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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2019 No. 602

About approval of Rules of turnover of civil and office weapon and cartridges to it

(as amended on 28-07-2021)

According to subitem 8-1) of Item 1 of article 29 of the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon" I ORDER:

1. Approve attached Rules of turnover of civil and office weapon and cartridges to it.

2. To provide to committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

4) the 6th order submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), and 3) of this Item.

3. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

E.Turgumbayev

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

 

It is approved

Ministry for Culture and Sports of the Republic of Kazakhstan

 

 

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 1, 2019 No. 602

Rules of turnover of civil and office weapon and cartridges to it

Chapter 1. General provisions

1. These rules of turnover of civil and office weapon and cartridges to it (further - Rules) according to the Law of the Republic of Kazakhstan of December 30, 1998 "About the state control of turnover of separate types of weapon" (further - the Law) regulate turnover of civil and office weapon and cartridges to it, including production, realization (trade) transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, withdrawal, destruction, import to the territory of the Republic of Kazakhstan, export from the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan.

Turnover of military person-portable small arms is performed according to the procedure, established by the Government of the Republic of Kazakhstan.

The procedure for withdrawal, accounting, storage, the transfer and destruction of weapon and ammunition recognized by physical evidences on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination is established by the order of the Government of the Republic of Kazakhstan No. 1291 of December 9, 2014 "About approval of Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination";

The procedure for the acceptance, accounting, storage and ensuring safety withdrawn on administrative and civil cases, which is voluntarily handed over, the found weapon, cartridges is established by Regulations of Admission, accounting, storage and ensuring safety in law-enforcement bodies of the withdrawn, voluntarily handed over, found weapon, ammunition, explosive materials approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 24, 2015 No. 150 (it is registered in the Register of state registration of regulatory legal acts No. 10565).

2. In Rules the following basic concepts are used:

1) turnover of civil and office weapon, cartridges to it and gunpowder – production, realization (trade) transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, withdrawal, destruction, import to the territory of the Republic of Kazakhstan and export from the Republic of Kazakhstan of civil weapon, cartridges to it and gunpowder legal entities and physical persons;

2) legal person supplier - the organizations which obtained in the procedure established by the legislation licenses for trade in civil and office weapon and cartridges to it;

3) manufacturer - the organizations which obtained in the procedure established by the legislation licenses for production of civil and office weapon and cartridges to it;

4) the registered weapon - the civil and office weapon registered in law-enforcement bodies established procedure on which is issued permission to storage, storage and carrying or registered "The registered weapon" of the Integrated databank Ministry of Internal Affairs of the Republic of Kazakhstan;

4-1) boss - the device intended for shot from weapon, combining in single whole by means of sleeve of means of initiation (cap), propellant powder (gunpowder hunting) and metayemy equipment (bullet, fraction);

5) legal entities with singular authorized problems - the organizations to which the functions connected with use and use of office weapon are assigned;

6) production of civil and office weapon and cartridges to it - research, development, production, testing, assembly, art finishing, repair, alteration and destruction of civil and office weapon, production of cartridges and their components;

7) realization (trade) of civil and office weapon and cartridges to it - retail trade by civil and office weapon and cartridges to it legal persons suppliers to the legal entities and physical persons having the right to their acquisition according to requirements of these rules;

8) sale of civil and office weapon - sale of weapon or cartridges, legal entities with singular authorized problems, the legal entities who are engaged in production of weapon, state bodies which officials are given the right of storage and carrying firearms, legal entities and physical persons which are engaged in collecting or exhibiting of weapon, the okhotokhozyaystvenny organizations, the sports organizations, the organizations of education by citizens of the Republic of Kazakhstan, foreigners, legal entities, representatives to conduct scientific medical research in weapon scope, including with cartridges of traumatic and gas action through legal entities of suppliers or without them in the cases established by these rules;

9) temporary use by weapon - use of office weapon by employees of the okhotokhozyaystvenny organizations, sports organizations, legal entities with singular authorized problems, state bodies which officials are given the right of carrying or storage and carrying firearms;

10) the centers - specialized training centers on preparation and advanced training of the workers holding positions of the head and security guard in the private security organization and the centers of special training of owners and users of civil and office weapon, the sports organizations as a part of accredited Republican federation for shooting sports (bullet, bench, practical), according to the order of the Minister for Culture and Sports of the Republic of Kazakhstan of November 27, 2014 No. 121 "About approval of Rules of accreditation of sports federations" (registered in the Register of state registration of regulatory legal acts for No. 10095);

