On Civil Protection

The Law of the Republic of Kazakhstan dated 11 April 2014 No. 188-V  of the Law of the Republic of Kazakhstan

Unofficial translation

      This Law regulates public relations arising in the course of carrying out of measures on civil protection and oriented to prevention and liquidation of emergency situations of natural and technogenic character and their consequences, rendering of emergency medical and psychological treatment to population being in the zone of emergency situation, ensuring of fire-fighting and industrial safety, as well as determines main tasks, organizational principles of posture and functioning of civil protection of the Republic of Kazakhstan, formation, keeping and use of state material reserve, organization and activity of accident rescue services and groups.

SECTION 1. GENERAL PROVISIONS

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:
      1) accident – destruction of buildings, structures and (or) technical equipment, uncontrolled explosion and (or) release of hazardous substances;
      2) accident rescue operations – actions on search and rescue of people, material and cultural values, rendering of emergency medical and psychological treatment to population being in the zone of emergency situation, environmental protection in the zone of emergency situation and upon prosecution of military actions, localization and suppression or minimization of probable effect level of hazard factors specific to them;
      3) accident rescue group – independent organizational and structural unit or included to composition of attested accident rescue service of the civil protection forces designed for conduct of accident rescue operations and urgent works;
      4) accident rescue service – set of organizational and joint managing bodies, accident rescue groups and means of civil protection designed for tasks solution on prevention and liquidation of emergency situations, joint functionally in unified system;
      5) object with mass stay of people – building, structure, premise of trade enterprises, public catering, domestic servicing, health and recreation, sport, cultural and educational, spectacular organizations, entertaining establishments, stations of all the types of transport, cultural buildings (structures) designed for simultaneously stay of hundred and more people, as well as building, structure of health care, educational organizations, hotels designed for simultaneously stay of twenty five and more people;
      6) civil defence – component part of the state system of civil protection designed for implementation of the general state set of measures carried out in peace and war time, on protection of population and territory of the Republic of Kazakhstan from impact of adverse (destruction) factors of modern means of destruction, emergency situations of natural and technogenic character;
      7) military units of civil protection – military units of authorized body in the scope of civil protection performing measures of civil protection in peace and war time;
      8) fund of protective structures of civil protection – set of engineering constructions specially rigged and designed for protection of employees of organizations related to categories on civil protection, and population from impact of adverse (destruction) factors of modern means of destruction, as well as in emergency situations;
      9) protective structure of civil defence – engineering structure specially rigged and designed for protection of population from impact of adverse (destruction) factors of modern means of destruction;
      10) civil protection – nationwide set of measures carried out in peace and war time oriented to prevention and liquidation of emergency situations of natural and technogenic character and their consequences, organization and prosecution of civil defence, rendering of emergency medical and psychological treatment to population being in the zone of emergency situation that includes the measures on ensuring of fire-fighting and industrial safety, formation, keeping and use of the state material reserve;
      11) special measures of civil protection – preliminary or prompt actions of civil protection services on engineering, radiation, chemical, medical, fire-fighting, transport, material and technical, hydrometeorological and other maintenance of works oriented to protection of population, facilities and territory of the Republic of Kazakhstan from danger arising during emergency situations and military conflicts or in consequence of these conflicts;
      12) notification system of civil protection – set of program and technical means ensuring provision of information to population and state bodies on threat to life and health of persons, on procedure for actions in existing situation;
      13) state system of civil protection – set of managing bodies, forces and means of civil protection designed for implementation of nationwide set of measures on protection of population, facilities and territory of the Republic of Kazakhstan from danger arising during emergency situations and military conflicts and in a consequence of these conflicts;
      14) civil protection forces – military units of civil defence, accident rescue services and formations, subdivisions of the state and non-state fire-fighting service, formation of civil protection, aviation of authorized body in the scope of civil protection, services of supervision and control of situation and forecasting;
      15) means of civil protection – material and technical property applied for protection of population and equipping the civil protection forces;
      16) services of civil protection – republican, oblast, city, district managing bodies system and civil protection forces oriented to performance of special measures of civil protection;
      17) bodies of civil protection– authorized body in the scope of civil protection, its departments, territorial subdivisions and state institutions subordinated to it;
      18) state control and supervision in the scope of civil protection – activity of authorized body in the scope of civil protection oriented to ensuring of compliance of individuals and legal entities with requirements of the legislation of the Republic of Kazakhstan in the scope of civil protection within its competence;
      19) authorized body in the scope of civil protection (hereinafter – authorized body) – central executive body carrying out management and cross-sector coordination, development and implementation of the state policy in the scope of civil protection;
      20) warning signal “Attention all!” – single warning signal transmitted by sirens or other signaling methods for attracting attention of population in case of threat of occurrence or occurrence of emergency situations;
      21) control points – structures specially rigged and equipped by technical means, elements of life support or transport vehicles of state bodies intended for placement and maintenance of works of managing bodies of state protection;
      22) release – release of material values from the state material reserve upon change of nomenclature, as well as for utilization (destruction), taking measures on prevention and liquidation of emergency situations and their consequences, rendering of regulating impact on market, aid for refugees and humanitarian assistance;
      23) unified duty dispatch service “112” – service of receipt and processing of messages from individuals and legal entities on prerequisite of occurrence or occurrence of emergency situation, fire, threat to life and infliction of harm to health of people and on other cases requiring taking of measures of emergency care with the following coordination of actions on response of emergency services within the competence;
      24) voluntary fireman – a citizen participated immediately in the activity on prevention and (or) fire-fighting operations on the voluntary basis recorded in the register of voluntary firemen;
      25) mobilization reserve – stock of material values on restricted nomenclature being the component part of the state material reserve required for performance of mobilization order upon mobilization, military situation and in war time, taking of measures on prevention and liquidation of emergency situations and their consequences, rendering of humanitarian assistance in peace time and not used by organizations having mobilization order, in current production activity, as well as material and technical means of special formations;
      26) injured person – an individual being inflicted by harm (damage) in a consequence of emergency situation of natural or technogenic character;
      27) inflictor of harm (damage) – an individual or legal entity, due to action (omission) of which the emergency situation of technogenic character is occurred;
      28) professional accident rescue service – accident rescue service composed of formation or formations, the rescuers of which work on a regular basis and conform to qualification requirements;
      29) professional militarized accident rescue service – professional accident rescue service designed for maintenance of hazardous industrial facilities and conduct of mine-rescue, gas safety, well-kill works;
      30) modern means of destruction – equipment and means, the adverse (destructive) factors of which are designed for destruction of people, animals and plants, damage or destruction of facilities, appearance of secondary effects that include mass destruction weapon and conventional weapons, as well as rocket, aviation weapons and firearms;
      31) industrial safety declaration of hazardous industrial facility – document in which the character and magnitudes of danger of hazardous industrial facility are stated, measures on industrial safety ensuring and protection of population from adverse effect of hazardous industrial factors at the stages of placing in operation, functioning and removal from operation of hazardous industrial facility;
      32) hazardous industrial factors – physical phenomenon arising upon accidents, incidents on hazardous industrial facilities, inflicting harm (danger) to individuals and legal entities, environment;
      33) a rescuer – an individual that underwent special training and attested (re-attested) for conduct of accident rescue operations;
      34) material values – goods required for ensuring of tasks assigned on authorized body, in particular nomenclature and storage volume;
      35) supply of material values to the state material reserve – purchase and (or) shipping (delivery) of material values to storage facilities of material values of the state material reserve;
      36) laying of material values to the state material reserve (hereinafter – laying) – receipt of material values for storage in the state material reserve;
      37) release of material values from the state material reserve – withdrawal of material values from the state material reserve in the manner of recreation, borrowing, release;
      38) non-state fire-fighting service – legal entities that underwent attestation for the right of performing works on prevention and fire-fighting operations, ensuring of fire security and conduct of accident rescue operations in organizations, inhabited localities and on facilities;
      39) state material reserve (hereinafter – state reserve) – stock of material values designed for mobilization needs, taking of measures on prevention and liquidation of emergency situations and their consequences, rendering of regulating impact on market, aid for refugees and humanitarian assistance;
      40) transfer of material values of the state material reserve – transportation of material values from one storage facility of material values of the state material reserve to another including uploading and unloading of material values;
      41) state fire-fighting service – set of managing bodies, forces and means of civil protection in oblasts, cities of republican significance, the capital, districts, cities of oblast significance designed for organizing the prevention of fires and their fire-fighting operations, conduct of accident rescue operations and urgent works, carrying out of the state control in the field of fire
       security and conduct of inquiry on affairs of crimes linked with fires;
      42) subordinate organization of the state reserve system – a legal entity carrying out formation and storage of material values of the state reserve;
      43) borrowing of material values from the state reserve – release of material values from the state reserve on particular conditions with the following return to the state reserve in accordance with nomenclature and storage volumes;
      44) recreation of the state reserve – release of material values from the state reserve before expiration of established
      periods of their storage upon simultaneous layout of material values or with layout time lapse in accordance with nomenclature and storage volumes;
      45) standards of storage of material values of the state reserve – technical requirements on maintenance and storage conditions of material values of the state reserve;
      46) storage facilities of material values of the state reserve – legal entities carrying out storage of material values of the state reserve and rendering of services linked with storage on a contractual basis;
      47) facility – property of individuals or legal entities, state property, as well as buildings, structures, constructions, process installations, equipment, aggregates and other property, to which requirements in the scope of civil protection are established or
      shall be established;
      48) incident – refusal or damaging of technical equipment applied on hazardous industrial facility, as well as deviation from the operational conditions on hazardous industrial facility;
      49) operation – supply, storage and release of material values of the state reserve;
      50) industrial safety – state of security of individuals and legal entities, environment from adverse effect of hazardous industrial factors;
      51) attestation for the right of performing the works in the field of industrial safety – the document issued by authorized body certifying the right of a legal entity to perform the works in the field of industrial safety;
      52) attestation of legal entities for the right of performing the works in the field of industrial safety – official recognition of powers of the legal entity by authorized body to perform the works in the field of industrial safety;
      53) requirements of industrial safety – special conditions of technical and (or) social nature established by the legislation of the Republic of Kazakhstan for the purpose of industrial safety ensuring;
      54) fire – uncontrolled burn constituting a threat, inflicting harm to life and health of people, material damage to individuals and legal entities, interests of society and state;
      55) voluntary fire-fighting groups – public associations created for carrying out of measures on prevention and fire-fig operations of steppe fires, as well as fires in organizations and inhabited localities;
      56) garrison of fire-fighting service – set of managing bodies and subdivisions of the state fire-fighting service, non-state fire-fighting services and voluntary fire-fighting groups located in the territory of oblast, city of republican significance, the capital, district, city of oblast significance,;
      57) fire security – state of security of people, property, society and state from fires;
      58) requirements of fire security – special conditions of technical and (or) social nature established by the legislation of the Republic of Kazakhstan for the purpose of fire security ensuring;
      59) measures of fire security – actions on performance of requirements of fire security;
      60) fire department – territory, building and structures designed for placement of fire and special engineering, fire-technical equipment, their technical maintenance including service, auxiliary premises for personnel and communications point of subdivision of fire-fighting service;
      61) fire-technical products – products designed for fire security ensuring, as well as fire engineering and equipment, fireman's outfit, fire-extinguishing and fireproofing agents, special communications and control means, software and data bases, as well as other means of warning and fire-extinguishing;
      62) emergency situations of a natural character – emergency situations created in the result of hazardous acts of nature (geophysical, geological, meteorological, agrometeorological, hydrogeological hazard phenomenon), natural fires, epidemics, destruction of agricultural plants and forests by diseases and depredators;
      63) technical director – specialist carrying out management of technical process;
      64) technical equipment – machines, equipment and other constructions;
      65) emergency situations of a technogenic nature – emergency situations occasioned by adverse effect of hazardous industrial factors, transport and other accidents, fires (explosions), accidents with release (threat of releasing) highly toxic poisonous, radioactive and biohazardous substances, sudden failure of buildings and structures, failure of dams, accidents on electric energy and communication life support systems, disposal facilities;
      66) emergency situation – situation in particular territory created in the result of accident, fire, adverse effect of hazardous industrial factors, hazardous natural phenomenon, catastrophe, natural and other disasters that may entail or entailed human losses, harm to health of people or environment, significant material damage and violation of living environment of the people;
      67) zone of emergency situation – territory on which emergency situation is created;
      68) head of emergency situation liquidation – chief regulatory and responsible person managing works on liquidation of emergency situation;
      69) life support of population in emergency situations – set of measures interrelated in time, resources and place of their conducting by forces and means of civil protection oriented to creation and maintenance of conditions, minimally required for conservation of life and maintenance of health of the people in the emergency zones, on the routes of evacuation and at location areas of evacuated persons;
      70) liquidation of emergency situations – conduct of accident rescue operations and urgent works;
      71) urgent works upon liquidation of emergency situations (hereinafter – urgent works) – activity on well-rounded ensurin of accident rescue operations, creation of conditions required for conservation of life and health of the people;
      72) prevention of emergency situations – set of measures conducted in advance and oriented to maximal possible reduction of the risk of emergency situation, as well as on conservation of life and health of the people, reduction of amounts of material losses in case of their occurrence;
      73) liquidation of consequences of emergency situations – measures conducted on restoration of engineering infrastructure, dwelling place, environment, rendering of social and rehabilitation assistance to population, compensation for harm (damage) inflicted to individuals and legal entities due to emergency situations;
      74) classification of emergency situations – procedure for classifying emergency situations established in accordance with their hazard to life and health of a human, violation of living environment, amount of damage (harm);
      75) vital infrastructure facility – organizations of health care, telecommunications, communication, gas supply, energy supply, heat supply, water supply and water removal, upon termination (suspension) of operation of buildings, structures, technological installations and aggregates of which, the activity of social and engineering infrastructure of inhabited localities and territories is violated;
      76) aviation of authorized body – aerial-transport vehicles used for solution of tasks of civil protection;
      77) operating reserve of authorized body – stocks of technology and material values, as well as medicinal products, medical accessories in particular nomenclature and volume;
      78) emergency medical and psychological treatment of authorized body – professional medical accident rescue service designed for conduct of urgent works on rendering of medical and psychological treatment to population being in the zone of emergency situation, conservation, restoration and rehabilitation of health of participants of emergency situation liquidation;
      79) evacuation efforts – distribution of employees of organizations related to categories on civil defence, evacuation of population and material funds from cities and emergency situation zones in peace and war time.

Article 2. Legislation of the Republic of Kazakhstan on state protection

      1. Legislation of the Republic of Kazakhstan on civil protection is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. Legal regulation in the field of protection of labour, environmental safety, safety during use of cosmic space, destruction of chemical and nuclear weapon, use and utilization of ammunition, traffic safety on automobile and rail roads, traffic safety of internal water transport, safety of power engineering facilities, flights safety of air transport, safety of water economy systems and structures, as well as emergency situations of social nature shall be carried out by special legislation of the Republic of Kazakhstan.
      3. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied.

Chapter 2. STATE SYSTEM OF CIVIL PROTECTION

Article 3. Main tasks and principles of civil protection

      1. Main tasks of civil protection are:
      1) prevention and liquidation of emergency situations and their consequences;
      2) rescuing and evacuation of people upon occurrence of emergency situations by conduct of accident rescue operations and urgent works in peace and war time;
      3) creation of civil protection forces, their preparation and maintenance in instant readiness;
      4) training of specialists of central and local executive bodies, organizations and training of population;
      5) accumulation and keeping of the required fund of protective structures, stocks of means of individual protection and other property of civil defence in readiness;
      6) informing and notifying of population, managing bodies of civil protection in advance in existence of forecasting on threat of occurrence of emergency situation and (or) on an operational basis upon occurrence of emergency situation;
      7) protection of food-stuffs, water sources (water supply intake places for economic and drinking purposes), food raw materials, forage, animals and plants from radioactive, chemical, bacteriological (biological) contamination, epizootic and epiphytotics;
      8) ensuring of industrial and fire security;
      9) creation, development and maintenance of the notification and communication systems in instant readiness;
      10) monitoring, development and implementation of measures on reduction of effect or liquidation of hazard factors of modern means of destruction;
      11) ensuring of formation, storage and use of the state reserve.
      2. Main principles of civil protection are:
      1) organization of the civil protection system on territorial and sectoral principle;
      2) minimization of threats and damage to citizens and society from emergency situations;
      3) instant readiness of forces and means of civil protection to dynamic response on emergency situations, civil defence and conduct of accident rescue operations and urgent works;
      4) publicity and informing of population and organizations on forecasting and occurred emergency situations, taken measures on their prevention and liquidation including liquidation of their consequences;
      5) justified risk and safety ensuring upon conduct of accident rescue operations and urgent works.

Article 4. State system of civil protection

      1. State system of civil protection consists of territorial and sectoral subsystems.
      Territorial subsystems shall be created at oblast, city and district levels for prevention and liquidation of emergency situations and their consequences, performance of measures of civil protection within their territories and consist of links conforming to administrative territorial division of these territories.
      Sectoral subsystems shall be created by central executive bodies for organization of works on performance of measures of civil protection within the competence.
      2. State system of civil protection shall have three levels:
      republican, territorial and site-level. Each level, with the exception of site-level shall include:
      managing bodies of civil protection;
      control points, operating duty services;
      advisory and consultative bodies – commissions on prevention and liquidation of emergency situations;
      forces and means of civil protection;
      systems of communication, notification and information support.
      3. Management of the state system of civil protection shall be carried out:
      1) at republican level – the Government of the Republic of Kazakhstan;
      2) at territorial level – akims of the relevant administrative-territorial entities;
      3) at site-level – heads of organizations;
      4) in sectoral subsystems – heads of central executive bodies.
      4. Managing bodies of civil protection are:
      1) at republican level:
      authorized body;
      central executive bodies of the Republic of Kazakhstan in sectoral subsystems;
      2) at territorial level:
      local executive bodies;
      territorial subdivisions of authorized body;
      territorial subdivisions of central executive bodies of the Republic of Kazakhstan in sectoral subsystems;
      3) at site-level – heads of organizations.
      5. State management in system of civil protection shall be carried out by involvement of all the levels of state system of civil protection.
      The following regimes of functioning of the state system of civil protection in peace time shall be established:
      1) daily activity regime – procedure for functioning of the state system of civil protection, its territorial and sectoral subsystems on subordinate territory, characterized by the absence of a threat of occurrence of emergency situations.
      In daily activity regime, managing bodies of civil protection shall carry out the following measures:
      forecasting of emergency situations;
      collection, processing and exchange of information on protection of population, facilities and territories from emergency situations;
      development of the action plans on liquidation of emergency situations;
      development and implementation of measures on prevention of emergency situations;
      planning of actions of managing bodies and civil protection forces, organization of preparation and ensuring of their activity;
      training of population to actions in emergency situations;
      propaganda of knowledge in the scope of civil protection;
      creation, placement, storage and replenishment of reserves of material resources for liquidation of emergency situations and their consequences;
      conduct of state control and supervision in the scope of civil protection within the competence;
      2) increased readiness regime – procedure for functioning of the state system of civil protection, its separate subsystems imposed upon threat of occurrence of emergency situations.
      The following measures shall be carried out in increased readiness regime by managing bodies of civil protection:
      forecasting of occurrence of emergency situations and their consequences;
      correcting of actions plans on liquidation of emergency situations;
      imposition of twenty-four hour duty of heads and civil servants of managing bodies and civil protection forces in control points when necessary;
      collection, processing and transfer of data on forecasting emergency situations to managing bodies and civil protection forces, informing the state bodies and population on methods of protection against them;
      taking of operational measures on prevention of occurrence and liquidation of emergency situations, reduction of amounts of damage and losses in case of their occurrence, as well as increase of stability and safety of functioning of facilities in emergency situations;
      replenishment of required reserves of material resources created for liquidation of emergency situations and their consequences;
      carrying out of evacuation measures in case of necessity;
      3) emergency situation regime – procedure for functioning of the state system of civil protection, its separate subsystems, imposed upon occurrence of emergency situation and its liquidation.
      The following measures shall be carried out in emergency situation regime by managing bodies of civil protection:
      entering (implementation, fulfillment) of action plans into force on liquidation of emergency situations and their correcting;
      forecasting of development of occurred emergency situations and their consequences;
      notifying the heads of central and local executive bodies, organizations, as well as population on occurrence of emergency situations and their consequences;
      organizations of works on liquidation of emergency situations, well-rounded ensuring of actions of forces and means of civil protection, maintenance of public order in the course of their conduct, as well as involvement of forces and means of internal affairs bodies, Armed Forces of the Republic of Kazakhstan, other forces and military formations, public associations and population to liquidation of occurred emergency situations in cases and manner established by the legislation of the Republic of Kazakhstan;
      collection, analysis and exchange of information on situation in the zone of emergency situation and in the course of performing the works on its liquidation;
      organization and maintenance of interaction of central and local executive bodies, organizations on the issues of liquidation of emergency situations and their consequences;
      carrying out of measures on life support of population in emergency situations.

