Unofficial translation
This Law regulates legal relations, arising upon turnover of civil, service, military hand-held small arms and cold weapon in the territory of the Republic of Kazakhstan, and oriented to protection of life and health of citizens, property, public safety ensuring, protection of objects of environment, resources, development of international cooperation in crime prevention and illegal distribution of weapon.
Provisions of this Law shall be applied to turnover of ammunition (ammunition) as well.
Chapter 1. General provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) firearm is a weapon in which the ejection of bullets, projectiles, grenades from the barrel channel occurs as a result of the impact of energy of a powder or other charge;
1-1) mass-dimensional model made of firearms - combat hand-held small arms, civil, service firearms, reduced by introducing irreversible structural alteration of its main (component) parts into the state of impossibility of firing and restoration to the initial state, as well as assembly of operable firearms from its main (component) parts;
2) signal weapon is a weapon used to deliver sound, light and smoke signals;
3) gas weapon is a weapon, the use of which is based on the use of teargas or irritants;
4) forensic requirements - special technical requirements (parameters, design features, marking) imposed on civil, service weapons and cartridges for them, as well as structurally similar to weapons products;
5) weapons - devices and objects structurally designed to hit a live or other target, as well as to send signals.
Weapons shall not include household and industrial products, sports equipment, as well as weapons with muzzle energy from 0.5 to 3 J, imitating the appearance of weapons and not containing the main (component) parts of firearms (hereinafter referred to as structurally similar to weapons);
6) arms turnover - production, assembly, repair, alteration, sale (trade), transfer, donation, awarding, inheritance, acquisition, collection, exposure, accounting, storage, carrying, transportation, use, seizure, destruction, import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of weapons, including its main (components) parts and cartridges for it;
6-1) collecting weapons - licensed activities of individuals and legal entities for the systematic collection of civilian and service weapons that shall not be prohibited for circulation on the territory of the Republic of Kazakhstan;
6-2) structural alteration of weapons - replacement or change of the shape and (or) dimensions of the main (component) parts of firearms, pneumatic, signal, hollow, gas weapons, gas weapons with the possibility of firing cartridges of traumatic action and projectile small arms, which caused a change in the technical characteristics of weapons;
6-3) the main (component) parts of the weapon - barrel, drum, shutter, frame, receiver of firearms, gas, gas with the possibility of firing cartridges of traumatic action, pneumatic, signal, holed weapons;
6-4) exposure of weapons - licensed activities of individuals and legal entities to demonstrate civilian and service weapons belonging to them and (or) cartridges to them or belonging to other owners of weapons and (or) cartridges to them that shall not be prohibited for circulation on the territory of the Republic of Kazakhstan (non-commercial or commercial exhibition-sale or auction);
7) weapon manufacturer is an organization which has a license for weapons elaborating, manufacture, repair and trade;
8) the user of an weapon is an individual or a legal entity that has received weapons from the owner for temporary use;
9) purchase of weapons is buying, receiving weapons as a gift, reward;
10) the owner of an weapon is an individual or legal entity who owns the weapon on the basis of a permit to purchase, carry and store weapons;
11) production of the weapon - research, development, manufacture, testing, assembly, decoration, repair, alteration and destruction of weapons, their main (component) parts, manufacture of cartridges;
12) throwing weapon - a weapon designed to hit a target at a distance, thrown using human muscle force (throwing weapon), as well as a weapon designed to hit a target at a distance with throwing projectiles using mechanical energy (throwing small arms);
12-1) throwing projectile - a device consisting of striking, carrying and stabilizing elements, or an object with striking properties intended for mechanical destruction of a target located at a distance as a result of throwing from a throwing small arm;
13) ammunition (cartridges) are devices or objects designed for shot from a weapon of an appropriate type and the target defeat (hereinafter - cartridges);
13-1) hollow weapons - specially manufactured weapons or firearms, firearms, barreled, gas weapons, or gas weapons with the possibility of firing traumatic cartridges, reduced by introducing irreversible structural alteration of its main (component) parts into a state suitable for imitating a shot exclusively by light-sound cartridge (blank cartridge), for use in cultural, educational, collectible activities;
14) pneumatic weapon is a weapon which means of target destruction receives directed movement due to the energy of compressed, liquefied or solidified gas;
15) edged weapons - weapons designed to directly hit a target with the help of human muscle force;
16) electric weapon is a special device, the use of which is based on the action of an electric discharge.
Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan № 209 dated 29 December 2006, (see Article 2 for the enactment procedure); as amended by Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar day after the day of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 2. Legislation of the Republic of Kazakhstan in the scope of state control of turnover of particular types of weapon
Legislation of the Republic of Kazakhstan in the sphere of control of turnover of particular types of weapon shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts.
If international treaties, ratified by the Republic of Kazakhstan establishes the other regulations, than those provided by this Law, the regulations of international treaties shall be applied.
Article 3. Types of weapon
According to their purposes, weapons shall be divided into:
1) military hand-held small arms and cold weapon;
2) non-military weapon;
3) service weapon.
Footnote. Article 3 as amended by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 4. Military hand-held small arms and cold weapon
Military hand-held small arms and cold weapons shall include weapons intended for carrying out combat, operational and training tasks, accepted for service by relevant state bodies of the Republic of Kazakhstan and their subdivisions (hereinafter referred to as the Armed Forces, other troops and military formations, special state and law enforcement bodies), and also those manufactured for export supplies.
Military hand-held small arms and ammunition are one of the types of weapons.
The procedure for the turnover of military hand-held small arms and ammunition, and also of cold weapons, shall be determined by the rules for trafficking in arms and military equipment approved by the Government of the Republic of Kazakhstan.
Footnote. Article 4 is in the wording of Law of the Republic of Kazakhstan № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 5. Non-military weapon
Civilian weapons shall include weapons used by citizens of the Republic of Kazakhstan for collecting, exhibiting, self-defense, sport, hunting, as well as educational and cultural organizations for educational and cultural purposes. Civilian firearms must exclude firing in bursts (except for hollowed weapons).
Non-military weapon shall be divided into:
1) self-defense weapon:
firing smoothbore long barreled weapon;
gas weapon – gas guns, revolver guns and ammunition to it, mechanical sprays, aerosolized and other tools, charged with lachrymatory or irritating agents, permitted for applying by the authorized body in the field of health care service;
electric weapon – the weapon and other subjects, destructive effect of which is based on use of electric power, permitted for applying by the authorized body in the field of health care service;
2) sporting weapon:
firearms with rifle barrel;
firing smoothbore weapon;
cold sabre weapon;
missile weapon;
pneumatic weapon with muzzle energy more than 3 J;
3) hunting weapon:
firearms with rifle barrel;
firing smoothbore weapon, as well as with the length of rifle barrel no more than 140 mm;
firing combined (rifle and smoothbore) weapon, as well as with changeable and removable rifle barrels;
pneumatic with muzzle energy no more than 25 J;
cold sabre weapon;
4) warning guns;
5) hollowed-out weapons.
Footnote. Article 5 as amended by Laws of the Republic of Kazakhstan № 209 dated 29.12.2006 (see Article 2 for the enactment procedure); № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 6. Service weapon
Service weapon shall include the weapon, intended for use for the purpose of personal safety ensuring by politic state employees, having the right to acquire (receive) service weapon in accordance with the legislation of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan, as well as organizations upon carrying out of the tasks on protection of lives and health of citizens, property, on protection of the objects of environment and natural resources, valuable and hazardous cargos, special correspondence, imposed on them by the legislation and their provided charters (provisions).
Organizations, on which the functions linked with use and applying service weapon are the legal entities with special statutory goals (hereinafter – legal entities with special statutory goals).
Service weapon shall include firing tuneless, gas weapon with possibility of shooting with the ammunition of traumatic effect, firing short barreled smoothbore and rifle weapon, as well as long barreled smoothbore and rifle weapon.
Service weapon shall exclude the burst firing.
