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On the Ratification of the Protocol Approving the Regulations on the Organization of Cooperation between Border Guards and Other Agencies of the Member States of the Commonwealth of Independent States in providing assistance in the Event of and Settlement (Liquidation) of Crisis Situations at the External Borders
The Law of the Republic of Kazakhstan dated April 24, 2009 No. 153-IV
To ratify the Protocol approving the Regulations on the Organization of Cooperation between Border Guards and Other Agencies of the Member States of the Commonwealth of Independent States in providing Assistance in the Event of and Resolution (Liquidation) of Crisis Situations at the External Borders, signed in Dushanbe on October 5, 2007.
President of the Republic of Kazakhstan N. Nazarbayev
PROTOCOL on Approval of the Regulations on the Organization of Interaction between Border Guards and Other Agencies of the Participating States The Commonwealth of Independent States in providing assistance in the occurrence and settlement (liquidation) of crisis situations on the external borders
Officially certified text
PROTOCOL on Approval of the Regulations on the Organization of Interaction between Border Guards and Other Agencies of the Participating States The Commonwealth of Independent States in providing assistance in the event of an outbreak and settlement (liquidation) crisis situations on the external borders
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties, guided by the generally recognized principles and norms of international law, as well as the fundamental documents of the Commonwealth of Independent States, recognizing that the maintenance of peace and stability is an essential condition for ensuring the economic and socio-political development of the Parties., in order to further implement the Agreement on Cooperation between the Border Troops of the Member States of the Commonwealth of Independent States in the Event of Crisis Situations at the External Borders of May 17, 1996,
have agreed on the following:
1. To approve the attached Regulation on the organization of cooperation between border guards and other agencies of the member States of the Commonwealth of Independent States in providing assistance in the event of the occurrence and settlement (liquidation) of crisis situations at the external borders (hereinafter referred to as the Regulation). 2. This Protocol shall enter into force on the date of receipt by the depositary of the third notification that the Parties have completed the necessary internal procedures. For States that have completed such procedures later, it shall enter into force on the date of receipt by the depositary of the relevant notifications. 3. The Regulations may be amended and supplemented by a separate protocol, which shall enter into force in accordance with the procedure provided for in paragraph 2 of this Protocol. 4. After the entry into force of this Protocol, it is open for accession by other States. For the acceding State, it shall enter into force 30 days after the date of receipt by the depositary of the relevant notification. 5. Each Party may withdraw from this Protocol by sending a written notification to the depositary at least six months prior to withdrawal. Withdrawal from this Protocol does not release a State from the financial obligations it assumed as a Party to this Protocol.
Done in Dushanbe on October 5, 2007, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.
For the Republic of Azerbaijan For the Republic of Moldova
For the Republic of Armenia For the Russian Federation
For the Republic of Belarus For the Republic of Tajikistan
For Georgia For Turkmenistan
For the Republic of Kazakhstan For the Republic of Uzbekistan
For the Kyrgyz Republic For Ukraine
Annex to the Approval Protocol Regulations on the organization of cooperation between border guards and other agencies of the CIS member States Independent States in the assistance in the occurrence and settlement (liquidation) of crisis situations on the external borders of October 5, 2007
REGULATIONS on the organization of cooperation between border guards and other agencies of the CIS member States Assistance from Independent States in the event of an outbreak and settlement (liquidation) crisis situations on the external borders
This Regulation defines the basis for the organization and mechanism of interaction between border guards and other agencies of the CIS member states in providing mutual assistance in the event of the occurrence and settlement (liquidation) of crisis situations at the external borders.