11) the registration certificate of the athlete – the document confirming passing by the athlete of registration in republican, regional accredited sports federation on sports and the confirmatory status of the citizen who is regularly engaged in sports firing;

12) Item of centralized storage of weapon (further - PTsH) - the room for storage of civil and office weapon and cartridges to it, meeting the requirements of Item 120, of 121, of 122 these rules;

13) prototypes mass-dimensional, made of military weapon - the civil or office weapon given, factory method or in weapon repair shop, in condition unsuitable for production of shot service (hunting) cartridge, including with possibility of imitation of shot from it the boss of light-sound action or without possibility of imitation of shot from it;

14) weapon repair shop - the organizations which obtained in the procedure established by the legislation licenses for repair of civil and office weapon and cartridges to it;

15) collection weapon - the civil and office weapon which is not prohibited to turnover in the territory of the Republic of Kazakhstan;

16) product, structurally similar to weapon, - the product, structurally similar to weapon, meeting the requirements of paragraph 2 of Criminalistic requirements and test methods of civil and office weapon and the cartridges to it approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 16, 2015 No. 219 (it is registered in the Register of state registration of regulatory legal acts No. 10747).

Chapter 2. Procedure for production of civil and office weapon and cartridges to it

3. Manufacturers are engaged in production of civil and office weapon and cartridges.

4. Manufacturers perform the following types of activity:

1) the research connected with creation of new types and models of civil and office weapon or cartridges;

2) development of prototypes of new types or models of civil and office weapon or cartridges in the course of carrying out developmental works, and also development and examination of scientific and technical documentation on production of weapon or cartridges;

3) testing of civil and office weapon or cartridges for determination of their technical characteristics (properties), establishments of deadlines of service and safe use;

4) production of civil and office weapon or cartridges, including assembly of weapon and creation of the main parts of firearms or components of cartridges (sleeves, caps, gunpowder, bullets, fraction and case-shot), assembly and equipment of cartridges;

5) art finishing of civil and office weapon without entering of constructive changes into its main parts and with preserving technical and criminalistic characteristics of weapon. In case of art finishing of weapon it is allowed, to apply precious metals, precious and semiprecious stones, and also the materials and technologies which are not necessary in case of production of specific model of weapon;

6) repair of civil and office weapon, including its reduction in the working condition by elimination of defects of details or their replacement, and also recovery of appearance and elements of art finishing of weapon.

5. Manufacturers exercise control of production of weapon and cartridges, the connected with works, proper qualities of products, its accounting and safety ensure safety.

6. To manufacturers, it is not allowed:

1) to perform production of types and types of weapon or the cartridges which are not provided in the license;

2) production of weapon, except for mechanical sprayers, aerosol and other devices equipped with the tear or irritating substances without individual number;

To appropriate 3) to weapon or cartridges, marking of similar weapon or the cartridges which are in circulation in the territory of the Republic of Kazakhstan;

4) to make weapon and cartridges to it for deliveries to Armed Forces, other troops and military forming, special state and law enforcement agencies;

To involve 5) with weapon and cartridges of persons which did not reach eighteen flight age having not extinguished or not removed in the procedure for criminal record established by the law for crime execution, medical contraindications to ownership of weapon and the rules of safe handling of weapon which did not undergo examinations.

7. Issue, renewal of licenses for production of weapon or cartridges are performed by Departments of police of the Ministry of Internal Affairs of the Republic of Kazakhstan according to Qualification requirements and to the list of the documents confirming compliance to them, for activities for development, production, repair, trade, collecting, exhibiting of civil and office weapon and cartridges to it, approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 8, 2015 No. 5 (it is registered in the Register of state registration of regulatory legal acts No. 10352).

For execution of the license the legal entity submits to territorial authority of internal affairs documents according to requirements of Rules of rendering the state services "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting of Civil and Office Weapon and Cartridges to It" approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan on March 27, 2020 No. 254 (it is registered in the Register of state registration of regulatory legal acts No. 20184).

8. Verification of the submitted documents, persons having access to weapon and cartridges, inspection of production sites and storage of weapon or cartridges and control of use of licenses are performed according to the procedure, established by the Law.

The admission of person having access to weapon is drawn up, at least once in five years, by the head of manufacturer in any form, after idea by the drawn-up person of certificates of lack of criminal record, the medical certificate of lack of contraindications to ownership of weapon, issued by authorized body in the field of health care in the form No. 076/at approved by the order of the acting minister of health care of the Republic of Kazakhstan of October 30, 2020 No. KR DSM-175/2020 (it is registered in the Register of state registration of regulatory legal acts No. 21579), and also certificates of passing of the program of preparation (retraining) of owners and users of civil and office weapon on knowledge of rules of safe handling of civil and office weapon.

