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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 16, 2013 No. 70-V ZRK

About Frontier of the Republic of Kazakhstan

(as amended on 19-04-2019)

This Law governs the public relations in the field of protection of Frontier of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Frontier of the Republic of Kazakhstan

Frontier of the Republic of Kazakhstan (further - Frontier) - the line and the vertical plane passing on it, the determining limits of the territory of the Republic of Kazakhstan (sushi, waters, subsoil, airspace) and spatial limit of action of the state sovereignty of the Republic of Kazakhstan.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) special means - the means intended for the physical, traumatic, chemical, electric, psychological, distracting or other impact on offenders, used by them transport and objects for the purpose of suppression of illegal actions or individual protection and masking of the military personnel, the staff of the authorized bodies and citizens participating in protection of Frontier;

1-1) ensuring transactions on subsurface use - activities for transportation by vessels of the persons, baggage and freights involved and intended for exploration and production of minerals and also the activities connected with use of courts in servicing and operation of the ports, maritime terminals, berthing facilities of the Republic of Kazakhstan and channels used for support of transactions of exploration and production of minerals;

2) boundary of engineering constructions and obstacles - the land strip which is taken away within boundary space of the Republic of Kazakhstan in permanent use intended for ensuring activities of the Border service of Committee of homeland security of the Republic of Kazakhstan;

3) inspection and customs complex - the customs intraskopichesky equipment (stationary, figurative and mobile technical means of not intrusive examination) equipped with image processing and analysis systems, used by authorized bodies for visual check railway and vehicles, content of cargo sections of vehicles, containers without their opening by method of not intrusive (contactless) examination;

4) initial lines for counting of width of territorial waters (sea) of the Republic of Kazakhstan on the Caspian Sea - the lines of mean annual level (on mark minus 28,0 of meters of the Baltic system of heights concerning zero Kronstadt tide gage) located on the mainland of the Republic of Kazakhstan and its islands and also straight lines which limit limits of internal waters of the Republic of Kazakhstan in gulfs, bays, lips and estuaries belonging to the Republic of Kazakhstan;

5) territorial waters (sea) of the Republic of Kazakhstan (further - territorial waters (sea) - the sea belt twelve nautical miles wide measured according to rules of international law and the laws of the Republic of Kazakhstan from initial lines on the Caspian Sea to which sovereignty of the Republic of Kazakhstan extends and its external limit is Frontier;

6) the continental shelf of the Republic of Kazakhstan (further - the continental shelf) - the site of seabed and subsoil measured from Frontier (external limit of territorial waters (sea) to the limits set by the international treaties ratified by the Republic of Kazakhstan;

7) boundary space of the Republic of Kazakhstan (further - boundary space) - Frontier and the territory of the Republic of Kazakhstan adjoining it to external limits of border area with the available territorial waters (sea) and internal waters of the Republic of Kazakhstan, and also the territory of check points through Frontier and other places where the omission through Frontier, the continental shelf and airspace over them within which authorized bodies perform boundary activities is performed;

8) physical protection of foreign institutions of the Republic of Kazakhstan (further - physical protection of foreign institutions) - the component of safety of foreign institutions of the Republic of Kazakhstan and their personnel including complex of actions for providing the inside and throughput modes in foreign institutions of the Republic of Kazakhstan;

9) internal waters of the Republic of Kazakhstan (further - internal waters) - component of the territory of the Republic of Kazakhstan which includes waters:

located towards the coast from initial lines on the Caspian Sea;

the gulfs, bays, lips and estuaries limited to the straight line drawn from the coast to the coast in the place of mean annual level;

the ports of the Republic of Kazakhstan limited to the line passing through the points of hydraulic engineering and other permanent constructions of ports which are most removed towards the sea;

The Aral Sea, located from Frontier towards the coast of the Republic of Kazakhstan to hydroconstruction Aklak in Berg's passage (within the Kazakhstan part of the Big Aral Sea);

the boundary rivers, lakes and other reservoirs which coast belong to the Republic of Kazakhstan;

