On National Security agencies of the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated 21 December 1995 No. 2710

Unofficial translation

      Footnote. The title and preamble are in the wording of the Law of the Republic of Kazakhstan dated 21 March 2002 No. 309.

      Throughout the text after the words “Chapter” numbers “I-V” are substituted with the numbers “1-5” in accordance with the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

      This Law shall determine the status, authority and organization of the activity of national security agencies of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The purpose of the national security agencies of the Republic of Kazakhstan

      National Security agencies of the Republic of Kazakhstan (hereinafter - National Security structure) – directly subordinated and accountable to the President of the Republic of Kazakhstan special governmental bodies that are an integral part of security system of the Republic of Kazakhstan and held within their powers, to ensure the safety of persons and society, protect the constitutional system, governmental sovereignty, territorial integrity, economic, scientific-technical, and defense potential of the country.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 21.03.2002 No. 309.

Article 1-1. Basic definitions, used in this Law

      In this Law shall be used the following basic definitions:
      1) conspiracy - the concealment of forces, assets, actions, plans and intentions of the counterintelligence service by means of encryption and closing access to secret information and the establishment of a special supervisory procedure;
      2) counterintelligence activities - system of the operational and organizational measures to protect the constitutional system, economic and defense potential of the Republic of Kazakhstan of intelligence and subversive activities of special services of foreign states and other foreign organizations.
      Footnote. Chapter 1 is supplemented with the article 1-1 in accordance with the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Tasks of national security structure

      1. The tasks of national security structure shall be:
      1) participation in development and realization of governmental policy in the field of providing security for individuals, society and the state;
      2) extraction of intelligence information in the interests of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On external intelligence service";
      3) detection, prevention and suppression of intelligence and other aimed at damaging the security of the Republic of Kazakhstan activities of the special services and organizations of foreign states, as well as of individuals;
      4) detection, prevention and suppression of terrorism and other activities directed towards the violent change of the constitutional system, violation of the integrity and undermining the security of the Republic of Kazakhstan;
      4-1) to coordinate activities in the field of counteraction to terrorism and extremism in the Republic of Kazakhstan;
      5) detection, suppression, disclosure and investigation of crimes attributed within the law, to the area of responsibility of national security structure;
      6) ensuring the President of the Republic of Kazakhstan, governmental bodies, Armed Forces, other troops and military formations of the Republic of Kazakhstan with governmental bond in peace and war time;
      7) organization of encryption work in the authorized governmental bodies, military administration bodies, national security and internal affairs of the Republic of Kazakhstan;
      8) ensuring of protection and guarding of the State border of the Republic of Kazakhstan;
      9) ensure the physical protection of diplomatic missions of the Republic of Kazakhstan.
      2. Other tasks can be entrusted to the national security structure by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 16.05.1997 No. 110; dated 21.03.2002 No. 309; dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 23.04.2012 No. 14-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 63-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.01.2013 No. 71-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 3. Legal basis of activity of national security structure

      Legal basis of activity of national security structure shall consist of:
      1) The Constitution and laws of the Republic of Kazakhstan;
      2) this Law;
      3) other regulatory legal acts of the Republic of Kazakhstan in the part not contradicting and not regulated by this Law;
      4) international treaties and other obligations of the Republic of Kazakhstan;
      5) regulatory resolutions of Constitutional Council and the Supreme Court of the Republic of Kazakhstan;
      6) the regulations on the Committee of national security approved by the President of the Republic of Kazakhstan.

Article 4. Basic principles of the activity of national security structure

      The activity of the bodies of national security shall be based on the principles of legality, privacy, security, unity of command, equality of all before the law, respect and observance of the rights and freedoms of man and citizen, regardless of political parties and other public associations.
      Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Observance of the rights and freedoms of man and citizen in the activity of national security structure

      1. The state shall guarantee the rights and freedoms of man and citizen upon execution by the national security structures of their activities.
      2. The rights and freedoms of man and citizen can be limited exceptionally in cases and in accordance with the procedure provided for by the Law.
      3. Within the limits established by the legislation, the national security structures shall be obliged to provide to each citizen a possibility to familiarize with touching his rights and interests documents, and decisions.
      4. Actions of the national security structures, their employees, servicemen and officials can be appealed in the superior bodies of national security, prosecutor's office or court.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 21.03.2002 No. 309; dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); by the constitutional law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Interaction and cooperation of the national security structures with governmental bodies and organizations of the Republic, special services of foreign states

      1. The national security structures shall carry out their activities in interaction with governmental bodies and organizations of the Republic of Kazakhstan. Officials of governmental bodies, organizations, commanders of military units and parts shall be obliged to provide assistance to national security structures in solving of tasks entrusted to them.
      2. Cooperation of the national security structures with special services and the governmental communication of the foreign states, international law enforcement agencies shall carry out on the basis of international treaties of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 16.05.1997 No. 110; dated 21.03.2002 No. 309.

