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LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 18, 2019 No. 236-VI ZRK

About defense industry and the state defense order

(as amended of the Law of the Republic of Kazakhstan of 31.03.2021 No. 24-VII ZRK)

This Law governs the public relations in the field of defense industry, the state defense order, and also single questions of turnover of arms and military equipment.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) military works - the activities connected with designing, construction, capital repairs of defense objects, development, production (assembly), capital repairs, upgrade of arms, the military, automotive and special equipment, technical and special means, information, telecommunication and geographic information systems, automated control systems and also the scientific research and other activities connected with ensuring defense, safety and law and order in the state, having material result;

2) the domestic supplier of military works and military services (further - the domestic supplier of works, services) - the legal entity who is resident of the Republic of Kazakhstan, having potential to perform military works and to render military services of required quality;

3) military services - the activities connected with delivery, the technical and regulated maintenance, engineering certification and diagnostics, technical maintenance, servicing and repair of arms, the military, automotive and special equipment, technical and special means, realization, liquidation by means of destruction, utilization, burial and conversion of idle property and also the scientific research and other activities connected with ensuring defense, safety and law and order in the state, which do not have material result;

4) goods military (products) - arms, the military, automotive and special equipment, technical and special means, ware property and special property, documentation, objects of intellectual property right, the equipment for production, testing of goods of military (products), component parts and spare parts to the specified goods (products);

5) domestic manufacturer of goods of military (products), goods (products) of dual purpose (application) (further - domestic producer) - the legal entity who is resident of the Republic of Kazakhstan and having production capacities in the territory of the Republic of Kazakhstan, necessary for production of goods of military (products), goods (products) of dual purpose (application) of required quality;

6) military representations - the isolated structural divisions of the Ministry of Defence of the Republic of Kazakhstan placed in the organizations irrespective of patterns of ownership for control of quality and acceptance of the delivered goods of military (products), goods (products) of dual purpose (application), the performed military works and the rendered military services within the state defense order;

7) military equipment - fighting vehicles, warships (motor boats and military auxiliary vessels), military aircrafts, and also the ships (motor boats and other vessels), aircrafts and other aircraft which equip Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan;

8) military technical assistance (technical assistance) - provision (obtaining) on non-paid or other preferential basis to foreign state (from foreign state, the international organization) arms, military equipment and other goods of military (products), goods (products) of dual purpose (application), military works and military services, and also services in technical support, training of specialists;

9) military and technical cooperation - the activities in the field of the international relations connected with satisfaction needs of military of the organizations of the states and also support and (or) development of their defense industry;

10) subjects of military and technical cooperation - state bodies, and also the legal entities having the right to the corresponding type of activity concerning goods of military (products), goods (products) of dual purpose (application), military performance of works and rendering military services according to the legislation of the Republic of Kazakhstan;

11) subjects of scientific and (or) scientific and technical activities - the legal entities performing scientific and (or) scientific and technical activities, requirements to which are determined by rules of the organization and carrying out scientific research within the state defense order;

12) upgrade - complex of works as a result of which accomplishment separate tactical and technical elements of arms, the military, automotive and special equipment, technical and special means with preserving their basic purpose in former condition which are characterized by replacement of obsolete samples, the technical means and components used in them new, more modern (or application of new technical solutions), the sample tactical technical characteristics directed to improvement change;

13) repair - complex of transactions on recovery of operability or working capacity, elimination of causes of failure and recovery of the spent resource of mechanisms, components or their components of arms, the military, automotive and special equipment, technical and special means;

14) arms - the different types of weapon, complexes and systems intended for defeat of manpower, the equipment and infrastructure facilities, destruction of structures (strengthenings), the means imitating the specified components, ammunition, and also systems, devices, carriers and devices;

15) turnover of arms and military equipment - development, production, repair, acquisition and realization, installation, adjustment, upgrade, installation, use, storage, repair and field service, transfer, liquidation by means of destruction, utilizations, burials and conversion, import to the Republic of Kazakhstan and export from the Republic of Kazakhstan arms and military equipment;

16) defense industry - industry which functioning provides production of goods of military (products), goods (products) of dual purpose (application), military performance of works and rendering military services for the purpose of development of defense and industrial potential;

17) defense and industrial potential - capability of domestic producers and domestic suppliers of works, services to carry out tasks on ensuring needs of Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan in goods of military (products), goods (products) of dual purpose (application), military works and military services, and also orders of foreign customers;

18) defense industry complex - the component of military organization of the state including set of legal entities irrespective of patterns of ownership which public relations arise in the field of defense industry;

19) the organizations of defense industry complex - the domestic producers and domestic suppliers of works, services having licenses in the field of turnover of arms and military equipment;

20) upgrade of the organizations of defense industry complex - complex of works on technical retrofitting of production, to attraction and implementation of the new technologies allowing to increase production efficiency, to expand the nomenclature of the made goods of military (products), including creation of new samples of arms and military equipment, military performance of works and rendering military services;

21) goods (products) of dual purpose (application) - products and technologies which are used in the civil purposes, but can be used or in subsequent are reorientated and used as goods military (products);

22) the state defense order - the legal act of the Government of the Republic of Kazakhstan approving the list (nomenclature) of goods of military (products), goods (products) of dual purpose (application), military works and military services, acquired for needs of defense, safety and law and order in the state, activities of special state and law enforcement agencies of the Republic of Kazakhstan, the state material reserve, mobilization, space activities, and also accomplishment by the Republic of Kazakhstan of international treaties and obligations;

23) the receiver of the state defense order - the central executive body, state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, their departments submitting the application for purchase of goods of military (products), the goods (products) of dual purpose (application), military works and military services which are part of the state defense order, and the receiving corresponding goods (products), works, services;

24) the register of domestic manufacturers of goods of military (products), goods (products) of dual purpose (application) and domestic suppliers of military works and military services of the state defense order (further - the register) - the list of legal entities irrespective of the patterns of ownership performing activities for production of goods of military (products), goods (products) of dual purpose (application), performing military works and rendering military services, conforming to qualification requirements;

25) the contractor of the state defense order - the authorized organization and the legal entity performing accomplishment of the state defense order;

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