Unofficial translation
This Law regulates legal relations in the field of national security of the Republic of Kazakhstan and determines content and principles of ensuring man and citizen security, society and the State, system, aims and directions for national security of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) information infrastructure - a set of technical means and systems for the formation, creation, transformation, processing, transfer, use and storage of information;
2) information space - a field of activity related to the formation, creation, transformation, processing, transfer, use, and storage of information, having an impact, including on individual and public consciousness, information infrastructure and information itself;
3) national security of the Republic of Kazakhstan (hereinafter - national security) - the state of protection of the national interests of the Republic of Kazakhstan from real and potential threats, ensuring dynamic development of man and citizen, society and the State;
4) National security of the Republic of Kazakhstan (hereinafter - national security) - the activity of subjects of national security aimed at protecting national interests from real and potential threats;
5) National security system of the Republic of Kazakhstan - a set of legal, organizational, economic, technical and other measures implemented by national security subjects within the State policy in the field of national security;
6) national interests of the Republic of Kazakhstan - a set of legally recognized political, economic, social and other needs of the Republic of Kazakhstan, on realization of which depends the ability of the State to ensure protection of man and citizen rights, the values of Kazakhstan society and foundations of the constitutional order;
7) threats to national security - a set of external and internal factors (processes and phenomena) that impede or may impede the realization of national interests of the Republic of Kazakhstan;
8) objects of national security - man, his life, rights and freedoms; society, its material and spiritual values; the State, its constitutional system;
9) national security strategy - strategic document for the development of the Republic of Kazakhstan, identifying the main problems and threats, strategic goals and target indicators, objectives and performance indicators in the field of national security;
10) national security subjects - State exercising its powers through the legislative, executive and judicial branches of government, as well as citizens and organizations of the Republic of Kazakhstan involved in the realization of State policy in the field of national security.
Article 2. Legal foundations for national security
1. The legislation of the Republic of Kazakhstan in the field of national security shall be based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes other norms than those contained in this Law, then the rules of the international treaty shall be apply.
3. It shall not be allowed to conclude international agreements:
1) capable of damaging national security or leading to the loss of independence of the Republic of Kazakhstan;
2) restricting the scope of the sovereign rights of the Republic of Kazakhstan.
Article 3. Principles of national security
The principles of national security shall be:
1) observance of legality in the implementation of national security activities;
2) priority of the rights and freedoms of man and citizen;
3) prompt mutual information and coordination of actions forces for national security;
4) unity, interrelation and balance of all types of national security, prompt change of their priority depending on the development of situation;
5) priority of preventive measures in national security;
6) timeliness and adequacy of measures for national security to the scale and nature of the inflicted and (or) potential damage to national security;
7) respect for balance of interests of man and citizen, society and the State, their mutual responsibility;
8) controllability of the implementation of totality actions for protection of national security;
9) integration of national security system with international security systems;
10) clear delineation of the powers of State Agencies.
Article 4. Types of national security
The types of national security shall be:
1) public security - the state of protection of life, health and well-being of citizens, moral and spiritual values of Kazakhstan society and social security system from real and potential threats, which ensures the integrity of the society and its stability;
2) military security - the state of protection of vital interests of man and citizen, society and the State from external and internal threats associated with the use of military force or intention to use it;
3) political security - the state of protection of foundations of the constitutional system, activity of the State agenciessystem and State administration order from real and potential threats, which ensures observance of the rights and freedomsof citizens, social groups and balance of their interests, stability, integrity and favorable international position of the State;
4) economic security - the state of protection of the national economy of the Republic of Kazakhstan from real and potential threats, which ensures its sustainable development and economic independence;
5) information security - the state of protection of the information space of the Republic of Kazakhstan, as well as the rights and interests of man and citizen, society and the State in the information sphere from real and potential threats, which ensures sustainable development and information independence of the country;
6) environmental security - the state of protection of vital interests and rights of man and citizen, society and the State from threats arising from anthropogenic and natural impacts on the environment.
Article 5. The main national interests of the Republic of Kazakhstan
1. The main national interests of the Republic of Kazakhstan shall be:
1) ensuring the rights and freedoms of man and citizen;
2) accurate and uniform implementation of laws and the maintenance of law and order;
3) public consensus and political stability in the country;
4) Kazakhstan patriotism and unity of the people of Kazakhstan;
5) preservation and enhancement of material and moral and spiritual values of Kazakhstan society;
6) achievement and maintenance of level and quality of health care and social security system, adequate to the needs of improving welfare of citizens and society;
7) achievement and maintenance of level and quality of education and scientific potential of the country, adequate to the needs of the socio-economic, innovative and intellectual development of society and citizens;
8) inviolability of the constitutional system of the Republic of Kazakhstan, including independence, unitarity and presidential form of government, integrity, inviolability of the state border and inalienability of the territory of the country;
9) sustainable functioning of state institutions, increasing the efficiency of their activities;
10) economic development for the benefit of the entire people of Kazakhstan;
11) sustainable functioning of subjects of agro-industrial, fuel and energy complexes, transport and industrial sectors, financial system, which fully ensure economic security;
12) ensuring the combat and mobilization readiness of the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
13) provision of equipment with armament and military equipment and development of domestic subjects of military-industrial complex, which fully ensures military security of the Republic of Kazakhstan;
14) maintenance and development of a competitive and secure national information space;
15) preservation and improvement of the environment, rational use of natural resources;
16) state of international cooperation, which corresponds to the development priorities of the Republic of Kazakhstan;
17) promotion of political initiatives aimed at strengthening the positive image and authority of the Republic of Kazakhstan at the international level;
18) protection of the population and territory of Kazakhstan from threats arising during emergency situations and military conflicts or as a result of these conflicts, in peacetime and in wartime.
2. The national interests of the Republic of Kazakhstan may be supplemented by legislative acts of the Republic of Kazakhstan and detailed by documents of the State Planning System of the Republic of Kazakhstan.
