On Defence and Armed Forces of the Republic of Kazakhstan

Updated Unofficial translation

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

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

Chapter 1. General provisions

Article 1. The basic concepts used in this law

      In this Law, the following basic concepts are used:

      1) civilian personnelcitizens of the Republic of Kazakhstan, public servants or in labour relations in the Armed Forces of the Republic of Kazakhstan;

      2) special forces-military engineering units and chemical security, intelligence, communications, electronic warfare, information security, designed to perform specific tasks to ensure combat activities The Armed Forces of the Republic of Kazakhstan, other troops and military formations;

      3) special formation-formation, created by public authorities and organizations irrespective of form of ownership in Defence system when you declare a mobilization for the protection and rehabilitation of industrial facilities, Agriculture, transport, transport infrastructure and communications, medical assistance, as well as localization and liquidation of emergency situations;

      4) operational equipment territory a complex of measures aimed at preparing and maintaining constant readiness to transport facilities, road networks, warehousing, communications, water, heat and electricity to operate for operational challenges for Defence purposes;

      5) the territorial troopsmilitary parts and the subdivisions (shaping) of the territorial defense, which are the component part of the Armed Forces of Republic of Kazakhstan, intended for the accomplishment of the corresponding objectives in the limits of the boundary of the administrative-territorial unit of Republic of Kazakhstan;

      6) the special development of the territorial troops – staffing military parts and subdivisions (shaping) of territorial defense via the call of reservists to the special military collections on the fulfillment of measures during introduction and guarantee of a regime of state of emergency, liquidation of the emergencies of natural and technogenic nature and their consequences and in other cases, determined by the President of republic Kazakhstan;

      7) territorial defense – totality of the measures, achieved by government of republic Kazakhstan for purposes of the protection of population, objects and communication of republic Kazakhstan from the actions of enemy, of acts of sabotage or acts of terrorism, and also of introduction and guarantee of regimes of extraordinary or martial law;

      8) the apparatus of military attache – attache on questions of defense (military attache), his deputies and assistants, who are soldiers, who represent the interests of the Armed Forces of republic Kazakhstan in the foreign state;

      9) the organs of the Arms Forces Administration – strategic, immediate strategic, operational-territorial, operational-tactical, tactical and local governments of the Arms Forces Administration;

      10) military part – republic public institution, which is the organizational-independent unit of the Armed Forces of republic Kazakhstan, other troops and military formings, to which is appropriated conditional and (or) real of designation;

      11) the automated control system of military designation – system, intended for the collection, working, storage, search, propagation, transfer and assignment to information with the application of a firmware complex for making of a decision, planning, setting and of bringing the tasks to the troops (forces), control of their performance for purposes of the command of troops (forces) in the peaceful and military time;

      12) military equipment-defensive objects, all kinds of armaments, military equipment, ammunition, special funds and other property, located on the right of operative management of public institutions of the Armed Forces of the Republic of Kazakhstan, of the other troops and military formations;

      13) military equipment-weapons, combat vehicles, appliances and other technical means, which are equipped with the Armed Forces of the Republic of Kazakhstan, other troops and military formations;

      14) branch is independent or a part of the type part of the Armed Forces of the Republic of Kazakhstan, which has a peculiar only to her main weapon and military equipment, as well as the modalities of their application;

      15) other troops and military formations-the border guard, the Military Counterintelligence and military police officers of the National Security Committee of Kazakhstan, Defence Service objects of State protection and guard service of the Republic of Kazakhstan, The National Guard of the Republic of Kazakhstan, the investigative bodies of the Ministry of Internal Affairs of the Republic of Kazakhstan, Government and civil Defence units of the authorized body in the sphere of civil protection, military the public prosecutor's Office;

      16) rules-the amount of materiel supply set to surrender in peacetime or wartime to military units, military units (ships) and compounds;

      17) combat readiness is a State that determines the degree of preparedness of the Armed Forces of the Republic of Kazakhstan, other troops and military formations to fulfill its tasks in a timely manner;

      18) fighting ability-status of troops (forces) of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, allowing them to lead martial (army, special) action in accordance with the mission and realize its combat capabilities;

      19) fighting task is the task assigned by the superior Commander (Chief) to achieve a certain goal in battle (operation) by the established deadline;

      20) high command (Supreme team)-Minister of Defence of the Republic of Kazakhstan, his deputies, the commanders-in-Chief of the Armed Forces of the Republic of Kazakhstan and other officials appointed by the President of the Republic of Kazakhstan;

      21) military intelligence of the Ministry of Defence of the Republic of Kazakhstan-Republic of Kazakhstan Armed Forces engaged in intelligence and investigative activities in accordance with the laws of the Republic of Kazakhstan;

      22) the Armed Forces of the Republic of Kazakhstan (hereinafter referred to as "Armed Forces) is the basis of the military organization of the State created by and the Republic of Kazakhstan to provide defense, repel aggression or prevent the immediate external the threat, as well as the implementation of the tasks arising from international obligations of the Republic of Kazakhstan;

      23) armament-a complex of various types of weapons, ammunition, their media, and to ensure their implementation;

      24) spare parts for the armament and military equipment-parts, together the structural integrity of the armament and military equipment and spare parts and supplies for the armament and military equipment;

      25) special operations of the Armed Forces is a special form of application of troops of the Armed Forces in peacetime and wartime;

      26) exclusion zone when the arsenals, bases and warehouses of the Armed Forces, other troops and military formations (hereinafter referred to as the forbidden zone)-the territory directly adjoining the arsenals, bases and warehouses of the Armed Forces, other troops and military formations, the eating area to ensure the fire safety of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations;

      27) forbidden area at arsenals, bases and warehouses of the Armed Forces, other troops and military formations (hereinafter referred to as "forbidden area)-the territory assigned to ensure the security of the anti-subversive arsenals, bases and ammunition depots of Armed Forces, other troops and military formations;

      28) inventory of weapons and military equipment of the Armed Forces, other troops and military formations-structured set of information produced periodically, based on the weaponry and military technology, the equipment, quality characteristic designation, manufacturer, date of manufacture, adoption and decommissioning;

      29) branch of the Armed Forces is part of the Armed Forces of a State, designed for warfare in a certain area (land, sea and airspace);

      30) defense-system of State political, military, economic, informational, environmental, socio-legal and other measures for ensuring military security, the armed protection of the sovereignty, territorial integrity and inviolability of the State border of the Republic of Kazakhstan;

