On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the Status of military formations of the Russian Federation temporarily located in the territory of the Republic of Kazakhstan

Decree of the President of the Republic of Kazakhstan dated July 18, 1995 N 2365

In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I hereby decree:    

1. To ratify the agreement between the Republic of Kazakhstan and the Russian Federation on the status of military formations of the Russian Federation temporarily located on the territory of the Republic of Kazakhstan, signed in Moscow on January 20, 1995.

2. This Decree shall enter into force from the date of publication. President of the Republic of Kazakhstan Agreement between the Russian Federation and the Republic of Kazakhstan on the Status of military Formations of the Russian Federation Temporarily Located on the Territory of the Republic of Kazakhstan (Moscow, January 20, 1995) <*> (unofficial text) The Russian Federation and the Republic of Kazakhstan, hereinafter referred to as the Parties, guided by the Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Republic of Kazakhstan dated May 25, 1992, the Agreement between the Russian Federation and the Republic of Kazakhstan on military Cooperation dated March 28, 1994,      Desiring to create a legal basis for the temporary stay of military formations of the Russian Federation on the territory of the Republic of Kazakhstan and the related coordination of law enforcement agencies, we have agreed on the following:    

Article 1 For the purposes of this Agreement, these terms mean: a) "military formations of the Russian Federation" - military units, institutions, enterprises, organizations and competent authorities of the Russian Federation temporarily located in the territory of the Republic of Kazakhstan;      b) "competent authorities": on the Russian Side - commanders of military units, military commandants of garrisons, courts, prosecutor's offices, Ministries of Internal Affairs, military counterintelligence and other administrative bodies of the Russian Federation, whose competence includes issues regulated by this Agreement; on the Kazakh Side - courts, prosecutor's offices, internal affairs, national security, justice and other administrative authorities responsible for matters regulated by this Agreement;      c) "persons who are part of military formations of the Russian Federation" - military personnel serving in military formations of the Russian Federation and the competent authorities of the Russian Federation; civilians working in military formations of the Russian Federation and the competent authorities of the Russian Federation; persons seconded by bodies (organizations) of the Russian Federation to the military formations of the Russian Federation and the competent authorities of the Russian Federation; persons dismissed from military formations of the Russian Federation who have the citizenship of the Russian Federation and temporarily reside in places of deployment; d) "family members of persons who are part of military formations of the Russian Federation" - spouses, children, parents, as well as citizens living together with persons who are part of military formations of the Russian Federation and competent authorities in the Russian Federation, and their dependents;      e) "location" means the territory in the Republic of Kazakhstan where military formations of the Russian Federation are stationed, as well as facilities or individual premises allocated to them by the Republic of Kazakhstan.    

Article 2 Military formations of the Russian Federation carry out their activities in their places of deployment in accordance with the legislation of the Russian Federation, general military charters and other normative acts of the Russian Federation, while their activities must not contradict the principles and norms of international law.      Military formations of the Russian Federation are staffed and funded by the Russian Federation, unless otherwise provided by the Parties.      The list of military formations of the Russian Federation located in the places of deployment, their number are determined by agreement of the Parties and are specified annually by the Parties.      The supervision of the execution of laws by military formations of the Russian Federation is carried out by the Prosecutor's Office of the Russian Federation.      The relations of persons who are members of military formations of the Russian Federation and their family members with legal entities and individuals of the Republic of Kazakhstan outside their places of deployment are regulated by the legislation of the Republic of Kazakhstan or agreements of the Parties.      Citizens of the Republic of Kazakhstan may be employed in military formations of the Russian Federation. At the same time, labor relations are regulated by the labor legislation of the Russian Federation, and the Russian Side guarantees citizens of the Republic of Kazakhstan equal rights with its citizens both in hiring and other rights arising from labor relations.      The stay of third-country nationals in the military formations of the Russian Federation is carried out by agreement of the competent authorities of the Parties.    

Article 3 The military formations of the Russian Federation, their members and their family members respect the sovereignty, comply with the legislation of the Republic of Kazakhstan and do not allow their side to interfere in its internal affairs.      Military formations of the Russian Federation, their members, and their family members who do not have citizenship of the Republic of Kazakhstan do not participate in the internal political life of the Republic of Kazakhstan (holding elections, referendums, polls), and do not participate in internal conflicts.      At the request of the Kazakh Side, military formations of the Russian Federation can provide assistance in eliminating the consequences of natural disasters, accidents and catastrophes.    

