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LAW OF THE KYRGYZ REPUBLIC

of January 23, 2023 No. 6

About the state protection

This Law determines the legal basis of activities for ensuring the state protection, establishes concepts and types of objects of the state protection and the protected objects, and also regulates questions of the organization of activities of body in the sphere of the state protection.

Chapter 1. General provisions

Article 1. The basic concepts applied in this Law

In this Law the following concepts are used:

1) safety of object of the state protection - security of person which is subject to the state protection from the illegal and other encroachments threatening his life, health and other vital interests protected by the law connected with execution of powers of public service or with other state, political or public work;

2) the state protection - the activities for safety of protected persons and protection of the protected objects which are carried out for the purpose of safety of the Kyrgyz Republic, safe and free implementation of the government in the Kyrgyz Republic and execution of the international obligations of the Kyrgyz Republic, performed on the basis of set legal the investigation and search operations held within the competence, counterprospecting, organizational, security, regime, technical, information and other measures;

3) protection of the protected object - set of actions for protection and defense of the protected object;

4) information on safety hazard of object of the state protection - data on the conditions and factors creating danger to life and health of object of the state protection and to other its vital interests protected by the law;

5) object of the state protection (protected person) - person who is subject to the state protection according to this Law, the laws and other regulatory legal acts of the Kyrgyz Republic;

6) security action - set of the actions performed by body of the state protection including with attraction of forces and means of other state bodies, in places of permanent or temporary stay of objects of the state protection, including on the routes of their journey aimed at safety and protection of protected persons and objects;

7) the place of temporary stay of the protected person - other in relation to the place of permanent residence and the place of public service (work) residence of the protected person;

8) the permanent residence of the protected person - the place of permanent residence and the place of public service (work) of the protected person;

9) maintenance of public order - activities of body of the state protection for the prevention and suppression of offenses, observance of public rules of conduct (providing law and order) in places of permanent or temporary stay of objects of the state protection, including on routes of their journey, and on the protected objects in the limits set by this Law of powers independently or with attraction of forces and means of other state bodies of safety;

10) routes of journey (movement) of objects of the state protection - sites automobile, the railroads, air, water space, used for safe and free journey (movement) of protected persons.

Article 2. Principles of implementation of the state protection

The state protection is performed on the basis of the following principles:

1) legality;

2) respect and observance of rights and freedoms of man and citizen;

3) interactions of state bodies for the purpose of safety of protected persons;

4) continuity by provision of the state protection;

5) combinations of public and secret methods of activities;

6) submission to control and podnadzornost.

Article 3. Tasks of the state protection

Tasks of the state protection are:

1) safety of protected persons;

2) protection of the protected objects;

3) forecasting and identification of threats to protected persons, implementation of package of measures for their prevention and neutralization;

4) the prevention, identification and suppression of criminal and other offenses concerning protected persons and objects;

5) participation within the powers in fight against terrorism;

6) participation within the powers in ensuring information security of objects of the state protection.

Article 4. Legal basis of implementation of the state protection

The legal basis of implementation of the state protection is constituted by the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts of the Kyrgyz Republic, the conventional principles and rules of international law, and also the international agreements which became effective according to the legislation of the Kyrgyz Republic.

Chapter 2. Protected persons and objects

Article 5. Protected persons and objects

1. Protected persons of body of the state protection are the official and other persons determined by this Law.

2. Treat the protected objects of body of the state protection:

1) buildings, structures and constructions adjoining to them the territories and water areas which are subject to protection for the purpose of safety of protected persons in places of their temporary and permanent stay;

2) buildings, structures and constructions adjoining to them the territories and water areas which are in operational management of body of the state protection.

Article 6. Provision of the state protection to the President of the Kyrgyz Republic and ex-president of the Kyrgyz Republic

1. The state protection is provided to the president of the Kyrgyz Republic from the moment of assumption of office.

2. The president of the Kyrgyz Republic for implementation of the powers has no right to refuse the state protection.

3. For implementation of powers of the President of the Kyrgyz Republic the state protection is provided to members of his family (the spouse/spouse, minor children) within the territory of the Kyrgyz Republic.

4. The state protection within the territory of the Kyrgyz Republic according to this Law is for life provided to the ex-president of the Kyrgyz Republic.

Article 7. Provision of the state protection to persons holding the state positions in the Kyrgyz Republic

1. The state protection is provided to the following persons holding the state positions in the Kyrgyz Republic:

1) Toraga of Jogorku Kenesh of the Kyrgyz Republic;

2) to the Chairman of the Cabinet of Ministers of the Kyrgyz Republic;

3) to the chairman of the Constitutional court of the Kyrgyz Republic;

4) to the chairman of the Supreme Court of the Kyrgyz Republic.

2. Persons specified regarding 1 this Article having no right to refuse the state protection which is provided for implementation of their powers, except for Toraga of Jogorku Kenesh of the Kyrgyz Republic based on its written address from the moment of registration as a candidate on elections and before determination of election results.

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