Payment for services is made exclusively to the company's account. For your convenience, we have launched Kaspi RED 😎

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border

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

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border

The Law of the Republic of Kazakhstan dated March 1, 2019 No. 229-VI SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz state border, signed in Astana on December 25, 2017.      

     President       Republic of Kazakhstan

N. NAZARBAYEV    

Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State border    

     (Entered into force on April 27, 2019 - Bulletin of International Treaties of the Republic of Kazakhstan 2019, No. 3, art. 35)  

      The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties,  

      Guided by the principle of international law on territorial integrity and inviolability of borders,  

      Determined to make common efforts to ensure that the State border between the two States remains the border of eternal peace and friendship from generation to generation,  

      in order to ensure stability on the state border of the two countries and peace in the border areas, the settlement of border issues in the spirit of mutual respect, trust, equality, friendship and cooperation,  

      have agreed on the following:  

Chapter 1. The conceptual framework    

Article 1    

      For the purposes of this Agreement, the following concepts are used:  

     1) the emergency rescue service is a set of management bodies, forces and means designed to solve the tasks of preventing and eliminating emergency situations and functionally integrated into a single system based on emergency rescue formations.;

     2) an emergency rescue unit is an independent or part of an emergency rescue service structure designed to carry out emergency rescue operations, which is based on rescue units equipped with special equipment, equipment, equipment, tools and materials, and dog training teams.;

     3) aircraft - an apparatus maintained in the atmosphere by interacting with the air, including airships, balloons, airplanes, helicopters and other aircraft;

      4) documents of joint inspections - legal documents (protocol-description of the passage of the Kazakh-Kyrgyz state border line, map of the state border, protocols of border signs, Catalog of coordinates and heights of border signs, diagrams of the relative position of pillars of border signs, protocol of joint inspections and other documents) formed after a joint inspection of the designation of the state border line, which are an integral part of the border demarcation document;  

      5) shared roads - country roads (trails) located on or along the state border and repeatedly crossing it, used by authorized bodies of the States of the Parties, as well as by the maintenance personnel of cross-border facilities in accordance with international treaties to which both States of the Parties are parties.;  

      6) transit movement through the territory of the state of one of the Parties is the passage through the territory of the state of one of the Parties of persons, vehicles, goods and other property whose path through the territory of the state of destination is part of their complete route starting and ending in the territory of the state of the other Party;  

     7) delimitation is the definition of the position and direction of the state border line, formalized by the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on the Kazakh-Kyrgyz State border dated December 15, 2001;

      8) demarcation - the definition and designation of border signs of the state border on the ground, formalized by the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on the demarcation of the Kazakh-Kyrgyz state border from _____ _____________ 2017 year;    

      9) equipment - materials, technical and transport means, equipment of emergency services and formations and personal equipment of their members;  

      10) local residents - the population permanently residing in the border areas;  

      11) movement across the state border - the moment when goods and other property actually come into contact with the state border;  

      12) crossing the state border is the moment when persons and vehicles actually come into contact with the state border.;  

      13) the state border, the border has the same meaning in the text of this Agreement, means the line and the vertical plane passing along it defining limits of division of the territory (land, waters, subsoil and air space), and also spatial limits of actions of state sovereignties between the Republic of Kazakhstan and the Kyrgyz Republic;  

     14) cargo and other property transported across the state border (hereinafter referred to as cargo and other property) - commercial and non-commercial cargo, goods, animals, objects, materials, funds, substances, hand luggage and vehicles transported across the state border;

     15) a checkpoint across the state border (hereinafter referred to as a checkpoint) is an area within a railway, automobile station or station, international airport or airfield of the States of the Parties, as well as another area specially designated and equipped in accordance with the national legislation of the States of the Parties in the immediate vicinity of the state border, where border crossing is carried out;

     16) the regime of the state border is the rules defined by this Agreement that apply on the state border and in the border strips, including the procedure:

     maintenance of the state border;

     crossing of the state border by persons, vehicles and movement of goods and other property through it;

     passage of persons, vehicles, goods and other property across the state border;

     carrying out flights over the state border and border strips;

     conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border, border strips, as well as within the boundary waters (including their use);

     resolution of border incidents;

     17) joint actions to comply with the state border regime - actions coordinated by purpose, objectives, place, time and carried out on the state border, in border strips, within border waters and border areas according to a single plan by authorized bodies in the field of border protection to maintain the state border regime established by this Agreement and the national legislation of the states of the Parties;

     18) maintenance of the state border - the procedure for installing, preserving and maintaining border signs, their control inspections, equipment and maintenance of border clearings (trails) in proper order, as well as the procedure for conducting joint inspections of the passage (designation) of the state border and the condition of border signs;

     19) the passage of persons, vehicles, goods and other property across the state border and the passage across the border have the same meaning in the text of this Agreement and mean the recognition by the authorized bodies of the States of the Parties of the legality of crossing (permission to cross) the state border by persons, vehicles and movement across the state border of goods and other property in accordance with national legislation the States of the Parties and this Agreement;

     20) reservoir - permanent or temporary accumulation of stagnant or with reduced water flow in natural or artificial depressions (lakes, reservoirs, ponds, etc.);

     21) a water channel is an artificial structure designed to redirect the flow of water;

     22) cross-border structures - railways, highways, pipelines, power lines, cables, bridges, dams, locks, water channel structures and other structures crossing the state border, as well as facilities of one of the parties located within the border territory (border zone) on the territory of the state of the other Party;

     23) emergency situation - a situation that has arisen on the territory of the States of the Parties (one of the Parties) as a result of an accident, dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may have caused human casualties, damage to human health or the environment, significant material losses and disruption of human living conditions;

     24) liquidation of emergency situations - search and rescue, emergency recovery and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing damage and material losses, as well as localizing emergency zones;

     25) organized tourist group - a tourist group organized in accordance with the national legislation of the state of one Party for the purpose of tourism on the territory of the States of the Parties;

     26) authorized bodies - bodies defined by the national legislation of the states of the Parties, whose competence includes resolving issues in accordance with this Agreement.;

     27) force majeure circumstances are circumstances of an objective nature that cannot be foreseen, prevented or overcome;

28) border delimitation documents - the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on the Kazakh-Kyrgyz State border dated December 15, 2001, the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the People's Republic of China on the junction point of the state borders of the three states dated August 25, 1999, the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the junction point of the state borders of the three States dated June 15, 2001;

     29) border demarcation document - An agreement between the Republic of Kazakhstan and the Kyrgyz Republic on the demarcation of the Kazakh-Kyrgyz state border from _____ _____________ 2017 year;

     30) border signs - border posts installed on the line or on both sides of the state border, indicating the designation of the state border on the ground. Their geographical coordinates are defined and recorded in documents on the demarcation of the border or documents of joint inspections of the designation of the state border. Border signs are divided into basic and intermediate ones.

     31) border incident - an incident at the state border related to a violation of the state border regime affecting the interests of one or both States of the Parties, or both States of the Parties and a third adjacent (connecting) state;

     32) border strips are part of the territories adjacent on both sides to the state border line, defined by the national legislation of the States of the Parties where the state border regime is in effect.;

     33) border representatives - authorized officials appointed from among representatives of authorized bodies in the field of border protection of the states of the Parties to resolve issues related to the maintenance of the state border regime established by this Agreement, the prevention and resolution of border incidents;

     34) border clearings - strips of terrain cleared of trees, shrubs and other plants within the width defined by this Agreement on both sides of the state border line in order to ensure its observation and visibility between neighboring border signs;

     35) border areas - areas of the Republic of Kazakhstan and the Kyrgyz Republic adjacent to the state border;

     36) maintenance of border signs - the procedure for the preservation (inspection, protection, dismantling and removal to a safe place) and maintenance (maintenance, restoration, repair and re-installation) of border signs, their inspection, as well as joint inspections by the States of the Parties of the condition of border signs;

     37) experts of border representatives are competent specialists of various profiles of the authorized bodies of the States of the Parties who are involved (appointed) to ensure the activities of border representatives.

