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The document ceased to be valid since  May 5, 2018 according to Item 2 of the Presidential decree of the Republic of Kazakhstan of May 5, 2018 No. 681

PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of July 25, 2013 No. 604

About approval of Rules of use of weapons and military equipment on air courts violators of airspace of the Republic of Kazakhstan

According to item 4 of article 28 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" POSTANOVLYAYU:

1. Approve the enclosed Rules of use of weapons and military equipment on air courts violators of airspace of the Republic of Kazakhstan.

2. This Decree becomes effective after ten calendar days after the first official publication.

President of the Republic of Kazakhstan

N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of July 25, 2013 No. 604

Rules of use of weapons and military equipment on air courts violators of airspace of the Republic of Kazakhstan

1. These rules regulate procedure for use of weapons and military equipment in peace time on air courts violators of airspace of the Republic of Kazakhstan (further - air the judgment violator) in cases of creation of safety hazard of the Republic of Kazakhstan, life and safety of people in its territory and to its strategic objects.

2. Airplanes and helicopters, including unmanned aerial vehicles (means), remotely (automatically) managed and uncontrollable, the rockets, aerostats, balloons, probes and other flight vehicles making violations of procedure for use of airspace of the Republic of Kazakhstan, stipulated in Item 1 article 27 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further - the Law) and Item 1 of article 73 of the Law of the Republic of Kazakhstan "About Frontier of the Republic of Kazakhstan" belong to air courts violators.

3. Use of weapons and military equipment is performed by forces on duty and means Sil of air defense of Armed Forces of the Republic of Kazakhstan, and if necessary - forces and means of other types of Armed Forces of the Republic of Kazakhstan.

The border service of Committee of homeland security of the Republic of Kazakhstan uses weapon and military equipment on unmanned aerial vehicles or others remotely (automatically) to the managed and uncontrollable air vehicles, flight vehicles to unmanned (means) and passengers in zone of their reach in case of protection of Frontier of the Republic of Kazakhstan for taking measures to the termination of illegal crossing of Frontier of the Republic of Kazakhstan.

4. The decision on use of weapons and military equipment on defeat of air sudnanarushitel in Armed Forces of the Republic of Kazakhstan is accepted by the Minister of Defence of the Republic of Kazakhstan, the chief of the General Staff of Armed Forces of the Republic of Kazakhstan or service employees authorized by the Minister of Defence of the Republic of Kazakhstan.

The decision on use of weapons and military equipment on defeat in the relation of unmanned aerial vehicles or others remotely (automatically) the managed unmanned flying means and passengers performing uncoordinated flights in boundary space is accepted by the chief of the frontier post or-faced, is temporary its replacing (the chief of department, post, the commander of the military or boundary ship (motor boat), the commander of the airplane or the helicopter, the senior of border duty, the sentry of outpost, the person on duty on the frontier post, commandant's office), in boundary space or on the offshore section in zone of territorial sea of the Republic of Kazakhstan and is without delay reported on it on higher control center.

5. When making by the air vessel violator of actions, stipulated in Item 2 these rules, crews of the intercepting air vehicles for the termination of violation of procedure for use of airspace before use of weapons on defeat warn about it crew of air sudnanarushitel giving of the established signals. After refusal of the air vessel violator to obey to requirements about the termination of violation of procedure for use of airspace precautionary shots are made.

The decision on production of precautionary shots is made: the chief of the General Staff of Armed Forces of the Republic of Kazakhstan, the commander-in-chief Silami of air defense of Armed Forces of the Republic of Kazakhstan (the chief of general staff Sil of air defense of Armed Forces of the Republic of Kazakhstan), the operations duty officer of the main control center Sil of air defense of Armed Forces of the Republic of Kazakhstan with the immediate report on the Central command post of the General Staff of Armed Forces of the Republic of Kazakhstan.

In case of further non-obedience weapon and military equipment are applied to the air vessel violator on defeat.

6. In the presence of reliable information that on the air vessel violator there are passengers and other persons not involved in violation of procedure for use of airspace, Armed Forces of the Republic of Kazakhstan abstain from use of weapons if further flight of this air vessel violator does not create safety hazard of the Republic of Kazakhstan, life and safety of people and to strategic objects in its territory.

In cases of failure to carry out by the air vessel violator of requirements of controls (servicing) by air traffic and crews of the intercepting air vehicles according to item 4 of article 28 of the Law if further flight of this air vessel violator creates explicit safety hazard of the Republic of Kazakhstan, lives and safety of people and to strategic objects on its territories, Armed Forces of the Republic of Kazakhstan on this air vessel violator take all measures, up to use of weapons and military equipment on defeat.

Armed forces of the Republic of Kazakhstan use weapon and military equipment on the air vessel violator on defeat without the prevention in cases, stipulated in Item 2 articles 73 of the Law of the Republic of Kazakhstan "About Frontier of the Republic of Kazakhstan".

Use of weapons and military equipment stops in case of accomplishment by the air vessel violator of teams of control centers and the intercepting air vehicles.

In case because of adverse meteorological or other conditions to establish the state accessory and type of the air vessel violator it is not possible, escort of the air vessel violator by the intercepting airplanes (helicopters) and radar devices is performed measures for its identification within the territory of the Republic of Kazakhstan are taken.

In the presence of the specified circumstances weapon and military equipment on defeat are not applied if further flight of this air vessel violator does not create safety hazard of the Republic of Kazakhstan, life and safety of people and to strategic objects in its territory.

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