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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 6, 2012 No. 527-IV ZRK

About homeland security of the Republic of Kazakhstan

(as amended on 16-11-2020)

This Law governs legal relations in the field of homeland security of the Republic of Kazakhstan and determines content and the principles of safety of man and citizen, society and state, system, the purposes and the directions of ensuring national security of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) information infrastructure – set of technical means and systems of forming, creation, transformation, processing, transfer, use and storage of information;

2) information space – the field of activity connected with forming, creation, transformation, processing, transfer, use, storage of information, making impact including on individual and public consciousness, information infrastructure and actually information;

3) homeland security of the Republic of Kazakhstan (further – homeland security) – the condition of security of national interests of the Republic of Kazakhstan from real and potential hazards providing dynamic development of man and citizen, society and state;

4) ensuring national security of the Republic of Kazakhstan (further – ensuring national security) – the activities of subjects of homeland security directed to protection of national interests against real and potential hazards;

5) system of ensuring national security of the Republic of Kazakhstan – set of the legal, organizational, economic, technical and other measures realized by subjects of homeland security within state policy in the field of homeland security;

6) national interests of the Republic of Kazakhstan – set of legislatively acknowledged political, economic, social and other needs of the Republic of Kazakhstan on which realization the capability of the state depends to provide human rights protection and the citizen, values of the Kazakhstan society and bases of the constitutional system;

7) threats of homeland security – set of external and internal factors (processes and the phenomena) interfering or able to interfere with realization of national interests of the Republic of Kazakhstan;

8) objects of national security – the person, his life, the rights and freedoms; society, its material and cultural wealth; state, its constitutional system;

9) the strategy of homeland security – the strategic document of development of the Republic of Kazakhstan determining the main problems and threats, strategic objectives and target indicators, tasks and indicators of results in the field of ensuring national security;

10) subjects of homeland security – the state performing the powers through bodies of legislative, executive and judicial branches of the power and also citizens and the organizations of the Republic of Kazakhstan participating in realization of state policy in the field of ensuring national security.

Article 2. Legal basis of ensuring national security

1. The legislation of the Republic of Kazakhstan in the field of ensuring national security 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 regulations, than those which contain in this Law then are applied rules of the international treaty.

3. The conclusion of international treaties is not allowed:

1) capable to cause damage to homeland security or leading to loss of independence of the Republic of Kazakhstan;

2) the sovereign rights of the Republic of Kazakhstan narrowing the sphere.

Article 3. Principles of ensuring national security

The principles of ensuring national security are:

1) respecting the rule of law when implementing activities for ensuring national security;

2) priority of rights and freedoms of man and citizen;

3) operational mutual informing and coordination of actions of forces of ensuring national security;

4) unity, interrelation and balance of all types of national security, operational change of their priority depending on development of the situation;

5) priority of precautionary and preventive measures when ensuring national security;

6) timeliness and adequacy of measures of ensuring national security to scales and nature of the caused and (or) potential damage of homeland security;

7) respect for balance of interests of man and citizen, society and state, their cross liability;

8) inspectability of realization of all set of actions for protection of homeland security;

9) integration of system of ensuring national security with the international security systems;

10) accurate differentiation of powers of state bodies.

Article 4. Types of homeland security

Types of homeland security are:

1) public safety – condition of security of life, health and wellbeing of citizens, spiritual and moral values of the Kazakhstan society and social security system from real and potential hazards in case of which integrity of society and its stability is provided;

2) military safety – condition of security of the vital interests of man and citizen, society and state from the external and internal threats connected using military force or intention of its application;

3) political safety – condition of security of bases of the constitutional system, activities of system of state bodies and procedure for public administration from real and potential hazards in case of which observance of the rights and freedoms of citizens, social groups and balance of their interests, stability, integrity and favorable world situation of the state is provided;

4) economic safety – condition of security of national economy of the Republic of Kazakhstan from real and potential hazards in case of which its sustainable development and economic independence is provided;

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