10) redemarkation - recovery lost and the repair of obsolete border markers, installation of additional border markers which are drawn up by the international treaty ratified by the Republic of Kazakhstan;

11) office animals - the dogs and horses intended for strengthening of border duties for the purpose of the prevention, identification, establishment and suppression of offenses in boundary space and also the physical, psychological, blocking and other impact on offenders;

12) delimitation - the determination of provision and direction of Frontier under the agreement between the adjacent states which is drawn up by the international treaty ratified by the Republic of Kazakhstan, and graphical represented on the cards attached to this international treaty;

13) the omission of persons, vehicles, freights and goods through Frontier - recognition of legality of crossing (permission to crossing) of Frontier by persons, vehicles, movements through Frontier of freights and goods;

13-1) other place where the omission through Frontier is performed, - the territory (water area) which is not the check point where the omission through Frontier of persons, vehicles, freights and goods is in exceptional cases performed;

14) the check point through Frontier (further - the check point) - the territory (water area) within the railway, automobile station or the station, sea or river port, the international airport or airfield, and also other site of the area which is specially allocated in close proximity to Frontier with the corresponding infrastructure on which the omission of persons, vehicles, freights and goods is performed;

15) the freights and goods moved through Frontier (further - freights and goods) the commercial and non-commercial freights, goods, objects, materials, means, substances, hand luggage (baggage) and vehicles moved through Frontier;

16) arrangement of Frontier - the measures taken by authorized bodies on creation and development of infrastructure of Frontier;

17) engineering and technical means of protection of Frontier (further - technical means) - the means intended for the prevention, identification and suppression of offenses in boundary space;

18) Frontier infrastructure - complex of the boundaries, objects, the hydraulic engineering, engineering and other constructions and obstacles erected, equipped and used by authorized bodies for the purpose of protection of Frontier;

19) establishment of Frontier - package of measures for international legal determination, the documentary description and legislative registration of Frontier;

20) categorization of Frontier - determination of condition of sites of Frontier on the basis of nature of their specific features (relations with the adjacent states, threats of boundary safety, socio-political provision and density of population of border areas, land relief) and legal status (status) of Frontier;

21) river thalweg - the line connecting the most lowered sites of river bed;

22) radiation control - check of level of the ionizing radiation proceeding from the freights, goods and (or) vehicles moved through Frontier, and its comparison with natural background;

22-1) service infrastructure - the territory, buildings and constructions intended for improvement of conditions of movement of persons and vehicles, cargo transfer (goods) and ensuring activities of monitoring bodies at check points;

23) authorized bodies - the state bodies performing protection of Frontier within the competence;

24) waterway - way, safe for navigation of vessels among obstacles (between islands, banks), designated by means of navigation barrier (buoys, milestones, stvorny signs);

25) demarcation - determination and designation of Frontier on the areas which are drawn up by the international treaty ratified by the Republic of Kazakhstan;

26) borderline case - the incident on Frontier connected with violation of the mode of Frontier, infringing on interests of the Republic of Kazakhstan, one or several the states, adjacent with it;

27) boundary safety - the component of homeland security of the Republic of Kazakhstan representing condition of security of political, economic, information, humanitarian and other interests of the personality, society and state in boundary space;

28) border area - the part of the territory of the Republic of Kazakhstan adjoining borderland within the territory of administrative and territorial units;

29) borderland - the part of the territory which on the onshore section is directly adjoining Frontier, and on the site where the Frontier passes across the boundary rivers, lakes and other reservoirs, - directly adjoining the radical coast of the specified reservoirs, and also the territory of the islands located in them where the Frontier mode is effective;

30) boundary representatives - the authorized officers designated from among officers of the Border service of Committee of homeland security of the Republic of Kazakhstan for the solution of the questions connected with maintenance of the set Frontier mode;

31) Item of meetings of boundary representatives - the certain building with specially equipped rooms used by the Border service of Committee of homeland security of the Republic of Kazakhstan for the organization and holding meetings of boundary representatives, and also the international meetings.

Article 3. Legislation of the Republic of Kazakhstan on Frontier

1. The legislation of the Republic of Kazakhstan on Frontier 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 are provided by this Law then are applied rules of the international treaty.

