Unofficial translation
This Law shall govern public relations related to the implementation by the state courier service of the Republic of Kazakhstan (hereinafter referred to as the State courier service) of activities in the provision of state courier communication services, determine the legal and organizational framework for such activities, as well as social guarantees for employees of the state courier service and members of their families.
Chapter 1. GENERAL PROVISIONS Article 1. Basic concepts used in this Law
The following basic concepts shall be used in this Law:
1) unclassified dispatch - dispatch that has restrictive marks "For official use", "Governmental", "Official", "Confidential", "Valuable";
2) classified dispatch - dispatch that has the secrecy stamps of "Special Importance", "Top Secret" and "Secret";
3) state courier communication - government courier communication that provides reception, collection, processing, accumulation, armed protection, safety, escort, transportation and delivery of correspondence;
4) services of state courier communication - activities for the reception, collection, processing, accumulation, implementation of armed guards, ensuring the safety, escort, transportation and delivery of correspondence;
5) authorized body - a state body exercising the functions of an authorized body concerning the state courier service;
6) courier route - the established sequence for an employee of the state courier service for the transportation and delivery of correspondence on the interstate (intercity) and city routes;
7) correspondence – classified and unclassified dispatches (packages, post-packages, parcels, packs, hardware) delivered to the addressee.
Article 2. Appointment of the state courier service
1. The state courier service shall be intended to provide state courier communication of state bodies of the Republic of Kazakhstan and other organizations in accordance with this Law with the protection of information constituting state secrets.
Correspondence of officials and state bodies of the Republic of Kazakhstan, defined by Article 3 of this Law, shall be inviolable and shall not be subject to inspection and detention, except as provided by the laws of the Republic of Kazakhstan.
The unified system of state courier communication shall be formed by the state courier service and its branches.
The State Courier Service shall be a legal entity in the organizational and legal form of a republican state institution, shall have a valid name, seals with the image of the State Emblem of the Republic of Kazakhstan, stamps, standard forms in Kazakh and Russian languages, its symbol, as well as bank accounts, including those in foreign currency, in accordance with the legislation of the Republic of Kazakhstan. The description and approval of the symbol of the state courier service shall be carried out by the authorized body.
2. The regulations on the state courier service, the rules for organizing the activities of the state courier service and provision of state courier communication services, as well as the list of users of state courier communication services are approved by the authorized body.
3. It shall be prohibited to interfere in the activities of the state courier service in the exercise of its powers.
Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).4. The structure and staff of the state courier service shall be approved by the authorized body.
Article 3. Objectives of the state courier communication
1. The objectives of the state courier communication shall be:
1) delivery of correspondence originating from (sent to) the President of the Republic of Kazakhstan, the First President of the Republic of Kazakhstan – Elbasy, the Chairmen of the Chambers of the Parliament of the Republic of Kazakhstan, the Chairman of the Security Council of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the State Adviser of the Republic of Kazakhstan, the Commissioner for Human Rights in the Republic of Kazakhstan, the heads of the Administration of the President of the Republic of Kazakhstan, the Office of the First President of the Republic of Kazakhstan – Elbasy and the Office of the Government of the Republic of Kazakhstan, with delivery at the location of these officials, including outside the Republic of Kazakhstan;
2) delivery of correspondence of state bodies of the Republic of Kazakhstan and other organizations, determined by the list of users of state courier services;
3) delivery of correspondence coming from (sent to) the heads of state, heads of governments, authorities and administrations of the member states of the Commonwealth of Independent States, in accordance with the Agreement on Intergovernmental Courier communication;
4) implementation of armed security and ensuring the safety of classified dispatches within the competence established by the legislation of the Republic of Kazakhstan;
5) implementation of international cooperation on issues related to the conduct of state courier communication.
2. Other objectives of the state courier communication may be established by the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (shall come into effect ten calendar days after the day of its first official publication); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 4. Legal basis for the organization of state courier communication
1. The legal basis for the organization of state courier communication shall be the Constitution of the Republic of Kazakhstan, 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 rules than those contained in this Law, then the rules of the international treaty shall apply.