      31) defense objects-movable property, set on the right of operative management of public institutions of the Armed Forces, other troops and military formations;

      32) Defence research-research in the field of Defence and military security, including strategic, applied, analytical and sociological studies aimed at addressing development military organization of the State, martial arts, modernization, development and introduction of new types of weapons and military equipment, construction and Armed Forces, territorial Defence;

      33) military-industrial complex is a complex of enterprises and organizations carrying out the development, production, storage, delivery, repair and restoration of military and special equipment, ammunition, ammunition and other military equipment for The Armed Forces, other troops and military formations, special Government and law enforcement agencies, as well as the export of military and special equipment, ammunition, ammunition and other military equipment;

      34) inventories-a certain amount of military equipment contained in the arsenals, bases and warehouses of the Armed Forces, other troops and military formations;

      35) logistics is a complex of activities undertaken to ensure the Armed Forces, other troops and military formations of arms, military equipment, ammunition and other property repair and restoration, meet the physical, medical, transport, domestic and other needs of the Armed Forces, other troops and military formations to maintain their combat readiness and military use;

      36) military organization of the State-set of the Armed Forces, other troops and military formations, public authorities, organizations and the military-industrial complex, joint activities aimed at addressing the challenges of military security and Defence of the Republic of Kazakhstan;

      37) disposal of property-aligning unused military property and unused State property and enforcement agencies in the State, precluding their use fighting properties or applying direct destination, as well as dismantling for later use their components;

      38) burial property — exclusion of unused military property and unused property and special State law enforcement agencies that are not subject to further use in specially designated locations to prevent harmful substances into the environment Wednesday;

      39) processing property-aligning unused military property and unused State property and enforcement agencies in the State, precluding their use for its intended purpose, with extraction of raw materials or other materials used in future production (manufacture) of products or other products, as well as changing the properties in order to facilitate treatment, reduce its volume or hazardous properties;

      40) destruction of property-the complete demise of unused military property and unused property of special State and law enforcement agencies;

      41) unused military property-property obsolete weapons, not usable for their intended purpose, deactivated, vysluzhivshee warranty periods stockpiled, izlishestvujushhee and not finding use in the Armed Forces, other troops and military formations;

      42) State of war-States relations since the war was declared between them (the actual outbreak of hostilities) until it ends (actual termination);

      43) military threat is really existing to allow existing contradictions of the military force, to unleash military conflict (war) against the Republic of Kazakhstan;

      44) military danger-factor of instability, which implies the possibility of use of force against the Republic of Kazakhstan military violence to achieve political or other goals;

      45) military action-complex strategic actions scale (including fighting) with all branches of the Armed Forces to carry out combat missions when repelling aggression;

      46) war-time period between the announcement of a State of war or the actual outbreak of hostilities until the announcement of the cessation of hostilities, but not before their actual termination;

      47) rear-military units engaged in logistics and logistics of the Armed Forces, other troops and military formations;

      48) fighting-organized actions of military units, formations and units while performing combat tasks running relevant organs of military administration.

      Footnote. Article 1 as amended by law No. 69 from 13.06.2017-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 2. The legislation of the Republic of Kazakhstan on defence and Armed Forces

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

      2. If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

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

      The basic principles of the state policy in the scope of ensuring of military security of the Republic of Kazakhstan shall be:

      1) respect for sovereignty, inviolability the state borders, territorial integrity of other states and non-interference in their internal affairs;

      2) strengthening the confidence-building measures and openness in the military field;

      3) peaceful settlement of international disputes;

      4) compliance with international obligations and contribution to achievement of purposes of agreements, the participant of which is the Republic of Kazakhstan;

      5) maintaining friendly relations with all countries on the basis of mutually beneficial cooperation and mutual understanding;

      6) participation in creation of global and regional security system, directed to prevention of military conflicts, maintenance and restoration of peace.

Article 4. The state regulation in the field of defence

      1. The state regulation in the field of defence shall include:

      1) forecasting and evaluation of military danger and military threat;

      2) development of basic directions of military police and provisions of the Military doctrine of the Republic of Kazakhstan;

      3) legal regulation;

      4) planning of the use of Armed forces, other troops and military formations, determination of their necessary number, construction, preparation and maintenance of required level of their combat and mobilization readiness;

      5) development of the management system of the Armed Forces, other troops and military formations, as well as planning of the use of radio-frequency spectrum;

      6) development and implementation of unified military-technical policy of the Armed Forces, other troops and military formations;

      7) a set of national measures, conducted in war time, including preliminary mobilization preparation of the state bodies, organizations irrespective of their form of ownership, transport, communications and population of country, as well as operational equipment of the territory for the purposes of defence;

      8) stock forming of the state material reserve;

      9) preparation of citizens to the military service, accumulation of trained reserve for wartime;

      10) planning and implementation of measures of civil and territorial defence;

      11) protection of information constituting state secrets and information security;

      12) development of science in the interests of defense;

      13) coordination of activity of the state bodies;

      14) control of activity of Armed Forces, other troops and military formations;

      15) international cooperation for the purposes of collective security and joint defence;

      16) other measures in the field of defence.

      2. The military obligation of citizens of the Republic of Kazakhstan, as well as other types of obligations, provided by the Laws of the Republic of Kazakhstan shall be established for the purposes of defence.

      3. The Armed Forces shall be created in performing of tasks in the field of defence and shall be involved other troops and military formations, as well as special formations created for the wartime.

      4. The Armed Forces, other troops and military formations shall perform the tasks in the field of defence in accordance with Military doctrine and plan of use of Armed Forces.

      5. The lands, forests, water and other natural resources shall be provided for the defence needs in accordance with the legislation of the Republic of Kazakhstan.

      6. Property set for public institutions of the Armed Forces, other troops and military formations, is the Republican property.

