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Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives

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 Republic of Uzbekistan on the activities of Border Representatives

The Law of the Republic of Kazakhstan dated June 30, 2014 No. 219-V SAM

     PRESS RELEASE

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives, signed in Tashkent on December 13, 2000.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives

(Entered into force on July 30, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 5, Article 38)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties, striving to develop good-neighborly relations and maintain cooperation to ensure the regime of the state border, recognizing the inalienable right of States to take measures to protect their state borders, noting the need for the participation of border representatives of the Republic of Kazakhstan and the Republic of Uzbekistan in preventing border incidents, and in the event of their occurrence - to ensure a prompt investigation and settlement of such, have agreed as follows:

  Article 1

     Border representatives and deputy border representatives of the Republic of Kazakhstan and the Republic of Uzbekistan are appointed by the Parties or other competent authorities of the Parties. The Parties shall notify each other through diplomatic channels of the appointment of border representatives and their deputies, indicating their surnames, first names and patronymics, areas of activity and places of residence.       When performing the duties of border representatives, deputy border representatives have the same rights and duties as the border representatives whose deputies they are.

  Article 2

     Border representatives perform their duties in cooperation with each other, in accordance with the laws of their states and international treaties to which the Republic of Kazakhstan and the Republic of Uzbekistan are parties, with the powers defined by this Agreement, within the sections of the Kazakh-Uzbek border defined by the Protocol on the Areas of Activity of Border Representatives (Appendix No. 1), which will be signed in within 30 days from the date of signing this Agreement.       Written credentials (appendix no. 2) issued to: border representatives of the Republic of Kazakhstan and their deputies - by the Director of the Border Service of the National Security Committee of the Republic of Kazakhstan; border representatives of the Republic of Uzbekistan and their deputies - by the Chairman of the State Border Protection Committee of the Republic of Uzbekistan.

  Article 3

     Assistants, secretaries, and officials authorized to receive and transfer official correspondence are appointed to ensure the activities of border representatives, as well as experts and other persons.       Written credentials of assistants to border representatives, certificates of secretaries, certificates for one-time border crossing in both directions (appendices No. 3-5) are issued by border representatives.

  Article 4

     Border representatives within their areas of activity:       Take the necessary measures to prevent border incidents and resolve them in case of occurrence; monitor compliance with the rules established by the Parties for crossing the state border and take measures to prevent its crossing with violations of the established procedure.;       take, together with the relevant state bodies, the necessary measures to combat the smuggling of weapons, ammunition, narcotic drugs, psychotropic substances, valuables and currency, as well as radioactive substances; participate in the identification of human corpses and, if necessary, take measures to transfer them; ensure, together with authorized bodies of state administration and security nature, proper control over household work and other activities on the state border, as well as over water use in border reservoirs;       inform each other in a timely manner about the threats of spreading fires, epidemics, epizootics and agricultural pests across the state border; resolve other issues related to maintaining the regime of the state border.

  Article 5

     1. Border representatives work together, as a rule, at meetings or meetings. By agreement between the border representatives, meetings of their deputies and assistants may be held.        2. Meetings or meetings of border representatives are held on the proposal of one of them. The proposal must contain the agenda of the meeting or meeting, the composition of the participants, the place and time of the meeting or meeting.        In some cases, by mutual agreement between border representatives, issues not previously proposed for discussion may be considered at meetings or meetings.       The response to the proposal to hold a meeting or a meeting should be given by the border representative as soon as possible, but no later than 48 hours after the receipt of such a proposal by the authorized representatives for the reception and transfer of official correspondence. At the same time, additional issues may be proposed for discussion, as well as other time and place of the meeting or meeting.        3. The border representative of the neighboring State must personally attend the meeting or meeting proposed by the border representative. If this is not possible, then his deputy arrives at the meeting or meeting.         4. Their deputies, assistants, secretaries and persons whose presence is necessary (experts, witnesses, victims and other persons) may participate in meetings or meetings of border representatives.        Secretaries and, if necessary, experts and other persons may participate in meetings of border guards' assistants.        5. Issues that do not require face-to-face meetings can be resolved through correspondence or the use of technical means of communication.         6. Border representatives, by mutual agreement, inform each other about the measures taken to implement decisions taken at meetings or meetings.  