Footnote. Article 6 is in the wording of Law of the Republic of Kazakhstan № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Article 7. Prohibitions imposed on the turnover of non-military and service weapons and cartridges to them
1. The turnover as non-military and service weapons and cartridges to them in the territory of the Republic of Kazakhstan is prohibited to:
1) long-barreled firearms with a magazine capacity of more than 10 cartridges having a barrel length or barrel length with a receiver less than 500 millimeters and a total weapon length of less than 800 millimeters, and having a design that allows it to be less than 800 millimeters in length and the possibility of a shot is not lost;
2) non-military firearms which allow shooting in bursts;
3) firearms that have a form imitating other objects;
4) a fire smooth-bore weapon made for cartridges to firearms with a rifled barrel, with the exception of a "paradox system" weapon, which has not more than 40 percent of the rifled portion of the barrel's length;
5) throwing weapons, weapons of shock-crushing action and objects specially adapted for use as weapons of shock-crushing and throwing action, with the exception of sports shells, in accordance with the legislation of the Republic of Kazakhstan;
6) knives, the blades of which more than 90 millimeters shall be automatically removed from the handle when the button or lever shall be pressed and fixed by them or extended due to gravity or accelerated movement and fixed;
7) cartridges with bullets of armor-piercing, incendiary, explosive or tracing action with a displaced center of gravity, as well as cartridges with shot-guns for gas pistols and revolvers in accordance with the legislation of the Republic of Kazakhstan;
8) weapons and other items, the damaging effect of which is based on the use of radioactive radiation and biological effects;
9) gas weapons equipped with nerve agents, poisonous substances, as well as other substances prohibited by the authorized body in the field of health care, as well as gas weapons capable of causing damage at a distance of more than one meter, not dangerous to human life, but causing a prolonged breakdown health for a period of more than twenty-one days, or a significant permanent disability for 10% or more;
10) weapons and cartridges for it, as well as structurally similar to weapons of products with technical characteristics that do not meet the forensic requirements;
11) weapons and cartridges to them that do not meet the safety requirements established by technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;
12) weapons and other items which damaging effect is based on the use of electromagnetic, light, thermal, infrasound or ultrasonic radiation;
13) self-defense tubeless firearms, electric shock devices and spark arresters with output parameters exceeding the values established by the national standards;
14) weapons made of materials that do not allow its detection by metal detectors.
2. The following activities are prohibited:
1) storage or use outside sports facilities of sports firearms with a rifled barrel or sports pneumatic weapons with muzzle energy over 7.5 J and caliber over 4.5 mm, as well as sports cold blade weapons; the storage and use of projectiles, throwing weapons with a string tension of more than 14 kg outside sports facilities without permission to store and carry them, with the exception of the storage and use of bows and crossbows for research and preventive work related to the immobilization and injection of animal objects;
2) the acquisition of pneumatic weapon with caliber more than 4.5 mm by citizens;
3) installation of devices for noiseless shooting and night sights on service and civilian weapons;
4) sending of weapons (their main (component) parts) and cartridges to them by mail including international postal items;
5) carrying weapons by citizens participating in peaceful assemblies and other mass public events;
6) carrying weapons in an open (uncovered) form in public places;
6-1) transfer of weapons to another person, except for cases provided for by this Law;
6-2) acquisition of long-barreled guns with a caliber greater than ".338 LapuaMag" (8.6 * 70 mm) by citizens;
6-3) the use of firearms, gas, electric, pneumatic, propellant and hollow weapons (except for cases provided for by the legislation of the Republic of Kazakhstan or self-defense) in settlements and places not allocated for this;
7) carrying weapons without permission as an accessory to a national costume;
8) circulation on the territory of the Republic of Kazakhstan of mass-dimensional models made of firearms;
9) the turnover of cold blade weapons more than 90 millimeters without appropriate registration.
Footnote. Article 7 as amended by Laws of the Republic of Kazakhstan № 209 dated 29.12.2006 (see Article 2 for the enactment procedure); № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 184-VI as of 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Chapter 1-1. General safety requirements in the field of technical regulation in the scope of turnover of non-military and service weapon and ammunition to it
Footnote. Chapter 1-1 is supplemented by Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure).
Article 7-1. Objects of technical regulation in the scope of turnover of non-military and service weapon and ammunition to it
The objects of technical regulation shall include: non-military and service weapon and ammunition to it, as well as processes of its production, assembly, refurnishment, repair, sale (trade), acquisition, collecting, exposing, keeping, bearing, transporting, use, destruction.
Article 7-2. Safety requirements to non-military and service weapon
1. Non-military and service weapon shall conform to special safety requirements, established for this type of weapon upon immediate loading, firing, reloading, as well as maintenance operation.
2. Firing smoothbore, tuneless weapon, gas guns and revolvers with the relevant ammunition of traumatic, sound-and-light and gas effect shall conform to the requirements, established by the technical regulations in the scope of health care service.
3. Mechanical, aerosol sprayers and other tools, charged with lachrymatory or irritating agents, as well as other substances, shall conform to requirements, established by the technical regulations in the scope of health care service.
Article 7-3. Safety requirements to ammunition
Ammunition to non-military and service weapon on their size, form, structure, weight, markings, safety functioning, as well as pressure indicators of impinging gases and kinetic energy shall conform to the special safety requirements in the field of technical regulation.
Article 7-4. Safety requirements in the scope of turnover of non-military and service weapon and ammunition to it
1. Upon production, assembly and refurnishment of non-military and service weapon and ammunition to it, the compliance with all the set of measures of safety ensuring, determined by the design documents, and ensuring of possibility of performance control of all technical operations, on which the safety is depended.
If for the safety ensuring in the process or after manufacturing, assembly, refurnishment of non-military and service weapon and ammunition to it, the conduct of tests is required, then they shall be conducted in full measure with performing all the requirements of design documents.
2. Sale (trade), acquisition, repair, collecting, exposing, keeping, bearing, transporting, use, destruction of non-military and service weapon and ammunition to it with violation of requirements, established by the technical regulations in the scope of turnover of non-military and service weapon and ammunition to it shall be prohibited.
Chapter 2. State cadastre and certification of non-military and service weapon and ammunition to it
Article 8. State cadastre of non-military and service weapon and ammunition to it
State cadastre (hereinafter – Cadastre) of non-military and service weapon and ammunition to it is official compilation, containing systematic details on non-military and service weapon and ammunition to it, allowed for turnover in the territory of the Republic of Kazakhstan.
Cadastre shall be issued on the basis of the list of models of non-military and service weapon and ammunition to it, details on which shall be entered into Cadastre and shall be excluded from it. Cadastre shall be developed, approved and issued by the authorized body in the scope of control of turnover of weapon. Details on cold sabre and missile weapon, as well as on singular samples of non-military weapon, imported in the territory of the Republic of Kazakhstan, manufactured in the territory of the Republic of Kazakhstan or exported abroad shall not be included into Cadastre.
Amendments into Cadastre shall be introduced upon expiry of no more than three months, passed after approval of the list of models of non-military and service weapon and ammunition to it.
Footnote. Article 8 as amended by Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure); dated 24.11.2021 № 75-VII (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 9. Confirmation of conformity of non-military and service weapon and ammunition to it
Mandatory confirmation of compliance shall be subject to models of civil and service weapons and cartridges for them, as well as constructively similar to weapons, produced on the territory of the Republic of Kazakhstan, imported into the territory of the Republic of Kazakhstan and exported from the Republic of Kazakhstan.
Confirmation of conformity of non-military and service weapon and ammunition to it shall be carried out in the manner, established by the authorized body of the Republic of Kazakhstan in the field of technical regulation.
Document in the scope of confirmation of conformity shall be the ground for turnover of non-military and service weapon and ammunition to it in the territory of the Republic of Kazakhstan.
Technical requirements and methods of testing non-military and service weapon and ammunition to it shall be established by the technical regulations in the scope of turnover of non-military and service weapon and ammunition to it.
Footnote. Article 9 is in the wording of Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure); as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Chapter 3. Licensing of the development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them
Footnote. The title of Chapter 3 in the new wording of Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).
Article 10. Licensing of the development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them
Footnote. The title of Article 10 in the new wording of Law of the Republic of Kazakhstan № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).
1. The development, production, repair, trade, collecting, purchase and exhibiting of weapons and cartridges to them are subjects to licensing.
2. Licenses for the development, production, repair, trade, collecting, exhibiting of non-military and service weapons and ammunition shall be issued by internal affairs bodies.
