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Home / Laws / Article 52-1. The use of special means and service weapons of the Law on the Protection, Reproduction and Use of Wildlife

Article 52-1. The use of special means and service weapons of the Law on the Protection, Reproduction and Use of Wildlife

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

Article 52-1. The use of special means and service weapons of the Law on the Protection, Reproduction and Use of Wildlife

     1. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife and officials of the state protection of wildlife are provided with special means, the list of which is determined by the authorized body.

     2. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and huntsmen are provided with service weapons in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     3. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, and officials of the state protection of wildlife have the right to use special means to:

     1) detaining offenders and other persons who resist or intentionally hinder them in the performance of their official duties;

     2) stops of transport and floating facilities that impede the performance of their official duties.

     4. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and huntsmen have the right to use service weapons for:

     1) repelling an armed attack by persons whose actions directly threaten their lives and health;

     2) stopping and detaining vehicles and floating means in the territories of hunting grounds, fishing ponds and (or) sites and their coastal strip, as well as in specially protected natural territories and when leaving them by damaging them, if a person does not comply with the requirements and endangers the life and health of citizens;

     3) Protection from animal attacks and alarm or call for help.

     5. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and hunters, when using special means and service weapons, must:

     1) to warn (shout, warning shot up) about the intention to use service weapons, except in the cases specified in subparagraph 1) of paragraph 4 of this Article;

     2) provide sufficient time to comply with the requirements, except in cases where delay in using service weapons poses an immediate danger to the life and health of an official exercising state control and supervision in the field of protection, reproduction and use of wildlife, an official of the state protection of wildlife and a gamekeeper, or may entail serious consequences.;

     3) exercise restraint in situations where the use of service weapons is unavoidable on the part of an official exercising state control and supervision in the field of protection, reproduction and use of wildlife, an official of the state protection of wildlife and a gamekeeper, based on the prevailing situation and the goal to be achieved, minimizing the possibility of its use;

     4) provide pre-medical medical care, and, if necessary, deliver the victim from the use of special means and service weapons to a medical organization;

     5) take the necessary measures to ensure the safety of others.

     6. It is prohibited to use special means and service weapons against women, persons with obvious signs of disability, and minors when their age is known or obvious, except in cases where they commit an armed attack or pose a real threat to the life and health of an official exercising state control and supervision in the field of animal protection, reproduction, and use. peace, an official of the state wildlife protection and a gamekeeper.

     7. In each case of the use of service weapons and special means, resulting in bodily injury, as well as death of people or serious consequences, the immediate supervisors, the prosecutor's office and the internal affairs bodies at the scene of the incident are informed no later than twenty-four hours.

 

 

The Law of the Republic of Kazakhstan dated July 9, 2004 No. 593.

     This Law regulates public relations in the field of protection, reproduction and use of wildlife, as well as the conservation and reproduction of Kazakh dog breeds and is aimed at ensuring conditions for the conservation of wildlife and its biological diversity, sustainable use of wildlife in order to meet environmental, economic, aesthetic and other human needs, taking into account the interests of present and future generations..

 

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