  Article 6

     Scheduled meetings or meetings of border representatives and their deputies are held, as a rule, alternately on the territory of the Republic of Kazakhstan and the Republic of Uzbekistan, unscheduled - on the territory of the State of the Party that proposed their holding.       Border representatives' assistants work together on behalf of their border representatives, usually at meetings. The decisions made by the assistants of the border representatives come into force after their approval by the relevant border representatives. Issues on which the border representatives' assistants have not reached agreement are referred to the appropriate border representatives for consideration.

  Article 7

     Following the meeting of the border representatives, a joint protocol is drawn up, which indicates: the agenda of the meeting or meeting, the composition of the participants, the general course of the meeting or meeting, the decisions taken and the deadlines for their implementation.       The minutes of the meeting are drawn up in two copies, each in Russian, and are signed by the border representatives or their surrogates and stamped.

  Article 8

     1. 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. Authorized persons for the reception and transfer of official correspondence are required to receive and transfer official correspondence at the state border around the clock.        2. Border guards shall transfer detained persons, as well as pets, property and corpses of people in accordance with the legislation of the state of each of the Parties. The border guards determine the time and order of each such transfer separately.         3. Border guards, by mutual agreement, shall establish samples of acts, receipts and other documents that are drawn up at the reception and transfer of persons, animals, property, human corpses, official correspondence, as well as when performing other actions in accordance with the provisions of this Agreement.        The transfer of persons, animals, property, and human corpses may be carried out by border guards, their deputies, and assistants.

  Article 9

     Border representatives, their deputies, assistants, secretaries authorized to receive and transfer official correspondence, experts and other persons to perform their duties, in accordance with this Agreement, cross the state border at designated points or agreed places on the basis of the documents specified in Article 3 of this Agreement.       In case of loss of documents granting the right to cross the border in accordance with the provisions of this Agreement, their owners must immediately notify the border representative of their state, who notifies the border representative of the neighboring State about the incident.

  Article 10

1. Border representatives, their deputies, assistants, secretaries authorized to receive and transfer official correspondence and experts in the performance of their duties, in accordance with this Agreement, on the territory of the State of the other Party, are guaranteed personal inviolability, as well as the inviolability of their documents and property necessary to perform the tasks assigned to them.       The above-mentioned officials may wear the prescribed form of clothing, carry with them and bring with them into the territory of the State of the other Party duty-free and without taxes and fees items necessary for work, food, tobacco products and medicines.       2. Each Party shall bear the costs associated with the implementation of this Agreement on its territory, and the costs of holding meetings or meetings shall be borne by the Party in whose territory they are held.

  Article 11

     Border representatives exchange information:       about the facts of illegal crossing of the state border; about the activities of persons involved in the illegal movement of persons across the border, smuggling of weapons, ammunition, narcotic drugs, psychotropic substances, valuables and currency, as well as radioactive substances; about the occurrence of dangerous infectious diseases of humans or animals near the state border, as well as the mass spread of agricultural and forest pests, about fires and floods;       on possible actions that may harm the security and interests of the State of each of the Parties, as well as on measures taken to prevent border incidents; on other issues affecting the maintenance of the state border regime.

  Article 12

     Border officials cooperate to prevent border incidents, investigate and resolve border incidents, including:       shelling of persons and territories across the state border, including those resulting in death or injury of people, damage to property and other grave consequences; illegal crossing of the state border by persons, vehicles; violation of the state border by watercraft and aircraft; movement of contraband across the state border;       unintentional crossing of the state border by officials of the border services of the Parties in the performance of their official duties; discovery of property located on the territory of the state of the other Party due to natural disasters or other circumstances; unauthorized or accidental movement, damage or destruction of border signs and other border structures; crossing of domestic animals across the state border; spreading of fires across the state border;       other violations of the state border regime affecting the interests of the States of the Parties, but not requiring resolution through diplomatic channels.

