On approval of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States on ensuring the Safety of Persons subject to State Protection
Decree of the President of the Republic of Kazakhstan dated April 28, 2009 No. 796
In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan, I DECREE: 1. To approve the Agreement on Cooperation between the member States of the Commonwealth of Independent States on ensuring the safety of persons subject to State protection, signed in Bishkek on October 10, 2008. 2. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
Agreements on cooperation between the member States of the Commonwealth of Independent States to ensure the safety of persons subject to State protection
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties, wishing to contribute to the further development and deepening of cooperation in the field of ensuring the security of State security facilities and the protection of protected facilities, taking into account the provisions of the Treaty on Cooperation of the Member States of the Commonwealth of Independent States in Combating Terrorism of June 4, 1999, proceeding from the need to develop a legal framework for cooperation of the member States of the Commonwealth of Independent States on issues of ensuring the safety of individuals, subject to state protection, and protected objects,
have agreed on the following :
Article 1
For the purposes of this Agreement, the following basic concepts apply:: state protection is a function of state authorities in the field of ensuring the safety of state security facilities, carried out for the needs of public administration on the basis of a set of legal, organizational, informational, security, regime, operational-search, technical and other measures; an object of state protection is a person subject to state protection in accordance with laws and other regulatory legal acts Parties; A security measure is a set of actions carried out by authorized state bodies of the Parties, including with the use of forces and means of other state security bodies, in places of permanent or temporary residence of state security facilities, including on their travel routes, aimed at ensuring the safety of state security facilities and the protection of protected facilities.; protected objects - buildings, structures and structures housing state authorities, territories and water areas adjacent to said buildings, structures and structures that are subject to protection in order to ensure the safety of state security facilities, as well as other objects that are subject to protection in accordance with laws and other regulatory legal acts of the Parties; the arriving Party is the State, the objects of state protection of which arrive on the territory of the receiving Party; the receiving Party is the state in whose territory security measures are carried out in order to ensure the safety of state security facilities of the arriving Party; own security is the state of protection of the authorized state body of the Party from external and internal threats, ensuring the ability to withstand factors disrupting its activities; authorized state body is the state executive body authorized in the field of state security.
Article 2
The parties, represented by authorized state bodies, interact and coordinate their activities in the following main areas: a) ensuring the safety of state security facilities and the protection of protected facilities; b) information exchange, accumulation and use of information systems, operational records and archives; c) the use of materials, technical and transport means, equipment, weapons, ammunition, special means, equipment and communication facilities; d) ensuring the authorized state body's own safety; e) professional training and retraining of personnel; f) development of a regulatory legal framework. The procedure and implementation of interaction and coordination of activities of authorized state bodies of the Parties in specific areas of cooperation are determined by separate protocols to this Agreement concluded by the Parties.
Article 3
In the field of ensuring the safety of state security facilities and the protection of protected facilities, the Parties shall cooperate and coordinate: a) when conducting security measures at the locations of state security facilities on the territory of the Parties; b) when preventing, detecting and suppressing unlawful encroachments on state security facilities and protected facilities; c) when receiving information about the threat to vital interests of state security facilities; d) when conducting operational search activities in the interests of ensuring the safety of state security facilities. The receiving Party ensures the safety of persons subject to state protection in accordance with the laws and other regulatory legal acts of the Parties, at the request of authorized state bodies of the Parties, during their stay in the territory of the receiving Party. The security of state security facilities during their stay in the territory of the receiving Party may be ensured in accordance with the decision of the authorized state body of the receiving Party. The allocation of the necessary number of forces and means, including vehicles, required to ensure the safety of state security facilities is determined by the receiving Party, based on the nature and reality of the threat to their safety, taking into account the opinion of the authorized state body of the arriving Party.
