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On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders

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

On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 1-II

         To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders, signed in Moscow on October 21, 1994.  

    President of the Republic of Kazakhstan    

 

                               Agreement between the Republic of Kazakhstan and the Russian Federation                                          By the Federation on Cooperation in the Protection of External Borders

          The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as  The Parties, guided by the Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Kazakhstan and the Russian Federation dated May 25, 1992, and the Memorandum of Cooperation on the Protection of External State Borders dated December 24, 1993, recognizing the need to combine efforts and coordinate actions to ensure the security of the Republic of Kazakhstan and the Russian Federation on their external borders, agreed as follows:                                                              

 

Article 1 For the purposes of this Treaty, the following terms mean: "External Borders" - the state borders of the Republic of Kazakhstan and the Russian Federation with third countries that are not member States of the Commonwealth oArticle 1 For the purposes of this Treaty, the following terms mean: "External Borders" - the state borders of the Republic of Kazakhstan and the Russian Federation with third countries re not member States of the Commonwealth of Independent States;           "Military personnel of the Border Troops of the Republic of Kazakhstan" - officers, warrant officers (midshipmen) who served in the Russian Federation at the time "Military personnel of the Border Troops of the Republic of Kazakhstan" - officers, warrant officers (midshipmen) who served in the Russian Federation at the time of the creation of the Border Troops of the Russian Federation ("June 12, 1992), who took citizenship of the Republic of Kazakhstan and before the signing of this agreement  Contracts for military service under contract in the Border Troops of the Russian Federation;           "Military personnel of the Border Troops of the Russian Federation" - officers, warrant officers (midshipmen) - citizens of the Russian Federation who, on the basis of part two of Artic"Military personnel of the Border Troops of the Russian Federation" - officers, warrant officers (midshipmen) - citizens of the Russian Federation who, on the basis of part two of Article 2 of the Law of the Russian Federation "On the Status of Military Personnel", perform military service under contract in the Border Troops of the Republic of Kazakhstan, at the Military Institute of the National Security Committee of the Republic of Kazakhstan; "Military personnel of the border troops" - military personnel Border Troops of the Republic of Kazakhstan and military personnel of the Border Troops of the Russian Federation;           "Family members of border troops servicemen" - spouses and children of border troops servicemen, as well as other relatives living with them and dependent on them.                                                              

 

Article 2            Given the openness of the state border between the ReArticle 2            Given the openness of the state border between the Republic of Kazakhstan and the Russian Federation, the Parties confirm that ensuring security at the external borders is their common concern and will be carried out through coordinated efforts, taking into account mutual interests.                                                              

 

Article 3            In cases of destabilization or threat of destabilization of the situation on any of the sections of the external borders, the Parties immediately consult and take measures (if necessary, jointly) to ensure a stable situation in these areas.                                                              

 

Article 4            The Parties will implement coordinated measures at the external borders to curb terrorist acts, the illegal movement of weapons, drugs and other contraband items, illegal entry into and exit from the territory of the Republic of Kazakhstan ancle 4            The Parties will implement coordinated measures at the external borders to curb terrorist acts, the illegal movement of weapons, drugs and other contraband items, illegal entry into and exit from the territory of the Republic of Kazakhstan and the Russian Federation, as well as other types of crimes, the fight against which falls within the competence of the border troops.                                                              Article 5            In order to implement the provisions of this Agreement, the Parties create  Advisory and Control Council (CCB). The Advisory and Control Council acts in accordance with the Regulations (appendix).                                                              

 

Article 6            The Border Troops of the Republic of Kazakhstan and the Border Troops  In accordance with a separate protocol of the Russian Federation, they constantly exchange information on the situation at the external borders, at checkpoints and in other areas of activity of the border troArticle 6            The Border Troops of the Republic of Kazakhstan and the Border Troops  In accordance with a separate protocol of the Russian Federation, they constantly exchange information on the situation at the external borders, at checkpoints and in other areas of activity of the border troops of mutual interest.           The procedure for using archival materials of the border troops   The Parties are determined by a separate protocol.                                                              

 

Article 7            Cooperation between the Border Troops of the Republic of Kazakhstan and the Border Troops of the Russian Federation in operational search, intelligence and counterintelligence activities in the interests of protecting external borders is carried out in accordance with a separate protocol.                                                              

 

