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LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2022 No. 122-VII ZRK

About biological safety of the Republic of Kazakhstan

This Law determines the legal basis of state regulation in the field of biological safety of the Republic of Kazakhstan and is directed to prevention of biological threats.

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) susceptible organism - human body, animal, plant which reacts on the pathogenic biological agent development of infectious and (or) parasitic disease or becomes its carrier;

2) social distancing - optimum distance between people, necessary for decrease in risk level of infection;

3) biological safety - condition of security of people and separate components of the environment (atmospheric air, surface and underground water, the land surface and soil layer, plant and animal life and other organisms (further - separate components of the environment) from dangerous biological factors, including provided with measures of biological protection;

4) requirements in the field of biological safety - the regulations regulating the questions of ensuring biological safety containing in the legislation of the Republic of Kazakhstan, and also the regulating technical documents, national and (or) interstate standards included in the list approved according to the subitem 11) of article 9 of this Law;

5) authorized body in the field of biological safety - the state body performing management and cross-industry coordination in the field of biological safety;

6) biological protection - the package of measures for ensuring biological safety realized by means of physical protection against unauthorized use of pathogenic biological agents (set of organizational actions, technical means and actions for their protection), control, accounting and ensuring safe handling of pathogenic biological agents, taking measures to prevention of their loss, plunder, unauthorized access to them or the treatment of them, and also acts of terrorism and (or) diversions with use of pathogenic biological agents and (or) in respect of potentially dangerous biological objects;

7) biological risk - probability of damnification to human health, animals, to plants pathogenic biological agents, and also probability of their hit in separate components of the environment;

8) support personnel - the workers of the subjects performing the treatment of pathogenic biological agents, performing support function in case of the treatment of pathogenic biological agents;

9) dangerous biological factor - the event, condition, property and (or) process attracting increase in risks of negative impact of pathogenic biological agents and the objects containing them, carriers and carriers on human health, animals, plants and also hits of pathogenic biological agents in separate components of the environment;

10) microorganism strain - uniform culture of species of microorganism with certain biological properties;

11) the pathogenic biological agent - microorganisms, poisons biological and phytogenesis (toxins), helminths, nematodes capable to cause infectious and (or) parasitic process in human body, animal or plant;

12) the treatment of pathogenic biological agents - processes (stages) of work with pathogenic biological agents which are directly directed to allocation (detection), development (creation), production (production), turnover (including import (export), storage, transportation) pathogenic biological agents for the purpose of their research, destruction and (or) development of immunobiological medicines;

13) the specialist performing the treatment of pathogenic biological agents (further - the specialist), - the physical person having technical and professional and (or) postsecondary education and (or) the higher and (or) postgraduate education, and (or) academic degree and allowed in accordance with the established procedure to the treatment of pathogenic biological agents;

14) the subject performing the treatment of pathogenic biological agents - the legal entity performing the treatment of pathogenic biological agents according to the procedure and on the conditions established by this Law;

15) chemoprophylaxis - appointment to the person, animal chemical medicines for the prevention of infectious and (or) parasitic diseases;

16) potentially dangerous biological object - immovable - (stationary) or developed mobile object on which activities for the treatment of pathogenic biological agents are performed.

Article 2. The legislation of the Republic of Kazakhstan in the field of biological safety

1. The legislation of the Republic of Kazakhstan in the field of biological safety is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

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

Article 3. Scope of this Law

This law governs the public relations connected with the treatment of pathogenic biological agents for the purpose of ensuring biological safety.

Article 4. Principles of ensuring biological safety

Biological safety is ensured on the basis of the following principles:

1) the treatment of pathogenic biological agents only in not military purposes: the treatment of pathogenic biological agents for the purpose of development (creation), production (production) and (or) stock accumulation, use of bacteriological (biological) and toksinny weapon is forbidden;

2) advance time of recognition of biological threats: state bodies in case of realization of powers in the field of biological safety shall be guided in priority procedure by need of prevention of biological threats, analyze and predict biological threats based on data of accounting and monitoring in the field of biological safety;

3) submission to control of the treatment of pathogenic biological agents: the treatment of pathogenic biological agents is performed according to requirements in the field of biological safety which observance is provided within management of biological risks, application of allowing procedure for the treatment of pathogenic biological agents, accounting, monitoring and forecasting (modeling) in the field of biological safety, the state control and supervision of observance of requirements in the field of biological safety;

4) harmony of measures of state regulation: prevention measures in the field of biological safety shall be proportional to degree of danger of biological factors, including according to criteria and classification in the field of biological safety;

5) priority of national interests of the Republic of Kazakhstan: adoption of the obligations within international cooperation which are not corresponding to national interests of the Republic of Kazakhstan capable to cause damage to homeland security of the Republic of Kazakhstan or leading to loss of independence of the Republic of Kazakhstan is not allowed.

Article 5. Main biological threats

1. The main biological threats are:

1) emergence of the emergency situation of natural, technogenic and social nature (further - emergency situation) influencing potentially dangerous biological objects;

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