Law of the Republic of Kazakhstan on accession to the International Convention on Combating bomb terrorism

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Law of the Republic of Kazakhstan dated July 4, 2002 No. 334-II.

To accede the Republic of Kazakhstan to the International Convention on the fight against bomb terrorism, concluded in New York on January 12, 1998.

President Of The Republic Of Kazakhstan

International Convention on the fight against bomb terrorism

(Entered into force on December 6, 2002-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The states parties to this convention, taking into account the goals and principles of the Charter of the United Nations concerning the maintenance of international peace and security among states and the development of good-neighborliness and friendly relations and cooperation, are deeply concerned about the spread of acts of terrorism in the world in all forms and manifestations, based on the Declaration of October 24, 1995, in connection with the fiftieth anniversary of the United Nations, also in Annex to General Assembly resolution 49/60 of December 9, 1994 - the declaration on measures to eradicate international terrorism, in particular, "solemnly affirms that the member countries of the United Nations unconditionally condemn as a crime and are not subject to justification all acts, methods and practices of terrorism that pose a threat to friendly relations between states and peoples and the territorial integrity and security of the state, wherever, - noting that the Declaration proposes that states "urgently conduct a review in the field of application of the current international legal provisions on the prevention, suppression and elimination of all forms and manifestations of terrorism in order to ensure the existence of a legal framework that includes all aspects of this issue", further based on resolution 51/210 of the General Assembly of 17 December 1996 and the Declaration, also noting that terrorist attacks using explosive or other killing devices have a wide scope, considering that these attacks are not adequately considered in the current multilateral rules of international law, convinced of the urgent need to strengthen international cooperation between states in the development and adoption of effective, practical measures to prevent such acts of terrorism and criminal prosecution and punishment of the perpetrators, considering that such acts are a matter of great concern to the entire international community, the actions of the military structures of the state are governed by the norms of international law outside the scope of this convention, and noting that the exclusion of certain actions from the scope of this convention does not exempt from liability for illegal acts of other relations, does not legalize them and does not prevent them from bringing to justice on the basis of other laws:

Article 1

For the purpose of this convention: 1. "state or government object" means any permanent or temporary object or vehicle used, located by representatives of the state, members of the government, representatives of a legal or judicial body, or officials or employees of a state authority or other state body or institution, or employees or officials of an intergovernmental organization in connection with the performance of their official duties. 2. "Infrastructure object" means any object owned by the state or private, which provides or distributes such services as water supply, water supply, energy, fuel supply or communications in the interests of the population. 3." explosive or other destructive device"; (a) explosive or incendiary weapons or devices that cause death, severe damage or significant material damage; (b) a weapon or device designed or capable of causing death, severe damage or significant material damage by releasing, sowing or exposure to toxic chemicals, biological agents, toxins or similar substances, radiation or radioactive materials. 4. "Armed forces of the state" means, first of all, its armed forces, organized, trained, equipped in accordance with the internal laws of the state for the performance of National Defense or security tasks, and persons who are under the official Management, Control and responsibility of them and act in support of the Armed Forces. 5. "Places of public use" refers to any part of a building, land plot, Street, waterway or other place that is permanently, periodically or occasionally permitted or open to the public and includes any commercial, business, cultural, historical, educational, cult, State, entertainment, leisure or similar objects suitable or open to the public. 6. The "public transport system" refers to all objects, vehicles and auxiliary elements-whether public or private - that are used for the purposes of providing public services for the transportation of people or goods.

Article 2

1. if any person illegally and intentionally delivers, places, acts or detonates an explosive or other killing device within the limits of places of public use, a state or government object, an object of the public transport system or an object of infrastructure, then under the content of this convention he is considered to have committed a crime, which means against them: A) with the intent to cause death or; or B) the intention to carry out significant destruction of such places, objects or systems, if such destruction causes or may cause major economic damage. 2.also, if any person tries to commit any of the crimes mentioned in Paragraph 1, then he or she has committed a crime. 3. also any person: a) participates as a participant in the commission of any of the crimes referred to in Paragraph 1 or 2; or B) organizes or directs other persons for the purpose of committing any of the crimes referred to in Paragraph 1 or 2; (c) a group of persons acting for a common purpose by any other means may have committed one or more crimes referred to in Paragraph 1 or 2; such assistance must be provided intentionally or in support of the general nature of the criminal act or with a thorough understanding of the group's intentions in committing the relevant crimes.