Article 8            The parties will provide each other withArticle 8            The parties will provide each other with the necessary assistance in training officers and junior specialists for the border troops in accordance with a separate Agreement.                                                              

 

Article 9            Provision of the border troops of the Parties with logistical means not produced on their territories is carried out in accordance with a separate Agreement.                                                              

 

Article 10            Border guard troops and their family members observe  The Constitution and legislation of the host State. They are guaranteed security, legal and social protection.                                                              

 

Article 11            Military personnel of the border troops perform military seArticle 11            Military personnel of the border troops perform military service in accordance with the legislation of the host State. They retain the legal status of the military personnel of the Republic, respectively.  Kazakhstan and the Russian Federation for the entire period of validity of this Agreement.  The agreement.                                                              

 

Article 12            The Parties guarantee the servicemen of the border troops and their family members the right to choose their citizenship. Related legal procedures are carried out in accordance with the procedure established by the legislation of the Parties.                                                              

 

Article 13            Military personnel of the border troops of one Party may serve iArticle 13            Military personnel of the border troops of one Party may serve in the border troops of the other Party under the conditions specified in this Agreement.           For military personnel to serve in the border troops  Of the Party of which he is not a citizen, the serviceman enters into a contract with the relevant management body in accordance with the procedure established in the host State.           If border troops refuse to sign a contract, they are transferred to the Border Troops of the Republic of Kazakhstan or to the Border Troops of the Russian Federation, or they are discharged from military service.                                                              

 

Article 14            The Parties shall guarantee the servicemen of the border troops and their family members, upon their return to the territory of the State of citizenship, the full range of legal and social guarantees provided for by the legislation of the relevant Party.                                                              

 

Article 15            The Parties shall ensure that border troops and their family members cross the state border between the Republic of Kazakhst5            The Parties shall ensure that border troops and their family members cross the state border between the Republic of Kazakhstan and the Russian Federation on a visa-free basis, without issuing foreign passports and permits, upon presentation of identity cards (military tickets, passports) and travel documents (vacation tickets, prescriptions), and their minor children - according to records in the relevant documents of military personnel and their family members. Military personnel and members of their families, when leaving for a new place of service or permanent residence, transport property belonging to them as personal property across the state border between the Republic of Kazakhstan and the Russian Federation without levying duties, taxes and other fees.                                                              

 

Article 16            Military personnel of the border troops of one Party arriving for military service on the territory of the other Party are provided with living quarters in accordance with the legislation of the host country.       Military personnel of the border troops of one Party arriving for military service on the territory of the other Party are provided with living quarters in accordance with the legislation of the host country.           Persons

Article 17 Military personnel of the border troops and their family members retain ownership of their property in accordance with the law.  The Parties have real estate (residential buildings, apartments, cottages, garages, etc.).                                                              

 

Article 18            Pension provision for border troops discharged from military service is carried out in accordance with pension legislation.  The party chosen for permanent residence. At the same time, the pension is calculated taking into account the length of service in the Armed Forces and Border Troops of the former USSR and the length of service in the border troops.  The Parties, including the contract.           Medical, sanatorium and resort services, as well as the payment of compensations, allowances and benefits to pensioners from among the border troops and their family members who have chosen the territory of the Republic of Kazakhstan or the Russian Federation as their place of permanent residence, are carried out by the Party chosen for permanent residence.                                                              

 

Article 19            The Parties carry out compulsory state insurance of border troops in accordance with the legislation.  Sides'.                                                              

 

Article 20            The Parties recognize the validity of the military ranks of the border troops, including those assigned to them prior to the signing of this agreement.  Contracts, as well as the validity of state awards.                                                              

 

Article 21            Military personnel of the border troops wear military uniforms of the established pattern and have the right to carry, store and use weapons in accordance with the procedure established in the host State.           The state bodies of the Parties recognize as valid (without testing or payment) documents certifying identity, education, specialty, the right to drive vehicles, and the right to benefits.                                                              

 

Article 22            In cases of crimes and other offenses committed by border troops and their family members on the territory of the receiving State, the legislation of that State is applied.                                                              

 

Article 23            Each of the Parties provides border troops, when traveling to the territory of the other Party, with the exchange of the appropriate national currency at the official exchange rate of the national banks of the Parties: on a business trip - according to approved standards; for vacation and treatment - in the amount of five salaries of monetary allowances and compensation for sanatorium treatment according to the standards provided for by the legislation of the Parties.                                                              

 