Article 5. Notification system of civil protection

      1. Notification system of civil protection shall be organized at:
      1) republican level – republican notification system with covering the territory of the Republic of Kazakhstan;
      2) territorial level – notification system of oblast, city of republican significance, the capital with covering the territories of oblast, city of republican significance, the capital;
      3) site-level – local notification system with covering the territory of facility with mass stay of people, hazardous industrial facility and population falling into design zone of dissemination of emergency situation.
      2. Republican notification system shall ensure dissemination of warning signal and information to:
      1) population of the Republic of Kazakhstan;
      2) managing bodies of civil protection;
      3) civil protection forces;
      4) territorial subdivisions of authorized body.
      Maintenance of republican notification system in instant readiness shall be ensured by authorized body.
      3. Notification system of oblast, city of republican significance, the capital shall ensure dissemination of warning signals and information to:
      1) population of oblast (part of the territory of oblast), city of republican significance, the capital or to population of district, city of oblast significance, district in a city, city of district significance, rural settlement, village, rural district under regulation of akim of the relevant administrative-territorial entity;
      2) local executive bodies and other state bodies;
      3) emergency and accident services;
      4) civil protection forces in the territory of the relevant administrative-territorial entity.
      Maintenance of notification system of oblast, city of republican significance, the capital in instant readiness shall be ensured by territorial subdivision of authorized body.
      4. Local notification system shall ensure dissemination of warning signals and information to:
      1) population falling into design zone of dissemination of emergency situation;
      2) employees of organization operating the hazardous industrial facility;
      3) individuals being in the territory of covering the facility with mass stay of people;
      4) accident rescue services and groups servicing the hazardous industrial facilities;
      5) heads and duty dispatch services of legal entities located in design zone of dissemination of emergency situation.
      Maintenance of local notification system in instant readiness shall be ensured by a legal entity, operating the facility with mass stay of people, the hazardous industrial facility.
      5. Regulation on involvement of notification system shall be given:
      republican level – by the Prime-Minister of the Republic of Kazakhstan – by chief of civil protection of the Republic of Kazakhstan upon emergency situations of global dimension, head of authorized body upon emergency situations of region dimension, technical inspection of the republican notification system and conduct of republican study on civil protection;
      territorial level – by akim of oblast, city of republican significance, the capital or inferior akim for notifying population of the relevant administrative-territorial entities upon emergency situations of local dimension, by head of territorial subdivision of the authorized body upon conduct of technical inspections of the notification system of oblast, city of republican significance, the capital and studies on civil protection;
      site-level – by head of organization operating the facility with mass stay of people, the hazardous industrial facility or by person authorized by him (her).
      6. During involvement of warning signal “Attention all!”, the notification system shall ensure simultaneous and frequently repeated dissemination of information on threat of occurrence or occurrence of emergency situation to population and on procedure for actions of the people in created situation.
      7. Financing of measures on creation and operation of notification system of republican and territorial level shall be carried out at the expense of budget funds.
      Financing of measures on creation and operation of local notification system shall be carried out at the expense of the funds of legal entity, operating the facility with mass stay of people, the hazardous industrial facility.

Article 6. Unified duty dispatch service “112”

      1. Unified duty dispatch service “112” shall be created in territorial subdivisions of authorized body of oblast, city of republican significance, the capital, district, city of oblast significance.
      2. Formation, development and functioning of the unified duty dispatch service “112” shall be ensured by authorized body.
      3. State bodies as well as their territorial subdivisions, local executive bodies, legal entities operating the facilities with mass stay of people, the hazardous industrial facilities shall organize interaction of information communication networks and automation monitoring systems with the unified duty dispatch service “112”.
      4. Unified duty dispatch service “112” shall have the right to use information contained in data bases of accident and emergency services, communication providers, local executive bodies and other state bodies, services of civil protection within the competence.
      5. For the purpose of ensuring of acceptance and processing of messages from individuals and legal entities, the single telephone number “112” is available.
      6. Communication providers shall be obliged to render services to the unified duty dispatch system “112” without compensation on determination of location of calling user and on distribution of short text messages to the mobile phones of population upon threat or occurrence of emergency situations.

Article 7. Commissions on prevention and liquidation of emergency situations

      1. Commissions on prevention and liquidation of emergency situations are advisory and consultative bodies in the state system of civil protection and shall be created for the purpose of developing proposals on formation and conduct of the unified state policy in the scope of civil protection.
      Commissions on prevention and liquidation of emergency situations shall be created at republican and territorial levels of the state system of civil protection.
      2. Interdepartmental state commission on prevention and liquidation of emergency situations shall be created at republican level by decision of the Government of the Republic of Kazakhstan.
      3. Interdepartmental state commission on prevention and liquidation of emergency situations shall carry out the competence in interaction with central and local executive bodies, organizations, public associations.
      4. Main task of interdepartmental state commission on prevention and liquidation of emergency situations are development of proposals on:
      1) principal directions of development of the further improvement of civil protection;
      2) formation of the system of legal, economic, organization and technical and other measures in the scope of civil protection;
      3) creation and development of forces and means of civil protection;
      4) coordination of the activity of central and local executive bodies on the issues of prevention and liquidation of emergency situations, social and economic and legal protection, medical rehabilitation of citizens, injured in the result of accidents, catastrophes, natural and other disasters, as well as persons participated in liquidation of emergency situations and their consequences.
      5. Interdepartmental state commission on prevention and liquidation of emergency situations shall have the right to:
      1) make proposals on coordination of actions of central and local executive bodies, scientific organizations and public associations in the scope of civil protection;
      2) hear the heads and civil servants of central and local executive bodies, organizations on the issues related to measures in the scope of civil protection;
      3) request information from central and local executive bodies, organizations on their activity required for its work;
      4) conduct analysis of performing the measures on civil protection by central and local executive bodies;
      5) engage specialists of organizations (in coordination with their heads) for performance of analytical, expert and other works on the issues of civil protection;
      6) make proposals of the Prime-Minister of the Republic of Kazakhstan on appropriation of funds from the reserve of the Government of the Republic of Kazakhstan for life support of population upon liquidation of emergency situations of natural and technogenic character on the basis of approved regulations.
      6. Commissions on prevention and liquidation of emergency situations shall be created by decisions of local executive bodies at territorial level which carries out the activity in accordance with powers and tasks determined by decisions on their creation.
      Heads of local executive bodies are the chairmen of commissions on prevention and liquidation of emergency situations, the deputies of chairmen of commissions on prevention and liquidation of emergency situation – heads of territorial subdivisions of authorized body.

Article 8. Services of civil protection and evacuation bodies

      1. Republican, oblast, city, district services of civil protection shall be created for ensuring of performing the special measures of civil protection and training of forces and means for these purposes.
      2. The list of republican services of civil protection shall be approved by the Government of the Republic of Kazakhstan.
      3. Services of civil protection of territorial subsystem of civil protection shall be created by decisions of akims of the relevant administrative-territorial entities.
      4. Evacuation bodies shall be created for the purpose of organizing the performance of evacuation measures in central and local executive bodies, organizations related to categories on civil protection.

Article 9. Formation of civil protection

      1. Formation of civil protection is intended for conduct of accident rescue operations and urgent works in peace and war time.
      2. Formation of civil protection shall be created in central and local executive bodies, organizations.
      3. Men and women capable for work shall be admitted to formation of civil protection, with the exception of disabled persons of groups I, II and III, pregnant women, women having children at the age up to eight years, and in war time – the draftees having mobilization prescriptions.

Article 10. Educational organizations of authorized body

      1. Educational organizations of authorized body shall be carried out for the purpose of training of specialists with higher education on specialties determined by authorized body in the field of education in coordination with the authorized body, as well as for the purpose of raising qualification of specialists in the scope of civil protection.
      2. Main tasks of educational organizations of authorized body are:
      1) training of specialists in the scope of civil protection;
      2) creation of conditions for professional advancement and raise of qualification of specialists in the scope of civil protection;
      3) conduct of scientific researches on actual problems of improving the activity in accordance with profile of training of specialists, introduction of received results of researches in educational process and practice.

Chapter 3. STATE REGULATION IN THE SCOPE OF CIVIL PROTECTION

Article 11. Competence of the Government of the Republic of Kazakhstan in the scope of civil protection

      The Government of the Republic of Kazakhstan shall:
      1) develop principal directions of the state policy in the scope of civil protection, strategic and tactic measures on its carrying out;
      2) create state reserve;
      3) carry out general management and determine unified policy of developing the state reserve;
      4) appropriate the funds from the reserve of the Government of the Republic of Kazakhstan to liquidation of emergency situations and their consequences in the territory of the Republic of Kazakhstan, as well as to rendering of humanitarian assistance to other states;
      5) approve technical regulations in the scope of civil protection;
      6) establish classification of emergency situations of nature and technogenic character;
      7) approve the rules of organization and activity of the state system of civil protection;
      8) approve the rules of organization of notification system ofcivil protection and rules of notifying population, state bodies in emergency situations in peace and war time;
      9) approve nomenclature and storage volume of material values of the state reserve;
      10) approve the rules of acquisition, creation and use of property of civil defence;
      11) approve the list of storage facilities of material values of the state reserve;
      12) approve the rules of operating by material values of the state reserve;
      13) approve the rules of servicing of organizations possessing and (or) operating the hazardous industrial facilities by professional accident rescue services and groups;
      14) approve the safety rules on bodies of waters;
      15) approve the fire prevention rules;
      16) approve the rules of industrial safety ensuring for the hazardous industrial facilities of the branches of industry, as well as for the types of activity linked with the use of nuclear power, operation of main pipelines and hazardous technical equipment establishing the requirements of industrial safety to them;
      17) approve the rules of identifying the hazardous industrial facilities;
      18) approve the rules determining the criteria of referring the hazardous industrial facilities to declared, and rules of developing the industrial safety declaration of the hazardous industrial facility;
      19) approve the rules of determination of general danger level of the hazardous industrial facility;
      20) approve the rules of carrying out of activity of non-state fire-fighting services;
      21) approve the rules of creation, maintenance, financial and logistical support, training and engagement of formations of civil protection;
      22) approve the rules of carrying out of the state account of emergency situations of natural and technogenic character;
      23) approve the rules of discarding and utilization (destruction) of material values of the state reserve;
      24) approve the list of republican services of civil protection;
      25) approve the list of organizations and facilities on which the non-state fire-fighting service shall be created in compulsory manner;
      26) approve the regulations of minimal life support of population being in the zone of emergency situation;
      27) approve the regulations of supplying the rescuers by food products upon bearing of duty, as well as during the period of performing accident rescue operations and urgent works with paying the expenses at the expense of funds appropriated for maintenance of professional accident rescue services and groups;
      28) approve the rules of organization and carrying out the measures of civil defence;
      29) approve the rules of transferring civil protection from peace time into military situation, conduct of evacuation measures;
      30) approve the rules of applying military formations of civil defence in peace time;
      31) approve the rules of creation and use of facilities of civil defence;
      32) approve the rules of compensation of expenses to storage facilities of material values of the state reserve, as well as compensation of expenses for material values of the state reserve used for prevention and liquidation of emergency situations and their consequences, provision of regulatory impact on market, aid for refugees and humanitarian assistance;
      33) approve the rules of debtor indebtedness relief of the state reserve;
      34) approve the rules of releasing material values from the state reserve in the manner of recreation and release;
      35) approve the rules of calculating the length of service to rescuers of professional accident rescue services and groups for paying percentage surcharges for years of service;
      36) approve the rules of paying surcharges for qualification to rescuers of accident rescue services and groups;
      37) approve the rules of informing, propaganda of knowledge, training of population and specialists in the scope of civil protection;
      38) approve the list of subjects of commercial activity – recipients of material values, volume, price and amount of trade increment in case of using the state reserve for provision of regulating impact on market;
      39) take decision on deployment of separate military units of civil defence for conduct of accident rescue operations and urgent works upon large-scale accidents, catastrophes and natural disasters;
      40) take decisions on transfer to other place, reorientation to other type of accident rescue operations and urgent works or liquidation of republican and territorial professional accident rescue services and groups;
      41) take decisions on engagement of professional accident rescue services and groups to liquidation of emergency situations and their consequences beyond the boundaries of the territory of the Republic of Kazakhstan;
      42) take decisions on release of material values of the state reserve in the manner of borrowing and release, with the exception of cases of releasing material values for adoption of measures on prevention and liquidation of emergency situations;
      43) take decisions on placement and construction of facilities designed for storage of material values of the state reserve;
      44) take decisions on transfer of material values of the state reserve being subject to recreation on balance to other state bodies;
      45) take decisions on transfer of material values of the state reserve;
      46) take decision on additional layout of material values to the state reserve in excess of established volumes at the expense of budget funds;
      47) approve the rules of investigating accidents, distresses, catastrophes lead to occurrence of emergency situations;
      48) establish procedure for using means of communication, transport, property and other material resources of organizations being in the emergency situation zones for rescuing people and in case of extreme necessity;
      49) approve the rules of attestation and re-attestation of accident rescue services, groups and rescuers, as well as non-state fire-fighting services;
      50) approve qualification requirements submitted to accident rescue services and groups;
      51) approve qualification requirements submitted to non-state fire-fighting services;
      52) approve the rules of medical and psychological rehabilitation of servants of civil protection bodies on base of medical institutions and rehabilitation centres;
      53) approve the rules of creating fire posts by local executive bodies, as well as their material and technical equipping in inhabited localities where subdivisions of the state fire-fighting service are absent;
      54) approve the rules of steppe fire-extinguishing, as well as fires in inhabited localities where the subdivisions of the state fire-fighting service are absent;
      55) establish the regulations of equipping the professional accident rescue services and provision of dog services;
      56) establish samples and regulations of positedness of the uniform and special clothing of servants of the state fire-fighting service;
      57) establish regulations on supplying cadets of educational organizations of authorized body by food;
      58) approve the list of highly important facilities of the state property protected by the state fire-fighting service from fires;
      59) determine nomenclature and volume of material values of operating reserve of authorized body;
      60) approve the rules of coordinating activities of duty dispatch services and powers of the unified duty dispatch service “112” in the territory of the Republic of Kazakhstan;
      61) approve the requirements submitted to legal entities attested for performance of works in the field of industrial safety;
      62) approve the rules of compensation for harm (damage) inflicted to injured persons in a consequence of emergency situations of nature character;
      63) approve the action plans on liquidation of emergency situations of global and regional dimension;
      64) approve the rules of training and representing reports on existence and movement of material values of the state reserve;
      65) apply to foreign state, international organization in case of necessity for assistance in liquidation of emergency situation in the territory of the Republic of Kazakhstan;
      66) approve the rules of safety during conduct of diving operations;
      67) approve the normative standards of number of servants of the state fire-fighting service;
      68) approve the rules of issuance of permits for performing the explosive works;
      69) perform other functions imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 12. Authorized body

      1. Authorized body shall carry out the following powers:
      1) direct the civil protection forces upon organizing and carrying out of measures of civil protection;
      2) take decision within the competence on the issues of training and prosecution of civil defence, compulsory for fulfillment by central and local executive bodies, organizations and citizens;
      3) appropriate and use material funds of operating reserve of authorized body;
      4) approve the rules of operating, replacement, use, replenishment of material values of operating reserve of authorized body;
      5) ensure military and mobilization readiness of territorial subdivisions of authorized body, military units of civil defence and subdivisions of the state fire-fighting service;
      6) carry out admission of servants of the state fire-fighting service and military servants at service, transfer at service, dismissal from service, solution of issues of assignment of military and special ranks within the competence;
      7) hand out departmental awards and recommend to handing out of the state awards;
      8) draw up proposals on nomenclature and storage volumes of material values of the state reserve and submit them for approval of the Government of the Republic of Kazakhstan with participation of interested state bodies;
      9) make proposals to the Government of the Republic of Kazakhstan on a volume, pattern of expenditures upon formation and storage of material values of the state reserve;
      10) place purchase order of material values to the state reserve;
      11) ensure informing and notifying the population, managing bodies of civil protection in advance in existence of forecasting on threat of occurrence of emergency situation and (or) on an operational basis upon occurrence of emergency situation;
      12) carry out conduct of accident rescue operations and urgent works;
      13) carry out international cooperation in the scope of civil protection;
      14) carry out management of the state reserve system, ensure compliance with requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan upon placement, storage, replacement, recreation and intended use of material values of the state reserve;
      15) organize storage and recreation of material values of the state reserve system;
      16) acquire oil products, as well as to the state reserve froma single operator on supplying oil products determined by the Government of the Republic of Kazakhstan;
      17) carry out inventory of material values stored in storage facilities of material values of the state reserve, engage civil servants and specialists of the relevant state bodies for taking inventory;
      18) carry out measures on recovery of debts and penalties upon requirements arising from the agreements with participants of operations with material values of the state reserve;
      19) carry out conduct of inquiry on affairs of crimes linked with fires within the competence;
      20) coordinate the activity of fire-fighting services;
      21) carry out the state control in the field of fire security;
      22) carry out the state control in the field of civil defence;
      23) carry out the state supervision in the field of industrial safety;
      24) organize scientific researches, propaganda of knowledge, training of population and specialists in the scope of civil protection;
      25) carry out control of readiness of fire subdivisions in inhabited localities and on facilities against fires;
      26) determine structure of the plans of civil defence and action plans on liquidation of emergency situations;
      27) develop plans of civil defence of the Republic of Kazakhstan, oblasts, cities, districts and represent them for approval of the relevant heads of civil defence;
      28) develop action plans on liquidation of emergency situations of global and regional dimensions and represent them for approval of the Government of the Republic of Kazakhstan;
      29) develop and approve the plan of measures on training of managing bodies and civil protection forces;
      30) develop necessity in means of civil protection;
      31) approve the rules of storage, accounting, discarding and utilization of property of civil defence;
      32) approve the rules of registration and deregistration of protective structures of civil defence;
      33) approve the rules of registration of accident rescue services and groups;
      34) develop, approve and coordinate the drafts of regulatory legal acts of the Republic of Kazakhstan, legal acts and standards in the scope of civil protection within the competence;
      35) develop and approve the forms of compulsory departmental reporting, prompt sheets, risk assessment criteria, semiannual plans of conducting verifications in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      36) approve qualification requirements for specialized training centres in the field of fire security on training, retraining and raise of qualification of specialists of non-state fire-fighting services;
      37) approve the course outline on special training of specialists of the non-state fire-fighting services;
      38) approve the volume and content of engineering and technical measures of civil defence;
      39) approve the normative standards of storage of material values of the state reserve;
      40) approve the training program of rescuers of accident rescue services and groups;
      41) approve education initial training program of voluntary firemen;
      42) approve education training program of heads, specialists of managing bodies and civil protection forces, educating population on methods of protection and actions upon occurrence of emergency situations and military conflicts or in a consequence of these conflicts;
      43) approve provision on republican services of civil protection;
      44) approve the procedure for educating employees of organization and population on measures of fire security and requirements to contents of education programs on training in measures of fire security;
      45) take decision on release of material values of the state reserve system in the manner of recreation, as well as on release of material values of the state reserve for taking measures on prevention and liquidation of emergency situations in the manner of release;
      46) make proposals to the Government of the Republic of Kazakhstan on replacement of material values of the state reserve;
      47) take decisions on replacement of released material values of mobilization reserve for the purpose of replenishment of nomenclature of the state reserve;
      48) coordinate decisions of organization management on creation, replacement, reorientation or liquidation of site-level professional accident rescue services and groups;
      49) develop the list of storage facilities of material values of the state reserve in coordination with authorized body in the field of mobilization training and Ministry of Defence;
      50) ensure activity of the civil protection forces;
      51) direct materials of inventory to law enforcement bodies for solution of the question on bringing of persons guilty in violation of the procedure for storage and use of material values of the state reserve to responsibility;
      52) make proposals to the Government of the Republic of Kazakhstan on use of stocks of material and technical, food, medical and other resources available in composition of the state and mobilization reserves, on use of funds from the reserve of the Government of the Republic of Kazakhstan for liquidation of emergency situations and their consequences;
      53) organize and conduct verification of accidents jointly with interested state bodies within the competence;
      54) mobilize material and technical resources of organizations upon liquidation of emergency situations in accordance with the legislation of the Republic of Kazakhstan;
      55) conduct attestation of legal entities for the right of performing the works in the field of industrial safety;
      56) conduct attestation of non-state fire-fighting services for the right of performing the works on prevention and fire-extinguishing, ensuring of fire security and conduct of accident rescue operations in organizations, inhabited localities and on facilities;
      57) maintain state accounting in the scope of civil protection;
      58) establish the samples of special uniform for servants and other employees of civil protection bodies and state enterprises subordinated to authorized body;
      59) issue permit for applying technologies, technical equipment, materials applied on the hazardous industrial facilities, hazardous technical equipment;
      60) permit for permanent application of explosive substances and products based on them, performance of explosive works;
      61) approve the rules of issuing official certificate, lapel badge, numbered stamp and seal press to state inspector;
      62) establish the samples of official certificate, lapel badge, numbered stamp and seal press of state inspector;
      63) approve the forms of acts of the state inspectors;
      64) ensure protection of territories of inhabited localities and highly important facilities of the state property from fires;
      65) coordinate project documents on construction, extension, reconstruction, modernization, conservation and liquidation of the hazardous industrial facilities;
      66) ensure creation of reserve (city, country), satellite and mobile control points;
      67) ensure functioning of corporate information and communication system of civil protection, crisis management centres;
      68) approve requirements submitted for conformance to health condition and conduct of medical certification with authorized body in the field of health care service;
      69) develop regulations of minimal life support of population being in the zone of emergency situations;
      70) appropriate the funds from reserve of the Government of the Republic of Kazakhstan on the basis of request of the Prime-Minister of the Republic of Kazakhstan for life support of population upon liquidation of emergency situations of natural and technogenic character in the manner determined by the Government of the Republic of Kazakhstan;
      71) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.
      2. Authorized body shall have a flag and symbol.
      Description of the flag and symbol of authorized body shall be approved by the president of the Republic of Kazakhstan.

