the field of protection of the State Border;
      18) determine the uniform and equipage of military servants participated in protection of the State Border;
      19) carry out examination of transport vehicles, cargos and goods transferred through the State Border jointly with customs bodies of the Republic of Kazakhstan in established manner;
      20) accompany transport vehicles and place border squads on them;
      21) in case strengthening of protection of the State Border in the manner determined by joint decisions with the Ministry of Defense of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan use allocated forces and facilities by them;
      22) enter into living and non-living premises of citizens, in the territory and in premises of organizations, as well as inspect them (with the following notification of the relevant prosecutor within twenty four hours) at any time in case pursuing law-breakers without encumbrance (in necessity with damage to locking devices);
      23) establish control posts, to restrict temporarily or to prohibit movement of persons and transport vehicles, not to allow citizens to separate fields of area, to oblige them to remain there or abandon these fields for the purpose of protection of health and life of people in case of conduct of frontier searches and operations, other measures of inquiry inquest on an independent basis;
      24) restrict production of different works in frontier belt on temporary basis, with the exception of defense works, works linked with performance of international obligations and liquidation of consequences arising upon emergency situations of natural and technogenic character in case of security threat of the Republic of Kazakhstan with notification of local executive and other authorized bodies of the Republic of Kazakhstan;
      25) use communication facilities for official purposes, and during holding off of armed attacks in the territory of the Republic of Kazakhstan, impediment to illegal mass crossings and other provocations on the State Border, conduct of research measures, delivery of persons suspected in commission of infractions – transport vehicles of organizations, and in necessary cases – transport vehicles of citizens with the following compensation of expenses or inflicted harm to owners upon their requirement in the manner established by the Laws of the Republic of Kazakhstan;
      26) prohibit descent on shore and stay on shore to crew members of foreign non-military ships and other persons being on them committed infraction upon crossing of the State Border, sailing interritorial waters (sea) and internal waters or during berthing of vessels in Kazakhstan iports;
      27) enforce the established order on the State Border, termination of unlawful acts preventing activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan from citizens, to take the relevant measures provided by the Laws of the Republic of Kazakhstan in case of non-compliance with these requirements;
      28) detain violators of regimes established in frontier space in the premises of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, specially equipped for detention of persons subject to administrative detention;
      29) place persons subject to administrative detention indetention facilities, temporary detention facilities and premises specially equipped for detention of persons in accordance with criminal procedure legislation of the Republic of Kazakhstan;
      30) invite persons in subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan for the purpose of receiving explanations from them on the circumstances of violating the regimes established in frontier space known to them;
      31) create infrastructure of automobile crossing points on Kazakhstani and Russian state border;
      32) carry out maintenance of engineering and technical constructions, obstacles, communications being on balance of crossing points, as well as to ensure operation and preservation of used equipment;
      33) carry out radiation control in crossing points in which there are no customs bodies, with the use of technical facilities of radiation control in automatic or manual regime;
      34) carry out organization of operation of inspection and examination complexes containing radioactive substances, as well as control of radiation safety in bodies of national security during handling with radioactive substances, devices or equipment containing radioactive substances or in which ionizing radiation is generated;
      35) carry out other powers provided by the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      2. Furthermore, in territorial waters (sea) and internal waters, Kazakhstani part of waters of frontier rivers, lakes and other bodies of water, in respect of Kazakhstani and foreign (surface and submarine) vessels, ice vehicles, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall have the right to:
      1) stop a vessel and conduct its examination, if it doesn’t answer to challenge signals, is in district prohibited for sailing, violates procedure for calling into waters of the Republic of Kazakhstan, sailing and stay in there. Examination of vessel includes verification of vessel and navigational documents, documents of crew members and passengers, documents for cargo, and vessel premises in necessary cases. Following the result of examination of the vessel, it may be permitted to continue sailing (stay) in waters of the Republic of Kazakhstan in compliance with established rules or it may be proposed to abandon the waters of the Republic of Kazakhstan or detained in accordance with the criminal procedure or administrative legislation of the Republic of Kazakhstan;
      2) detain persons,who are the subject to criminal or administrative responsibility, in accordance with the legislation of the Republic of Kazakhstan,  to transfer these persons to bodies of inquiry and investigation or the relevant bodies,  unless otherwise provided by the international treaty of the Republic of Kazakhstan;
      3) pursue and detain vessels (ice vehicles) beyond the territorial waters (sea), violated international treaty or legislation of the Republic of Kazakhstan, until their calling into territorial waters of own country or third state, if the pursuingbegan in waters of the Republic of Kazakhstan after visual or audio signal on stop (from distance enabling them to see or hear this signal) and was conducted on a continuous basis.
      3. Upon protection of the State Border in underwater environment, the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall have the right to:
      1) attract forces and facilities of other authorized bodies for clarification of situation in underwater environment in territorial waters (sea) and internal waters by the legislation of the Republic of Kazakhstan;
      2) conduct interrogationon purposes of calling into these waters, to demand change of course, to propose them to be out of underwater condition, show their flag, to stop and conduct their examination, to take other measures on prevention or termination of actions of detected underwater objects upon detection of underwater objects in territorial waters (sea) and internal waters;
      3) detain persons subject to criminal or administrative responsibility in accordance with the legislation of the Republic of Kazakhstan, to transfer these persons to bodies of inquiry and investigation or the relevant bodies, unless otherwise provided by international treaties of the Republic of Kazakhstan;
      4) detain under water facilities,  committed violation of established order of crossing of the State Borderand (or) sailing inter ritorial waters (sea) and internal waters, to deliver (convoy) them to the ports of the Republic of Kazakhstan,  other places for clarification of circumstances of infraction,  to transfer these facilities to bodies of inquiry and investigation;
      5) apply armament and military technology in accordance with the Laws of the Republic of Kazakhstan.
      4. In case conduct of frontier searches and operations in the territory of the Republic of Kazakhstan, the Frontier Service of the National Security Committee of the Republic of Kazakhstan may use the rights granted to it beyond the borders of frontier space.
      5. Upon resolution of official tasks on protection of the State Border, ships, planes and helicopters (other flight facilities) used by the Frontier Service of the National Security of the Republic of Kazakhstan and Armed Forces of the Republic of Kazakhstan shall be granted by the right togratuitous:
      1) use of water and air space, marine and river ports, airports and aerodromes (landing places) of the Republic of Kazakhstan independently from their accessory and designation;
      2) receipt of navigational, meteorological, hydrographical and other information;
      3) flight operations and ship navigation.
      6. Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan carrying out physical protection of foreign establishments shall have the right to carriage, bearing, keeping and apply of weapon, special means, service animals, as well as physical force in the manner and in cases provided by the Laws of the Republic of Kazakhstan.