Chapter 2. System and organization of the activity of national security structures

Article 7. System of the activity of national security structures

      Unified system of bodies of national security of the Republic of Kazakhstan shall be made up from the national security Committee of the Republic of Kazakhstan (hereinafter - Committee of national security), its agencies, territorial and other bodies of national security, special purpose units, educational institutions, scientific-research institutions and other subordinate organizations.
      The national security Committee, its departments, territorial and other bodies of national security can create out of their location other separate structural subdivisions that shall not be subjected to registration in the authorized body.
      Other isolated structural divisions shall carry out some functions of the national security structures, specified in part two of this article.
      Footnote. Article 7 is in the wording of the constitutional law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Committee of national security

      1. Committee of national security shall:
      1) be formed, abolished and reorganized by the President of the Republic and shall not be included in the system of Central Executive bodies of the Republic;
      2) supervise the departments of the Committee of national security, territorial and other bodies of national security, as well as subordinate organizations;
      2-1) organize the planning of ensuring the national security structures of the property, its maintenance, preservation, registration and withdrawal;
      3) issue within its authority regulatory legal acts and directly implement the basic directions of activity of national security structures;
      4) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      5) be a legal entity, shall have a valid and conditional names, its symbols and insignia.
      2. The status and authority of the national security Committee shall be determined by the Regulations on the Committee of national security.
      2-1. Symbols, distinctions and departmental awards of the national security structures shall be approved by the President of the Republic of Kazakhstan on recommendation of the Chairman of the Committee of national security of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 16.05.1997 No. 110; dated 09.12.1998 No. 307; dated 21.03.2002 No. 3009; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8-1. Department of national security Committee

      1. Department of Committee of national security shall be created for realization of tasks, imposed on bodies of national security in certain areas of their activities.
      2. Department of Committee of national security shall be:
      1) Formed, abolished and reorganized by the President of the Republic of Kazakhstan on recommendation of the Chairman of the Committee of national security of the Republic of Kazakhstan;
      2) headed by the Directors that are appointed and dismissed by the President of the Republic of Kazakhstan on recommendation of the Chairman of the Committee of national security of the Republic of Kazakhstan;
      3) legal entities, shall have a valid and conditional names.
      Footnote. Article 8-1 is in the wording of the Law of the Republic of Kazakhstan dated 21.03.2002 No. 309; as amended by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Territorial bodies of the national security Committee

      1. Territorial bodies of the Committee of national security by oblasts, city of republican significance and the capital of the Republic and their subordinate municipal and district authorities (departments, divisions) shall be created for realization of tasks, imposed on bodies of national security of the respective territory.
      2. Territorial bodies of the Committee of national security by oblast, city of republican significance and the capital of the Republic shall be legal entities, have a valid and conditional names, seals and stamps, accounts, fixed assets, objects of social - cultural and medical purposes.
      3. In operational-official activity of the territorial bodies of the national security Committee shall be independent from the local representative and executive bodies and their official persons.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan 09.12.1998 No. 307; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Article 10. Military counterintelligence authorities

      Military counterintelligence authorities shall:
      1) be created for the implementation of entrusted to the national security tasks in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
      1-1) be a military unit;
      2) have a valid and conditional names, seals and stamps;
      3) in the operative-service activity be independent from the command of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 21.03.2002 No. 309; dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10-1. Troops of the national security Committee

      Footnote. Article 10-1 is excluded by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10-2. The military police of the national security Committee

      The military police of the national security Committee shall be intended to perform entrusted to them tasks in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Chapter 2 is supplemented with the article 10-2 in accordance with the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Subdivisions of special purpose