Article 13. Competence of central executive bodies in the scope of civil protection

      Within the competence, central executive bodies of the Republic of Kazakhstan shall:
      1) develop and approve the plan of civil defence of central executive body;
      2) develop, approve and (or) coordinate normative standards, standards and rules, maintain the state sectoral accounting in the scope of civil protection and represent this data to authorized body;
      3) direct services of surveillance, control of the situation and forecasting of emergency situations;
      4) organize scientific researches, propaganda of knowledge, training of population and specialists in the scope of civil protection;
      5) ensure fulfillment of regulatory legal acts of the Republic of Kazakhstan in the scope of civil protection;
      6) prepare proposals according to the list of organizations for storage of material values of the state reserve;
      7) forward proposals on replacement of material values of mobilization reserve to authorized body in the field of mobilization training;
      8) provide organizational assistance to authorized body upon formation and storage of material values of the state reserve;
      9) make proposals to the Government of the Republic of Kazakhstan in coordination with authorized body on borrowing and release of material values of the state reserve;
      10) conclude agreements with organizations on storage of material values of mobilization reserve;
      11) make proposals to the Government of the Republic of Kazakhstan on volume and structure of expenses on formation and storage of material values of mobilization reserve;
      12) carry out measures on prevention of fires in subordinate organizations;
      13) carry out management of sectoral subsystems of civil protection;
      14) create stocks of property of civil defence in subordinate organizations and carry out control of their storage, updating and maintenance in readiness for use;
      15) organize development and approval of action plans on liquidation of emergency situations of global and regional dimension;
      16) ensure creation of reserve (city, country), satellite and mobile control points;
      17) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 14. Competence of the Ministry of Defence of the Republic of Kazakhstan in the scope of civil defence

      Ministry of Defence of the Republic of Kazakhstan shall:
      1) notify authorized body, and through the local bodies of military administration – territorial subdivisions of authorized body on imposition of military readiness of the relevant condition, as well as on calling of mobilization;
      2) conduct calling of citizens to military service to the system of civil defence of the Republic of Kazakhstan, as well as calling of citizens on mobilization on the basis of decrees of the President of the Republic of Kazakhstan;
      3) interact with authorized body upon solution of tasks on protection of population and territories from consequences of applying modern means of destruction, as well as on prevention and liquidation of emergency situations and their consequences;
      4) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 15. Competence of local representative and executive bodies in the scope of civil protection

      1. Local executive bodies shall:
      1) have the right to approve the rules on maintenance of public order and security upon occurrence of emergency situations, their prevention and liquidation, for violation of which the administrative responsibility is provided;
      2) carry out other powers on ensuring of rights and legal interests of citizens in accordance with the legislation of the Republic of Kazakhstan.
      2. Local executive bodies in the scope of civil protection shall carry out liquidation of consequences of emergency situations of local dimension in the territory of the relevant administrative-territorial entity, as well as ensure their prevention and liquidation jointly with territorial subdivisions of authorized body.
      3. Powers of local executive bodies in the scope of civil protection shall include:
      1) informing of population and organizations on measures in the scope of civil protection;
      2) organization of fire posts, their material and technical equipping in inhabited localities where the subdivisions of state fire-fighting service are absent;
      3) rendering of necessary assistance in case of adverse effect of the hazardous industrial factors with engagement of available forces, means and resources on carrying out of measures on their localization, rescuing of life of people, protection of their health, rights and interests, protection of property, maintenance of public order;
      4) creation and maintenance of forces and means of territorial management subsystem of civil protection in instant readiness;
      5) participation in investigation of accidents, emergency situations;
      6) ensuring of implementing the local budget on civil defence, prevention and liquidation of emergency situations and their consequences in accordance with approved budget appropriations;
      7) carrying out of measures on environment enhancement, restoration of economic activity of individuals and legal entities after liquidation of emergency situations;
      8) management of territorial subsystem of civil protection within the competence;
      9) determination of volumes and taking necessary measures on accumulation, storage, updating and maintenance of the property of civil defence in readiness;
      10) increase of reliability and constancy of existing knowledge and structures in districts of developed mine fields and earthquake regions;
      11) organization of placing technical means of notification and informing;
      12) organization of information interaction of accident and emergency services of oblasts, cities of republican significance, the capital, districts, cities of oblast and district significance, services of civil protection with unified duty dispatch service “112”;
      13) life support of population in emergency situations;
      14) approval of action plans on liquidation of emergency situations of local dimension and their consequences;
      15) extinguishment of steppe fires, as well as fires in inhabited localities where the subdivisions of state fire-fighting service are absent;
      16) appropriation of funds from emergency reserve of local executive bodies on prevention and liquidation of emergency situations of natural and technogenic character and their consequences;
      17) development and taking measures on prevention of emergency situations, conservation of life and health of people, protection of material and cultural values, as well as liquidation of consequences and reduction of harm upon emergency situations;
      18) health maintenance organization, as well as provision of medicinal products and medical accessories to injured persons in the zone of emergency situation;
      19) ensuring of creation of reserve (city, country), satellite and mobile control points;
      20) carrying out of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of local state government.
      4. Local executive bodies shall have the right to:
      1) take decision on appropriation of budget funds in accordance with the budget legislation of the Republic of Kazakhstan for social assistance in accordance with paragraphs 3, 4, 5 and 7 of Article 103 of this Law to voluntary firemen, rescuers of voluntary accident rescue services and groups, as well as their family members;
      2) provide assistance in equipping of voluntary accident rescue services and groups, voluntary fire-fighting groups;
      3) provide assistance to authorized body in material and technical equipping, construction, reconstruction and repair of buildings and structures of its territorial subdivisions and state institutions subordinated to it in existence of budget funds in accordance with the list approved by the authorized body.

Article 16. Rights and obligations of organizations in the scope of civil protection

      1. Organizations shall have the right to:
      1) make proposals on ensuring of civil protection to state bodies and bodies of local self-government;
      2) perform works on establishment of the reasons and circumstances of accidents, incidents and fires occurred on their facilities;
      3) establish measures of social and economic incentive on ensuring of civil protection within the ambits determined by the legislation of the Republic of Kazakhstan;
      4) receive information on the issues of civil protection;
      5) create, reorganize and liquidate non-state fire-fighting service in the manner established by the legislation of the Republic of Kazakhstan, maintained by them at the expense of own funds, as well as engage non-state fire-fighting service on the basis of agreements;
      6) conduct risk assessment criteria in the field of industrial safety.
      2. Organizations shall be obliged to:
      1) comply with requirements established by the legislation of the Republic of Kazakhstan in the scope of civil protection, as well as perform prescription on elimination of violations issued by the state inspectors;
      2) develop and carry out measures on ensuring of industrial and fire security;
      3) conduct fire-fighting propaganda, as well as train own employees in measures of fire security;
      4) create non-state fire-fighting service or conclude the agreements with the non-state fire-fighting service in cases provided by the legislation of the Republic of Kazakhstan;
      5) maintain the systems and means of fire-extinguishing in proper condition, not to allow their use for purposes other than that intended;
      6) provide assistance upon fire-extinguishing, liquidation of accidents, establishment of the reasons and conditions of their occurrence and development, as well as upon detection of persons that allowed the violation of requirements of fire and industrial security, fire development and accidents, provide an access to subdivisions of the civil protection forces upon carrying out of official duties by them in the territory of organizations in the manner established by the legislation of the Republic of Kazakhstan;
      7) represent details and documents on condition of fire and industrial security, as well as on fire hazard of the products manufactured by them, as well as on fires, accidents, incidents and their consequences occurred on their territories upon request of authorized body and state inspectors;
      8) inform fire-fighting service immediately on occurred fires, defects of available systems and means of fire-fighting protection, on changing conditions of roads and entry points;
      9) provide information, notify employees and population on threat of occurrence or on occurrence of emergency situations in the manner established by the legislation of the Republic of Kazakhstan;
      10) ensure compensation for harm (damage) inflicted in consequence of emergency situations to employees and other citizens, carry out measures on environment enhancement, restoration of economic activity of individuals and legal entities after liquidation of emergency situations, in the cases provided by the legislation of the Republic of Kazakhstan;
      11) plan and carry out the measures on protection of employees and facilities of industrial and social significance from emergency situations.
      3. In addition of paragraph 2 of this Article, organizations having hazardous industrial facilities and (or) engaged to work on them shall be obliged to:
      1) apply technologies, technical equipment, materials allowed for applying in the territory of the Republic of Kazakhstan;
      2) organize and carry out industrial control of compliance with requirements of industrial safety;
      3) conduct examination and diagnostics of industrial buildings, technical structures;
      4) conduct technical certification of technical equipment applied on hazardous industrial facilities, as well as on those mentioned in paragraph 2 of Article 71 of this Law;
      5) conduct expert examination of technical equipment that completed standard operation time, for determination of possible term of their following safety operation;
      6) allow persons and employees conforming to established requirements of industrial security to work on the hazardous industrial facilities;
      7) take measures on prevention of entry of authorized persons to the hazardous industrial facilities;
      8) conduct analysis of the reasons of occurrence of accidents, incidents, carry out measures oriented to prevention and liquidation of adverse effect of the hazardous industrial factors and their consequences;
      9) inform immediately territorial subdivision of authorized body, local executive bodies, population falling into design zone of dissemination of emergency situation and employees on the accidents and on occurrence of the hazardous industrial factors;
      10) maintain accounting of accidents, incidents;
      11) provide expenses for ensuring of industrial safety upon development of the plans of financial and economic activity of the hazardous industrial facility;
      12) represent information on rate of injuries and incidents to territorial subdivisions of authorized body;
      13) provide the means of individual protection, safety devices to state inspector upon being on the hazardous industrial facility;
      14) ensure well-timed updating of technical equipment that completed their standard operation time;
      15) declare industrial safety of the hazardous industrial facilities determined by the Law;
      16) ensure manning of employees staff of the hazardous industrial facility in accordance with requirements established by the legislation of the Republic of Kazakhstan;
      17) ensure training, retraining and verification of knowledge of specialists, employees in the field of industrial safety;
      18) conclude service agreements with professional militarized accident rescue services and groups in accordance with the legislation of the Republic of Kazakhstan or create site-level professional accident rescue services and groups for servicing the hazardous industrial facilities of these organizations;
      19) notify territorial subdivision of authorized body in written on coming carriage of the hazardous substances no less than three calendar days before their carrying out;
      20) carry out registration, deregistration of the hazardous industrial facilities in territorial subdivision of authorized body;
      21) coordinate draft documents on construction, extension, reconstruction, modernization, conservation and liquidation of the hazardous industrial facility in accordance with the Law;
      22) conduct acceptance inspections, technical certifications with participation of the state inspector upon putting of the hazardous industrial facility into operation;
      23) maintain site-level professional accident rescue services and groups in readiness with ensuring of kitting, necessary technology, equipment, means of insurance and individual protection for conduct of accident rescue operations;
      24) plan and carry out the measures on localization and liquidation of possible accidents and their consequences on the hazardous industrial facilities;
      25) have reserves of material and financial resources for performance of works in accordance with the liquidation plan of accidents;
      26) create systems of monitoring, communication and maintenance of actions in case of occurrence of accidents, incidents on the hazardous industrial facilities and ensure their stable functioning;
      27) carry out training of employees in actions in case of accident, incident on the hazardous industrial facilities;
      28) create and maintain local notification systems in instant readiness.
      4. Action of subparagraph 18) of paragraph 3 of this Article shall not apply to organizations having the hazardous industrial facilities and (or) engaged to work on them, if on these facilities they carry out only:
      geological prospecting works with the exception of geologic exploration of raw hydrocarbon deposits, and mining works on extraction of common commercial minerals without performance of drilling and blasting operations;
      works with the use of lifting mechanisms.
      5. Organizations related to categories on civil defence in addition to paragraph 2 of this Article shall be obliged to:
      1) develop and implement the plans of civil defence;
      2) develop, approve and implement the action plans on liquidation of emergency situations of site-level character and their consequences;
      3) carry out measures of civil defence on protection of employees and facilities upon conduct of military conflicts;
      4) carry out training of employees on civil defence;
      5) create stocks and maintain the means of collective and individual protection in instant readiness;
      6) organize conduct of accident rescue and urgent works on its facilities.

Article 17. Activity of public associations in the scope of civil protection

      1. Public associations in the scope of civil protection shall:
      carry out propaganda of knowledge in the scope of civil protection among population;
      provide assistance to central and local executive bodies in provision of emergency humanitarian and other assistance to injured persons;
      carry out other activity not inconsistent with the legislation of the Republic of Kazakhstan.
      2. Representatives of public associations shall have the right to participate in liquidation of emergency situations in existence of status of a rescuer or voluntary fireman, with the exception of cases established by this Law.
      3. Public associations shall coordinate the activity on provision of emergency humanitarian and other assistance to injured persons with authorized body or its territorial subdivisions, their actions shall be reflected in the relevant action plans on liquidation of emergency situations and their consequences.

Article 18. rights and obligations of individuals in the scope of civil protection

      1. Individuals shall have the right to:
      1) preliminary receipt of information on a risk of occurrence of the hazardous factors of emergency situations that may be subjected, and on necessary security measures;
      2) apply in person, direct collective applications on the issues of protection of citizens, facilities from emergency situations and consequences, caused by them to state bodies and bodies of local self-government of the Republic of Kazakhstan;
      3) participate in the measures on prevention and liquidation of emergency situations and their consequences within the ambits established by the Laws of the Republic of Kazakhstan;
      4) use means of collective and individual protection, other property designed for protection of citizens, in cases provided by this Law;
      5) compensation for harm inflicted to their health, and damage of property in consequence of emergency situations of natural and technogenic character in the manner established by the legislation of the Republic of Kazakhstan;
      6) protection of life, health and personal property in case of occurrence of emergency situations;
      7) social security in cases of loss of earning capacity due to maim or disease, loss of wage earner, died or deceased from maim or disease, if they occurred due to performance of obligations on liquidation of emergency situations and their consequences, in accordance with the legislation of the Republic of Kazakhstan;
      8) present claims to court for compensation for harm inflicted to their health, and damage to property due to emergency situations of natural and technogenic character.
      2. Individuals shall be obliged to:
      1) comply with the legislation of the Republic of Kazakhstan in the scope of civil protection;
      2) inform the unified duty dispatch service “112” on threats of occurrence or occurrence of emergency situations became known to them;
      3) know and perform the order of actions upon signal “Attention all!”;
      4) undergo training on civil protection;
      5) comply with security measures in household use and daily labour and economic activity, not to allow violations of production and technical discipline, safety requirements that may lead to occurrence of emergency situations;
      6) take measures within their powers on rescuing people, property and fire-extinguishing before arrival of subdivisions of fire-fighting service;
      7) provide assistance to fire-fighting service upon fire- extinguishing not linked with their extinguishment immediately;
      8) perform prescriptions and legal requirements of state inspectors and bodies of civil protection;
      9) participate in undergoing studies and trainings on liquidation of emergency situations and their consequences, treat with due care to means of protection of population and facilities.
      3. In addition to paragraph 2 of this Article, individuals working on the hazardous industrial facilities shall be obliged to:
      1) comply with requirements of industrial and fire security;
      2) inform immediately the administration of organization on accidents, incidents on the hazardous industrial facility, notify fire-fighting service in case of detecting fires;
      3) undergo training and instruction manual, retraining, verification of knowledge on the issues of fire and industrial safety;
      4) provide assistance to commission on investigation of accident.
      4. Foreign persons and stateless persons shall enjoy the rights and incur obligations in the scope of civil protection established for citizens of the Republic of Kazakhstan, unless otherwise provided by the Laws of the Republic of Kazakhstan and international treaties.

SECTION 2. CIVIL DEFENCE

Chapter 4. MANAGEMENT AND MEASURES OF CIVIL DEFENCE

Article 19. Management and administration of civil defence

      1. Management of civil defence shall be carried out by the Prime-Minister of the Republic of Kazakhstan that by virtue of his (her) position is a head of civil defence of the Republic of Kazakhstan.
      2. Head of authorized body by virtue of his (her) position is a deputy of the head of civil defence of the Republic of Kazakhstan and shall direct civil defence in peace time.
      3. Management of civil defence in central executive bodies and organizations shall be carried out by chief executive officers that by virtue of their position are the relevant heads of civil defence.
      4. Management of civil defence in administrative territorial entities of the Republic of Kazakhstan shall be carried out by akims that by virtue of their position are the heads of civil defence of the relevant administrative territorial entities.
      5. Heads of territorial subdivisions of authorized body by virtue of their positions are the deputies of the relevant heads of civil defence of administrative territorial entities.
      6. Preparation of the state on civil defence shall be carried out in advance in peace time in recognition of development of armament, military equipment and means of protection of population and facilities.
      7. In exceptional cases, the prosecution of civil defence in the territory of the Republic of Kazakhstan or in its separate locations shall begin from actual beginning of military conflicts or imposition of military situation in the territory of the Republic of Kazakhstan or in its separate locations under regulation of the Prime-Minister of the Republic of Kazakhstan.
      8. Ensuring of implementing of measures of civil defence shall be imposed on:
      1) authorized body and its territorial subdivisions;
      2) structural subdivisions on organization and prosecution of civil defence in central and local executive bodies of oblasts, cities of republican significance, the capital;
      3) structural subdivisions or separate employees on organization and prosecution of civil defence in organizations related to the categories on civil defence, subordinated immediately to chief executive officer.
      Part of positions within the limit of staff numbers in authorized body, its territorial subdivisions and subordinate state institutions shall be grouped by military servants, as well as by those transferred (attached) from the Ministry of Defence, special state bodies, law enforcement bodies, other forces and military formations.
      9. Heads of civil defence shall be obliged to:
      1) approve and enter the plan of civil defence of the relevant level into force in the manner established by the head of civil defence of the Republic of Kazakhstan;
      2) carry out evacuation measures on subordinate territory in the manner established by the legislation of the Republic of Kazakhstan;
      3) engage citizens and organizations in carrying out of measures of civil defence in the manner established by the legislation of the Republic of Kazakhstan.