Article 3

If a crime is committed in one state, the alleged perpetrator and victims are citizens of that state, this convention shall not apply if the alleged perpetrator is found in the territory of that state, and there is no justification for another state to exercise its legal powers in accordance with Article 6, paragraph 1, or Article 6, paragraph 2, of this convention, which does not exclude the application of the provisions of Article 10-15 in the relevant circumstances.

Article 4

Each state party shall: (a) recognize the actions referred to in Article 2 of this convention as crimes in accordance with its internal laws; (B) take measures as necessary to establish appropriate penalties for these crimes, given their serious nature.

Article 5

Each state party shall, under appropriate circumstances, take measures in the field of domestic law that may be necessary in relation to the actions of this convention, in particular, to ensure that criminal cases aimed or intended to cause a terrorist situation among the population, groups of persons or specific persons are not justified in any way and punished according to its severity in any political, philosophical, ideological, racial, ethnic, religious or other similar concepts.

Article 6

1.each state party shall take measures that may be necessary to establish legal authority in respect of the crimes referred to in Article 2: A) the crime is committed on the territory of that state; or B) the crime is committed on board a vessel or aircraft sailing under the flag of that state, registered in accordance with the laws of that state at the time of the crime; or c) the crime is committed by a citizen of that state. 2. the state party shall also: a) if the crime is committed against a citizen of that state; or B) the crime is committed against state or government facilities, including the embassy or other diplomatic, consular missions of that state abroad; or C) the crime is committed by a stateless person, usually residing in the territory of that state; or e) the crime is committed in an attempt to force or refrain from any action of that state; or e) the crime 3. At the time of ratification, adoption, ratification or accession to this convention, each state party shall inform the secretary-general of the United Nations that it has established its legal powers in accordance with paragraph 2 on the basis of its domestic laws. In case of any relevant changes, the relevant state party shall notify the Secretary-General of this. 4. Each state party shall take measures that may be necessary to establish its legal authority in relation to the crimes referred to in Article 2, provided that the alleged perpetrator is in its territory, and it shall not transfer the perpetrator to any state party that has established its legal authority in accordance with paragraphs 1 and 2. 5.this convention does not exclude the exercise of criminal legal powers established in accordance with the internal laws of the state party.

Article 7

1.a state party shall, upon receipt of information on the possibility of a person on its territory who has committed or allegedly committed the crime referred to in Article 2, take measures that may be necessary in accordance with its national laws to verify the facts referred to in this information. 2.a state party in whose territory there is a criminal or alleged criminal shall, after making sure that the situation requires it, take appropriate measures to ensure its participation for the purposes of criminal prosecution or transfer in accordance with its internal laws. 3. In respect of any person, the measures referred to in Paragraph 2 are applied: a) to contact without delay with the nearest relevant representative of the state, who is a citizen of a particular country or has the right to protect this person, if he is a stateless person, with a representative of that state in the territory of his usual residence; B) to stay with his representative in this state; C) to be aware of his rights in accordance with subparagraphs A and B. 4. The rights referred to in paragraph 3 shall be exercised in accordance with the laws of the state in whose territory the perpetrator or alleged perpetrator is present, and the laws referred to shall ensure the full achievement of the objectives of the rights granted in accordance with paragraph 3. 5.the provisions of paragraphs 3 and 4 do not infringe on the rights of each state party claiming legal authority in accordance with subparagraphs 1B or 2B of Article 6, asking the International Committee of the Red Cross to contact or visit the alleged perpetrator. 6. After the arrest of a person in accordance with this article, a state party must inform, directly or through the secretary-general of the United Nations, the states parties that have established their legal powers in accordance with Articles 6, paragraphs 1 and 2, and, if deemed appropriate, any other interested states parties about the fact of detention of this person and the circumstances of the reason for his detention. The state conducting the audit provided for in Paragraph 1 shall promptly report its findings to the states parties concerned and inform them of its intention to exercise its legal powers.