      Subdivisions of special purpose shall be created to suppress acts of terrorism and other especially dangerous criminal attacks on the personality, society and state.
      Subdivisions of special purpose shall be involved in the operational-military and other measures, conducted by the bodies of national security, in accordance with the procedure provided for by the Chairman of the Committee of national security.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 08.04.2010 No. 266-IV (the order of the entry into force see article 2); dated 08.01.2013 No. 63-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. Authorityof National security structures

Article 12. Obligations of the national security structures

      National security structures within the limits of their powers shall be obliged to:
      1) inform the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan about the threats to the security of the country;
      2) carry out intelligence activities in the interest of the Republic of Kazakhstan in accordance with Law of the Republic of Kazakhstan "On external intelligence service";
      3) carry out counter-intelligence activity to identify, prevent and combat reconnaissance and another aimed at damaging the security of the Republic of Kazakhstan activities of the special services and organizations of foreign states, as well as individuals;
      4) detect, prevent and suppress terrorism and other activities directed towards the violent change of the constitutional system, violation of the integrity and undermining the security of the Republic of Kazakhstan;
      5) identify, prevent, uncover and investigate the crimes referred by the law, to the area of responsibility of national security structures;
      6) assist to governmental bodies in the prevention and suppression of activity on the territory of the Republic of Kazakhstan of illegal paramilitary groups, political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations;
      7) develop and implement measures for counterintelligence protection of information, constituting state secrets in governmental bodies, military formations, units and organizations and control their activities in this area. To carry out a special inspection of the citizens of the Republic of Kazakhstan processed (reissued) for access to the information constituting a state and professional secrecy;
      8) participate in the development and implementation of measures on ensuring the security of objects of the defense complex, nuclear energy, transport and communications, life support of regions and other strategic objects the list of that is determined by the Government of the Republic of Kazakhstan;
      9) is excluded by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2);
      9-1) participate in ensuring the safety of diplomatic missions of the Republic of Kazakhstan and their personnel;
      10) participate in accordance with the legislation of the Republic of Kazakhstan in solution of questions concerning admission to the citizenship of the Republic of Kazakhstan and exit from citizenship of the Republic of Kazakhstan, of leaving abroad of citizens of the Republic of Kazakhstan, entry to the territory of the Republic of Kazakhstan and departure abroad of foreign citizens and persons without citizenship, as well as regime of their sojourn in the territory of the Republic;
      11) take in cooperation with other competent bodies measures to ensure the security of missions of foreign states and international organizations on the territory of the Republic of Kazakhstan;
      12) participate at the direction of President of the Republic of Kazakhstan jointly with other governmental bodies in ensuring the security of heads of state, foreign governments and heads of international organizations during their stay in the Republic of Kazakhstan, as well as carried out on the territory of the country of important socio-political events;
      12-1) participate in ensuring the safety of the President of the Republic of Kazakhstan and the First President of the Republic of Kazakhstan, leader of the Nation;
      13) ensure the protection and defense of the state border of the Republic of Kazakhstan;
      14) engage in an information-analytical work in order to implement imposed on national security structures problems;
      15) detect radio transmitting radio-electronic means, work that poses a threat to the security of the Republic of Kazakhstan;
      16) organize encryption and cryptanalytical service, exploit, develop governmental and other special types of communication, to ensure their safety;
      16-1) organize and carry on combat duty in the national security structures in accordance with the procedure provided for by the Chairman of the Committee of national security;
      17) implement measures on ensuring its own security, including prevention of technical penetration for details of the national security structures constituting state secrets;
      17-1) take necessary measures on ensuring security upon conducting reconnaissance, counterintelligence, and other operational-search activity, upon implementation of materials, reflecting the results of this activity, and to preventing the declassification of information sources by administrative activities of the Chairman of national security Committee or authorized officials, that provide restriction of access to the materials of operative-service activity to their investments in vowel form;
      18) ensure mobilization readiness of the national security structures;
      19) provide training for national security structures, their retraining and improvement of professional skill;
      20) obligatory special check of citizens of the Republic of Kazakhstan, entering and employed by the state service, and also applying for positions employee of the National Bank of the Republic of Kazakhstan and its offices, within and in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
      21) fulfill the written demand of the Prosecutor, associated with the exercise of supervision functions;
      22) submit at the request of the authorized body on financial monitoring information from their own information systems in accordance with the legislation of the Republic of Kazakhstan concerning counteraction to legalization (laundering) of illegally gained income and financing terrorism;
      23) exercise other functions provided for by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article as amended by the Law of the Republic of Kazakhstan dated 16.05.1997 No. 110: dated 09.12.1998 No. 307; dated 21.03.2002 No. 309; dated 09.08.2002 No. 346; dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010); dated 27.05.2010 No. 279-IV (the order of the entry into force see article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 63-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.01.2013 No. 71-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Rights of national security structures