Article 68. Personnel of the Frontier Service of the National Security Committee of the Republic of Kazakhstan. Special aspects of performing the military service in the Frontier Service of the National Security Committee of the Republic of Kazakhstan

      1. Personnel of the Frontier Service of the National Security Committee of the Republic of Kazakhstan consist of military servants (military servants upon call, military servants under contract) and employees.
      Performance of military service in the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be carried out in the manner determined by the legislation of the Republic of Kazakhstan.
      Training, retraining and raising of qualification of personnel for the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be carried out in educational institutes of the Republic of Kazakhstan and foreign states in accordance with international agreements.
      2. Citizens of the Republic of Kazakhstan with appropriate physical and moral and psychological qualities shall be called to compulsory military service in the Frontier Service of the National Security Committee of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan on a priority basis.
      Special aspects of selection, study and call of citizens of the Republic of Kazakhstan to the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be determined by the rules of organizing and conducting the calling of citizens of the Republic of Kazakhstan to military service approved by the Government of the Republic of Kazakhstan.
      3. Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan upon fulfillment of official duties are representatives of the state power and shall be under state protection. No one shall have the right to interfere to official activity of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, except for the persons authorized thereon immediately by the Laws of the Republic of Kazakhstan.
      Performance of service on protection and defense of the State Border of the Republic of Kazakhstan in border squads, as well as physical protection of foreign establishments is alert posture (war service).
      4. In the whole territory of the Republic of Kazakhstan independently from the held position, location area and time, military servant of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in case of citizens’ applying to him (her) with application or message on events threatening the Frontier Service or in case of immediate detection of thereof by him (her) shall be obliged to:
      1) take possible measures on suppression of infraction, establishment and detention of citizens committed it, protection of the place of occurrence;
      2) inform the nearest subdivision of the Frontier Service of the National Security Committee of the Republic of Kazakhstan about this.
      5. Labour activity of employees of the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be regulated by the Labour Code of the Republic of Kazakhstan on the state service.