      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

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

      1. The President of the Republic of Kazakhstan shall be Supreme Commander of Armed Forces of the Republic of Kazakhstan.

      2. The President of the Republic of Kazakhstan shall:

      1) determine the basic directions of military policy of the Republic of Kazakhstan;

      2) approves the military doctrine of the Republic of Kazakhstan, the concept of the construction and development of the Armed Forces, other troops and military formations, as well as the concept of military security and Defence;

      2-1) approve the Rules of the use of Armed forces of the Republic of Kazakhstan and the Rules of operative equipment of the territory of the Republic of Kazakhstan;

      3) approves the plan for the use of the Armed Forces, other troops and military formations, the operational plan for the equipment of the territory of the Republic of Kazakhstan in the interests of Defence, a plan for the construction and development of the Armed Forces, other troops and military formations, Plan of Defense of the Republic of Kazakhstan, the Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, as well as the mobilization of the State plan;

      4) carry out general management of Armed Forces, other troops and military formations;

      5) approves the structure limits the size of the Armed Forces;

      6) adopt decisions on the use of Armed Forces in performing of tasks, provided by paragraph 2 of Article 18 of this Law, with immediate inform on that the Parliament of the Republic;

      7) confer the highest military ranks;

      8) assign to a position and release from office the highest command of Armed Forces;

      9) approve the text of military oath, basic military regulations, the rules of military service, military symbols, samples of military uniforms and insignia of Armed Forces, other troops and military formations;

      10) engage in negotiations and sign the international treaties of the Republic of Kazakhstan in the field of defence and military cooperation;

      11) adopt decision on call of citizens of the Republic for the compulsory military service and transfer to the reserve of military servicemen of compulsory military service, for the military service on mobilization, in wartime, as well as on call of obligated for military service for the special assessment;

      12) make suggestion for consideration of joint sitting of the Parliament on the use of Armed forces for execution of international obligations on maintenance of peace and security;

      13) impose the state of emergency or martial law over the whole territory of the Republic of Kazakhstan or in its separate localities, declare a partial or total mobilization and immediately inform on that the Parliament of the Republic in the cases, provided by the Constitution of the Republic of Kazakhstan;

      14) exercise other powers in accordance with the Constitution and the Laws of the Republic of Kazakhstan.

      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

      The Parliament of the Republic of Kazakhstan shall:

      1) adopt the Laws on issues of ensuring defence of the Republic of Kazakhstan, make amendments and additions to them;

      2) decide the issues on war and peace;

      3) adopt decision on the use of Armed Forces for execution of international obligations on maintenance of peace and security on the suggestion of the President of the Republic of Kazakhstan;

      4) establish military ranks;

      5) ratify and denounce the international treaties on issues of defence and military cooperation;

      6) hold Parliament hearings on issues of defence and Armed Forces.

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

      The Government of the Republic of Kazakhstan shall:

      1) develop the basic directions of military policy of the state, implement measures on ensuring of defense capacity of the republic;

      2) manage the activity of the Ministry of defence, other central and local executive bodies;

      3) determine the authorized body on implementation of the state policy in the field of formation, placement and execution of the state defence order;

      4) annually approve the state defence order on presentation of the authorized body on implementation of the state policy in the field of formation, placement and execution of the state defence order;

      5) adopt decisions on creation, reorganization and liquidation of the state institutions and enterprises of defence industry, as well as carrying out scientific and research, design and experimental activity;

      6) adopt decisions on creation, reorganization and liquidation of military educational institutions, military departments, military divisions of higher educational institutions;

      7) determine the system and conditions of payment for the labour of employees of the state institutions of the Armed Forces, other troops and military formations, that are not the state servants;

      8) organize equipment and provision of Armed Forces, other troops and military formations by ammunition, military equipment and material and technical resources;

      9) organize development and implementation of the mobilization plan of the state, as well as establish procedure of formation, accumulation and use of the state material reserve;

      10) carry out management of mobilization preparation of the state bodies, organizations irrespective of their form of ownership;

      11) approve the categories of material assets;

      12) approve procedure of development of supply rates of Armed Forces, other troops and military formations;

      13) ensure implementation of measures on operational equipment of the territory of the republic for the purposes of defence;

      14) approve the rules on military transport obligation;

      14-1) asserts, in agreement with the President of the Republic of Kazakhstan system of wages of soldiers and civil servants;

      15) defines the categories and the number of citizens subject to conscription;

      16) carry out general management by creation and preparation of military trained reserve, approve the state order for manning of the Armed Forces, other troops and military formations;

      17) carries out civil planning and territorial Defence of the State and the overall management;

      18) determine procedure of provision and use of lands, forests, water and other natural resource for the needs of defence in accordance with the legislation of the Republic of Kazakhstan;

      19) establishes the procedure for the transfer, sale, elimination of through destruction, recycling and disposal of unused military property, as well as providing property rentals (rent) defense facilities;

      20) takes decisions on the conduct of international negotiations on military, military-technical and military-economic cooperation and signing of intergovernmental agreements;

      21) determine procedure of reimbursement by the state of the cost of requisitioned property of individuals and legal entities, as well as provided for the needs of defence;

      22) establish procedure of accounting and discarding of military property;

      23) organize control of export of weapons and military equipment, strategic materials, frontier technologies and products of double purpose;

      24) approve the rules of carrying out of control of quality execution of the state defence order in the enterprises irrespective of their form of ownership;

      25) exercise other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      The Government of the Republic of Kazakhstan organizes sustainable functioning military organization of the State in any conditions of the military and political situation.

      In a time of war and the period of martial law, the Government of the Republic of Kazakhstan provides:

      1) version of the economy on the mode of operation in the context of war or martial law;

      2) training for the Armed Forces reserves and special State bodies, the mobilization of human and material resources;

      3) Armed Forces and special forces and means of government bodies to conduct armed struggle;

      4) organization of information security and confrontation.

      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the law of the Republic of Kazakhstan from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

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

      Central executive bodies within their competence shall:

      1) participate in the measures of territorial defence, mobilization preparation of branch, creation, development and preservation of objects of mobilization purpose, power on development, production, release and repair of products, necessary for the needs of defence and ensure accumulation of mobilization reserves;

      2) ensure performance of tasks of the state defence order;

      3) carry out measures on stable functioning of branch in wartime, develop the plans of its transfer to the work regime in the conditions of wartime;

      4) organize implementation of measures on operational equipment of the territory of country;

      5) organize and conduct the measures of civil defence and ensure their implementation by the subordinate organizations;

      6) participate in preparation of population of the republic to the defence, carry out control of observance of the legislation of the Republic of Kazakhstan on defence and Armed Forces;

      7) exercise other powers in accordance with this Law, other Laws of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

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

      Local executive bodies within their competence shall:

      1) participate in implementation of measures of operative equipment of the territory and ensure preparation of communications for the purposes of defence;