Article 24 In order to ensure the activities of the border troops in the interests of protecting the external borders, each Party grants the aircraft of the border troops of the other Party the right to use the airspace, airports, airfields (landing sites), receive navigation, meteorological and other information, and ensure flights free of charge.            Aircraft maintenance and refueling is carried out for a fee through mutual settlements between the Parties.           The Parties will not take actions that lead to disruption or difficulty in normal flight control.                                                              

 

Article 25 The protection of the interests of the Parties in the Caspian Sea will be carried out by joint coordinated efforts on the basis of separate agreements.                                                             

 

Article 26            The Parties will take measures to coordinate and bring together their legislative and regulatory acts regulating the protection of their state borders and the procedure for crossing them. If necessary, they will make appropriate changes and additions to their legislation.           The parties will exchange legislative and other open regulatory acts related to border issues within two months.  The subsequent exchange of such acts will be carried out within one month from the date of their entry into force.                                                              

 

Article 27 This Treaty is not directed against third States and does not affect the rights and obligations of the parties arising from other international treaties to which they are parties.                                                              

 

Article 28            The Parties will not allow the use of their territories by a third State for the purpose of carrying out activities directed against the other Party.                                                              

 

Article 29 For the specific implementation of measures to comply with the provisions of this Treaty, the Parties shall entrust the Commander of the Border Troops of the Republic of Kazakhstan and the Commander-in-Chief  The border troops of the Russian Federation, by mutual agreement, to conclude relevant agreements and protocols.                                                              

 

Article 30            Amendments and additions may be made to this Agreement by mutual agreement of the Parties.           All disputes arising during the performance of this Agreement will be resolved by the Parties through mutual consultations and negotiations.                                                              

 

Article 31 This Treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification.           The contract is concluded for a period of 10 years. Its validity will be automatically extended for subsequent ten-year periods, unless either Party declares, by written notification, its desire to terminate its validity at least six months before the expiration of each such ten-year period.           This Agreement is temporarily applied from the date of its signing.                                                              

 

Article 32            Upon entry into force of this Agreement, it shall terminate  Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation and Cooperation on Border Issues dated February 25, 1993.           Done in Moscow on October 21, 1994, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.  

                                                Annex to the Agreement between the Republic of                                             Kazakhstan and the Russian Federation on cooperation in the protection of external borders  

                                                           Regulations on the Advisory and Control Council                                                              

 

Article 1            The Consultative and Control Council (CCB) is established to coordinate the activities and implement the provisions of the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders.           The Advisory and Control Council is guided by these Regulations in its activities.                                                              

 

Article 2            The Advisory and Control Council consists of: the Commander of the Border Troops of the Republic of Kazakhstan, the Commander-in-Chief of the Border Troops of the Russian Federation, their deputies, as well as, by their decision, other representatives of the border troops of the parties.                                                              

 

Article 3            The Advisory and Control Council, if necessary, creates working (expert, control) groups consisting of specialists to consider issues of cooperation and develop proposals for consideration at the meetings of the CCC.                                                              

 

Article 4            The main functions of the Advisory and Control Council are to ensure, within the limits of its powers, the implementation of the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of external Borders; coordination of measures to improve the effectiveness of external border protection; coordination of management decisions related to the implementation of the guidelines of the leadership of the Parties on the protection of external borders; identification of current and future needs for the relocation of officers personnel of the border troops of the Parties;           organization of information exchange on border protection issues of mutual interest; organization of interaction between the border troops of the Parties in the event of destabilization or threat of destabilization of the situation on the external borders; development and implementation of proposals for the convergence of the legislative and regulatory framework in the field of activities of the border troops of the Parties; resolution of issues related to the training of military personnel in military educational institutions of the border troops of the Parties; coordination of the supply of material and technical means to the border troops of the Parties.           The CCC may also consider other issues related to the protection of the external borders and the activities of the border troops of the Parties.                                                             

 

Article 5            The main forms of work of the CCC are meetings, meetings, consultations, etc., which are held as necessary, by agreement of the heads of the border troops of the Parties.           Decisions of the CCC are made on the basis of consensus and are formalized by protocols.           The working language of the CCU is Russian.                                                              

 

Article 6  

This Regulation is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders, enters into force and terminates on the terms provided for in this Agreement.      Amendments and additions may be made to these Regulations by mutual agreement.                                    

 

 *    *    *                

 

 

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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