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of July 13, 1999 No. 416-I

About counteraction to terrorism

(as amended on 19-04-2023)

This Law establishes the principles, the purpose, legal and organizational basis of counteraction to terrorism.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) objects of mass accumulation of people - objects of public catering, transport infrastructure (in the field of road and urban rail transport), and also shopping, sporting, entertaining facilities, concert halls and other public constructions, the organizations of education and health care, the location of tourists;

2) division of special purpose - the division created for suppression of acts of terrorism;

3) the hostage - the physical person captured and (or) withheld for the purpose of compulsion of state body, local government body or the international organization to make any action or to refrain from making of any action as conditions of release of the person captured and (or) withheld;

3-1) the protected objects - buildings, structures and constructions intended for stay of protected persons and also the territory and the water area, adjacent to them;

4) violence ideology - system of the public theories, views and the ideas justifying violence including using terrorist methods and means for achievement of political, religious, ideological and other goals;

5) terrorism - ideology of violence and practice of impact on decision making by state bodies, local government bodies or international organizations by making or the threat of making of the violent and (or) other criminal acts connected with intimidation of the population and directed to damnification of the personality, to society and the state;

6) the act of terrorism - making or threat of making of explosion, the arson or other actions creating danger of death of people, causings significant property damage or approach of other socially dangerous effects if these actions are made for the purpose of violation of public safety, intimidation of the population or rendering impact on decision making by state bodies of the Republic of Kazakhstan, foreign states or the international organizations, and also the infringement of human life made in the same purposes, and is equal the infringement of life of the state or public figure made for the purpose of the termination of its state or other political activities or from revenge for such activities;

6-1) appeal to making of the act of terrorism - the address expressed publicly or reflected in the extended information material, influencing consciousness, will and behavior of physical person for the purpose of its motivation on making of the act of terrorism;

7) anti-terrorist operation - complex of special events using physical force, guard dogs, military and other equipment, weapon and special means according to the prevention, suppression of the act of terrorism, neutralization of terrorists, destructive devices, safety of physical persons and organizations, and also on minimization and (or) mitigation of consequences of the act of terrorism.

According to the decision of the chief Services of the state protection of the Republic of Kazakhstan security actions for safety of protected persons are held within anti-terrorist operations according to this Law;

8) legal regime of anti-terrorist operation - specific mode of functioning of the state bodies performing counteraction to terrorism in case of which in the anti-terrorist operation zone establishment of separate measures, temporary restrictions of the rights and freedoms of citizens, foreigners and stateless persons, and also the rights of legal entities for conducting anti-terrorist operation is allowed;

9) the anti-terrorist operation zone - the certain sites of the area or the water area, airspace, the vehicle, the building, structure, construction, the room and the territories adjoining to them determined by the head of anti-terrorist operation within which the specified operation is performed;

10) counteraction to terrorism - activities of state bodies and local government bodies on:

to terrorism prevention;

to identification, suppression of terrorist activities, disclosure and investigation of terrorist crimes;

minimization and (or) mitigations of consequences of terrorism by rendering the emergency medical care, medico-psychological maintenance, holding rescue and fire-proof actions, recovery of normal functioning and ecological safety of the objects which underwent to terrorist impact, social resettlement of persons which were injured as a result of the act of terrorism and persons participating in its suppression, compensations of moral and material harm to persons which were injured as a result of the act of terrorism;

11) authorized state body on coordination of activities in the field of counteraction to terrorism - the state body performing within the powers interagency coordination of activities in the field of counteraction to terrorism;

12) terrorism financing - provision or whip-round and (or) other property, the right to property or benefits of property nature, and also donation, exchange, donations, the charitable help, rendering information and other services either the rendering financial services to physical person or group of persons, or the legal entity which is commited by person who was obviously realizing terrorist nature of their activities or the fact that the provided property, the rendered information, financial and other services will be used for implementation of terrorist activities or providing terrorist group, the terrorist organization, illegal paramilitary force;

13) terrorism prevention - complex of the legal, economic, social, organizational, educational, propaganda and other measures performed by the state and local executive bodies on identification, studying, elimination of the reasons and conditions promoting origin and distribution of terrorism;

14) the terrorist - person participating in implementation of terrorist activities;

14-1) terrorist materials - any information materials containing information on methods and means of making of the act of terrorism, and also signs and (or) appeals to implementation of terrorist activities or proving or justifying need of implementation of such activities;

15) terrorist group - the organized group pursuing the aim of making of one or several terrorist crimes;

16) objects, vulnerable in the terrorist relation, - especially important state, strategic, hazardous production facilities, and also the objects of industries of economy having strategic importance, objects of mass accumulation of people, the protected objects requiring the obligatory organization of anti-terrorist protection;

16-1) anti-terrorist security of objects, vulnerable in the terrorist relation, - condition of objects, vulnerable in the terrorist relation, characterized by availability of the conditions interfering making of the act of terrorism, and also providing minimization and mitigation of consequences in case of its making;

16-2) anti-terrorist protection of objects, vulnerable in the terrorist relation, - the complex of legal, organizational measures and technical means aimed at providing anti-terrorist security of objects;

17) the terrorist organization - the organization performing terrorist activities or acknowledging use possibility in the activities of terrorism concerning which the judgment about recognition of its terrorist is made and took legal effect;

18) terrorist activities - making of any of the following acts:

organization, planning, preparation, financing and implementation of the act of terrorism;

instigation to the act of terrorism;

the organization of illegal paramilitary force, criminal society (the criminal organization), organized group for the purpose of making of the act of terrorism, and participation in such structures is equal;

recruitment or preparation or arms of persons for the purpose of the organization of terrorist activities;

information or other complicity in the organization, planning, preparation and making of the act of terrorism;

promotion of the ideas of terrorism, distribution of terrorist materials, including with use of mass media or networks of telecommunications, and also public calls for making of the act of terrorism;


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