Article 4
The Parties, within the competence of the authorized state bodies, in accordance with the legislation of the Parties and this Agreement, exchange information on issues of mutual interest and take measures to obtain it at the request of one of the Parties. Authorized state bodies of the Parties, by mutual agreement, provide information concentrated in operational records and archives, as well as information systems created by them in order to ensure the safety of state security facilities. The list of information under this Agreement to be exchanged between the authorized state bodies of the Parties, as well as the procedure for requesting and transmitting information, are determined by the Parties by mutual agreement. The authorized state body of the Party ensures the safety of the information received, which can be transferred to a third Party only with the written consent of the authorized state body of the Party that provided this information, and to the extent specified by it. The use of this information by the Parties should not lead to the disclosure of the objects of their interest, the joint and/or coordinated activities carried out and the operational forces and means used. Authorized state bodies of the Parties shall conduct official proceedings (investigations), including, if necessary, joint and/or coordinated, on the facts of unauthorized distribution or loss of information media affecting the interests of the Parties. The transfer and protection of information constituting the state secrets of the Parties are determined by the legislation of the Parties and this Agreement. The obligations of the Parties to ensure the protection of the information received remain in force even after the termination of this Agreement.
Article 5
The import, export, carrying, use and use of weapons, the import, export and use of materials, technical and transport means, equipment, ammunition, special means, equipment and means of communication are regulated by the legislation of the receiving Party.
Article 6
Authorized state bodies of the Parties shall promptly exchange information about threats to the security of authorized state bodies of the Parties, employees of authorized state bodies of the Parties and their family members that have become known to them, as well as about illegal and other compromising actions of employees of authorized state bodies of the Parties.
Article 7
Each of the Parties, respecting the legal status of participants in joint security measures, ensures their full civil rights and freedoms in accordance with generally recognized principles and norms of international law, creates the necessary conditions for the performance of official duties. In matters of jurisdiction related to temporary staff of the authorized state body of the territory of the receiving Party, they should be guided by the following principles: the actions of the authorized state body of the arriving Party should not contradict the legislation of the receiving Party; if an employee of the authorized state body of the arriving Party commits an offense, he is responsible in accordance with the legislation of the receiving Party; When conducting legal proceedings, as well as when providing legal assistance, the Parties are guided by national legislation and their international obligations. When ensuring the safety of state security facilities, the Parties shall compensate for the damage caused by the actions of employees of the authorized bodies of the Parties on the territory of the receiving Party.
Article 8
The authorized state bodies of the Parties, in accordance with the national legislation of the Parties, provide mutual assistance in professional training and retraining of personnel on the basis of agreements (contracts), and use the special educational base at their disposal for these purposes. The authorized state bodies of the Parties, on the basis of agreements (contracts), cooperate in the field of educational, methodological, pedagogical and research activities through the exchange of experience, educational and methodological materials, research results, expert assistance, and coordination of scientific research of mutual interest.
Article 9
The Parties shall cooperate on issues of convergence of national legislations, improvement of the regulatory framework for cooperation in order to ensure the effective operation of authorized state bodies of the Parties and in the interests of ensuring the safety of state security facilities and the protection of protected facilities. The authorized state bodies of the Parties, in accordance with national legislation, exchange normative legal acts of mutual interest.
Article 10
In specific areas of activity, the Parties may, if necessary, establish joint coordination headquarters, councils or working groups, exchange representatives, whose status and authority are established on the basis of separate protocols to this Agreement, and develop joint action plans.
Article 11
This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.
Article 12
Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.
Article 13
By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.
Article 14
This Agreement shall be concluded for an indefinite period and shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force. For the Parties that have completed the internal procedures later, this Agreement shall enter into force on the date of delivery of the relevant documents to the depositary.
Article 15
After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary. For the acceding State, this Agreement shall enter into force on the date of receipt by the depositary of the instrument of accession.
Article 16
Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than 6 months before withdrawal, having settled financial and other obligations that have arisen during the validity of this Agreement.
Done in Bishkek on October 10, 2008, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Azerbaijan For the Republic of Moldova
For the Republic of Armenia For the Russian Federation
For the Republic of Belarus For the Republic of Tajikistan
For Georgia For Turkmenistan
For the Republic of Kazakhstan For the Republic of Uzbekistan
For the Kyrgyz Republic For Ukraine
President
Republic of Kazakhstan
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