Chapter 2. Legal bases of the state border regime    

Article 2    

     The state border regime is supported by the joint activities of the States of the Parties and its issues are regulated by this Agreement, the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties, in particular:

     1. Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on cooperation in the protection of the State Border dated December 15, 2001.

     2. Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on confidence-building measures in the border area dated December 15, 2001.

     3. Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives dated December 15, 2001 (hereinafter referred to as the Agreement on Border Representatives).

     4. Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on checkpoints across the Kazakh-Kyrgyz State border dated December 25, 2003 (hereinafter referred to as the Agreement on Checkpoints).

     5. Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the procedure for the stay of citizens of the Kyrgyz Republic on the territory of the Republic of Kazakhstan and citizens of the Republic of Kazakhstan on the territory of the Kyrgyz Republic dated May 11, 2012.

     6. Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on cooperation in the field of civil defense (protection), prevention and liquidation of emergency situations dated June 16, 2009.

     7. Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the use of interstate water management facilities on the Chu and Talas Rivers dated January 21, 2000.

     8. Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens dated November 30, 2000.

Chapter 3. Maintenance of the state border    

Article 3    

     The maintenance of the state border is carried out by authorized bodies and is aimed at ensuring and maintaining the regime of the state border.

Article 4    

     1. Each Party shall take measures to protect border signs, prevent their damage, displacement, destruction or loss, and shall also be responsible for the maintenance of border signs and equipped border clearings installed by it on the territory of its States in accordance with the provisions of this Agreement, demarcation documents and joint inspection documents.

     2. The authorized bodies in the field of border protection carry out activities on the maintenance of border signs of the State of their Party in accordance with national legislation and international treaties to which both States of the Parties are parties.

     If the authorized body in the field of border protection of the state of one of the Parties finds damage, displacement, destruction or loss of border signs, the authorized body in the field of border protection of the state of the other Party is immediately notified.

     The authorized body in the field of border protection of the State of one Party, responsible for the maintenance of border signs, takes measures to search for lost border signs and clarify the circumstances of the loss, and the authorized body in the field of border protection of the State of the other Party provides assistance in resolving this issue on the territory of its state.

Article 5  

     1. Authorized bodies in the field of border protection independently or jointly check the condition of border signs.

     The timing of the joint inspection of the condition of border signs is agreed upon between the authorized bodies in the field of border protection in advance.

     The results of the specified joint inspection are formalized by the protocol of joint inspection of the condition of border signs in two copies in Russian.

     The authorized body in the field of border protection, responsible for the maintenance of border signs, takes measures to repair, restore or re-install them in their former place, and also informs the authorized body in the field of border protection of the State of the other Party at least 10 days before the start of such work.

      2. The above-mentioned works are carried out by the authorized body in the field of border protection of the state of one of the Parties in the presence of representatives of the authorized body in the field of border protection of the state of the other Party. Upon completion of the work, an act is drawn up in two copies in Russian in accordance with Annex 1 to this Agreement.

     If one of the Parties does not have access from the territory of its state to the border sign for carrying out the specified work, the other Party provides access to this sign from the territory of its state.

Article 6  

     If there is a threat of destruction of border signs as a result of natural disasters (landslides, floods, etc.), authorized bodies in the field of border protection take measures to preserve border signs, and if it is impossible to preserve them, in order to prevent loss, they dismantle and take border signs to a safe place with the preparation of acts on each fact.

     The authorized body in the field of border protection of the state of one Party is informed as soon as possible about the threat of destruction of border signs and the measures taken by the authorized body in the field of border protection of the state of the other Party.

Article 7  

      1. In case of impossibility of restoration or re-installation of the border sign in its former place due to force majeure circumstances, an act is drawn up in two copies, each in Kazakh, Kyrgyz and Russian, according to Annex 2 to this Agreement, indicating the reasons for the impossibility of its restoration or re-installation in its former place, and this issue is submitted for consideration. The Joint Kazakh-Kyrgyz Commission on the Regime of the State Border (hereinafter referred to as the Joint Commission on the Regime of the Border), established in accordance with Article 47 of this Agreement.  

     The Joint Commission on the Border Regime makes a decision on determining another location for the installation of a border sign, without changing the passage of the state border line.

     2. To install the border sign at the new location, the Joint Commission on the Border Regime forms a joint group of experts and specialists from geodetic, land management services, representatives of other authorized bodies of the States of the Parties (hereinafter referred to as the joint group of experts).

Based on the results of the work carried out, the joint group of experts draws up an act in two copies, each in Kazakh, Kyrgyz and Russian, in accordance with Annex 3 to this Agreement, and draws up a new protocol of the border sign, a diagram of the relative position of the pillars of the border sign and fragments of the catalog of coordinates and heights of border signs, a protocol describing the passage of the state border in this area. and maps of the state border concerning the location of the newly installed border sign.

     These documents are sent for consideration to the Joint Commission for Checking the designation of the State Border Line, established in accordance with the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on the Demarcation of the Kazakh-Kyrgyz State border from _____ _____________ 2017 of the year.

     After the specified Commission carries out a joint inspection of the designation of the state border line, these documents are drawn up by a joint inspection protocol, which will be an integral part of the documents of the demarcation of the state border.

     3. Repair, restoration, re-installation and relocation, as well as the shape, dimensions, material of manufacture and location of the border sign must comply with the requirements of the border demarcation documents.

     4. Neither Party shall unilaterally establish border signs or other designations on the line or on both sides of the state border that are not specified in the demarcation documents.

     5. The Parties, in accordance with the national legislation of their States, shall hold accountable legal entities and individuals who have damaged, moved or destroyed border signs, as well as determine the procedure for reimbursement of costs associated with the restoration of damaged or destroyed border signs.

Article 8  

     1. The Parties shall take measures to equip and maintain border clearings, which are 15 meters wide (7.5 meters on both sides of the state border line), and prevent their overgrowth with trees, shrubs and other plants.

     The authorized bodies in the field of border protection within the territory of the State of their Party independently or jointly check the condition of the border clearings.

     The timing of the joint inspection of the state of the border clearings is agreed upon between the authorized bodies in the field of border protection in advance.

     The results of the specified joint inspection are drawn up in two copies, each in Russian.

     If necessary, the authorized bodies in the field of border protection independently or jointly clear the clearings from trees, shrubs and other plants that impede observation.

     In the case of work on clearing a border clearing on its territory, the authorized body in the field of border protection of the state of one Party shall notify the authorized body in the field of border protection of the State of the other Party at least 10 days before the start of work.

     2. It is prohibited to use fire, chemicals and other methods for clearing border lanes that may cause damage to the States of the Parties.

     3. It is prohibited to carry out plowing, earthmoving, construction of structures and other economic activities on border clearings, except in cases stipulated by this Agreement and other international treaties between the States of the Parties.

Article 9  

     1. After the entry into force of the border demarcation documents, the Parties shall conduct a joint check of the designation of the state border line once every 10 years.

     Before the joint verification of the designation of the state border line through diplomatic channels, the parties agree on the timing of its implementation.

     By agreement of the Parties, it is allowed to change the timing of the joint verification of the designation of the state border line or to conduct a joint verification of the designation of the state border line only of certain sections of the border.

     2. To carry out this joint inspection, the Parties shall form a Joint Commission to verify the designation of the state border line. The composition of the delegations of the Parties and their powers are approved by the Parties independently. The order of joint work is determined by the Commission.

     The results of the joint verification of the designation of the state border line shall be drawn up in the relevant documents specified in paragraph 12 of Article 1 of this Agreement, in two copies, each in Kazakh, Kyrgyz and Russian.

Chapter 4. Procedure for crossing the state border by persons, vehicles and movement of goods and other property across the state border. Procedure for the passage of persons, vehicles, goods and other property across the State border    

Article 10    

      1. Crossing of the state border by persons, vehicles and movement of goods and other property across the state border are carried out:  

      1) on land - in places where the state border is crossed, established on the routes of international railway, automobile and other communications;  

      2) in airspace - at the places where the state border is crossed by international routes or along air corridors specially designated for these purposes.  

