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ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2022 No. of 594/nanosecond-pas

About approval of regulations on territorial authorities of Committee of homeland security of the Republic of Kazakhstan

According to the subitem 3) of Item 19 of the Regulations on Committee of homeland security of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of April 1, 1996 No. 2922, I ORDER:

1. Approve:

1) Regulations on Department of Committee of homeland security of the Republic of Kazakhstan on the area Abay according to appendix 1 to this order;

2) Regulations on Department of Committee of homeland security of the Republic of Kazakhstan on Zhet_su's area according to appendix 2 to this order;

3) Regulations on Department of Committee of homeland security of the Republic of Kazakhstan on Ulytau's area according to appendix 3 to this order.

2. Approve the list of some orders of the Chairman of Committee of homeland security of the Republic of Kazakhstan to which changes according to appendix 4 to this order are made.

3. To personnel department of Committee of homeland security of the Republic of Kazakhstan in the procedure established by the legislation:

1) within twenty calendar days from the date of signing of this order to send it to the copy in electronic form in the Kazakh and Russian languages to the republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) to inform the relevant territorial authority of the Ministry of Justice of the Republic of Kazakhstan on the made changes specified in Item 2 of this order in a month.

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

Chairman of Committee of homeland security of the Republic of Kazakhstan lieutenant general of homeland security

E.Sagimbayev

Appendix 1

to the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of July 21, 2022 No. of 594/nanosecond-pas

Regulations on Department of Committee of homeland security of the Republic of Kazakhstan on the area Abay

Chapter 1. General provisions

1. The department of Committee of homeland security of the Republic of Kazakhstan on the area Abay (further – Department) is the territorial authority of Committee of homeland security of the Republic of Kazakhstan (further – KNB) performing management in spheres: intelligence, counterintelligence, operational search activities, suppression of acts of terrorism and other especially dangerous criminal infringement of the personality, society and the state, protection of the state secrets, and authorized body on protection of the state secrets in the territory of the area Abay.

2. The department performs the activities according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, orders of the Chairman of KNB, other regulatory legal acts, and also this Provision.

3. The department is legal entity in form of business of republican public institution, has the valid and conditional names, seals and stamps with the name in Kazakh, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The department concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the department head.

7. The structure and limit of the number of staff of Department affirm the Chairman of KNB according to the legislation of the Republic of Kazakhstan.

The department consists of the managements, departments, departments, groups forming its structure. The following isolated structural divisions are its part:

1) Ayagozsky district department. Servicing zone – Ayagozsky district of the area Abay;

2) Aksuatsky district department. Servicing zone – Aksuatsky district of the area Abay;

3) Borodulikhinsky district department. Servicing zone – Borodulikhinsky district of the area Abay;

4) Zharminsky district department. Servicing zone – Zharminsky and Kokpektinsky districts of the area Abay;

5) Kurchatov city department. Servicing zone – Kurchatov areas Abay;

6) Urdzharsky district department. Servicing zone – Urdzharsky district of the area Abay;

8. Location of the legal entity: 070000, Republic of Kazakhstan, city of Semey, Ulitsa Amanova, 10.

9. Full name of state body – republican public institution "Department of Committee of homeland security of the Republic of Kazakhstan on the area Abay".

10. This Provision is the constituent document of Department.

11. Financing of activities of Department is performed from the republican budget.

12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of Department.

If the Department by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the government budget.

Chapter 2. Tasks, rights and obligations of Department

13. Tasks:

1) participation in 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;

4) identification, the prevention and suppression of the terrorist and other activities directed to violent change of the constitutional system, violation of integrity and undermining safety of the Republic of Kazakhstan;

5) coordination of activities in the sphere of counteraction to terrorism and extremism in the territory of the area Abay;

6) identification, suppression, disclosure and investigation of the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining bodies of homeland security;

7) organization and conducting counterprospecting, special investigation and search operations for tasks of subjects of counterintelligence, operational search activities, and also creation of conditions for ensuring their carrying out;

8) the organization and carrying out in the procedure for secret investigative actions established by the legislation of the Republic of Kazakhstan, and also creation of conditions for ensuring their carrying out;

9) realization of single state policy in the field of protection of the state secrets.