I. General provisions
1.1. The legal basis for activities in the event of the occurrence and settlement (liquidation) of crisis situations on the external borders of the CIS member States are generally recognized principles and norms of international law, legislation of the CIS member states, the UN Charter and other international treaties (agreements), including those concluded within the CIS, as well as these Regulations. 1.2. In relation to these Regulations, the terms (definitions) mean: "external borders" - sections of the state borders of the CIS member states with non-CIS states; "crisis situation" - a set of military, political and social conflicts that destabilize the situation on the external borders and require collective measures to stabilize it; "settlement (liquidation) of the crisis situation" - a set of agreed urgent organizational and practical measures of the Parties aimed at localizing, stabilizing and eliminating the crisis situation; "Parties" - the CIS member States participating in the implementation of a set of coordinated measures outlined in this Regulation; "requesting Party" - the Party requesting assistance in the event of a crisis situation on its external border; "requested Party" - the Party to which the requesting Party requests assistance in resolving (eliminating) the crisis situation on its external border; "receiving Party" - the Party, on the outer border of which the forces of the created group are solving the tasks of resolving (eliminating) the crisis situation; "sending Party" - the Party that sends, at the request of the requesting Party, formations of border and other agencies to the grouping being created; "competent authorities" - government authorities of the Parties authorized to resolve issues related to the implementation of this Provision; "border agencies" - government agencies that perform protection functions in accordance with the legislation of the CIS member states and protection of their state borders for the purposes of this document; "other departments" - government agencies authorized by the Parties to interact in the event of the occurrence and settlement (liquidation) of crisis situations; "mandate" - a document defining the powers, composition of the group, tasks and timing of the settlement (liquidation) of the crisis situation, the order of entry and withdrawal of the group; "grouping" - a set of forces and means of border and other departments sent by the Parties to resolve (eliminate) the crisis situation; "Joint Staff" is a temporary management body directly designed to manage the group.; "group status" - the legal status of formations of the Parties temporarily located on the territory of the host Country in order to resolve (eliminate) a crisis situation; "group personnel" - military personnel serving in the border and other departments of the Parties, as well as civilians (civilian personnel) working in military units, organizations and institutions who are part of a group or temporarily seconded to formations as civilian specialists; "interaction in the event of the occurrence and settlement (liquidation) of a crisis situation" - joint actions of the border and other agencies of the Parties agreed on goals, objectives, methods, place and time for the most effective settlement (liquidation) of a crisis situation; "organization of interaction" - a set of interrelated measures carried out in advance by the Parties to coordinate the actions of the border and other departments of the Parties, determine the management and support procedures, as well as combine their efforts in jointly fulfilling the tasks of resolving (eliminating) a crisis situation; "movable property of formations" - regular (service) military-technical property owned by the Parties, all types of weapons, military equipment, transport and other logistical means necessary for the functioning of formations; "immovable property (real estate objects)" means land plots and barracks and other residential premises located on them, communal facilities, military enterprises (institutions), railway access roads, airfields, training centers and training grounds, stationary control points and communication centers, stationary radio and navigation equipment, buildings and structures of arsenals, storage bases, warehouses, and other infrastructure facilities owned by the receiving Party and temporarily used by formations of other Parties with its consent.
II. The basics of organization and the mechanism of interaction
2.1. Each of the Parties, in accordance with its legislation, determines in advance the formations to be included in the grouping in order to fulfill the tasks of resolving (eliminating) the crisis situation. The information on the situation at the external borders is summarized by the Coordination Service of the Council of Commanders of the Border Troops and sends the prepared materials to the heads of the border agencies of the Parties. 2.2. The need for forces, means and conditions of the group's stay are determined in accordance with the tasks being solved in each specific situation and can be clarified by agreement. In order to fulfill the tasks of resolving (eliminating) the crisis situation, the Parties conduct advance training of forces and means, which includes: development and timely clarification of plans for interaction between the border and other agencies of the Parties; determination of the composition and strength of the group, provision of its weapons and military equipment, material and technical means; planning and organizing priority preventive measures to resolve (eliminate) a crisis situation; organizing management, notification and comprehensive support for the group; carrying out work aimed at ensuring the moral and psychological preparation of personnel for actions in resolving (eliminating) crisis situations. 2.3. The interaction of the border guards and other agencies of the Parties is carried out in order to: coordination of actions in predicting the situation, conducting and ensuring joint measures in the settlement (liquidation) of crisis situations; developing a common order, sequence and specific methods of action of forces and means according to tasks, directions, boundaries and time; determining common views on the understanding of all leaders of the grouping of goals, objectives and methods of action in various crisis situations; coordination of options for joint actions based on the predicted development of the crisis situation; development of measures to comprehensively ensure the interaction of all forces and means involved in actions to resolve (eliminate) crisis situations; ensuring that the group performs tasks to resolve (eliminate) crisis situations; ensuring the protection of sections of the external borders during the settlement (elimination) of crisis situations in an enhanced mode The Border Guard Service; search for and eliminate terrorist groups and illegal armed formations that have entered the territories of the Parties; suppression of unauthorized mass entry into the territories of citizens of neighboring states, organization of passage of refugees through the external borders where a crisis situation has arisen; conducting special border operations, complex operational search and preventive measures; prevention of illegal movement of explosives across the state borders of the Parties substances, weapons, explosive devices, weapons and ammunition; 2.4. Interaction is organized according to goals, objectives, place (objects), time, directions and options of actions between the border guards and other departments of the Parties involved in the settlement (liquidation) of the crisis situation. The most detailed interaction is organized for the period of fulfillment of the immediate tasks and areas of concentration of the main efforts. 