On the ratification of the Agreement on the Status of Formations of Forces and Means of the Collective Security System

Home / RLA / On the ratification of the Agreement on the Status of Formations of Forces and Means of the Collective Security System

Law of the Republic of Kazakhstan dated July 5, 2001 No. 224

To ratify the Agreement on the Status of formations of Forces and Means of the collective security system, signed in Bishkek on October 11, 2000.

President

Republic of Kazakhstan

Agreement

on the status of formations of forces and means of the system

collective security

The States Parties to the Collective Security Treaty of May 15, 1992 and this Agreement, hereinafter referred to as the Parties, based on the objectives of creating an effective mechanism for the implementation of Article 4 P920997_ of the Collective Security Treaty of May 15, 1992. (hereinafter referred to as - Agreement) and conducting joint counter-terrorism operations, considering that military formations of one Party (several Parties) may be temporarily deployed to the territory of the other Party to perform these tasks only at its request or with its consent by Decision of the Collective Security Council, reaffirming their commitment to the purposes and principles of the UN Charter, observing the norms of international law and concluded agreements. international instruments related to arms control and confidence- and security-building measures, Desiring to create a legal framework for the temporary stay of such military formations in the territories of the Parties, agreed on the following:

Article 1 For the purposes of this Agreement, the terms used mean: "formations of forces and means of the collective security system (military formations)" - associations, formations, military units and subunits detached from the national armed forces and other troops of the Parties to form coalition (regional) groupings of troops (forces) formed to repel external military aggression against one or more Parties, to form consolidated (multilateral) military formations designed to conduct joint counter-terrorism operations or command-staff and military exercises in the territories of the Parties, and temporarily deployed in the territories of other States Parties to this Agreement. Military formations may also include representatives of the relevant courts, prosecutor's offices and the security of the sending Party; "status of military formations" - the legal status of military formations of the Parties temporarily located in the territories of the States parties to this Agreement in order to repel external military aggression, conduct a joint counter-terrorism operation or command and staff and military exercises; "personnel of military formations" - military personnel serving in military formations, as well as civilians (civilian personnel) working in military units, organizations and institutions of military formations or temporarily seconded to military formations as civilian specialists; "Command of a military formation" - the Command of a coalition (regional) grouping of troops (forces) created to repel external military aggression, or the Command of a combined (multilateral) military formation designed to conduct joint counter-terrorism operations, command-staff and military exercises in the territories of the Parties and temporarily deployed to the territories of other States parties to the Agreement.; "sending Party" - the state to which the military formations belong; "receiving Party" - the state on whose territory military formations are temporarily stationed to perform assigned tasks or through whose territory military formations transit; "movable property of military formations" - regular (service) military-technical property owned by the sending Party, all types of weapons, military equipment, transport and other logistical the means necessary for the functioning of military formations; "immovable property (real estate objects)" means land plots and barracks and living quarters located on them, communal facilities, military enterprises (institutions), access railways, airfields, training centers and training grounds, stationary control points and communication centers, stationary radio and navigation equipment, buildings and structures of arsenals, bases storage facilities, warehouses and other infrastructure facilities owned by the receiving Party and temporarily used by military units of other Parties with its consent.

Article 2 The Parties, in accordance with the procedure established by national legislation, may, at their request and in agreement with them, send their military formations to the territories of the States Parties to this Agreement to jointly repel external military aggression, conduct joint counter-terrorism operations or command and staff ancle 2 The Parties, in accordance with the procedure established by national legislation, may, at their request and in agreement with them, send their military formations to the territories of the States Parties to this Agreement to jointly repel external military aggression, conduct joi-terrorism operations or command and staff and military exercises. The decision on the deployment, tasks, composition, number of military formations, their locations, as well as the time of their stay on the territory of the Party to which theThe decision on the deployment, tasks, composition, number of military formations, their locations, as well as the time of their stay on the territory of the Party to which they are sent, is made by the heads of State of the Parties - members of the Collective Security Council. Associations, formations, military units and subunits allocated to military formations, with a reserve of material resources, are subordinated to the Command of the military formation after their commanders report on crossing the borders of the Party to which they are sent.