Article 4. Boundary policy

1. The boundary policy represents the approved, coordinated activities of the Government of the Republic of Kazakhstan and authorized bodies aimed at providing boundary safety, the prevention and suppression of infringement of sovereignty, integrity and immunity of the territory of the Republic of Kazakhstan, protection of its Frontier.

2. The boundary policy is implemented by way:

1) international cooperation;

2) peaceful resolution of boundary questions;

3) coordinated actions of authorized bodies.

3. Development of offers on forming of boundary policy of the Republic of Kazakhstan is performed by the State Border Commission under the Government of the Republic of Kazakhstan.

The structure, powers and procedure for activities of the State Border Commission are determined by the provision approved by the Prime Minister of the Republic of Kazakhstan.

Article 5. Principles of protection of Frontier

The principles of protection of Frontier are:

1) respecting the rule of law when implementing activities for protection of Frontier;

2) ensuring integrity, immunity and inalienability of the territory of the Republic of Kazakhstan;

3) observance of rights and freedoms of man and citizen;

4) the cross liability of the personality, society and state in case of protection of Frontier;

5) respect for rules of international law.

Article 6. Protection of Frontier

1. Protection of Frontier consists in ensuring national security of the Republic of Kazakhstan in boundary space and is performed by the Government of the Republic of Kazakhstan and authorized bodies by acceptance by them within the competence of political, legal, organizational, economic, boundary, military and other measures.

Citizens and the organizations of the Republic of Kazakhstan can take part in protection of Frontier.

2. Within boundary space for the purpose of protection of Frontier the following modes are entered:

1) Frontier mode;

2) the mode at check points;

3) boundary regime;

4) mode of territorial waters (sea) and internal waters;

5) mode of the continental shelf.

Article 7. Protection of Frontier

1. Protection of Frontier as component of protection of Frontier consists in holding by authorized bodies complex of actions for non-admission of change of passing of Frontier, and also to identification and suppression of prerequisites, signs and facts of violations of the mode of Frontier and the mode at check points.

2. Protection of Frontier on the land, in territorial waters (sea) and internal waters (including in the underwater circle) is performed by the Border service of Committee of homeland security of the Republic of Kazakhstan.

3. Protection of Frontier in airspace is performed by Armed Forces of the Republic of Kazakhstan.

Article 8. Measures for protection of Frontier

1. The border service of Committee of homeland security of the Republic of Kazakhstan and Armed Forces of the Republic of Kazakhstan raise forces and funds of authorized bodies, organizations and citizens for accomplishment of actions for protection of Frontier according to this Law, other regulatory legal acts of the Republic of Kazakhstan.

2. Measures for protection of Frontier are taken taking into account categorization of its sites.

Chapter 2. Establishment, designation and arrangement of Frontier

Article 9. Establishment of Frontier

1. The frontier is established in the course of delimitation, demarcation and redemarkation.

2. The actions connected with delimitation, demarcation and redemarkatsiy Frontier are performed by the joint commission formed of representatives of the Republic of Kazakhstan and the adjacent states.

3. The frontier is established:

1) on the land - on characteristic points, lines of relief or it is clear to visible reference points;

2) on the Caspian Sea - on external limit of territorial waters (sea) of the Republic of Kazakhstan;

3) on the Aral Sea - in the area of the border points connecting Frontier exits to coast which does not move in case of change of outline of coast and water level in the sea;

4) on the navigable rivers - on the middle of the main waterway or thalweg of the river, on the non-navigable rivers, streams - on their middle or the middle of the main sleeve of the river, on lakes and other reservoirs (except for the reservoirs specified in the subitem 5) of Item 3 of this Article) - on the equidistant, median, direct or other line connecting Frontier exits to coast of the lake or other reservoir.

The frontier passing down the river to stream, the lake or other reservoir, does not move in case of change of outline of coast or water level, and also in case of variation of the bed of the river, stream;

5) on water storage basins of water-engineering systems and other artificial reservoirs - according to the Frontier passing on the area before its flooding;

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