  Article 13

     1. Clarification of the circumstances of border incidents referred to in Article 12 of this Agreement shall be carried out by border representatives in an agreed manner. A joint investigation of border incidents is carried out under the supervision of a border representative in the territory of the State where the border incident occurred.         2. An act is drawn up on the results of the joint investigation of the border incident, and, if necessary, other documents attached as annexes to the minutes of the meeting.        3. Border representatives, within the framework of the powers granted to them by this Agreement, resolve issues of the return of pets and property located on the territory of the other Party's state.        4. A joint investigation of a border incident does not replace actions within the competence of law enforcement agencies.         5. Border incidents where the border representatives have not agreed on a settlement are resolved through diplomatic channels.  

  Article 14

     Appendices No. 1-5 are integral parts of this Agreement. The Parties shall inform each other through diplomatic channels about changes to the specified annexes.

  Article 15

     This Agreement does not affect the rights and obligations of the Parties arising from other existing international treaties to which the Republic of Uzbekistan and the Republic of Kazakhstan are parties.

  Article 16

     Amendments and additions may be made to this Agreement by agreement of the Parties, which are formalized by separate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for in Article 18 of this Agreement.

Article 17

     Any disagreements or disputes arising during the implementation or application of the provisions of this Agreement will be resolved through negotiations between the Parties.

  Article 18

     This Agreement shall enter into force on the date of receipt of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force, and shall be valid for 5 years. It will be automatically renewed each time for the next five years, unless either Party notifies the other Party in writing of its desire to terminate it 6 months before the expiration of the next five-year period.       Done in Tashkent on December 13, 2000, in two originals, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic.       For the purposes of interpreting the provisions of this Agreement, the text in Russian is used.

           For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

 Appendix No. 1 to the Agreement between the Government   The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives      

  PROTOCOL on the areas of activity of border representatives

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan,       In accordance with article 2 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the Activities of Border Representatives dated December ___, 2000,       The parties have established the following:       Areas of activity of border representatives:

     from the Republic of Kazakhstan:       for the border representative at the ________ site (place of stay - ________) - from ______ to__________ ; for the border representative on _________ to the site (place of stay - ________) - from ______ to__________ ; for the border representative at the ________ site (place of residence - _________) - from ______ to__________ ; for the border representative at the ________ site (place of stay - ________) - from ______ to__________ ;

     from the Republic of Uzbekistan:       for the border representative at the ________ site (place of stay - ________) - from ______ to__________ ; for the border representative on _________ to the site (place of stay - ________) - from ______ to__________ ; for the border representative at the ________ site (place of residence - _________) - from ______ to__________ ; for the border representative at the ________ site (place of stay - ________) - from ______ to__________ ;

     This Protocol shall enter into force from the date of signature and shall expire simultaneously with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border Representatives.

     Committed in the city _______ " ____ " _________ 2001 in two copies, each in Kazakh, Uzbek and Russian languages, all texts having the same validity.       For the purposes of interpreting the provisions of this Protocol, the text in Russian is used.

            For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

 Appendix No. 2 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives      

  POWERS OF BORDER REPRESENTATIVES AND THEIR DEPUTIES

     The cover is the State coat of arms and the name of the state Page 1 - AUTHORIZATION Page 2 - Page 3 - Photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives from " ___ " ___ 200___ of the year.       ________________________________________________________ (title, surname, first name, patronymic) appointed a border representative (deputy border representative) ____________________________________________________ _______________________________________________________________ by ___________________________________________________________________ ( name of the State)           (name of the site) the Kazakh-Uzbek border ___________________________________________________________________ ( title, surname)

     Is authorized to perform the duties provided for in the above-mentioned Agreement, and therefore has the right to cross the Kazakh-Uzbek border and stay in the border strip. ____________________________________________________________________ ( name of the State) ____________________________________________________________________ ____________________________________________________________________ ( name of the person's position, having the authority to sign) ____________________________________________________________________ (title, surname, signature)

Appendix No. 3 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives  

THE AUTHORITY OF THE ASSISTANT BORDER REPRESENTATIVE

     Cover - The National emblem and the name of the state Page 1 - AUTHORIZATION Page 2 - Page 3 - Photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives from "__" _________ 200_ of the year. _____________________________________________________________________ (title, surname, first name, patronymic) appointed assistant to the border Representative ____________________________________________________________ by ____________________________________________________________ (name of the State)       (name of the site) the Kazakh-Uzbek border _____________________________________________________________________ ( title, surname)        Authorized to perform the duties provided for in the above-mentioned Agreement, and in this regard, he has the right to cross the Kazakh-Uzbek border and stay in the border zone. ____________________________________________________________________ ( name of the State)