Article 8

1.if a state party to the territory of which Article 6 applies does not provide it, it is obliged to transfer the case to its competent body for the purposes of criminal prosecution by conducting an investigation in accordance with its laws without notice and without delay, regardless of whether the crime was committed on its territory or not. These bodies, in accordance with the laws of the same state, make decisions in accordance with any other crimes of a serious nature. 2. In all cases, the internal laws of a state party allow the transfer or transfer of one of its citizens to another state only on the condition of serving a sentence issued as a result of judicial review or considering a case in a court where the transfer or transfer of this person is requested, this state and the state approving the transfer of this person agree with this option and other conditions deemed appropriate, such a pre-agreed transfer or transfer will be sufficient to fulfill the duties referred to in Paragraph 1.

Article 9

1.the crimes referred to in Article 2 shall be considered as transferable crimes subject to inclusion in any transfer agreement concluded between any states parties prior to the entry into force of this convention. States Parties undertake to include such crimes as transferable crimes in all subsequent mutual transfer agreements. 2. In the case of sending a request for transfer to another state party that does not have a contract for transfer to a state party that has linked the transfer to the existence of a contract, it may be guided by this convention as a legal basis for transfer related to the crimes referred to in Article 2. The transfer is carried out in compliance with other conditions stipulated by the laws of the state to which the request was sent. 3. States Parties that do not associate the transfer with the existence of a contract shall consider the crimes referred to in Article 2 as crimes committed in compliance with the conditions provided for by the laws of the sending state of the request in their relationship. 4.if necessary, the crimes referred to in Article 2 shall be considered by the states parties as crimes committed not only in a specific place for transfer purposes, but also on the territory of the states that have established their legal powers in accordance with paragraphs 1 and 2 of Article 6. 5. The provisions of all transfer agreements and agreements between states parties related to the crimes referred to in Article 2 shall be deemed to have been amended in relation to whether or not they comply with this convention in relations between states parties.

Article 10

1. States Parties shall provide each other with maximum assistance in connection with the initiated verification, criminal prosecution or transfer procedures for the crimes referred to in Article 2, as well as in order to provide the evidence they have necessary for verification. 2. States Parties shall perform their duties under Paragraph 1 in accordance with any agreements or other agreements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements, States Parties shall provide assistance to each other in accordance with their internal laws.

Article 11

None of the crimes mentioned in Article 2 shall be considered for the purposes of transfer or mutual legal assistance as a political crime or a crime related to a political crime or a crime caused by a political cause. In accordance with this, an application for transfer or mutual legal assistance in connection with such a crime must be accepted because it is a political crime or a crime related to a political crime or a crime caused by a political cause.

Article 12

If the request of the sending state for transfer in connection with the crimes referred to in Article 2 or for mutual legal assistance in respect of such crimes for the purpose of judicial prosecution or punishment of persons for reasons of their race, religious beliefs, citizenship, ethnicity, political beliefs, or satisfaction of this request causes damage to the condition of this person for one of the reasons stated, then the statement in this convention should not be interpreted as an obligation to provide any person or provide mutual assistance.

Article 13

1.the presence of a person in custody or serving a term in custody in one state party in another state party may be granted in accordance with this convention for the purposes of providing explanations, identification or other assistance in obtaining evidence for verification or criminal prosecution related to crimes, subject to the following conditions: (a) the person gives his / her free consent on the basis of detailed information; (B) the competent authorities of the two states reach an agreement that they deem acceptable. 2. For the purposes of this article: (A) the receiving state of the person shall have the right and duty to keep the transferred person under guard, unless otherwise required by the transferring state; (B) the receiving state of the person shall, by prior agreement or by agreement of the competent authorities of both states, perform its duties without delay after the return of this person to the; E) the term of detention of a person in another state for the period of serving his sentence in one state is also taken into account. 3.in accordance with this article, a person subject to transfer regardless of nationality is not subject to prosecution or detention without the consent of the state party, and his freedom in the territory of the receiving state should not be restricted in connection with actions in the territory of the state that transferred him prior to his departure, or in connection with a sentence issued against him.