      2. Crossing the state border in other places is allowed in cases stipulated by this Agreement and international treaties to which both States of the Parties are parties.  

Article 11  

     In exceptional cases (in the interests of national security of the States of the Parties, as well as for sanitary and quarantine reasons, in case of epidemics and epizootics, emergencies or other force majeure circumstances), the Parties temporarily restrict or stop crossing the state border in certain sections of it.:

     1) at the designated places of crossing the state border in accordance with the procedure provided for by the Agreement on Checkpoints and other agreements between the Parties;

     2) at other places of crossing the state border defined by this Agreement, with notification to the other party through border representative activities no later than 48 hours before the planned time of their introduction, indicating the reasons and duration of restrictions.

Article 12  

     Authorized bodies in the field of border protection, when performing their duties to protect the state border, are granted the right to cross the state border in a different manner, as well as the right to repeatedly cross the state border when using shared roads, in accordance with the procedure agreed upon between them.

Article 13  

     1. When persons, vehicles, and goods and other property cross the State border, they are allowed to cross the State border in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

     2. The passage of persons, vehicles, goods and other property across the state border from the State of one Party to the State of the other Party is carried out at checkpoints established and opened in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

     3. The authorized bodies of the Parties determine the mechanism of cooperation on border crossing issues.

Article 14  

     1. In exceptional cases, the Parties shall allow persons, vehicles, goods and other property to cross the state border outside the existing checkpoints, in compliance with the control procedure established by the Agreement on Checkpoints.

     2. Authorized bodies in the field of border protection, by mutual agreement, carry out border crossing for temporary stay on the territory of the States of the Parties (for the purpose of servicing cross-border facilities for transport, industrial, agricultural and water management purposes, communications, telecommunication networks and power lines, cattle driving and in other cases conducting economic and other activities) outside the existing checkpoints, in compliance with the procedure established by this Agreement, on the basis of valid national documents (identity cards) of the States of the Parties and official certificates (except for local residents), according to personal lists certified by the management of organizations (local executive bodies), previously submitted to authorized bodies in the field of border protection through border representatives.

     3. In exceptional cases (in the interests of national security of the States of the Parties, as well as for sanitary and quarantine reasons, in case of epidemics and epizootics, emergencies or other force majeure circumstances), the Parties temporarily restrict or terminate border crossing.

Article 15  

     When persons and vehicles are traveling, goods and other property are being transported from the State of one Party to the State of the other Party from the border to the checkpoints or in the opposite direction, it is prohibited:

     1) changing the established route;

     2) stopping, disembarking (boarding) persons, unloading (loading) goods and goods, lifting into the air, landing or receiving any aircraft, including unmanned.

Article 16  

     Aircraft traveling from the State of one Party to the State of the other Party are required to comply with national legislation, as well as the requirements of the States of the Parties in whose airspace they are located.

Article 17  

1. The admission of citizens of the state of one Party to the territory of the state of the other Party is carried out on the basis of documents determined by international treaties in force between the Parties, valid for mutual travel.

     2. Persons, vehicles, cargoes and other property that are not allowed or restricted entry or importation into the territory of the States of the Parties in accordance with the national legislation of the States of the Parties are not allowed to cross the state border. The said persons, vehicles, cargoes and other property, who arrived or moved from the territory of the State of one Party to the territory of the State of the other Party and have no grounds for crossing the border, are returned to the State of the Party from where they arrived.

     At the same time, it is allowed for third-country nationals who have arrived by aircraft from the State of one Party to the State of the other Party to return to their country of nationality by aircraft.

     Authorized state bodies in the field of border protection, for each fact of non-admission of persons, vehicles, goods and other property to the territory of their State from the territory of the State of the other Party at automobile and railway checkpoints, inform each other through the activities of border representatives.

Article 18  

     1. During transit movement through the territories of the States of the Parties, repeated crossing of the state border is permitted.:

     1) without a pass procedure:

     railway transport - along the section of the Taraz-Shymkent railway of the Republic of Kazakhstan, passing through the territory of the Talas region of the Kyrgyz Republic;

     vehicles - along the section of the Bishkek - Naryn - Torugart highway of the Kyrgyz Republic, passing through the territory of the Zhambyl region of the Republic of Kazakhstan;

     representatives of authorized bodies in the field of border protection of the states of the Parties - along shared roads (trails) that repeatedly cross the state border.;

     representatives of the Joint Commission for checking the designation of the State Border line for the period of joint work;

     2) with a pass procedure:

     by the locals - citizens of the Republic of Kazakhstan (on even days of the month) and the Kyrgyz Republic (on odd days of the month) when using roads, trails of the Asparinsky gorge of the Merken district of the Zhambyl region (Panfilovsky district of the Chui region), repeatedly crossing the state border during the period of agricultural, water management, hunting, forestry (harvesting fruits, medicinal herbs) and other economic activities. activities before the entry points and after the exit points from the gorge (and back), determined by the authorized bodies in the field of border protection, for their citizens;

     maintenance personnel of cross-border structures during their maintenance - along shared roads (trails) (along trails along cross-border structures), at points where cross-border structures cross the state border, and on roads (trails) leading to these structures - before and after taking over the day (shift).;

     organized tourist groups - along cross-border mountain routes agreed upon by the Parties, repeatedly crossing the border, before and after the route.

     2. In the cases specified in paragraph 1 of this Article, it is prohibited to change the established route, stop vehicles, disembark (landing) persons, unload (load) cargo and other property, take off, land or receive any aircraft, including unmanned.

     The exceptions are cases of emergencies, technical malfunctions, the provision of urgent medical care to people (with subsequent notification to the authorized body in the field of border protection), as well as work carried out by a Joint Commission to verify the designation of the state border line.

     3. The persons specified in subparagraph 2) of paragraph 1 of this Article shall be allowed to cross the border.:

     1) local residents, service personnel - on the basis of valid national documents (identity cards) of the states of the Parties and official certificates (except for local residents), according to personal lists certified by the management of organizations (local executive bodies), previously submitted to authorized bodies in the field of border protection through border representatives;

     2) organized tourist groups - on the basis of documents valid for mutual trips, lists of tourist groups, with preliminary (at least 15 days before admission) submission and coordination with authorized bodies in the field of border protection (lists of tourist groups, copies of the specified documents of persons included in the lists of tourist groups, date, time and border checkpoints and crossings).

Article 19  

      1. The crossing of the state border by the maintenance personnel of transboundary structures, including personnel of water management facilities for interstate use, as well as their passage across the border, shall be carried out at the points where the state border is crossed by these structures and on roads (trails) leading to these structures, in accordance with paragraph 2 of Article 14 of this Agreement.

     2. The presence of the personnel specified in paragraph 1 of this Article on the territory of the State of one Party is allowed within the territory of the serviced transboundary facilities and their communications for a period of days (shifts).

      3. The passage of maintenance personnel of cross-border facilities, as well as machinery and mechanisms, raw materials, and materials intended for the operation and maintenance of these facilities through checkpoints is carried out as a matter of priority if the documents specified in paragraph 2 of Article 14 of this Agreement are available.

Article 20  

      1. If one of the Parties requests assistance for the prevention and elimination of emergency situations, emergency rescue services and formations of the States of the Parties may cross the state border in other places with prior notification of the authorized bodies in the field of border and airspace protection of such a need, as well as coordination of the places and time of crossing.  

      2. The passage of emergency services and formations of the States of the Parties across the state border for the prevention or liquidation of emergency situations is carried out in the presence of the documents specified in paragraph 2 of Article 14 of this Agreement and the list of equipment.:

     1) at checkpoints - on an extraordinary basis;

     2) outside the checkpoints - in compliance with the control procedure established by the national legislation of the States of the Parties.

Chapter 5. Carrying out flights over the state border and border strips  

Article 21  

      1. The Parties shall take measures to prevent illegal flights of aircraft crossing the state border, except in cases caused by force majeure.  