Article 5 Principles of organizing state courier communication
The principles of organizing state courier communication shall be:
1) legality;
2) guaranteed safety of correspondence during its delivery;
3) efficiency in the delivery of correspondence;
4) organizational unity of the state courier communication system;
5) safety of state secrets and other secrets protected by law;
6) unity of command and subordination (subordinacy).
Article 6. Management of the state courier service
1. The state courier service shall be led by the head of the state courier service, appointed to and dismissed by the head of the authorized body.
2. Head of the state courier service shall:
1) manage a unified system of state courier service on the principle of unity of command and subordination (subordinacy);
2) submit for consideration by the authorized body proposals on changing the structure and staff of the state courier service;
3) appoint, promote, dismiss, impose disciplinary sanctions, encourage and reward employees and personnel of the state courier service;
4) submit to the head of the authorized body a presentation on a candidate for appointment to the position of deputy head of the state courier service;
5) report to the head of the authorized body on the activities of the state courier service;
6) within the limits of his powers, issue orders and give instructions that are obligatory for execution;
7) delegate powers to his deputies, heads of structural subdivisions and branches of the state courier service;
8) represent the state courier service in the state bodies of the Republic of Kazakhstan and international organizations;
9) organize work to combat corruption in the state courier service;
10) exercise other powers assigned to him/her by this Law and other regulatory legal acts of the Republic of Kazakhstan.
Article 7. Interaction of the state courier service with state bodies of the Republic of Kazakhstan and transport organizations
1. The State Courier Service shall perform the objectives assigned to it through interaction with the state bodies of the Republic of Kazakhstan.
2. State bodies of the Republic of Kazakhstan, included in the list of users of state courier communication services, and their territorial divisions shall be obliged to interact with the state courier service within their powers on the organization of transportation and delivery of correspondence and ensuring conditions for its guaranteed safety, as well as to assist employees of the state courier service in the performance of their duties.
Interaction shall be carried out by joint decisions of the state courier service and the relevant state bodies of the Republic of Kazakhstan.
3. Transport organizations that carry out regular transportation along the routes established for international and domestic communications shall not be entitled to refuse to conclude contracts for the transportation of correspondence, except in cases where it is impossible to provide transportation services in accordance with the legislation of the Republic of Kazakhstan.
Chapter 2. POWERS OF THE STATE COURIER SERVICE Article 8. Rights of the state courier service
1. The State Courier Service shall be granted the right to:
1) transport correspondence and the employees of the state courier service accompanying it along the existing routes of air, rail, road and other modes of transport at the rates established for transport;
2) use on a contractual basis separate premises of organizations, regardless of the form of ownership, operating in the field of transport, at airports, seaports and railway stations, for temporary placement of correspondence and employees of the state courier service accompanying it;
3) book and purchase out of turn travel documents for all types of transport, taking into account the specifics provided for by the Law of the Republic of Kazakhstan "On Public Procurement", with payment at the rates established for the corresponding type of transport.
The boarding of armed employees of the state courier service on air, sea, river vessels and on trains shall be carried out before the start of the general boarding of passengers;
4) use motor vehicles without any distinctive inscriptions and special colour graphic colouring, equipped with hidden blue and red flashing beacons, special sound signals and means of communication. Automobile vehicles of the state courier service shall be classified as "special" without any distinctive inscriptions and may not be used in the interests of state bodies of the Republic of Kazakhstan and state organizations without the consent of the state courier service, except for cases of martial law and wartime, and also a state of emergency;
5) use, within its competence, special means of protection and communication to ensure guaranteed safety during the delivery of correspondence. The special means of protection and communication used by the state courier service, as well as the methods of their application, must not pose a threat to life and (or) health of people and (or) cause environmental damage;
6) carry out on a contractual basis work on the delivery of correspondence of organizations in accordance with the list of users of state courier services.