Chapter 3. Procedure for realization (trade) for civil and office weapon and cartridges to it

9. Arms trade and cartridges in the territory of the Republic of Kazakhstan have the right to perform the legal entities producing weapons and cartridges based on licenses and also legal persons suppliers.

Realization of civil and office weapon and cartridges to it, and also products, structurally similar to weapon, is allowed only by legal entities - suppliers from trade floor.

10. Legal persons suppliers are allowed to perform pre-sale preparation and adjustment of weapon.

11. Legal persons suppliers:

1) is sold by the weapon and cartridges to it having the certificate of conformity of body for confirmation of conformity and the conclusion about compliance to criminalistic requirements;

2) is provided by accounting of the acquired and sold weapon, and also storage of accounting documentation within ten years;

3) are represented to the state pulegilzoteka of bullet and sleeve shot from the sold office and civil fire cut weapon according to the procedure, No. 429 established by the order of the Government of the Republic of Kazakhstan of June 24, 2019 "About approval of Rules of forming of the State pulegilzoteka".

Control shooting of domestic weapon make manufacturers with introduction of the corresponding entries in manufacturer's certificates of origin.

Control shooting of import weapon are made by law-enforcement bodies;

4) it is excluded according to the Order of the deputy. The Minister of Internal Affairs of the Republic of Kazakhstan of 28.07.2021 No. 444

5) ensure safety and safety of its storage;

6) provide knowledge with personnel of the legislation of the Republic of Kazakhstan on traffic in weapons;

7) it is excluded according to the Order of the deputy. The Minister of Internal Affairs of the Republic of Kazakhstan of 28.07.2021 No. 444

8) exclude access to locations and storages of weapon and cartridges (for counter) strangers, and also the employees of shop who do not have the admission to weapon;

9) in case of sale of the weapon which is subject to registration in law-enforcement bodies, sellers make reconciliation of permission to acquisition of weapon with the original of the identity certificate or the passport of the buyer;

10) alarm weapon, pneumatic weapon with dulny energy of no more 7,5 Joule (further – J) and caliber to mm 4,5 inclusive, sellers of legal persons suppliers, structurally similar to product weapon, implement to the citizens of the Republic of Kazakhstan who reached eighteen summer age, without the permission on their acquisition, after submission of the certificate of the availability or lack of criminal record approved by the order of the Attorney-General of the Republic of Kazakhstan of May 18, 2020 No. 64 "About approval of Rules of rendering the state services by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and its territorial authorities" (it is registered in the Register of state registration of regulatory legal acts No. 20674), certificates of condition / not condition on dispensary accounting, (the psychoneurological and narcological organizations), approved by the order of the Minister of health and social development of the Republic of Kazakhstan of April 27, 2015 No. 272 "About approval of standards of the state services in the field of health care" (it is registered in the Register of state registration of regulatory legal acts No. 90760) (further – references from the psychoneurological and narcological organizations) and about passing of examination of rules of safe handling of weapon.

To legal entities the specified weapon is implemented on permissions to its acquisition.

Persons having permission to storage and carrying civil weapon, military personnel of Armed Forces, other troops and military forming, the staff of special state and law enforcement agencies, except for bodies of the public fire service, the having special ranks and class ranks (by provision of copies of permissions to storage, storage and carrying the weapon or documents confirming their service in Armed Forces, other troops and military forming that they are staff of the special state and law enforcement agencies certified by seal and the authorized signature issued the allowing document) acquire the specified weapon without submission of references from the psychoneurological and narcological organizations.

The references provided by the buyer, copies of identity certificates, and copies of permissions are hemmed and stored with accounting documentation ten years.

The mechanical sprayers, aerosol and other devices equipped with the tear or irritating substances sellers of legal persons suppliers implement to the citizens of the Republic of Kazakhstan who reached eighteen summer age, without the permission on their acquisition after briefing by rules of safe handling of weapon and putting down of the signature of the buyer about passing of instructing in the book of accounting of receipt and sale of weapon and cartridges to it in specialized shops on trade in civil and office weapon, in the column "number and date of issue of permission to acquisition";

11) provide availability in trade floor of the computer equipment with the software connected to the server of information system of the state E-licensing database (further - IS GBD ate);

12) stipulated in Item 15 these rules accept on sale on commission civil and office weapon according to the procedure.

12. Legal persons suppliers are not allowed to sell in the territory of the Republic of Kazakhstan:

1) weapon to the legal entities and physical persons which do not have permissions to acquisition specific appearance and type of weapon, except as specified stipulated in Item 35 these rules;

2) the weapon and cartridges which did not undergo certification according to the procedure, established by the legislation in the field of technical regulation, weapon without number and brand, and also cartridges not marked and mark of conformity to state standards on primary package;

Cartridges to the legal entities who do not have permissions to acquisition specific appearance and type of weapon, except for Armed Forces, other troops and military forming, special state and law enforcement agencies and also the physical persons which do not have permissions to storage or storage and carrying the corresponding type and type of weapon and also in case of the status of these permissions in IS GBD ate 3) "invalid" or in case of its absence in IS GBD ate.

Cartridges, are implemented to Armed Forces, other troops and military forming, special state and law enforcement agencies in case of compliance to names of cartridges and to the codes of the commodity nomenclature of foreign economic activity specified in Items 20 - 22 Sections 2.22 of appendix 2 Inventories concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union approved by the Decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 is established.

Realization is made based on the agreement or other act which is drawn up according to the Civil code of the Republic of Kazakhstan;

4) cartridges to the physical persons having permissions to storage and carrying the weapon received in temporary use;

5) the firearms with rifle barrel which did not undergo control shooting;

6) devices for silent firing and sights (aim complexes) of night vision to weapon, except for sights for hunting;

7) the weapon and cartridges prohibited to turnover in the territory of the Republic of Kazakhstan according to Item 1 of article 7 of the Law;

8) weapon and cartridges in rooms where other types of goods, except for sports, hunting and fishing accessories and spare parts to weapon are on sale;

9) other types of goods except civil and office weapon, cartridges to it, hunting gunpowder, sports, hunting and fishing accessories and spare parts to weapon;

10) the products, structurally similar to weapon, which do not have the certificate of conformity;

11) the weapon and cartridges which did not pass conformity testings to criminalistic requirements according to the procedure established by the Criminalistic requirements and test methods of civil and office weapon and cartridges to it approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 16, 2015 No. 219 (it is registered in the Register of state registration of regulatory legal acts No. 10747);

Weapon and cartridges to it in case of presentation of permission to acquisition of weapon and (or) cartridges in IS GBD ate 12) with the status "invalid" or in case of its absence in IS GBD ate.

13) the weapon and cartridges including which are not subject to registration and also products, structurally similar to weapon, to the persons which did not reach eighteen flight age, having not extinguished or are not removed in the procedure for criminal record established by the law for crime execution, medical contraindications to ownership of weapon and not had training on safe handling of weapon and to acquisition of skills of safe handling of weapon;

14) weapon, cartridges and hunting gunpowder not from trade floor or the room for storage of weapon and cartridges;

15) the weapon which is not registered in law-enforcement bodies;

16) weapon and cartridges, technically unsuitable for operation;

17) weapon without number and brand, and also cartridges without mark of conformity to the standard;

18) the firearms with rifle barrel which did not undergo control shooting with representation in the State pulegilzoteka of the shot bullets and sleeves;

19) the weapon and cartridges received in temporary use;

20) the weapon and cartridges which are under customs control;

21) the cartridges to hunting fire smooth-bore weapon equipped with citizens for personal use;

22) the gas weapon equipped neuroparalytic, poisoning, and also other substances, prohibited to application by authorized body in the field of health care, and also the gas weapon capable to cause at distance more than one meter damage, not life-threatening the person, but the attracting long disorder of health for the term of more than twenty one day or considerable permanent disability for ten and more percent;

23) prototypes mass-dimensional, made of military weapon.

13. It is not allowed to legal persons suppliers:

1) placement of the room for storage of weapon and cartridges to it and trade in them in apartment houses (residential buildings), in the territories of entertaining institutions, shopping facilities in which trade in other types of goods, the organizations of education, health care and culture, sporting venues, hotels, objects of public catering, stations, stations, lines of the subway, ports, airports, airfields is performed;

2) broadcast "in hands" to the buyer, and also visitors of shop of firearms without presentation by them of permission to acquisition of weapon and the identity document;

3) exposure in trade floor of weapon in the condition allowing production of shot;

To involve 4) with weapon, cartridges and hunting gunpowder of persons which did not reach eighteen summer age having criminal records, medical contraindications to ownership of weapon and which did not undergo examination of rules of safe handling of civil and office weapon.

The admission to work with weapon, cartridges and hunting gunpowder is drawn up according to Item 8 of these rules.