Article 3 The introduction of additional military formations into the territory of the host Country, as well as the import of additional weapons, military equipment and logistical means in order to strengthen the formed coalition (regional) groupings of troops (forces) or consolidated (multilateral) military formations are carried out on the basis of a Decision of the Collective Security Council and with the consent of the host Party. The redeployment (regrouping) of military formations and their replaThe redeployment (regrouping) of military formations and their replacement are carried out according to plans agreed upon by the Ministries of Defense and other departments that provide for military service, the sending and receiving Parties, as well as the Command of the military formation. Depending on the current situation, the Command of the military formation, together with the competent authorities of the host Country, may establish additional rules and regulations necessary to fulfill the assigned tasks.

Article 4 With the consent of the host Party, military formations may conduct command and staff exercises and other operational and combat training activities related to the fulfillment of their assigned tasks on its territory within the designated areas (districts) and facilities. At the same time, the areas, procedure and timing of the exercises, the number of participating military formations, their movement routes, combat firing stages, safety zones, environmental and other issues are coordinated by the CAt the same time, the areas, procedure and timing of the exercises, the number of participating military formations, their movement routes, combat firing stages, safety zones, envimental and other issues are coordinated by the Command of the military formation with the military authorities of the host Country. Carrying out these events outside the designated areas and facilities is allowed only in agreement with the competent authorities of the host Country and prior notification to its military authorities.

Article 5 The receiving Party shall notify the other Parties in writing of the place, time and procedure for crossing its state border and create the necessary conditions for the unhindered and gratuitous movement of military echelons, air and sea (river) vessels and ships, automobile convoys with personnel, equipment, weapons and other logistical means en route to the area. destination or transit, as well as provides free of charge for the placement and use of infrastructure facilities, unless otherwise established by decisions of the Collective Security Council.

Article 6 The receiving Party assumes responsibility for organizing measures to provide military formations with the required land plots, buildings (structures) and infrastructure facilities free of charge. These events must comply with the requirements of the legislation of the host Country, which determine the placement and quartering of a similar composition of military formations of the host Country, unless otherwise established by decisions of the Collective Security Council. The receiving Party provides electricity, water, and public utilities to military units free of charge in the amount necessary to fulfill their assigned tasks. On issues related to the organization of daily activities, medical, public utilities, transportation services, as well as communications services, the Command of a military formation interacts with the Ministry of Defense and other departments that provide for military service, administrative and economic departments of the host Country, has the right to conduct monetary settlements with them and have appropriate accounts for this purpose and funds. The receiving Party provides full settlement and cash services to military formations. In special cases, if necessary, additional issues of organizing the daily activities of military formations may be determined by separate protocols between the Parties.

Article 7 The personnel of military formations must respect the sovereignty and legislation of the host Country, refrain from any actions incompatible with the spirit of this Agreement, not interfere in the internal affairs of the host Country, not participate in political activities and conflicts on its territory, except in the performance of assigned tasks. The Sending Party is obliged to take the necessary measures in this regard. Military personnel of military formations temporarily stationed on the territories of the Parties wear military uniforms and have insignia of the national armed forces of the Parties. If necessary, by decision of the Command of a military formation, common insignia may be established for military personnel of military formations. Persons from military formations have the right to carry weapons in accordance with the orders of the Command of the military formation. Outside the location of military formations, the carrying of weapons by their members is allowed only when they perform their assigned combat tasks and security functions. Vehicles, weapons and military equipment must have distinctive signs of the national armed forces of the Parties. If necessary, by decision of the Command of a military formation, common distinctive signs may be established for vehicles, weapons and military equipment of military formations. Military formations have the right to take measures to ensure their own safety and security in accordance with the procedure in force in the national armed forces of the Parties and taking into account the legislation of the host Country. The establishment of restricted zones or security zones by the Command of a military formation is carried out in coordination with the competent authorities of the host Party, unless otherwise established by decisions of the Collective Security Council.