3. Licenses for the development, production, repair, trade, collecting, exhibiting of weapons and cartridges to them are general, issued without a time limit, and operate throughout the territory of the Republic of Kazakhstan.
Licenses are issued both for several types of activities, taking into account a single technological complex, and for certain types.
4. The license is issued on the basis of documents, the list of which is determined by the legislation of the Republic of Kazakhstan on permits and notifications.
5. The reasons for refusal to issue a license are:
1) non-presentation of required details or presentation of false information by an applicant;
2) the inability to provide conditions for the safety of production, accounting and safety of weapons, or the failure to ensure these conditions;
3) other reasons provided by the Law of the Republic of Kazakhstan "On Permits and Notifications".
In case of refusal to issue a license, the specified bodies shall be obliged to inform the applicant in writing about this, explaining the reasons for the refusal. Refusal to issue a license or violation of the terms for consideration of an application may be appealed by an applicant in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Footnote. Article 10 as amended by Laws of the Republic of Kazakhstan № 222 dated 12 January 2007 (shall be enforced upon 6 months from the date of its official publication); № 383-IV dated 10.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).Article 11. Suspension of validity and deprivation of a license
The ground for suspension of validity of a license shall be non-fulfillment of requirements, provided by this Law and legislation of the Republic of Kazakhstan on administrative infractions.
Deprivation of a license shall be carried out in a judicial proceeding.
Footnote. Article 11 is in the wording of Law of the Republic of Kazakhstan № 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication).Chapter 4. Right of possession and use of weapon
Article 12. Subjects, having the right to acquisition of weapon
The right to acquisition of weapon in the territory of the Republic of Kazakhstan shall have the right by:
1) the Armed Forces, other troops and military formations, special state and law-enforcement bodies, and also subjects specified in the Law of the Republic of Kazakhstan “On the defense industry and state defense order”;
2) state bodies, civil servants of which are vested with the right to keep and bear firearms;
3) legal persons with special statutory goals;
4) legal persons, engaged in manufacturing of weapon or its trading (hereinafter – legal persons-suppliers);
5) legal entities and individuals, engaged in collecting or exposing of weapon;
6) hunting and economic organizations;
7) sports organizations;
8) education organizations;
8-1) cultural organizations (cinematic organizations, theaters, circuses, museums) in terms of hollowed-out weapons;
9) citizens of the Republic of Kazakhstan;
10) foreign people;
11) legal entities, authorized to conduct scientific and medical researches in the field of using weapon, as well as with ammunition of traumatic and gas effect.
Footnote. Article 12 as amended by Laws of the Republic of Kazakhstan № 318 dated 27 July 2007 (see Article 2 for the enactment procedure); № 320 dated 27 July 2007 (see Article 2 for the enactment procedure); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 11.07.2022 № 136-VI (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 13. The right to acquire weapons by the Armed Forces, other troops and military formations, special state and law enforcement bodies and other subjects
The Armed Forces, other troops and military formations, special state and law enforcement bodies, subjects specified in the Law of the Republic of Kazakhstan “On the defense industry and state defense order” have the right to acquire military hand-held small arms and other weapons in the manner prescribed by the legislation of the Republic of Kazakhstan. To form the State bullet and shell casing repository, it is necessary to perform test shooting with weapons with rifled barrels accepted for service, except for inactivated ones, in the manner determined by the Government of the Republic of Kazakhstan.
Footnote. Article 13 is in the wording of Law of the Republic of Kazakhstan № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by Laws of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 14. The right to purchase weapons by legal entities with special statutory objectives
Footnote. Article 14 as amended by Law of the Republic of Kazakhstan № 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Legal entities with special statutory objectives have the right to purchase non-military or service weapons from legal suppliers, upon receipt of appropriate authorization from the internal affairs bodies.
2. The acquired weapon is subject to registration in the relevant internal affairs body within a week from the date of its acquisition. When registering a weapon, a permit is issued to store, keep and bear these weapons for a period of five years on the basis of documents confirming the legality of the acquisition of weapons.
The owner of the weapon applies to the internal affairs body at the place of registration of the weapon before the expiration of the permit to obtain a new one.
The permit form is approved by the authorized body in the field of control over the circulation of weapons in agreement with the authorized body in the field of permits and notifications and the authorized body in the field of informatization.
3. Heads of organizations (legal entities with special statutory objectives) transfer weapons to full-time employees for the period of their functions performance. Weapons are issued after the employees have received appropriate training. These workers are obliged to undergo periodic verification of suitability for actions in conditions related to the use of firearms and to have permits from internal affairs agencies for the storage and carrying of service weapons.
4. The content of the training program and the procedure for conducting the audit are determined by the authorized body in the field of arms control.
Footnote. Article 14 as amended by Laws of the Republic of Kazakhstan № 297 dated 22.02.2002; № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 24.11.2021 № 75-VII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Article 15. The right to purchase weapons by the citizens of the Republic of Kazakhstan
1. Citizens of the Republic of Kazakhstan who have reached the age of eighteen shall have the right to purchase civilian weapons, with the exception of smoothbore long-barreled firearms of self-defense and hunting weapons, after obtaining permission to purchase a specific type of weapon from the internal affairs bodies at the place of residence.
The citizens of the Republic of Kazakhstan who have reached the age of 16 have the right to purchase, store, carry and use throwing weapons (bows and crossbows) for sport purposes.
Mechanical sprayers, aerosol and other devices equipped with tear or irritants, pneumatic weapons with muzzle energy of not more than 7.5 J and a caliber of up to 4.5 millimeters inclusive shall be not subject to registration.
Signal, hollowed weapons, mechanical sprayers, aerosol and other devices equipped with tear or irritating substances, pneumatic weapons with muzzle energy of no more than 7.5 J and a caliber of up to 4.5 millimeters inclusive, citizens of the Republic of Kazakhstan shall have the right to purchase from legal entities - suppliers without obtaining permission.
Citizens of the Republic of Kazakhstan who have reached the age of twenty or two have the right to acquire long-barreled firearms specified in subparagraph 1) of Article 5 of this Law for self-defense without the right to wear under permits issued by the internal affairs bodies at the place of residence, without the presence of a hunter's certificate.
Long-barreled firearms and hunting pneumatic weapons shall have the right to acquire citizens of the Republic of Kazakhstan who have reached twenty years of age with the right to store and carry, who have certificates of a hunter.
Hunting firearms with a rifled barrel can be purchased by the citizens of the Republic of Kazakhstan who own hunting smooth-bore long-barreled firearms for at least three years, who are granted the right to hunt in accordance with the established procedure.
The total number of weapons purchased by a citizen of the Republic of Kazakhstan should not exceed:
1) hunting firearms: with a rifled barrel - two units; smooth-bore - two units;
2) self-defense weapons - two units, including a long-barreled shotgun or gas pistols, revolvers or electric weapons.
These restrictions do not apply to weapons that are objects for collecting.
Citizens of the Republic of Kazakhstan have the right to purchase gas pistols and revolvers, electric weapons for self-defense purposes with the right to store and carry them under permits issued by the bodies of internal affairs.
2. Long-arms firearms acquired by a citizen of the Republic of Kazakhstan, hunting pneumatic weapons, throwing weapons (bows and crossbows), electric weapons, as well as gas pistols and revolvers are subject to registration in the internal affairs bodies at the place of residence within a week from the date of purchase.
When registering a smooth-bore long-barreled firearm for self-defense, a citizen of the Republic of Kazakhstan receives a permit from the internal affairs body at the place of residence for storing such weapons for a period of five years, and when registering hunting and sporting weapons, gas pistols and revolvers, throwing weapons (bows and crossbows), electric weapons – a permit to keep and bear. The permit is issued for a period of five years.
The owner of the weapon applies to the internal affairs body at the place of registration of the weapon before the expiration of the permit to obtain a new one.
The permit form is approved by the authorized body in the field of control over the circulation of weapons in agreement with the authorized body in the field of permits and notifications and the authorized body in the field of informatization.
3. In order to obtain a permit for the acquisition, storage, storage and carrying of weapons, a citizen of the Republic of Kazakhstan shall be obliged to submit to the internal affairs bodies at the place of residence an application in the established form, a medical opinion on the absence of contraindications to the possession of weapons established by the authorized authority in the field of health, and a certificate of completion of the training and retraining program for owners and users of civil and service weapons for knowledge of the rules for the safe handling of civil and service weapons.
