Article 2. The basic concepts used in this Law of the Law on the State Border of the Republic of Kazakhstan

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The following basic concepts are used in this Law:

1) the automated electronic queue system (hereinafter referred to as the electronic queue system) is a software and hardware complex designed to book the time of entry of motor vehicles at automobile checkpoints upon departure from the Republic of Kazakhstan;

1-1) special means – means intended for physical, traumatic, chemical, electrical, psychological, distracting or other effects on offenders, vehicles and facilities used by them in order to prevent illegal actions or individual protection and disguise of military personnel, employees of authorized bodies and citizens involved in the protection of the State Border;

1-2) provision of subsurface use operations – activities involving the transportation by ships of persons, baggage and cargo involved in and intended for the exploration and extraction of minerals, as well as activities related to the use of ships in the maintenance and operation of ports, sea terminals, berthing facilities of the Republic of Kazakhstan and channels used to support operations for exploration and extraction of minerals Fossils;

2) the boundary of engineering structures and barriers is a strip of land allocated within the border area of the Republic of Kazakhstan for permanent use, intended to ensure the activities of the Border Service of the National Security Committee of the Republic of Kazakhstan;

3) inspection and inspection complex - intrascopic inspection equipment (stationary, portable and mobile technical means of non–intrusive inspection), equipped with image processing and analysis systems, used by authorized bodies for visual inspection of railway and motor vehicles, contents of cargo compartments of vehicles, containers without opening them by non-intrusive (contactless) inspection;

4) baselines for measuring the width of the territorial waters of the Republic of Kazakhstan on the Caspian Sea (hereinafter referred to as baselines) are the average annual level lines (at minus 28.0 meters of the Baltic elevation system relative to the zero of the Kronstadt footstock) located on the mainland of the Republic of Kazakhstan and its islands, as well as straight lines that limit the limits of the Republic's internal waters Kazakhstan in bays, coves, bays and estuaries belonging to the Republic of Kazakhstan;

5) territorial waters of the Republic of Kazakhstan (hereinafter referred to as territorial waters) – a marine belt fifteen nautical miles wide, measured in accordance with the norms of international law and the laws of the Republic of Kazakhstan from the baselines, which is subject to the sovereignty of the Republic of Kazakhstan and the outer limit of which is the State Border;

5-1) the fishing zone of the Republic of Kazakhstan (hereinafter referred to as the fishing zone) is a ten–nautical–mile wide marine belt measured from the State Border (the outer limit of territorial waters), taking into account the principles and norms of international law, within which the Republic of Kazakhstan has the exclusive right to fish for aquatic biological resources.;

6) the continental shelf of the Republic of Kazakhstan (hereinafter referred to as the continental shelf) is a section of the seabed and subsoil of the Caspian Sea (the Kazakh sector of the Caspian Sea) established by international treaties ratified by the Republic of Kazakhstan in order to implement the sovereign rights of the Republic of Kazakhstan to subsurface use and other legitimate economic activities related to the development of the resources of the seabed and subsoil;

7) the border area of the Republic of Kazakhstan (hereinafter referred to as the border area) is the State Border and the territory of the Republic of Kazakhstan adjacent to it up to the outer limits of the border area with the existing internal waters of the Republic of Kazakhstan and territorial waters, the territories of checkpoints across the State Border and other places where access is carried out across the State Border, fishing zone, continental shelf, as well as the airspace above them, within which the authorized bodies carry out border activities.;

8) physical protection of foreign institutions of the Republic of Kazakhstan (hereinafter referred to as physical protection of foreign institutions) is an integral part of ensuring the security of foreign institutions of the Republic of Kazakhstan and their personnel, including a set of measures to ensure on–site and access control in foreign institutions of the Republic of Kazakhstan;

9) the internal waters of the Republic of Kazakhstan (hereinafter referred to as internal waters) is an integral part of the territory of the Republic of Kazakhstan, which includes waters:

located away from the coast from the baselines;

bays, coves, lips, and estuaries bounded by a straight line drawn from coast to coast at the location of the annual average level;

ports of the Republic of Kazakhstan, bounded by a line passing through the points of hydraulic engineering and other permanent structures of ports furthest towards the sea;

The Aral Sea, located from the State Border towards the coast of the Republic of Kazakhstan to the Aklak hydroelectric facility in the Berg Strait (within the Kazakh part of the Greater Aral Sea);

border rivers, lakes, and other bodies of water whose shores belong to the Republic of Kazakhstan;

10) redemarkation – restoration of lost and repair of outdated border signs, installation of additional border signs, issued by an international treaty ratified by the Republic of Kazakhstan;