2. Other rights of the state courier service may be established by the laws of the Republic of Kazakhstan.
Article 9. Obligations of the state courier service
1. The state courier service shall be obliged to:
1) organize and ensure the delivery of correspondence of state bodies of the Republic of Kazakhstan and officials specified in subparagraphs 1), 2) and 3) of paragraph 1 of Article 3 of this Law;
2) establish and improve permanent courier routes;
3) carry out measures for armed protection and ensuring the guaranteed safety of the delivered correspondence, up to its destruction, when it is not possible to ensure its guaranteed safety;
4) ensure the safety of state secrets and other secrets protected by law in their activities;
5) provide mobilization training of the state courier service for work during the period of mobilization, martial law and wartime;
6) interact within its competence with the courier services of the states-participants of the Agreement on Intergovernmental Courier communication;
7) organize professional service and physical training of employees of the state courier service;
8) to carry out measures to ensure the personal safety of employees of the state courier service;
9) develop the procedure for receiving, collecting, processing, accumulating, carrying out the armed protection, ensuring the safety, escort, transportation and delivery of correspondence, its maximum volumes, norms and types approved by the authorized body.
2. Other duties of the state courier service may be established by the laws of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Chapter 3 LEGAL STATUS OF EMPLOYEES AND PERSONNEL OF THE STATE COURIER SERVICE Article 10 Personnel of the state courier service
1. The personnel of the state courier service shall consist of employees who are in the personnel of internal affairs bodies and employees. Employees of the state courier service shall be provided with firearms and other weapons, special means of protection and communication.
2. The number of employees and personnel of the state courier service shall be approved by the Government of the Republic of Kazakhstan.
Article 11. Employees of the state courier service
1. The procedure and conditions for service by employees of the state courier service shall be determined in accordance with the Law of the Republic of Kazakhstan "On Law Enforcement Service".
2. Labor relations of employees of the state courier service are regulated by the Labor Code of the Republic of Kazakhstan with the specifics provided for by the Law of the Republic of Kazakhstan "On Law Enforcement Service".
Article 12. Personnel of the state courier service
The labour activity of personnel of the state courier service shall be regulated by the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On the Public Service of the Republic of Kazakhstan".
Article 13. The legal status of employees of the state courier service
1. Employees of the state courier service in the performance of their duties shall be representatives of the authorities and shall be under the protection of the state.
2. Employees of the state courier service shall have the right to carry, store and use firearms and other weapons, special means, use physical force, including fighting techniques. The procedure for the use of firearms and other weapons, special means and physical force by employees of the state courier service is determined by the Law of the Republic of Kazakhstan "On Law Enforcement Service".
3. An employee of the state courier service shall be issued an official ID to confirm his identity and authority.
4. Failure to comply with the legal requirements of employees of the state courier service, insult, resistance, threat of violence or encroachment on their life, health, honour and dignity, property, other actions that impede the performance of their duties, as well as encroachment on life, health, honour, the dignity and property of their family members, close relatives in connection with the performance by employees of the state courier service of official duties and official duty entail liability established by the laws of the Republic of Kazakhstan.
5. Upon receipt of an order, instructions that are contrary to the laws of the Republic of Kazakhstan, an employee of the state courier service must be guided by the laws of the Republic of Kazakhstan.
6. Employees of the state courier service shall be subject to restrictions, obligations and prohibitions established by the Law of the Republic of Kazakhstan "On Law Enforcement Service" and other laws of the Republic of Kazakhstan.
7. Employees of the state courier service, in the performance of their official duties, within the limits and in the manner prescribed by the legislation of the Republic of Kazakhstan, have the right to:
1) unimpeded, free and priority access, including on vehicles of the state courier service, to the places of delivery of correspondence to the state bodies of the Republic of Kazakhstan and organizations, regardless of their organizational and legal form, to the places of parking of aircraft, trains, automobile, sea and river transport upon presentation of an official ID;
2) unhindered boarding with firearms and other weapons, special means before the general boarding of passengers on all types of vehicles belonging to transport organizations carrying out regular transportation along the routes established for international and intra-republican communications.