      2) provide accounting and mobilization readiness of transport and other technical means for the purposes of defence;

      3) participate in preparation of population and territory for the defence, provide the needs of Armed Forces, other troops and military formations in the material, energy and other resources and conditions on their orders in the manner established by the legislation of the Republic of Kazakhstan on defence and Armed Forces;

      4) organize and provide military accounting and preparation of citizens to the military service, their call for the military service, military trainings and call on mobilization;

      5) they organize and is performed work through the armoring of reservists;

      6) participate in planning and ensure implementation on civil and territorial defence;

      6-1) ensure the content of the territorial troops within the limits of number and structure, affirmed by the Defense Ministry of republic Kazakhstan (further – Defense Ministry), with exception of the guarantee of the first leader of military part, the formings of territorial defense;

      7) coordinate and conform its activity in the field of defence with the bodies of military administration;

      7-1) the Defense Councils of region and city in accordance with the legislation of republic form Kazakhstan;

      8) carry out other powers, imposed on local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.

      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 28.10.2015 No. 367-V (entered into force on the expiry of ten calendar days after the date of its first publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

      1. Citizens of the Republic of Kazakhstan shall have a right to:

      1) voluntary do military service on a contractual basis;

      2) participate in activity of organizations that promote the strengthening of defence.

      2. The citizens of the Republic of Kazakhstan shall be obliged to:

      1) preform the military obligation;

      2) participate in the measures on civil and territorial defence;

      3) provide the property in their ownership, necessary for the needs of defence in the period of mobilization and martial law, with subsequent equal reimbursement of its cost by the state in the manner established by the Government of the Republic of Kazakhstan.

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

      Organization irrespective of their form of ownership in accordance with the legislation of the Republic of Kazakhstan shall:

      1) participate in implementation of measures on civil and territorial defence;

      2) carry out measures, provided by mobilization plans of the state;

      3) perform the tasks of the state defence order on a priority order;

      4) provide the property in their ownership, necessary for the needs of defence in the period of mobilization and martial law, with subsequent equal reimbursement of its cost by the state in the manner established by the Government of the Republic of Kazakhstan;

      5) create the necessary conditions to their employees in performing by them the military obligations.

Chapter 4. Economical support of defense

Article 12. Purposes and tasks of economic support of defense

      1. Economic support of defense shall be concluded in allocation of financial, material and technical, and other resources to the Armed Forces, other troops and military formations, their equipment by weapons, military and special equipment in the amount, necessary for guaranteed support of defence of the Republic of Kazakhstan.

      2. Basic tasks of economic support of defence:

      1) satisfaction of needs of Armed Forces, other troops and military formations in financial, material and technical, other resources;

      2) improvement of scientific-technical and production base for implementation of production, repair and modernization of weapons and military equipment;

      3) creation of effective system of mobilization readiness of economy and mobilization preparation of population of country;

      4) level increase of social security, implementation of guarantees, established by the legislation of the Republic of Kazakhstan of military servicemen, members of their families and persons, dismissed from military service;

      5) implementation of mutually beneficial international military and military technical cooperation.

Article 13. Financing of defence

      1. Financing of defence shall be directed to the guaranteed satisfaction of the needs of Armed Forces, other troops and military formations in financial, material-technical and other resources.

      2. Financing of Armed Forces, other troops and military formations, as well as defense expenditures shall be carried out at the expense of budget and other funds, provided by Article 24 of this Law.

      3. Financing of military facilities of joint use with the foreign states, dislocated in the territory of the Republic of Kazakhstan, and measures on control of reduction of weapons and ensuring of inspection activity shall be carried out in accordance with international treaties, ratified by the Republic of Kazakhstan.

      4. Control of execution of budget funds in a part of defence expenditures shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

Article 14. Materiel and technical support

      1. Materiel and technical support of Armed Forces, other troops and military formations shall be carried out in the priority order in accordance with the state defence order and international agreements for development, production, supply and provision of products of production and technical purpose, including weapons and military equipment.

      2. Procedure of formation of the state defence order, its material-technical and finance support and purchasing conditions shall be determined by the legislative acts of the Republic of Kazakhstan.

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

      Armed Forces shall acquire the oil products from the unified operator on supply of oil products, determined by the Government of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Objects and property, being the state property, assigned to the organizations of branches of economy on the right of operational management, economic management and intended to meet the needs of defence and performance of mobilization tasks shall not subject to alienation, except for the unused military property.

      2. Defence objects, that are not used by the Armed Forces, other troops and military formations in peace time shall subject to conservation at the expense of budget funds and may be transferred to the property lease (rent) in the manner established by the legislation of the Republic of Kazakhstan, as well as organizations of other states on the basis of international treaties, ratified by the Republic of Kazakhstan.

      In order to ensure the fulfilment of physical and legal persons treaty obligations under the catering and laundry bath before Republican State institutions of the Armed Forces, other troops and military formations, their heads in the order determined by the head of the public body, is free of charge, a temporary transfer of buildings, premises, canteens, laundries industrial complexes and military assets in assessed rent (lease) within the term of the agreement on the Organization of food or bath-laundry service.

      3. Unused military property may be sold in the manner established by the Government of the Republic of Kazakhstan.

      3-1. Protection and maintenance of defence objects, in which the bodies of military counterintelligence are located shall be carried out by the Armed Forces, other troops and military formations, in the operational management of which there are the indicated objects, at the expense of budget funds, allocated them for these purposes.

      Note of RCLI!
      aragraph 4 shall be enforced from 01.08.2003.

      4. General staff of Armed Forces of the Republic of Kazakhstan in the manner established by the Government of the Republic of Kazakhstan shall:

      1) discard the military property, which in the period of maintenance of military actions came in the unusable state or was lost upon the threat to life of members of Armed Forces;

      2) maintain accounting of property, being in their operational management.

      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

      1. The land plots, provided for arrangement and permanent activity of Armed Forces, other troops and military formations shall be in their possession and use.

      2. Compulsory transfer of land plots for the needs of defence and its compensation to the owners and land-users shall be carried out in accordance with the Land Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On the state property”.

      3. The buildings, structures, objects and other property shall be transferred for the needs of defence of Armed Forces, other troops and military formations, as well as their return may be made in the manner established by the legislation of the Republic of Kazakhstan.