Article 8 The Parties shall ensure unhindered movement through their territories to the destination of military formations and their cargoes, as well as the priority provision of railway, automobile, sea, river and air transport and transport communications on the basis of preliminary requests. Aviation flights are carried out along routes, as well as in zones (areas) that are coordinated with the military authorities, air traffic control authorities and air control authorities of the Parties. Reception, airfield technical support and protection of military aircraft at military and civilian airfields are carried out free of charge by the airfield services of the Parties. The navigation of ships and vessels of the military formations of the Parties in the waters and their stay in the ports of the receiving Party are carried out in accordance with the procedure established by the receiving Party, taking into account the need to fulfill the assigned tasks.

Article 9 Persons who are members of military formations are not subject to visa control upon entry into and exit from the territory of the host Country. They are also not subject to the legislation of the host Country regarding the registration of foreigners and the monitoring of them. Persons who are members of military formations are not considered to have received any rights to permanent residence on the territory of the host Country.

Article 10 At checkpoints across the state border, the commanders of military formations shall present a personal list of persons who are members of military formations, a list of weapons, military equipment and logistical means, indicating the purpose of arrival on the territory of the receiving Party, certified by the competent authorities of the sending Party. When crossing the state borders of the Parties, military personnel of military formations must be dressed in the military uniform of the national armed forces. In addition to the registration number, official vehicles and military equipment must be equipped with a clearly visible sign indicating their nationality. Persons who are members of military formations cross the state border of the receiving Party upon presentation of documents established by the legislation of the sending Party certifying their identity and membership in military formations. Persons crossing the state borders of the Parties who are members of military formations, the Parties grant the right to transport personal belongings and currency valuables, with the exception of goods prohibited for import and export by the national legislation of the Parties, in accordance with the rules of the Parties on the movement of goods by individuals not intended for production and other commercial activities, without levying customs duties.

Article 11 Formations of the forces and means of the collective security system to fulfill their tasks, weapons, military equipment and logistical means are imported duty-free in the required quantities. The receiving Party shall take all necessary measures on its territory to deliver military equipment, ammunition, spare parts, fuel, lubricants used for official transport, military equipment, air and sea (river) vessels and ships, as well as other (agreed) logistical means to the locations of military formations. The receiving Party does not impose taxes on services rendered to the Command of a military formation, including those listed in Article 6 of this Agreement. Official documents (correspondence) provided with means of identification of the Command of a military formation are not subject to customs inspection. The courier moving these documents must have a delivery order confirming his authority and containing information about the number of documents and the type of collateral applied. The order is certified by authorized persons, information about which is submitted to the border and customs authorities of the Parties. The import and export of weapons, military equipment and logistical assets moved by formations of forces and assets of the collective security system for the purposes of implementing this Agreement shall be carried out on a priority basis without the application of non-tariff regulatory measures and the collection of all types of duties, taxes and fees based on lists agreed upon by the authorized bodies of the sending and receiving Parties. The parties provide military formations with special (extraordinary) conditions for crossing state borders. When granting exemption from customs duties, the Parties may, within the limits of national legislation, require the fulfillment of conditions that they deem necessary to prevent abuse.

Article 12 The receiving Party refuses to submit any claims to the sending Party and the Command of the military formation regarding compensation for damage caused to individuals or legal entities related to death, bodily injury and disability of its citizens, as well as damage caused to its immovable property, natural resources, cultural and historical values, if such damage is caused during performing tasks to repel external military aggression, the elimination of terrorist armed formations on its territory and in the implementation of measures to ensure its own security.

Article 13 During their temporary stay in the territory of the host Country, military formations ensure the safety of its used real estate, natural resources, cultural and historical sites. The Command of the military formation is responsible for the safety of the real estate used by the host Party, as well as for compliance with environmental safety standards in the areas of deployment of military formations. Damage that may be caused by military formations to individuals, movable and immovable property of the receiving Party in conditions unrelated to the performance of tasks specified in Article 12 of this Agreement shall be compensated by agreement between the Parties, and in case of disagreement - in accordance with Article 16 of this Agreement. Compensation for material damage caused to the military formations of the sending Party, as well as compensation to their members or their heirs, if this damage was caused as a result of actions or omissions of legal entities or citizens of the receiving Party, citizens of third countries on its territory, shall be carried out in the amount established by the Conciliation Commission.

