Article 5. Powers of the National Guard The Law On the National Guard of the Republic of Kazakhstan

Home / RLA / Article 5. Powers of the National Guard The Law On the National Guard of the Republic of Kazakhstan

1. The National Guard, within the limits of its competence, is obliged to:

1) to protect the life, health, rights and freedoms of man and citizen from unlawful encroachments;

2) ensure the protection of important government facilities and special cargo;

3) participate in ensuring public safety and protecting public order by carrying out patrol and guard duty, including during mass events;

4) to ensure the protection of institutions of the penitentiary system of medium security, maximum security, emergency security, and mixed security, to monitor and supervise convicts under the direction of their administration, and to escort convicts and persons in custody;

5) excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication);

6) participate in the suppression of mass riots, group disobedience and measures to prevent and eliminate social emergencies;

7) take part in anti-terrorist operations and security measures;

8) participate in special operations to suppress the activities of illegal paramilitary or armed formations (groups), terrorist organizations, organized criminal groups (communities), as well as to free hostages;

9) excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication);

10) participate in ensuring the legal regimes of the state of emergency and martial law in accordance with the legislation of the Republic of Kazakhstan;

11) conduct military (combat) operations, perform tasks in conditions of emergency and martial law, as well as conditions of armed conflict;

12) participate in the elimination of natural and man-made emergencies and their consequences, including at protected sites of the National Guard, with the exception of particularly important state facilities;

13) participate in ensuring public order in the zone of elimination of emergency situations of a natural and man-made nature and their consequences and in regime-restrictive measures during quarantines;

14) excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication);

15) participate in border searches and operations in accordance with the procedure determined by joint decisions of the Minister of Internal Affairs of the Republic of Kazakhstan and the Chairman of the National Security Committee of the Republic of Kazakhstan;

16) take part in the search for persons who have escaped from custody and supervision in institutions of the penal system, from military guards during the convoy;

17) to carry out an inspection of persons, their belongings, vehicles while ensuring access control at facilities subject to state protection;

18) require persons held in institutions of the penal system to perform the duties assigned to them by the legislation of the Republic of Kazakhstan and a court verdict;

19) to carry out combat support measures in the interests of the tasks assigned to the National Guard by this Law, in emergency situations, the introduction of emergency and martial law regimes;

20) develop and implement plans for the construction and development of the National Guard, as well as improve its organizational and staff structure;

21) participate in the development of a plan for the use of the Armed Forces and organize training for joint actions with the Armed Forces within the competence of the National Guard;

22) to ensure, in accordance with the established procedure, the personal safety of the National Guard servicemen and their family members from encroachments on their lives, health, honor, dignity and property related to the performance by the National Guard servicemen of the tasks assigned to them;

23) ensure, in accordance with the established procedure, the legal and social protection of National Guard servicemen and their family members, develop and implement measures aimed at protecting and strengthening their health, and organize sanitary and epidemiological surveillance in the National Guard;

24) to carry out measures for the implementation of international treaties of the Republic of Kazakhstan in relation to the National Guard;

25) ensure the collection (accumulation), preservation, accounting of documents with permanent storage and other documentary materials generated during the activities of the National Guard;

26) ensure the protection of information constituting state secrets and departmental control over compliance with the secrecy regime;

27) ensure compliance with information security requirements;

28) to organize the operation and repair of weapons, military and special equipment, special equipment and other property used by the National Guard;

29) to ensure the road safety of vehicles of the National Guard, to carry out their state registration and mandatory technical inspection;

30) organize and implement the quartering of military units and subunits, the construction and reconstruction of military facilities of the National Guard, and take measures to improve the provision of living space for National Guard soldiers and their families;

31) perform other duties stipulated by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The National Guard, within the limits of its competence, has the right:

1) to demand from citizens and officials the observance of public order, the cessation of offenses and actions that impede the exercise of the powers of the National Guard, and in case of non-compliance with these requirements, to apply the coercive measures provided for by this Law.;

2) check the identity documents of individuals if they are suspected of committing criminal or other offenses;

3) take the necessary measures to ensure the safety of traces of a criminal offense until the arrival of representatives of the bodies of inquiry and preliminary investigation;

4) detain and bring to the internal affairs bodies persons who have committed or are attempting to commit a criminal or administrative offense, or for the purpose of establishing their identity;

5) to carry out a personal search of convicted persons and persons in custody when receiving them for escort and after detaining them during the search;

6) to monitor and supervise the behavior of persons held in institutions of the penal system protected by the National Guard, and to require persons held in them to perform the duties assigned to them by the legislation of the Republic of Kazakhstan and a court verdict;

7) detain persons who have committed acts subject to administrative or criminal legislation in the territory adjacent to an institution of the penal enforcement system protected by the National Guard and deliver them to the internal affairs bodies, and carry out a personal search;