      National security structures for execution of tasks entrusted to them shall be entitled to:
      1) carry out general and special operational investigations, forensic studies, to involve citizens of the Republic of Kazakhstan on a voluntary basis as a freelance operational staff in accordance with the procedure provided for by the Chairman of the Committee of national security;
      1-1) carry out operational-military measures to stop illegal activity in accordance with develop specific methodologies and to use special means in accordance with the list approved by the Government of the Republic of Kazakhstan;
      2) carry out penetration to special services and organizations of foreign states, criminal groups, objectives and actions that are aimed at undermining the security of the state, violation of the integrity of Republic Kazakhstan, violent change of the constitutional system;
      3) solve jointly with the competent governmental bodies regarding the closing of entry and expulsion from the Republic of Kazakhstan foreign citizens and stateless persons, who by their actions threaten or harm the security of society and state;
      4) upon revealing, suppression, disclosure and investigation of crimes put within the legislation, to the area of responsibility of national security structures, to give binding instructions to other authorities within the limits prescribed by the criminal procedure legislation;
      5) call in to the national security structures the citizens on materials, that are in the production, to receive explanations, certificates, documents, and to take copies of them; to subject the drive to the persons evading appear on summons;
      6) in accordance with the legislation to check citizens in case of a reasonable suspicion of committing crimes documents, proving their identity. To make the detention of persons suspected of committing crimes, to inspect the documents, personal inspection of the arrested and their vehicles, as well as withdrawal of things that are with them and documents;
      6-1) upon participating in anti-terrorist operations and the legal regime of an antiterrorist operation to apply measures and temporary restrictions under the Law of the Republic of Kazakhstan "On counteraction to terrorism";
      7) carry out administrative detention of persons that have committed offences related to attempts of penetration and penetration on specially protected areas especially- classified and other objects illegally staying in the border zone. To check the documents, proving their identity, to receive explanations, to realize their personal examination, inspection and seizure of things and documents;
      8) using means of communication, means of transportation belonging to organizations, military units and parts for crime prevention, prosecution and detention of persons that have committed or are suspected of committing crimes, delivery of detained persons to place of their content, as well as to travel to the occurrence location and delivery in need of urgent medical aid to citizens in medical institutions. On demand of the holders national security structures shall compensate in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan caused as a result the actual damage;
      9) freely enter to the territory and premises of organizations, military units and parts, residential and other owned by the citizens premises, on-owned by them land plots in order to suppress crime, the prosecution of persons suspected of having committed them, if the delay could endanger the life and health of citizens, harm the security of the state. On cases of forced entry into residential and other owned by the citizens premises the national security structures shall notify the Prosecutor within twenty-four hours;
      10) have temporary jails, detention centers for content in accordance with the determined by legislation of the Republic of Kazakhstan order of the persons against whom a measure of restraint chosen the custody or detained by national security structures on suspicion of committing crimes. In separate cases, upon agreement with the national security structures – detained and arrested by law enforcement authorities and courts, as well as convicts;
      11) exercise control, to provide methodological and practical assistance on issues of ensuring the security of state secrets, commercial, banking and other secrets protected by law, security for special types of communications and cryptographic work in the authorized governmental bodies, military administration bodies, national security and internal affairs of the Republic of Kazakhstan;
      12) introduce to the governmental bodies, military units, parts and organization mandatory for execution presentations about elimination of reasons and conditions contributing to the implementation of the security threats to the Republic of Kazakhstan, committing crimes, the investigation of that is classified by the legislation of the Republic of Kazakhstan to maintenance of national security structures.
      Form and procedure of making presentations shall be determined by the Chairman of the Committee of national security;
      13)stop the use on the territory of the Republic of Kazakhstan transmitting radio-electronic means, used with infringement of the established rules or legislation of the Republic of Kazakhstan on protection of state secrets;
      14) receive free of charge and in compliance with the established by the legislative acts of the Republic of Kazakhstan requirements to the disclosure of information constituting commercial, banking and other secrets protected by law from governmental bodies, military units, parts and organizations the information necessary for performance of the tasks entrusted to the national security structures;
      15) inform the local representative and executive bodies on issues within the competence of the national security structures;
      16) carry out storage and use of archive operational, investigative and other materials, related to the activity of national security structures;
      17) in order to encrypt the identity of employees and servicemen of the national security structures, departments, their divisions, premises and means of transport or the identity of the citizens, assisting the national security structures on a confidential basis, to use, manufacture and (or) to draw up documents of other governmental bodies, as well as organizations, the procedure of use, manufacture and (or) official registration of that is determined by the by the Chairman of the Committee of national security.
      In case of necessity of use of by the national security structures for the purposes provided for by this subparagraph, documents of the governmental bodies that require registration in the governmental bodies, including the issued by them documents, at the request of the national security structures, the relevant governmental bodies on a gratuitous basis shall produce and (or) formalize them for national security structures in accordance with the procedure determined by combined regulatory legal acts;
      17-1) direct to other governmental bodies and organizations, obligatory requests for execution on provision to the national security agencies documents and certificate of employment, samples of their filling;
      18) establish in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan the organization and departments necessary for the performance of duties entrusted to the national safety structures, and ensuring the activity of specified bodies;
      19) work out, create, acquire, and use the funds of special communications, weapons and equipment, including special technology and other means. To conclude for this purpose agreements, contracts with governmental bodies and organizations of the Republic of Kazakhstan, special services and organizations of foreign states;
      20) conduct scientific researches on problems of provision of security of the Republic of Kazakhstan. To work out and create automated information-analytical system and system of special types of communication;
      21) exercise on a contractual basis, the training of personnel for the governmental bodies of the Republic of Kazakhstan and special services of foreign states;
      22) is excluded
      23) exercise other functions provided for by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 16.11.1999 No. 476; dated 29.03.2000 No. 42; dated 21.03.2002 No. 309; dated 08.04.2010 No. 266-IV (the order of the entry into force see article 2); dated 5.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2012 No. 14-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 63-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 N. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Right of military personnel of the national security structures to use of weapons, special means and physical force