The order of transportation of firearms and other weapons, special means by air transport by employees of the state courier service is determined by the authorized body;
3) other rights established by the Law of the Republic of Kazakhstan "On Law Enforcement Service".
Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 14 Guarantee of personal safety and legal protection of employees of the state courier service
1. When an employee of the state courier service performs his official duties for the delivery of correspondence, his/her administrative detention, as well as personal search and search of special vehicles used by an employee of the state courier service, shall be prohibited.
2. Damage caused to the health and property of an employee of the state courier service, as well as family members of an employee of the state courier service in connection with the performance of his/her official duties, shall be compensated in accordance with the legislation of the Republic of Kazakhstan.
Article 15. Responsibility of employees of the state courier service
For non-performance or improper performance of their official duties, employees of the state courier service shall bear criminal, administrative, civil, disciplinary liability established by the laws of the Republic of Kazakhstan.
Chapter 4 SOCIAL GUARANTEES FOR EMPLOYEES OF THE STATE COURIER SERVICE AND MEMBERS OF THEIR FAMILIES Article 16. Social guarantees for employees of the state courier service and members of their families
1. The special nature of serving in the state courier service and the responsibility of employees established by this Law and other laws of the Republic of Kazakhstan shall be compensated by additional social rights and benefits.
2. When moving and promoting an employee of the state courier service, associated with moving from one settlement to another for more than fifty kilometres, he/she shall be paid a lifting allowance in the amount of two months' allowance for the employee and half of his/her monthly allowance for each family member who moved with him/her.
When moving and promoting an employee of the state courier service, he/she shall be reimbursed at the expense of budgetary funds for the transportation of up to ten tons of his property, as well as travel by rail, water, and road transport, including the travel of family members who moved with him/her.
The list of positions of employees of the state courier service who are entitled to a relocation allowance, reimbursement of transportation costs and transportation of their own property during relocation and promotion is determined by the authorized body.
3. For employees of the state courier service, awarded during the period of service with state awards - orders, the size of the one-time allowance upon dismissal shall be increased by two salaries of their monthly monetary allowance.
4. Local executive bodies shall provide, out of turn, places in preschool organizations at the place of residence for children of employees of the state courier service, including those who died, deceased or went missing during their service.
5. Pension provision of employees of the state courier service, payment of state social allowances for disability are carried out in accordance with the procedure and conditions established by the legislation of the Republic of Kazakhstan on social protection.
Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.04.2023 No. 226-VII (shall be enforced from 01.07.2023).Chapter 5. FINAL PROVISIONS Article 17 Financing and logistical support of the state courier service
1. Financing and logistical support of the activities of the state courier service shall be carried out at the expense of budgetary funds in the manner prescribed by the legislation of the Republic of Kazakhstan.
2. Provision of the state courier service with firearms and other weapons, special means, clothing property shall be carried out in accordance with the standards established for the internal affairs bodies of the Republic of Kazakhstan.
3. When placing branches or employees of the state courier service directly in the premises of the bodies specified in subparagraphs 1), 2) and 3) of paragraph 1 of Article 3 of this Law, their material and technical support, including the allocation of premises, vehicles and means of communication, necessary to meet the needs of such bodies in the services of state courier communication, taking into account the costs of their provision, maintenance and service, shall be carried out at the expense of these bodies.
4. The property of the state courier service, created and acquired at the expense of budgetary funds, shall be the state property. The state courier service shall carry out operational management of such property in accordance with the legislation of the Republic of Kazakhstan.
Article 18. Procedure for the entry into force of this Law
This Law shall enter into force ten calendar days after the day of its first official publication.
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President of the Republic of Kazakhstan |
K. TOKAYEV |
