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LAW OF THE KYRGYZ REPUBLIC

of May 21, 2015 No. 110

About explosive materials of industrial function

(as amended of the Law of the Kyrgyz Republic of 26.11.2016 No. 189)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 6, 2015

Chapter 1. General provisions

Article 1. Purposes and scope of application

1. This Law determines the legal basis of regulation of turnover of explosive materials in the territory of the Kyrgyz Republic for the purpose of:

1) ensuring energy use of explosion in the peace purposes;

2) safety of the personnel working with explosive materials, the populations and also protection of property and the environment;

3) preventions of criminal infringement of public safety;

4) establishments of responsibility for violation of the legislation of the Kyrgyz Republic in the field of turnover of explosive materials:

a) officials of state bodies;

b) officials and workers of subjects of turnover of explosive materials.

2. Operation of the Law extends:

1) on all explosive materials of industrial function;

2) on the explosive materials of legal entities participating in turnover irrespective of their form of business and physical persons.

3. Operation of this Law does not extend to turnover of military explosive materials, and also to turnover of cartridges and ammunition to weapon.

Article 2. Legal regulation of turnover of explosive materials

Legal regulation of turnover of explosive materials is performed according to this Law, other regulatory legal acts of the Kyrgyz Republic, and also international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 3. Basic concepts and determinations

For the purposes of this Law the following basic concepts and determinations are used:

1) safety in case of turnover of explosive materials of industrial function - condition of security of the personality, society and state from violations of established procedure of turnover of explosive materials of industrial function;

2) explosive - chemical compounds or their mix capable as a result of certain external impacts or internal processes to blow up, generating heat and forming strongly heated gases. The complex of processes which at the same time happen in such substance is called detonation. Traditionally also refer to explosives connections and mixes which do not detonate, and burn with certain speed (throwing gunpowder, pyrotechnic structures). Explosives belong to the power condensed systems;

3) explosive materials of industrial function (further - explosive materials) - the general name intended day of use in the industrial purposes of explosives, including gunpowder, including the products transferring the initiating impulse (means of initiation), and also pyrotechnic means and products on their basis (pyrotechnic products);

4) explosive works - complex of the engineering procedures connected with preparation and production of explosions, and also liquidation of their dangerous effects;

5) testing of explosive materials - determination of quality and (or) suitability of explosive materials for storage and application during the explosive works;

6) marking designations - the conditional texts, signs, symbols and (or) special information carriers applied on the products containing explosives, and (or) their packaging for the purpose of their identification and accounting;

7) turnover of explosive materials - the activities including production, testing, packaging, realization, transportation (transportation), storage, preparation for application, application, accounting, acquisition and destruction of explosive materials, and also their withdrawal, import to the territory of the Kyrgyz Republic and export out of its limits including transit across the territory of the Kyrgyz Republic;

8) transportation of explosive materials - change of the location (except for the intershop and technology transportations performed in one territory of the legal entity) explosive materials, including the stops which are required in accordance with the terms of transportation and any time spent of explosive materials in vehicles and containers which is required in accordance with the terms of transportation to in time and after change of their location;

9) preparation of explosive materials for application - rastarivaniye of explosives and preparation them to use, including to loading in charging vehicles, reduction of means of initiation and pyrotechnic products in the condition suitable for use;

10) use of explosive materials - accomplishment of the explosive works and other actions provided by direct purpose of the specified materials and also preparation for their carrying out;

11) production of explosive materials - production of the explosives and products containing them and also the research and development works connected with development of the new explosives and products containing them;

12) realization of explosive materials - implementation of the actions connected with change of the owner, user or manager of the specified materials;

13) means of initiation - the devices causing detonation or burning of explosive;

14) the register of explosive materials - the information system containing data on the explosive materials permitted for industrial use in the territory of the Kyrgyz Republic;

15) the subject of turnover of explosive materials - the legal entity who according to the legislation is granted the right to implementation of the corresponding type of activity in the field of turnover of explosive materials;

16) destruction of explosive materials - neutralization of explosive materials (detonation, burning, dissolution in water);

17) packaging of explosive materials - means or complex of the means intended for protection of explosive materials against damages and pollution, the exceptions of their hit to the environment and also providing the regulated storage conditions, transportations, uses and possibility of their accounting;

18) loss of explosive materials - the general name of cases of plunders, scattering and losses of explosive materials;

19) storage of explosive materials - placement of explosive materials in specialized places, constructions and on objects.

Article 4. Types of activity with explosive materials

Types of activity with explosive materials are determined by engineering procedures of works with energy use of explosion for the solution of scientific, technical and economic tasks.

The procedure for turnover of civil pyrotechnic products in the territory of the Kyrgyz Republic is established by the Government of the Kyrgyz Republic.

Article 5. Register of explosive materials

1. The register of explosive materials (further - the register) conducts the authorized body equipped with special allowing functions and performing development of state policy and normative legal regulation in the field of industrial safety.

2. The procedure for forming and maintaining the register, procedure for submission of information containing in it are established by the Government of the Kyrgyz Republic.

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