8) to inspect persons, their belongings, and vehicles located on the territory of an institution of the penal correction system protected by the National Guard and the territory adjacent to it, where regime requirements are established, as well as to seize prohibited items and documents not provided for by the internal regulations of institutions;

9) temporarily restrict or prohibit the movement of vehicles, prevent citizens from entering the territory of an institution of the penal correction system protected by the National Guard and the territory adjacent to it, or oblige them to stay or leave it upon the introduction of a special conditions regime;

10) detain military personnel who violate public order and hand them over to military commandants or commanders of military units in the absence of military police in the locality.;

11) transfer for temporary placement to places of detention and institutions of the penal correction system persons escorted to field court sessions, and detained convicts or persons in custody who have escaped;

12) at the exit (entrance) to the venues of security and mass events, inspect individuals, their belongings, vehicles and transported goods, including using technical means, and prevent persons and vehicles with prohibited items and things from entering the venues.;

13) take part in quarantine, sanitary and anti-epidemic measures;

14) when participating in an anti-terrorist operation and ensuring the legal regime of an anti-terrorist operation, apply measures and time restrictions provided for by the Law of the Republic of Kazakhstan "On Countering Terrorism";

15) detain for up to three hours and keep in the office premises of the National Guard until the transfer to the internal affairs bodies of persons who encroached on objects and communications protected by the National Guard, special cargo, warehouses, military bases, military administration bodies of the National Guard, territories where formations, military units (divisions) are permanently or temporarily located), the higher military educational institution of the National Guard, as well as their facilities, equipment and other property (hereinafter – objects protected by the National Guard), carry out a personal search of the specified persons, inspect their vehicles and belongings, seize documents and items prohibited for storage and use from the specified persons;

16) to inspect vehicles, floating facilities (vessels) that have violated the rules established at the facilities protected by the National Guard;

17) carry out a personal search of employees of facilities protected by the National Guard and citizens visiting these facilities, as well as an inspection of their belongings and vehicles, including with the use of technical means;

18) enter unhindered, inspect residential and other premises, territories and land plots (except for representative offices of foreign states and international organizations with diplomatic immunity) if there is a real threat to the safety of individuals or if there is sufficient evidence to believe that a criminal or administrative offense has been committed or is being committed there, an accident has occurred, to ensure personal safety individuals and public safety in emergency situations;

19) restrict or temporarily prohibit individuals from accessing or staying in homes, certain areas of the area, if their presence poses a threat to human life and health, property, disrupts the work of organizations, impedes the movement of vehicles and pedestrians, as well as in cases of ensuring the conduct of operational search activities, investigative actions and mass events;

20) to use unhindered means of communication, vehicles belonging to organizations, or vehicles of citizens with their consent (except for means of communication, vehicles of representative offices of foreign States and international organizations with diplomatic immunity) to prosecute detained convicts or persons in custody who have escaped, persons suspected (accused) of committing crimes; a criminal offense if the current situation poses a real threat to human life or health, with compensation for material damage to the owners;

20-1) use unmanned aerial vehicles in order to perform tasks assigned to the National Guard;

21) to cordon off (block) areas of the area, individual buildings and objects in the pursuit of persons who illegally entered or left protected areas, searching for persons in custody and persons suspected (accused) of committing criminal offenses, suppressing mass riots and group violations of public order and other antisocial actions, as well as in case of social emergencies, to carry out, if necessary, an inspection of individuals, their belongings, vehicles and transported goods., including the use of technical means;

22) temporarily prohibit or restrict the movement of vehicles and pedestrians on streets and roads, and inspect them in order to protect the life, health and property of citizens in emergency situations;

23) seize weapons, ammunition, narcotic drugs, psychotropic substances and precursors, as well as other prohibited items and substances;

24) free of charge and in compliance with the requirements established by the laws of the Republic of Kazakhstan for the disclosure of information constituting commercial, banking and other legally protected secrets, to receive information and materials necessary for use by National Guard servicemen from government agencies and organizations, regardless of their forms of ownership, except in cases where the law establishes a different procedure for obtaining relevant information;

25) detain citizens who have violated the curfew regime until its end, and persons who do not have identification documents with them until their identity is established, but not for more than the period established by the laws of the Republic of Kazakhstan.;

26) Excluded by the Law of the Republic of Kazakhstan dated 07/11/2022 No. 136-VII (effective sixty calendar days after the date of its first official publication).

27) to carry out international cooperation with government agencies of foreign states and international organizations;

28) to make proposals, in accordance with the established procedure, to improve legislation on the activities of the National Guard;

29) exercise other rights provided for by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

3. In case of violation of human and civil rights and freedoms, as well as the legitimate interests of individuals and legal entities, by the National Guard servicemen in the performance of their official duties, the National Guard is obliged to restore these rights, compensate for the damage caused, and ensure that the perpetrators are brought to justice in accordance with the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 10, 2015 No. 274-V SAM.

This Law regulates public relations in the sphere of activity of the National Guard of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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