The list of medical contraindications, the procedure for passing a medical examination to obtain permits in the areas of circulation of civilian and service weapons, civilian pyrotechnic substances in accordance with the legislation of the Republic of Kazakhstan on permits and notifications, as well as its frequency, shall be determined by the authorized body in the field of health.
4. Persons acquiring a self-defense smooth-bore firearm, gas pistols and revolvers, throwing weapons (bows and crossbows), electric weapons for the first time, except for those authorized to store, or to keep and carry weapons, are obliged to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control.
5. A state fee shall be levied for the issue of permits for the purchase, storage or storage and carrying, transportation, as well as for the conclusions on importation into the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of non-military and service weapons and cartridges in accordance with the tax legislation of the Republic of Kazakhstan.
6. The servicemen of the Armed Forces, other troops and military formations, employees of special state and law enforcement bodies, with the exception of bodies of the state fire service, who have special ranks and class ranks, are granted with a permission to purchase non- military weapons without submitting a medical report on the absence of contraindications to own arms.
Footnote. Article 15 as amended by Laws of the Republic of Kazakhstan № 297 dated 22.02.2002; № 11 dated 13.12.2004 (shall be enforced from 01.01.2005); № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 107-V dated 21.06.2013 (shall be enforced from 01.01.2014); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 16. Rights and obligations of arms owners
1. The owners of weapons have the right:
1) of ownership on the weapons and cartridges purchased in the established manner;
2) to receive compensation for the cost of weapons in case of withdrawal or voluntary surrender in the manner prescribed by the law;
3) to sell, donate, inherit or transfer weapons for temporary use in the manner determined by the Government of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
4) to store and carry cold steel weapon with existence the permission for the right to store and carry firearms.
2. The owners of weapons are obliged:
1) to register and re-register the possessed weapons in the bodies of internal affairs, except for those listed in paragraph 3 of paragraph 1 of Article 15;
2) to follow the established procedure for the transport of weapons and cartridges to them;
3) to ensure the safety of weapons and cartridges to them;
4) to ensure unimpeded access for the employees of law enforcement bodies to the territory of controlled objects and weapons storage sites, to provide them with the necessary documentation for familiarization in accordance with the legislation;
5) in case of the owner’s death of a non-military weapon, family members are obliged to re-register or surrender this weapon to a commission sale within a month;
5-1) once in five years, to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control;
6) upon change the place of residence, to remove a weapon from the registration of the internal affairs body and, to register at the new permanent place of residence within ten days, and if the place of residence is changed within one district or a city that does not have a district division, to notify the territorial body of internal affairs within five days.
Footnote. Article 16 as amended by Laws of the Republic of Kazakhstan № 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 17. Rights and obligations of weapons users
1. The users have the right:
1) to storage, to store and carry weapons in accordance with the right granted to them;
2) to use weapons in the cases and in the order established by the legislation of the Republic of Kazakhstan.
2. The weapons users are obliged:
1) to use weapons in accordance with their intended use;
2) to follow the established procedure for the transport of weapons and cartridges to them;
3) to ensure the safety of weapons and cartridges to them which are in use;
4) to follow safety requirements when using weapons and cartridges to them.
3. Users of weapons - legal entities shall be obliged to:
1) store weapons in specially equipped storage facilities (weapon rooms) in an unsuitable state for firing;
2) store the main (component) parts of the weapon directly involved in the firing in separate safes;
3) ensure unhindered access of employees of the internal affairs bodies to the territory of controlled facilities and places of storage of weapons, shall provide them with the necessary documentation for familiarization in accordance with the legislation of the Republic of Kazakhstan.
4. Weapon users who are individuals, in accordance with the legislation of the Republic of Kazakhstan, are obliged:
1) upon request of law enforcement officials, to show them an available weapon , ammunition and places of storage for inspection, and also all the required documents for the purposes of checking the compliance with the rules for safe handling of non-military and service weapons;
2) once in five years, to have their knowledge of the rules for safe handling of non-military and service weapons checked by organizations assigned by the authorized body for arms turnover control.
Footnote. Article 17 as amended by Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 18. Right of using weapon
1. Persons, having permission for keeping, keeping and bearing particular type of weapon for protection of life, health and property shall have the right to use it in cases of necessary defence, extreme necessity and upon detention of a person, committed the crime.
2. Employees of organizations with special statutory goals shall have the right to use weapon during performance of the tasks imposed on them by the legislation on protection of nature, natural resources, property, delivery of correspondence and special mail items, protection of life and health of people and for self-defence.
3. Use of weapon shall be preceded the well-sounded warning about this, against which it would be used.
4. Use of weapon in respect of women, persons with visible signs of disability, minors, when their age is known or is obvious, except for the cases of commission of group and (or) armed attack (act of force) by them.
5. In all cases of using weapon, it is necessary to take measures for safety ensuring of surrounding citizens, rendering of emergency medical care to injured persons, inform the bodies of internal affairs and prosecution bodies.
6. Rules for hunting with the use of firearms shall be approved by an authorized state body in the field of protection, reproduction and use of wildlife. The rules for the use of weapons in sports and for educational purposes shall be approved by the Government of the Republic of Kazakhstan.
Footnote. Article 18 as amended by Law of the Republic of Kazakhstan № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 19. Suspension, renewal and termination of permissions as well as refusal to issue them
1. The permissions of the first and second categories in the sphere of turnover of non-military and service weapons by the bodies of internal affairs shall be suspended in cases if the person:
1) does not have a permanent place of residence;
2) does not have proper conditions for storing weapons;
3) is a debtor in enforcement proceedings on eviction and demolition on the submission from a bailiff.
In the case of prosecuting a person the authorization is suspended until the court makes a decision.
The decision to suspend the validity of permission on the reasons provided for in this Law must be preceded by a prior written warning of the owner by the body of internal affairs that issued the permission. The warning indicates which legal norms and rules are violated or not executed, and a period of no more than thirty calendar days is appointed to eliminate the violations committed.
2. In case of elimination the violations that were reasons for the suspension of the permit, the owner of the permit has the right to file an application to the internal affairs body before the expiry of the suspension of the permit's validity to eliminate violations with enclosing copies of supporting documents.
The resumption and initiation of termination of the permit is carried out in the manner and on the bases established by the Law of the Republic of Kazakhstan "On Permits and Notifications".
3. In case that the owner of the permit does not submit an application to eliminate violations that were reasons for suspending the permit, the body of internal affairs initiates the procedure for the termination of the permit's validity before the expiry of the suspension period.
In the process of considering the issue of termination of the permit, the owner of the permit has the right to prove the fact of violation. In this case, the permitting authority should be guided by paragraph 2 of this article.
4. Termination of permits in the field of circulation of civilian and official weapons without prior suspension shall be carried out by the internal affairs bodies in cases of:
1) voluntary refusal from permission or the death of the weapon owner;
2) the existence of a conviction for committing of a crime that has not been repaid or withdrawn in accordance with the procedure established by law;
3) release from criminal liability on non-rehabilitating bases before the expiration of the lower limit of punishment in the form of deprivation of liberty, provided for by the relevant part of the article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
4) the repeated commission of an administrative offense under Articles within a year 127, 128, 131, 382, 434, 437, 438, 440, 443, 444, 448, 450, 462, 481, 482, 484, 485, 485-1, 486, 487, 489, 490, 492, 493 and 506 of the Code of administrative offenses of the Republic of Kazakhstan;
5) committing a criminal offense under Articles 287 (part one), 288 (part four), 289, 296 (parts one, two and three), 389 (parts one and two) of the Criminal Code of the Republic of Kazakhstan, an administrative offense under Articles 73, 73-1, 73-2, 453, 461, 476, 477, 478 and 488 of the Code of Administrative Offenses of the Republic of Kazakhstan;
6) occurrence of circumstances provided for by the legislation of the Republic of Kazakhstan excluding the possibility of obtaining permits;
7) constructive alteration of civil or service weapons by the owner, which entailed a change in the ballistic and other technical characteristics of the specified weapons;
8) non-compliance of civil and service weapons with technical regulations in the field of circulation of civil and service weapons and cartridges for them, as well as constructively similar to weapons products and forensic requirements;
8-1) in case of a failure to pass an exam for checking the knowledge of the rules for safe handling of non-military and service weapons within two months of receipt of an order requiring the owner and (or) user of a non-military and service weapon to have his/her knowledge of the rules for safe handling of weapons checked;
9) if a person is registered with internal affairs bodies and (or) national security in the fight against extremism, terrorism or organized crime;
10) re-loss of registered weapons;
11) termination of citizenship of the Republic of Kazakhstan;
12) issuing a protective order on the fact of domestic violence;
13) if there are medical contraindications to the possession of weapons. Information interaction between the authorized body in the field of health and the authorized body in the field of arms control, including the exchange of information about the owners of weapons, about the issued medical reports, as well as diseases detected in the owner of the weapon, in the presence of which the possession of weapons shall be contraindicated, shall be carried out through the integration of the relevant information systems of state bodies.