Article 68-1. Special aspects of supplying the Frontier Service of the National Security Committee of the Republic of Kazakhstan by oil products

      Frontier Service of the National Security Committee of the Republic of Kazakhstan shall purchase oil products from the unified operator on supplying the oil products determined by the Government of the Republic of Kazakhstan.
      Footnote. Chapter 9 is supplemented by Article 68-1 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 the date of its first official publication).

Chapter 10. COMPETENCE OF ARMED FORCES OF THE REPUBLIC OF KAZAKHSTAN

Article 69. Competence of Armed Forces of the Republic of Kazakhstan

      Armed Forces of the Republic of Kazakhstan shall:
      1) organize and ensure protection of the State Border in air space;
      2) participate in protection of the State Border on land, in territorial waters (sea) and internal waters, as well as in underwater environment in accordance with this Law, other Laws of the Republic of Kazakhstan;
      3) participate in resolution of incidents within their competence linked with violation of regime of the State Border, to engage other authorized bodies for these purposes;
      4) develop proposals on establishment of sea corridors and traffic separation schemes in territorial waters (sea);
      5) engage the forces and efforts of authorized bodies for performance of protective measures of the State Border in accordance with the Laws of the Republic of Kazakhstan;
      6) provide assistance to the Frontier Service of the National Security Committee of the Republic of Kazakhstan in protection of the State Border in accordance with the legislation of the Republic of Kazakhstan;
      7) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 70. Competence of the Air Defense Forces of Armed Forces of the Republic of Kazakhstan

      1. Upon protection of the State Border in air space, Air Defense Forces of Armed Forces of the Republic of Kazakhstan shall:
      1) carry out control of complying with procedure for crossing of the State Border;
      2) use available facilities for identifying aerial vehicles in air space of the Republic of Kazakhstan, as well as beyond the territorial waters (sea) of the Republic of Kazakhstan to the borders of foreign states in case of occurrence of a threat of illegal crossing of the State Border by them;
      3) suppress the flights and take measures for landing of aerial vehicles in the territory of the Republic of Kazakhstan that crossed the State Border illegally and (or) violated the procedure for use of air space of the Republic of Kazakhstan;
      4) provide assistance to aerial vehicles, crossed the State Border illegally in case of unintentional actions of the crew teams of these aerial vehicles, via restoration of their orientation, delivery to the airport or aerodrome, landing in the territory of the Republic of Kazakhstan or delivery beyond the air space of the Republic of Kazakhstan.
      2. Air Defense Forces of Armed Forces of the Republic of Kazakhstan shall have the right to:
      1) engage forces and facilities of other authorized bodies for clarification of situation in air space of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan;
      2) prohibit or restrict the flights of aerial vehicles in separate districts of air space of the Republic of Kazakhstan upon occurrence of a threat of illegal crossing or illegal crossing of the State Border in air space;
      3) require communication of information from aerial vehicle on the purposes of flying in air space of the Republic of Kazakhstan or reasons of deviation from the flight plan;
      4) provide assistance to aerial vehicles crossed the State Border illegally in case of unintentional action of the crew teams of these aerial vehicles, via restoration of their orientation, output in airport or aerodrome, landing in the territory of the Republic of Kazakhstan or output beyond the air space of the Republic of Kazakhstan, make suggestion to aerial vehicle to change a course, if it leads to prohibited district or the district temporary dangerous for flights;
      5) take measures on prevention or termination of illegal crossing of the State Border, in case of necessity – to require the landing from the crew team of aerial vehicle in mentioned place, as well as in compulsory manner;
      6) call (after landing in the territory of the Republic of Kazakhstan) the crew members of aerial vehicles crossed the State Border illegally and (or) violated the procedure for use of air space of the Republic of Kazakhstan in subdivisions of the Ministry of Defense for clarification of circumstances of the infraction;
      7) detain persons that committed infraction and being subject to criminal or administrative responsibility in accordance with the Laws of the Republic of Kazakhstan, transfer these persons to bodies of inquiry and investigation or to the relevant bodies;
      8) apply armament and military technology in accordance with the Laws of the Republic of Kazakhstan;
      9) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 71. Competence of Naval Establishments of Armed Forces of the Republic of Kazakhstan upon engagement in protection of the State Border