Article 20. Appropriation of cities to the groups on civil defence. Appropriations of organizations to the categories on civil defence

      1. Appropriation of cities to the groups, and organizations to the categories on civil defence shall be carried out for the purpose of complex and differentiated carrying out of measures of civil defence depending on the state, defence significance and life support of population.
      2. The following groups shall be determined for cities depending on the volume of performed tasks on civil defence: special, first, second and third.
      Appropriation of citizens to the groups shall be established by the following categories:
      1) the capital and city of republican significance – to special group;
      2) the first group shall include the cities:
      with population of one million people and more;
      with population of five hundred thousand people and more, in the territory of which there are no less than three organizations of special important category or more than fifty categorized organizations;
      if more than fifty percent of population or territory of the city falls into zone of possible emergency situation of global or regional dimension;
      3) the second group shall include the cities:
      with population of five hundred thousand people and more;
      with population from two hundred and fifty thousand people to five hundred thousand people, in the territory of which there are no less than two special important organizations or more than twenty categorized organizations;
      if from thirty to fifty percent of population or territory of the city falls into zone of possible emergency situations of global or regional dimension;
      4) the third group shall include the cities:
      with population from two hundred and fifty thousand people to five hundred thousand people;
      with population from ten thousand people to two hundred and fifty thousand people in the territory of which there are one special important organization and more than two categorized organizations;
      if less than thirty percent of population or territory of the city falls into zone of possible emergency situation of global or regional dimension.
      3. Depending on potential danger, size of social economic consequences of possible emergency situations, the following categories on civil defence shall be determined for organizations: special important and categorized.
      Special important category shall include organizations in the territory of which there are strategic objects, the violation of functioning of which creates a threat of national security and danger of occurrence of emergency situations.
      Categorized category shall include organizations, the violation of functioning of which may lead to significant social economic consequences, occurrence of emergency situations of regional and local dimension;
      special important objects of the state property;
      organizations with actual, building, reconstructing and projecting hazardous industrial facilities of manufacturing industry, transport communication complex, energy production, communication and having important state and economic significance;
      organizations engaged in production, processing, carriage, acquisition, storage, selling, use and destruction of poisons;
      organizations in the territory of which there are vital infrastructures.
      4. In case if organization is located in one production territory with organization appropriated to the category of civil defence, it shall be equated to the same category.
      5. Local executive bodies of oblasts, cities of republican significance, the capital together with territorial subdivisions of authorized body shall make proposals on the annual basis on appropriation of cities to the groups, organizations – to the categories on civil defence and shall direct them to authorized body for approval.

Article 21. Measures of civil defence

      For the purpose of protection of population, facilities and territory of the Republic of Kazakhstan, reduction of damage and losses upon occurrence of military conflicts, the central and local executive bodies, organizations appropriated to the categories on civil defence shall carry out the following measures on civil defence within the competence:
      1) in advance:
      plan development of civil defence;
      creation and development of management systems, notification and communication systems and their maintenance in readiness for use;
      creation, manning, equipping and maintenance of the forces of civil protection in readiness;
      training of managing bodies of civil protection and training of population in methods of protection and actions in the cases of applying modern means of destruction;
      construction and accumulation of the fund of protective structures of civil defence, their maintenance in readiness for functioning;
      creation, accumulation and well-timed recreation of property of civil defence;
      planning of evacuation measures;
      planning and performance of measures on stable functioning of branches and organizations;
      2) upon occurrence of military conflicts:
      notifying on a threat and applying of modern means of destruction, informing population on procedure for actions;
      sheltering of population in protective structures of civil defence, in case of necessity – use of means of individual protection;
      medical treatment to wounded and defeated persons;
      carrying out of evacuation measures;
      creation of additional control points, points of notification and communication of civil protection;
      conduct of accident rescue operations and urgent works;
      restoration of violated management systems, notification and communication systems;
      restoration of readiness of formation of civil protection.

Chapter 5. MILITARY UNITS, FACILITIES AND PROPERTY OF CIVIL DEFENCE

Article 22. Military units of civil defence and their tasks in peace and war time

      1. Main tasks of military units of civil defence are:
      1) in peace time:
      liquidation of emergency situations in the territory of the Republic of Kazakhstan;
      organization of military, mobilization and political training;
      performance of works on life support of population in emergency situation zones;
      participation in measures oriented to prevention of emergency situations;
      ensuring of protection and service of control points, being in charge of authorized body;
      carriage, accompaniment and protection of cargos delivered to emergency situation zones, as well as to foreign states;
      carrying out of measures on training to mobilization deployment and bringing to maximum level of military readiness;
      maintenance of training facilities, bases in readiness;
      maintenance of operating reserve of authorized body;2) in war time:
      creation of defensive barriers and positions;
      radiation, chemical intelligence in damage centres and contaminated zones;
      conduct of accident rescue operations and urgent works in damage centres, contaminated zones and zone of catastrophic overflowing;
      restoration of aerodromes, roads, crossings and other important elements of infrastructure of rear area, equipment of transshipment points;
      participation in carrying out of evacuation measures;
      performance of separate tasks of territorial defence;
      fulfillment of instructions of the General Staff of Armed Forces of the Republic of Kazakhstan on the issues of organization of defence.
      2. Participation of military units of civil defence in accident rescue operations and urgent works in the territories of foreign states shall be carried out in the manner determined by international treaties ratified by the Republic of Kazakhstan.
      3. Decision on applying military units of civil defence in peace time shall be taken by a head of authorized body.
      4. Military units of civil defence shall be grouped by civil personnel as well. The list of positions substituted by civil personnel shall be established by a head of authorized body within the limits of aggregate number of authorized body approved by the Government of the Republic of Kazakhstan.
      5. For mobilization deployment of military units of civil defence, according to the staff and regulations of positedness it shall be created and maintained: technology, armament, stocks of material and technical means.
      6. Upon conduct of accident rescue operations and urgent works, the service regime and length of working day of personal staff of military units of civil defence shall be established by a head of liquidation of emergency situation in recognition of character, special aspects of their conduct, sanitary rules and hygienic standards.
      7. Living premises and other constructions of military towns, training areas, educational objects, educational and material base, material and technical means of military units of civil defence are the state property. Listed property and other property alienated to military units of civil defence shall be attached for them on the right of operative management.

Article 23. Objects and property of civil defence

      1. Objects of civil defence shall include: control points, free-standing and built-in asylums, radiation shelters, storage capacities for storage of property of civil defence.
      Property of civil defence shall include: means of individual protection, devices of radiation, chemical intelligence and dosimetric control, means of medical protection, means of communication and notification and other material and technical means.
      2. For ensuring of measures of civil defence, the stocks of property of civil defence shall be created in managing bodies of civil protection.
      3. Objects and property of civil defence being the state property and intended for ensuring of measures of civil defence and performance of mobilization tasks shall not be subject to alienation.
      4. Reserve (city, country), satellite and mobile control points shall be created for operative management by the forces and means of civil protection.
      5. Protective structures of civil defence of state bodies shall be maintained at the expense of budget funds.
      Protective structures of civil defence located in the territory of organizations appropriated to categories on civil defence having mobilization order shall be maintained at the expense of organizations. Protective structures of civil defence shall be designed for the largest working shift and used for the purpose of civil protection.
      6. In case of reorganization or liquidation of a legal entity having the objects and property of civil defence, the obligations on maintenance of objects and property of civil defence in readiness and intended use, as well as tasks on their creation and accumulation shall be transferred to new owners of objects and property of civil defence.

SECTION 3. AVIATION OF AUTHORIZED BODY, ACCIDENT RESCUE SERVICES AND GROUPS

Article 24. Aviation of authorized body

      Aviation of authorized body shall perform:
      1) flights on conduct of search and rescue and accident rescue operations, rendering of assistance upon natural disasters;
      2) flights on medical treatment to population and carrying out of sanitary measures;
      3) transport and passenger flights on delivering personnel staff and cargo of authorized body, its territorial subdivisions, accident rescue services and groups to the emergency situation zones;
      4) flights on evacuation of injured persons, population and property from the emergency situation zones, as well as citizens of the Republic of Kazakhstan from foreign states;
      5) flights on delivering of humanitarian cargo to the emergency situation zones;
      6) participation in republican and international studies, in international projects;
      7) rendering of services on technical maintenance and repair of aviation technology and its components;
      8) air carriage of passengers, luggage, cargos and mails linked with activity in the scope of civil protection;
      9) flights on production of aerial, cartographo-geodetic and aerial-chemical works;
      10) flights on servicing of forest management;
      11) flights on ensuring of construction and installation and cargo-handling operations in the scope of civil protection;
      12) flights from sea-going ships and marine drilling rigs, artificial islands of oil and gas section on carriage of watch-based brigades, equipment;
      13) carrying out of airport activity;
      14) flights on patrolling of steppe, water, forest and mountain areas for prevention and liquidation of emergency situations and their consequences;
      15) flights on prevention and extinguishment of fires;
      16) flights on organizing the services of supervision and notifying (drop shipment and servicing of posts);
      17) flights on servicing of field expeditionary operations;
      18) aerovisual flights on checking power transmission lines and main pipelines;
      19) training flights for maintenance of professional level of flight personnel and technology insertion.

Chapter 6. ACCIDENT RESCUE SERVICES AND GROUPS

Article 25. Creation of accident rescue services and groups

      1. Accident rescue services and groups shall be divided into professional and voluntary accident rescue services and groups.
      2. Government of the Republic of Kazakhstan shall create services of emergency medical and psychological treatment, fire and rescue, operative and rescue, water and rescue, accident rescue and other specialized professional accident rescue services and groups in the scope of civil protection.
      3. Heads of organizations operating the hazardous industrial facilities shall have the right to create site-level professional accident rescue services and groups in coordination with authorized body.
      4. Professional accident rescue services and groups shall be placed in specialized complex of buildings and structures and equipped in accordance with the legislation of the Republic of Kazakhstan.
      5. Voluntary accident rescue services and groups shall be created by individuals, legal entities, as well as local executive bodies and shall be equipped by special technology, equipment, outfit, gear and instruments.

Article 26. Activity of accident rescue services and groups

      1. Activity of professional accident rescue services and groups shall bear special character, entail rigorous execution of orders and regulations of heads of these services by employees. The requirements shall apply to voluntary accident rescue groups as well from the date of their engagement in participation in liquidation of emergency situation.
      2. Instant readiness of professional accident rescue services and groups shall be ensured by undergoing of studies, lessons and special training camps on professional training and shall be verified in the course of attestation, re-attestation and verifications carried out by authorized body.
      3. Operative transport of accident rescue services and groups of authorized body shall be equipped by special devices of audio and light signals, as well as standard type light graphic colouring.

Article 27. Attestation of accident rescue services, groups and rescuers

      1. Accident rescue services, groups and rescuers shall be subject to attestation and re-attestation.
      2. Attestation of accident rescue services, groups and rescuers shall be conducted for the purpose of determining:
      1) level of readiness for performance of accident rescue operations by them;
      2) existence and state of the relevant technology, property and outfit;
      3) compliance of rescuers with professional training, medical preparation, physical, psychological and moral readiness.
      3. Accident rescue services, groups and rescuers shall be subject to initial, repeated, periodical and unscheduled attestation:
      1) newly created accident rescue services and groups, as well as citizens decided to be a rescuer shall be subject to initial attestation;
      2) repeated attestation shall be conducted after elimination of all the shortages detected in course of previous attestation, for restoration of activity of accident rescue services, groups and rescuers;
      3) periodical attestation of accident rescue services, groups and rescuers shall be conducted once every three years;
      4) unscheduled attestation of accident rescue services, groups and rescuers shall be conducted in case of changing a type or types of accident rescue operations performed by them.
      4. Attestation shall be conducted by attestation commissions created in the manner established by the Government of the Republic of Kazakhstan.
      Class qualification “Rescuer of international class” shall be assigned by attestation commission of authorized body to rescuers independently from departmental subordination of accident rescue group in which they work.
      5. Accident rescue services and groups that underwent attestation shall be issued by certificates of single sample, established by authorized body for the right of conducting particular type or types of accident rescue operations, on the basis of decision of the relevant attestation commissions.

Article 28. Registration of accident rescue services and groups

      1. Accident rescue services and groups shall be subject to compulsory registration on the basis of certificate for the right of performing accident rescue operations and urgent works.
      2. Registration and accounting of accident rescue services and groups shall be carried out by authorized body.

Article 29. Coordination of activity of accident rescue services and groups, as well as non-state fire-fighting services

      1. Coordination of activity of accident rescue services and groups, as well as non-state fire-fighting services shall be carried out by authorized body.
      2. Coordination of activity of accident rescue services and groups, as well as non-state fire-fighting services in the territory of the Republic of Kazakhstan shall be carried out for the purpose of:
      1) operative engagement of necessary forces and means for liquidation of emergency situations;
      2) practicing of interaction between accident rescue services, groups and subdivisions of non-state fire-fighting services.

Article 30. Reorientation and liquidation of accident rescue services and groups

      1. Ground for reorientation to other type of accident rescue operations and urgent works or liquidation of professional accident rescue services and groups, compulsory creation of which is provided by the legislation of the Republic of Kazakhstan is the termination of activity of organizations serviced by them or elimination of a threat of occurrence of emergency situations for prevention and liquidation of which the mentioned services and groups are intended.
      2. Upon taking decisions on liquidation of voluntary accident rescue services and groups, the management of organization shall inform authorized body in this.

Article 31. Rescuers

      1. Citizens attained the age of eighteen years, underwent special training and attested for performing accident rescue operations shall be allowed to fulfillment of obligations of rescuers in accident rescue services and groups in the manner established by the Government of the Republic of Kazakhstan.
      2. Citizens of the Republic of Kazakhstan shall acquire status of rescuers following the result of attestation on performing accident rescue operations after passing of medical certification, test of professional qualities, psychological tests, performance of special training standards on physical training.
      3. Upon taking decision by attestation commission on assignment of status of rescuers, the citizens of the Republic of Kazakhstan shall be issued by certificate, book of a rescuer, badge with marked last name, first name and patronymic (in its existence), blood group and register number of a rescuer according to samples established by authorized body.
      4. In case of performing accident rescue operations and urgent works, rescuers shall be governed by this Law, other regulatory legal acts of the Republic of Kazakhstan on the issues of accident rescue activity and shall be subordinated only to heads of accident rescue services and groups, in composition of which the mentioned works are conducted.
      5. No one shall have the right to make an impact on rescuers in any form for the purpose of impeding the fulfillment of their obligations.

Article 32. Manning of accident rescue services and groups

      1. Management personnel of accident rescue services shall be grouped from among the persons having higher education conforming to specific of the activity of accident rescue service or group and underwent special training.
      2. Persons recognized by patients with alcoholism, drug addiction and substance abuse and those being registered in health care organizations, recognized as unserviceable due to mental disease, as well as having outstanding or unexpunged conviction may not be admitted to work as rescuers in the manner established by the Laws of the Republic of Kazakhstan.
      3. Manning of personal staff of accident rescue services or groups shall be carried out from among the persons having a status of a rescuer.
      4. Persons having a status of rescuers that not admitted to work on the grounds mentioned in paragraph 2 of this Article shall be admitted to work upon termination of mentioned grounds after probation in professional accident rescue services within three months.

Article 33. Rights of rescuers

      1. Rescuers engaged in accident rescue operations and urgent works shall have the right to unscheduled acquisition of tickets to all the types of transport upon movement to the place of performing mentioned works.
      2. Rescuers shall be supplied with special clothing and outfit according to regulations of positedness.
      3. In the course of performing accident rescue operations and urgent works, rescuers shall have the right to:
      1) full and credible information required for fulfillment of their obligations;
      2) unimpeded access to the territory, dwelling place and other premises, on land plots belonged to individuals and legal entities for taking the measures oriented to rescuing of people, conduct of accident rescue operations, with the exception of premises, land plots occupied by diplomatic representatives, consular institutions of foreign states, as well as representatives of international organizations;
      3) requesting compliance with established security measures from all the persons being in emergency situation zone;
      4) gear and equipment in accordance with technology of performing accident rescue operations;
      5) restriction or temporary prohibition of access of citizens to separate fields, territories, in premises of buildings for the purpose of their safety ensuring;
      6) opening of closed doors and windows, as well as cladding structures in necessary cases for rescuing of people;
      7) use transport, means of communication, property and other material funds of organizations being in emergency situation zone for rescuing people, in cases and in the manner established by the Government of the Republic of Kazakhstan.
      4. Rescuers acting in conditions linked with rescuing of human life upon performing accident rescue operations shall be released from compensation of inflicted damage.
      5. Rescuers of accident rescue services and groups shall have the right to supplying by food products during the period of performing accident rescue operations and urgent works according to the regulations established by the Government of the Republic of Kazakhstan, and residence with paying expenses at the expense of funds appropriated for maintenance of accident rescue services and groups.
      6. Rescuers of professional accident rescue services and groups injured in course of fulfilling the obligations imposed on them by labour agreement shall have the right to gratuitous medical treatment.
      Rescuers of voluntary accident rescue services and groups, citizens that are not rescuers engaged in conduct of accident rescue operations and urgent works and injured during their conduct shall be also provided by gratuitous medical treatment.
      7. Average salary on main place of employment shall be preserved for citizens that are not rescuers of site-level accident rescue services and groups, as well as for citizens upon their engagement in conduct of accident rescue operations and urgent works.

Article 34. Obligations of rescuers

      Rescuers shall be obliged to:
      1) search for injured people, take measures on their rescuing, provide first aid and other types of treatment;
      2) be in readiness to participate in performing accident rescue operations and urgent works, improve physical, special, medical, psychological training;
      3) improve the skills of actions in composition of accident rescue groups;
      4) comply rigorously with technology of performing accident rescue operations and urgent works;
      5) execute rigorously orders given in course of performing accident rescue operations and urgent works by heads of accident rescue groups, in composition of which the rescuers shall take participation in performing the mentioned works;
      6) clarify the rules of safe activities to citizens for the purpose of inadmissibility of emergency situations and procedure for actions in case of their occurrence.

Article 35. Regime of work (service) and rest of rescuers

      1. In daily activity, regime of work (service) of rescuers of professional accident rescue services and groups shall be determined by internal regulations, duty schemes, schedules of lessons or other measures on special training.
      2. Regime of work of rescuers of professional accident rescue services and groups within business day and working year shall be determined in accordance with the legislation of the Republic of Kazakhstan in recognition of sanitary rules and hygienic standards.
      3. Duty time of rescuers of professional accident rescue services and groups at home in standby conditions and instant readiness for departure on accident rescue operations and urgent works shall be counted in amount of one fourth of hours for every hour of duty.
      4. Upon performing accident rescue operations and urgent works, the work regime and length of work shift of rescuers of accident rescue services and groups shall be established by a head of liquidation of emergency situation in recognition of character of emergency situation, special aspects of performing accident rescue operations and urgent works, sanitary rules and hygienic standards.
      5. Rescuers of professional accident rescue services and groups of central executive bodies shall be provided by paid leaves with a length of thirty calendar days. For every three years of length of employment, additional paid leave with a length of one day shall be provided but no more than fifteen calendar days.

SECTION 4. PREVENTION OF EMERGENCY SITUATIONS

Chapter 7. CONTROL AND SUPERVISION IN THE SCOPE OF CIVIL PROTECTION

Article 36. State control and supervision in the scope of civil protection

      1. State control and supervision in the scope of civil protection shall be carried out by authorized body for the purpose of complying with the legislation of the Republic of Kazakhstan in the scope of civil protection.
      2. State control and supervision in the scope of civil protection shall be divided into:
      1) state control in the field of civil defence;
      2) state control in the field of fire security;
      3) state supervision in the field of industrial safety.
      3. State control and supervision in the scope of civil protection shall be carried out in the form of verification and other forms.
      4. Types and procedure for conducting verifications shall be determined in accordance with the legislation of the Republic of Kazakhstan on state control and supervision.
      5. Other forms of state control and supervision shall be carried out in accordance with the legislation of the Republic of Kazakhstan on state control and supervision and this Law.

Article 37. State control in the field of civil defence

      1. State control in the field of civil defence is oriented to ensuring of carrying out of requirements and measures on civil defence by central and local executive bodies, categorized organizations on civil defence, as well as civil servants and citizens, established by the legislation of the Republic of Kazakhstan.
      2. Civil servants carrying out the state control in the field of civil defence shall include:
      1) senior state inspector of the Republic of Kazakhstan on state control in the field of civil defence – head of structural subdivision of authorized body;
      2) deputy of senior state inspector of the Republic of Kazakhstan on state control in the field of civil defence – deputy of a head of structural subdivision of authorized body;
      3) state inspector of the Republic of Kazakhstan on state control in the field of civil defence – civil servant of structural subdivision of authorized body;
      4) senior state inspector of the field, city of republican significance, the capital on state control in the field of civil defence – a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      5) deputy of senior state inspector of oblast, city of republican significance, the capital on state control in the field of civil defence – deputy of a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      6) state inspector of oblast, city of republican significance, the capital, city of oblast significance, district in city on state control in the field of civil defence – civil servant of oblast, city of republican significance, the capital, district, city of oblast significance, district in city of territorial subdivision of authorized body.

