Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 5, 2003 No. 391-II

About warlike situation

(as amended on 16-11-2020)

This Law governs legal relations of citizens of the Republic of Kazakhstan, the foreigners and persons without citizenship living in the territory of the Republic of Kazakhstan (further - citizens and other persons), and also state bodies, bodies of military management and the organizations irrespective of patterns of ownership (further - the organizations) in the period of warlike situation.

Operation of this Law is limited to the period of warlike situation.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following concepts are used:

1) aggression - use of the armed force foreign state (group or the coalition of the states) against sovereignty, territorial integrity or political independence of the Republic of Kazakhstan or impact on it otherwise, not compatible to Articles of organization of the United Nations.

Act of aggression any of the following actions irrespective of declaration of war is recognized:

invasion, attack of armed forces of foreign state on the territory of the Republic of Kazakhstan, any annexation of the territory of the Republic of Kazakhstan or its part using the armed force;

bombing of the territory of the Republic of Kazakhstan or use of any weapon foreign state against the Republic of Kazakhstan;

blockade of ports or coast of the Republic of Kazakhstan by armed forces of foreign state;

attack of armed forces of foreign state on Armed forces, other troops and military forming of the Republic of Kazakhstan, vessel of merchant shipping or civil aviation of the Republic of Kazakhstan;

use of the armed forces of foreign state which are in the territory of the Republic of Kazakhstan according to the international treaty in defiance of the conditions provided in the international treaty or any continuation of their stay in the territory of the Republic of Kazakhstan after cancellation of the international treaty;

action of the state allowing that its territory which it made available to other state was used by this state for making of act of aggression against the Republic of Kazakhstan;

zasylka the state or on behalf of the state of the armed gangs, groups, irregular forces or mercenaries who perform the acts of use of the armed force against the Republic of Kazakhstan having so serious character that it to equivalently listed above acts;

other actions of foreign states directed against sovereignty, territorial integrity or political independence of the Republic of Kazakhstan, and also the acts determined by the Security Council of the United Nations as representing aggression according to provisions of Articles of organization of the United Nations;

2) annexation - violent accession, capture by foreign state of the territory of the Republic of Kazakhstan or its part;

3) military censorship - preliminary approval of messages and materials by mass media of bodies of military management and state bodies, officials according to their requirement or for other bases for the purpose of restriction or imposing of prohibition on distribution of messages and materials or their separate parts, and also control of correspondence, telephone and radio negotiations with the purpose of non-admission of publication and disclosure of the data containing the state secrets;

4) warlike situation - the particular legal regime providing complex of the political, economic, administrative, military and other measures directed to creation of conditions for prevention or reflection of aggression against the Republic of Kazakhstan or direct external threat of its safety, and entered by the President of the Republic of Kazakhstan in all territory of the Republic or in its certain areas;

5) internment - detention and settlement according to the conventional principles and rules of international law to specially allotted places of the settlement of citizens of the state which made aggression against the Republic of Kazakhstan;

6) curfew - the measure entered in case of warlike situation, with indication of terms and time of its action for the purpose of ensuring protection of public order and safety, suppression of intelligence, diversionary and other hostile activities, prohibiting to the population without specially issued omissions and identity documents to be out of dwellings and to move between settlements at the scheduled time days;

7) direct external safety hazard - threat of immunity of Frontier of the Republic of Kazakhstan and use of force concerning the Republic of Kazakhstan, and also prospecting, terrorist, diversionary and other, the activities of special services and organizations of foreign states, and also individuals directed to causing damage of homeland security of Kazakhstan;

8) bodies of military management - strategic, operational and strategic, operational and territorial, operational and tactical, tactical and local authorities of military management;

9) council of defense of area, city of republican value, the capital - the body of military management created for warlike situation and performing within administrative and territorial unit management of state bodies, organizations and special forming for the benefit of defense of the state.

Article 2. Purpose of introduction of warlike situation

The purpose of introduction of warlike situation is creation of conditions for prevention or reflection of aggression against the Republic of Kazakhstan.

Article 3. Legal basis of warlike situation

The legal basis of warlike situation in the Republic of Kazakhstan are the Constitution of the Republic of Kazakhstan, this Law, other regulatory legal acts and the international agreements ratified by the Republic of Kazakhstan.

Article 4. Introduction of warlike situation

1. The basis for introduction in all territory of the Republic of Kazakhstan or in its certain areas of warlike situation are aggression cases against the Republic of Kazakhstan or direct external threat of its safety.

2. The warlike situation in all territory of the Republic of Kazakhstan or in its certain areas is entered by the presidential decree of the Republic of Kazakhstan.

3. In case of introduction of warlike situation by the President of the Republic of Kazakhstan the partial or general colors are called if it was not announced earlier.

4. In the presidential decree of the Republic of Kazakhstan about introduction of warlike situation are determined:

the circumstances which formed the basis for introduction of warlike situation;

the list of the introduced measures and temporary restrictions of the rights and freedoms of citizens and other persons;

borders of the territory on which martial law is imposed;

forces and funds raised for establishment and maintenance of warlike situation;

time from which the warlike situation begins to be effective.

5. The complete text of the presidential decree of the Republic of Kazakhstan about introduction of warlike situation is subject to immediate broadcasting per radio and television, and also official publication.

6. The president of the Republic of Kazakhstan without delay informs Parliament of the Republic of Kazakhstan on introduction of warlike situation and the announcement of partial or general mobilization.

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