2.5. The development of joint cooperation plans is carried out in advance by the border and other agencies of the Parties. The concept of the interaction plan includes: the procedure for resolving (eliminating) a crisis situation; the procedure for protecting the external border in a possible area of crisis development; temporary boundaries for protecting the external border and the procedure for acting on them; routes for withdrawing units of the border and other departments of the Parties, as well as local residents to safe areas; the procedure for eliminating the consequences of a crisis situation; tasks and activities related to border representation work. The interaction plan is developed on a map with an explanatory note and is drawn up in two copies. The first copy is located at the border agency of the receiving Party, the second is transferred to the Joint Headquarters after its formation. If necessary, by mutual agreement, the number of copies may be more. Graphically displayed on the map: possible development of a crisis situation; possible composition of the group; areas of responsibility, locations of the group's units; composition, tasks and possible nature of the actions of the grouping and interacting units in the settlement (liquidation) of a crisis situation; routes of advance, meeting points, places and time of concentration of the units of the grouping allocated for the settlement (liquidation) of a crisis situation; locations of deployment of control points; places of installation of engineering barriers in areas (areas) of operations; composition, locations and the procedure for applying the reserves of the Parties; other issues related to the specifics of the crisis situation. 2.6. In the context of daily activities, the Parties organize interaction by: joint participation in the development of documents regulating the procedure for resolving (eliminating) a crisis situation; conducting joint training and exercises to develop interaction plans; coordinating joint actions when performing tasks to resolve (eliminate) a crisis situation, including on management and comprehensive support; mutual exchange of information relevant to the competence of the Parties; training of management bodies to act in a crisis situation; exchange of experience on the problems of preventing and resolving (eliminating) a crisis situation; joint development (clarification) of interaction plans and solutions to other issues. 2.7. Joint training of the formations of the Parties is carried out during training, command and staff and operational-tactical exercises. On the basis of mutual agreement, the parties may conduct joint exercises of formations, during which they work out possible actions to resolve (eliminate) the crisis situation. 2.8. In case of occurrence or threat of a crisis situation on any of the sections of the external border of one of the Parties, consultations shall be held immediately at its request or at the request of the other Parties in order to determine a set of measures to ensure a stable situation in these sections. 2.9. Consultations of the Parties are conducted through working meetings of representatives of the competent authorities or in the form of a documentary exchange of information on issues of interest to them. 2.10. The requesting Party and/or other Parties, with the necessary justifications, inform the Parties in writing of their intentions to hold consultations. The appeal (proposal) sets out the list of issues to be discussed, the purpose of the consultations, the composition of the participants and their powers, the form, time and place of the meeting, and the expected duration of the consultations. 2.11. The Parties addressed by the requesting Party and/or other Parties shall provide a reasoned response on the merits of the proposal as soon as possible. The preliminary preparation of draft documents to be discussed during the consultations is carried out by the requesting Party. Consultations are conducted on the territory of the requesting Party. The costs associated with their implementation are borne by the requesting Party. Consultations are conducted on a confidential basis. The decision to transmit information about the consultative meeting and its results to the media or otherwise publish them is agreed upon and accepted by the Parties. 2.12. The decision on the settlement (liquidation) of the crisis situation is made by the heads of the States parties to the Protocol, who approve the mandate and appoint the head (commander) of the group for the direct management of the group. 2.13. The head (commander) of the group, in agreement with the requesting Party, depending on the development and complexity of the crisis situation, determines the structure of the Joint Staff, the numerical composition, tasks and functions of its divisions. The Joint Staff includes representatives of the border and other agencies of the Parties. The working language in the grouping is Russian. 2.14. When planning and implementing measures to resolve (eliminate) a crisis situation, the Joint Staff is obliged to: to develop measures for the settlement (liquidation) of the crisis situation; to clarify a joint plan of interaction, to organize its implementation; to carry out mutual information exchange; to coordinate the activities of the formations of the border and other departments of the Parties involved in the settlement (liquidation) of the crisis situation and to organize close cooperation between them; to organize comprehensive support for measures to resolve (eliminate) the crisis situation; to inform the receiving Party in a timely manner about the measures being taken to resolve (eliminate) the crisis situation; to bring the forces and means of the group ready to act in a crisis situation. 2.15. With the consent of the host Party, the group may conduct command and staff exercises, military exercises, and other operational and combat training activities related to the fulfillment of assigned tasks on its territory within the designated areas (districts) and facilities.
