Article 11. Counterintelligence activities The Law on Counterintelligence Activities

Home / RLA / Article 11. Counterintelligence activities The Law on Counterintelligence Activities

1. Counterintelligence activities include:

1) official receipt of information;

2) counterintelligence survey;

3) establishing open and secret relations with individuals, using their capabilities in counterintelligence activities;

4) Operational implementation;

5) operational surveillance;

6) operational experiment;

7) prompt detection, investigation, and fixation of objects, things, and data;

8) Controlled delivery;

9) control purchase;

10) search for technical intelligence tools and technical information leakage channels;

11) operational monitoring of the communication network and informatization facilities;

12) operational control of postal and other items;

13) prompt removal of information transmitted, transmitted over electrical (telecommunication) communication networks and stored in telecommunications facilities within three months from the moment of its reception, transmission, delivery and (or) processing;

14) prompt receipt of information about connections between subscribers and (or) subscriber devices;

15) prompt removal of information from devices designed to collect, process, transmit and store information;

16) operational audio and (or) video monitoring of a person or place;

17) operational penetration.

2. The counterintelligence measures referred to in paragraph 1 of this article shall be carried out by all bodies engaged in counterintelligence activities in accordance with the tasks assigned to them.

3. The procedure for conducting counterintelligence activities provided for in subparagraphs 1) – 11) of paragraph 1 of this Article is determined by the regulatory legal acts of the body carrying out counterintelligence activities.

4. The counterintelligence activities specified in subparagraphs 12) – 17) of paragraph 1 of this Article are carried out with the approval of the prosecutor or in accordance with the procedure agreed with the Prosecutor General of the Republic of Kazakhstan.

The procedure for conducting counterintelligence activities specified in part one of this paragraph is determined by regulatory legal acts of bodies engaged in counterintelligence activities, adopted in coordination with the Prosecutor General of the Republic of Kazakhstan.

5. Counterintelligence activities related to the use of a communication network in the interests of solving tasks by all bodies engaged in counterintelligence activities are technically carried out by national security agencies.

The procedure for conducting these events is determined by a joint regulatory legal act of the bodies engaged in counterintelligence activities, adopted in coordination with the Prosecutor General of the Republic of Kazakhstan.

6. The list and procedure for conducting counterintelligence activities not specified in paragraph 1 of this Article related to the use of methods and means, information about which constitutes state secrets, shall be established by regulatory legal acts of the body carrying out counterintelligence activities.

These measures should not affect the inviolability of private life protected by law, the secrecy of correspondence, telephone conversations, telegraphic messages and mail, as well as the right to inviolability of the home. The use of methods and means in them that endanger human life and health, as well as the environment, is not allowed.

7. For the technical conduct of counterintelligence activities, the functions of telecommunications equipment purchased and installed by telecom operators in accordance with the requirements for networks and means of communication determined by the legislation of the Republic of Kazakhstan in the field of communications may be used.

8. The State Security Service and the authorized body in the field of foreign intelligence have the right to conduct counterintelligence activities specified in subitems 13) and 14) of paragraph 1 of this Article, excluding connection to fixed equipment and communication lines of individuals and legal entities providing services and means of communication in the territory of the Republic of Kazakhstan.

9. Counterintelligence activities at the operational support facilities of the State Security Service and in the area of security measures are carried out in coordination with the State Security Service in accordance with the procedure determined by joint regulatory legal acts of bodies engaged in counterintelligence activities.

10. The sequence and content of specific counterintelligence activities are determined by the conditions of counterintelligence activities.

11. The procedure for disposing of property obtained during counterintelligence activities and converting it to state revenue is determined by the Government of the Republic of Kazakhstan.

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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