of December 21, 1995 No. 2710
About bodies of homeland security of the Republic of Kazakhstan
This Law determines the status, powers and the organization of activities of bodies of homeland security of the Republic of Kazakhstan.
Bodies of homeland security of the Republic of Kazakhstan (further - bodies of homeland security) - the special state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan which are component of system of safety of the Republic of Kazakhstan and intended within the powers conferred to them:
ensure safety of the personality and society, protection of the constitutional system, the state sovereignty, territorial integrity, economic, scientific and technical and defense capacity of the country;
perform and coordinate intelligence activities for the purpose of providing the President of the Republic of Kazakhstan, the President of the Security Council of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and other state bodies and the organizations with prospecting information for decision making, and also to assist in realization of policy of management of the state in political, financial and economic, military-political, scientific and technical, humanitarian, ecological and other areas infringing on national interests of Kazakhstan.
In this Law the following basic concepts are used:
1) conspiracy - concealment of forces, means, actions, plans and intentions of counterintelligence, investigation by operational encoding and closing of access to sources of the classified information, establishment of special procedure for supervision;
2) No. 36-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2016.
3) counteraction to technical investigations - the activities in the field of information security directed to prevention of leakage on technical channels of the data constituting the state secrets, deliberate impact on them technical means including program and hardware-software;
4) the official representative of bodies of homeland security in foreign institution of the Republic of Kazakhstan, his assistants are the employees, the military personnel who are on the staff of bodies of homeland security and sent to foreign institutions of the Republic of Kazakhstan for accomplishment of tasks on ensuring national security;
1. Tasks of bodies of homeland security are:
1) participation in development and realization of state policy in the field of safety of the personality, society and the state;
2) getting of prospecting information for the benefit of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan "About foreign intelligence";
3) implementation of counterintelligence activities;
3-1) coordination and implementation of activities for counteraction to technical investigations concerning the data constituting the state secrets;
4) identification, the prevention and suppression of terrorism and other activities directed to violent change of the constitutional system, violation of integrity and undermining safety of the Republic of Kazakhstan;
4-1) coordination of activities in the field of counteraction to terrorism and extremism in the Republic of Kazakhstan;
5) identification, suppression, disclosure and investigation of the criminal offenses carried by the legislation to maintaining bodies of homeland security;
6) providing the President of the Republic of Kazakhstan, state bodies, Armed Forces, other troops and military forming of the Republic of Kazakhstan with government communication in peace and wartime;
7) the organization of the cryptographic work in authorized state bodies, bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan;
8) ensuring protection and protection of Frontier of the Republic of Kazakhstan;
9) ensuring physical protection of foreign institutions of the Republic of Kazakhstan.
2. Other tasks can be assigned to bodies of homeland security by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
The legal basis of activities of bodies of homeland security is constituted:
1) Constitution and laws of the Republic of Kazakhstan;
2) this Law;
3) other regulatory legal acts of the Republic of Kazakhstan in the part which is not contradicting and is not settled by this Law;
4) international contractual and other commitments of the Republic of Kazakhstan;
5) normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan;
6) the Regulations on Committee of homeland security approved by the President of the Republic of Kazakhstan.
Activities of bodies of homeland security are based on the principles of legality, privacy, conspiracy, one-man management, equality of all before the law, respect and observance of rights and freedoms of man and citizen, independence of activities of political parties and other public associations.
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