Footnote. Article 5 as amended by the Law of the RK No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication).Article 6. The main threats to national security
1. The main threats to national security shall be:
1) reducing the level of order, including the increase in crime, including its organized forms, the merging of the State Agencies with criminal structures, terrorist or extremist organizations, the patronage of officials of illicit capital trafficking, corruption, illicit trafficking in weapons and drugs, facilitating to reduce the degree of protection of national interests;
2) deterioration of demographic situation and health of the population, including birth rate slump, death rate increase;
3) uncontrolled migration processes;
4) reducing the level and quality of healthcare, education and intellectual potential of the country;
5) loss of cultural and spiritual heritage of the people of the Republic of Kazakhstan;
6) exacerbation of the social and political situation, expressed in interethnic and interfaith conflicts, riots;
7) activity aimed at a violent change of the constitutional system, including actions that infringe on the unitarity of the Republic of Kazakhstan, integrity, inviolability, inalienability of its territory, security of protected persons;
8) terrorism, extremism and separatism in all their forms and manifestations;
9) intelligence and subversive activity of Special Services of foreign states, other foreign organizations and individuals, aimed at damaging national security;
10) disorganization of the State Agencies activity, violation of their uninterrupted functioning, reduction of the degree of controllability in the country;
11) damage to the economic security of the State, including the use of strategic resources contrary to the interests of the country, hindering innovative development and growth of investment activity, uncontrolled export of capital and goods outside the country, growth of the shadow economy;
12) reducing the stability of the financial system;
13) decrease in production, deterioration in quality, competitively, export, transit potential and availability of products and goods, reduction of deliveries from other states of products and goods not produced in the Republic of Kazakhstan;
14) decrease in the level of the country's defence capability, threat to the inviolability of the State Border of the Republic of Kazakhstan and the use of force against the Republic of Kazakhstan, aggression against it;
15) creation of paramilitary units not provided by the legislation of the Republic of Kazakhstan;
16) reducing the level of protection of information space of the country, as well as national information resources from unauthorized access;
17) informational impact on public and individual consciousness, associated with the deliberate distortion and dissemination of false information to the detriment of national security;
18) sharp deterioration of environmental situation, including quality of drinking water, natural disasters and other natural and man-made emergencies, epidemics and epizootics;
19) damage to national interests at the international level, political image and economic rating of Kazakhstan;
20) use of money and (or) other property received from foreign states, international and foreign organizations, foreigners, stateless persons, to organize and conduct meetings, rallies, processions, pickets and demonstrations, as well as calls for participation in them if their goal shall be to incite racial, national, social, religious intolerance, class exclusiveness, the violent overthrow of the constitutional system, encroachment on the territorial integrity of the Republic, as well as violation of other provisions of the Constitution, Laws and other normative legal acts of the Republic of Kazakhstan or their conduct threatens public order and security of citizens;
21) a high level of biohazard and the occurrence of biohazards.
2. Threats to national security can be supplemented and detailed by the legislation of the Republic of Kazakhstan, documents of the State Planning System of the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Laws of the RK No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 12-VІ dated 26.07.2016 (shall be enforced upon expiry of two months after its first official publication); No. 36-VІ dated 28.12.2016 (shall be enforced upon expiry of two months after its first official publication); dated 16.11.2020 No. 375-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 123-VII of 21.05.2022 (shall be brought into force six months after the date of its first official publication).Chapter 2. NATIONAL SECURITY SYSTEM AND ITS MAIN FUNCTIONS
Article 7. National security system
1. The national security system shall be formed by interconnected forces to ensure it, other State Agencies and organizations that carry out measures of political, legal, organizational, economic, military or other nature, aimed at ensuring the safety of an individual and citizen, society and the State.
2. Citizens of the Republic of Kazakhstan shall participate in the implementation of the State policy in the field for ensuring national security through the exercise of their rights and obligations provided by the Constitution and the Laws of the Republic of Kazakhstan.
Article 8. Main functions of national security system
The main functions of national security system shall be:
1) determining national interests of the Republic of Kazakhstan;
2) definition of aims, objectives and principal directions for national security;
3) identification, analysis, assessment and forecasting of threats to national security;
4) development and implementation of a complex of operational and long-term measures to prevent and neutralize threats to national security;
5) promotion of political initiatives aimed at strengthening international security;
6) keeping in constant readiness the national security forces;
7) participation in international and regional security in accordance with international treaties ratified by the Republic of Kazakhstan.
Article 9. National Security Forces
1. The National Security Forces include:
1) Special State Agencies engaged in intelligence and counter-intelligence activities, as well as a complex of legal and organizational measures aimed at security of protected persons and objects;
2) Armed Forces, other troops and military formations of the Republic of Kazakhstan;
3) Internal Affairs Agencies, Anti-corruption Service, the State Fire Service, the Economic Investigation Service and Rescue Services;
2. National security shall be mandatory for all State Agencies and state officials in accordance with the powers established by law.
3. The National Security Forces and other State Agencies cooperate with each other, implement joint measures to protect the national interests of the Republic of Kazakhstan, and mutually inform each other on matters within their competence.
The procedure for cooperation of National Security Forces and other State Agencies shall be determined by this Law, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, and joint regulatory legal acts of the relevant State Agencies.
Footnote. Article 9 as amended by the Laws of the RK No. 159-V dated 13.01.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 248-V dated 07.11.2014 (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 3. POWERS OF THE PRESIDENT, SECURITY COUNCIL,
PARLIAMENT, GOVERNMENT, COURTS, STATE AGENCIES
OF THE REPUBLIC OF KAZAKHSTAN
IN THE FIELD OF NATIONAL SECURITY
Article 10. Powers of the President of the Republic of Kazakhstan
President of the Republic of Kazakhstan shall:
1) determine the principal directions of state policy in the field of national security;
2) ensure the coordinated functioning of all branches of state power in the field of protecting the national interests of the country;
3) issue acts on national security matters;
4) form the Security Council of the Republic of Kazakhstan;
5) approve the National Security Strategy of the Republic of Kazakhstan;
6) exercise other powers on national security matters in accordance with the Constitution and Laws of the Republic of Kazakhstan.