Article 38. State control in the field of fire security

      1. State control in the field of fire security is oriented to ensuring of complying with requirements of fire security by individuals, legal entities and shall be carried out by bodies of the state fire-fighting service with the exception of control carried out in accordance with paragraph 2 of this Article.
      2. State control in the field of fire security in the territory of the state forest fund shall be carried out by authorized body in the field of forest management, on air, inland water and railway transport – by authorized body in the field of transport.
      Condition of state security in underground constructions of mines and pits, on opened coal strip mines shall be controlled in the process of supervision in the field of industrial safety.
      3. Civil servants carrying out the state control in the field of fire security shall include:
      1) senior state inspector of the Republic of Kazakhstan on state control in the field of fire security – a head of structural subdivision of authorized body;
      2) deputy of senior state inspector of the Republic of Kazakhstan on the state control in the field of fire security – deputy of a head of structural subdivision of authorized body;
      3) state inspector of the Republic of Kazakhstan on state control in the field of fire security – civil servant of structural subdivision of authorized body;
      4) senior state inspector of oblast, city of republican significance, the capital on the state control in the field of fire security – a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      5) deputy of senior state inspector of oblast, city of republican significance, the capital on the state control in the field of fire security – deputy of a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      6) state inspector of oblast, city of republican significance, the capital, district, city of oblast significance, district in city on the state control in the field of fire security – civil servant of oblast, city of republican significance, the capital, district, city of oblast significance, district in city of territorial subdivision of authorized body.
      4. Suspension partially or fully of works of organizations, separate productions, industrial fields, aggregates, prohibition of operating buildings, structures, electric power networks, heat instruments and conduct of fire-fighting operations, carried out by subjects with violation of requirements of fire security, as well as upon non-fulfillment of requirements of fire security provided by drafts during constructing, reconstructing, extending or technical re-equipping of organizations, object, structure, building, shall be carried out by court upon application of authorized body or its territorial subdivisions in accordance with the Code of the Republic of Kazakhstan on administrative infractions.

Article 39. State supervision in the field of industrial safety

      1. State supervision in the field of industrial safety is oriented to prevention of adverse effect of hazardous industrial factors arising upon accidents, incidents on the hazardous industrial facilities, on personnel and population.
      2. State supervision in the field of industrial safety shall be carried out for:
      1) compliance of hazardous industrial facilities and organizations, operating hazardous technical equipment with requirements of industrial safety;
      2) timeliness of conducting technical certifications of industrial buildings, technological structures and technical equipment of hazardous industrial facilities, hazardous technical equipment;
      3) readiness of hazardous industrial facilities and organizations operating hazardous technical equipment for performing the works on liquidation and localization of accidents and their consequences.
      3. Civil servants carrying out state supervision in the field of industrial safety shall include:
      1) senior state inspector of the Republic of Kazakhstan on state supervision in the field of industrial safety – a head of structural subdivision of authorized body;
      2) deputy of senior state inspector of the Republic of Kazakhstan on state supervision in the field of industrial safety – deputy of a head of structural subdivision of authorized body;
      3) state inspector of the Republic of Kazakhstan on state supervision in the field of industrial safety – civil servant of structural subdivision of authorized body;
      4) senior state inspector of oblast, city of republican significance, the capital on state supervision in the field of industrial safety – a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      5) deputy of senior state inspector of oblast, city of republican significance, the capital on state supervision in the field of industrial safety – deputy of a head of oblast, city of republican significance, the capital of territorial subdivision of authorized body;
      6) state inspector of oblast, city of republican significance,the capital, district, city of oblast significance, district in city on the state supervision in the field of industrial safety – civil servant of oblast, city of republican significance, the capital, district, city of oblast significance, district in city of territorial subdivision of authorized body.
      4. In exceptional cases constituting a threat to life and health of people, the state inspector on state supervision in the field of industrial safety shall have the right to suspend or prohibit activity of separate types of activity of individual entrepreneurs, organizations linked with operation of hazardous industrial facilities, technical equipment without court decision, for the term of no more than three days with compulsory representing statement of claim in court in mentioned term.
      Act on prohibition or suspension of the activity or separate types of activity shall be valid till rendering of court decision.

Article 40. Production control in the field of industrial safety

      1. Production control in the field of industrial safety shall be carried out in organizations operating hazardous industrial facilities by civil servants of production control service for the purpose of maximal possible reduction of risk of adverse effect of hazardous industrial factors to employees, population, falling into design zone of dissemination of emergency situation, environment.
      2. Tasks of production control in the field of industrial safety are ensuring of performing the requirements of industrial safety on hazardous industrial facilities, as well as detection of circumstances and reasons of violations influencing on security status of production of works.
      3. Production control in the field of industrial safety shall be carried out on the basis of regulatory act on production control in the field of industrial safety approved by the order of a head of organization.
      Regulatory act shall contain rights and obligations of civil servants of organizations carrying out production control in the field of industrial safety.

Chapter 8. MEASURES OF CIVIL PROTECTION ON PREVENTION OF EMERGENCY SITUATIONS

Article 41. General measures of civil protection on prevention of emergency situations

      1. Measures of civil protection on prevention of emergency situations shall be carried out in recognition of probability of their occurrence and possible damage from them.
      2. General measures of civil protection on prevention of emergency situations shall include:
      1) organization of monitoring systems, as well as with the use of means of remote sensing of land, notifying of civil protection, protection of territories and objects from emergency situations;
      2) development of oblast, city of republican significance, the capital, district, city, district in city:
      plans on prevention of emergency situations;
      safety data sheet;
      catalogue of threats of emergency situations of natural and technogenic character;
      measures on increasing stability of functioning of objects;
      measures on life support of population upon possible emergency situations;
      3) development of passports of aquatic areas of water objects;
      4) creation and use of emergency reserves, making proposals to the relevant state bodies;
      5) creation of reserve of financial resources, stocks of food-stuffs, medicinal products, material and technical means and temporary dwelling place for population;
      6) informing and propaganda of knowledge in the scope of civil protection;
      7) planning of building development in recognition of possible emergency situations;
      8) antiseismic construction and seismic strengthening of buildings and structures in seismic hazardous regions;
      9) ensuring of readiness of managing bodies, forces and means of civil protection for liquidation of emergency situations and their consequences;
      10) development of the action plans and conduct of studies, trainings, lessons on readiness for liquidation of emergency situations and their consequences;
      11) professional training of citizens in the scope of civil protection, training of management personnel and specialists of managing bodies of civil protection and training of population in the scope of civil protection;
      12) scientific researches, forecasting and hazard assessment of possible emergency situations, as well as their social and economic consequences;
      13) performance of experimental and scientific research works on development and imposition of new methods of forecasting the earthquakes;
      14) development and implementation of measures on prevention of adverse effect of hazardous industrial factors and their consequences on hazardous industrial facilities;
      15) compulsory reporting of industrial safety of hazardous industrial facilities;
      16) other measures of civil protection on prevention of emergency situations provided by this Law.

Article 42. Measures of civil protection from floods, freshets, overflowings, shallowing of seas and big bodies of water, mud flows, snow slips, landslides, earth falls

      Measures of civil protection from floods, freshets, overflowings, shallowing of seas and big bodies of water, mud flows, snow slips, landslides, earth falls are oriented to safety ensuring of population, objects, infrastructure and shall include:
      1) design, construction and operation of protective hydrotechnical and other structures;
      2) organization of monitoring of changing a sea level and big bodies of water, state of environment, notification of population and employees of organizations on piled-up acts in coastal zone;
      3) organization of monitoring of mud flow and avalanche situation, relevant notification of population and employees of organizations on threat and occurrence of mud flows;
      4) development and carrying out of prevention measures on reduction of danger of mountainsides, high-mountain, morainal and drift lakes;
      5) production of phytomelioration of mountain channels, mud flow sites, avalanche trigger zones;
      6) performance of works on compulsory defrost of snow slips.

Article 43. Measures of civil protection from emergency situations linked with development of mineral deposits

      Measures of civil protection from emergency situations linked with development of mineral deposits shall include:
      1) increase of reliability and stability of existing buildings and structures in districts of developing deposits;
      2) organizations of measures on reduction of possible damage from emergency situations linked with development of deposits, and in case of impossibility of their carrying out – termination of extraction and conservation of deposits with performance of required set of protection measures.

Article 44. Performance of measures of civil protection on prevention of emergency situations

      Performance of measures of civil protection on prevention of emergency situations shall be imposed on heads of authorized body, central, local executive bodies of state institutions, organizations within their competence established by this Law and other regulatory legal acts of the Republic of Kazakhstan.
      For the purpose of well-timed and full carrying out of measures on prevention of emergency situations, heads of central, local executive bodies, state institutions, objects and organizations shall take additional measures on protection of population, objects and territory of the Republic of Kazakhstan into consideration.

Chapter 9. SCIENTIFIC RESEARCHES, STUDY, INFORMING AND PROPAGANDA OF KNOWLEDGE IN THE SCOPE OF CIVIL PROTECTION

Article 45. Scientific researches in the scope of civil protection

      For the purpose of formation and development of complex scientific basis of civil protection, the authorized body shall organize and coordinate scientific researches in the scope of civil protection.
      Main tasks of scientific researches in the scope of civil protection are reduction of negative effect of emergency situations of natural and technogenic character, development of recommendations on regulatory methodical ensuring of assessment and management of risks in the scope of civil protection.
      Scientific technical ensuring in the scope of civil protection shall be carried out by scientific research organizations and educational institutions accredited and attested in accordance with the legislation of the Republic of Kazakhstan.
      Financing of scientific researches in the scope of civil protection shall be carried out at the expense of budget funds and other sources not prohibited by the legislation of the Republic of Kazakhstan.

Article 46. Training in the scope of civil protection

      1. Professional training of citizens in the scope of civil protection shall be conducted in educational institutes of the Republic of Kazakhstan and foreign states concluded agreements on cooperation with authorized body in accordance with specialties and with state compulsory standards of education approved in the manner established by the legislation of the Republic of Kazakhstan.
      2. Training of management personnel and specialists of managing bodies of civil protection, training of population in the scope of civil protection shall be conducted for the purpose of transfer of skills of actions in emergency situations, imposition of accident rescue operations and urgent works, knowledge of main technique and methods of self-rescuing and mutual assistance, maximal reduction of possible losses among the population and material damage.
      Management personnel and specialists of managing bodies of civil protection, as well as heads of educational organizations, mass media shall undergo training and retraining in organizations and educational institutes of authorized body and foreign states, with which the authorized body concluded agreements on assistance.
      Akims of districts in city, cities of district significance, villages, rural settlements, rural districts, as well as heads of organizations, organizations of nursery education and teaching process, commanders of formations of civil protection, heads of groups of lessons on civil protection in organizations, teachers of general education schools of all types and secondary professional educational institutes, heads of hazardous industrial facilities shall undergo training and retraining in territorial subdivisions of authorized body.
      Listeners that underwent training or retraining in the scope of civil protection shall be issued by standard type certificates established by authorized body.
      3. Training of children in the scope of civil protection shall be carried out in organizations of nursery education and teaching process and general secondary education, training of citizens – in organizations at the place of work, study and residence.
      In organizations, organizations of nursery education and teaching process and educational institutes located in seismic hazardous regions, the seismic trainings shall be carried out on a quarterly basis.
      In organizations, organizations of nursery education and teaching process and educational institutions located in design zone of dissemination of emergency situation of hazardous industrial facilities, the trainings on actions of personnel, children, pupils, students shall be carried out on a quarterly basis upon occurrence of accidents with release of highly toxic poisonous and radioactive substances.
      In organizations, organizations of nursery education and teaching process and educational institutes located in seismic hazardous, landslides, avalanche-prone districts, as well as in zones of possible overflowings, floods, freshets, the trainings shall be carried out before beginning of dangerous period.

Article 47. Informing and propaganda of knowledge in the scope of civil protection

      1. Information of population on emergency situations shall be transferred through the system of notification of civil protection and mass media.
      2. Informing and propaganda of knowledge in the scope of civil protection shall include:
      1) organization of informing the population through the mass media, as well as by creation of special programs on republican and oblast (city) television channels on procedure for actions upon emergency situations;
      2) organization of regular publications in press, on internet resources, programs by broadcasting networks, propagating knowledge in the scope of civil protection, safety rules in household use and at the places of production.
      3. Propaganda of knowledge in the scope of civil protection shall be carried out by authorized body, as well as state bodies, organizations and public associations.
      4. Central and local executive bodies shall inform population on measures taken by them in the scope of civil protection and assist to distribution of knowledge.

SECTION 5. LIQUIDATION OF EMERGENCY SITUATIONS OF NATURAL AND TECHNOGENIC CHARACTER AND THEIR CONSEQUENCES

Chapter 10. LIQUIDATION OF EMERGENCY SITUATIONS OF NATURAL AND TECHNOGENIC CHARACTER

Article 48. Declaration of emergency situation of natural and technogenic character

      Declaration of emergency situation of natural and technogenic character shall be carried out by:
      the Prime Minister of the Republic of Kazakhstan upon emergency situation of global or regional dimension;
      akims of administrative territorial entities upon emergency situations of local dimension.

Article 49. Measures carried out upon liquidation of emergency situations of natural and technogenic character

      For the purpose of dynamic response to emergency situations upon their occurrence, the managing bodies of civil protection within the competence shall conduct:
      1) analysis of created situation, determination of dissemination dimension of emergency situation, preliminary assessment of man power and material damage;
      2) notification of population;
      3) assessment of possible development of emergency situation, integration of information on situation and preparation of analytic materials;
      4) operative direction of forces and means of civil protection in accordance with the action plan on liquidation of emergency situations;
      5) management of forces and means of civil protection upon performance of accident rescue operations and urgent works, taking of necessary emergency measures and management decisions on the issues of liquidation of emergency situation;
      6) coordination of actions and organization of interacting the forces and means of civil protection, engaged in liquidation of emergency situation;
      7) measures on life support of population in emergency situations, as well as use of stocks of material and technical resources for liquidation of emergency situations depending on dissemination dimension;
      8) control of the state of forces and means of civil protection, engaged in liquidation of emergency situations in accordance with action plans on liquidation of emergency situation.

Article 50. Management of accident rescue operations and urgent works upon liquidation of emergency situations of natural and technogenic character

      1. Organization and management of accident rescue operations and urgent works, management of forces and means engaged in liquidation of emergency situation of natural and technogenic character, organization of their interaction shall be carried out by a head of liquidation of emergency situation.
      2. Head of liquidation of emergency situation shall appoint:
      1) civil servant of authorized body under regulation of the Prime-Minister of the Republic of Kazakhstan upon emergency situation f global or regional dimension;
      2) civil servant of local executive body under decision of akim of the relevant administrative territorial entity upon emergency situation of local dimension.
      3. Borders of the emergency situation zone shall be determined by a head of liquidation of emergency situation.
      4. Assessment of character of emergency situation, development of proposals to a head of liquidation of emergency situation on its localization and liquidation shall be carried out by emergency operations center. Emergency operations center shall coordinate actions of services and formations of civil protection, participated in performance of accident rescue operations and urgent works.
      5. Emergency operations center shall be created by decision of a head of liquidation of emergency situation.
      Head of emergency operations center shall appoint a civil servant of authorized body or its territorial subdivisions that is a deputy of a head of liquidation of emergency situation.
      Head of emergency operations center shall create necessary number of operation groups and distribute their work in emergency situation zone in coordination with a head of liquidation of emergency situation and depending on dimension and emergency situation zone.
      6. No one shall have the right to interfere into activity of a head of liquidation of emergency situation other than in case of his (her) removal from fulfillment of obligations in the manner established by the legislation of the Republic of Kazakhstan and of assuming the management or appointing the other civil servant.
      7. Head of liquidation of emergency situation shall be obliged to take measures on immediate informing of interested state bodies and organizations on decision taken by him (her).
      8. In case of impossibility of performing the accident rescue operations and urgent works, a head of liquidation of emergency situation shall have the right to take decisions on suspension of mentioned works in full or their parts, implementing all available measures on rescuing the people being in emergency situation zone as a matter of priority.
      9. Head of liquidation of emergency situation shall:
      1) organize intelligence and assessment of situation in the emergency situation zone, rescuing of people using available forces and means for this;
      2) determine the fields of concentration of main efforts on conduct of accident rescue operations, necessary number of forces and means, methods and techniques of performing rescue operations;
      3) take decision on performance of accident rescue operations and urgent works on facilities and territories of organizations being in emergency situation zones;
      4) carry out assignment of tasks to accident rescue services and groups, organize their interaction, ensure their safety and performance of assigned tasks;
      5) carry out control of changing the situation in emergency situation zone;
      6) call additional forces and means in case of necessity, organize their meeting, determine the place (district) of their performance of accident rescue operations;
      7) organize creation of reserve of forces and means, determine the procedure for shift work;
      8) inform the Government of the Republic of Kazakhstan, authorized body on created situation and decisions taken by him (her) on organization and performance of accident rescue operations and urgent works in emergency situation zone of global or regional dimension;
      9) determine procedure for withdrawal of forces and means from the place of emergency situation.
      10. Upon dissemination of emergency situation, in case of extreme necessity (immediate threat to life and health of people), a head of liquidation of emergency situation shall:
      restrict access of people and transport to emergency situation zone;
      suspend activity of organizations being in emergency situation zone;
      engage forces and means of accident rescue services and groups of civil protection and rescuers not included in composition of mentioned groups in performance of accident rescue operations;
      engage population in performance of urgent works on a voluntary basis, as well as separate citizens that are not rescuers, with their agreement in performance of accident rescue operations;
      organize carrying out of evacuation measures in emergency situation zone;
      engage material and technical, food, medical and other resources of organizations with the following compensation for expenses in accordance with the legislation of the Republic of Kazakhstan;
      take other necessary measures conditioned by development of emergency situations and course of accident rescue operations and urgent works.

Article 51. Engagement of accident rescue services and groups in liquidation of emergency situations

      1. Engagement of accident rescue services and groups in liquidation of emergency situations shall be carried out by heads of the state system of civil protection or civil servants authorized by them within the competence:
      1) upon occurrence and development of emergency situations;
      2) in accordance with action plans on liquidation of emergency situations;
      3) upon request of the state body or organization, in the territory of which the emergency situation is created.
      2. Engagement of professional accident rescue services and groups in liquidation of emergency situations, servicing hazardous industrial facilities on contractual basis, shall be carried out in condition of compulsory preservation of sufficient number of forces and means ensuring necessary level of protection of serviced facilities.

Article 52. Engagement of forces and means of internal affairs bodies, Armed Forces of the Republic of Kazakhstan, other forces and military formations in liquidation of emergency situations

      Engagement of forced and means of internal affairs bodies, Armed Forces of the Republic of Kazakhstan, other forces and military formations in liquidation of emergency situations shall be carried out in accordance with the legislation of the Republic of Kazakhstan and action plans (cooperation plans) on liquidation of emergency situations.

Article 53. Assistance to accident rescue services and groups in carrying out of their activity

      1. Central and local executive bodies, organizations shall be obliged to provide possible assistance to accident rescue services and groups, going to emergency situation zones, performing the works on liquidation of emergency situations and returning to the place of deployment.
      2. Upon movement to the place of performing accident rescue operations and urgent works, operative transport of professional accident rescue services and groups, as well as temporary engaged and leased transport shall enjoy the right of unimpeded pass, right of first ranking supply by fuel and lubrication materials on aerodromes, gas filling station, in sea and river ports, as well as the right of primary performance of repair works on the stations of technical maintenance, aerodromes, in sea and river ports.

Article 54. Operative reserve of authorized body

      Operative reserve of authorized body shall be created in advance and intended for primary life support and rendering of emergency medical treatment to population being in emergency situations zone, as well as for ensuring of accident rescue operations in the territory of the Republic of Kazakhstan.

Article 55. Seizure of property upon emergency situations of natural and technogenic character

      Seizure of property upon emergency situations of natural and technogenic character shall be carried out in exceptional cases in the absence or deficiency of the state reserve in the manner provided by the Law of the Republic of Kazakhstan “On state property”.

Article 56. Accident rescue operations and urgent works upon liquidation of emergency situations

      Upon accident rescue operations it shall be conducted: exploration of emergency situation zone and damage centre, localization and extinguishment of fires, search and recovery (unlocking) of injured persons from obstructions, damaged, burning buildings and structures, gas-polluted, flooded and smoked premises, rendering of first aid to injured persons and their evacuation to safe districts with provision of conditions for preservation of life, as well as actions on rescuing of material and cultural values and on protection of environment.
      For the purpose of creation of safe conditions upon performance of accident rescue operations, the emergency outage of supplying liquid fuel, gas, electric power and water shall be carried out in emergency situation zone.
      Upon urgent works, equipping of the routes of input of the forces and means of civil protection in emergency situation zone, strengthening or failure of building construction and structures threatening by falling or impeding safety performance of accident rescue operations, recovery of separate files of public energy networks, delivery of property for primary life support of population, sanitary clearing of territory, as well as partial renovation of damaged buildings and structures for temporary placement of injured persons in there and for other purposes linked with performance of accident rescue works, shall be carried out.
      Urgent works upon liquidation of emergency situations shall be performed in tight schedules and conducted before full completion of accident rescue operations.