      2. A Party planning to conduct aircraft flights for the purpose of aerial photography and/or other remote sensing of its territory within the border strip shall notify the other Party in advance through border representatives in accordance with Annex 4 to this Agreement.    

Chapter 6. The procedure for conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border, border strips, as well as within the boundary waters (including their use)    

Article 22    

     1. Conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border and border strip is carried out with the permission of authorized bodies in the field of border protection in accordance with the procedure established by this Agreement, the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

     The authorized bodies in the field of border protection shall monitor the conduct of economic, commercial or other activities, socio-political, cultural or other events at the state border and border strip, as well as, in accordance with the provisions of this Agreement, notify each other through a border representative no later than three days in advance about the timing and specific location of implementation. activities that may affect the regime of the state border.

     2. For conducting economic, commercial or other activities, conducting socio-political, cultural or other events at the state border and border strip, authorized bodies in the field of border protection shall issue entry and stay passes in the border strip in accordance with the procedure determined by the national legislation of the States of the Parties.

     The authorized bodies in the field of border protection, taking into account the interests of state border protection and national security, may impose restrictions or temporarily suspend the validity of these passes in accordance with the national legislation of the States of the Parties.

     3. Economic, commercial or other activities, socio-political, cultural or other events carried out (conducted) on the state border and the border strip of the states of the Parties must not:

     1) harm the national security of the States of the Parties or contain a threat of harm to them;

     2) create obstacles to the maintenance of the state border and the fulfillment of tasks by authorized bodies;

     3) violate the established order at the state border.

4. Hunting on the state border and the border strip for the purpose of fishing, as well as chasing animals across the border and shooting aimed at the territory of the State of the other Party, are prohibited. The specified restriction also applies in the area from the outer border of the border strip to the limits established by the national legislation of the States of the Parties.

Article 23  

     1. When conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border, border strips, as well as within the boundary waters (including their use) The Parties shall not prejudice the interests of the States of the Parties.

     2. If it is necessary to carry out blasting operations within 1,000 meters from the state border, the Party planning to carry them out shall notify the other Party through a border representative at least 48 hours in advance and take measures to prevent damage to the States of the Parties.

Article 24  

     1. Authorized bodies in the field of border protection monitor the prevention of pets crossing the state border.

     2. In the case of pets crossing the state border, the authorized bodies in the field of border protection inform each other as soon as possible and take measures to search, protect and transfer them to the places agreed upon by the Parties, or, in case of detection of their illness or death due to a particularly dangerous infectious disease, to destroy them in accordance with national legislation. States of the Parties.

     Their concealment, slaughter or sale, as well as their use for economic purposes are prohibited.

Article 25  

     1. The authorized bodies shall take sanitary and anti-epidemic (preventive), veterinary and phytosanitary measures to prevent the introduction into the territory of the States of the Parties and the spread of infectious human and animal diseases, epidemics and epizootics, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests).

     In case of deterioration of the sanitary-epidemiological, epizootic situation in border areas, detection of infectious human or animal diseases in border areas, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests) that pose a danger to human health, animals, plants and the environment, and their possible spread through The authorized bodies immediately notify each other about the state border.

     2. In case of outbreaks of particularly dangerous animal diseases in the territory of the state of one of the Parties, the authorized body of the state of the other Party prohibits the import of animals, products and raw materials of animal origin in accordance with the requirements of the International Epizootic Bureau (hereinafter - OIE) when crossing the state border and leaving or entering the territory of the States of the Parties of persons, vehicles, (export) of goods and other property.

     The authorized bodies of the Parties, in accordance with the requirements of the OIE, prohibit the import of animals, products and raw materials of animal origin from a country with a disadvantaged status to a country with a safe status for particularly dangerous animal diseases.

     The authorized bodies organize joint surveys to establish the boundaries of the spread of quarantine pests, organize quarantine measures to localize and eliminate the foci of the spread of quarantine pests in the border areas.

     3. Authorized bodies, if necessary, hold consultations on the protection and use of border forests, water and other natural resources, problems of prevention of infectious diseases of humans and animals, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests).

Article 26  

      When using the border waters, the Parties shall be guided by the provisions of this Agreement and other international treaties to which both States of the Parties are parties.  

Article 27  

     1. Citizens of the States of the Parties shall carry out fishing within their part of the border waters up to the state border.

     It is prohibited to use explosives and chemicals, electric current or other methods of mass destruction of fish and other aquatic biological resources in the border waters. The authorized bodies jointly or independently take measures to curb illegal fishing of fish and other biological resources in the border waters.

     2. Fishing of fish and other biological resources is not allowed within the time limits and places established by the national legislation of the States of the Parties, with the exception of fishing for scientific research purposes.

      3. The authorized bodies resolve issues of protection, reproduction and use of fish and other aquatic biological resources within the boundary waters in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.  

Article 28  

     1. The Parties shall take the necessary measures to prevent destruction of the banks and changes in the position of the riverbed of the border rivers within the border waters.

     The Parties shall not damage the banks of the border rivers of the other Party during works on engineering strengthening of their banks of border rivers within the border waters and shall notify each other of the carrying out of these works at least 10 days before their start.

     The Parties shall coordinate and settle issues of protection of the banks of border rivers within the border waters on the basis of the principle of equality and mutual benefit.

     2. The authorized bodies, if necessary, deepen and clean the riverbed of the border rivers within the border waters after agreement by the Parties.

     The Parties, in order to avoid harm to the channels and banks of border rivers within the border waters when deepening and cleaning their bottoms, agree on a specific location for storing properly extracted bottom soil.

     3. The Parties shall not allow artificial changes in the position of the riverbeds of the border rivers within the border waters without mutual consent.

      4. Authorized bodies in the field of border protection, at the suggestion of local executive bodies of the States of the Parties, establish places for water intake, bathing, and watering of animals on border rivers within border waters, where temporary suspension of regime restrictions is allowed if there is a positive environmental assessment and compliance of water sources with sanitary and epidemiological requirements, with the notification of the authorized body in the field of border protection the other Side.  

Article 29  

     One Party may not damage the interests of the State of the other Party during the construction, reconstruction or demolition of any buildings or structures (including objects of transboundary structures) on the border rivers or their banks within the border waters.

     Activities carried out on the border river or its banks, which may lead to a change in the position of the channel and current within the border waters, affect the use of their water resources, fish migration, damage the environment, as well as other interests of the States of the Parties within the border waters, are regulated in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

Article 30  

     1. The construction, operation and repair of cross-border facilities shall be carried out in accordance with the agreements reached by the Parties.

     2. The boundaries of responsibility for the operation of cross-border facilities on border rivers within border waters are determined by a line running through the center of the facility, along its middle or technological axis, unless the Parties agree otherwise.

     The boundaries of responsibility for the operation of transboundary facilities on land are determined in accordance with the agreements reached by the Parties.

     The boundaries of responsibility for the operation of cross-border facilities do not affect the passage of the state border on the ground.

     After the entry into force of this Agreement, the construction of permanent structures within five meters on both sides of the state border is prohibited, except for those used in the interests of border protection, unless the Parties agree otherwise.

Article 31  

     In the event of natural and man-made emergencies in the border areas, the authorized bodies, by agreement, provide the necessary assistance to the affected Party in rescuing and eliminating the consequences, and also take measures to prevent the disaster from spreading to the territory of the other Party's State.

Article 32  

     1. The authorized bodies independently take measures, as well as carry out joint activities to maintain and comply with the state border regime in accordance with this Agreement, the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

     To this end, the authorized bodies in the field of border protection organize and conduct joint actions to comply with the state border regime in the periods and terms agreed upon by the border representatives of the States of the Parties.

     Movement along shared roads of authorized bodies in the field of border protection during joint actions to maintain and comply with the state border regime is carried out by agreement of border representatives.

4. Hunting on the state border and the border strip for the purpose of fishing, as well as chasing animals across the border and shooting aimed at the territory of the State of the other Party, are prohibited. The specified restriction also applies in the area from the outer border of the border strip to the limits established by the national legislation of the States of the Parties.