14. Rights and obligations:

1) rights:

create secret objects (the companies and the organizations), and also to use the documents ciphering employees, confidential assistants, departmental accessory of divisions, organizations, rooms and vehicles;

adopt legal acts, obligatory for execution, within the competence;

request and receive in the procedure established by the legislation of the Republic of Kazakhstan from state bodies, the organizations, their officials necessary information and materials;

create advisory advisory bodies, commissions of experts, and also the interdepartmental working groups on the questions relating to activities of bodies of homeland security;

take a legal action;

hold counterprospecting events, general and special investigation and search operations, criminalistic, psikhologo-sociological and polygraphological researches;

perform operational and fighting actions for suppression of unlawful activity according to the developed special techniques, and also use special means according to the list approved by the Government of the Republic of Kazakhstan;

perform penetration into special services and organizations of foreign states, criminal groups, the purposes and which actions are directed to undermining safety of the state, violation of territorial integrity of the Republic of Kazakhstan, violent change of the constitutional system;

interact with subjects of foreign intelligence of the Republic of Kazakhstan when implementing intelligence activities, including with use of radio-electronic and special technical means;

independently or together with authorized state bodies to resolve issues of closing of entry into the Republic of Kazakhstan and expulsion out of limits of the Republic of Kazakhstan of foreigners and stateless persons which the actions create threat or cause damage to safety of society and state;

in case of identification, suppression, disclosure and investigation of the criminal offenses carried by the legislation of the Republic of Kazakhstan to maintaining bodies of homeland security to give obligatory for execution of the order to other bodies in the limits provided by the criminal procedure legislation of the Republic of Kazakhstan;

summon to Department of citizens on the materials which are in production, receive from them explanations, references, documents and to make copies of them, to subject to the drive of persons evading from appearance on challenge;

according to the legislation of the Republic of Kazakhstan to check at citizens in case of reasonable suspicion of making of criminal offenses the documents proving their identity, to make detention of persons suspected of making of criminal offenses, to perform verification of documents, personal inspection of detainees and their vehicles, and also withdrawal of the things and documents which are in case of them;

with participation in anti-terrorist operation and ensuring legal regime of anti-terrorist operation to apply the measures and temporary restrictions provided by the Law of the Republic of Kazakhstan "About counteraction to terrorism";

use the means of communication, vehicles belonging to Armed Forces of the Republic of Kazakhstan, other troops and military forming, and also other organizations for prevention of criminal offenses, prosecution and detention of the persons who made or suspected of making of criminal offenses, delivery of the detained persons to the place of their content and also for journey to the scene and deliveries of the citizens needing urgent medical care in medical institutions (organizations). Upon the demand of owners of means of communication and vehicles the Department compensates the actual damage caused as a result of it in the procedure established by the legislation of the Republic of Kazakhstan;

to enter freely on the territory and premises of the organizations, military forming and parts, residential and others, the rooms belonging to citizens, on the parcels of land belonging to them for the purpose of suppression of criminal offenses, prosecution of persons suspected of their making if the delay can threaten life and health of citizens, to cause damage to safety of the country. About cases of violent occurrence in residential and others, the rooms belonging to citizens the Department notifies the prosecutor within twenty four hours;

bring in state bodies and the organizations ideas of elimination of the reasons and conditions, obligatory for execution, promoting realization of safety hazards of the Republic of Kazakhstan, making of criminal offenses which investigation is referred by the legislation of the Republic of Kazakhstan to maintaining bodies of homeland security;

perform administrative detention of persons who made the offenses connected with attempts of penetration and penetration on specially protected territories of osoborezhimny and other objects. Check the documents proving their identity, receive from them explanations, perform their personal inspection, examination and withdrawal of things and documents;

exercise control, give methodical and practical help concerning ensuring safety of the state secrets, the commercial, bank and protected by the law other secret;

have other isolated structural divisions which are performing part of functions of Department and not being subject to accounting registration in authorized body out of the place of its stay;