The decision of the internal affairs body to terminate the permit in the field of circulation of civil and official weapons can be appealed in the manner established by the Laws of the Republic of Kazakhstan.
In the case of termination of a permit, a repeated application for its receipt is possible after three years from the date of termination. In the case of voluntary refusal of authorization, the time limits for re-applying for its receipt are not established.
5. The internal affairs bodies shall refuse to issue permits in the field of circulation of civil and service weapons in cases provided for in paragraphs 1 and 4 of this Article, as well as to persons who have a withdrawn or extinguished criminal record for committing serious, especially serious crimes related to illegal trafficking in weapons, narcotic drugs, psychotropic substances, their analogues and precursors, as well as for committing terrorist, extremist crimes.
6. The requirements of this article apply to premium weapons.
Footnote. Article 19 in the new wording of Law of the Republic of Kazakhstan№ 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); as amended by Laws of the Republic of Kazakhstan № 236-V dated 05.07.2014 (hall be enforced from 01.01.2015); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021); dated 31.12.2021 № 100 (shall be enforced sixty calendar days after the date of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 20. Withdrawal of a weapon and cartridges to it
The withdrawal of a weapon and cartridges to it is made:
1) by bodies of internal affairs in the following cases:
the absence of licenses for the development, manufacture and repair of, trade in, acquisition, collection or display of civilian and service weapons and for the storage or storage and carrying of weapons or registration with the owner;
suspending or forfeiting these licenses and permits in accordance with the established procedure;
violations of security requirements established by this Law and other regulatory legal acts of the Republic of Kazakhstan by legal or physical persons , the rules for transferring, purchasing, collecting, exposing, registering, storing, carrying, transporting and using weapons prior to the final decision in the order established by the legislation of the Republic of Kazakhstan;
the death of the owner of the weapon until the issue of property inheritance is resolved;
2) by bodies exercising state supervision over compliance with the rules of hunting, fishing, protection of nature and natural resources in cases of suppression the violations by citizens of the legislation of the Republic of Kazakhstan on environmental protection within their competence with the subsequent transfer of weapons to the internal affairs bodies;
3) by the service of economic investigations in cases stipulated by the legislation of the Republic of Kazakhstan, with the subsequent transfer of weapons to the bodies of internal affairs;
4) in other cases provided for by the legislation of the Republic of Kazakhstan, with the subsequent transfer of weapons to the bodies of internal affairs.
Premium weapons are confiscated from citizens by the bodies of internal affairs for violations of the rules of storage, transportation and use in accordance with the current legislation.
The procedure for the seizure of weapons and cartridges to them is determined by the authorized body in the sphere of control over the turnover of arms.
Seized, voluntarily surrendered, as well as confiscated non-military and service weapons and cartridges to them, technically suitable for operation, are subject to disposal or sale through legal entities having licenses on trade non-military and service weapons in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 20 as amended by Laws of the Republic of Kazakhstan № 209 dated 29 December 2006, (see Article 2 for the enactment procedure); № 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication); № 383-IV dated 10.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 248-V dated 07.11.2014 (shall be enforced upon expiry of ten calendar days after the day its first official publication; dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Chapter 5. Turnover of particular types of weapon
Article 21. Manufacture of weapons and cartridges to them
The production of weapons, their main (component) parts, assembly, alteration or repair of weapons in order to return to them the lost damaging properties, as well as cartridges for them shall be subject to licensing in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
Legal entities that produce weapons and cartridges to them must ensure the safety of production, control over it, the appropriate quality of products, its accounting and safety.
Each unit of manufactured weapons, with the exception of mechanical sprayers, aerosol and other devices equipped with tear or irritating substances, must have an individual number.
Military hand-held small arms and ammunition are only manufactured to supply the Armed Forces, other troops and military formations, special state and law enforcement bodies, and also for export supplies in accordance with the rules for trafficking in weapons and military equipment approved by the Government of the Republic of Kazakhstan.
Footnote. Article 21 as amended by Laws of the Republic of Kazakhstan № 222 dated 12 January 2007 (shall be enforced upon expiry of six months from the date of its official publication); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 22. Trade in non-military and service weapons and cartridges
1. Trade in non-military and service weapons and cartridges to them is carried out by organizations that have received licenses for this type of activity in accordance with the procedure established by law. Licenses for trade in non-military and service weapons and cartridges are issued by the authorized body in the sphere of control over the turnover of weapons only to organizations specially created for these purposes.
2. Organizations engaged in the trade in weapons and cartridges to them are obliged:
1) to have a certificate of conformity for the weapons being sold;
2) to ensure accounting of purchased and sold weapons, as well as the storage of accounting records for 10 years;
3) to require from the buyer (legal entity) a license for the purchase of this type of weapon, with the exception of weapons for which a license is not required;
4) to register in the license or permit of the buyer the sold non-military and service weapons subject to registration, as well as in the hunter's license - hunting cold weapon;
5) to submit to the internal affairs agencies information on the sold service and non-military weapons and its buyers in the order established by the authorized body in the sphere of control over the turnover of weapons monthly;
6) to ensure the safety and security of their storage;
7) to submit bullets and cartridges shot from the sold official and non-military weapons to the State Bullet and Shell Casing Repository;
8) to ensure the personnel's knowledge of the legislation on the turnover of weapons.
3. It is prohibited to trade arms to individuals and legal entities that have not granted permission to purchase this type of weapon, as well as to sell weapons without numbers and stamps or cartridges without the sign of compliance with the technical regulations in the sphere of circulation of civil and service weapons and cartridges to them.
The trade in non-military and service weapons and cartridges to it must be suspended:
1) at the request of the State Security Service for the period necessary for conducting protective measures;
2) in cases provided for by legislative acts of the Republic of Kazakhstan.
4. A legal entity engaged in the trade in non-military and service weapons and cartridges to them shall not have the right to engage in any other business activities, except for design, manufacture, repair, purchase, exhibiting, import and export of these weapons, purchase, import, export and trade in spare parts to them, sporting goods, hunting and fishing accessories, civil pyrotechnic substances and products with their use for domestic purposes, as well as the opening and functioning rifle shooting ranges and stands.
Legal entities that hold licenses for trade in non-military and service weapons and cartridges to them are prohibited:
1) to combine the sale in one trading hall of weapons and other types of goods, with the exception of sports, hunting and fishing equipment and spare parts for these weapons;
2) to place a room for storing weapons and cartridges to them and trading them in residential buildings (residential buildings) in the areas of entertainment facilities, trade facilities where other types of goods, educational, health and cultural organizations, sports facilities, hotels, public catering facilities, railway stations, stations, subway lines, ports, airports, aerodromes;
3) displaying weapons on the trading floor, in a specially equipped storage (weapon rooms) in a condition that shall allow shooting.
5. A license to trade in non-military and service weapons and cartridges to them does not give the right for opening the branches of legal entities established for trade in non-military and service weapons and cartridges to them.
6. Legal entities that have licenses for trade in civil and service arms and cartridges to it have the right to purchase them from the entities specified in Article 12 of this Law.
Footnote. Article 22 as amended by Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure); Law of the Republic of Kazakhstan № 318 dated 27 July 2007 (see Article 2 for the enactment procedure); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 23. Sale or transfer of weapons
1. The subjects having the right to acquire weapons in accordance with this Law may sell their non-military and service weapons and cartridges that they are legally entitled to legal entities that have licenses for the trade in non-military and service weapons, with prior notification of this fact the internal affairs bodies at the place of weapons registration.
2. Excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).3. The citizens of the Republic of Kazakhstan have the right to alienate weapons that they are legally entitled to own to legal entities that have licenses for trade in non-military and service weapons or for collecting or exposing weapons, with prior notification of internal affairs bodies that issued them permits for storage, storage and carrying weapons, as well as to citizens who have permits to purchase weapons, after re-registering weapons in the internal affairs agencies at the place where weapons are registered.
4. The legal entities specified in subparagraphs 2) to 8) of Article 12 of this Law may transfer non-military and service arms and cartridges to entities authorized to acquire them during reorganization or liquidation.
Footnote. Article 23 as amended by Laws of the Republic of Kazakhstan № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 372-IV dated 29.12.2010 (shall be enforced upon expiry of ten calendar days after its first official publication); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 24. Awarding of weapon
1. Honorary weapon is a weapon, received by the citizens of the Republic of Kazakhstan on the basis of Decree of the President of the Republic of Kazakhstan, regulation of the Government of the Republic of Kazakhstan.
Citizens of the Republic of Kazakhstan may receive honorary weapon on the basis of award documents of the heads of foreign states, heads and members of the governments of foreign states.
Permission for keeping and bearing of honorary weapon by the citizens of the Republic of Kazakhstan shall be issued by the authorized body in the scope of control of the turnover of weapon.
The weapon may not be honorary enabling burst firing with the magazine (cylinder) capacity more than 10 ammunitions, as well as the weapon, prohibited for turnover by this Law in the territory of the Republic of Kazakhstan.
2. In case of death of the owner of honorary weapon, the mentioned weapon shall be surrendered to the bodies of internal affairs.
3. Honorary weapon mat be transferred for keeping in museums after the relevant reregistration and refurnishment of the weapon by the bodies of internal affairs.
Article 25. Import of weapons and cartridges to the territory of the Republic of Kazakhstan and its export from the Republic of Kazakhstan
1. The importation into and exportation from the territory of the Republic of Kazakhstan of military hand-held small arms and cold weapons shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
2. Import of non-military and service weapons and cartridges to the territory of the Republic of Kazakhstan and its export from the territory of the Republic of Kazakhstan is carried out on the basis of conclusion issued by the authorized body in the field of control over the turnover of weapons in accordance with the legislation of the Republic of Kazakhstan.
The transit of non-military and service weapons and cartridges through the territory of the Republic of Kazakhstan is carried out on the basis of the conclusion of the authorized body in the field of control over the turnover of weapons in accordance with the legislation of the Republic of Kazakhstan.
3. Import of single copies of civil and service weapons and cartridges to them to the territory of the Republic of Kazakhstan, its import from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan is carried out on the basis of the conclusions of the bodies of internal affairs, taking into account the requirements of this Law.
Footnote. Article 25 as amended by Law of the Republic of Kazakhstan № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 26. Acquisition of non-military weapon and ammunition to it, military hand-held small arms weapon and ammunition to it in the territory of the Republic of Kazakhstan, as well as their import in the Republic of Kazakhstan and export from the Republic of Kazakhstan by foreign persons
1. Foreign persons, registered in the bodies of internal affairs in established manner for residence in the territory of the Republic of Kazakhstan for the term of no less than one year, shall have the right to acquisition of gas guns and revolvers in the Republic of Kazakhstan on general basis upon the applications of diplomatic representatives of the state, the citizens of which they are.
Foreign persons, registered in the bodies of internal affairs in established manner for residence in the territory of the Republic of Kazakhstan, shall acquire mechanical sprays, aerosolized and other tools, charged with lachrymatory or irritating agents, pneumatic weapon with muzzle energy no more than 7,5 J and bore up to 4,5 mm without receipt of permission.
2. Foreigners who have arrived on the territory of the Republic of Kazakhstan for the purpose of tourism, on private and official business and registered with the internal affairs bodies in accordance with the established procedure for residence on the territory of the Republic of Kazakhstan shall have the right to purchase civilian weapons on a general basis at the request of diplomatic missions of the states, citizens which they are, subject to their export from the Republic of Kazakhstan within seven days from the date of its purchase.
3. Diplomatic and administrative and technical staff of embassies, accredited in the Republic of Kazakhstan shall be allowed to import, acquire and export non-military weapon in the cases and in the manner, established by interstate agreements. By this, the mentioned weapon shall be subject to registration compulsorily in the authorized body in the scope of control of turnover of weapon.
4. Non-military weapon and ammunition to it may be imported by foreign persons in the territory of the Republic of Kazakhstan in existence of the contract for hunting or invitation for taking part in sporting events and on the basis of the relevant conclusion of the authorized body in the scope of control of turnover of weapon. Imported weapon shall be exported from the Republic of Kazakhstan within the terms, established by contract or invitation.
5. Import of the military hand-held small arms weapon in the territory of the Republic of Kazakhstan, their export from the territory of the Republic of Kazakhstan, as well as transit through the territory of the Republic of Kazakhstan by employees of foreign law enforcement bodies, special services and paramilitary organizations, arrived in the Republic of Kazakhstan according to invitation or due to performance of their official duties, shall be carried out in accordance with the conclusion of the heads of the relevant bodies in the manner, determined by the Government of the Republic of Kazakhstan.
6. Weapon, imported in the territory of the Republic of Kazakhstan shall be used in accordance with the legislation of the Republic of Kazakhstan.
7. Violation of terms of exporting weapon and ammunition to it by foreign persons from the Republic of Kazakhstan shall entail its withdrawal till solving the question in the manner, established by the Law.
8. The state duty shall be collected for issuance of conclusion on import of non-military and service weapon and ammunition to it in the territory of the Republic of Kazakhstan and their export from the territory of the Republic of Kazakhstan in accordance with the tax legislation of the Republic of Kazakhstan.
9. The right of granting or selling their imported non-military weapon shall be preserved for foreign persons in the manner, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 26 as amended by Laws of the Republic of Kazakhstan № 11 dated 13.12.2004 (shall be enforced from 01.01.2005); № 318 dated 27.07.2007 (see Article 2 for the enactment procedure); № 107-V dated 21.06.2013 (shall be enforced from 01.01.2014); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated April 30, 2021 № 34-VII (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 27. Storage, carrying, transporting, collecting, exposing and destroying civil and service weapons and cartridges to them
Footnote. Title of Article 27 is in the wording of Law of the Republic of Kazakhstan № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication).
1. Storage of non-military and service weapons and cartridges is allowed to legal entities and individuals who have received permission to store, store and carry weapons in the internal affairs bodies.
2. Legal entities and individuals are prohibited to store and use firearms that they have found or transferred in violation of the legislation of the Republic of Kazakhstan that they are not the owners. Such weapons are subject to immediate delivery to the internal affairs bodies.
3. Legal entities and individuals who have the appropriate licenses from the internal affairs bodies have the right for collecting and exhibiting of non-military and service weapons on the territory of the Republic of Kazakhstan are open to.
It is prohibited to exhibit non-military and service weapons in a state that allows the production of a shot.
4. The procedure for registering, storing, carrying, transporting, collecting, exhibiting and destroying of non-military and service weapons and cartridges to them is determined by the authorized body in the field of arms control.