Footnote. Article 10 as amended by the Laws of the RK No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 179-VІ dated 05.07.2018 (shall be enforced after its first official publication).Article 11. Powers of the Security Council of the Republic of Kazakhstan
1. Is excluded by the Law of RK No. 179-VI dated 05.07.2018 (shall be enforced after its first official publication).
2. The organization of the activity and powers of the Security Council of the Republic of Kazakhstan shall be determined by the Law.
Footnote. Article 11 as amended by the Laws of the RK No. 179-VI dated 05.07.2018 (shall be enforced after its first official publication).Article 12. Powers of the Parliament of the Republic of Kazakhstan
The Parliament of the Republic of Kazakhstan exercises its powers in the field of national security in accordance with the Constitution of the Republic of Kazakhstan.
Article 13. Powers of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) submit draft Laws to the Mazhilis of the Parliament of the Republic of Kazakhstan and ensure the implementation of the Laws in the field of national security;
2) develop principal directions of national security and organize their implementation, including development and implementation of the National Security Strategy;
3) manage the activity of ministries, other central and local executive agencies for national security;
4) form the lists of:
strategic objects transferred to the authorized capital and (or) owned by national holdings and (or) national companies or their affiliates, as well as other legal entities with state participation;
strategic objects owned by legal entities not affiliated with the State, as well as individuals;
5) Is excluded by the Law of RK No. 435-V dated 04.12.2015(shall be enforced from 01.01.2016);6) decide on issuance of a permit or refusal to issue a permit to enter into a civil legal transaction that may pose a threat to national security with a strategic object owned by individuals and legal entities, based on the industry opinion of the authorized agency of the relevant industry;
7) exercise other powers on national security matters in accordance with the Constitution, Laws and Acts of the President of the Republic of Kazakhstan.
Footnote. Article 13 as amended by the Laws of the RK No. 435-V dated 04.12.2015(shall be enforced from 01.01.2016).Article 14. Powers of the Courts of the Republic of Kazakhstan
The Courts shall:
1) ensure protection of rights, liberties and legal interests of citizens and organizations, implementation of the Constitution, this Law and other regulatory legal acts, as well as international treaties of the Republic of Kazakhstan;
2) administer justice in cases of criminal and other offenses that encroach on the security of a man and citizen, society and the State.
Footnote. Article 14 as amended by the Law of the RK No. 227-V dated 03.07.2014(shall be enforced from 01.01.2015).Article 15. Powers of State Agencies of the Republic of Kazakhstan
1. National security shall be carried out by State Agencies within the competence established by the legislation of the Republic of Kazakhstan:
1) national security bodies - special state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, carrying out counterintelligence activities to protect the constitutional order, state sovereignty, territorial integrity, economic, scientific, technical and defence potential, protection of the State Border of the Republic of Kazakhstan, maintaining and ensuring government communications, as well as interdepartmental coordination of activities in the field of countering terrorism and extremism;
2) the authorized agency in the field of foreign intelligence - Special State Agency directly subordinate and accountable to the President of the Republic of Kazakhstan that conducts intelligence activity in order to provide the President with relevant information, the Parliament and the Government of the Republic of Kazakhstan, State Agencies and State organizations of the Republic of Kazakhstan, as well as facilitate the implementation of management policies of the State in political, military and political, financial and economic, scientific and technical, humanitarian, environmental and other fields affecting the national interests of the Republic of Kazakhstan;
3) The State Security Service of the Republic of Kazakhstan - Special State Agency directly subordinate and accountable to the President of the Republic of Kazakhstan that securing for protected persons and objects, which shall be organizing and coordinating agencyfor securing matters of protected persons;
4) an authorized body for public service affairs - central state body implementing the unified state policy in the field of public service and monitoring compliance with the quality of public services;
5) Internal Affairs Agencies - executive agencies engaged in protection of public order, fight against crime, illicit trafficking in narcotic drugs and weapons, uncontrolled migration, protection of the rights and legitimate interests of citizens and organizations, organizing execution of criminal penalties, as well as interdepartmental coordination of activity for public security;
6) Ministry of Defense - central executive agency that supports and ensures the defense capability of the State, constant combat and mobilization readiness of the Armed Forces, carrying out foreign intelligence, countering terrorism and extremism, and interdepartmental coordination of military security activity;
6-1) an authorized body for combating corruption - a state body, carrying out the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of combating corruption, as well as prevention, detection, suppression, disclosure and investigation of corruption offenses;
7) authorized agency in the field of foreign policy - central executive agency that provides diplomatic means and methods for implementing the foreign policies cource, efforts of the Republic of Kazakhstan for international peace, global and regional security, strengthening global stature of Kazakhstan, sovereignty protection, security, territorial integrity and inviolability of borders of the Republic of Kazakhstan, its political, trade and economic and other interests in relations with other states and in the international arena, the rights and interests of citizens and legal entities of the Republic of Kazakhstan abroad, as well as interdepartmental coordination of activities for international security;
8) authorised body responsible for communications - the central executive body in charge of forming, developing and securing the communications infrastructure of the Republic of Kazakhstan;
8-1) authorised body responsible for information - the central executive body in charge of forming, developing and ensuring the security of the common information space, as well as the inter-sectoral coherence of activities to ensure the security of the information space;
8-2) authorised body responsible for informatisation - the central executive body in charge of governance and inter-sectoral cooperation in the sector of informatisation and e-governance”;
9) authorized agency in the field of information security develops legal, administrative and other measures for information security, monitors their implementation and compliance, as well as interdepartmental coordination of information security activities;
10) authorized agency in the field of environmental protection - central executive agency that carries out leadership and inter-sectoral coordination on matters of development and implementation of state policy in the field of environmental protection and environmental management;
11) authorized agency in the field of state planning - central executive body that carries out the formation of main priorities of socio-economic development of the Republic of Kazakhstan, state policy in the field of mobilization training and mobilization, regulation and development of domestic and foreign trade, as well as interdepartmental coordination of activities for economic security within the competence established by the Law;
12) authorized agency in the field of development of agro-industrial complex - central executive agency that carries out state regulation in the field of development of the agro-industrial complex;
13) authorized agency in the field of transport and communications - central executive agency that manages transport and communications industry, as well as, within the limits provided by the Law, inter-sectoral coordination;
