Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 19, 2000 No. 85-II

About security activities

(The last edition from 12-07-2018)

This Law establishes the legal basis of security activities in the territory of the Republic of Kazakhstan, determines the status and powers of the subjects performing protection and security activities.

Chapter 1. General provisions

Article 1. Concept of security activities

1. Security activities are understood as implementation by legal entities of activities for rendering services in protection of life, health and property of physical persons, and also property of legal entities from illegal encroachments (security services).

2. Operation of this Law extends to the private security organizations and specialized security division of law-enforcement bodies if other is not provided by the laws, acts of the President and the Government of the Republic of Kazakhstan of law-enforcement bodies.

3. Operation of this Law does not extend to protection of other benefits and legitimate interests of the citizens and legal entities connected with health sector, intellectual property, the state secrets, trade secret if other does not follow from the legislation.

Article 1-1. The objects which are subject to the state protection

1. Especially important state and strategic objects are subject to the state protection; objects of the industries of economy having strategic importance and belonging to legal entities in whose authorized capital the state directly or indirectly holds controlling stock (share).

Protection of the objects which are subject to the state protection is performed by the state bodies specialized by security divisions of law-enforcement bodies, Armed Forces, other troops and military forming of the Republic of Kazakhstan, and also special state bodies.

2. The procedure for determination of the objects which are subject to the state protection is determined by the Government of the Republic of Kazakhstan.

Lists of the objects which are subject to the state protection affirm the President of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan according to their powers.

3. The first heads of the objects which are subject to the state protection shall provide their technical reinforcement according to the requirements determined by the Government of the Republic of Kazakhstan.

4. For the purpose of forming of competitive environment in the field of rendering security services protection of the objects which are not included in the lists specified in part two of this Article can be performed by the private security organizations on the basis of contracts with physical persons and legal entities according to the legislation of the Republic of Kazakhstan.

Article 2. The legislation of the Republic of Kazakhstan in the field of security activities

The legal basis of implementation of security activities is constituted by the Constitution of the Republic of Kazakhstan, this Law, the international agreements ratified by the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Tasks of security activities

The main objectives of security activities are:

1) protection of life and health of physical persons against criminal and other illegal encroachments;

2) protection of property of physical persons and legal entities against illegal encroachments.

Article 4. Principles of security activities

1. Security activities are based on the constitutional principles of legality, respect and observance of rights and freedoms of man and citizen, and also accounting of the vital interests of the personality, society and state.

2. Implementation of security activities shall not violate the rights and freedoms of the third parties.

Article 5. Licensing and restrictions of implementation of security activities

1. Security activities are subject to licensing according to the procedure, determined by the Law of the Republic of Kazakhstan "About permissions and notifications", taking into account the features provided by this Law. The legal entities who do not have the license for implementation of security activities are forbidden to render security services.

The security activities performed by specialized security divisions of law-enforcement bodies are not subject to licensing.

2. Preparation and advanced training of the workers holding positions of the head and security guard in the private security organization are made in specialized training centers, being legal entities, determined by authorized body.

Subjects of security activities with observance of requirements of the legislation in the field of protection of the state secrets for the purpose of experience exchange, advanced training of the specialists, implementations and uses of modern technical means and technologies of protection have the right to attract the foreign companies in the field of security activities.

3. In the territory of the Republic of Kazakhstan activities of the security organizations of foreign states are forbidden.

4. Foreign legal entities, legal entities with foreign participation, foreigners, and also stateless persons have no right:

1) to perform all types of security activities;

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Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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