Article 23  

     1. When conducting economic, commercial or other activities, conducting socio-political, cultural or other events on the state border, border strips, as well as within the boundary waters (including their use) The Parties shall not prejudice the interests of the States of the Parties.

     2. If it is necessary to carry out blasting operations within 1,000 meters from the state border, the Party planning to carry them out shall notify the other Party through a border representative at least 48 hours in advance and take measures to prevent damage to the States of the Parties.

Article 24  

     1. Authorized bodies in the field of border protection monitor the prevention of pets crossing the state border.

     2. In the case of pets crossing the state border, the authorized bodies in the field of border protection inform each other as soon as possible and take measures to search, protect and transfer them to the places agreed upon by the Parties, or, in case of detection of their illness or death due to a particularly dangerous infectious disease, to destroy them in accordance with national legislation. States of the Parties.

     Their concealment, slaughter or sale, as well as their use for economic purposes are prohibited.

Article 25  

     1. The authorized bodies shall take sanitary and anti-epidemic (preventive), veterinary and phytosanitary measures to prevent the introduction into the territory of the States of the Parties and the spread of infectious human and animal diseases, epidemics and epizootics, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests).

     In case of deterioration of the sanitary-epidemiological, epizootic situation in border areas, detection of infectious human or animal diseases in border areas, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests) that pose a danger to human health, animals, plants and the environment, and their possible spread through The authorized bodies immediately notify each other about the state border.

     2. In case of outbreaks of particularly dangerous animal diseases in the territory of the state of one of the Parties, the authorized body of the state of the other Party prohibits the import of animals, products and raw materials of animal origin in accordance with the requirements of the International Epizootic Bureau (hereinafter - OIE) when crossing the state border and leaving or entering the territory of the States of the Parties of persons, vehicles, (export) of goods and other property.

     The authorized bodies of the Parties, in accordance with the requirements of the OIE, prohibit the import of animals, products and raw materials of animal origin from a country with a disadvantaged status to a country with a safe status for particularly dangerous animal diseases.

     The authorized bodies organize joint surveys to establish the boundaries of the spread of quarantine pests, organize quarantine measures to localize and eliminate the foci of the spread of quarantine pests in the border areas.

     3. Authorized bodies, if necessary, hold consultations on the protection and use of border forests, water and other natural resources, problems of prevention of infectious diseases of humans and animals, as well as pests, plant diseases and weeds of agricultural and forest crops (including quarantine pests).

Article 26  

      When using the border waters, the Parties shall be guided by the provisions of this Agreement and other international treaties to which both States of the Parties are parties.  

Article 27  

     1. Citizens of the States of the Parties shall carry out fishing within their part of the border waters up to the state border.

     It is prohibited to use explosives and chemicals, electric current or other methods of mass destruction of fish and other aquatic biological resources in the border waters. The authorized bodies jointly or independently take measures to curb illegal fishing of fish and other biological resources in the border waters.

     2. Fishing of fish and other biological resources is not allowed within the time limits and places established by the national legislation of the States of the Parties, with the exception of fishing for scientific research purposes.

      3. The authorized bodies resolve issues of protection, reproduction and use of fish and other aquatic biological resources within the boundary waters in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.  

Article 28  

     1. The Parties shall take the necessary measures to prevent destruction of the banks and changes in the position of the riverbed of the border rivers within the border waters.

     The Parties shall not damage the banks of the border rivers of the other Party during works on engineering strengthening of their banks of border rivers within the border waters and shall notify each other of the carrying out of these works at least 10 days before their start.

     The Parties shall coordinate and settle issues of protection of the banks of border rivers within the border waters on the basis of the principle of equality and mutual benefit.

     2. The authorized bodies, if necessary, deepen and clean the riverbed of the border rivers within the border waters after agreement by the Parties.

     The Parties, in order to avoid harm to the channels and banks of border rivers within the border waters when deepening and cleaning their bottoms, agree on a specific location for storing properly extracted bottom soil.

     3. The Parties shall not allow artificial changes in the position of the riverbeds of the border rivers within the border waters without mutual consent.

      4. Authorized bodies in the field of border protection, at the suggestion of local executive bodies of the States of the Parties, establish places for water intake, bathing, and watering of animals on border rivers within border waters, where temporary suspension of regime restrictions is allowed if there is a positive environmental assessment and compliance of water sources with sanitary and epidemiological requirements, with the notification of the authorized body in the field of border protection the other Side.  

Article 29  

     One Party may not damage the interests of the State of the other Party during the construction, reconstruction or demolition of any buildings or structures (including objects of transboundary structures) on the border rivers or their banks within the border waters.

     Activities carried out on the border river or its banks, which may lead to a change in the position of the channel and current within the border waters, affect the use of their water resources, fish migration, damage the environment, as well as other interests of the States of the Parties within the border waters, are regulated in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

Article 30  

     1. The construction, operation and repair of cross-border facilities shall be carried out in accordance with the agreements reached by the Parties.

     2. The boundaries of responsibility for the operation of cross-border facilities on border rivers within border waters are determined by a line running through the center of the facility, along its middle or technological axis, unless the Parties agree otherwise.

     The boundaries of responsibility for the operation of transboundary facilities on land are determined in accordance with the agreements reached by the Parties.

     The boundaries of responsibility for the operation of cross-border facilities do not affect the passage of the state border on the ground.

     After the entry into force of this Agreement, the construction of permanent structures within five meters on both sides of the state border is prohibited, except for those used in the interests of border protection, unless the Parties agree otherwise.

Article 31  

     In the event of natural and man-made emergencies in the border areas, the authorized bodies, by agreement, provide the necessary assistance to the affected Party in rescuing and eliminating the consequences, and also take measures to prevent the disaster from spreading to the territory of the other Party's State.

Article 32  

     1. The authorized bodies independently take measures, as well as carry out joint activities to maintain and comply with the state border regime in accordance with this Agreement, the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

     To this end, the authorized bodies in the field of border protection organize and conduct joint actions to comply with the state border regime in the periods and terms agreed upon by the border representatives of the States of the Parties.

     Movement along shared roads of authorized bodies in the field of border protection during joint actions to maintain and comply with the state border regime is carried out by agreement of border representatives.

     2. The Parties shall strengthen cooperation and interaction in the interests of ensuring conditions and maintaining the state border regime, order in border areas, preventing and suppressing smuggling, illegal migration, trafficking in narcotic drugs, psychotropic substances, their analogues, precursors, sale and movement of prohibited items and other cross-border crimes.

     3. In order to ensure cooperation on issues related to maintaining the state border regime, preventing and resolving border incidents, authorized border protection authorities appoint border representatives who organize their activities in accordance with this Agreement, the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

      4. The Parties shall determine the list of administrative boundaries of the border areas in accordance with Annex 5 to this Agreement. In the event of changes due to the revision of the administrative delimitation of their border areas, one Party shall promptly notify the other Party.  

Chapter 7. Procedure for resolving border incidents  

Article 33  

     1. Border incidents are resolved by border representatives.

     2. Border incidents are resolved by conducting unilateral or joint investigations, exchanging information or reviewing their results, making joint decisions, eliminating consequences and causes, bringing perpetrators to justice, and restoring the state border regime in accordance with this Agreement.

     Investigations establish: the type of incident, the time, place and causes of its occurrence, the participants, the nature of their actions and guilt, the presence of witnesses and physical evidence, the measures necessary to consolidate the testimony of witnesses and preserve physical evidence.

     All issues related to the resolution of border incidents are resolved on an equal basis, all statements by border representatives are made in a polite manner, are reasonable in nature and are resolved in the interests of the States of the Parties.

     3. When resolving border incidents, it is allowed to involve border representatives as experts, as well as the use of forces and means of other authorized bodies of the States of the Parties.

     4. Border incidents that are not resolved by border representatives are resolved through diplomatic channels.

Article 34  

      In case of border incidents, the border representative of the State of one Party informs the border representative of the State of the other Party about them in accordance with the established procedure or receives relevant information from him.  

      In cases of border incidents, border representatives send oral or written statements requesting appropriate measures.  