14) authorized agency in the field of finance - central executive agency that carries out financial monitoring and takes measures to counter the legalization (laundering) incomes of criminal proceeds and financing of terrorism, compliance with taxes, customs and budget legislation, rational use and preservation of state property, interdepartmental coordination of activities for economic and financial security, as well as prevention, detection, suppression, disclosure and investigation of criminal and other unlawful encroachments on the rights of a man and citizen, the interests of society and the State in the field of economic and financial activities;
15) an authorized body in the field of industrial development - central executive body, carrying out management and intersectoral coordination on the issues of development and implementation of state policy in the field of industrial development;
15-1) an authorized body in the field of innovative development - central executive body that ensures innovative and scientific-technical development of the country's economy sectors;
16) authorized agency in the field of energy - central executive agency that ensures satisfaction of the needs of the economy in energy and energy resources, development of fuel and energy complex, as well as interdepartmental coordination of activities for energy security;
17) authorized agency in the field of civil protection - central executive agency that provides leadership and intersectoral coordination, development and implementation of state policy in the field of civil protection;
18) judicial authorities - executive agencies supporting the regime of legality in the work of state agencies, organizations, officials and citizens, for protection of the rights and legitimate interests of citizens and organizations;
19) authorized agency in the field of social protection of the population - central executive agency that ensures observance of legality and strengthening of consent in social and labor relations, employment of the population;
20) authorized agency in the field of culture - central executive agencyfor preservation of the historical, cultural, moral and spiritual values of society, dynamic development of the national and other languages, strengthening of internal political stability and inter-ethnic harmony;
21) an authorised body regulating education and science - the central executive body in charge of providing quality and accessible education, sustainable development of science in Kazakhstan, protection of the rights and legitimate interests of children;
21-1) an authorised body for state youth policy - the central executive body in charge of governance and inter-sectoral coordination in the field of state youth policy;
22) authorized agency in the field of health care - central executive agencyfor protection of public health, protection against the spread of highly dangerous and quarantine infectious diseases, and satisfaction of the needs of citizens in effective, high-quality and affordable medicines;
23) authorizedagency in the field of tourism, physical culture and sports - central executive agencyfor development of tourism, mass sports in Kazakhstan, strengthening physical culture of population of the country;
24) authorized agency for land management - central executive agencyfor rational use and protection of land, compliance with land legislation;
25) authorized agency in the field of state statistics - central executive agency for management, as well as inter-sectoral coordination in the field of state statistics within its competence;
26) authorized agency in the field of competition protection - central executive agency for prevention, detection and suppression of offenses of the legislation of the Republic of Kazakhstan in the field of competition protection;
27) authorized agency for study of subsoil - central executive agency for implementation of state policy and control in the field of geological study of subsoil, as well as performing other functions in the field of subsoil use established by the legislation of the Republic of Kazakhstan;
28) authorized agency for religious affairs - central executive agency for state regulation in the field of religious activity;
28-1) an authorised body governing geodesy, cartography and spatial data is the central executive body responsible for the administration and inter-sectoral coordination of geodesy, cartography and spatial data;
29) The National Bank of the Republic of Kazakhstan - central bank of the Republic of Kazakhstan, accountable to the President of the Republic of Kazakhstan, helping for stability of financial system;
29-1) an authorized body for regulation, control and supervision of the financial market and financial organizations - a state body directly subordinate and accountable to the President of the Republic of Kazakhstan, contributing to ensuring the stability of the financial system;
30) The Supreme Audit Chamber of the Republic of Kazakhstan is the supreme audit and financial control body directly subordinate and accountable to the President of the Republic of Kazakhstan.
2. State Agencies of the Republic of Kazakhstan, within their competence shall:
1) manage the activities of subordinate organizations in the planning and implementation of measures for national security;
2) make proposals for improving the national security system;
3) ensure compliance with the Laws and other regulatory legal acts in the field of national security;
4) with the observance of legislation in the field of protection of state secrets, inform the population on state of national security and the measures taken to it, conduct propaganda and counter-propaganda activities;
5) bring to responsibility the officials, public servants, the actions (or inaction) of which lead to the violation of national interests, the threat to the national security of the Republic of Kazakhstan.
Footnote. Article 15 as amended by the Law of the RK No. 15-V dated 27.04.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 189-V dated 11.04.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 206-V dated 10.06.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 233-V dated 04.07.2014(shall be enforced upon expiry of ten calendar days after its first official publication); No. 248-V dated 07.11.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 376-V dated 29.10.2015(shall be enforced from 01.01.2016); dated 12.11.2015 No. 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 484-V dated 06.04.2016 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 91-VI dated 11.07.2017 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); dated 03.07.2019 No. 262-VI (shall be enforced from 01.01.2020); dated 25.06.2020 No. 347-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2020 No. 357-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.10.2020 No. 365-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.11.2020 No. 375-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 141-VII of 14.07.2022 (shall enter into force ten calendar days after the date of its first official publication); No. 157-VII of 05.11.2022 (shall come into effect ten calendar days after the date of its first official publication); No. 167-VII of 21.12.2022 (shall take effect ten calendar days after the date of its first official publication); No. 168-VII of 26.12.2022 (shall be put into force sixty calendar days after the date of its first official publication).Article 16. Powers of local representative and executive agencies of the Republic of Kazakhstan
Local representative and executive agencies of regions (cities of republican significance, capital) within the limits of the competences established by the legislation of the Republic of Kazakhstan shall:
1) take measures and organize work for national security in the relevant administrative and territorial units;
2) ensure the safety of mobilization capacities and mobilization reserves (resources) established by the Government of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Law of the RK No. 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 4. NATIONAL SECURITY
Article 17. Guarantees of the rights and freedoms of man and citizenin national security
1. The Republic of Kazakhstan, in accordance with legislation and international treaties, ensures the security of every man and citizen on its territory. Citizens of Kazakhstan who are outside the Republic of Kazakhstan shall be guaranteed protection and patronage by the State.