      Footnote. Article 14 is excluded by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Realization of provided rights

      Provided by this Law rights shall be used exclusively for the solution of the tasks entrusted to the national security structures.

Chapter 3-1. THE USE BY THE STAFF AND MILITARY PERSONNEL OF THE NATIONAL SECURITY AGENCIES OF PHYSICAL FORCE, SPECIAL MEANS, WEAPON AND MILITARY EQUIPMENT

      Footnote. The Law is supplemented with Chapter 3-1 in accordance with the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-1. Conditions and limits of use of physical force, special means, weapon and military equipment

      1. Staff and military personnel of the national security agencies shall be entitled to bear, storage and use of weapons, military equipment and special means as well as physical force.
      2. They shall be obliged to pass special training, periodic test for suitability to actions in conditions, connected with the use of physical force, special means and weapons.
      3. In cases of necessary defence and extreme necessity or upon detention of an offender that committed crime, officer or a military serviceman of the national security structures in the absence of necessary special means or weapons shall be entitled to use any improvised means, as well as on the bases and in accordance with the procedure provided by this Law, to apply other weapon, not consisting on arms.
      4. Employee and a military personnel of the national security agencies shall not be liable for moral, material and physical damage caused in connection with the application provided by the laws of cases of physical force, special means, weapon and military equipment, if protection is consistent with the nature and danger of the encroachment on protected persons and other citizens, protected objects or on an employee or military personnel of national security agencies.
      5. Use of physical force, special means, weapon and military equipment by staff and servicemen of the national security structures with the excess of powers shall entail responsibility provided by the Law.
      6. In the zone conducting of the antiterrorist operation staff and servicemen of the national security structures, involved in the anti-terrorist operation, shall be entitled to apply for terrorists physical force, military and other equipment, weapons and special means, including service animals, without warnings and restrictions provided by this Law and other laws of the Republic of Kazakhstan.