      Upon engagement to protection of the State Border, Naval Establishments of Armed Forces of the Republic of Kazakhstan shall:
      1) participate in carrying out of control of crossing of the State Border in underwater environment;
      2) provide assistance to the Frontier Service of the National Security Committee of the Republic of Kazakhstan in carrying out of antisubmarine, as well as underwater and diversionary defense on behalf of the security of the Republic of Kazakhstan;
      3) carry out other powers provided by the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Chapter 11. APPLICATION OF ARMAMENT AND MILITARY TECHNOLOGY, SPECIAL TOOLS, SERVICE ANIMALS AND PHYSICAL FORCE DURING PROTECTION OF THE STATE BORDER

Article 72. Conditions and limits of applying armament and military technology, special tools, service animals and physical force

      1. Military Servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan shall have the right within frontier space to bearing, keeping, applying of weapon and special tools, as well as may apply military technology, service animals and physical force.
      2. Military Servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan shall be obliged to undergo special training, annual verification for suitability to actions in conditions linked with application of armament and military technology, special tools, animal services and physical force.
      3. Military Servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan shall have the right to use any expedient tools upon protection of the State Border in cases of necessary defense and extreme necessity or upon detention of person committed infraction, in the absence of service weapon and special means or possibility of their application.
      4. In cases of engagement of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in measures conducted by special state and law enforcement bodies of the Republic of Kazakhstan, armament and military technology, special tools, service animals and physical force shall be applied in accordance with the regulatory legal acts of the Republic of Kazakhstan, governing the activity of body – initiator of the measure.
      5. Application of armament and military technology, special tools, service animals and physical force in respect of women, persons with obvious signs of disability and minor children shall be prohibited, with the exception of cases of existence of real threat to health and life of citizens, military servants, as well as their commission of armed or grouped attack, maintenance of armed resistance, taking of hostages, objects, transport vehicles, as well as aerial vehicles and marine vessels.
      6. Application of armament and military technology shall be prohibited as well:
      1) on surface, underwater vessels and aerial vehicles, flight facilities and ice vehicles, as well as other transport vehicles with passengers, if they do not create a real threat to national security of the Republic of Kazakhstan;
      2) in respect of persons that crossed or trying to cross the State Border illegally unintentionally due to accident or influence of cogent forces of nature;
      3) in respect of wild and domestic animals that crossed or trying to cross the State Border.
      7. In all cases of applying the armament and military technology, special tools, service animals and physical force, the military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan shall be obliged to take measures on safety ensuring of surrounding persons and on rendering of emergency medical care for injured persons.
      8. Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan shall not bear responsibility for moral, material and physical harm inflicted due to application of armament and military technology, special tools, service animals and physical force in the cases provided by this Law, as well as the harm inflicted in the result of:
      1) dangerous or unexpected maneuver of transport vehicles and (or) actions of law-breakers;
      2) change of flight trajectory of bullets (projectiles) due to bound shot;
      3) destruction or damage of transport vehicles of law-breakers.
      9. On each case of applying armament and military technology, special tools, service animals and physical force, during suppression of violations of regimes established in frontier space, the relevant prosecutor shall be informed not later than twelve hours.
      10. Other authorized bodies in the field of protection of the State Border shall apply armament and military technology, special means, service animals and physical force in accordance with the Laws of the Republic of Kazakhstan.