      4. Seizure of property for the needs of defence in the period of operation of martial law in war time shall be carried out in the case and manner established by the legislative acts of the Republic of Kazakhstan.

      5. Procedure of provision of property in possession and use, as well as procedure of temporary use of land for a fee (rent) to the military formations of other states shall be determined by the international treaties, ratified by the Republic of Kazakhstan.

      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).

Article 17. Scientific support defense and training

      1. Scientific support defense aims at a comprehensive study of the problems of the military organization of the State, the task of increasing the defense capability of the country scientific methods, perform experimental works, including double destination, as well as the development of the national military and scientific capacity.

      2. the subjects of scientific and (or) scientific and technical activities of the Republic of Kazakhstan in order to meet the needs of Defence carried out defensive research.

      3. Financing arrangements for Defence studies is determined by the Ministry of Defence.

      4. Training and retraining military, military-scientific personnel are carried out in military schools, educational institutions of the Republic of Kazakhstan, as well as in foreign educational institutions on the basis of international treaties.

      Footnote. Article 17 as amended by the law of the Republic of Kazakhstan from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Chapter 5. Armed Forces, other troops and
military formations

Article 18. Armed Forces and their purpose

      1. The Armed Forces shall be intended for repulse the act of aggression, armed defense of the territorial integrity and sovereignty of the Republic of Kazakhstan, protection and defence of the state and military objects, protection of air space, the fight against illegal armed formations, as well as in performing of tasks in accordance with international treaties, ratified by the Republic of Kazakhstan.

      2. The Armed Forces may be applied on the basis of decisions of the President of the Republic of Kazakhstan for liquidation of emergency situations of natural and technogenic character, as well as for conducting of antiterrorist operations, strengthening the protection of the State boundary and ensuring the regime of emergency situation, as well as when democratic institutions, independence and territorial integrity, political stability of the Republic of Kazakhstan, the safety of its citizens are under the serious and immediate threat and normal operation of constitutional bodies of the state was violated.

      3. Application of Armed Forces in performing of tasks, arising from the international obligations of the Republic of Kazakhstan shall be carried out on the conditions and procedure, specified in the international treaties, ratified by the Republic of Kazakhstan.

      4. The part of structure of Armed Forces can enter into the incorporated (collective) armies (force) or to be under the incorporated command according to the international agreements ratified by Republic of Kazakhstan.

      Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication); From 13.06.2017 69-VI (enter into force after ten calendar days after day of its first official publication).

Article 19. The general structure of the Armed Forces

      Armed Forces include bodies of military management, types of Armed Forces, arms of the service, special armies, armies of material support, territorial armies, military educational institutions, military-scientific institute and other organizations.

      The structure of special armies of Armed Forces includes military units and divisions of engineering, geoinformation and hydrometeorological maintenance, investigation, radiating, chemical and biological protection, communication, radio-electronic struggle, an information antagonism, a military police, intended for performance of special problems on maintenance of fighting activity of Armed Forces.

      At the announcement of mobilization the structure of the Armed Forces includes Boundary service of Committee of a national security, National guards and controls of a civil Defence of the authorized body in area of civil protection, as well as special formations. Transfer of other armies and military formations, special formations to structure of Armed Forces is carried out by way of, defined by Minister of Defence of Republic of Kazakhstan in coordination with the interested state body or the organization.

      Footnote. Article 19 as amended by the law of the Republic of Kazakhstan from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 20. Manning of Armed Forces

      1. Military personnel of Armed Forces shall include the military servicemen and persons of civilian staff.

      2. The Armed Forces shall be manned:

      1) military servicemen by call of citizens for the military service and by voluntary joint the military service in accordance with the legislative acts of the Republic of Kazakhstan;

      2) civilian personnel in accordance with the labour legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on the state service.

      3. The stock of military trained reserve shall be created for mobilization deployment of Armed Forces.

      Footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 15.05.2007 No. 253; dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Administration and management of Armed Forces

      1. Military-political administration of Armed Forces shall carry out the President of the Republic of Kazakhstan – Supreme Commander of Armed Forces of the Republic of Kazakhstan.

      2. the rate Of the General command of the Armed Forces of the Republic of Kazakhstan is the highest body of the military and political leadership of the Republic of Kazakhstan in wartime and the period of martial law, manages military the Organization of the State, overseeing and coordinating the activities of Central and local executive bodies of the Republic of Kazakhstan when performing tasks on defense.

      3. the rate Of the General command of the Armed Forces of the Republic of Kazakhstan manages the Armed Forces through the General Headquarters of the Armed Forces of the Republic of Kazakhstan, which is its working body.

      The General Headquarters of the Armed Forces of the Republic of Kazakhstan in peacetime is the Agency of the Ministry of Defence.

      4. Management of Armed Forces in peace time shall carry out the Minister of defence of the Republic of Kazakhstan through the General Staff of Armed Forces of the Republic of Kazakhstan.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 22. Functions of Minister of Defence

      1. Ministry of Defence is a central executive body implementing the State policy in the field of Defence, military-political and military-economic management of the Armed Forces, as well as the authorized body in the sphere of State Aviation.

      2. The Minister of Defence of the Republic of Kazakhstan shall:

      1) implement the state policy in the field of defence;

      2) develops doctrine, the concept of the construction and development of the Armed Forces, other troops and military formations, as well as the concept of military security and Defence;

      2-1) coordinates and submits for approval a plan for the construction and development of the Armed Forces, other troops and military formations, a plan of Defence of the Republic of Kazakhstan and the Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan;

      3) develops and maintains the structure of the Ministry of Defence, structure and personnel of the General staff of the Armed Forces of the Republic of Kazakhstan and national State agencies administered by the Ministry of Defence and its agencies, the States, the report States, maintains records of States and contributors to the States within the organs of military administration approved by the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan of the limits of the authorized strength of the Armed Forces, the Ministry of Defence and the Ministry of Defence of State institutions;

      4) conduct the unified military-technical policy in the state;

      5) organize activity of military intelligence organizations of the Minister of Defence of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan and out of bonds for the purposes of ensure the military component of national security of the state in accordance with the regulatory legal acts of the Republic of Kazakhstan;

      5-1) participates in the Organization of economy mobilization training, public authorities and organizations irrespective of their form of ownership;

      5-2) develops and maintains the rules of topogeodesiological Armed Forces;

      5-3) develops and maintains the rules of navigation support Armed Forces;