Article 14

Any person who has been arrested or in respect of whom any measures have been taken, or whose inspection has been carried out in accordance with this convention, is guaranteed to be treated with Justice, including the use of the human rights clause in the laws of the state in whose territory this person is located and the applicable rules of international law.

Article 15

States Parties shall take the following measures to prevent the crimes referred to in Article 2, namely: (a) take all possible measures, where necessary, legal measures to prevent and counteract the preparation of such crimes within or outside their territories, including measures to curb the illegal actions of persons, groups and organizations that encourage, organize, intentionally fund, incite, or participate in the commission of crimes referred to in Article 2 in their territories; B) exchange of accurate and verified information in accordance with its national laws and coordinate the administration and other measures to be applied necessary to prevent the commission of crimes referred to in Article 2; (c) carry out research and development related to methods of detection of explosive and other hazardous substances that cause death or damage if deemed appropriate, develop standards for labeling explosives in order to determine their origin during post-explosion inspection, conduct consultations on warning measures, cooperation and exchange of information on the transfer of technologies, equipment and relevant materials.

Article 16

A state party whose alleged perpetrator has been prosecuted shall notify the secretary-general of the United Nations in accordance with its domestic laws or applicable procedures on the final results of the review, which shall transmit this information to other states parties.

Article 17

States parties fulfill their obligations under this convention to the extent that they are able to respond to the principles of sovereign equality and territorial integrity of states, as well as to the principles of non-interference in the internal affairs of other states.

Article 18

The provisions of this Convention do not grant a state party the right to exercise in the territory of another state party legal powers and functions that fall only within the competence of the authorities therein in accordance with its internal laws.

Article 19

1.What is stated in this convention shall not affect other rights, obligations and obligations of states and persons in accordance with international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law. 2.the actions of the armed forces in an armed conflict, understood in international humanitarian law, regulated by this right, are not regulated by this convention, since the actions used by the Armed Forces of the state for the purpose of exercising official functions are regulated by it by other international legal norms.

Article 20

1.any dispute between two or more states parties relating to the interpretation or application of this convention that is not regulated by negotiation within a certain period shall be referred to the arbitration court at the request of one of them. If, within six months from the date of filing an application in the arbitration court, the parties cannot agree on its decision, then whichever of the parties may file an application in accordance with the statute of the court and transfer the dispute to the International Court. 2. Each state, when signing, adopting, ratifying, approving or joining this convention, may declare that it does not consider itself bound by the provisions of Paragraph 1. Other states parties shall not be bound by the provisions of Paragraph 1 with respect to any state party that has made such a reservation. 3.any state that has made a reservation in accordance with paragraph 2 may withdraw this reservation at any time by notifying the Secretary-General of the United Nations.

Article 21

1.this convention is open for signature by all states at the central institutions of the United Nations in New York from January 12, 1998 to December 31, 1999. 2.this convention shall be subject to ratification, acceptance and ratification. Certificates of approval or acceptance or approval are deposited with the secretary-general of the United Nations. 3.this convention is open to accession by any state. Accession documents are deposited with the secretary-general of the United Nations.

Article 22

1.this convention shall enter into force on the thirtieth day after the submission to the secretary-general of the United Nations of twenty-two instruments of ratification or instruments of acceptance, ratification or accession. 2.for each state ratifying, accepting or approving this convention after depositing twenty-two certificates of ratification or documents of acceptance, ratification or accession, the Convention shall enter into force on the thirtieth day after that state has deposited its certificate of ratification or documents of acceptance, ratification or accession.

Article 23

1.any state party may terminate this convention by notifying the secretary-general of the United Nations in writing. 2.termination of the agreement shall enter into force upon the expiration of one year from the date of receipt of notification by the Secretary-General of the United Nations.

Article 24

The original of this convention, the text of which is in English, Arabic, Spanish, Chinese, Russian and French, is equally original, submitted for storage to the secretary-general of the United Nations, who distributes certified copies of this convention to all states. To certify this, the signatories below, duly authorized by their governments, signed this convention, which was opened for signing in New York on January 12, 1998.

Specialists:

Kasymbekov B. A.

A. Ikebayeva

President

Republic of Kazakhstan

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