sign contracts, agreements (memorandums) with the organizations, to issue joint orders with state bodies of the Republic of Kazakhstan, necessary for accomplishment of the tasks and functions assigned to Department;

stop use in the territory of the Republic of Kazakhstan of the transferring radio-electronic means used with violation of statutory rules or legislations of the Republic of Kazakhstan on protection of the state secrets;

receive gratuitously and with observance of the requirements to disclosure of data, components established by legal acts the commercial, bank and protected by the law other secret, from state bodies and the organizations information necessary for accomplishment of the tasks assigned to bodies of homeland security including electronic information resources which are provided from information systems of state bodies and the organizations, according to the procedure, established by joint regulatory legal acts with the specified state bodies, and with the organizations – agreements;

send to official journeys of employees and employees of Department, including out of limits of the Republic of Kazakhstan;

perform storage and use of the archival operational, investigative and other materials relating to activities of Department;

use on contractual basis service premises, transport and other technical means of Armed Forces of the Republic of Kazakhstan, other troops and military forming and other organizations, and also rooms, vehicles and other property of physical persons and legal entities;

check in case of entrance (entrance) for objects and premises of Department and in case of exit (departure) from them at physical persons identity documents, to examine the things which are in case of them (except for the protected and other persons determined by the legislation of the Republic of Kazakhstan);

exercise control, organize checks of condition of work on providing the mode of privacy, safety of the state secrets, the organization and record keeping in Department;

for the purpose of encoding of the identity of staff of Department, departmental accessory of their divisions, rooms and vehicles or the identity of the citizens rendering assistance of homeland security to bodies on confidential basis to use documents of other state bodies, and also organizations;

acquire and use means of special communication, arms and equipment, including special technical and other means;

use video cameras and other types of the electronic equipment of state bodies and other organizations according to the procedure, determined by joint regulatory legal acts or agreements;

in the equipped places to store weapon, ammunition, special remedies and defenses;

create and use the operational accounting and information systems providing the solution of tasks of operational search activities;

2) obligations:

perform intelligence activities for the benefit of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan "About foreign intelligence";

perform counterintelligence activities;

reveal, warn and stop terrorism and other activities directed to violent change of the constitutional system, violation of integrity and undermining safety of the Republic of Kazakhstan;

reveal, stop, open and investigate the criminal offenses carried by the legislation to maintaining bodies of homeland security;

render assistance to state bodies in the prevention and suppression of activities in the territory of the Republic of Kazakhstan of illegal paramilitary forces, political parties and labor unions of other states, batches on religious basis, and also financing of political parties and labor unions by foreign legal entities and citizens, foreign states and the international organizations;

develop and perform measures for counterprospecting protection of the data constituting the state secrets in state bodies, military forming, parts and the organizations, and also to control their activities in the specified sphere. Carry out special inspection of the citizens of the Republic of Kazakhstan who are drawn up (renewed) on the admission to information which is the state and official secret;

participate in development and implementation of measures for safety of objects of defense industry, nuclear power, transport and communication, critical infrastructure of regions and other strategic objects which list determines the Government of the Republic of Kazakhstan;

participate according to the legislation of the Republic of Kazakhstan in the solution of the questions concerning acceptance in nationality of the Republic of Kazakhstan and getting out of nationality of the Republic of Kazakhstan, trip abroad of citizens of the Republic of Kazakhstan, entrance on the territory of the Republic of Kazakhstan and departure out of its limits of foreigners and stateless persons, and also the mode of their stay in the territory of the Republic of Kazakhstan;

take in interaction with other competent authorities measures for safety of representations of foreign states and the international organizations in the territory of the area Abay;

participate on specifying of the President of the Republic of Kazakhstan together with other state bodies in safety of heads of states, the governments of foreign countries and heads of the international organizations for their stay in the Republic of Kazakhstan, and also important social and political events held in the territory of the country;

participate in safety of the President of the Republic of Kazakhstan and the First President of the Republic of Kazakhstan – Elbasa;

conduct information and analytical work for the purpose of realization of the tasks assigned to Department;

reveal radio emissions of the transferring radio-electronic means which work poses safety hazard of the Republic of Kazakhstan;

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