2. In national security, rights and freedoms ofman andcitizen may be limited only by Laws and only to the extent necessary to protect the constitutional system, protect public order, man rights and freedoms, health and morals of population. At the same time, these persons, in accordance with the procedure established by the Law, shall be entitled to receive explanations from relevant state agencies regarding the restriction of their rights and freedoms.
3. Officials who have exceeded their authority in national security shall be legally responsible.
4. State support shall be guaranteed to persons assisting in national security, including their legal protection in accordance with the legislation of the Republic of Kazakhstan.
Article 18. Measures for national security
1. National security shall be achieved by consistently implemented state policy with a clear delimitation of competence and ensuring the coordinated functioning of all state agencies and officials, as well as citizens and organizations that legally participate in implementation of measures for national security.
2. The Republic of Kazakhstan ensures its national security with all the means and methods at its disposal, including economic, political, military, legal, special (intelligence, counterintelligence), used unilaterally or in accordance with international treaties.
Requirements for national security shall be mandatory taken into account when:
1) strategic planning of directions and stages of socio-economic development of the country;
2) development, adoption and implementation of legislative and other regulatory legal acts in the field of national security.
3. National security consists in achieving and maintaining the necessary level of protection of national interests by:
1) determine the main principalsof the State activities in this area;
2) identify and predict threats to national security, as well as opportunities to promote the political initiatives of the Republic of Kazakhstan abroad;
3) implementation of a set of operational and long-term measures to prevent and neutralize threats to national security, including elimination of the causes and conditions causing these threats;
4) mobilization of forces and means of national security in the event of a direct threat to national security, encroachment on it, including in cases of extreme and emergency situations of intra-state, transboundary and global character;
5) immediate decision-making and actions to protect national interests, suppress illegal activities that encroach on national security, implement other legal restrictive measures, including by restricting access to information related to intelligence, counterintelligence activities and security measures for security of protected persons and objects;
6) localization and liquidation of consequences related to encroachment on national interests, implementation of a set of restoration measures.
4. In order to implement measures for national security, interdepartmental commissions, councils or headquarters may be created.
The heads of interdepartmental commissions, councils or headquarters shall be the heads of authorized agencies, carrying out interdepartmental coordination in a certain field of national security in accordance with Article 15 of this Law.
The interdepartmental commissions, councils or headquarters include state agencies and organizations that, within their competence, participate in the implementation of state policy in the field of national security.
Footnote. Article 18 as amended by the Law of the RK No. 417-V dated 23.11.2015 (shall be enforced upon expiry of ten calendar days after its first official publication).1. Public securityshall be ensured by decisions and actions of state agencies, organizations, officials and citizens aimed at:
1) strengthening the guarantees for personal security of citizens, their rights and freedoms;
2) formation of a state ideology based on Kazakhstan patriotism, interethnic and interfaith harmony;
3) strengthening the unity of the people of Kazakhstan and tolerance in society;
4) support of natural population growth and ensuring the adoption of timely measures to counter the demographic crisis processes;
5) strengthening the fight against crime, including its organized forms, corruption, terrorism and extremism;
6) restraining the growth of unemployment and falling living standards;
7) prevention of non-medical use of psychoactive substances, as well as other social factors that threaten the health and morals of the population, the gene pool of the people of Kazakhstan;
8) preventing the decline of intellectual potential of the country;
9) ensuring the preservation of historical, traditional, spiritual and cultural values of Kazakhstan society;
10) combating illegal migration;
11) assessing biological risks and preventive measures in the field of biosafety.
2. It shall not be allowed to make decisions and take actions that shall be known to lead to:
1) violation of the unity of the people of Kazakhstan and the deterioration of interethnic and interfaith relations;
2) violation of public consent;
3) unlawful interference of public and religious associations in the affairs of the state and the state in the affairs of public and religious associations;
4) the growth of crime and delinquency;
5) reducing the level and quality of education and medical care;
6) loss of objects of historical and cultural heritage;
7) unreasonable restriction of rights and freedoms of man and citizen;
8) increased biological risks or threats to the biological security of the Republic of Kazakhstan.
3. Foreign citizens and stateless persons who have especially dangerous and quarantine infectious diseases that pose a real threat to public health shall not be allowed to entry into the Republic of Kazakhstan.
Foreign citizens and stateless persons being on the territory of the Republic of Kazakhstan and who have infectious diseases that pose a threat to public health shall be subject to expulsion from the country.
Footnote. Article 19 as amended by the Law of the RK No. 91-VI dated 11.07.2017 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 No. 361-VI (shall be enforced upon expiry of ten calendar days after its first official publication); No. 123-VII of 21.05.2022 (shall be promulgated six months after the date of its first official publication).1. Military security by:
1) maintaining the required level of state defense capability;
2) maintaining the combat readiness of the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
3) creation of effective systems of mobilization readiness of the economy and mobilization preparation of population of the country;
4) expanding military cooperation and partnerships in the framework of regional and international security structures, promoting the initiative of nuclear disarmament in order to strengthen mutual confidence and reduce the level of military danger in the world;
5) maintaining the readiness of the Civil Defense to protect the population and territory of the country.
2. It shall be the duty of all agencies and officials of the state, organizations, regardless of the form of ownership, and citizens to assist in:
1) strengthening the defense capability of the Republic of Kazakhstan;
2) maintaining and improving combat readiness of the Armed Forces, other troops and military units of the Republic of Kazakhstan;
3) preservation of mobilization capacity and improvement of the system of mobilization reserves.
3. It shall be prohibited to make decisions and actions that could damage the defense capability of the Republic of Kazakhstan and combat readiness of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.