Article 35  

     1. Upon detection of signs (traces) of a border violation or violator from the territory of the State of one Party, border representatives and authorized bodies of the State of the other Party shall search, detain and identify the border violator on the territory of their state, and inform each other about this.

     2. It is prohibited to use weapons against a border violator if he does not pose a threat to the life and safety of citizens of the States of the Parties.

     The use of weapons against a border violator is allowed in accordance with the national legislation of the States of the Parties.

     An intruder who was injured during detention is provided with urgent medical assistance.

     3. The border representatives of the State of the Party that detained the border violator shall inform the border representatives of the State of the other Party about the circumstances of the offenses committed by him, the measures taken against him and the results of the investigation.

     4. The transfer of offenders by border representatives is carried out in accordance with the national legislation of the States of the Parties and international treaties to which both States of the Parties are parties.

Article 36  

     1. If unidentified human corpses are found on the state border, border strips or border waters, border representatives and authorized bodies of the Parties establish their affiliation, if necessary, conduct a joint identification, and jointly resolve issues of their transfer or the necessary resolution methods.

     2. If unidentified objects or cattle corpses are found near the state border, the Parties shall take measures to establish their ownership and, by mutual agreement, transfer (return) or destroy them.

Article 37  

     1. If there is information about an illegal border crossing by an aircraft, the authorized bodies of the States of the Parties, together with border representatives, take measures to establish the fact of a border violation in the airspace.

     The border representatives and authorized bodies of one Party, after verifying that the aircraft has illegally crossed the border from the airspace of the other Party, immediately inform the border representatives and authorized bodies of the other Party about the likely type of aircraft that violated the border, as well as the time of the border violation, location (geographical coordinates), altitude and direction (airway) flying.

     2. After receiving a report of an illegal border crossing by an aircraft, the border representatives and authorized bodies of the Party from whose airspace the border violation was committed by an aircraft immediately carry out a check on the illegal border violation and inform the border representatives and authorized bodies of the other Party about the reasons for the illegal border crossing.

     If the border guards and authorized bodies of the Party from whose airspace the aircraft violated the border was committed do not have information about the aircraft, they shall inform the border guards and authorized bodies of the other Party and take measures to search for it.

     3. Border officials and authorized bodies of the Parties jointly investigate the causes of illegal border crossing by aircraft.

     The procedure for exchanging information on illegal border crossing by aircraft is decided in accordance with the relevant agreements between border officials and authorized bodies of the Parties.

Article 38  

     1. A unilateral investigation of border incidents (hereinafter referred to as a unilateral investigation) is conducted in relation to border incidents that do not cause disagreement between the Parties (accidental crossing of the state border by citizens of one side into the territory of the other, cattle grazing across the border, fire crossing in steppe areas) or which do not require additional joint measures to resolve.

     2. Unilateral investigations are conducted by border representatives independently on their territory in accordance with the national legislation of the States of the Parties, the results of which are informed to the other Party.

     3. The settlement of border incidents in such cases is achieved by receiving and transmitting information about the results of a unilateral investigation by means of communication (official correspondence) or by holding a meeting of border representatives, their deputies or assistants with a joint decision, as well as the subsequent implementation by the Party on whose territory the border incident occurred, measures to eliminate their consequences and causes, to bring the perpetrators to justice and restore order in accordance with the rules of the state border regime.

     The materials of unilateral investigations are the basis for making joint decisions at a meeting (joint meetings) of border representatives, reflecting the common point of view of the Parties, which are attached as annexes to the protocol of the meeting of border representatives.

     If there are insufficient grounds for developing a common point of view between the Parties and making joint decisions, joint investigations are appointed by border representatives by mutual agreement.

     4. Border representatives, by mutual agreement, establish meeting points at the state border, as well as points and procedures for the exchange of official correspondence and the use of technical means of communication.

Article 39  

     1. A joint investigation of border incidents (hereinafter referred to as a joint investigation) is conducted in relation to border incidents related to violation of the state border regime or causing material or other damage to one or both States of the Parties.

     2. Joint investigations are conducted by border representatives at border representatives' meeting points or directly at the site of a border incident.

3. The settlement of border incidents in such cases is achieved by reviewing the results of joint investigations by border representatives, making joint decisions, identifying and taking joint measures to eliminate the consequences and causes, bringing perpetrators to justice and restoring order in accordance with the requirements of this Agreement.

     The perpetrators are brought to justice in accordance with the national legislation of the States of the Parties.

     4. When reviewing the results of joint investigations, decisions are made reflecting the common point of view of the border representatives on the settlement of the border incident, and an act of joint investigation of the border incident is drawn up.

     When identifying the causes of a border incident related to the insufficiency of measures taken by one of the Parties or the establishment of the guilt of citizens of the States of one of the Parties, such a Party shall recognize the identified causes or the established guilt of persons, and measures shall be taken to restore order in accordance with the requirements of this Agreement and bring to justice those responsible. The border representative of the State of the other Party is informed about the measures taken.

Article 40  

     1. A joint investigation shall be conducted at the site of a border incident if it is necessary to establish all the circumstances that caused it, to verify the validity of the statement of the border representative of the State of the Party at whose request the joint investigation is being conducted.

     2. The procedure for joint investigation and review of its results is determined on a case-by-case basis, depending on the circumstances and nature of the border incident. A joint investigation is organized and supervised by a border representative of the State of the Party in whose territory it is conducted.

     The time and place of the joint investigation are agreed upon between the border representatives.

Article 41  

     1. At the appointed time, the border representative of the State of the Party in whose territory the joint investigation is being conducted shall meet the border representative of the State of the other Party in the area of the joint investigation.

     In order to determine the nature of the incident (place and time, type and causes of its occurrence), participants (persons, the nature of their actions and guilt) and witnesses, as well as to collect and consolidate physical evidence, the place of the border incident, wounded and corpses, documents and weapons, traces of people and animals, extracted bullets moved through cargo and other property, destroyed or damaged border signs and cross-border structures, and other evidence of illegal actions.

     The wounded and corpses are examined by medical experts at the place of discovery. Prior to the joint investigation, the necessary medical care is provided to the wounded and the protection of corpses is ensured.

     The questioning of witnesses, victims and detained (guilty) persons located on the territory of the State of one Party is carried out unilaterally by the border representative of this Party.

     Their joint questioning by border guards is carried out with the permission of their senior superiors.

     All discovered objects and traces on the ground are examined in their interrelationship and taking into account the interview of witnesses, victims and detained (guilty) persons.

     Documents, weapons and other items, that is, physical evidence, are subjected to a thorough examination, and, if necessary, an expert examination. At the same time, their state and personal affiliation, purpose and use during the border incident are established.

     Experts of the border representatives determine the existence of material and other damage (to the state, organizations, enterprises, citizens, and the state of health of the victims).

     When threatened with destruction by precipitation, evidence is photographed and video documented against the background of nearby local objects, which are pronounced landmarks.

     In order to develop a joint solution to resolve a border incident based on the presence and location of physical evidence, the results of interviews with witnesses, victims and detained (guilty) persons, border officials establish the nature, place and time of the border incident, the causes and consequences of its commission, the guilt of persons and their nationality, the presence of material and other damage (to the state, organizations, enterprises, citizens, the state of health of the victims), as well as the definition of measures to restore the regime of the state border in accordance with this Agreement.

     2. Depending on the nature and circumstances of the border incident, the following documents are compiled during the joint investigation::

     1) the act of inspection of the place of the border incident;

     2) examination reports;

     3) protocols of the interview (joint interview) of witnesses, victims and detained (guilty) persons;

     4) acts of assessment of destroyed or damaged property;

     5) acts of joint inspection of border signs.

     All documents are drawn up in two copies, each in Russian, signed by the border guards and all participants in the joint investigation (except for the acts of expertise, which are signed by experts of the border guards).

     The act of inspection of the place of the border incident indicates: the name of the document, the time of the beginning and end of the inspection, the composition of those present during the inspection, the results (traces found, corpses of people or animals, weapons, shell casings, other objects (substances), their affiliation, location in relation to the border signs, relation to the border incident), conclusions.