Chapter 11. LIQUIDATION OF CONSEQUENCES OF EMERGENCY SITUATIONS

Article 57. Carrying out of measures on liquidation of consequences of emergency situations

      Carrying out of measures on restoration of engineering infrastructure, dwelling place, environmental enhancement, provision of social rehabilitating assistance to population shall be carried out by central and local executive bodies within the competence depending on character and dimension of emergency situations.
      Government of the Republic of Kazakhstan and local executive bodies shall have the right to take decision on appropriation of budget funds for liquidation of consequences of emergency situations in accordance with budget legislation of the Republic of Kazakhstan.

Article 58. Compensation for harm (damage) inflicted to individuals and legal entities, environment

      Individuals shall have the right to require compensation for harm due to infliction of harm to health or death of close relatives.
      Individuals and legal entities shall have the right to require compensation for harm due to damage or destruction of their property due to emergency situations of technogenic character occurred by activity of individuals or legal entities.
      Compensation for harm (damage) inflicted to individuals and legal entities by emergency situations of technogenic character shall be carried out by an inflictor of harm (damage) on a voluntary basis or under decision of court.
      Harm inflicted to life or health of individuals shall be subject to compensation at the expense of an inflictor of harm (damage) in full measure in accordance with the legislation of the Republic of Kazakhstan.
      Inflictors of harm (damage) shall be obliged to compensate for inflicted damage to environment, including expenses for recultivation of lands and reclamation of natural fertility of lands.
      Harm (damage) inflicted to health and property of individuals by emergency situations of natural character shall be compensated within minimal needs of injured persons required for satisfying in the manner determined by the Government of the Republic of Kazakhstan.
      Build dwelling place shall be provided to citizens who left without dwelling place in the result of emergency situation in the manner determined by the Government of the Republic of Kazakhstan.
      Dwelling place from the state housing fund shall be provided to citizens on a grant basis, the dwelling place of which became uninhabitable in the result of environmental disasters, emergency situations of natural and technogenic character in the territory of the Republic of Kazakhstan.
      It shall not be subject to compensation:
      1) temporary constructions, household and other buildings not related to objects of immovable property in accordance with the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activity, as well as objects built illegally;
      2) valuable clothing, luxury items or made of precious metals, items having artistic value.
      Damage inflicted to property of individuals and legal entities that was an object of insurance at the moment of occurrence of emergency situations shall be subject to compensation in the manner determined by civil legislation of the Republic of Kazakhstan, at the expense of funds of an insurer.
      An insurer that carried out insurance payment, shall have the right to require compensation of insurance payment from an inflictor of damage within the made insurance payment.

SECTION 6. ENSURING OF FIRE AND INDUSTRIAL SAFETY

Chapter 12. ENSURING OF FIRE SECURITY

Article 59. Bodies of state fire-fighting service

      1. Bodies of state fire-fighting service shall carry out prevention of fires and their extinguishment, performance of accident rescue operations and urgent works, state control in the field of fire security and conduct of inquiry on the cases on crimes linked with fires.
      2. Bodies of state fire-fighting service shall consist of authorized body, its structural subdivision in the field of fire security, territorial subdivisions and state institutions, as well as educational organizations of authorized body.
      3. Bodies of the state fire-fighting service shall have flags, description of which shall be approved by the President of the Republic of Kazakhstan.
      4. Employees of bodies of state fire-fighting service during the period of activity of emergency or military situation shall be provided by the right of bearing, keeping and applying firearms and special means. Procedure for applying firearms and special means shall be determined by the Law of the Republic of Kazakhstan “On law enforcement service”.

Article 60. System of ensuring of fire security in the Republic of Kazakhstan

      1. System of ensuring of fire security in the Republic of Kazakhstan – set of economic, social, organizational, scientific and technical and legal measures, as well as forces and technical means of fire-fighting service, oriented to prevention of fire and harm (damage) from it.
      2. System of ensuring of fire security in the Republic of Kazakhstan shall include central and local executive bodies, ensuring fire security, bodies of the state fire-fighting service, non-state fire-fighting services, voluntary fire-fighting groups, fire-fighting research institutions, educational organizations of authorized body, enterprises, producing fire-fighting products.
      3. Tasks and functions of intradepartmental activity of bodies of state fire-fighting service oriented to ensuring of fire security in the Republic of Kazakhstan shall be governed by the rules, instructions approved by a head of authorized body.

Article 61. Legal regulation in the field of fire security

      1. Legal regulation in the field of fire security – establishment of requirements of fire security compulsory for fulfillment in regulatory legal acts of the Republic of Kazakhstan.
      2. Regulatory legal acts of the Republic of Kazakhstan in the field of fire security shall include technical regulations, rules of fire security, instructions and other regulatory legal acts of the Republic of Kazakhstan containing requirements of fire security.
      3. Requirements of fire security to products and (or) process of its life circle shall be established in technical regulations.

Article 62. Development and implementation of measures of fire security

      Measures of fire security shall be developed in accordance with the legislation of the Republic of Kazakhstan, as well as on the basis of analysis of reasons of fire development of substances, materials, technological processes, products, constructions, buildings and structures.
      Development and implementation of measures of fire security for enterprises, buildings, structures and other objects, as well as upon their design shall provide decisions ensuring safety evacuation of people in case of fires in compulsory manner.
      For industrial facilities, the liquidation plans of fires providing decisions on safety ensuring of people shall be developed in compulsory manner.

Article 63. Fire-extinguishing

      1. Fire-extinguishing represents the actions directed to liquidation of fires, rescuing of people and property of individuals and legal entities.
      Extinguishment of fires in the territories of inhabited localities, strategic, special important state facilities and objects of life support of the state property shall be carried out by the state fire-fighting service.
      Procedure for engagement of state fire-fighting service in fire-extinguishment on facilities of national security bodies, internal affairs bodies and bodies of defence of the Republic of Kazakhstan, air, inland water and railway transport, state forest fund shall be governed by agreements between authorized body and the relevant state bodies.
      Extinguishment of steppe fires as well as fires in inhabited localities in which subdivisions of the state fire-fighting service are absent, shall be carried out by local executive bodies in the relevant territory.
      2. Head of authorized body is a senior operative head in respect of all fire-fighting services.
      Heads of bodies of state fire-fighting service in oblasts, cities of republican significance, the capital, districts, cities of oblast significance are the senior operative heads in respect of fire-fighting services located in the relevant territories.
      3. Procedure for use of forces and means included to the garrison of fire-fighting service shall be determined by a schedule of departure of subdivisions of fire-fighting service’s garrison, and in districts of rural settlement – by plan of engaging the forces and means on fire-extinguishment.
      For calling subdivisions of fire-fighting service in telephone networks of inhabited localities, the single numbers “101” and “112” shall be established.
      4. Departure of subdivisions of fire-fighting service on fire-extinguishing shall be carried out unconditionally.
      5. Management of fire-extinguishment shall be carried out by senior civil servant of the garrison of fire-fighting service arrived at the place of fire.
      Head of fire-extinguishment shall manage personal staff on principle of unity of command, participated in performance of tasks on fire-extinguishment, as well as engaged in extinguishment of fire by forces.
      No one shall have the right to interrupt the activity of a head of fire-extinguishment, other than in case of his (her) removal from fulfillment of obligations in the manner established by the legislation of the Republic of Kazakhstan and of assuming the management or appointing the other civil servant.
      6. Upon liquidation of emergency situations not linked with fire-extinguishment, the forces and means with the exception of money, state and non-state fire-fighting service shall be placed at the disposal of a head of liquidation of emergency situation.
      7. Head of fire-extinguishment shall have the right to:
      1) engage forces and means of non-state fire-fighting services and voluntary fire-fighting groups, including transport and other material and technical means for fire-extinguishment;
      2) suspend work of plants and facilities for the period of performing the works on fire-extinguishment, give orders on evacuation of people, material values from hazardous zone.
      8. Upon fire-extinguishment, servants of the state fire-fighting service shall have the right to:
      1) pass freely into the territory, dwelling places and other premises, on land plots belonged to individuals and legal entities for taking measures directed to rescuing of people, performance of accident rescue operations, with the exception of premises, land plots occupied by diplomatic representatives, consular institutions of foreign states, as well as representatives of international organizations for the purpose of personal safety ensuring of citizens in case of fires for taking measures directed to their rescuing, prevention of fire’s spread and liquidation of fire;
      2) open closed doors, windows, roofs, as well as cladding structures in necessary cases for taking measures directed to prevention of fire’s spread and liquidation of fire;
      3) actions provided by subparagraphs 5) and 7) of paragraph 3 of Article 33 of this Law.
      9. Material damage inflicted upon fire-extinguishment shall be subject to compensation in the manner established by the legislation of the Republic of Kazakhstan.
      Servants of fire-fighting services and voluntary firemen legally acted upon fire-extinguishment shall be released from compensation of inflicted damage.

Article 64. Objects of technical regulation and confirmation of conformity in the field of fire security

      Objects of technical regulation in the field of fire security are the products and (or) process of its life circle.
      Confirmation of conformity of objects of technical regulation in the field of fire security shall be carried out in the manner established by the legislation of the Republic of Kazakhstan on technical regulation.

Article 65. Requirements of fire security upon designing, construction, reconstruction and production of objects of technical regulation in the field of fire security

      Upon designing, construction, reconstruction and production of objects of technical regulation in the field of fire security, the following requirements shall be complied:
      1) placement of objects of technical regulation in the field of fire security;
      2) application of objects of technical regulation in the field of fire security;
      3) fire-fighting classification of objects of technical regulation in the field of fire security;
      4) provision of objects of technical regulation in the field of fire security by buildings and constructions of fire departments;
      5) safety ensuring of people;
      6) prevention of spread of fire;
      7) ensuring of possibility of fire-extinguishing;
      8) conduct of rescuing operations upon fire-extinguishment.

Article 66. Requirements of fire security upon operation, storage, transportation, applying and implementation of objects of technical regulation in the field of fire security

      Upon operation, storage, transportation, applying and implementation of objects of technical regulation in the field of fire security, the following requirements shall be complied:
      1) organizational and technical measures on ensuring of fire security;
      2) evacuation route of people;
      3) safety ensuring of people and procedure for actions upon fire development;
      4) equipment and operative condition of engineering systems;
      5) equipment and operative condition of automatic fire-fighting systems, their maintenance and output to the places with permanent stay of service personnel;
      6) equipment and operative condition of fire engineering;
      7) prevention of spread of fire;
      8) ensuring of possibility of fire-extinguishing;
      9) maintenance of territories, buildings and structures, premises;
      10) ensuring of performing accident rescue operations upon fire-extinguishing.

Chapter 13. NON-STATE FIRE-FIGHTING SERVICE AND VOLUNTARY FIRE-FIGHTING GROUPS

Article 67. Non-state fire-fighting service

      1. Main tasks of non-state fire-fighting service are:
      1) prevention and extinguishment of fires in organizations, inhabited localities and on facilities;
      2) performance of accident rescue operations in organizations, inhabited localities and on facilities.
      2. Fire security of organizations and facilities on which the regulatory legal acts of the Government of the Republic of Kazakhstan provide compulsory creation of non-state fire-fighting service, as well as in inhabited localities may be ensured by creation of non-state fire-fighting service or conclusion of service agreements with operating non-state fire-fighting services.
      3. Non-state fire-fighting service shall carry out the activity in accordance with this Law and other regulatory legal acts of the Republic of Kazakhstan regulating activity of fire-fighting service.
      Subjects of non-state fire-fighting service shall be obliged to provide assistance in performance of tasks in the field of fire security to bodies of state fire-fighting service.
      4. Citizens of the Republic of Kazakhstan attained the age of eighteen years and underwent special training and courses of studies may be admitted to work in non-state fire-fighting service.
      Persons recognized by patients with alcoholism, drug addiction and substance abuse and being registered in health care organizations, recognized as unserviceable due to mental disease ma y not be admitted to work in non-state fire-fighting service in the manner established by the Laws of the Republic of Kazakhstan.
      Non-state fire-fighting service shall be obliged to supply own employees with special clothing and fireman's outfit according to regulations established for bodies of state fire-fighting service.
      5. Non-state fire-fighting service shall conform to regulations of positedness on fire engineering, fire-technical and fire-fighting equipment established for bodies of state fire-fighting service.

Article 68. Voluntary fire-fighting groups

      1. For the purpose of carrying out of measures on prevention and extinguishment of steppe fires, as well as fires in organizations and inhabited localities, voluntary fire-fighting groups may be created.
      2. Main tasks of voluntary fire-fighting groups shall include:
      1) prevention and extinguishment of steppe fires, as well as fires in organizations and inhabited localities;
      2) performance of accident-rescue operations linked with extinguishment of steppe fires, as well as fires in organizations and inhabited localities;
      3) performance of works and rendering of services in the field of fire security;
      4) training of population by measures of fire security and actions upon fire development.
      3. Voluntary fire-fighting groups shall be grouped by voluntary firemen.
      Citizens able to fulfill obligations linked with prevention and (or) extinguishment of fires according to their business and moral qualities, as well as state of health shall be admitted to voluntary firemen on a voluntary and individual basis.
      Citizens admitted to voluntary firemen shall be registered in registry of voluntary firemen, maintenance of which shall be carried out by voluntary fire-fighting group and shall undergo initial training in specialized training centres.
      Training program of initial training of voluntary firemen shall be approved by authorized body.
      The following training of voluntary firemen shall be carried out in voluntary fire-fighting group.
      Program of the following training of voluntary firemen shall be developed by a head of voluntary fire-fighting group and shall be approved by a head of territorial subdivision of authorized body.
      4. For a well-timed response to fires, a head of voluntary fire-fighting group in coordination with territorial subdivisions of authorized body shall determine procedure for collection of voluntary firemen and method of their delivering to the place of fire.
      5. In case of death incident (death) of voluntary fireman during performance of his (her) works on prevention and extinguishment of fires, ensuring of fire security and performance of accident rescue operations, his (her) family members shall be paid by lump sum allowance in amount no less than ten-fold annual amount of salary according to the last held position.
      6. Upon establishment of disability to voluntary fireman in the result of maim, injury, wound, contusion, disease received upon fulfilling official duties, he (she) shall be paid by lump sum allowance in amounts:
      1) disabled person or the group I or II – five-fold annual amount of salary;
      2) disabled person of group III – two-fold annual amount of salary.
      7. In case of receiving serious maim, injury, wound, contusion, disease with permanent disability by voluntary fireman upon fulfillment of official duties, he (she) shall be paid by lump sum allowance in amount no less than one year amount of salary without establishment of disability.
      8. Lump sum allowances provided by paragraphs 5, 6 and 7 of this Article shall be paid at the expense of budget means.
      9. Territorial subdivision of authorized body shall maintain registry of voluntary fore-fighting groups.

Chapter 14. ENSURING OF INDUSTRIAL SAFETY

Article 69. Ensuring of industrial safety

      1. Industrial safety is oriented to compliance with requirements of industrial safety established in technical regulations, rules of ensuring of industrial safety, instructions and other regulatory legal acts of the Republic of Kazakhstan.
      2. Industrial safety shall be ensured by:
      1) establishment and performance of requirements of industrial safety;
      2) access for applying technologies, technical equipment, materials conforming to requirements of industrial safety on the hazardous industrial facilities;
      3) access for applying hazardous technical equipment conforming to requirements of industrial safety in the territory of the Republic of Kazakhstan;
      4) declaring of industrial safety of hazardous industrial facility;
      5) state supervision, as well as industrial control in the field of industrial safety;
      6) expert examinations of industrial safety;
      7) attestation of legal entities for the right of performing the works in the field of industrial safety;
      8) monitoring of industrial safety;
      9) servicing of hazardous industrial facilities by professional accident rescue services or groups.

Article 70. Signs of hazardous industrial facilities

      Signs of hazardous industrial facilities are:
      1) production, use, processing, creation, storage, transportation, destruction of at least one of the following hazardous substances:
      source of ionizing radiation;
      flammable substance – gas that becomes flammable upon standard pressure and in mixture with air and boiling temperature of which is 20 Celsius degrees or lower upon standard pressure;
      explosive substance – substance which upon particular types of external influence may be capable for rapid self-spreading chemical transformation with heat emission and gas generation;
      combustible substance – liquid, gas that may be capable for spontaneous ignition, as well as ignition from the ignition source and that may burn independently after its removal;
      oxidizing agent – substance sustaining combustion, causing inflammation and (or) enabling inflammation of other substances in the result of oxidation-reduction exoergic reaction;
      toxic substance – substance that upon influence on living organisms may lead them to death and having the following characteristics:
      medium lethal dose upon introduction in stomach from 15 to 200 milligrams/kilogram of weight included;
      medium lethal dose upon application on skin from 50 to 400 milligrams/kilogram of weight included;
      medium lethal concentration in air from 0,5 to 2 milligrams/litre included;
      high-toxic substance – substance that upon influence on living organisms may lead them to death and having the following characteristics:
      medium lethal dose upon introduction in stomach no more than 15 milligrams/kilogram of weight;
      medium lethal dose upon application on skin no more than 50 milligrams/kilogram of weight;
      medium lethal concentration in air no more than 0,5 milligrams/litre;
      substances substituting danger for environment, as well as characterized in water environment by the following indicators of acute toxicity:
      medium lethal dose upon inhalation effects on fish within ninety six hours no more than 10 milligrams/litre;
      medium poison concentration causing particular effect upon influence on daphnia within forty eight hours no more than 10 milligrams/litre;
      medium inhibitory concentration upon influence on water plants within seventy two hours no more than 10 milligrams/litre;
      2) production of melts of ferrous, non-ferrous, precious metals and alloys on the basis of these metals;
      3) performance of mining, geological prospecting, drilling, explosive works, works on extraction of commercial minerals and processing of mineral raw materials, works in underground conditions.

Article 71. Hazardous industrial facilities

      1. Hazardous industrial facilities shall include enterprises, industrial subdivisions and other facilities of these enterprises having signs established by Article 70 of this Law and identified as such in accordance with the rules of identifying hazardous industrial facilities approved by the Government of the Republic of Kazakhstan.
      2. Hazardous industrial facilities shall include hazardous technical equipment:
      1) technical equipment working under pressure of more than 0,07 megapascal or at a temperature of water heating more than 115 Celsius degrees, with the exception of heating networks;
      2) lifting mechanisms, escalators, cableways, funiculars, lifts.

Article 72. Attestation of legal entities for the right of performing the works in the field of industrial safety

      1. Legal entities shall be subject to attestation for the right of:
      1) carrying out of expert examination of industrial safety;
      2) training, retraining, specialists, employees in the field of industrial safety;
      3) carrying out of expert examination in the field of explosive works;
      4) development of industrial safety declaration of hazardous industrial facility;
      5) conduct of technical maintenance of gas-consuming systems.
      2. For attestation for the right of performing the works in the field of industrial safety, a legal entity shall represent to authorized body:
      1) application in the form of electronic document with specification of branch of industry and type of carried out activity;
      2) electronic copy of expert advice on conformance of organization to applied types of work, requirements of industrial safety;
      3) details in the form of electronic document on qualification composition of specialists undergoing verification for knowledge of requirements of industrial safety, material and technical basis.
      3. Consideration of documents on attestation for the right of performing the works in the field of industrial safety shall be carried out by authorized body within fifteen business days calculated from the date of their registration in authorized body.
      4. Following the results of consideration, authorized body shall take decision on issuance of attestation for the right of performing the works in the field of industrial safety (hereinafter – attestation) or on refusal in issuing attestation.
      5. Attestation or substantiated refusal in issuing attestation shall be issued to an applicant within five business days from the date of taking decision.
      6. It may be refused in issuing attestation by the following reasons:
      1) documents mentioned in paragraph 2 of this Article are not represented;
      2) non-compliance of an applicant with requirements submitted to legal entities, attested for the right of performing the works in the field of industrial safety.
      Upon elimination of mentioned reasons by legal entity, the application on attestation shall be considered on a common basis.
      7. Validity term of attestation is five years.
      Blank forms of attestation are strictly accountable documents, and shall have protection and number.
      Attestation shall be issued in single copy, its transfer to other legal entities shall be prohibited.
      Lost, spoiled attestations shall be deemed invalid from the date of filing written application by organization attested by authorized body for the right of performing the works in the field of industrial safety (hereinafter – attested organization) (with attachment of documents confirming the fact of loss, spoiling of attestation) to the authorized body.
      Authorized body shall carry out issuance of a duplicate of attestation within five business days from the date of filing application.
      In case of carrying out of activity by attested organization with violation of requirements of the Republic of Kazakhstan on civil protection, as well as with representation of untrustworthy information in documents provided by paragraph 2 of this Article, the mentioned organization shall be brought to administrative responsibility in the manner provided by the legislation of the Republic of Kazakhstan on administrative infractions.
      Deprivation of attestation shall be carried out in a judicial proceeding in case of non-elimination of the reasons by which validity of attestation was suspended.
      Attestation shall terminate its validity in cases of:
      1) representing application by attested organization with request on termination of validity of attestation;
      2) expiration of its validity term;
      3) liquidation of legal entity;
      4) deprivation of attestation.
      8. Information on attested organizations or on termination of validity of attestation shall be placed by authorized body on its web-site and (or) published in periodical printed publications distributed through the whole territory of the Republic of Kazakhstan.
      Authorized body shall keep registry of issued attestations and attestations terminated their validity.