2.16. In the event of a crisis situation, the Parties through the operational (on-duty) services inform about: the date and time (Moscow time) of the crisis situation; the location (section of the border association (connection), region, republic, territory, region, locality) of the crisis situation; the cause of the crisis situation; the area of the crisis situation; forces and means involved in the settlement (liquidation) of the crisis situation. Mutual information is provided on the decisions taken and on the implementation of interaction plans and a report is submitted to the competent authorities of the Parties. 2.17. The receiving Party creates the necessary conditions for the delivery of personnel, equipment, weapons, special means and support materials, for the reception and deployment of the group, as well as providing it free of charge with airfields, bases, railway access roads, transport, postal and other types of communications, food, electricity, water, public utilities and medical services. maintenance to the extent necessary to complete the assigned tasks, provides full cash and settlement services for the group and coordinates the issues of the group's unhindered movement with the Parties. 2.18. The Parties shall ensure unhindered movement through their territories to the destination of the Parties' formations and their cargoes, as well as the priority provision of railway, automobile, sea, river and air transport and transport communications to them on the basis of preliminary requests. Flights of aviation formations of the Parties 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 host 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 formations of the Parties in the waters and their stay in the ports of the host Party is carried out in accordance with international norms and rules, taking into account the prevailing situation, in accordance with the procedure established by the host Party, taking into account the need to fulfill the tasks set. The movement of formations of the grouping to the territory of the receiving Party is carried out on the basis of a special permit from the competent authority of the receiving Party. The movement of a group or its individual formations across the territory of the receiving Party is carried out under the control of the competent authority of the receiving Party. Issues related to the procedure and conditions of transit movement of a group or its individual formations through the territories of States that are not Parties are resolved by the requesting Party with the States through whose territories transit will be carried out. 2.19. 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. In order to increase the effectiveness and efficiency of measures to resolve (eliminate) the crisis situation, the Parties ensure the accelerated implementation of procedures established by national legislation when crossing the state border by formations of the group following the place of settlement (liquidation) of the crisis situation. 2.20. The head of the formation of the group shall present at the checkpoint across the state border of the Party a personal list of personnel, a list of weapons and military equipment, special means and means of logistical support, certified by the competent authority of this Party. When crossing the State borders of the Parties, military personnel of the group's formations must be dressed in the military uniforms of their national formations. In addition to the registration number, military equipment must be equipped with a clearly visible sign indicating its nationality. The personnel of the formation of the group crosses the state border of the receiving Party upon presentation of documents established by the legislation of the sending Party, certifying their identity and belonging to the group. 2.21. The personnel of the formation of a group crossing the state border of a Party and following to the place of settlement (liquidation) of a crisis situation and back, are exempt from customs and other charges when transporting goods intended exclusively for personal use in accordance with the legislation of this Party. Weapons and military equipment, means of logistical support for the formation of a group crossing the state border and following to the place of settlement (liquidation) of a crisis situation and back, are exempt from customs duties and other charges. 2.22. Official documents (correspondence) provided with means of identification of the leadership of the group are not subject to inspection. The courier delivering these documents must have a delivery order confirming his authority and containing information about the number of documents in the form of collateral. The order is certified by authorized persons, information about which is submitted to the border agencies and customs authorities of the Parties.