4. It shall not be allowed, except for the cases stipulated by international treaties ratified by the Republic of Kazakhstan:
1) deployment on the territory of Kazakhstan of military bases of foreign states and (or) international organizations;
2) transit through the territory of Kazakhstan of military formations, weapons and military equipment of foreign states and (or) international organizations.
5. The Armed Forces, other troops and military formations of the Republic of Kazakhstan shall be involved in national security in accordance with the Constitution and Laws of the Republic of Kazakhstan.
Article 21. Political security
1. Political security shall be provided by decisions and actions of State Agencies, organizations, officials and citizens, aimed at:
1) protection of the foundations of constitutional system, state sovereignty and territorial integrity from unlawful encroachments;
2) preservation of the independence of the Republic of Kazakhstan in making political decisions;
3) improvement of the activities of State Agencies and the procedure of State Administration;
4) securing of state institutions;
5) increasing the level of political culture of society.
2. It shall be recognized that the appeals of citizens, including representatives of political parties and other public associations, that undermine national security and entail responsibility established by law, to:
1) overthrow or violent change of the constitutional system, including calls for terrorism, extremism, separatism and other actions that encroach on the unitary structure of the Republic of Kazakhstan, integrity, inviolability and inalienability of its territory;
2) seizure of power;
3) forcible termination of powers or obstruction of the activities of agencies and officials of the Republic of Kazakhstan, formed or elected (appointed) in accordance with the Constitution and legislation of the Republic of Kazakhstan;
4) use of existing confessional differences and different religious beliefs for political, extremist and terrorist purposes.
3. Security of state institutions shall bethe responsibility of the heads of state agencies of the Republic of Kazakhstan and shall be considered one of the criteria for evaluating their performance.
Civil of the Republic of Kazakhstan shall be guided in their activities by state interests. Civil shall be prohibited from making decisions and actions that can cast doubt on the authority of the state authorities, leading to the use of official position in off-duty interests.
4. The state shall take measures aimed at:
1) increasing authority and prestige of state service;
2) formation of organizational and legal mechanisms that prevent admission to the state service of persons who do not meet the established requirements.
5. It shall not be allowed to make decisions and take actions that contradict the interests of formation and uninterrupted functioning:
1) a unified system of state agencies of the Republic of Kazakhstan;
2) aunified legal system of the Republic of Kazakhstan.
6. Foreigners and stateless persons carrying out subversive activities against the Republic of Kazakhstan, publicly opposing the sovereignty, territorial integrity of Kazakhstan, the unity of its people, social harmony and political stability in the country, as well as if they shall not be allowed to entry into the Republic of Kazakhstan about their involvement in extremism or terrorist activities, or if the court admits a dangerous relapse in their actions. Foreigners and stateless persons being on the territory of the Republic of Kazakhstan and allow such public speeches shall be subject to expulsion from the country, bear other responsibility in accordance with the Laws and international treaties of the Republic of Kazakhstan.
Footnote. Article 21 as amended by the Law of the RK No. 244-V dated 03.11.2014(shall be enforced from 02.01.2015).1. Economic security includes:
1) financial security, providing for the state of protection of financial system against real and potential threats, in which the State shall be able to ensure its integrity, independence and sustainable development;
2) food security, providing for the state of protection of the economy, including the agro-industrial complex, in which the State shall be able to provide physical and economic accessibility to the population of high-quality and safe food products sufficient to meet the physiological norms of consumption and population growth;
3) energy security, providing for the state of protection of fuel and energy, oil and gas and nuclear energy complexes of the economy from real and potential threats, in which the State shall be able to provide energy independence and their sustainable development to meet the needs of society and the State in energy resources;
4) transport security, providing for the state of protection of transport sector of economy from real and potential threats, in which the State shall be able to create conditions to meet the needs of economy and population in transportation by automobile, railway, air, sea and river transport and related services; and development of transport infrastructure, as well as sustainable development and ensuring the competitiveness of transit potential.
2. Economic security shall be ensured by decisions and actions of state agencies, organizations, officials and citizens aimed at:
1) securing the stability and sustainability of the development of the national economy, including its industrial-innovation part;
2) maintaining and improving combat readiness of the Armed Forces, other troops and military units of the Republic of Kazakhstan;
3) prevention of economic isolation of Kazakhstan from the world economic system;
4) preservation the independence of the Republic of Kazakhstan and ensuring the observance of national interests in making economic decisions, including within the supranational agencies of economic integration;
5) further diversification of the economy, preservation and strengthening of the resource and energy basis of the country economy;
6) the maximum decrease in the degree of vulnerability of the State economy associated with the impact of negative factors arising in the geopolitical environment of Kazakhstan;
7) ensuring mutually beneficial cooperation with domestic and international financial institutions, the priority of the direction of internal, external credit resources and investment opportunities for development of domestic economy;
8) not exceeding the maximum allowable level of the state budget deficit and strengthening its revenue side;
9) prevention of inappropriate use of budgetary funds and public resources, reduction of the scale of shadow economy;
10) prevention of increase in foreign debt against the amount established by the Law of the Republic of Kazakhstan "On the republican budget";
11) preventing a threatening imbalance in the socio-economic development of the regions of Kazakhstan;
12) increase share of production of domestic goods and services in the country economy, providing that encouragement of competitiveness and limitation of monopoly;
13) ensuring physical and economic accessibility, compliance of goods and services produced, imported and sold in the Republic of Kazakhstan by the requirements of their quality and safety standards established by the legislation of the Republic of Kazakhstan;
14) improving the competitiveness of domestic goods and services;
15) ensuring the priority formation, renewal and replenishment of the state material reserve, regional stabilization funds of food products, regardless of the impact of internal and external adverse factors;
16) increasing the role of public associations, associations (unions) of entrepreneurs in matters for economic security;
17) ensuring the availability and openness of information on the state of the economy and trade and economic relations with foreign countries.