Article 73. Expert examination of industrial safety

      1. It shall be subject to expert examination of industrial safety as follows:
      1) hazardous technical equipment mentioned in paragraph 2 of Article 71 of this Law;
      2) technology, technical equipment, materials applying on hazardous industrial facilities, with the exception of construction materials applying on the hazardous industrial facilities;
      3) industrial safety declaration of hazardous industrial facility;
      4) industrial buildings, technological structures of hazardous industrial facilities;
      5) legal entities for the conformance to applied types of works, requirements of industrial safety upon receipt of attestation.
      2. Expert examination of industrial safety shall be carried out by attested organizations independent from organization – applicant at the expense of means of applicant’s organization.
      3. Expert advice is a result of carrying out the expert examination of industrial safety.

Article 74. Issuance of permits for application of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment

      1. For receiving permit for application of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment, as well as of foreign origin, an applicant shall represent application in the form of electronic document to authorized body with short information on intent of technologies, technical equipment, materials applying on the hazardous industrial facilities, hazardous technical equipment and scope of their application and electronic copy of expert examination on conformance of technologies, technical equipment, materials applying on the hazardous industrial facilities, hazardous technical equipment to requirements of industrial safety.
      For receiving permit for application of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment, legal entities-non-residents of the Republic of Kazakhstan shall represent to authorized body as follows:
      1) application with short information on intent of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment and scope of their application;
      2) expert examination on conformance of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment to requirements of industrial safety.
      2. Upon conformance of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment to requirements of industrial safety, authorized body shall issue permit for their application within fifteen calendar days.
      3. Issuance of permits shall not be required for applying units, details, devices, complementary parts, spare parts included as a compound of technical equipment.
      4. Upon detection of non-conformance of technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment to requirements of industrial safety during the process of operation, the permit for their application shall be revoked by authorized body.
      5. Accounting of issued, revoked permits for applying technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment shall be carried out by authorized body.
      6. Information on technologies, technical equipment, materials applying on hazardous industrial facilities, hazardous technical equipment admitted to application in the territory of the Republic of Kazakhstan shall be placed on web-site of authorized body.

Article 75. Issuance of permits for permanent application of explosive substances and products based on them, performance of explosive works

      1. For receipt of permit for permanent application of explosive substances and products based on them, as well as of foreign origin, an applicant shall represent to authorized body the application in the form of electronic document with attachment of electronic copies of the act of acceptance inspection of pilot lot and expert advice of attested organization.
      2. Composition of commission on conducting tests shall include representatives of the applicant, of attested organization and of authorized body.
      3. Permit for permanent application of explosive substances and products based on them shall be issued by authorized body after complex of tests, including:
      1) control tests for conformance of explosive substances and products based on them to requirements established in technical regulation on their producing and applying, as well as requirements of industrial safety;
      2) acceptance inspection in plant conditions.
      4. Permit for performance of explosive works shall be issued by territorial subdivision of authorized body in the manner determined by the Government of the Republic of Kazakhstan.

Article 76. Compulsory declaring of industrial safety of hazardous industrial facility

      1. Hazardous industrial facilities conforming to criteria for classifying the hazardous industrial facilities to declared, approved by the Government of the Republic of Kazakhstan shall be subject to compulsory declaring of industrial safety.
      2. Declaration of industrial safety of hazardous industrial facility (hereinafter – declaration) shall be developed for designed and active hazardous industrial facilities.
      3. Development of declaration shall be carried out by organization operating the hazardous industrial facility on an independent basis in existence of attestation providing the right of development of declaration, or by third organization attested for the right of developing the declaration.
      4. Declaration shall be approved by a head of organization operating hazardous industrial facility.
      Head of organization operating hazardous industrial facility shall bear responsibility for timeliness of representing, completeness and credibility of details contained in declaration established by the Laws of the Republic of Kazakhstan.
      5. Declaration shall be subject to expert examination in attested organization representing the right of developing the declaration.
      6. For assignment of registration secret language of declaration, an applicant shall represent application and declaration to authorized body in the form of electronic documents together with scanned copy of expert advice.
      Authorized body after consideration of represented documents shall take decision on registration of declaration or give substantiated refusal.
      Declaration registered by authorized body shall be kept in authorized body in the form of electronic document.
      7. Operation of hazardous industrial facility without declaration registered by authorized body shall be prohibited.
      8. List of registered declarations shall be placed on web-site of authorized body.
      9. In case of changing conditions influencing on ensuring of industrial safety, including the cases of modernization or reorientation of hazardous industrial facility, a declaration shall be subject to amendment.
      Upon amending of declaration, it shall be subject to repeated expert examination and registration in term of no later than three months after amending.

Article 77. Registration and deregistration of hazardous technical equipment

      1. For registration, deregistration of hazardous technical equipment, a head of organization operating the hazardous technical equipment shall file application to territorial subdivision of authorized body.
      2. The application shall be stated by ground for identifying hazardous technical equipment for registration or deregistration.
      3. Registration, deregistration of hazardous technical equipment shall be carried out within ten business days from the date of filing application with issuance of notification on registration, deregistration of the hazardous technical equipment.
      Upon registration, deregistration of hazardous technical equipment, the relevant record in registry of hazardous technical equipment of territorial subdivision of authorized body and in certificate of hazardous technical equipment.

Article 78. Coordination of design documentation on construction, extension, reconstruction, modernization, conservation and liquidation of hazardous industrial facilities

      1. Design documentation on construction, extension, reconstruction, modernization, conservation and liquidation of hazardous industrial facility, placed within two and more oblasts, as well as strategic facilities shall be coordinated with senior state inspector of the Republic of Kazakhstan on state supervision in the field of industrial safety or by its deputies.
      Design documentation on construction, extension, reconstruction, modernization, conservation and liquidation of other hazardous industrial facilities shall be coordinated with senior state inspector of oblast, city of republican significance, the capital on state supervision in the field of industrial safety or by its deputies.
      2. For coordination of design documentation, a head of organization operating the hazardous industrial facility shall represent:
      1) application on direction of design documentation for coordination;
      2) copy of design documentation;
      3) original of expert advice on conformance of design documentation to requirements of industrial safety.
      3. Favourable decision on coordination of design documentation or substantiated refusal in its coordination shall be directed to an applicant within thirty calendar days from the date of issuing documents in full.
      4. Upon amending in design documentation, the conduct of repeated coordination shall be compulsory.

Article 79. Training, retraining of specialists, employees of hazardous industrial facilities and other organizations on the issues of industrial safety

      1. Ensuring of training, retraining of specialists, employees of hazardous industrial facilities on the issues of industrial safety shall be imposed on heads of organizations operating the hazardous industrial facilities.
      Ensuring of training, retraining, specialists, employees of attested, design organizations and other organizations engaged for work on hazardous industrial facilities, on the issues of industrial safety shall be imposed on heads of these organizations.
      Training, retraining shall be carried out by conduct of education and the following verification of knowledge (exams).
      2. Education and verifying knowledge (exams) of specialists, employees of hazardous industrial facilities, as well as attested, design organizations and other organizations engaged for work on the hazardous industrial facilities or educational organization in existence of attestation providing the right of training, retraining of specialists, employees in the field of industrial safety.
      3. Organizations attested for the right of training, retraining of specialists, employees in the field of industrial safety shall develop curriculum and educational programs of employees for conducting education of requirements of industrial safety that shall be approved by their heads.
      4. The following technical directors, specialists and employees participated in technical process of hazardous industrial facility, operating, performing technical maintenance, technical certification, assembly and repair of the hazardous industrial facilities, coming to work on the hazardous industrial facilities, as well as attested, design organizations and other organizations engaged for work on the hazardous industrial facilities shall be subject to training:
      1) civil servants being liable for safety performance of works on hazardous industrial facilities, as well as employees performing the works on them – on an annual basis with preliminary education on ten-hours program;
      2) technical directors, specialists and engineering-technical employees – once every three years with preliminary education on forty-hours program.
      5. Technical directors, heads, specialists and employees participated in technical process of hazardous industrial facility, operating, performing technical maintenance, technical certification, assembly and repair of the hazardous industrial facilities, as well as attested, design organizations and other organizations engaged for work on hazardous industrial facilities shall be subject to retraining with preliminary education on ten-hours program in the following cases:
      1) upon enforcement of regulatory legal acts of the Republic of Kazakhstan in the scope of civil protection establishing the requirements of industrial safety, or upon amending and (or) supplementing the regulatory legal acts of the Republic of Kazakhstan in the scope of civil protection establishing the requirements of industrial safety;
      2) upon appointing to position or transfer to other work, if new obligations require additional knowledge on safety from a head or specialist;
      3) upon violation of requirements of industrial safety;
      4) upon putting new equipment into operation or implementation of new technical processes;
      5) upon requirement of authorized body or its territorial subdivisions upon establishment of their incomplete knowledge of industrial safety requirements.
      6. Organization and conduct of verifications of knowledge (exams) of specialists, employees of hazardous industrial facilities, as well as attested, design organizations and other organizations engaged for work on the hazardous industrial facilities shall be ensured by their heads in accordance with approved schedules. Persons being subject to verification of knowledge shall be familiarized with a schedule.
      7. For conduct of verifying knowledge of specialists, employees of organizations operating hazardous industrial facilities, as well as attested, design organizations and other organizations engaged for work on the hazardous industrial facilities, under the order (regulation) of a head of organization operating the hazardous industrial facilities, or educational organization, the standing examination commissions shall be headed by a head or deputy of a head of educational centre of organization operating hazardous industrial facilities, or educational organization shall be created.
      8. Heads of legal entities declaring industrial safety, as well as members of standing examination commissions of mentioned legal entities shall pass examinations once every three years in the manner established by authorized body.
      Heads and members of standing examination commissions of other legal entities shall pass examinations once every three years to commissions of territorial subdivision of authorized body under the chairmanship of senior state inspector of oblast, city of republican significance, the capital on state supervision in the field of industrial safety or its deputy.
      9. Verification of knowledge by examination commission in composition of less than three people shall not be allowed.
      10. Examination papers and (or) electronic testing programs shall be developed by educational organizations and shall be approved by their heads.
      11. Results of verifying knowledge shall be drawn up by minutes. Minutes of verifying knowledge shall remain until subsequent verification of knowledge.
      12. Persons who passed examinations shall be issued by standard form certificates established by authorized body signed by a chairman of examination commission.
      13. Certificate is valid in the territory of the Republic of Kazakhstan for the period of terms mentioned in it.
      14. Persons who didn’t pass examinations shall undergo repeated verification of knowledge within the term not later than one month.
      16. Persons having expired certificates shall pass examination within one month after admission to work.
      17. Expenses on organization of education, as well as on payment for labour of examination commission members shall be imposed on organizations operating hazardous industrial facilities, attested, design organizations and other organizations engaged for work on the hazardous industrial facilities.

Article 80. Liquidation plan of accidents

      1. Liquidation plan of accidents shall be developed on hazardous industrial facility.
      2. Measures on rescuing of people, actions of heads and employees, accident rescue services and groups shall be provided in liquidation plan of accidents.
      3. Liquidation plan of accidents shall contain:
      1) operative part;
      2) distribution of obligations between employees participated in liquidation of accidents, sequence of actions;
      3) list of civil servants and institutes notified in case of accident and participated in its liquidation.
      4. Liquidation plan of accidents shall be approved by a head of organization and coordinated with professional accident rescue services and (or) formations.

Article 81. Training alerts and emergency prevention trainings

      1. Training alerts and emergency prevention trainings shall be conducted on hazardous industrial facility according to the plan approved by a head of organization.
      Territorial subdivision of authorized body shall be informed on conduct of training alerts and emergency prevention trainings in written.
      2. Training alert and emergency prevention training shall be conducted by a head of organization together with representatives of territorial subdivision of authorized body and professional accident rescue services and groups.
      3. Results of training alert, emergency prevention training shall be draw up by act. Control of fulfillment of proposals stated in the act shall be imposed on a head of organization.

Chapter 15. INVESTIGATION AND ACCOUNTING OF INCIDENTS, ACCIDENTS ON HAZARDOUS INDUSTRIAL FACILITIES

Article 82. Actions of organization carrying out operation of hazardous industrial facility, upon incident, accident

      1. Organization carrying out operation of hazardous industrial facility, upon incident shall:
      1) inform immediately on occurrence of hazardous industrial factors and happened incident of employees, population, falling into design zone of emergency situation, territorial subdivision of authorized body, local executive bodies;
      2) inform territorial subdivision of authorized body within a day;
      3) conduct investigation of incident;
      4) develop and carry out measures on prevention of incidents;
      5) maintain accounting of happened incidents.
      2. Organization carrying out operation of hazardous industrial facility, upon accident shall:
      1) inform immediately professional accident rescue services and groups, servicing the facility, territorial subdivision of authorized body, local executive bodies on happened accident, and upon occurrence of hazardous industrial factors – population falling into design zone of emergency situation, and employees;
      2) represent all information required for carrying out of own powers to commission o investigation of accident;
      3) carry out measures ensuring operational safety of commission.

Article 83. Commissions on investigation of accidents

      1. Investigation of accident, infelicitous occasion happened due to accident on hazardous industrial facility shall be conducted by commission under chairmanship of a representative of authorized body or his (her) territorial subdivision.
      Investigation of accident on hazardous industrial facility with group infelicitous occasion, upon which more than five people died, shall be conducted by the state commission created by the Government of the Republic of Kazakhstan.
      The Government of the Republic of Kazakhstan shall have the right to create state commission on investigation of accident on hazardous industrial facility and on other grounds.
      2. Composition of commission on investigation of accident and infelicitous occasion happened due to accident on hazardous industrial facility shall include a head of organization operating the hazardous industrial facility, a representative of local executive body and a representative of professional accident rescue service or group.

Article 84. Right of commission on investigation of accident

      1. A chairman of commission on investigation of accident shall have the right to assign expert examination on the issues concerning investigation of accident.
      2. Examination board shall be assigned under regulation of a chairman of commission on investigation of accident. Issues requiring expert advice shall be raised in written. Materials of examination board signed by all the members shall be represented to commission on investigation of accident within the terms established by the chairman.
      3. Commission on investigation of accident shall have the right to receive written and oral explanations from eye-witnesses of happened accident, civil servants and other persons in the course of investigation.

Article 85. Tasks of investigation of accident

      Commission on investigation of accident shall clarify circumstances preceding the accidents, establish its reasons, character of violation of conditions, operation of technical equipment, technical processes, violations of industrial safety requirements, determine measures on liquidation of consequences and prevention of such like accidents, material damage inflicted by the accident.

Article 86. Materials of investigation of accident

      1. Materials of investigation of accidents shall include:
      1) legal act on assignment of commission on investigation of accident;
      2) act of investigation of accident that shall be attached:
      minutes of inspection of accident scene, plans, schemes, photography;
      sketch of accident scene;
      regulation of a chairman of commission on assignment of expert examinations and other regulations issued by commission on investigation of accident;
      expert advice of examination board on the reasons of accident, results of laboratory and other investigations, experiments, analysis;
      3) reporting notice of employees of professional accident rescue services and groups, if they were called for liquidation of accident;
      4) minutes of interrogation and explanation of persons being accessory to accident, as well as civil servants being liable for compliance with requirements of industrial safety;
      5) certificate of education, on verification of knowledge, on undergoing instructing on industrial safety of servicing personnel;
      6) other materials characterizing circumstances and reasons of accident.
      2. Technical assistance in drawing up of materials of investigation of accident shall be imposed on organization operating hazardous industrial facility. Materials of investigation of the accident shall be directed immediately to body that assigned commission on investigation of accident.

Article 87. Results of investigation of accident

      1. Following the results of investigation of accident, the organization operating hazardous industrial facility shall issue the order within ten calendar days.
      Conclusions of commission on circumstances and reasons of accident shall be declared and the measures on liquidation of its consequences, as well as measures on prevention of such like accidents and on bringing of employees to responsibility shall be devised in the order.
      2. Organization operating hazardous industrial facility shall represent written information on terms of carrying out the measures suggested following the results of investigation of accidents to territorial subdivision of authorized body.
      3. If an accident is happened due to design deficiencies of technical equipment, the organization operating hazardous industrial facility shall direct claim letter to a manufacturer, and its copy – to territorial subdivision of authorized body.

Article 88. Expenses on investigation of accident

      All expenses linked with investigation of accident shall be incurred by an organization operating hazardous industrial facility.

SECTION 7. STATE RESERVE

Chapter 16. FORMATION OF STATE RESERVE SYSTEM

Article 89. State reserve system

      State reserve system shall consist of authorized body, structural subdivision in the field of state reserve and its subordinate organizations.

Article 90. Assignment of state reserve

      State reserve shall be created and used for the purposes of:
      1) ensuring of mobilization needs;
      2) taking measures on prevention and liquidation of emergency situations and their consequences;
      3) rendering of regulating impact on market;
      4) rendering of aid for refugees;
      5) rendering of humanitarian assistance.

Article 91. Legal status of material values of state reserve

      1. Stocks of material values of the state reserve are republican property independently from the place of their storage.
      2. In case of supposed encumbrance of storage facilities and (or) objects on which material values of the state reserve are placed, the material values shall be placed in other storage facilities in compliance with secrecy order under decision of the Government of the Republic of Kazakhstan by the rights of organizations with foreign participation.

Article 92. Placement of orders on supply of material values to the state reserve

      1. Orders on supply of material values to the state reserve shall be placed among suppliers at the expense of budget funds in the manner established by the legislation of the Republic of Kazakhstan.
      2. Authorized body shall act as a customer for supply of material values to the state reserve.
      3. Material values supplied to the state reserve shall conform to requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation for the whole term of storage.
      4. Storage regulations of material values of the state reserve shall be developed by subordinate organization of the state reserve system.

Article 93. Placement of material values of the state reserve

      1. Material values of the state reserve shall be stored in subordinate organizations of the state reserve system and in storage facilities of material values of the state reserve.
      2. Storage facilities of material values of the state reserve and organization for which mobilization orders are established, shall bear responsibility for qualitative and quantitative safety of material values of the state reserve transferred for storage.
      3. List of organizations carrying out storage of material values of mobilization reserve, nomenclature and volume of storage of these values shall be determined by production plan of goods, performance of works and rendering of services for the relevant period approved by the Government of the Republic of Kazakhstan.
      4. Organizations for which mobilization orders are established shall be obliged to ensure formation, placement, storage, transfer, well-timed recreation of material values of the state reserve in accordance with mobilization orders, as well as their release upon sale.
      In case of the following removal of mobilization orders from them and release of material values of mobilization reserve, their storage shall be carried out until full release from the state reserve.
      5. Storage facilities of material values of the state reserve and organizations for which mobilization orders are established, subordinate organizations of state reserve system shall represent reports on existence and movement of material values of the state reserve.
      6. Storage facilities of material values of the state reserve and organizations for which mobilization orders are established, in cases of change of their profile, reorganization, privatization or liquidation shall notify authorized body and relevant central executive bodies after taking decision on conduct of mentioned procedures within five business days.