III. The procedure for completing joint events and resolving disputes
3.1. Measures to resolve (eliminate) a crisis situation are considered completed when a set of agreed urgent organizational and practical measures aimed at localizing, eliminating and stabilizing the crisis situation has been completed. 3.2. The decision on the completion of measures to resolve (eliminate) the crisis situation is made by the host Party in consultation with the requested Parties. The head (commander) of the group issues an appropriate order on the completion of measures to resolve (eliminate) the crisis situation, the abolition of the Joint Staff and informs the competent authorities of the Parties. 3.3. The receiving Party ensures the dispatch of personnel, equipment, weapons, special equipment and support materials for the formations of the group. Unused special equipment and support materials for the formations of the group must be removed after the end of measures to resolve (eliminate) the crisis situation from the territory of the host Country. If, due to special circumstances, it is not possible to remove special means and support materials, the competent authorities of the Parties concerned may transfer them to the receiving Party on the basis of mutual agreement. 3.4. The receiving Party refuses to submit any claims to the sending Party and the leadership of the group regarding compensation for damage caused to individuals or legal entities related to death, bodily injury and disability of an individual, as well as damage caused to its immovable property, natural resources, cultural and historical values, if such damage is caused during the performance of tasks related to the settlement (liquidation) of a crisis situation. 3.5. During the period of temporary stay in the territory of the receiving Party, the Grouping ensures the safety of the immovable property, natural resources, cultural and historical objects used by it. The leadership of the group 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 formations may cause to individuals, movable and immovable property of the host Party in conditions unrelated to the performance of tasks stipulated by the mandate is compensated by agreement between the Parties concerned, and in case of disagreement - in accordance with paragraph 3.7 of these Regulations. The procedure for reimbursement of expenses incurred by the requested Parties that formed the grouping, including expenses related to the loss, complete or partial destruction of imported special equipment and support materials, is established by agreement between the Parties concerned. 3.6. If one of the Parties considers the damage caused by the actions of the formations that were part of the grouping not adequate to the tasks set by the governing body, the disagreements that have arisen shall be resolved by the interested Parties in accordance with clause 3.7. 3.7. Disputes arising from the application or interpretation of this Regulation are resolved through consultations and negotiations between the Parties concerned. To resolve disputed issues, a conciliation commission is created, which includes representatives of each of the Parties and representatives of the leadership of the group. The Conciliation Commission acts within the limits of the powers defined by the Parties. All disputes that cannot be resolved through direct negotiations and a conciliation commission are referred to the heads of the States parties to the Protocol.
IV. Grouping status
4.1. The personnel of the group adheres to generally recognized principles and norms of international law, international treaties, as well as the legislation of the host Country. 4.2. When carrying out measures to resolve (eliminate) a crisis situation, the receiving Party pays compensation to the personnel of the group and reimburses their family members for expenses related to injury, injury or death, in accordance with the procedure and amounts provided for by its legislation. At the same time, the group's personnel and their family members retain the benefits, guarantees and compensations established by the legislation of the sending Parties that formed the group. 4.3. Each Side respects the legal status of the group's personnel and ensures their full civil rights and freedoms in accordance with generally recognized principles and norms of 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 head (commander) of the group, to ensure safety and protection. the group's personnel, weapons, military equipment and logistical means, documentation and official information of the formations, including measures to prevent and suppress any illegal acts against them. 4.4. In matters of jurisdiction related to the temporary stay of the group on the territory of the host Country, the Parties will be guided by the following principles: the personnel of the group are exempt from the jurisdiction of the host Party with respect to actions (inaction) committed in the performance of their official duties, within the framework of the Agreement on Cooperation of the Border Troops of the Member States of the Commonwealth of Independent States in the event of Crisis Situations in External Territories. dated May 17, 1996; The immunity of the group's personnel from the jurisdiction of the receiving Party does not exempt them from the jurisdiction of the sending Party.
Reservation of the Republic of Belarus
on item 4 of the agenda of the meeting of the Council of Heads of State of the Commonwealth of Independent States
On the Protocol approving the Regulations on the Organization of Cooperation between Border Guards and Other Agencies of the Member States of the Commonwealth of Independent States in providing assistance in the Event of and settlement (Liquidation) of crisis Situations at the External Borders.
October 5, 2007, Dushanbe
To the Protocol on Approval of the Regulations on the Organization of Cooperation between Border Guards and Other Agencies of the Member States of the Commonwealth of Independent States in providing Assistance in the Event of and Settlement (Liquidation) of Crisis Situations at the External Borders to the Agreement on Social and Legal Guarantees for Personnel of Collective Peacekeeping Forces in the Commonwealth of Independent States.
"The Republic of Belarus does not send border guards and other military formations outside its territory to areas of crisis situations"
President of the Republic of Belarus Alexander Lukashenko
I hereby certify that the attached text is an authentic copy of the Protocol approving the Regulations on the Organization of Cooperation between Border Guards and Other Agencies of the Member States of the Commonwealth of Independent States in Providing Assistance in the Event of and Settlement (Liquidation) of Crisis Situations at the External Borders, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on October 5, 2007 in the city of Dushanbe. The original copy of the above-mentioned Protocol is kept in the Executive Committee of the Commonwealth of Independent States.
First Deputy Chairman Executive Committee - Executive Secretary of the CIS V. Garkun
President
Republic of Kazakhstan
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