Footnote. Article 27 as amended by Laws of the Republic of Kazakhstan № 209 dated 29.12.2006 (see Article 2 for the enactment procedure); № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication).Chapter 6. Powers of the Government of the Republic of Kazakhstan, bodies of internal affairs in the scope of turnover of weapon
Article 28. Competence of the Government of the Republic of Kazakhstan in the scope of turnover of weapon
The Government of the Republic of Kazakhstan in the sphere of weapons turnover:
1) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);2) Is excluded – by № 222 dated 12.01.2007 );
3) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);
3-1) establishes the procedure for the formation of the State bullet and shell casing repository;
4) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);5) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
6) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
7) Is excluded by № 222 dated 12.01.2007);
8) Is excluded);
9) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
10) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
11) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
12) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 28 as amended by Laws of the Republic of Kazakhstan № 11 dated 13 December 2004, (shall be enforced from 1 January 2005); № 13 dated 20 December 2004, (shall be enforced from 1 January 2005); № 209 dated 29 December 2006 (see Article 2 for the enactment procedure); № 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date of its official publication); № 318 dated 27 July 2007 (see Article 2 for the enactment procedure); dated 05.07.2011 № 452-IV (shall be enforced from 13.10.2011); dated 05.07.2011 № 452-IV (shall be enforced from 13.10.2011); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 29. The competence of the bodies of internal affairs in the sphere of turnover of non-military and service weapons
1. The authorized body in the sphere of control over the weapons turnover:
1) excluded by Law of the Republic of Kazakhstan № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication);2) organizes and exercises state control over the circulation of civilian and service weapons and ammunition thereto;
3) issues licenses for:
the right to design, produce, repair, trade, collect, exhibit non-military and service weapons and cartridges to them;
the right to design, produce, trade, use non-military pyrotechnic substances and products with their use;
4) issues conclusions on import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan, as well as transit throughout the territory of the Republic of Kazakhstan of non-military and service weapons and cartridges to them;
4-1) is excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);5) (is excluded)
6) develops and approves the Cadastre of non-military and service weapons and cartridges to them;
7) develops technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;
8) develop forensic requirements and methods for testing civil and service weapons and cartridges for them, as well as constructively similar to weapons products;
8-1) develops and approves:
the rules for turnover of non-military and service weapons and ammunition;
the rules for safe handling of non-military and service weapons;
programs for the training and retraining of owners and users of non-military and service weapons;
criteria for organizations engaged in the training and retraining of owners and users of non-military and service weapons;
8-2) approve forensic requirements and methods for testing civil and service weapons and cartridges for them, as well as constructively similar to weapons products;
8-3) establishes the procedure for voluntarily surrender of illegally stored firearms, ammunition and explosives by the citizens;
8-4) determines the procedure for the design, publication and maintenance of the State Cadastre of non-military and service weapons and cartridges to them;
8-5) is excluded by the Law of the Republic of Kazakhstan dated March 18, 2019 № 237-VI (shall be enforced upon expiry of twenty calendar days after the day its first official publication);8-6) approves technical regulations in the sphere of turnover of non-military and service weapons and cartridges to them;
9) exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. The powers of territorial bodies of internal affairs and transport, exercising state control over the turnover of civilian and service weapons and ammunition thereto, shall be governed by this Law and other normative legal acts of the Republic of Kazakhstan regulating the circulation of weapons.
Footnote. Article 29 as amended by Laws of the Republic of Kazakhstan № 297 dated 22 February 2002,; № 13 dated 20 December 2004, (shall be enforced from 1 January 2005); № 09 dated 29 December 2006 (see Article 2 for the enactment procedure); № 222 dated 12 January 2007 (shall be enforced upon expiry of 6 months from the date if its official publication); № 318 dated 27 July 2007 (see Article 2 for the enactment procedure); № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012); № 107-V dated 21.06.2013 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 200-V dated 23.04.2014 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 479-V dated 29.03.2016 (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); № 237-VI as of 18.03.2019 (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication); dated 06.04.2024 № 71-VIII (effective sixty calendar days after the date of its first official publication).Chapter 7. Final provisions
Article 30. State control of turnover of weapon
1. State control over the circulation of civilian and service weapons and ammunition to them on the territory of the Republic of Kazakhstan is performed by internal affairs bodies in the form of inspections.
The procedure for conducting an inspection shall comply with Article 30-1 of this Law.
The state control over the turnover of weapons in the arsenal of the Armed Forces, other troops and military formations, special state and law enforcement bodies is exercised by the heads of these bodies in the order determined by the Government of the Republic of Kazakhstan.
1-1. The inspection shall be conducted on the basis of:
1) the act on the appointment of inspection;
2) control over the execution of injunctions on rectifying the identified violations.
2. Officials of internal affairs bodies authorized to conduct inspections are entitled to:
1) unhindered access to the territory and premises of the subject (object) of control and supervision in accordance with the subject of inspection upon presentation of the documents specified in subparagraphs 1) and 2) of part one of paragraph 2 of Article 30-1 of this Law;
1-1) inspect weapons on the territory of the Republic of Kazakhstan in places of their development, production, repair, trade, collecting, display, storage, use and destruction;
2) gratuitously confiscate and destroy in the established procedure the weapons prohibited for circulation in the territory in accordance with Article 7 of this Law, with the exception of weapons acquired before the enforcement of this Law and legally owned by their owners;
3) receive documents (information) on paper and electronic media or copies thereof for inclusion in the report on the inspection results and the injunction on rectifying the identified violations, as well as access to automated databases (information systems) in accordance with the subject of the inspection and compliance with requirements on state secrets and other secrets protected by law of the Republic of Kazakhstan;
4) to give instructions mandatory for both individuals and legal entities on elimination of these violations upon revealing violations of established rules;
5) to carry out checks that are of a sudden nature, including after-hours (night, weekend or public holidays), for compliance with the requirements for ensuring the safety of weapons and cartridges;
6) to remove weapons and cartridges and hand them over to the internal affairs authorities until the violations are identified if violations of the requirements of storage conditions and technical strengthening established by the legislation of the Republic of Kazakhstan are found;
6-1) make audio, photo and video filming;
6-2) engage specialists, consultants and experts state bodies, subordinate and other organizations;
7) to take other measures stipulated by the legislation of the Republic of Kazakhstan.
3. Officials of the bodies authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them are obliged to carry out inspections of legal entities at least once a quarter, owners of civilian weapons - at least once a year.
4. When exercising state control over the turnover of non-military and service weapons and cartridges to them on the territory of the Republic of Kazakhstan, the distribution of the audited subjects (objects) in groups is not required on the basis of risk assessment, drawing up of checklists, registration of acts on the appointment of inspections in the authorized body on legal statistics and special records, notification of the audited entity about the beginning of the audit.
5. Officials of the bodies authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them shall keep departmental records of the drawn up acts on the purpose and results of the inspection.
6. During an inspection the control subjects or their authorized representatives are entitled:
1) to deny admission to officials of the bodies authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them , who arrived to conduct an inspection, in the following cases:
absence of documents referred to in subparagraphs 1) and 2) of part one of paragraph 2 of Article 30-1 of this Law;
exceeding or expiration of the time limits specified in the act on appointment of the inspection, which do not correspond to the time limits established by Article 30-1 of this Law;
2) involve third parties in the inspection to represent their interests and rights, as well as for third parties to record the process of the inspection, and individual actions of an official of the body authorized to exercise state control, carried out as part of the inspection, using audio means and video equipment, without creating obstacles to the actions of an official of the body authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them .
3) appeal the act on the inspection results in the manner established by the legislation of the Republic of Kazakhstan.
7. When conducting an inspection, the control subject is obliged to:
1) ensure unimpeded access for officials of the bodies authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them to the territory and premises of the control subject (object);
2) present to the official of the bodies authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them, documents (information) on paper and electronic media or copies thereof for inclusion in the report on the inspection results and the injunction on rectifying the identified violations in compliance with the requirements on state secrets and other secrets protected by law of the Republic of Kazakhstan;
3) make a note about receipt of the report on the inspection results and the injunction on rectifying the identified violations on the day the inspection is completed;
4) not to allow changes and additions to the inspected documents (information) of the subjects (objects) of control and supervision during the inspection period;
5) ensure the safety of persons who arrived to conduct the inspection from harmful and dangerous production factors in accordance with the standards established for this facility.
Footnote. Article 30 in the new wording of Law of the Republic of Kazakhstan № 28-VІ dated 22.12.2016 (shall be enforced upon expiry of tеn calendar days after the day its first official publication); dated 06.04.2024 № 71-VIII (effective sixty calendar days after the date of its first official publication).Article 30-1. Inspection procedure
1. The inspection shall be conducted on the basis of an act on the appointment of the inspection and with a visit to the control subject (object).
2. Officials of internal affairs bodies authorized to conduct an inspection, when inspecting control subjects (objects) engaged in circulation of civilian and service weapons and ammunition to them , shall present:
1) an act on appointment of inspection;
2) service ID.