                          BORDER REPRESENTATIVE _____________________________________________________________ (name of the State)                   ________________________________________ (title, surname, signature)

     Place of printing ____ "__" _________ 200_ of the year.       Page 5 - text of page 4 in _________ language Page 6 — Page 7 - Page 8 -  

 Appendix No. 4 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives      

  SECRETARY'S CERTIFICATE

     The cover is the National emblem and the name of the state Page 1 - the CERTIFICATE Page 2 - Page 3 - A photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives from "__" _________ 200_ of the year. _____________________________________________________________________ (title, surname, first name, patronymic) is ____________________________________________________________ (position)

The border representative _______________________________________ by (name of the State) _____________________________________________________________________ (name of the plot)        Kazakh-Uzbek border and has the right to cross the Kazakh-Uzbek border and stay in the border strip _____________________________________________________________________ ( name of the State)

                          BORDER REPRESENTATIVE _____________________________________________________________ (name of the State)                   ______________________________________________ (title, surname, signature)

     Place of printing ____ "__" _________ 200_ of the year.       Page 5 - text of page 4 in _____ language Page 6 — Page 7 — Page 8 -

 Appendix No. 5 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of Border Representatives      

  A CERTIFICATE FOR A ONE-TIME BORDER CROSSING IN BOTH DIRECTIONS

     Cover - The National coat of arms and the name of the state Page 1 - CERTIFICATE of a one-time crossing of the Kazakh-Uzbek border Page 2 - Based on an agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border representatives from "__" _______ 200_ of the year. __________________________________________________________________ (title, surname, first name, patronymic) has the right to cross the Kazakh-Uzbek border in both directions and stay in the border strip. __________________________________________________________________ ( name of the State)

     Valid upon presentation of the owner's identity document.       Really with "__" ________ 200_ of the year.                     by "__" _______ 200_ of the year.

BORDER REPRESENTATIVE ________________________________________________________ ( Name states) _______________________________________________________ (title, surname, signature)

     Place of printing _________ "__" ______ 200_ of the year.       Page 3 - text of page 4 in _____ language Page 4 -

  PROTOCOL between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the areas of activity of border representatives

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, in accordance with article 2 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the Activities of Border Representatives dated December 13, 2000, have established the following:

     Areas of activity of border representatives:       from the Republic of Kazakhstan:       for the border representative for the Aktau area (place of residence - Aktau) - from the junction of the state borders of the Republic of Kazakhstan, Turkmenistan and the Republic of Uzbekistan, to the exit of the Kazakh-Uzbek state border to the eastern coast of the Aral Sea; for the border representative for the Kyzylorda area (place of residence - Kyzylorda) - from the exit of the Kazakh-Uzbek state border to the eastern coast of the Aral Sea to the crossing of the Syrdarya River by the Kazakh-Uzbek state border; for the border representative at the Saryagash site (location - Saryagash) - from the crossing of the Syrdarya River by the Kazakh-Uzbek state border to the junction of the state borders of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan; from the Republic of Uzbekistan:       for the border representative at the Tashkent site (place of residence - Tashkent) - from the junction of the state borders of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan to the crossing of the Syrdarya River by the Kazakh-Uzbek state border; for the border representative for the Uchkuduk site (place of residence - Tashkent (temporarily) - from the crossing of the Syrdarya River by the Kazakh-Uzbek state border to the exit of the Kazakh-Uzbek state border to the eastern the coast of the Aral Sea; for the border representative in the Karakalpakstan area (place of residence - Nukus) - from the exit of the Kazakh-Uzbek state border to the eastern coast of the Aral Sea to the junction of the state borders of the Republic of Kazakhstan, Turkmenistan and the Republic of Uzbekistan.

     This Protocol shall enter into force from the date of signature and shall expire simultaneously with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the activities of border Representatives.

     Done in Astana on November 16, 2001, in two originals, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic.       For the purposes of interpreting the provisions of this Protocol, the text in Russian is used.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

     RCPI's note!       The following is the text of the Agreement in Uzbek

  

  

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  

 

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