Article 15-2. Application of physical force

      1. Staff and servicemen of the national security structures shall be entitled to use physical force, including martial struggle to suppress crimes and administrative offences against life, health, rights, freedoms, dignity, property rights and protected interests of citizens and the state, detention of persons that have committed socially dangerous acts with regard to the nature of offences and the specific situations, overcoming resistance to legal demands, if non-violent methods do not provide fulfillment of entrusted responsibilities at national security structures.
      2. Employee and a serviceman of the national security structures shall be entitled to apply physical force in all cases when the use of special means or weapons permitted by this Law.

Article 15-3. Application of special means

      1. Staff and servicemen of the national security structures shall be entitled to apply special means existing in-service, in the following cases:
      1) to repulse attack on citizens and protected persons;
      2) to repulse attack on buildings, constructions, premises, other objects and vehicles that are protected by national security structures, as well as for the release of specified objects and means in case of their seizure;
      3) to reveal and suppress the crimes;
      4) to disarm the persons, unlawfully possessing arms, ammunition, explosives, poisonous and radioactive substances;
      5) to repulse attack on employees or military personnel of the national security structures, members of their families or other persons involved in providing security measures;
      6) for detention of offenders, persons that resists or deliberately impeding military personnel or officers of national security structures or law enforcement bodies in the implementation of entrusted to them official duties;
      7) upon escorting and guarding of delayed, misdemeanant prisoners as well as convicts, suspects and accused, if there are reasonable grounds to believe that they can escape or to cause harm to the people or their own health, as well as in respect of persons, preventing the personnel or servicemen of the national security structures in the implementation of obligation assigned to them by the Law.
      8) for the release of hostages, prevent riots, group actions that infringe upon the life, health, rights, freedoms, dignity and property of citizens, protected persons and objects;
      9) to stop the vehicle the driver of which does not fulfill the requirement of the employee or the serviceman of the national security structures to stop, if by other ways it is impossible to prevent a real threat to protected persons;
      10) in cases of necessary defense and extreme necessity.
      2. Use of special means in the direction of the protected person, as well as concerning women with visible signs of pregnancy, persons with obvious signs of disability and small children shall be prohibited, unless they commit an attack on employees or military personnel of the national security structures, citizens and the protected persons, threatening their life and health, group attacks or rendering armed resistance.
      3. The list of special means, used by the national security structures shall be approved by the Government of the Republic of Kazakhstan.

Article 15-4. Use of weapons and use of combat equipment

      1. Staff and servicemen of the national security structures shall be entitled to use arms and military equipment, as an extreme measure in the following cases:
      1) to repulse attack on citizens, protected persons, and also persons, protection and conservation of that is delegated to the personnel or servicemen of the national security structures;
      2) to repel an attack on buildings, constructions, premises and other objects and vehicles that are protected by national security structures;
      3) for reflection of an attack on employees or military personnel of the national security structures, members of their families, other persons attracted by this body to providing security measures, as well as to prevent attempts of taking possession of arms, means of transport, special and military equipment of the national security structures;
      4) for protecting citizens from criminal encroachments, and also the liberation of hostages, occupied guarded objects, constructions and special cargoes;
      5) for detention of persons caught while committing crime or immediately after its committing, rendering armed resistance, and also armed person that refused to comply with a legal requirement for the surrender of weapons that are with him, ammunition, explosives, poisonous and radioactive substances;
      6) for neutralization and detention of persons, a set of external signs and actions that indicate the presence of a real threat to the life and health of other citizens, protected persons and employees or military personnel of the national security structures;
      7) to prevent escape from places of detention of suspects or accused of committing crimes or escape from the convoy of persons, detained on suspicion of committing crimes, persons in respect of that applied the measure of restraint in the form of detention, sentenced to deprivation of liberty, as well as to prevent attempts of violent release of the specified persons;
      8) to stop the vehicle if the driver creates real danger for life and health of the protected persons and refuses to stop at the request of the employee or the serviceman of the national security structures;
      9) for protection from attack of animals;
      10) to signaling the alarm or call for assistance;
      11) in cases of necessary defence and extreme necessity.
      2. Use of weapons towards protected persons, and also against women, persons with obvious signs of disability and minors shall be prohibited, except cases of presence of a real threat to life and health of citizens, employees or military personnel of the national security structures, as well as committing by them of an armed attack, rendering armed resistance, group attacks, hostage-taking, objects, transport vehicles, including aircraft.
      3. In all cases of use of weapons by staff and servicemen of the national security structures shall be obliged to take the necessary measures to ensure the safety of surrounding people and provision of emergency medical assistance to victims and to report to a supervisor on weapons use.
      4. On each case of use of weapons, special means and physical force resulting in death of people or other grave consequences, within twenty-four hours the Prosecutor shall be informed.
      5. The list of weapons, military equipment and military ammunition kits, consisting on arms of the national security structures shall be approved by the Government of the Republic of Kazakhstan.

