LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 30, 2005 No. 54-III ZRK

About international treaties of the Republic of Kazakhstan

This Law determines procedure for the conclusion, accomplishment, change and termination of international treaties of the Republic of Kazakhstan.

The international agreements of the Republic of Kazakhstan are signed, carried out, change and stop according to the Constitution of the Republic of Kazakhstan, the conventional principles and rules of international law, provisions of the most international treaty, the Vienna convention on the right of international treaties, this Law and other legislation of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) initialing - the sheet putting down in the agreed text of the draft of the international treaty of initials of plenipotentiaries of each of the parties participating in negotiations applied as one of methods of establishment of authenticity of the text of the international treaty;

2) depositary - the state, the international organization or its leading executive official who checks the original of the international treaty and who perform the functions provided by rules of international law concerning this international treaty;

3) clause - the unilateral statement in any formulation and under any name, this state or this international organization made by the state or the international organization during the signing, ratification, approval, adoption of the multi-lateral international treaty or accession to it, by means of which wishes to exclude or change legal act of certain provisions of the international treaty in their application to this state or to this international organization;

4) the party participating in negotiations - the state or the international organization which took part in creation or adoption of the text of the international treaty;

5) denouncement - properly drawn up refusal of the Republic of Kazakhstan of the international treaty signed by it and one of methods of cancellation of the international treaty of the Republic of Kazakhstan;

6) the international treaty of the Republic of Kazakhstan - the international agreement signed by the Republic of Kazakhstan with foreign state (foreign states) or with the international organization (the international organizations) in writing and regulated by international law irrespective of contains such agreement in one document or in several documents connected among themselves, and also irrespective of its specific name;

7) the State register of international treaties of the Republic of Kazakhstan - the single state system of registration, accounting and storage of international treaties of the Republic of Kazakhstan containing originals and officially the copies of international treaties certified by depositary, their details and other information of directory nature about them determined by the Ministry of Foreign Affairs;

8) signing - the stage of the conclusion of the international treaty as one of methods of establishment of authenticity of the text or method of expression of consent to be bound by the Republic of Kazakhstan for it the international treaty if the international treaty provides that signing has such force or is otherwise established the arrangement of the Republic of Kazakhstan and other parties participating in negotiations that signing shall have such force or intention of the Republic of Kazakhstan to give to signing such force follows from powers of her representative and (or) was expressed during negotiations;

9) interstate procedures - ratification by Parliament of the Republic of Kazakhstan, approval or acceptance by the President of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan of the international treaty;

10) powers - the right of one person or several persons to represent the Republic of Kazakhstan, performed based on decisions of officials or competent authority of the Republic of Kazakhstan and properly drawn up by the certificate of powers handed or to the party participating in negotiations or depositary directed through diplomatic channels for the purpose of:

adoptions of the text of the international treaty or establishment of its authenticity;

signings of the international treaty;

expressions of consent of the Republic of Kazakhstan to obligation for it the international treaty;

making of other act relating to the agreement;

11) ratification, approval, acceptance and accession - depending on case the international act having such name made based on the corresponding regulatory legal act by means of which the Republic of Kazakhstan expresses internationally the consent to be bound for it the international treaty;

12) the contracting party - the state or the international organization which agreed to obligation for them the international treaty irrespective of was become effective by the international treaty or not;

13) the international organization - interstate or intergovernmental organization;

14) the conclusion of the international treaty - the adoptions of the text of the international treaty, establishment of authenticity of the text of the international treaty and expression of consent of the Republic of Kazakhstan to obligation performed in consecutive procedure for it the international treaty or in case the Republic of Kazakhstan joins the international treaty, - expression of consent of the Republic of Kazakhstan to obligation for it the international treaty;

15) the authentic text of the international treaty - the text of the international treaty considered by the parties or contracting parties participating in negotiations as authentic (final), or the text prevailing in case of discrepancy between the texts constituted in different languages if it is provided by the agreement or on it agreed his participants.

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