LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 10, 2015 No. 274-V ZRK

About National guard of the Republic of Kazakhstan

This Law governs the public relations in the field of activities of National guard of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. National guard of the Republic of Kazakhstan and its purpose

1. The national guard of the Republic of Kazakhstan (further - National guard) is included into single system of law-enforcement bodies of the Republic of Kazakhstan and is intended for safety of the personality, society and the state, protection of rights and freedoms of man and citizen against criminal and other illegal encroachments.

2. Intervention in activities of National guard when implementing of the powers by it is forbidden.

3. The national guard has flag and symbol. Regional commands, connections, military units and the highest military educational institution of National guard have battle flags of the established sample.

Descriptions of flag and symbol of National guard, battle flags of regional commands, connections and military units, the highest military educational institution affirm the President of the Republic of Kazakhstan.

Article 2. Legal basis of activities of National guard

1. The legal basis of activities of National guard is constituted by the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Principles of activities of National guard

Activities of National guard are performed on the basis of the principles of public service in the Republic of Kazakhstan, and also:

1) obligation of protection of rights and freedoms of man and citizen, interests of society and the state from illegal encroachments;

2) unities of approaches to the organization of service in the ranks of National guard;

3) one-man management and subordination (subordination);

4) independence of activities of political parties and other public associations.

Chapter 2. Tasks and powers of National guard

Article 4. Tasks of National guard

1. The following tasks are assigned to National guard:

1) protection of important state objects and particular loads;

2) participation together with law-enforcement bodies in protection of public order, suppression of mass riots, ensuring public safety and legal regimes of emergency and warlike situation, anti-terrorist operation, participation in it, and also in actions for liquidation of emergency situations of natural, technogenic and social nature and their effects;

3) protection of the organizations of criminal executive system except for intended for serving sentence of the condemned women, minors organizations of complete safety and pre-trial detention centers;

4) control and supervision of behavior of persons containing in the organizations of criminal executive system protected by National guard and also the citizens who are in their territory;

5) convoy of the convicts and persons who are held in custody;

6) accomplishment of separate tasks in system of territorial defense of the Republic of Kazakhstan in wartime;

7) participation in special transactions on neutralization of the armed criminals, the termination of activities of the illegal militarized or paramilitary groups (groups), organized criminal groups (communities) in the territory of the Republic of Kazakhstan;

8) participation in suppression of heavy and especially serious crimes, diversions, acts of terrorism, armed conflicts and separation of warring parties;

9) accomplishment of tasks according to the international treaties ratified by the Republic of Kazakhstan.

2. Other tasks are assigned to National guard by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Powers of National guard

1. The national guard within the competence shall:

1) to protect life, health, rights and freedoms of man and citizen from illegal encroachments;

2) to provide protection of important state objects and particular loads;

3) to participate in ensuring public safety and protection of public order by execution of security guard and patrol service, including during mass actions;

4) to provide protection of organizations of criminal executive system of average safety, maximum safety, extreme safety, the mixed safety, to exercise control and supervision of convicts under the direction of their administration, to escort the convicts and persons who are held in custody;

5) it is excluded;

6) to participate in suppression of mass riots, group nepovinoveniye and actions for the prevention and liquidation of emergency situations of social nature;

7) to take part in conducting anti-terrorist operations and security actions;

8) to participate in special transactions on suppression of activities of the illegal militarized or paramilitary groups (groups), the terrorist organizations, organized criminal groups (communities), and also on release of hostages;

9) it is excluded;

10) to participate in ensuring legal regimes of emergency and warlike situation according to the legislation of the Republic of Kazakhstan;

11) messages military (fighting) operations to carry out tasks in the conditions of emergency and warlike situation, and also conditions of armed conflicts;

12) to participate in liquidation of emergency situations of natural and technogenic nature and their effects, including on the protected objects of National guard, except for especially important state objects;

13) to participate in ensuring public order in zone of liquidation of emergency situations of natural and technogenic nature and their effects and in regime and restrictive actions in case of quarantines;

14) it is excluded;

15) to participate in boundary searches and transactions according to the procedure, determined by joint decisions of the Minister of Internal Affairs of the Republic of Kazakhstan and the Chairman of Committee of homeland security of the Republic of Kazakhstan;

16) to take part in search of persons who made escape from under protection and supervision in organizations of criminal executive system from army guard in case of convoy;

17) to make examination of persons, their things, vehicles when providing access control on the objects which are subject to the state protection;

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