3. In order to protect national interests of the Republic of Kazakhstan, including preservation and strengthening of the industrial potential, the State, in compliance with the guarantees provided to foreign investors, monitors the state and use of economic facilities of Kazakhstan that shall be managed or owned by foreign organizations and organizations with foreign participation.
4. Requirements for national security shall be necessarily taken into account when concluding (changing) contracts on the use of the strategic resources of the Republic of Kazakhstan, executing these contracts and monitoring their implementation, as well as when making decisions by the State Agency on issuing or refusing to issue permits for partial or full transfer by the subsoil user of the subsoil use right to another person and when issuing or refusing to issue permits for the alienation of a share of participation (shareholding) in a legal entity giving the right of subsoil use.
At the same time, the State Agency shall has the right to refuse on issue a permit to the applicant to carry out transactions stipulated by this paragraph, if this may entail concentration of rights to conduct operations with one person or group of persons from one country.
Compliance with this condition shall be also necessary in relation to transactions with affiliates.
5. It shall not be allowed to make decisions and take actions that contradict the interests of formation and uninterrupted functioning:
1) market space of the Republic of Kazakhstan, within which the free movement of labor, financial and other resources;
2) financial system of the Republic of Kazakhstan, including circulation throughout the territory of the country of the national currency - tenge;
3) unified and independent communication and energy systems of the Republic of Kazakhstan.
6. Open to the extent prescribed by law and of a controllable nature, procedures should be adopted by officials of state agencies related to:
1) distribution of funds of the republican and local budgets, including for state procurement and allocated credit resources;
2) issuance of permits and licenses;
3) provision of privileges and preferences established by the legislation to business entities;
4) privatization of state property.
7. It shall be forbidden and entails responsibility for making decisions and actions:
1) impeding industrial-innovative development and investment in Kazakhstan's economy;
2) contributing to the uncontrolled export of capital and goods outside the country;
3) provoking unreasonable price increases for goods and services;
4) facilitating the importation into the domestic market of goods and services hazardous to the health and life of population;
5) contributing to the transfer of mineral deposits and economic facilities to economic subjects to the detriment of national security.
8. In order to national security, the Government of the Republic of Kazakhstan establishes restrictions on the transition and the emergence of ownership of the strategic resources (objects) of the Republic of Kazakhstan.
9. The Government of the Republic of Kazakhstan, when the state of economic security deteriorates, shall have the right to impose temporary bans and restrictions on export and import of goods.
Footnote. Article 22 as amended by the Law of the RK dated 10.07.2012 No. 33-V (shall be enforced from 01.01.2012); No. 87-VII of 27.12.2021 (shall come into force ten calendar days after the date of its first official publication).Article 23. Information security
1. Information security shall be ensured by decisions and actions of state agencies, organizations, officials aimed at:
1) prevention of information dependence of Kazakhstan;
2) prevention of information expansion and blockade by other states, organizations and individuals;
3) preventing informational isolation of the President, the Parliament, the Government and the forces for national security of the Republic of Kazakhstan;
4) ensuring uninterrupted and sustainable operation of communication networks in order to preserve the security of the Republic of Kazakhstan, including in a special period and in the event of natural, man-made emergencies, quarantines and other emergencies;
5) detection, prevention and suppression of information leakage and loss that covering classified information and other official secrets protected by Law;
6) prevention of information influence on social and individual consciousness, associated with spoliation and spread of misinformation to the detriment of national security;
7) detection and disorganization of hidden information hand mechanisms on the process of developing and adopting state decisions to the detriment of national security;
8) support and development of effective protection system of information resources, information systems and communication infrastructures where covering state information, commercial and other secrets protected by Law shall be wandered.
2.The national information security system including state electronic information resources, information systems, information and communication infrastructure, and critical information and communication infrastructure objects shall be created and strengthened in the Republic of Kazakhstan.
3. In order to protect national interests and prevent information isolation of the Republic of Kazakhstan, government authorized agencies, in compliance with the guarantees provided to investors, monitor the activities of organizations managing and operating trunk lines, as well as communication networks managed or owned by organizations with foreign participation, in the manner prescribed by Law.
4. When making decisions on the construction, operation and development of communication networks, individuals and legal entities should be guided by the requirements of compliance with national security, which shall be determined by the authorized agency in the field of communication.
In the course of anti-terrorist operations and the suppression of mass disturbances, under a decision of the head of the operational headquarters, the owners of networks and communication operators may be instructed to suspend communication services to natural and/or legal persons and (or) to restrict the use of networks and communication facilities, as well as to change the operating mode of networks and communication facilities under paragraph 1-2 of Article 41-1 of the Republic of Kazakhstan Law “On Communication”.
5. It shall not be allowed to make decisions and take actions that contradict national interests:
1) formation and smooth functioning of the information space of the Republic of Kazakhstan;
2) entry of Kazakhstan into the global communication and information system;
3) ensuring and increasing the level of protection of information resources, information systems and communications infrastructure of the Republic of Kazakhstan.
6. It shall be prohibited:
1) distribution in the territory of the Republic of Kazakhstan of printed products and products of foreign media, the content of which undermines national security;
2) disclosure of classified information and other information protected by Law;
3) foreign individuals and legal entities, as well as stateless persons directly and (or) indirectly own, use, dispose and (or) manage more than 20 percent of shares (interests, ordinary shares) of a legal entity - the owner of the media in the Republic of Kazakhstan or activities in this area;
4) management or operation of trunk lines of communication by foreigners, stateless persons and foreign legal entities without creating a legal entity in the territory of the Republic of Kazakhstan;
5) creation and operation of communication networks in the Republic of Kazakhstan, the control center of which shall be located outside its borders;
6) purchase or other acquisition by natural or legal persons, alone or as part of a group, of over 10 per cent of the voting shares, as well as shares, units of an organisation possessing and (or) operating a communications line as a long-distance and/or international communications operator, against the consent of the competent authority responsible for communications, as well as the national security agencies;
7) foreigners, stateless persons and foreign legal entities to directly and (or) indirectly own, use, dispose of and (or) manage cumulatively in excess of 49 per cent of the voting shares, as well as stakes, units of a legal entity engaged in telecommunications as a long-distance and (or) international telecommunications operator, possessing land (cable, including fibre optic, radio relay) communication lines with no positive decision of the Government of Kazakhstan based on the opinion of the authorised body regulating the field of communications, agreed with the national security agencies;
8) commissioning of communication networks that do not meet the requirements of regulatory legal acts on the provision of operational investigative, counterintelligence measures.
