Article 1. The basic concepts used in this Law of the Law on Counterintelligence Activities

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The following basic concepts are used in this Law:

1) prompt receipt of information about connections between subscribers and (or) subscriber devices – tacit receipt of information about the date, time, duration and other information about connections between subscribers and (or) subscriber devices;

2) operational audio and (or) video monitoring of a person, place – the secret documentation of speech and other information, actions of an individual, as well as events, processes and phenomena occurring in a particular place, using video, audio equipment or other technical means;

3) prompt removal of information from devices designed to collect, process, transmit and store information – the tacit removal by technical means and (or) software of information from computers, hardware and software complexes and other devices designed to collect, process, transmit and store information;

4) official receipt of information – obtaining information relevant to solving the tasks of counterintelligence activities by directly examining documents, materials, electronic information resources, sending requests to individuals and legal entities who have or may have the specified information.;

5) operational monitoring of the communication network and informatization facilities is the tacit detection of signs of intelligence and subversive activities in information transmitted over the communication network or processed at informatization facilities;

6) controlled delivery – covert surveillance and documentation of the process of acquisition, sale, transfer, movement of objects and things used to carry out intelligence and subversive activities;

7) control purchase – the commission of an imaginary retaliatory transaction for the acquisition of items and things used to carry out intelligence and subversive activities;

8) intelligence action – obtaining and collecting information to the detriment of the national security of the Republic of Kazakhstan;

9) the opening of intelligence and (or) subversive actions is the discovery of a set of signs, facts and conditions for carrying out intelligence and subversive activities.;

10) intelligence and subversive activities – intelligence and (or) subversive actions carried out by special services of foreign states, other foreign organizations, as well as individuals;

11) signs of intelligence and subversive activity - distinctive features of actions, events, processes and phenomena that indicate the possible conduct of intelligence and (or) subversive actions;

12) facts of intelligence and subversive activities – actions, events, processes and phenomena that indicate the conduct of intelligence and (or) subversive actions;

13) secret employee – an employee, a military man, whose affiliation to the body carrying out counterintelligence activities is encrypted;

14) operational surveillance is the tacit perception of actions of individuals, events, and processes taking place in a public place, including through the use of technical means, photography, video surveillance, and audio recordings.;

15) operational deployment – the secret entry of an employee, a military officer of a body engaged in counterintelligence activities, or a confidential assistant into the environment of an object of operational interest;

16) operational penetration – covert penetration into residential, office, industrial and other premises, buildings, structures, storage facilities, vehicles or a site for the purpose of examining them, as well as preparing and conducting counterintelligence activities;

17) operational experiment – obtaining counterintelligence information by secretly studying actions and processes in artificially created, controlled conditions that exclude provocation of a crime;

18) individuals – individuals, as well as legal entities established in accordance with the legislation of the Republic of Kazakhstan, acting on behalf of or in the interests of special services of foreign states, other foreign organizations, or independently;

19) counterintelligence information – information about the signs, facts of intelligence and subversive activities and conditions conducive to its implementation;

20) counterintelligence activities – a system of counterintelligence and organizational measures carried out by special state bodies of the Republic of Kazakhstan to protect the national interests of the Republic of Kazakhstan from intelligence and subversive activities;

21) counterintelligence support – a system of protection measures against intelligence and subversive activities;

22) counterintelligence survey – the public or secret receipt of counterintelligence information from the words of the interviewee;

23) counterintelligence case – a separate procedure for the systematization of materials of counterintelligence activities, verification and evaluation of counterintelligence information;

24) counterintelligence event – public and secret actions aimed at preventing, uncovering and suppressing intelligence and (or) subversive actions;

25) confidential assistants – individuals who have reached the age of eighteen, are capable, cooperate or have previously collaborated on a confidential basis (including under a contract) with a body engaged in counterintelligence activities;

26) information about the identity of confidential assistants, secret employees – information from which it is possible to establish the surname, first name, patronymic (if it is indicated in the identity document); pseudonym (if any); date and place of birth; address of residence; place of work (study); data on their participation in counterintelligence activities; information about their family members or close relatives;

27) subversive action – impact on public relations to the detriment of the national security of the Republic of Kazakhstan;

28) operational control of postal and other items – the secret receipt of counterintelligence information from letters, parcels, parcels and other items;

29) organizational event – actions aimed at creating the conditions necessary for conducting counterintelligence activities, as well as ensuring the use of their results;

30) foreign organizations – organizations that have governing bodies on the territory of a foreign state, regardless of whether the organization is given any status in accordance with the legislation of that foreign state or the norms of international law, or are supported by a foreign state, including one unrecognized by the Republic of Kazakhstan, or carry out activities prohibited by the legislation of a foreign state and (or) the norms of international law. rights that exploit the objective inability of a given foreign State to counteract them;

31) prompt removal of information transmitted or transmitted over electrical (telecommunication) communication networks stored in telecommunications media – secret actions to remove signs, signals, voice information, written text, images, video images, sounds and other information transmitted or transmitted over wired, radio, optical and other electromagnetic systems.

The Law of the Republic of Kazakhstan dated December 28, 2016 No. 35-VI SAM.

This Law defines the legal basis of counterintelligence activities and the system of guarantees of legality of their implementation.

President

Republic of Kazakhstan

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