Article 4 The State authorities and administrative bodies of the Republic of Kazakhstan shall respect the legal status of the military formations of the Russian Federation, their members, and their family members. They shall take the necessary measures, coordinated with the competent authorities of the Russian Federation, to prevent and suppress any illegal actions against military formations of the Russian Federation, their members and their family members, and shall not interfere in the internal life of military formations of the Russian Federation.    

Article 5 The protection of places of deployment and measures to ensure the security of military formations of the Russian Federation shall be carried out in accordance with the procedure established in the Russian Federation.      Military formations of the Russian Federation, when moving outside their places of deployment, carry out security measures in coordination with the relevant ministries and departments of the Republic of Kazakhstan, in accordance with the procedure established in the Russian Federation.      The protection and escort of cargoes of military formations of the Russian Federation, during their transportation through the territory of the Republic of Kazakhstan, is carried out by the Russian Side.    

Article 6 Movements of units, units and commands of military formations of the Russian Federation on the territory of the Republic of Kazakhstan outside their locations, including when crossing the state border of the Republic of Kazakhstan, are carried out in coordination with the Ministry of Defense of the Republic of Kazakhstan.      Flights of aircraft in the airspace of the Republic of Kazakhstan in connection with the activities of military formations of the Russian Federation are carried out in coordination with the Ministry of Defense of the Republic of Kazakhstan.      Automotive and other equipment of military formations of the Russian Federation must have a Russian registration number and a distinctive sign. Uniform registration numbers and distinctive signs are established by the competent authorities of the Russian Federation and communicated to the relevant competent authorities of the Republic of Kazakhstan.      Official vehicles of military formations of the Russian Federation are undergoing technical inspection in military formations of the Russian Federation.      The relevant state bodies of the Republic of Kazakhstan recognize driver's licenses and other qualification documents of persons who are members of military formations of the Russian Federation and their family members as valid without any examinations or fees, on an equal basis with similar documents in force in the territory of the Republic of Kazakhstan. They may freely travel in their vehicles along public transport routes in compliance with the laws of the Republic of Kazakhstan.      Drivers of vehicles of military formations of the Russian Federation in the territory of the Republic of Kazakhstan are guided by the traffic rules in force in the Republic of Kazakhstan.    

Article 7 The Kazakh Side shall ensure to persons who are members of military formations of the Russian Federation and their family members who are not citizens of the Republic of Kazakhstan equal rights with citizens of the Republic of Kazakhstan in obtaining education in higher, secondary and specialized secondary educational institutions, in using the services of preschool children's and medical institutions.      The Kazakh Side provides the Russian Side with the opportunity to establish and operate educational institutions in the territories occupied by military formations of the Russian Federation and territories near their temporary locations.    

Article 22 The Russian Federation uses its locations for their intended purpose and ensures the preservation of the natural environment and immovable property.      The Russian Federation shall compensate for material damage to the Republic of Kazakhstan if the damage is caused by military formations of the Russian Federation or persons belonging to them and their family members to institutions, enterprises, organizations and citizens of the Republic of Kazakhstan in the amounts established by the Joint Commission established in accordance with Article 23 of this Agreement or by a decision of the court of the Republic of Kazakhstan.    

The Republic of Kazakhstan shall compensate for material damage to the Russian Federation if it is caused to military formations of the Russian Federation, as well as to persons belonging to them, their family members as a result of actions or omissions of state institutions, enterprises, organizations or citizens of the Republic of Kazakhstan in the amounts established by the Joint Commission or the decision of the Court of the Republic of Kazakhstan.    

Article 23 Disputes related to the application and interpretation of this Agreement shall be resolved through consultations and negotiations within the framework of the Russian-Kazakh Joint Commission, the composition and procedure of which is determined by a separate agreement.    

This Agreement is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. It is concluded for a period of ten years. Its validity is automatically extended for the next ten years, unless either Party notifies the other Party in writing six months before the expiration of the ten-year period of its desire to terminate it.    

This Agreement is temporarily applied from the date of its signing.    

Done in Moscow on January 20, 1995, in two originals, each in the Russian and Kazakh languages, both texts being equally authentic.

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