     A map of the area with an accurate drawing of the location of the discovered physical evidence of the border incident is attached to the act.

     The examination report shall reflect: the place, time, date and grounds for the examination, the composition of the experts of the border representatives, which was established during the examination, the conclusion, the number of copies of the act drawn up, the signatures of the experts who drew up the act.

     An act of joint inspection of border signs is drawn up in any form, which reflects the place, time, date of its inspection and compilation, the grounds for joint inspection of border signs, the results of the inspection, proposals for repair, restoration, re-installation in the same place or reinstallation of border signs.

     3. When all the circumstances of a border incident are established and measures are taken to resolve it during a joint investigation, the border representatives make a joint decision on its settlement, which is formalized by an act of joint investigation of the border incident.

     An act of joint investigation of a border incident is drawn up in any form in the area of its conduct (at the incident site), which reflects the place, time and date of the start and completion of the joint investigation, the basis for its conduct, the composition of those present, the results of the joint investigation, statements and proposals of border representatives, and the decision to resolve the border incident.

     The acts (protocols) specified in paragraph 2 of this article are attached as annexes to the act of joint investigation of the border incident.

     4. If the identified circumstances of a border incident are insufficient, additional measures are taken during the joint investigation to establish them, as a result of which a joint meeting of border representatives to resolve the border incident is scheduled (hereinafter referred to as the joint meeting).

Article 42  

     1. The proposal to hold a joint meeting is sent no later than 7 days before its start and includes the date, time, place, agenda of the joint meeting and the composition of the participants. The response to the offer is provided no later than 48 hours from the moment of its receipt.

     2. If necessary, a joint meeting is held with a transfer from the territory of the state of one Party to the territory of the state of the other Party, when it is necessary to inspect the area in the area of a border incident, interview witnesses, victims and detainees (perpetrators).

     The joint meeting is chaired by the border representative in whose territory it is being held.

     The negotiations are conducted by the border representatives, and the other participants in the joint meeting answer questions with the permission of the border representatives.

     3. After the approval of the agenda of the joint meeting, the border representatives exchange statements about the border incident, taking into account the materials of the joint investigations and the additional circumstances established, present documentary and material evidence, if necessary, conduct additional interviews with witnesses, victims, detained (guilty) persons, as a result of which they come to a common point of view and make joint decisions. on the settlement of the border incident.

     Depending on the nature and newly identified circumstances of the border incident, the following documents are drawn up at the joint meeting::

     1) protocols of additional questioning of witnesses, victims, detained (guilty) persons;

     2) the act of transfer of persons and property;

     3) an act on the existence of material and other damage (damaged or destroyed property);

     4) the act of examination of the damage caused to the health of the victims;

     5) other acts of necessary examinations and documents.

Following the results of the joint meeting, the minutes of the joint meeting (hereinafter referred to as the joint protocol) are drawn up in two copies, each in Russian, which reflect the composition of the participants, the course of the meeting and the decisions taken to resolve the border incident and determine measures to restore the state border regime in accordance with this Agreement.

     The joint protocol is sealed with the signatures of the border representatives or persons replacing them, as well as stamped seals.

     The act of joint investigation of the border incident and the acts (protocols) specified in paragraph 3 of this Article shall be attached to the joint protocol.

Article 43  

     If the border representatives at the joint meeting did not make a joint decision on the settlement of the border incident, unilateral statements and proposals are reflected in the joint protocol.

     Copies of the joint protocols with the materials attached to them are sent to the authorized body in the field of foreign affairs of the States of the Parties to resolve the border incident through diplomatic channels.

Article 44  

     1. Joint decisions taken by border representatives are mandatory for their implementation.

     Border representatives carry out joint decisions and verify their implementation by the authorized bodies of the States of the Parties.

     2. In cases of late implementation of joint decisions by the authorized body of the State of one Party, the border representative of the State of the other Party finds out their reasons through the exchange of information or at a joint meeting.

Article 45  

     1. When making joint decisions on the transfer of persons, property and pets, the deadlines for their execution are indicated.

     2. The transfer of persons, property and pets is carried out by border representatives, their deputies or assistants in accordance with the procedure established by Article 8 of the Agreement on Border Representatives.

     The transfer (reception) of persons is accompanied by their interview in order to identify complaints, which are recorded in the transfer report. If an unsubstantiated complaint is filed, the transfer of persons is postponed for another period and proceedings are conducted.

Article 46  

     The Parties, in accordance with national legislation, independently bear the costs of implementing this Agreement.

Chapter 8. Implementation mechanism    

Article 47  

      In order to implement this Agreement, the Parties shall establish a Joint Commission on the Border Regime, which shall carry out its activities in accordance with Annex 6 to this Agreement.

Chapter 9. Final provisions  

Article 48  

     The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which both States of the Parties are parties.

Article 49  

      By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are integral parts of this Agreement and enter into force in accordance with Article 51 of this Agreement.  

      All annexes mentioned in this Agreement form an integral part of it.  

Article 50  

     In case of disagreement on the interpretation or application of the provisions of this Agreement, the Parties will resolve them through negotiations and consultations.

     The issues that have arisen between the authorized bodies in the field of border protection during the implementation of this Agreement are resolved through consultations of their representatives on the spot or through diplomatic channels.

Article 51

      This Agreement shall enter into force on the thirtieth day after the receipt of the last of the written notifications from the Parties on the completion of the internal procedures necessary for its entry into force.  

      This Agreement is concluded for an indefinite period and is valid until one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate it. In this case, the Agreement shall terminate upon the expiration of three months from the date of receipt of such notification.  

     Done in Astana, December 25, 2017, in two original copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of a discrepancy between the texts, the Parties refer to the text in Russian.

 

For the Government of the Republic of Kazakhstan  ______________________

For the Government of the Kyrgyz Republic  _____________________

 

 

 

Appendix 1 to the Agreement between the Government   of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz state border  

 

Form  

Sample act    repair, restoration or re-installation of the border sign No. ____    

      In accordance with paragraph 2 of Article 5 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from "__" ________ 20___ year Border representative (Deputy Border representative, assistant to the border representative)           ______________________________________________________________________________ (country name)                                          (name of the site)        ______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ______________________________________________________________________________ ( name of the authorized body), (last name, first name, patronymic of the representative)         from ________ to _______ "___" ____________ 20___ year in the presence of a border representative (deputy border representative, assistant border representative)         _______________________________________________________________________________ (country name) (site name)        _______________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ______________________________________________________________________________ ( name of the authorized body), (surname, first name, patronymic of the representative)        produced ______________________________________________________________________ ( repair, rebuild, or re-install) _______________________________________________ border sign no. ___.        Border sign №_________________________________________ ( the following explains the process and reason for repairing, restoring, or reinstalling the border sign)         The above works were performed in accordance with the signed "___" ________ 20___ year ___________________________________________ ___________________________________________________________________ ( name of the demarcation documents or joint inspections)         This act is drawn up in two copies in Russian.          

Border Representative (Deputy border representative, Assistant border Representative)  Of the Republic of Kazakhstan by _________________________________ ( site name) ___________________________________ ( signature)

Border Representative (Deputy border representative, Assistant border Representative) Of the Kyrgyz Republic by ________________________________ ( name of the plot) __________________________________ (signature)

Representative ____________________________________ ( name of the authorized body)  Republic of Kazakhstan ______________________________________ ( signature)

Representative ____________________________________ ( name of the authorized body) of the Kyrgyz Republic ___________________________________ ( signature)

 

 

 

Appendix 2 to the Agreement between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz state border  

 

Form  

Sample act      about the impossibility of restoration or re-installation in its original place after damage (displacement, destruction or loss) of the boundary sign no. ___  

In accordance with paragraph 1 of Article 7 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from "__" ________ 20___ year Border representative (Deputy border representative, Assistant border representative)        ___________________________________________________________________________ (country name)                          (name of the site)        ___________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ____________________________________________________________ (name of the authorized body), (surname, first name, patronymic of the representative)        from ________ to _______ "___" ____________ 20___ year in the presence of a border guard representative (deputy border guard representative,  assistant to the border representative)        ___________________________________________________________________________ (country name) (site name)        ___________________________________________________________________________ (military rank, surname, first name, patronymic)        with a representative ____________________________________________________________ (name of the authorized body), (surname, first name, patronymic of the representative)        installed, What is a border sign №___ _________________________________________ ( damaged, displaced, destroyed, or lost)        And his ____________________________________________________________________________ ( restore or reinstall)         to the original location, determined in accordance with the provisions of the signed agreement. "___" _________ 20___ year ___________________________________________________,                                 (name of the demarcation or joint verification document)        impossible)__________________________________________________, ( reason) about what the Parties agreed to report on their line to the Joint Kazakh-Kyrgyz Commission on the regime of the state Border.        This act is drawn up in two copies, each in Kazakh, Kyrgyz and Russian languages.        In case of a discrepancy between the texts, the Parties refer to the text in Russian.          