      6) determine operational purpose and tasks of branches of Armed Forces, arms of service and special troops, their application in interaction with other troops and military formations, as well as with armed forces of the foreign states in accordance with international treaties, ratified by the Republic of Kazakhstan;

      7) administers the Defence studies, research, development and other works in the field of military security and Defence organizes quality control;

      8) carry out inspection of troops and control of expenditures of financial means in the Armed Forces;

      9) develop and approve the regulatory legal acts, regulating reception, organization of educational process in the departmental military educational institutions, carry out control of activity and quality of educational work of departmental military educational institutions and other organizations of education, carrying out military training;

      10) coordinate training of preinduction and draft-age youth for military service;

      11) carry out international military and military technical cooperation;

      12) carry out control of observance of legality and legal order in the Armed Forces and ensure the social and legal guarantees to the military servicemen, members of their families and civilian personnel;

      13) within the limits of its competence, normative legal acts on the issues of military service, defense and Armed Forces and controls their execution;

      13-1) monitors the information space in the field of military security and countering threats sources within its competence;

      14) carry out control of the quality of execution of the state defence order, placed by the Armed Forces of the Republic of Kazakhstan in the enterprisers – performers irrespective of their form of ownership at all stages of production;

      15) control activity of central and local executive bodies on issues of territorial defence within its competence;

      16) provides an implementation of the unified State personnel policy in the Armed Forces;

      16-1) develops and maintains the concept of Armed Forces personnel policy, carries out the placement and assignment of military ranks, within the limits of their competence, introduced to the President of the Republic of Kazakhstan proposal for appointment to the posts and assigned military ranks in the list of posts;

      16-2) develops and maintains the rules of transportation organization in the Armed Forces and rules of registration and payment of military transport in the Armed Forces;

      17) disposes of unused military property in accordance with the order of transfer, sale, elimination of through destruction, recycling and disposal of unused military property, as well as providing property rentals (rent) Defense facilities;

      17-1) interacts with Central and local executive bodies for the enforcement of international treaties on arms control and monitors the implementation of these instruments by other States parties;

      17-2) within the limits of its competence, conclude international treaties of the Republic of Kazakhstan;

      18) approve the rules of include of weapons and military equipment in the inventory of Armed Forces, other troops and military formations of the Republic of Kazakhstan;

      18-1) approves the rules of decommissioning the Armed Forces, other troops and military formations of arms and military equipment;

      19) approve Cadaster of weapons and military equipment of Armed Forces, other troops and military formations;

      20) organize projects implementation in the field of creation of space equipment and technologies of military purposes;

      21) approve the ruled of military training in the higher educational institutions and military divisions upon organization of higher professional education;

      22) approve the provision rates of Armed Forces in coordination with the central authorized body on budget planning;

      23) approve the rules on procedure of maintaining of military accounting of obligated for military service and draftees;

      24) approve the rules of establishment prohibited zones upon arsenals, bases and depots of Armed forces, other troops and military formations and prohibited districts upon arsenals, bases and depots of Armed forces, other troops and military formations (hereinafter – The Rules of establishment of prohibited zones and prohibited districts);

      25) approve the rules and conditions of service of military personnel of apparatus of military attachés;

      26) approve position of local bodies of military administration;

      26-1) claims description personalized signs, badges and other military and heraldic symbols, characters of completion of military schools for classroom professionals, award medals (icons) for winners of military applications, service and application, technical and other sporting events, as well as the way in which they are issued and worn by members of the Armed Forces;

      26-2) carries out internal monitoring in the field of veterinary and sanitary-epidemiological well-being at facilities located on the territory of military bases and training centres of the Armed Forces;

      26-3) assigns conditional naming of military units of the Armed Forces and organizations, bodies of the Office of civil defense of the authorized body in the sphere of civil protection, national security authorities, the authorized body in the sphere of foreign intelligence, military units State protection and guard service of the Republic of Kazakhstan on the proposal of the head of the authorized State body;

      26-4) develops and approves the rules for assigning military units and organizations, real and contingent items and their use in conducting correspondence in the Armed Forces;

      26-5) develop and approve the provision on territorial troops, normative legal acts on the issues of territorial Defence, in collaboration with local executive powers supervises territorial forces, determines procedure and deadlines for the provision of Central and local executive bodies information on territorial defence;

      26-6) develops and maintains the rules of environmental security in the Armed Forces;

      26-7) develops and maintains the rules of issue of military personnel of the central apparatus of the Ministry of Defence work ID and its description;

      26-8) develops and approves the rules of the Organization financial and economic activities in the Armed Forces;

      26-9) develops and maintains normative legal acts on the issues of mobilization, operational and combat training, encrypted, encoded, classified communications, protection of State secrets, information security Armed Forces;

      26-10) develops and approves regulations on storing missiles and ammunition stocks, bases and warehouses of the Armed Forces;

      26-11) develops and maintains the rules of command-response units and military police authorities for information on the theft, loss or fraudulent weapons and ammunition abandoned soldiers of military unit location with arms;

      26-12) organizes a military-historical and cultural work in the Armed Forces;

      26-13) develops and maintains the rules of basic military training;

      26-14) develops and maintains the rules of military training on additional educational programs;

      26-15) develops and approves regulations on military-technical training and other professions;

      26-16) develops and maintains the rules of military training for program officers;

      26-17) develops and approves regulations deductions from military educational institutions of the Ministry of Defense;

      26-18) develops and maintains the rules of military training and internships list of specialties in agreement with the competent authority in the field of health;

      26-19) organizes and coordinates scientific defence, including defence research;

      26-20) develops and approves the rules of the Organization and use of educational and material base of military schools and military departments in consultation with the notified body in the field of education;

      26-21) develops and maintains the rules of selection of members of the Armed Forces for training foreign military schools;

      26-22) develops and maintains the rules of physical training in the Armed Forces;

      27) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V(shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

      Footnote. The title of Article 23 is in the wording of the Law of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. The General staff of Armed Forces of the Republic of Kazakhstan shall:

      1) exercises operational and strategic planning, implementation and management of combat and the day-to-day activities of the Armed Forces, determines their battle;

      2) develops a plan for the construction and development of the Armed Forces, other troops and military formations, a plan of defence of the Republic of Kazakhstan and the Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan, plans, preparation and mobilization deployment of troops;

      3) develop the plan of use of Armed forces with participation of the interested state bodies, participate in development of mobilization plan of Armed Forces;

