Unofficial translation
Pursuant to subparagraph 8) of Article 8 of the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan”, the Government of the Republic of Kazakhstan RESOLVES:
Footnote. Preamble - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 14.05.2024 № 373 (effective ten calendar days after the date of its first official publication).1. To approve the attached Rules for preparations for peacekeeping operations (hereinafter referred to as the Rules).
2. The central state bodies and state bodies directly subordinated and accountable to the President of the Republic of Kazakhstan (as agreed), shall ensure the selection of the national contingent from among the citizens who voluntarily expressed their desire to participate in the peacekeeping operation, and second them to the Ministry of Defense of the Republic of Kazakhstan for peacekeeping training.
3. This decree shall come into force upon expiry of ten calendar days from the date of its first official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | К. Massimov |
| Approved by decree of the Government of the Republic of Kazakhstan dated June 10, 2016 № 345 |
Rules for preparations for peacekeeping operations
1. General provisions
1. These Rules of preparation for a peacekeeping operation (hereinafter - the Rules) have been developed pursuant to subparagraph 8) of Article 8 of the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan” and establish the procedure for preparation for a peacekeeping operation.
Footnote. Paragraph 1 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 14.05.2024 № 373 (effective ten calendar days after the date of its first official publication).2. Planning of preparations for peacekeeping operations
2. Planning of preparations for peacekeeping operations (hereinafter referred to as the peacekeeping training) shall start from submission to the President of the Republic of Kazakhstan and to the Government of the Republic of Kazakhstan by the authorized body in the sphere of foreign policy, proposals on the foreign policy expediency of the participation of the national contingent in the peacekeeping operation.
3. The state body, planning the assignment of the national contingent, jointly with the competent state bodies shall conduct, if possible, reconnaissance of the region (zone) of participation in a peacekeeping operation and shall submit to the Government of the Republic of Kazakhstan the following information:
1) infrastructure of the region, district (zone) of participation in a peacekeeping operation and proposals on material, technical and other types of support for the national contingent;
2) main tasks, type and composition of weapons, property, number and composition of the national contingent, subordination, period of stay, replacement procedure, conditions for withdrawal, transportation to and from the place of the peacekeeping operation, as well as other information depending on the specific peacekeeping operation;
3) proposal for the allocation of additional funds for the participation of the national contingent in the peacekeeping operation, indicating the sources of its financing.
4. The authorized body in the sphere of foreign policy shall conduct negotiations, interact with international organizations and state-partners on the issues of peacekeeping activities.
3. Training of the national contingent
5. The training of personnel of the national contingent in the basics of preparing and conducting peacekeeping operations, the fundamentals of international law, the provisions of the regulatory legal framework for peacekeeping, the tasks of the national contingent and how to implement them shall be carried out on the basis of the Ministry of Defense of the Republic of Kazakhstan according to a plan approved by the Minister of Defense of the Republic of Kazakhstan.
6. During peacekeeping training with the civil personnel, classes shall be held on the legal basis of peacekeeping activities, theoretical provisions on the main subjects of training, field classes shall be held, on which issues related to the implementation of peacekeeping tasks as part of the national contingent shall be practically worked out. Payment of labor, payment of travel expenses in the course of participation in the training shall be carried out by the state body, in the staff of which the student is a member.
7. Military training, special preparation for peacekeeping operations, training before departure for a peacekeeping mission, staff training, as well as peacekeeping maneuver shall be carried out in the course of peacekeeping preparation with military personnel.
8. For the purposes of provision of peacekeeping preparation and gaining knowledge and practical skills by the national contingent required for performance of tasks, stipulated by the mandate for performance of peacekeeping operation, exercises, courses, seminars, trainings and other events may be held with the involvement of civilian specialists and units of the armed forces of foreign states.
9. Peacekeeping training shall be conducted in the territory and beyond the Republic of Kazakhstan within the framework of cooperation with international organizations and (or) states-partners.
At peacekeeping training, at the invitation of the state body conducting the exercises, civilian personnel may be involved as specialists in their industry.
10. The Ministry of Defense of the Republic of Kazakhstan shall determine the military unit (institution), on the basis of which peacekeeping training of military and / or civilian personnel will be carried out.
11. The composition, structure and the number of military and/or civil personnel shall be determined on the basis of the mandate for performance of peacekeeping operation, adopted by the international organization in accordance with the Charter of the United Nations (hereinafter referred to as the UN).
12. The general requirements for participating in a peacekeeping operation shall be: knowledge of the language, the medical commission certificate on the suitability of service in adverse climatic conditions, taking into account individual psychological characteristics, the professional level and qualifications for completing the tasks in a peacekeeping operation according to the UN request.
13. The Ministry of Defense of the Republic of Kazakhstan before sending the national contingent to the peacekeeping operation within ten days after undergoing peacekeeping training, shall inform the Government of the Republic of Kazakhstan about the readiness of the national contingent for the peacekeeping operation.
4. Establishment of the Operation Headquarters
14. When engaging the military and civil personnel from different state bodies (organizations) to the composition of the national contingent, the Government of the Republic of Kazakhstan shall make decision on establishment of the Operation Headquarters.
15. The Operation Headquarters shall be established for the period of participation of the national contingent in the peacekeeping operation to resolve problems on provision of functioning of the national contingent beyond the Republic of Kazakhstan and timely resolution of emerging problems. The composition of the Operation Headquarters shall include the representatives of concerned central state bodies. The first head of the state body, sending the military personnel shall be appointed as the head of the Operation Headquarters.
5. Other issues of peacekeeping preparation
16. Logistics and technical support for the national contingent shall be implemented within the framework of Article 14 of the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan”.