The border representative (deputy border representative, assistant border representative) of the Republic of Kazakhstan for _______________________ ( name of the plot) ____________________________ (signature)

Border Representative (Deputy border representative, Assistant border Representative)  Of the Kyrgyz Republic by _______________________ ( name of the plot) ____________________________ ( signature)

Representative ______________________________ ( name of the authorized body)  Republic of Kazakhstan ____________________________ ( signature)

Representative _____________________________ ( name of the authorized body)  Of the Kyrgyz Republic ____________________________ ( signature)

       

 

Appendix 3 to the Agreement between the Government   of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime   Kazakh-Kyrgyz state border    

 

Form    

Sample act on the installation of border sign no. ___ in a new location after damage (displacement, destruction or loss)    

      In accordance with paragraph 2 of Article 7 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from"__"______ 20___ and the decision of the Joint Kazakh-Kyrgyz Commission on the regime of the State Border from _________________20___ year          representative (of the Kazakh/Kyrgyz part) of the joint expert group          _____________________________________________________________________________ (last name, first name, patronymic)        __________________________________________________"____"___________ 20____ years together with a representative _____________________________________________________________________________ ( last name, first name, patronymic)        (Kazakh/Kyrgyz part) of the joint expert group ____________________________________________________________________________ ( last name, first name, patronymic)        The damaged (displaced, destroyed, or lost) border sign no. ____ was installed in a new location.        Protocol of the border sign No. ___, a diagram of the relative position of the pillars of the border sign and fragments of the Catalog of coordinates and heights of the border sign, a Protocol describing the passage of the state border in this section and a Map of the state border concerning the location of the newly installed border sign (attached),  compiled in accordance with the signed "____"_________ 20____ year __________________________________________________________________________ ( name of the demarcation documents and joint inspections)        This act is drawn up in two copies, each in Kazakh, Kyrgyz and Russian languages, and all texts have the same validity.         In case of a discrepancy between the texts, the Parties refer to the text in Russian.  

Representative of the Kazakh part of the joint expert group   ________________ (signature)  

Representative of the Kyrgyz part of the joint expert group ________________ ( signature)    

 

 

 

Appendix 4 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State border    

 

Form    

Sample notification    on conducting an aircraft flight on its territory within the border strip    

     Border Representative ______________________________________________________ ( State of the party)        by _____________________________________________________________________________ ( area of activity)        shows his respect to the border representative _____________________________________________________ ( The State parties)        by _____________________________________________________________________________                                       (area of activity)        and in accordance with article 21 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from ___ _________ 20___ The year has the honor to notify about the conduct of an aircraft flight on its territory within the border strip: 1. The purpose of the flight.         2. Flight data: 1) Flight period, specific take-off days and flight duration;         2) the flight area, the geographical coordinates of the point of entry into and exit from the border strip, the direction of flight; 3) the flight altitude.        3. Information about the aircraft:        1) owner; 2) type and modification; 3) coloring (color); 4) identification marks; 5) tail number; 6) call signs; 7) presence of a radar installation.        4. Information about photographic equipment:        1) type and modification; 2) focal length.        Border Representative _____________________________________________________ ( State of the party)        by ___________________________________________________________________________ ( area of activity)         takes advantage of the opportunity, to resume the border representative          ____________________________________________________ (State of the party)        by ___________________________________________________________________________ ( area of activity)        assurances of my high respect.          Border Representative   Republic of Kazakhstan            by __________________________ ( name of the plot)        _______________________________ (military rank, surname, initials)          __________________________ (signature)    

 

Appendix 5 to the Agreement between the Government   of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime   Kazakh-Kyrgyz state border  

 

Form  

List of administrative boundaries of border areas  

      In accordance with paragraph 4 of Article 32 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from "___" ________ 20___ The list of administrative boundaries of the border areas is determined every year .:           1. From the Republic of Kazakhstan: Almaty region: Rayymbek district; Talgar district; Karasai district; Zhambyl district; Zhambyl region:        Kordai district; Merken district; Zhambyl district; Shui district;        Turara Ryskulova district; Zhualynsky district.        2. From the Kyrgyz Republic:        Issyk-Kul region:        Ak-Suisky district;        Tyupsky district; Issyk-Kul district; Chui region:        Keminsky district; Chuisky district; Issyk-Ata district;        Alamudun district;        Sokuluk district;        Moskovsky district; Panfilovsky district; Zhayylsky district; Talas region:        Talas district; Manassky district; Kara-Buurinsky district.  

 Appendix 6 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State border    

Position   on the Joint Kazakh-Kyrgyz Commission on the regime of the State Border    

      In accordance with article 47 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the regime of the Kazakh-Kyrgyz State Border from "___" _________ 20__ G. (hereinafter referred to as the Agreement) the present Regulation on the Joint Kazakh-Kyrgyz Commission on the Regime of the State Border (hereinafter referred to as the Agreement) is adopted. - Commission).    

Section 1. Composition of the Commission    

     The Commission consists of the chairmen of the Parties at the appropriate level, who are appointed in accordance with the national legislation of the States of the Parties, and the number of representatives agreed by the Parties. If necessary, the Commission includes experts and specialists from geodetic and land management services, representatives of other authorized bodies of the States of the Parties.

     The Parties will notify each other through diplomatic channels about the composition of their part of the Commission within 3 months after the entry into force of this Agreement.

Section 2. Functions of the Commission    

      The Commission carries out its work in accordance with the Agreement and performs the following functions::  

      monitoring the implementation of the Agreement;  

      appointment, as necessary, of representatives responsible for the implementation of issues related to the state border regime;  

      resolution of disagreements arising in the interpretation of the provisions of the Agreement during its implementation;  

      consideration and resolution of issues related to the installation of boundary signs, the restoration of which is impossible at the site of the original installation;  

      coordination and resolution of other important issues related to compliance with the regime of the Kazakh-Kyrgyz state border.  

Section 3. Forms of the Commission's work  

     1. The Commission shall carry out its work by holding meetings, which shall be formalized in two copies, each in Kazakh, Kyrgyz, and Russian, and signed by the Chairmen of the parts of the Commission. If the chairman of one of the parts of the Commission is unable to participate in the meeting, one of the members of his part of the Commission shall sign the minutes on his behalf.

     In case of a discrepancy between the texts, the Parties refer to the text in Russian.

     The decisions of the Commission taken at the meetings are binding.

     2. The Commission may also carry out its work in the form of correspondence or in other ways agreed upon by it.

Section 4. Working mechanism of the Commission  

     1. Meetings of the Commission shall be held at least once a year in the order of priority in the territory of the state of each of the Parties. If necessary, an extraordinary meeting is held.

     The date, place, time, agenda and composition of the meeting participants are agreed upon through diplomatic channels.

     2. The meeting is chaired by the Chairman of that part of the Commission in the territory of which the meeting is being held.

Section 5. Commission expenses    

      The expenses related to the performance of the Commission's functions are paid by the Parties themselves.    

      The Party in whose territory the meeting of the Commission is being held provides the necessary conditions (premises, vehicles) for its holding.    

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases