LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 19, 2001 No. 146-II

About the state defense order

This Law determines and governs legal relations of state bodies, organizations and legal entities, irrespective of patterns of ownership, in questions of forming and execution of the state defense order for needs of defense and safety of the Republic of Kazakhstan.

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 construction with capital repairs and upgrade of defense objects and military property, with creation of new arms and military equipment, special means, information, telecommunication and geographic information systems, automated control systems, and also the research, developmental and other works connected with military property or ensuring defense and safety of 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 on the most advantageous economic conditions;

3) military services - the activities connected with testing, operation, servicing, running repair, liquidation by means of utilization, the destructions, burials of not used military property and idle property of special state and law enforcement agencies, the scientific and other activities connected with ensuring defense and safety of the state which do not have material result;

4) goods military (products) - arms, the military and special equipment, ammunition, documentation, objects of intellectual property right, the equipment for production and testing of goods of military (products), and also component parts to them;

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 the production capacities necessary for production of goods of military (products) and goods (products) of dual purpose (application) of required quality on the most advantageous economic conditions;

6) the state customer of the defense order (further - the state customer) - the state body of the Republic of Kazakhstan performing orders for development, research, production, delivery of goods of military (products), goods (products) of dual purpose (application), military works and military services;

7) head contractors of the defense order (further - head contractors) - operators on execution of the defense order and authorized organization;

8) operators on execution of the defense order (further - operators) - the legal entities determined by the Government of the Republic of Kazakhstan for accomplishment of the defense order or implementation of the choice of contractors of the defense order;

9) the contractor of the defense order (further - the contractor) - the legal entity performing accomplishment of the defense order based on the agreement signed with the operator, authorized organization and (or) the state customer;

10) 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 by the state customers as goods military (products);

11) the state defense order (further - the defense order) - the legal act of the Government of the Republic of Kazakhstan approving the list (nomenclature) and amount of goods of military (products), goods (products) of dual purpose (application), military works and military services, acquired for needs of defense, ensuring military safety and law and order in the state, activities of special state bodies, and also accomplishment by the Republic of Kazakhstan of international treaties and obligations;

12) authorized body - the state body enabling the realization of state policy in the field of forming, placement and accomplishment of the defense order;

13) authorized organization - the legal entity determined by the Government of the Republic of Kazakhstan for the implementation of commodity import of military (products), goods (products) of dual purpose (application), military works and military services intended for ensuring military safety, except for the import of the specified goods (products), works and services performed by domestic producers and domestic suppliers of works and services in case of accomplishment of the defense order.

Article 2. Legislation of the Republic of Kazakhstan on the defense order

The legislation of the Republic of Kazakhstan on the defense order is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law are applied rules of the international treaty.

Article 3. Structure of the defense order

1. The defense order are included:

1) production and delivery of arms, military and special equipment, technical means, ammunition and equipment for production and testing of goods of military (products) and goods (products) of dual purpose (application);

2) basic and applied scientific research in the field of defense and homeland security of the state, research and development works on development of prototypes, upgrade of the state customers of arms, the military and special equipment, technical means, ammunition and the equipment for production and testing of goods of military (products) and goods (products) of dual purpose (application) consisting on equipment;

3) repair, upgrade and the regulated maintenance of arms, the military and special equipment, technical means, ammunition and the equipment for production and testing of goods of military (products) and goods (products) of dual purpose (application);

4) deactivation of not used military property;

5) liquidation by means of utilization, destructions, burials, conversion, realization of not used military property and idle property of special state and law enforcement agencies, and also component parts to them;

6) development of the design estimates, construction and repair of military, special facilities, and also services in their content and operation;

7) production of military and special dress code, signs of distinction and individual protection equipment for the military personnel of Armed Forces, other troops and military forming and the staff of special state bodies, bodies of civil protection.

2. The defense order shall contain:

1) the list (nomenclature) and amount of the delivered goods of military (products), goods (products) of dual purpose (application), military works and military services, and also terms of their deliveries, accomplishment, rendering;

2) the predicted total cost (price) of the defense order, and also according to Sections, realization stages;

3) list of the state customers;

4) the list of head contractors, and also contractors for special state bodies.

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