Article 73. Application of armament and military technology

      1. Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan upon protection of the State Border shall apply armament and military technology:
      1) for holding off the armed invasion and armed attack to the territory of the Republic of Kazakhstan, suppression of armed provocations on the State Border;
      2) for holding off of armed attack to subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan participating in protection of the State Border;
      3) against persons, surface, underwater, aerial vehicles, flight facilities as well as pilotlessvehicles, and ice vehicles, as well as other transport vehicles that crossed or crossing the State Border and making military armed resistance, or in answer to application of force by them;
      4) for stopping (termination of motion or flight) of surface, underwater, aerial vehicles, flight facilities, as well as pilotless vehicles, and ice vehicles, as well as other transport vehicles by their damaging, in cases of their non-fulfillment of requirements on stopping or change of course when termination of violation or their detention may not be carried out by other means;
      5) for prevention of hijacking of surface, underwater, aerial vehicles, flight facilities, as well as pilotless vehicles and ice vehicles, as well as other transport vehicles abroad without passengers;
      6) for holding-off an attack, as well as unarmed attack to military servants and objects of the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other citizens performing official duties or public duty on protection of the State Border, their family members when their life is incurred by immediate danger;
      7) for protection of citizens from attack threatening their life and health, as well as release of hostages;
      8) for protection of military servants or citizens from attack of animals threatening their life and health;
      9) for prevention, detection and suppression of other infractions, as well as necessary defense and in case of extreme necessity.
      Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in frontier space shall also have the right to use weapon for alarm application or calling for help.
      2. Armament and military technology may be applied without prior notice:
      1) for holding off armed invasion and armed attack;
      2) upon making armed resistance;
      3) upon sudden attack to military servants and other citizens;
      4) upon escape of detained persons with seized weapon.
      3. In other cases the explicit warning on intention to use armament and (or) warning shots shall precede the application of armament and military technology.

Article 74. Special tools employment

      1. In all the cases granting the right to the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan to apply armament and military technology upon protection of the State Border, the special tools may be applied.
      2. Military servants of the frontier Service of the National Security Committee of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan in frontier space shall also have the right to use special tools:
      1) for detention and disarmament of law-breakers, other persons making resistance or impedingthe citizens participated in protection of the State Border intentionally to carry out official duties imposed on them, or in respect of persons carrying illegally a weapon, ammunition, explosive, poisonous, radioactive, narcotic and other substances prohibited for free handling;
      2) for suppression of mass disorders in frontier space and incases of mass unarmed suppression or attempt of crossing of the State Border, grouped actions of law-breakers, encroaching upon life and health of citizens or security of the state;
      3) upon conveying and protection of detained persons, if there are reasonable grounds to suppose that they may commit escape, inflict harm to surrounding or own health;
      4) for delivery of detained persons, if it is required for the purpose of suppression of infraction, establishment of identity of a law-breaker, as well as drawing up the minutes on administrative infraction, upon impossibility to draw up it in place, if drawing up of minutes is compulsory;
      5) for opening of objects and transport vehicles, as well as their disassembling for the purpose of suppression of infractions;
      6) for prevention, detection and suppression of other infractions, as well as necessary defense and in case of extreme necessity.

Article 75. service animals and physical force employment

      1. In all cases granting the right to the Frontier Service of the National Security Committee of the Republic of Kazakhstan to apply armament and military technology and special means upon protection of the State Border, service animals and physical force may be applied.
      2. Military servants of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in frontier space shall also have the right to employ service animals and physical force, as well as fighting combat techniques:
      1) for research and detention of law-breakers;
      2) upon inquiry of persons, transport vehicles, cargos and goods, examination of location, for the purpose of research and detection of subjects, materials, means, substances prohibited for free handing, import to the Republic of Kazakhstan and export from the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
      3) for prevention, detection and suppression of other infractions, as well as necessary defense and in case of extreme necessity.

Chapter 12. PARTICIPATION OF CITIZENS IN PROTECTION OF THE STATE BORDER, THEIR LEGAL PROTECTION

Article 76. Participation of citizens in protection of the State Border

      1. Citizens shall participate within frontier space on a voluntary basis in protection of the State Border in composition of vigilante groups and other forms.
      2. Procedure for engagement of citizens in protection of the State Border in composition of vigilante groups, forms and types of such engagement shall be determined by the Government of the Republic of Kazakhstan.
      3. Citizens participated in protection of the State Border shall carry out their activity on the basis of principles of legality, respect and compliance with rights and freedoms of a human and citizen.
      4. Circumstances that exclude the possibility of participation of a citizen of the Republic of Kazakhstan in protection of the State Border in composition of vigilante groups are:
      1) bringing to criminal responsibility;
      2) repeated (two and more times within a year) commitment of intended administrative infractions;
      3) departure beyond the limits of frontier space or Republic of Kazakhstan for the permanent place of residence;
      4) occurrence of circumstances excluding his (her) further participation in protection of the State Border (detection of mental disease, alcoholism, drug addiction or substance abuse, other disease, constituting danger for surrounding people – according to the list approved by the Government of the Republic of Kazakhstan, death of a citizen);
      5) unwillingness to participate in protection of the State Border in the following.