7. Other constraints on holding shares (stakes, equities) or participating in the activities of organisations involved in national security activities relating to communications and information shall be laid down by the laws of the Republic of Kazakhstan.
Footnote. Article 23 as amended by the Law of the RK No. 419-V dated 24.11.2015(shall be enforced from 01.01.2016); No. 435-V dated 04.12.2015(shall be enforced from 01.01.2016); No. 36-VІ dated 28.12.2016 (shall be enforced upon expiry of two months after its first official publication); No. 141-VII of 14.07.2022 (shall be enacted ten calendar days after the date of its first official publication).Article 24. Environmental security
1. Environmental security shall be ensured by decisions and actions of state agencies, organizations and officials aimed at:
1) conservation, rational use and restoration of natural resources;
2) reducing the level of risk of anthropogenic factors for environment and population of the country;
3) ensuring the ecological and economic balance in the development and distribution of production forces;
4) elimination of negative consequences for environment and population of Kazakhstan living in zones of ecological disaster;
5) ecologization of the economy, legislation and society, the establishment of an ecosystem approach to the regulation of social relations;
6) formation in the public consciousness of environmental culture, the improvement of the system of environmental education and awareness;
7) observance of the right of every man to access to environmental information and full public participation in addressing environmental issues;
8) reducing the risk of natural and man-made emergencies and mitigating their consequences;
9) establishment of partnerships in international cooperation and compliance with international law.
2. The duty of the authorized state agencies, organizations, officials shall be:
1) environmental protection, rational use and protection of natural resources;
2) rigorous observance of the requirements and norms of the environmental laws of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of biosafety;
3) prevention of radioactive, chemical pollution, bacteriological contamination of the territory of the country;
4) exclusion of the use of technologies, machinery and equipment included in the register of environmentally hazardous technologies, machinery and equipment in the Republic of Kazakhstan;
5) elimination of negative environmental consequences of economic and other activities;
6) compensation for damage to the environment and human health;
7) compulsory preparation of government agencies and forces for action to prevent and eliminate emergency situations of natural and man-made, civil defense, taking into account the development of modern means of destruction, training the population to act in the face of threats and natural and man-made emergencies;
8) publicity and informing the public and organizations about the predicted and emerging emergency situations of natural and man-made nature, the measures taken to prevent and eliminate them;
9) ensuring the constant readiness of the forces and means of civil protection for a rapid response to natural and man-made emergencies and the conduct of rescue and emergency operations.
Footnote. Article 24 as amended by the Law of the RK dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 123-VII of 21.05.2022 (shall become effective six months after the date of its first official publication).Article 25. Participation of the Republic of Kazakhstan for international security
1. In order to obtain international guarantees of national security, the Republic of Kazakhstan participates for international (global, regional) security, of which the national security of Kazakhstan shall be an integral part.
2. The activities of the Republic of Kazakhstan for international security include:
1) strengthening the role of Kazakhstan in the formation of a global world order;
2) the formation and strengthening of an effective system of collective security in the geopolitical environment of Kazakhstan;
3) participation in international organizations and forums whose activities shall be in the interests of national security of the Republic of Kazakhstan;
4) participation outside the country in events aimed at ensuring national security in accordance with international treaties of the Republic of Kazakhstan;
5) decision in necessary cases together with the adjacent states of the questions concerning national security;
6) conclusion of international agreements that meet the interests of national security of the Republic of Kazakhstan.
Article 26. Financing of measures for national security
National security activities shall be funded from Public funds.
Chapter 5. FINAL PROVISIONS
Article 27. Supervision over observance of legality in the field of national security
The highest supervision over observance of legality in the field of national security shall be carried out by the prosecutor's office of the Republic of Kazakhstan.
Footnote. Article 27 is in the wording of the Law of RK No. 91-VI dated 11.07.2017 (shall be enforced upon expiry of ten calendar days after its first official publication).Article 28. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of national security
Violation of the legislation of the Republic of Kazakhstan in the field of national security entails liability established by the Laws of the Republic of Kazakhstan.
Article 29. Relationship of this Law with other regulatory legal acts
The norms of this Law shall be the basis for development and adoption of other regulatory legal acts governing certain areas and methods for national security.
Article 30. The procedure for enforcement of this Law
1. This Law shall be enforced upon expiry of ten calendar days after its first official publication, with the exception of subparagraph 2) of paragraph 4 of Article 20 regarding the prohibition of transit through the territory of Kazakhstan by aircraft of military units, weapons and military equipment of foreign states and (or) international organizations.
Subparagraph 2) of paragraph 4 of Article 20 of this Law regarding the prohibition of transit through the territory of Kazakhstan by aircraft of military formations, weapons and military equipment of foreign states and (or) international organizations shall be enforced from January 1, 2015.
2. To recognize the Law of the Republic of Kazakhstan dated June 26, 1998 "On national security of the Republic of Kazakhstan" (Gazette of the Parliament of the Republic of Kazakhstan, 1998, No. 11-12, Art. 173; 2000, No. 5, Article 115; 2004, No. 14, Article 82; No. 23, Article 142; 2005, No. 16, Article 70; 2007, No. 1, Article 4; No. 20, Article 153; 2009., No. 15-16, Article 74; No. 24, Article 129).
Footnote. Article 30 as amended by the Law of the RK dated 21.06.2012 No. 19-V (shall be enforced upon expiry of ten calendar days after its first official publication).
|
The President of the Republic of Kazakhstan |
N. NAZARBAYEV |