Footnote. Paragraph 16 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 14.05.2024 № 373 (effective ten calendar days after the date of its first official publication).17. The state body (organization), the national contingent of which is planned to be sent to participate in the peacekeeping operation, shall apply:
1) to the authorized body in the field of healthcare, which in the framework of the guaranteed volume of free medical care organizes and ensures the preventive vaccination of the national contingent before their departure and within the period of participation in the peacekeeping operation as well as rehabilitation activities upon returning from a peacekeeping operation;
2) to the authorized body in the field of communications, which assists in providing the national contingent with available communication means;
3) to the authorized body in the field of transport, which assists in ensuring transportation of the national contingent and cargoes to and from the peacekeeping operation zone (area).
Footnote. Paragraph 17 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 14.05.2024 № 373 (effective ten calendar days after the date of its first official publication).| Annex to the Rules of preparation for peacekeeping operations |
Footnote. Appendix as amended by the Resolution of the Government of the Republic of Kazakhstan dated 14.05.2024 № 373 (effective ten calendar days after the date of its first official publication).
Form
Model contract on participation in a peacekeeping operation
_____________________________________________________________________________
_____________________________________________________________________________
(name of the authorized state body, its location)
_____________________________________________________________________________
represented by
_________________________________________________________________________
(surname, name, patronymic (if any) and position of an official
_________________________________________________________________________
of the authorized state body (organization)
and the citizen
_________________________________________________________________________
(surname, name, patronymic of the person, participating in the peacekeeping operation (further – the citizen)
__________________________________________________________________________
(name, number and date of issue of the identity document)
_________________________________________________________________________
(individual identification number)
have entered into this contract on participation in the peacekeeping operation for a period of
_________________________________________________________________on
the terms established by law and this contract.
1. The citizen participating in a peacekeeping operation on a voluntary basis appointed to the position of___________, is familiar with the conditions, stipulated by the Labor Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan”, and is warned about harmful and dangerous conditions of the peacekeeping operation, and also about the restrictions of rights associated with the performance of duties.
2. The Citizen, participating in the peacekeeping operation, shall:
1) comply with the Constitution and other regulatory legal acts of the Republic of Kazakhstan;
2) accept the restrictions established by the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan”;
3) fulfill in good faith the duties in the course of participation in the peacekeeping operation during the period of the contract;
4) comply with discipline and rules of service ethics;
5) exclude damage to state property during the performance of official duties;
6) not disclose information constituting state secrets, including after the termination of participation in the peacekeeping operation, within the time established by the legislation of the Republic of Kazakhstan;
7) comply with orders and instructions of commanders (chiefs) and other officials issued by them within their authority.
3. A citizen participating in a peacekeeping operation shall be entitled:
1) to enjoy the rights and freedoms guaranteed by the Constitution and legislation of the Republic of Kazakhstan;
2) to be provided at the expense of the state with monetary, clothing and other types of allowances according to the norms and in the manner prescribed by the legislation of the Republic of Kazakhstan;
3) to conclude, extend and terminate the contract with the authorized state body on the terms and conditions stipulated by the labor legislation of the Republic of Kazakhstan;
4) to be compensated for damage caused to life and health or personal property in the performance of duties in the course of peacekeeping activities, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
5) to maintain his rights and the rights of his family members related to peacekeeping activities, including benefits, guarantees and compensations established by the legislation of the Republic of Kazakhstan.
4.________________________________________________________________________
(name of the authorized state body (organization)
accepting the citizen
_________________________________________________________________________
(surname, name, patronymic (if any)
for participation in the peacekeeping operation , undertakes:
1) to timely and fully pay wages and other payments to the citizen provided for by the regulatory legal acts of the Republic of Kazakhstan, labor and collective agreements, and acts of the employer;
2) at the conclusion of this contract to familiarize the citizen with the duties and conditions of peacekeeping activities defined by the legislation of the Republic of Kazakhstan;
3) to provide compensation to the citizen for damage caused to life and health or personal property in the performance of duties in the course of peacekeeping activities, in the manner and on the terms stipulated by the legislation of the Republic of Kazakhstan;
4) to warn a person participating in a peacekeeping operation about harmful and dangerous conditions of peacekeeping activities and the possibility of occupational disease, as well as restrictions on the rights associated with the performance of duties during the peacekeeping activities;
5) issue an order on sending a citizen on a peacekeeping operation.
5. An official of the authorized state body shall have the right:
1) to conclude, extend and terminate the contract with a citizen under the conditions established by the Law of the Republic of Kazakhstan “On Peacekeeping Activities of the Republic of Kazakhstan”;
2) at the conclusion of the contract to require the person participating in the peacekeeping operation to submit the documents stipulated by the Labor Code of the Republic of Kazakhstan;
3) to reward and impose disciplinary penalties in accordance with the procedure established by the Labor Code of the Republic of Kazakhstan.
6. This contract shall come into force from the date of issuance of the order on sending the citizen to a peacekeeping operation and shall terminate upon expiration of the term for which it was concluded or in connection with its dissolution.
7. The terms of the contract shall be binding on the parties, and disputes between the parties shall be resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
8. The contract has been made in _____ copies, in the state and Russian languages, one copy of which is given to the person participating in the peacekeeping operation.
9. Additional terms _________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________ _______________________________
(surname, name, patronymic (if any) of the person, participating in the peacekeeping operation) | (surname, name, patronymic (if any) of the authorized official, state body (organization) |
______________________________ _______________________________
(personal signature) (personal signature)
Seal
“___” ___________20__ “___” ___________20__.
Termination of the contract ________________________________
(date and grounds for termination)
_________________________________________________________________________
_________________________________________________________________________
Seal. ____________________________________________________________________
Head of the state body (organization).