Article 77. Rights and obligations of citizens participating in protection of the State Border

      1. Citizens participating in protection of the State Border (hereinafter – persons participating in protection of the State Border) shall be obliged to:
      1) inform subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan on the facts of preparing or committed infractions in frontier space became known to them;
      2) represent certificates confirming legality of their participation in protection of the State Border upon request of citizens in the cases provided by the legislation of the Republic of Kazakhstan;
      3) clarify the grounds of enforcement measures to citizens applied to them, detained for commission of infractions;
      4) undergo legal training before participation in measures on protection of the State Border in subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan.
      2. Persons participating in protection of the State Border shall have the right to:
      1) render assistance of the Frontier Service of the National Security Committee of the Republic of Kazakhstan in measures of protection of the State Border not linked with control and supervision functions;
      2) prevent and preclude infractions in frontier space;
      3) apply physical force and other means for the purpose of suppression of infractions and detention of law-breakers, if the other methods to achieve mentioned purposes are not possible;
      4) detain and deliver persons committed in fractions in frontier space to the subdivisions of the Frontier Service of the National Security Committee of the Republic of Kazakhstan,  law enforcement or other authorized bodies in the cases provided by the Laws of the Republic of Kazakhstan;
      5) conduct the measures oriented to preventive measures in frontier space together with representatives of the Frontier Service of the National Security Committee of the Republic of Kazakhstan;
      6) require compliance with established regimes in frontier space.
      Legal requirements of persons participating in protection of the State Border shall be compulsory for fulfillment.
      3. Unlawful actions in respect of persons participating in protection of the State Border and their family members due to provision of assistance in protection of the State Border, as well as non-fulfillment of legal requirements of persons participating in protection of the State Border shall entail responsibility established by the Laws of the Republic of Kazakhstan.

Chapter 13. FINAL PROVISIONS

Article 78. Supervision of compliance with the legislation of the Republic of Kazakhstan on the State Border of the Republic of Kazakhstan

      Supervision of precise and unified application of the legislation of the Republic of Kazakhstan on State Border of the Republic of Kazakhstan shall be carried out by the general Prosecutor of the Republic of Kazakhstan and prosecutors authorized by him (her).

Article 79. Responsibility for violation of the legislation of the Republic of Kazakhstan on State Border

      1. Persons violated requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan on State Border shall entail responsibility established by the Laws of the Republic of Kazakhstan.
      2. Citizens of the Republic of Kazakhstan, foreign persons and stateless persons shall have the right to receive explanations in respect of restriction of their rights and freedoms from the Frontier Service of the National Security Committee of the Republic of Kazakhstan, Ministry of Defense of the Republic of Kazakhstan, other authorized bodies in the field of protection of State Border.
      3. In case of violation of legal rights and freedoms of citizens of the Republic of Kazakhstan, foreign persons and stateless persons, the relevant civil servants shall be obliged to restore these rights and compensate them for harm in the manner established by the Laws of the Republic of Kazakhstan.

Article 80. Order of entering of this Law into force

      1. This Law enters into force upon expiry of ten calendar days after its first official publication.
      2. Shall be deemed to have lost force:
      1) Law of the Republic of Kazakhstan dated 13 January 1993 “On State Border of the Republic of Kazakhstan” (Bulletin of the Supreme Soviet of the Republic of Kazakhstan, 1993, No. 1, Article 1; Bulleting of the Parliament of the Republic of Kazakhstan, 1996, No. 14, Article 275; 1998, No. 24, Article 436; 2002, No. 15, Article 147; 2004, No. 23, Article 142; 2007, No. 24, Article 180; 2009, No. 18, Article 86; 2011, No. 11, Article 102);
      2) Law of the Republic of Kazakhstan dated 13 January 1993 “On Frontier Service of the National Security Committee of the Republic of Kazakhstan “Bulletin of the Supreme Soviet of the Republic of Kazakhstan, 1993, No. 1, Article 3; 1995, No. 8, Article 56; Bulletin of the Parliament of the Republic of Kazakhstan, 1996, No. 14, Article 275; 2002, No. 15, Article 147; 2004, No. 23, Article 142; 2007, No. 9, Article 67; No. 24, Article 180; 2011, No. 1, Article 7; 2012, No. 4, Article 32).

      The President of
      the Republic of Kazakhstan