11) service animals – dogs and horses designed to strengthen border guards in order to prevent, identify, establish and suppress offenses in the border area, as well as physical, psychological, blocking and other effects on offenders;

12) delimitation is the definition of the position and direction of the State Border by agreement between neighboring states, formalized by an international treaty ratified by the Republic of Kazakhstan, and graphically depicted on maps attached to this international treaty.;

13) the passage of persons, vehicles, goods and goods across the State border – recognition of the legality of the crossing (permission to cross) Persons, vehicles, movement of goods and cargoes across the State Border;

13-1) another place where passage across the State Border is carried out is a territory (water area) that is not a checkpoint, where, in exceptional cases, persons, vehicles, goods and goods are allowed to cross the State Border.;

14) a checkpoint across the State Border (hereinafter referred to as a checkpoint) is a territory (water area) within a railway, automobile station or station, sea or river port, international airport or airfield, as well as another specially designated area in the immediate vicinity of the State Border with appropriate infrastructure where the passage of persons is carried out, vehicles, cargo, and goods;

15) cargoes and goods transported across the State Border (hereinafter referred to as cargoes and goods) – commercial and non–commercial cargoes, goods, objects, materials, means, substances, hand luggage and vehicles transported across the State Border;

16) arrangement of the State Border – measures taken by authorized bodies to create and develop the infrastructure of the State Border;

17) engineering and technical means of protecting the State Border (hereinafter referred to as engineering and technical means) – means intended for the prevention, detection and suppression of offenses in the border area;

18) infrastructure of the State Border – a complex of frontiers, facilities, hydraulic engineering, engineering and other structures and barriers erected, equipped and used by authorized bodies to protect the State Border;

19) establishment of the State Border – a set of measures for the international legal definition, documentary description and legislative registration of the State Border;

20) categorization of the State border – determination of the condition of sections of the State Border based on the nature of their specific features (relations with neighboring states, threats to border security, socio-political situation and population density of border areas, terrain) and legal status State borders;

21) river talweg – a line connecting the lowest sections of the river bottom;

22) radiation control – checking the level of ionizing radiation emanating from goods, goods and (or) vehicles transported across the State Border, and comparing it with the natural background;

22-1) service infrastructure – territory, buildings and structures designed to improve the conditions for the movement of persons and vehicles, the movement of goods (goods) and to ensure the activities of regulatory authorities at checkpoints;

23) authorized bodies – state bodies that protect the State Border within their competence;

24) fairway – a path that is safe for ships to navigate among obstacles (between islands, shoals), indicated by means of navigational fencing (buoys, milestones, sash signs);

25) demarcation is the definition and designation of the State Border on the ground, formalized by an international treaty ratified by the Republic of Kazakhstan.;

26) border incident – an incident on the State Border related to a violation of the State Border regime affecting the interests of the Republic of Kazakhstan, one or more neighboring states.;

27) border security is an integral part of the national security of the Republic of Kazakhstan, which is a state of protection of political, economic, informational, humanitarian and other interests of the individual, society and the state in the border area;

28) border zone – a part of the territory of the Republic of Kazakhstan adjacent to the border strip within the territory of administrative-territorial units;

29) border strip – a part of the territory on the land area directly adjacent to the State Border, and on the area where the State Border runs along the border rivers, lakes and other bodies of water – directly adjacent to the root coast of these reservoirs, as well as the territory of the islands located in them, where the regime of the State Border operates;

30) border representatives – authorized officials appointed from among the officers of the Border Service of the National Security Committee of the Republic of Kazakhstan to resolve issues related to maintaining the established regime of the State Border;

31) a meeting point for border representatives is a separate building with specially equipped facilities used by the Border Guard Service of the National Security Committee of the Republic of Kazakhstan for organizing and holding meetings of border representatives, as well as international meetings.

The footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 07/04/2013 No. 130-V (effective after ten calendar days after its first official publication); dated 05.05.2017 No. 59-VI (effective after ten calendar days after the date of its first official publication); dated 04/19/2019 No. 249-VI (effective upon the expiration of ten calendar days after the date of its first official publication); dated 02/23/2021 No. 11-VII (effective from the date of entry into force of the Convention on the Legal Status of the Caspian Sea, signed on 08/12/2018); dated December 29, 2022 No. 174-VII (for the procedure of entry into force, see art. 2).

The Law of the Republic of Kazakhstan dated January 16, 2013 No. 70-V.

This Law regulates public relations in the field of protection of the State border of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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