Article 14 Each of the Parties respects the legal status of persons who are members of military formations, provides them with full civil, socio-economic and personal rights and freedoms in accordance with international law, does not allow actions that make it difficult for them to perform their tasks, and takes all necessary measures within its territory, agreed with the Command of the military formation, to ensure the safety and protection of members of military formations, as well as weapons, military equipment and logistical means, documentation and official information of military formations, including measures to prevent and suppress any illegal actions against them.

Article 15 The Parties undertake to conclude a separate Agreement on issues of jurisdiction and legal assistance related to the temporary stay of military formations in the territories of the Parties. Prior to the conclusion of this Agreement, the Parties will be guided by the following principles: if a person who is part of a military unit commits an offense, he is responsible in accordance with the legislation of the sending Party.; Each of the Parties undertakes to prosecute, in accordance with national legislation, persons who are members of its military formations and suspected (accused) of committing crimes against the other Party or Parties; when making arrests, detentions, other procedural actions, as well as when providing legal assistance, the Parties are guided by national legislation and the B935100 Convention on Legal Assistance and legal relations in civil, family and criminal cases dated January 22, 1993.

Article 16 All disagreements between the Parties concerning the interpretation or application of this Agreement shall be settled during negotiations between them. To resolve disputed issues, a Conciliation Commission is created, which includes representatives of each Side and representatives of the Command of the military formation. The Conciliation Commission acts within the limits of its powers as determined by the Collective Security Council. All disputes that cannot be resolved through direct negotiations and a Conciliation Commission are referred to the Collective Security Council for resolution.

Article 17 This Agreement is subject to ratification by the Parties and shall enter into force 30 days after the date of deposit of the third instrument of ratification with the depositary, which is the Secretariat of the Collective Security Council. For the Parties that have deposited their instruments of ratification later, this Agreement shall enter into force 30 days after the date of deposit of the instruments of ratification with the depositary.

Article 18 After the entry into force of this Agreement, it is open for accession by other States parties to the Collective Security Treaty. For the acceding State, this Agreement shall enter into force 30 days after the date of deposit of the instrument of accession with the depositary.

Article 19 This Agreement may be amended and supplemented, which are formalized in separate protocols. These protocols shall enter into force in accordance with the procedure provided for in article 18 of this Agreement and shall form an integral part of it.

Article 20 The obligations of the Parties under this Agreement do not affect the obligations of the Parties under other international treaties to which they are parties.

Article 21 This Agreement is concluded for the duration of the Agreement. Any Party may withdraw from this Agreement by sending a written notification of its intention to the depositary at least 6 months before the expected withdrawal date.

Claims that arose prior to the withdrawal of the Party from this Agreement Agreements are subject to mandatory settlement.

Done in Bishkek on October 11, 2000, in one original copy in the Russian language.

The original copy is kept in the Secretariat of the Collective Security Council, which will be sent to each signatory State. The agreement, its certified copy.

For the Republic of Armenia For the Kyrgyz Republic

For the Republic of Belarus For the Russian Federation

For the Republic of Kazakhstan For the Republic of Tajikistan

The reservation of the Belarusian side on articles 1-2 of the Agreement on the Status of formations of forces and means of the collective security system.

"The deployment of the Armed Forces and other troops of the Republic of Belarus to the territory of other States parties to the Collective Security Treaty, as well as the deployment and use of the armed forces of other states on the territory of Belarus is allowed only by decision of the National Assembly of the Republic of Belarus."

Deputy Prime Minister

Republic of Belarus -

Minister of Foreign Affairs

Republic of Belarus

Secretary of State

The Security Council

Republic of Belarus -

Assistant to the President

Of the Republic of Belarus by

National Security

Minister of Defense

Republic of Belarus

Colonel-General

(Experts: Umbetova A.M.,

Puchkova O.Ya.)

President

Republic of Kazakhstan

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