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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2013 No. 866

About approval of Rules of involvement of citizens to protection of Frontier of the Republic of Kazakhstan within boundary space

(as amended on 09-02-2021)

According to the subitem 18) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of involvement of citizens to protection of Frontier of the Republic of Kazakhstan within boundary space.

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

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of August 27, 2013 No. 866

Rules of involvement of citizens to protection of Frontier of the Republic of Kazakhstan within boundary space

1. General provisions

1. These rules of involvement of citizens to protection of Frontier of the Republic of Kazakhstan within boundary space (further - Rules) are developed according to the subitem 18) of article 55 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" and determine procedure for involvement of citizens of the Republic of Kazakhstan to protection of Frontier (further - persons participating in protection of Frontier) within boundary space.

2. Actions of these rules do not extend to the legal relationship which arose in connection with the operational search and counterintelligence activities regulated by the laws of the Republic of Kazakhstan of September 15, 1994 "About operational search activities" and of December 28, 2016 "About counterintelligence activities".

3. In these rules the following concepts are used:

1) boundary space of the Republic of Kazakhstan (further - boundary space) - Frontier of the Republic of Kazakhstan (further - 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, and also the territories of check points through Frontier, the continental shelf and airspace over them, in limits which authorized bodies perform boundary activities;

2) voluntary team - the group of citizens of the Republic of Kazakhstan participating under the leadership of representatives of division of military unit in protection of Frontier on voluntary and public basis;

3) the voluntary combatant - the member of voluntary team who is carrying out under the leadership of representatives of division of military unit voluntarily undertaken obligations on participation in protection of Frontier;

4) the freelance employee of the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) - the citizen of the Republic of Kazakhstan attracted on voluntary basis by representatives of structural divisions of territorial subdivisions of the Border service (further - structural divisions) to protection of Frontier for the solution of long-term tasks or in case of need;

5) the book of the border service - the main reporting document reflecting office and fighting activities of divisions of the Border service.

2. Forms and types of attraction to protection of Frontier

4. Involvement of persons to protection of Frontier is performed in the form of public and secret cooperation.

5. The procedure for attraction of persons to protection of Frontier in the form of public cooperation is determined according to these rules.

6. Involvement of persons to protection of Frontier in the form of secret cooperation is performed according to the laws of the Republic of Kazakhstan of September 15, 1994 "About operational search activities" and of December 28, 2016 "About counterintelligence activities".

7. Decisions of the coordination councils on boundary questions created under akimats of border areas (cities) for the purpose of increase in efficiency and coordination of activities of persons participating on voluntary basis create voluntary teams and their heads are appointed.

8. Persons are involved in protection of Frontier in the following forms:

1) as freelance employees;

2) individual - as the voluntary combatant;

3) collective - as a part of voluntary team.

9. Individual participation of persons in protection of Frontier is expressed in rendering assistance to representatives of structural divisions by the message on the facts and attempts of violation of Frontier, the mode of Frontier, boundary regime, mode which became known for it at check points, the mode of territorial waters (sea) and internal waters and the mode of the continental shelf.

10. Freelance employees, voluntary combatants perform the activities under control of representatives of structural divisions in the way:

1) participations independently and (or) joint service with representatives of structural divisions, for the purpose of cover of approaches to Frontier, search, detection, detentions of persons which broke the modes set in boundary space, execution by means of bypass, detour, observation of boundary space, search, prosecution and detention of violators of Frontier;

2) carrying out independently and (or) together with representatives of structural divisions of survey on routes of possible movement of violators of Frontier, places of their shelter, vehicles and the area in boundary space, for the purpose of establishment of the reasons and conditions of stay of unknown persons, execution by means of periodic survey of the area of boundary space, conversations with inhabitants, verification of documents for the purpose of identification and detention of persons which broke the set mode;

3) the independent prevention and suppression of offenses in boundary space;

4) use of physical force and other means for the purpose of suppression of offenses and detention of offenders if in other ways it is not possible to achieve the specified objectives;

5) detentions and deliveries of persons who made offenses in boundary space in structural divisions, law enforcement or other authorized bodies.

11. Holding the actions specified in Item 10 of these rules is preceded by the legal training of persons participating in protection of Frontier, performed based on the relevant structural divisions.

12. Persons participating in protection of Frontier in case of accomplishment of tasks on protection of Frontier:

1) is informed without delay by divisions of the Border service on the facts of the preparing or committed offenses which became known for it in boundary space;

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