Chapter 17. USE OF THE STATE RESERVE

Article 94. Grounds for use and procedure for release of material values from the state reserve

      1. Use of the state reserve for mobilization needs shall be carried out on the basis of the relevant plans of mobilization training and mobilization of the Republic of Kazakhstan.
      2. Use of the state reserve for rendering of regulating impact on market, aid for refugees and humanitarian assistance shall be carried out under decision of the Government of the Republic of Kazakhstan.
      3. Use of material values of the state reserve for taking measures on prevention and liquidation of emergency situations of natural and technogenic character shall be carried out under decision of authorized body.
      4. Release of material values from the state reserve shall be carried out:
      1) due to their recreation;
      2) in the manner of borrowing;
      3) in the manner of release.
      5. Upon release of material values from the state reserve in the manner of borrowing, the compulsory condition is provision of second-tier banks’ guarantee in the manner determined by authorized body on control and supervision of financial market and financial organizations.
      6. Material values of the state reserve may not be released in the manner of borrowing in cases, if a recipient of material values:
      1) is in arrears to the budget;
      2) didn’t return material values of the state reserve received by him (her) previously;
      3) is in stage of bankruptcy.
      7. Upon release of material values from the state reserve, authorized body shall conclude agreement (contract) with a recipient in the manner of borrowing.
      8. Upon release of material values from the state reserve in the manner of borrowing, a recipient shall pay three percent of total amount of the laying’s price for the purpose of ensuring of fulfilling the borrowing agreement.
      9. Release of material values from the state reserve in the manner of recreation and release shall be carried out in the manner determined by the Government of the Republic of Kazakhstan, with the exception of cases of their release for taking measures on prevention and liquidation of emergency situations and their consequences, rendering of regulate impact on market, aid for refugees, humanitarian assistance, transfer on a balance to other state bodies.
      10. Acquisition of goods of the state reserve by legal entities carrying out procurements in accordance with the legislation of the Republic of Kazakhstan on public procurements shall be performed in authorized body or its structural subdivision in the field of state reserve.
      11. Release of material values in the manner of release shall be carried out without the relevant laying in cases of changing nomenclature and utilization (destruction), with the following laying – for taking measures on prevention and liquidation of emergency situations of natural and technogenic character and their consequences, rendering of regulate impact on market, aid for refugees and humanitarian assistance.
      12. Funds received from selling material values upon their release from the state reserve shall be subject to crediting a budget within three business days after performing the agreement.
      13. Material values from the state reserve used upon taking measures on prevention and liquidation of emergency situations and their consequences, rendering of regulate impact on market, aid for refugees and humanitarian assistance shall be subject to compensation at the expense of budget funds.
      Compensation for expenses on delivery and transfer of humanitarian assistance shall be carried out from the reserve of the Government of the Republic of Kazakhstan on the basis of decision of the Government of the Republic of Kazakhstan.

Article 95. Use of state reserve for rendering of regulate impact on market

      In case of occurrence of crisis developments and threatening disproportions between supply and demand on internal market, material values of the state reserve on the basis of decisions of the Government of the Republic of Kazakhstan shall be used for rendering of regulate impact on market.

Article 96. Procedure for release of material values from the state reserve for rendering of regulate impact on market

      1. Authorized body in the field of regulating trading activity and authorized body in the field of development of agroindustrial complex shall conduct monitoring of prices for goods and in case of reaching the price levels upon which rendering of regulate impact on market is efficient, in coordination with authorized body shall make proposal to the Government of the Republic of Kazakhstan on necessity of releasing material values from the state reserve for rendering of regulate impact on market with specification of subjects of trading activity – recipients, volume, price and amount of trade increment of released material values.
      2. Selection of subjects of trading activity in case of using the state reserve for rendering of regulate impact on market shall be carried out on the basis of the following criteria:
      1) legal capacity and capability approved by documents certifying identity and testifying to registration as individual entrepreneur, or certificate on state registration (reregistration) of a legal entity in accordance with the legislation of the Republic of Kazakhstan;
      2) paying capacity expressed in absence of debts for tax, debts on compulsory pension contributions and social expenditures, as well as debts to bank in which a subject of trading activity is served, approved by existence of certificate from bank or its branch and certificate of tax body on absence of debts for tax;
      3) possibility of selling acquired goods in retail trade networks approved by entitling documents or lease agreement of objects of retail trade network in accordance with the legislation of the Republic of Kazakhstan;
      4) existence of storage capacities that may ensure proper preservation of acquired goods approved by entitling documents or lease agreement of storage capacities in accordance with the legislation of the Republic of Kazakhstan, documents of authorized bodies in the field of health care service and in the scope of civil protection.
      3. Authorized body shall carry out release of material values from the state reserve on the basis of decision of the Government of the Republic of Kazakhstan by concluding agreements with subjects of trading activity. Money received from release of material values from the state reserve for rendering of regular impact on market shall be transferred to the budget.
      Selling material values released from the state reserve for rendering of regular impact on market shall be carried out by subjects of trade activity by retail trading.

Article 97. Ensuring of carriage of material values of the state reserve

      1. In cases of occurrence of emergency situations or imposition of emergency state, carriage of material values of the state reserve by transport organizations shall be carried out as a matter of priority.
      2. Material values released from the state reserve for taking measures on prevention and liquidation of emergency situations and their consequences, rendering of assistance to refugees and humanitarian assistance shall be accepted by transport organizations for carriage upon presenting a cargo without advance payment.
      Compensation for expenses of transportation of cargo shall be carried out from emergency reserve of the Government of the Republic of Kazakhstan.

Article 98. Reporting on existence and movement of material values of the state reserve

      Reporting on existence and movement of material values of the state reserve shall be carried out in the manner established by the legislation of the Republic of Kazakhstan. By this, in subordinate organizations of the state reserve system and storage facilities of material values of the state reserve, accounting and reporting on movement and storage of material values of the state reserve shall be carried out separately from accounting and reporting of other activity, carried out by them.

Article 99. Accounting of state property constituting the state reserve

      Accounting of state property constituting the state reserve shall be carried out by authorized body in the manner determined by the Government of the Republic of Kazakhstan.

SECTION 8. STATUS AND SOCIAL PROTECTION OF SERVANTS AND OTHER EMPLOYEES OF BODIES OF CIVIL PROTECTION AND THEIR FAMILY MEMBERS

Chapter 18. STATUS AND SOCIAL PROTECTION OF SERVANTS AND OTHER EMPLOYEES OF BODIES OF CIVIL PROTECTION AND THEIR FAMILY MEMBERS

Article 100. Status of servants and other employees of bodies of civil protection

      1. Bodies of civil protection shall be grouped by servants from among of military servants performing service in authorized body, its territorial subdivisions and military units of civil defence, servants of bodies of the state fire-fighting service, rescuers, as well as other employees.
      2. List of military positions and military ranks conforming to them in managing bodies and military units of civil defence shall be approved by the President of the Republic of Kazakhstan.
      3. Persons performing military service in authorized body, its territorial subdivisions and military units of civil defence shall have a status and enjoy rights and benefits established by the legislation of the Republic of Kazakhstan for military servants of Armed Forces of the Republic of Kazakhstan.
      4. Persons performing service in bodies of state fire-fighting service assigned by special ranks shall have a status enjoy rights and benefits established by the legislation of the Republic of Kazakhstan for servants of law enforcement bodies.
      List of positions of the state fire-fighting service engagement in which grants a right of assignment of special ranks and class ranks to civil servants performing immediate main tasks and functions of the state fire-fighting service shall be approved by the Government of the Republic of Kazakhstan.
      5. Labour relations of servants of bodies of state fire-fighting service shall be regulated in the manner established by the Labour Code of the Republic of Kazakhstan with special aspects provided by the Law of the Republic of Kazakhstan “On law enforcement service”.
      6. Labour relations of other employees of bodies of civil protection shall be regulated by the Labour Code of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan on state service.
      7. Military servants performing the service in authorized body, its territorial subdivisions and military units of civil defence, servants of bodies of the state fire-fighting service shall wear standard type uniform with badge of ranks in accordance with military and special ranks.
      8. Servants and other employees of bodies of state protection and enterprises subordinated to authorized body upon carrying out of measures on liquidation of emergency situations, on studies, military and operative duties, lessons in educational centres, lessons with military equipment upon performance of special tasks shall wear special clothing.
      9. Labour relations of civil servants and employees of bodies of civil protection that are not state servants, shall be regulated by labour legislation of the Republic of Kazakhstan.

Article 101. Payment for labour, pension and other provision of servants and other employees of bodies of civil protection

      1. Payment for labor, pension and other provision of servants and other employees of bodies of civil protection shall be carried out in accordance with legislation of the Republic of Kazakhstan.
      2. Rescuers of professional accident rescue services and groups shall be paid on a monthly basis by long-service pay in percent to official salary depending on work experience in the following amounts upon length of service higher than:
      1) three years – fifteen percent;
      2) five years – twenty percent;
      3) ten years – thirty percent;
      4) fifteen years – forty percent;
      5) twenty years – fifty percent.
      For payment of percent long-service pay, the length of service of rescuers of professional accident rescue services and groups shall be calculated in the manner determined by the Government of the Republic of Kazakhstan.
      3. Military servants performing service in authorized body, its territorial subdivisions and military units of civil defence, servants of bodies of the state fire-fighting service, other servants of bodies of civil protection and enterprises subordinated to authorized body shall be provided with official uniform and special clothing on a gratuitous basis.

Article 102. Protection of life and health, medical maintenance of servants and other employees of bodies of civil protection, as well as their family members

      1. Servants and other employees of bodies of civil protection shall have the right to gratuitous medical maintenance in accordance with the legislation of the Republic of Kazakhstan. In the absence of medical organizations with the relevant branches or absence of special equipment in there at the place of service (work) or residence of a servant of bodies of civil protection, upon medical indications, medical treatment shall be provided within guaranteed volume of gratuitous medical treatment in accordance with the legislation of the Republic of Kazakhstan.
      Family members (wives, husbands, children under eighteen years) of servants of bodies of civil protection and persons being on their dependence, as well as other employees of bodies of civil protection shall have the right to gratuitous medical treatment in medical organizations in accordance with the legislation of the Republic of Kazakhstan.
      Servants and other employees of bodies of civil protection received wounds, contusions, maims, injuries or diseases upon fulfillment of obligations shall be directed to health resort treatment and rehabilitation on the basis of medical institutions and rehabilitating centres at the expense of the state.
      Rights and benefits of servants and other employees of bodies of civil protection and their family members mentioned in this Article shall apply to pensioners of bodies of civil protection dismissed from military service (work) according to age, health condition or staff reduction, the total period of service (work) of which is twenty years and more and their family members.
      Military servants upon call of civil defence, cadets of educational institutions of authorized body in existence of medical indications shall have the right to gratuitous medical treatment in medical units and medical organizations in accordance with the legislation of the Republic of Kazakhstan.
      The right of medical and sanatorium-resort service shall be preserved for children of servants and other employees of bodies of civil protection, died upon fulfillment of official duties upon their attainment of majority age in the manner established by the Government of the Republic of Kazakhstan.
      2. Citizens admitted to service (work) in bodies of civil protection and enterprises subordinated to authorized body shall undergo medical certification, physical aptitude examination, test of professional qualities, psychological test in compulsory manner following the results of which, their suitability for service (work) is determined.
      Period of temporary disability, continuous being of a servant of bodies of civil protection under treatment shall not exceed four months, except for the cases when the legislation of the Republic of Kazakhstan provides longer terms of being under treatment on separate diseases. Upon expiry of established term of continuous being of servant under treatment, he (she) shall be subject to medical certification for solving question on suitability to the following service (work).
      Period of being of servants of bodies of civil protection under treatment due to wounds, contusions or injuries received by them upon fulfillment of official duties shall not be limited by term. Mentioned persons shall be directed to medical certification after completion of treatment or upon determined disease outcome.

Article 103. Social guarantees of rescuers and their family members

      1. Compulsory social insurance of rescuers shall be carried out in accordance with the Laws of the Republic of Kazakhstan.
      2. Rescuers may be insured at the expense of funds received on the basis of agreements from state bodies and organizations as well.
      3. In case of death incident (death) of a rescuer upon fulfillment of official duties or his (her) death within a year due to injury received upon fulfillment of official duties, dependents shall be paid by a lump sum allowance in amount of no less than ten-fold annual amount of salary according to the last held position.
      4. Upon establishment of disability to a rescuer in the result of maim, injury, wound, contusion, disease received upon fulfillment of official duties, he (she) shall be paid by a lump sum allowance in amounts of:
      1) five-fold annual amount of salary to disabled person or the group I or II;
      2) two-fold annual amount of salary to disabled person of the group III.
      5. In case of receiving maim, injury, wound, contusion, disease by a rescuer with permanent disability, he (she) shall be paid by a lump sum allowance without establishment of disability in amount of not less than annual amount of salary.
      6. Lump sum allowance determined by paragraphs 3, 4 and 5 of this Article shall not be paid, if it is proved that death incident (death), maims, injuries, wounds, contusions, diseases of a rescuer occurred due to circumstances that are not linked with fulfillment of official duties in the manner established by the legislation of the Republic of Kazakhstan.
      7. Allowance for burial of decease or died rescuer of accident rescue services and groups shall be given in amount established for the relevant financial year by the law on republican budget.
      8. Allowances shall be paid at the expense of funds of organizations maintained accident rescue services and groups in accordance with paragraphs 3, 4, 5 and 7 of this Article. Upon emergency situations of technogenic character, expenses of organizations maintained accident rescue services and groups shall be compensated in full measures at the expense of an inflictor of harm (damage).
      9. Social security of family members of rescuers on disability, on case of loss of wage earner shall be carried out in accordance with the legislation of the Republic of Kazakhstan on state social allowances on disability, on case of loss of wage earner and according to age in the Republic of Kazakhstan.
      10. To rescuers of professional accident rescue services and groups servicing organizations with harmful and hazardous labour conditions, the guarantees of legal and social security and benefits established by the legislation of the Republic of Kazakhstan for employees of these organizations shall be applied. Amount of their salary shall be no less than amount of salary of the relevant categories of employees of hazardous industrial facilities serviced by them.
      11. Legal and social guarantees provided by this Article shall be applied to rescuers of voluntary accident rescue groups, as well as citizens that are not rescuers, upon their engagement in performance of accident rescue operations.

SECTION 9. FINAL AND TRANSITIONAL PROVISIONS

Chapter 19. FINAL PROVISIONS

Article 104. Financing of measures of civil protection

      1. Financing of measures of civil protection shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.
      2. Financing of measures of civil protection shall be carried out at the expense of:
      1) budget funds;
      2) funds of organizations;
      3) voluntary contributions of citizens, funds and public associations;
      4) other sources that are not inconsistent with the legislation of the Republic of Kazakhstan.

Article 105. Responsibility for violation of the legislation of the Republic of Kazakhstan on civil protection

      Violation of the legislation of the Republic of Kazakhstan on civil protection shall entail responsibility established by the Laws of the Republic of Kazakhstan.

Article 106. Solution of disputes in the scope of civil protection

      Disputes in the scope of civil protection shall be solved by courts in the manner established by the legislation of the Republic of Kazakhstan.

Article 107. International cooperation in the scope of civil protection

      Authorized body shall participate in the following directions of international cooperation in the scope of civil protection:
      1) conduct of monitoring and forecasting of emergency situations on a permanent basis together with organizations of foreign countries, international organizations;
      2) creation and ensuring of activity of international organizations on prevention of emergency situations and ensuring of civil protection;
      3) rendering of humanitarian assistance to foreign countries;
      4) education of Kazakhstani specialists in foreign countries;
      4) education of foreign specialists in the Republic of Kazakhstan;
      5) holding of seminars, conferences, studies and training courses in the Republic of Kazakhstan and abroad;
      7) joint carrying out of scientific researches on different aspects of emergency situations and civil protection.

Article 108. Activity of foreign persons, foreign and international organizations on ensuring of civil protection of population in the territory of the Republic of Kazakhstan

      Activity of foreign persons, foreign and international organizations on prevention, liquidation of emergency situations and their consequences in the territory of the Republic of Kazakhstan shall be carried out, if it is not inconsistent with the legislation of the Republic of Kazakhstan or is regulated by international treaties.

Chapter 20. TRANSITIONAL PROVISIONS

Article 109. Procedure of entering of this Law into force

      1. This Law enters into force upon expiry of ten calendar days after the date of its first official publication.
      2. Shall be deemed to have lost force the following Laws of the Republic of Kazakhstan:
      1) Law of the Republic of Kazakhstan dated 5 July 1996 “On emergency situations of natural and technogenic character” (The Bulleting of the Parliament of the Republic of Kazakhstan, 1996, No. 11-12, Article 263; 1998, No. 23, Article 416; 1999, No. 4, Article 101; 2000, No. 6, Article 145; 2003, No. 14, Article 112; 2004, No. 11-12, Article 67; No. 23, Article 142; 2006, No. 1, Article 5; No. 24, Article 148; 2007, No. 2, Article 18; No. 8, Article 52; No. 20, Article 152; 2008, No. 6-7, Article 27; No. 21, Article 97; 2009, No. 2-3, Article 9; No. 18, Article 84; 2010, No. 5, Article 23; 2011, No. 1, Article 2; No. 5, Article 43; No. 11, Article 102; 2012, No. 15, Article 97; 2013, No. 9, Article 51; No. 14, Article 75; 2014, No. 1, Article 4);
      2) Law of the Republic of Kazakhstan dated 22 November 1996 “On fire-fighting security” (The Bulleting of the Parliament of the Republic of Kazakhstan, 1996, No. 18, Article 368; 1998, No. 23, Article 416; 1999, No. 20, Article 728; No. 23, Article 931; 2000, No. 6, Article 142; 2002, No. 17, Article 155; 2003, No. 14, Article 112; No. 24, Article 177; 2004, No. 23, Article 142; 2006, No. 3, Article 22; No. 24, Article 148; 2007, No. 2, Article 18; No. 9, Article 67; No. 10, Article 69; No. 20, Article 152; 2008, No. 6-7, Article 27; 2009, No. 18, Article 84; 2010, No. 5, Article 23; No. 13, Article 67; 2011, No. 1, Article 2, 3; No. 11, Article 102; 2012, No. 4, Article 32; No. 8, Article 64; No. 15, Article 97; 2013, No. 9, Article 51; No. 14, Article 75; 2014, No. 1, Article 4);
      3) Law of the Republic of Kazakhstan dated 27 March 1997 “On accident rescue services and status of rescuers” (The Bulleting of the Parliament of the Republic of Kazakhstan, 1997, No. 6, Article 69; 1998, No. 24, Article 436; 2000, No. 8, Article 187; 2004, No. 11-12; Article 67; No. 23, Article 142; 2006, No. 1, Article 5; 2007, No. 2, Article 18; No. 8, Article 52; No. 9, Article 67; No. 20, Article 152; 2008, No. 6-7, Article 27; No. 21, Article 97; 2011, No. 1, Article 7);
      4) Law of the Republic of Kazakhstan dated 7 May 1997 “On Civil defence” (The Bulleting of the Republic of Kazakhstan, 1997, No. 9, Article 93; 1998, No. 23, Article 416; 1999, No. 4, Article 101; 2000, No. 6, Article 142; 2004, No. 23, Article 142; 2006, No. 1, Article 5; No. 16, Article 104; 2007, No. 10, Article 69; 2008, No. 6-7, Article 27; No. 21, Article 97; 2009, No. 18, Article 84; 2010, No. 5, Article 23; 2011, No. 1, Article 2, 7; No. 5, Article 43; No. 11, Article 102; 2012, No. 4, Article 32; No. 15, Article 97; 2013, No. 9, Article 51; No. 14, Article 75; 2014, No. 1, Article 4);
      5) Law of the Republic of Kazakhstan dated 27 November 2000 “On state material reserve” (The Bulleting of the Parliament of the Republic of Kazakhstan, 2000, No. 20, Article 378; 2003, No. 15, Article 139; 2006, No. 16, Article 104; 2010, No. 3-4, Article 11; No. 17-18, Article 108; 2011, No. 5, Article 43; 2012, No. 13, Article 91; 2014, No. 1, Article 4);
      6) Law of the Republic of Kazakhstan dated 3 April 2002 “On industrial safety on hazardous industrial facilities” (The Bulleting of the Parliament of the Republic of Kazakhstan, 2002, No. 7-8, Article 77; 2004, No. 23, Article 142; 2006, No. 3, Article 22; No. 24, Article 148; 2007, No. 20, Article 152; 2008, No. 6-7, Article 27; No. 21, Article 97; 2009, No. 18, Article 84; 2010, No. 5, Article 23; No. 9, Article 44; 2011, No. 1, Article 2, 7; No. 11, Article 102; No. 12, Article 111; 2012, No. 1, Article 5; No. 15, Article 97; 2013, No. 14, Article 75; 2014, No. 1, Article 4).

      President of
      the Republic of Kazakhstan                 N. NAZARBAYEV