Chapter 4. Personnel of national security structures and their legal status

Article 16. Membership of personnel of national security structures

      1. Membership of personnel of national security structures shall be the staff, soldiers and workers.
      2. On service in national security structures shall be enlisted on a voluntary basis citizens of the Republic of Kazakhstan that have reached the age of 18, but not older than the age limit for titles established by laws with the necessary personal, moral and professional qualities, level of education, state of health and physical development.
      3. The limit of staff set of the national security structures shall be approved by the President of the Republic of Kazakhstan on recommendation of the Chairman of the Committee of national security.
      Staff set of employees, military personnel and workers of national security structures, as well as subordinated to Committee of governmental institutions shall be determined by the Chairperson of the Committee of national security within the limit of staff set of national security agencies, approved by the President of the Republic of Kazakhstan.
      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 17. Staff and servicemen of national security structures

      1. Employees of national security structures shall serve in accordance with the Law of the Republic of Kazakhstan «On special governmental bodies of the Republic of Kazakhstan».
      Servicemen of national security structures shall undergo military service in accordance with the legislation of the Republic of Kazakhstan on passage of military service with account of particularities provided by Articles 7, 15-19, 22, 24, 29-37, by chapters 5, 6 and 9 of the Law of the Republic of Kazakhstan "On special governmental bodies of the Republic of Kazakhstan".
      2. Military counterintelligence authorities can be equipped with the soldiers, moved from the Armed Forces, other troops and military formations of the Republic of Kazakhstan.
      3. For taking decision of tasks on ensuring the security of the state employees and military servicemen of the national security structures can be assigned to the governmental bodies and organizations with the consent of their managers in accordance with the procedure leaving the service in a special governmental bodies and active military personnel.
      4. Employees shall be on a special account in national security structures.
      Officers personnel and military personnel, passing military service under the contract in the capacity of soldiers, sailors, sergeants and master sergeants of national security structures shall consists from a staff, on current reserve or the reserve of national security structures.
      5. Procedure of enrollment of employees and military personnel in active reserve of the national security structures and passing their service shall be determined by the Chairman of the Committee of national security.
      Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 16.01.2013 No. 71-V (shall be enforced upon expiry of ten calendar days after its first official publication); ); by the constitutional law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. Legal status of employees and military personnel of the national security structures

      1. Staff and servicemen of the national security structures shall be under state protection.
      2. Legal requirements of employees or military personnel of national security structures shall be obligatory for citizens, officials and organisations. Failure to comply with the legal requirements of employees or military personnel of national security structures, insult, resistance, threat of violence or attacks on their lives, health, honor and dignity, property, other actions preventing the execution of entrusted to them duties, as well as violence to life, health, honor, dignity and property to the members of their families, close relatives in connection with execution by employees or by servicemen of national security structures of service obligations and service duty shall entail established by the laws of the Republic of Kazakhstan responsibility.
      The damage caused to health and property of an employee or a serviceman of national security structures, as well as damage caused to health and property of family members and close relatives of an employee or a serviceman of national security structures in connection with the execution of his service duties shall be compensated in full amount from the state budget funds with subsequent collection of these sums from a person that caused damage. The procedure for compensation of damage shall be determined by the Government of the Republic of Kazakhstan.
      3. Information on the staff and servicemen of national security structures, performing (carrying out) tasks in special services and organizations of foreign states, criminal groups, shall constitute state secrets, and can be disclosed only in cases provided by the legislation of the Republic of Kazakhstan.
      4. Staff and servicemen of the national security structures shall not be members of parties, professional unions, to act in support of any political party.
      5. Staff and servicemen of national security structures for committing crimes and other violations of law shall bear responsibility in accordance with the laws of the Republic of Kazakhstan.
      Procedures for the involvement of servicemen of national security structures to the responsibility for violations of military discipline shall be determined by military statutes.
      Procedures for the involvement of employees of national security structures to the responsibility for disciplinary violations shall be established by the Law of the Republic of Kazakhstan "On special governmental bodies of the Republic of Kazakhstan".
      6. The state shall guarantee social protection of employees and military personnel of national security structures.
      Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Remuneration of labour, pension and other benefits of military personnel of national security structures