      4) organize and conduct the measures on maintenance of combat and mobilization readiness of Armed Forces;

      5) organize and ensure protection and defence of air space of the Republic of Kazakhstan;

      6) organizes and communicates with other Armed Forces troops and military units in the area of defence;

      6-1) develops the operational plan for the equipment of the territory of the Republic of Kazakhstan in the interests of Defence, rules of the Armed Forces, as well as the rules of the operational equipment of the territory of the Republic of Kazakhstan;

      7) excluded by law No. 69 of 13.06.2017-VI (entered into force on the expiry of ten calendar days after the date of its first publication);

      8) coordinates the development of plans of territorial defence forces and resources involved in carrying out the tasks of territorial defence;

      9) organize and conduct the manning of Armed Forces by the military servicemen of compulsory military service, under the contract and reception of civilian personnel;

      10) participate in development of plan of operational use and interaction of Armed Forces, other troops and military formations with armed forces of foreign states in accordance with international treaties, ratified by the Republic of Kazakhstan;

      10-1) develop the Rules of establishment of prohibited zones and prohibited districts;

      11) carry out placement of personnel and assignment of military ranks, make suggestions for consideration to the Ministry of defence on appointment to the positions and assignment of military ranks according to nomenclature;

      12) organize current and advanced planning of provision the Armed Forces with necessary types of weapons, military equipment, ammunition and other material means, their operation, preservation, accounting, discarding and disposition, as well as plan accumulation and placement of stocks for these means for mobilization deployment of troops in peace time;

      12-1) organizes the introduction within the Armed Forces military purpose automated control systems;

      13) develop suggestions on directions of development of military science in the Armed Forces;

      14) organizes the work of psychological and ideological ensure troops in order to develop the personnel of high military and moral-ethical qualities;

      15) conduct the measures on ensuring of ecological security and environmental protection in connection with activity of troops;

      15-1) organises in the Armed Forces, encrypting encoded, classified communications, protection of State secrets, information security;

      16) exercise other functions in the field of planning of the use and management of Armed forces, their interaction with other troops and military formations in accordance with the legislation of the Republic of Kazakhstan.

      2. General Staff of Armed Forces of the Republic of Kazakhstan in war time shall be the working body of Supreme High Command General Headquarters.

      Footnote. Article 23 as amended by the Laws of the Republic of Kazakshtan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.04.2011 No. 429-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 23-1. Types Of Armed Forces

      Types of Armed Forces:

      1) carry out operational-strategic planning type of Armed Forces in the strategic planning of the use of Armed Forces;

      2) provide military, mobilization readiness and combat capability of the military command, troops (forces);

      3) organize the training of the military command, troops (forces);

      4) provide moral and psychological training of troops, respect for military discipline and order among the troops (forces);

      5) supervise the tasks in the troops (forces);

      6) perform other functions stipulated by the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 5 supplemented by section 23-1 in accordance with the law of the Republic of Kazakhstan from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 23-2. Apparatus of military attachés

      1. Office of the military attache is administered and strength of the Armed Forces.

      2. Members of the Armed Forces who are military attaché Office in a foreign State shall be equal to the relevant posts in the diplomatic service in matters of diplomatic privileges and immunity, remuneration and working conditions, social and medical welfare, stipulated by the Republic of Kazakhstan on the diplomatic service.

      3. Financing of the activities of the military attaché is carried out in the extent and pursuant to the procedure established by the legislation of the Republic of Kazakhstan on the diplomatic service on equal positions at the expense of the budget set aside for defence purposes.

      4. Equation of military posts of the apparatus of military attachés to staff of agencies of the Republic of Kazakhstan shall be carried out by joint decision of the Minister of Defence of the Republic of Kazakhstan and the Minister for Foreign Affairs of the Republic of Kazakhstan.

      Footnote. Chapter 5 supplemented by section 23-2 in accordance with the law of the Republic of Kazakhstan from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 24. The state institutions of Armed Forces

      1. The state institutions of Armed Forces shall:

      1) carry out its activity in accordance with the legislation of the Republic of Kazakhstan;

      2) has the right to receive and use the provided charitable aid, as well as the assistance provided in the framework of the military-technical cooperation.

      2. The State institutions of the Armed Forces, specializing in sports, may provide services that meet their statutory goals and not related to their core business and use the money from the sale of such services in order determined by the Minister of Defence of the Republic of Kazakhstan.The public institutions of the Armed Forces, specializing in the field of culture, as well as production, transmission, distribution and (or) the thermal energy supply, water supply and (or) water removal, may provide services that meet their statutory goals and not related to their core business. Income from the sale of such services shall be credited to the budget in accordance with the procedure determined by the Government of the Republic of Kazakhstan.

      3. The Minister of Defence of the Republic of Kazakhstan on the basis of the proposal of the head of a government institution of the Armed Forces, specializing in the fields of culture and sport, approves the tariffs for services provided to fee-for-service basis.

      4. The Ministry of Defence can create subordinate government agencies out of their location other separated structural divisions not subject to registration in the authorized body.

      Other separate structural units perform part of the authority established by the Minister of Defence of the Republic of Kazakhstan.

      Footnote. Article 24 as amended by the acts of the Republic of Kazakhstan from 16.11.2015 # 403-V (entered into force on the expiry of ten calendar days after the date of its first publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 25. Deployment of Armed forces

      1. Deployment of Armed forces shall be carried out in accordance with the plan of the use of Armed Forces, approving by the President of the Republic of Kazakhstan.

      2. Redeployment of forces, military units within the territories, transferred to the use of Armed Forces shall be carried out by decision of the Minister of Defence in accordance with the plan, approved by the President of the Republic of Kazakhstan.

      3. Redeployment of forces and military units of Armed forces outside the territory of the Republic of Kazakhstan shall be allowed on the basis of international treaties, ratified by the Republic of Kazakhstan.

Article 26. Other troops and military formations

      1. Creation, management and activity of other troops and military formations shall be carried out in accordance with the legislative acts of the Republic of Kazakhstan.

      2. Other troops and military formation for the purposes of defence shall:

      1) participate in development of the plan of use of Armed Forces;

      2) organize preparation to the joint actions with the Armed forces;

      3) participate in preparation of citizens to the military service;

      4) ensure implementation of measures on operational equipment of the territory to the defence;

      5) carry out instructions of the General staff of the Armed Forces of the Republic of Kazakhstan on issues of defense Organization in the order determined by a joint order of the first leaders of the authorized government bodies;

      6) are involved in the cases stipulated by the legislation of the Republic of Kazakhstan, together with the Armed Forces operational and mobilization training.

