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Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Combating Terrorism

Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Combating Terrorism

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Combating Terrorism

     The following basic concepts are used in this Law:

     1) objects of mass gathering of people – public catering facilities, transport infrastructure (in the field of automobile and urban rail transport), as well as shopping, sports, entertainment facilities, concert halls and other public facilities, educational and healthcare organizations, tourist accommodation;

     2) special purpose unit – a unit formed to suppress acts of terrorism;

     3) hostage is an individual who has been captured and/or held for the purpose of forcing a state body, local government body, or international organization to commit any action or refrain from committing any action as a condition for the release of the person captured and/or being held;

     3-1) protected objects – buildings, structures and structures intended for the stay of protected persons, other buildings, structures and structures protected by the State Security Service of the Republic of Kazakhstan, as well as the adjacent territory and water area;

     4) ideology of violence – a system of social theories, views and ideas justifying violence, including the use of terrorist methods and means to achieve political, religious, ideological and other goals;

     5) terrorism is the ideology of violence and the practice of influencing decision–making by state bodies, local governments or international organizations by committing or threatening to commit violent and (or) other criminal acts related to intimidation of the population and aimed at harming individuals, society and the state.;

     6) an act of terrorism – the commission or threat of an explosion, arson or other actions that pose a risk of death, significant property damage or other socially dangerous consequences, if these actions are committed to violate public safety, intimidate the population or influence decision-making by state bodies of the Republic of Kazakhstan, foreign states or international organizations, as well as encroachment on the life of a person committed for the same purposes, as well as an encroachment on the life of a state or public figure, committed for the purpose of terminating his state or other political activities or out of revenge for such activities;

     6-1) a call to commit an act of terrorism is an appeal expressed publicly or reflected in disseminated information material that affects the consciousness, will and behavior of an individual in order to induce him to commit an act of terrorism.;

     7) an anti–terrorist operation is a complex of special measures involving the use of physical force, service dogs, combat and other equipment, weapons and special means to prevent and suppress an act of terrorism, neutralize terrorists, explosive devices, ensure the safety of individuals and organizations, as well as to minimize and (or) eliminate the consequences of an act of terrorism.

     By decision of the Head of the State Security Service of the Republic of Kazakhstan, security measures to ensure the safety of protected persons are carried out within the framework of anti-terrorist operations in accordance with this Law.;

     8) the legal regime of an anti–terrorist operation is a special regime of functioning of state bodies engaged in countering terrorism, in which the establishment of certain measures, temporary restrictions on the rights and freedoms of citizens, foreigners and stateless persons, as well as the rights of legal entities for the period of the anti-terrorist operation is allowed in the area of the anti-terrorist operation.;

     9) the area of the anti–terrorist operation is defined by the head of the anti-terrorist operation as separate areas of terrain or water areas, airspace, vehicle, building, structure, facility, premises and adjacent territories within which the specified operation is carried out.;

     10) countering terrorism – the activities of state bodies and local self-government bodies in the field of:

     terrorism prevention;

     detection, suppression of terrorist activities, disclosure and investigation of terrorist crimes;

     minimizing and (or) eliminating the consequences of terrorism through the provision of emergency medical care, medical and psychological support, emergency rescue and fire-fighting measures, restoration of normal functioning and environmental safety of facilities exposed to terrorist attacks, social rehabilitation of victims of an act of terrorism and persons involved in its suppression, compensation for moral and material harm to persons who have suffered as a result of an act of terrorism;

     11) the authorized state body for the coordination of activities in the field of countering terrorism is a state body that carries out, within the limits of its powers, interdepartmental coordination of activities in the field of countering terrorism.;

     12) financing of terrorism – provision or collection of money and (or) other property, rights to property or benefits of a property nature, as well as donation, exchange, donation, charitable assistance, provision of information and other services or financial services to an individual or a group of persons or a legal entity, committed by a person who was aware of the terrorist nature of their activities or the fact that the provided property, information, financial and other services will be used to carry out terrorist activities or provide support to a terrorist group, terrorist organization, illegal paramilitary formation;

     13) terrorism prevention is a set of legal, economic, social, organizational, educational, propaganda and other measures carried out by state and local executive bodies to identify, study, eliminate the causes and conditions contributing to the emergence and spread of terrorism;

     14) terrorist – a person involved in carrying out terrorist activities;

     14-1) terrorist materials – any information materials containing information about the ways and means of committing an act of terrorism, as well as signs and (or) calls for terrorist activities, or justifying or justifying the need to carry out such activities;

     15) terrorist group – an organized group with the aim of committing one or more terrorist crimes;

     16) objects vulnerable to terrorism are particularly important state, strategic, dangerous production facilities, as well as objects of economic sectors of strategic importance, objects of mass gathering of people, protected objects requiring mandatory organization of anti–terrorist protection.;

     16-1) anti–terrorist security of facilities vulnerable to terrorism - the condition of facilities vulnerable to terrorism, characterized by the presence of conditions that prevent the commission of an act of terrorism, as well as ensuring the minimization and elimination of consequences in the event of its commission;

     16-2) anti–terrorist protection of facilities vulnerable to terrorism is a set of legal, organizational measures and technical means aimed at ensuring the anti-terrorist protection of facilities;

     17) a terrorist organization is an organization that carries out terrorist activities or recognizes the possibility of using terrorism in its activities, in respect of which a court decision on recognizing it as terrorist has been adopted and entered into legal force.;

     18) terrorist activity – the commission of any of the following acts:

     organization, planning, preparation, financing and implementation of an act of terrorism;

     incitement to an act of terrorism;  

     organization of an illegal paramilitary formation, a criminal community (criminal organization), an organized group for the purpose of committing an act of terrorism, as well as participation in such structures;

     recruitment or training or arming of persons for the purpose of organizing terrorist activities;

     informational or other assistance in the organization, planning, preparation and commission of an act of terrorism;

     propaganda of terrorist ideas, dissemination of terrorist materials, including through the use of mass media or telecommunications networks, as well as public calls to commit an act of terrorism;

     providing financial, legal assistance or other assistance to terrorists, as well as organizations whose activities are recognized as terrorist in accordance with the legislation of the Republic of Kazakhstan, with the understanding that these actions will be used to carry out terrorist activities or provide support to a terrorist organization;

     mercenary activities;

     creation of bases (camps) for the training of mercenaries;

     an attack on individuals or organizations that enjoy international protection;

     encroachment on the life of the President of the Republic of Kazakhstan;

     sabotage;

     undergoing terrorist training, including travel to a place of study to participate in terrorist activities;

     hostage-taking;

     attacking or seizing buildings, structures, communications and communications facilities;

     hijacking, as well as the seizure of an aircraft, water vessel, or railway rolling stock.

 

 

The Law of the Republic of Kazakhstan dated July 13, 1999 No. 416.

This Law establishes the principles, purpose, legal and organizational basis for countering terrorism.

 

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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