      Footnote. Article 19 is excluded by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Measures of social protection of employees and servicemen of national security structures

      1. Time of performance by staff and servicemen of national security structures of tasks in special services and organizations of foreign states, criminal groups shall be subjected to offset in seniority in preferential terms for the payment assignment of a military or special title, and the calculation of the salary in accordance with the procedure determined by the Government of the Republic of Kazakhstan.
      2. In established by national security Committee procedure the Chairman of the Committee for separate categories of employees and servicemen of national security structures can count the years of service experience of their employment prior to admission to the service in special governmental bodies and military service.
      3. Staff and servicemen of national security structures and members of their families shall have the medical and sanatorium maintenance in accordance with the procedure determined by the legislation of the Republic of Kazakhstan.
      4. In case of death of an employee or a serviceman of national security structures upon performance of official duties or professional duty the family of a deceased shall be entitled to receive not later than one year from the day of his death for dwellings from the state housing fund under the conditions and in a procedure provided by the housing legislation of the Republic of Kazakhstan.
      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Employees of national security structures

      1. Working conditions of employees of national security structures shall be regulated by the Labour code of the Republic of Kazakhstan and the legislation Republic of Kazakhstan on governmental service.
      2. Social protection of personnel of national security structures shall be provided in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 21 is in the wording of the Law of the Republic of Kazakhstan dated 15.05.2007 No. 253; as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Training of personnel for national security structures

      1. Training, retraining and improvement of professional skill of the staff for national security structures shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      2. In order to ensure professional training by the decision of the President of the Republic of Kazakhstan shall be created relevant educational institutions.
      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 21.03.2002 No. 309.

Chapter 5. Final and transitional provisions

Article 23. Ensuring of national security structures

      1. Financing, material-technical and social-household support for national security structures shall be carried out at the expense of budgetary funds.
      2. Subdivisions of national security structures, involved in providing security for railway, water and air transport, as well as the defence and strategic objects, the list of that is determined by the Government of the Republic of Kazakhstan, shall be provided with equipped, including communication facilities, office buildings at the expense of relevant bodies and organizations that also shall bear expenses on their maintenance and exploitation, as well as annual official tickets for passage. Military counterintelligence authorities, also shall be provided with vehicles, fuel and lubricants, ammunition and other necessary for the life of property, as well as housing and security of administrative buildings at the expense of budgetary funds allocated for these purposes by the Armed Forces, other troops and military formations of the Republic of Kazakhstan.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 22.12.1998 No. 327 (shall be enforced from 01.01.1999); dated 21.03.2002 No. 309; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Control over activity of national security structures

      1. Control over activities of organs of national security structures shall be carried out by the President of the Republic of Kazakhstan.
      2. Organization and implementation of institutional control shall be imposed on the Chairman of the Committee of national security of the Republic of Kazakhstan.

Article 25. Prosecutor's supervision over activity of national security structures

      The highest supervision over exact and uniform application of laws, decrees of the President of the Republic of Kazakhstan and other regulatory legal acts, the lawfulness of inquest, investigation, administrative proceedings and investigative activity of national security structures shall be carried out by the General Prosecutor of the Republic of Kazakhstan and its authorized prosecutors.
      Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 26.   (is excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Article 27. The order of the entry into force of this Law

      This Law shall enter into force from 1 January 1996.

Article 28. Measures for the implementation of this Law

      1. Declare invalid the Law of the Republic of Kazakhstan dated 20 June, 1992, "On national security structures of the Republic of Kazakhstan" (Gazette of the Supreme Council of the Republic of Kazakhstan, 1992, No. 11-12, article 286; No. 24, article 591; 1993, No. 8, article 179).
      2. Is excluded by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      3. Is excluded by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      The President
      of the Republic of Kazakhstan