      3. Manning of other troops and military formations shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.

      4. Provision rates of other troops and military formations shall be approved by the chief executive officers of relevant state bodies in coordination with the central authorized body on budget planning.

      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 13.06.2017 No. 69-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

      1. Supreme supervision of legality in the Armed Forces, other troops and military formations of the Prosecutor General of the Republic of Kazakhstan and the military prosecutors subordinate to him.

      2. The courts shall carry out the legal protection of military servicemen, consideration of civil and criminal cases in the Armed Forces, other troops and military formations.

      3. Bodies of military police shall carry out ensurance of law and order in the Armed Forces, other troops and military formations, conduct of investigation within the competence in accordance with the Law of the Republic of Kazakhstan.

      Footnote. Article 27 with the change made by the Act of the Republic of Kazakhstan from 11.07.2017 No. 91-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

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

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

Article 28. State of War

      1. The state of war shall be announced by the Parliament of the Republic of Kazakhstan in the case of armed attack against the Republic of Kazakhstan of other state (group or coalition of states), as well as in the cases provided by international treaties, ratified by the Republic of Kazakhstan.

      2. Since the announcement of the state of war or actual outbreak of hostilities shall be occurred the war time, which expires from the date of announcement on termination of hostilities, but not earlier than their actual termination.

Article 29. Martial law and mobilization

      1. Regime of martial law, organization and procedure of mobilization preparation shall be determined by the relevant legislative acts of the Republic of Kazakhstan.

      2. In the period of martial law the Armed Forces, as well as National guard, Border guard of National Security Committee, management bodies and military units of civil defence of the authorized body in the scope of civil protection and special formation shall conduct the combat and other actions on repulse the act of aggression irrespective of announcement of the state of war.

      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 26.05.2008 No. 34-IV (the order of enforcement see Article); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Civil defence

      1. The civil defence shall be organized for the purposes of protection of population and territory of the Republic of Kazakhstan from the impact of damage (destroying) factors of modern means of destruction, emergency situations of natural and technogenic character.

      2. Tasks and organization of civil defence shall be determined by the Republic of Kazakhstan.

      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Territorial Defence

      1. Territorial Defence is organised by the Government of the Republic of Kazakhstan.

      2. Planning and implementation of territorial defence activities within its competence involved special State bodies of the Republic of Kazakhstan.

      3. During the period of mobilization, martial law, military time, overall management of territorial defence is exercised by the Rate Of the General command of the Armed Forces of the Republic of Kazakhstan through the General Headquarters of the Armed Forces of the Republic of Kazakhstan.

      4. common tasks and the Organization of territorial defense system shall be determined by the President of the Republic of Kazakhstan.

      5. To fulfil the tasks of territorial defense by the local executive bodies is ensured by the contents of the territorial troops.

      6. With a view to the introduction and State of emergency regime, as well as the Elimination of emergency situations of natural and man-made disasters and their effects is carried out special deployment of territorial troops.

      7. To ensure the territorial defence of State bodies and organizations irrespective of form of ownership are special formation.

      Footnote. Article 31 as amended by law No. 69 of 13.06.2017-VI (entered into force on the expiry of ten calendar days after the date of its first publication).

Article 31-1. Prohibited zone and prohibited district

      1. Prohibited zone shall be the part of prohibited district and shall be established for the purposes of ensuring of fire safety of arsenals, bases, depots of ammunition of Armed Forces, other troops and military formations.

      Residence of individuals, construction and conducting of any works, except for the works, carrying out for the purposes of ensuring of counter sabotage and fire safety shall not be allowed in the territory of prohibited zone.

      2. Prohibited district shall be established for the purposes of ensuring of counter sabotage safety of arsenals, bases and depots of ammunition of Armed Forces, other troops and military formations.

      Shooting from all kinds of fire weapons, use of pyrotechnic devices, as well as device of shooting ranges, stands and open ranges shall not be allowed in the territory of prohibited district.

      Footnote. Chapter 6 is supplemented by Article 31-1 in accordance with the Law of the Republic of Kazakhstan dated 18.04.2011 No. 429-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. Final provisions

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

      1. Cooperation of the Republic of Kazakhstan with other states on ensuring of joint defence from aggression, maintenance of peace and security in accordance with the Constitution of the Republic of Kazakhstan and international treaties, ratified by the Republic of Kazakhstan.

      Note of RCLI!
      aragraph 2 shall be enforced from 01.08.2003.

      2. The Armed Forces shall fulfil international obligations on maintenance of peace and security on the basis of decision of the Parliament of the Republic of Kazakhstan, accepted in accordance with the Constitution.

      Note of RCLI!
      aragraph 3 shall be enforced from 01.08.2003.

      3. The period of participation shall be determined to the military servicemen of Armed forces, taken direct part in fulfillment of international obligations on maintenance of peace and security outside of the Republic of Kazakhstan and participated in the combat actions in accordance with the legislation of the Republic of Kazakhstan.

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

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

Article 34. The order of enforcement of this Law

      1. This Law shall be enforced from the date of its official publication, except for the paragraph 4 of Article 15, paragraphs 2 and 3 of Article 32 which entered into force from 1 August, 2003.

      2. Shall be deemed to have lost force:

      1) the Law of the Republic of Kazakhstan dated 9 April, 1993 “On defence and Armed Forces of the Republic of Kazakhstan” (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1993, No. 8, Article 202; 1995, No. 8, Article 56; No. 20, Article 120; No. 22, Article 136; Bulletin of the Parliament of the Republic of Kazakhstan, 1999, No. 8, Article 233; 2002, No. 3, Article 22);

      2) Regulation of the Supreme Council of the Republic of Kazakhstan dated 9 April, 1993 “On enforcement of the Law of the Republic of Kazakhstan “On defence and Armed Forces of the Republic of Kazakhstan “Bulletin of Supreme Council of the Republic of Kazakhstan, 1993 No.8, Article 203).

The President
of the Republic of Kazakhstan



If you found any error on the page, please highlight a word or a phrase and then press «Ctrl+Enter» key combination

 

On-page search

Enter text to search

Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.