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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 26, 2016 No. 90

About approval of the List and the Procedure for application of special means in protection of Frontier of the Kyrgyz Republic

For the purpose of implementation of article 31 of the Law of the Kyrgyz Republic "About Frontier of the Kyrgyz Republic", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

Approve:

- The list of the special means applied in protection of Frontier of the Kyrgyz Republic according to appendix 1.

- Procedure for application of the special means used in protection of Frontier of the Kyrgyz Republic according to appendix 2.

2. Bring in the order of the Government of the Kyrgyz Republic "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic to number of state bodies of the executive authority" of September 15, 2014 No. 530 the following amendment:

- in appendix 1 to the above-stated resolution to add Item 24 with the paragraph third the following content:

"-regulations of providing with special means, procedure for their accounting, storage, carrying, issue, write-off and destruction, the organization of training of the military personnel for the actions connected using special means and necessary security measures in case of their use.".

3. To impose control of execution of this resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

4. This resolution becomes effective after ten days from the date of official publication.

Prime Minister

T. Sariyev

Appendix 1

The list of the special means applied in protection of Frontier of the Kyrgyz Republic

1. Sticks rubber shock and shock impact and devices of electroconvulsive impact.

2. Handcuffs and make-shifts for binding (forging) for restriction of illegal or dangerous actions.

3. Special arms (guns, rifles, automatic machines, grenade launchers, grenades, etc.) non-lethal (shock and shock, tear irritating, smoke, light, acoustic) and imitating action and ammunition to them, and also special ammunition of non-lethal and imitating action to regular weapon.

4. Means of individual and collective armored protection (wearable broneshchita, bullet-proof vests, broneshlema, protective suits), and also means of individual and collective protection of the military personnel of authorized state body in case of accomplishment of obligations on protection of Frontier of the Kyrgyz Republic and carrying out special actions (transactions).

5. Devices for opening of rooms, doors, destruction of glazing of vehicles (cars, rail cars), and also other objects having apertures from glass in case of accomplishment of obligations on protection of Frontier of the Kyrgyz Republic and carrying out special actions (transactions).

6. Devices for forced stop of vehicles.

7. Means of decontamination, deactivation, disinfection, radiation, chemical survey and control of radiation exposure.

Appendix 2

Procedure for application of the special means used in protection of Frontier of the Kyrgyz Republic

1. This Procedure for application of the special means used in protection of Frontier of the Kyrgyz Republic (further - the Procedure), establishes rules of application of special means in case of accomplishment of the tasks determined by the Law of the Kyrgyz Republic "About Frontier of the Kyrgyz Republic".

2. Special means are taken advantage of authorized state body in the sphere of protection of Frontier of the Kyrgyz Republic (further - the representative state body) and the funds deposited in the corresponding List intended and developed for application for the purpose of rendering non-lethal reversible impact on object in case of accomplishment of obligations for protection of Frontier of the Kyrgyz Republic and ensuring own safety of the military personnel of authorized state body.

3. The military personnel of authorized state body (further - the military personnel) has the right to apply special means based on article 47 of the Law of the Kyrgyz Republic "About Frontier of the Kyrgyz Republic".

4. Special means are applied by the military personnel according to the decision of commanders (chiefs) or the senior border duties, and also independently in case of accomplishment of obligations on protection of Frontier of the Kyrgyz Republic and ensuring own safety of the military personnel of authorized state body.

5. The type of special means and intensity of its application are determined by the military personnel taking into account the developing situation, nature of offense and the identity of the offender.

6. In case of application of special means the military personnel shall:

- warn about intention to use them, having provided at the same time enough time for fulfillment of requirements unless the delay in application of special means creates direct danger of life and to health of the military personnel, employees and citizens, can entail other heavy consequences or when such prevention in the created situation is inappropriate or impossible;

- aim, to that that any damage caused at the same time was minimum;

- provide to the faces which sustained bodily harms, provision of the pre-medical help;

- about each case of application of special means to report on the immediate superior (commander);

- observe security measures in case of the address with special means,

7. Officials of authorized state body without delay (but no later than days) report in bodies of prosecutor's office, and concerning foreign citizens - in authorized state body in the sphere of foreign affairs of the Kyrgyz Republic about each case of application by the military personnel, special means which entailed damnification to health or entailed death of people.

8. Application of special means concerning persons specified in article 47 of the Law of the Kyrgyz Republic "About Frontier of the Kyrgyz Republic" except as specified armed or group attack from their party is forbidden.

9. Features of application of separate types of special means:

a) rubber sticks - striking blows on the head, neck and clavicular area, stomach, genitals is forbidden;

b) handcuffs - in case of convoy of the detained persons check of condition of fixing of locks is required periodic (at least once at two o'clock);

c) tear substances - aim firing at offenders, repeated application within defeat zone during effect of these substances is forbidden;

d) aerosol tear substances - repeated application within defeat zone during effect of these substances is forbidden;

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