The act on appointment of inspection shall indicate:
1) number and date of the act;
2) name of the state body;
3) last name, first name, patronymic (if it is indicated in the identity document) and position of the official of the internal affairs bodies authorized to conduct the inspection;
4) information about specialists, consultants and experts of state bodies, subordinate and other organizations involved in the inspection;
5) the name of the control subject or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection is appointed, his location, identification number, list of facilities, area of the territory;
6) the subject of the assigned inspection;
7) the period for conducting the inspection;
8) the grounds for conducting the inspection, including regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to inspection;
9) period under inspection;
10) the rights and obligations of the control subject provided for in paragraphs 6 and 7 of Article 30 of this Law;
11) signature of an official of the internal affairs bodies authorized to sign acts, seal of the internal affairs body;
12) signature of the head of the legal entity or its authorized person, an individual on receipt or refusal to accept the act on the appointment of inspection.
3. The duration of the inspection shall be set depending on the scope of work to be accomplished and the tasks assigned and shall not exceed five working days.
4. The duration of the inspection can be extended only once by the head of the internal affairs body of the Republic of Kazakhstan or a person replacing him, only if it is necessary to conduct complex and (or) lengthy examinations, obtain information from foreign government bodies within the framework of international treaties and establish the location of the person in respect of whom the inspection is conducted.
The period for extending the inspection shall not exceed three working days from the date of receipt of the examination results, information from foreign government bodies and establishment of the location of the person.
Extension of the inspection period shall be formalized by an additional act on the extension of the inspection period with a notification to the control subject, which shall indicate the number, date of registration of the previous act on the appointment of inspection and the reason for the extension.
The notification of extension of the inspection period shall be delivered to the control subject by the authorized body one working day before the extension with a notice of delivery.
5. The start of the inspection shall be deemed to be the date of delivery to the control subject or his authorized person of the act on appointment of the inspection.
6. In cases of refusal to accept the act on appointment of the inspection or obstruction of access of an internal affairs official authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them to the object of control, failure to provide materials and information necessary for conducting the inspection, measures shall be taken in accordance with the laws of the Republic of Kazakhstan.
7. Issuing from the inspection findings, the internal affairs servant (servants) conducting the inspection shall draw up a report on the inspection results and an injunction on rectifying the identified violations.
The first copy of the report on the inspection results and the injunction on rectifying the identified violations with copies of attachments, except for copies of documents available in the original at the control subject (object), on paper against signature or in electronic form shall be handed over to the control subject (the head of the legal entity or his authorized representative) for familiarization and taking measures to rectify the identified violations and other actions, the second copy shall remain in the internal affairs bodies.
8. The report on the inspection results shall indicate:
1) number, date, time and place of drawing up the act;
2) name of the state body;
3) date and number of the act on appointment of the inspection;
4) surname, first name, patronymic (if it is indicated in the identity document) and position of the official of the internal affairs body who conducted the inspection;
5) information about specialists, consultants and experts of state bodies, subordinate and other organizations involved in the inspection;
6) the name of the control subject or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection is appointed, his location, identification number, list of facilities, area of the territory;
7) date, place and period of the inspection;
8) information on the inspection results, including the violations detected and their nature;
9) information about familiarization or refusal to familiarize with the act on the inspection results of the control subject or his authorized person, their signatures or refusal to sign, as well as a note on the presence of comments and (or) objections on the inspection results;
10) signature of the official of the internal affairs body who conducted the inspection.
9. In the absence of violation of the requirements established in the turnover of civilian and service weapons and ammunition to them, during the inspection a corresponding entry shall be made in the act on the inspection results.
10. In cases when the inspection revealed facts of non-fulfillment and (or) improper fulfillment by the control subject of the obligations established in the circulation of civilian and service weapons and ammunition to them, the official of the internal affairs body authorized to conduct the inspection, within his authority, shall take measures provided for by law of the Republic of Kazakhstan eliminating the identified violations, preventing them, excluding possible harm to life, human health and the environment, the rights and legitimate interests of individuals and legal entities, as well as measures to bring persons who committed violations to responsibility established by the laws of the Republic of Kazakhstan.
11.In the injunction on rectifying the discovered violations the following shall be indicated:
1) date, time and place of issuing the injunction;
2) surname, first name, patronymic (if it is indicated in the identity document) and position of the official of the internal affairs body who conducted the inspection;
3) the name of the control subject or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection was appointed, the position of the representative of the control subject who was present during the inspection (if any);
4) the object of control indicating the location;
5) number and date of the report on the inspection results;
6) the list of identified violations and requirements to rectify the identified violations, indicating the deadline for rectifying them;
7) information about familiarization or refusal to familiarize with the injunction of the control subject or his authorized representative, their signatures or refusal to sign;
8) signature of the official of the internal affairs body who conducted the inspection.
12. In case of refusal to accept an act on the inspection results and an injunction on rectifying the identified violations, an act shall be drawn up, which is signed by the official of the internal affairs bodies authorized to conduct the inspection, and the control subject (the head of the legal entity) or his authorized representative. The control subject or his authorized representative has the right to refuse to sign the act by giving a written explanation of the reason for the refusal.
13. Completion of the inspection period is considered to be the day of delivery to the control subject of the report on the inspection results no later than the end date of the inspection specified in the act on appointment of the inspection or an additional act on the extension of the inspection period.
14. The time frame for rectifying the identified violations specified in the injunction on rectifying the identified violations shall be establshed with regard to the circumstances affecting the real possibility of its execution, but no more than thirty calendar days from the date of delivery of the injunction on rectifying the revealed violations.
In case of failure to provide information on the elimination of revealed violations, the official of the internal affairs body authorized to exercise state control over the circulation of civilian and service weapons and ammunition to them shall assign a repeat inspection.
15. If the repeat inspection reveals facts of non-fulfillment and (or) improper fulfillment by the control subject of the obligations established in the circulation of civilian and service weapons and ammunition to them, the official of the internal affairs body authorized to conduct the inspection, within his authority, shall take measures to bring the control subject to responsibility established by the laws of the Republic of Kazakhstan.
16. In the presence of comments and (or) objections on the inspection results, the control subject or his representative shall state them in writing. Comments and (or) objections shall be attached to the report on the inspection results or the injunction on rectifying the identified violations, on which a corresponding note shall be made.
Internal affairs bodies must examine comments and (or) objections to the report on the inspection results or the injunction on rectifying the identified violations, administrative measures, and within fifteen working days give a reasoned response on the measures taken.
17. The act on the inspection results and (or) the injunction on rectifying the identified violations may be appealed in the procedure established by the legislation of the Republic of Kazakhstan.
18. The report on the inspection results and (or) the injunction on rectifying the identified violations, recognized by a higher state body or court as invalid, may not be evidence of a violation by the control subject of the requirements established in the circulation of civilian and service weapons and ammunition to them.
19. Gross violations of the requirements for organizing and conducting inspections include:
1) absence of grounds for conducting an inspection;
2) absence of an act on appointment of an inspection;
3) appointment of an inspection on issues that are not within the competence of the internal affairs body;
4) non-observance of the time limits for conducting an inspection provided for in this article.
Footnote. Chapter 7 is supplemented by Article 30-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (effective sixty calendar days after the date of its first official publication).Article 31. Supervision of observance of legality in the sphere of state control over the circulation of certain types of weapons
The highest supervision of compliance with the law in the sphere of state control over the turnover of certain types of weapons is carried out by the prosecutor's office of the Republic of Kazakhstan.
Footnote. Article 31 in the new wording of Law of the Republic of Kazakhstan № 91-VI dated 11.07.2017 (shall be enforced upon expiry of tеn calendar days after the day of its first official publication).Article 32. Responsibility for violation of the legislation in the scope of state control of turnover of particular types of weapon
Legal entities and individuals shall bear responsibility for violation of the legislation in the scope of state control of turnover of particular types of weapon in accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 32 as amended by Law of the Republic of Kazakhstan № 209 dated 29 December 2006 (see Article 2 for the enactment procedure).Article 33. Bringing of regulatory legal acts to conformity with this Law
Legislation of the Republic of Kazakhstan, being in force as from the date of enforcement of this Law shall be applied in the part, not inconsistent with it, and shall be brought to conformity with it within three months from the date of its enforcement.
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The President of the Republic of Kazakhstan |