14. The license for trade in civil and office weapon and cartridges to it does not grant the right to opening of branches of legal entities, additional outlets created for trade in civil and office weapon and cartridges to it.

The legal person supplier having no right to perform other business activity, except for activities for development, production, repair, acquisition, exhibiting, import and export of these types of weapon, acquisition, import, export and trade in spare parts to it, sports goods, hunting and fishing accessories, civil pyrotechnic substances and products with their use of household purpose and also to opening and functioning of shooting shooting galleries (shooting ranges) and stands.

Acquisition, storage, accounting, realization, use, transportation, destruction, import, export of civil pyrotechnic substances and products with their application is performed according to the procedure, No. 319 established by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 8, 2015 (it is registered in the Register of state registration of regulatory legal acts No. 11193).

15. Sale on commission of weapon:

1) legal persons suppliers, accept on sale on commission weapon by a court decision or from owners of civil and office weapon.

Acceptance of weapon on sale on commission is performed according to the Rules of domestic trade approved by the order of the Acting Minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 264 (it is registered in the Register of state registration of regulatory legal acts No. 11148).

2) the weapon turned in accordance with the established procedure into state-owned property according to requirements of Rules of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases, approved by the order of the Government of the Republic of Kazakhstan of July 26, 2002 No. 833 (it is registered in the Register of state registration of regulatory legal acts No. 12790) is accepted from persons performing enforcement proceeding on decisions of the courts in the presence of the staff of the law-enforcement bodies performing proceeedings.

If the weapon turned in accordance with the established procedure into state-owned property is registered in law-enforcement bodies, in case of acceptance of weapon on realization by legal persons suppliers permissions to its storage or storage and carrying are in addition requested.

3) the weapon registered in law-enforcement bodies is accepted from citizens or representatives of the organizations on sale on commission in the presence of permission to storage or storage and carrying and identity documents.

4) in case of delivery on sale on commission of weapon without the permission on storage or storage and carrying or without documents of enforcement proceeding, weapon is accepted and reported by administration of shop to law-enforcement bodies with indication of the information about person who handed over weapon.

5) data on the registered civil and office weapon accepted on sale on commission go to law-enforcement body in weapon place of registration by means of IS GBD ate, and also the acquired and sold office and civil weapon and cartridges represented to territorial authority of police, monthly data to it and their buyers in the procedure established by authorized body in the field of control of traffic in weapons according to appendix 1 to these rules.

For transfer of data through IS GBD the worker of legal person supplier ate, in case of the appeal of physical person or legal entity about delivery of the registered civil or office weapon, on sale on commission, by means of the digital signature (further - the EDS) the legal entity, through the portal of "the electronic government" checks availability at the handing-over person of permission to storage or storage and carrying in IS GBD ate, further in the established permission the worker accepting weapon fills in data about accepted on realization weapon which go by means of IS GBD ate in the law-enforcement body which issued permission to storage or storage and carrying.

6) the weapon which is handed over on sale on commission, registered in law-enforcement bodies will be re-registered from citizens and the organizations (it is struck off the register) only after its registration for the legal person supplier who accepted on sale on commission.

7) acquisition of the weapon which is handed over on sale on commission, including person which handed over it is possible only in the presence of permission to acquisition of the corresponding type and type of weapon.

8) the relations arising between sellers and buyers of weapon and cartridges under the agreement of retail purchase and sale are regulated by the civil legislation of the Republic of Kazakhstan.

16. In case of the appeal of physical person or legal entity about acquisition of weapon and (or) cartridges (for legal entities) legal person supplier, by means of the EDS through the portal of "the electronic government" checks availability of permission to acquisition in IS GBD ate, further in the established permission the worker of legal person supplier fills in data on the realized weapon and directs them by means of IS GBD ate in the law-enforcement body which issued permission to acquisition.

17. Sale of civil and office weapon and cartridges to it in the territory of the Republic of Kazakhstan according to the procedure, established by the legislation, it is allowed to perform:

1) to state bodies which officials are given the right of storage and carrying firearms;

2) to legal entities with singular authorized problems;

3) to the legal entities who are engaged in production of weapon or trade in it;

4) to the legal entities and physical persons which are engaged in collecting or exhibiting of weapon;

5) to the okhotokhozyaystvenny organizations;

6) to the sports organizations;

7) to the organizations of education;

8) to citizens of the Republic of Kazakhstan;

9) to foreigners;

10) to legal entities, representatives to conduct scientific medical research in weapon scope, including with cartridges of traumatic and gas action.

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