On the ratification of the Treaty between the Republic of Kazakhstan and the Russian Federation on Joint Efforts in the Protection of External Borders

Home / RLA / On the ratification of the Treaty between the Republic of Kazakhstan and the Russian Federation on Joint Efforts in the Protection of External Borders

Law of the Republic of Kazakhstan dated December 30, 1999 No. 2-II

To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts in the Protection of External Borders, signed in Almaty on June 30, 1995. President of the Republic of Kazakhstan Agreement between the Republic of Kazakhstan and the Russian Federation The Russian Federation on joint efforts in the protection of the external borders of the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as The Parties, in order to implement the Memorandum of Cooperation on the Protection of External Borders dated December 24, 1993.,

Based on the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation in the Protection of External Borders dated October 21, 1994 and the Declaration on the Expansion and Deepening of Kazakh-Russian Cooperation dated January 20, 1995, we have agreed as follows:

Article 1 For the purposes of this Treaty, the term "external borders" means sections of the state borders of the Republic of Kazakhstan and the Russian Federation with States outside the Commonwealth of Independent States.

Article 2 The protection of the external borders is carried out by the Border Troops of the Republic Kazakhstan and the Border Troops of the Russian Federation in cooperation.

Article 3 The Parties will take measures to harmonize their legislative and other regulatory acts regulating the protection of external borders and the procedure for crossing them. The Parties will exchange legislative and other regulatory acts related to border issues within 2 months from the date of signing this Agreement. The subsequent exchange of legislative and other regulatory acts on the above issues will be carried out after their entry into force.

Article 4 To coordinate the joint efforts of the Republic's Border Troops Kazakhstan and the Border Troops of the Russian Federation in the protection of external borders and the implementation of a coordinated border policy, the Parties create The Coordinating Council. The Coordinating Council carries out its activities on the basis of Its provisions (Appendix No. 1).

Article 5 In order to implement agreed decisions and ensure practical cooperation between the border troops of the Parties in the protection of external borders, the following structures are being created: The Operational Group of the Border Troops of the Republic of Kazakhstan in the Russian Federation and the Operational Group of the Border Troops of the Russian Federation in the Republic of Kazakhstan, numbering up to 120 military personnel each, including the interaction of border services in the Caspian Sea. The structure and procedure for the recruitment of operational groups are specified by the heads of the border agencies of the Parties, and a separate protocol is drawn up on this. A separate protocol is being drawn up on issues of special information interaction between the border troops of the Parties. Operational groups carry out their activities in accordance with the regulations on them (appendices No. 2, No. 3). The procedure for financing operational groups is determined by protocols (Appendices No. 4, No. 5).

Article 6 Military personnel of the Operational Group of the Republic's Border Troops Kazakhstan and the Operational Groups of the Border Troops of the Russian Federation are not involved in carrying out tasks not stipulated by the provisions on operational groups, with the exception of eliminating the consequences of natural disasters and catastrophes.

Article 7 Military personnel of the Operational Group of the Republic's Border Troops Kazakhstan and the Operational Group of the Border Troops of the Russian Federation, as well as their family members, are fully subject to the laws and regulations of the Republic of Kazakhstan and the Russian Federation, respectively, defining the status of military personnel. They retain the benefits and advantages established for military personnel of the Republic, respectively. Kazakhstan and the Russian Federation.

Article 8 Military personnel of the Operational Group of the Republic's Border Troops Kazakhstan and the Operational Groups of the Border Troops of the Russian Federation, as well as their family members, comply with the Constitution of the host state, its legislation, and respect the national traditions and customs of the peoples of Kazakhstan and Russia. Military personnel of the Operational Group of the Republic's Border Troops Kazakhstan and the Operational Group of the Border Troops of the Russian Federation, as well as their family members, are guaranteed security, legal and social protection.

Article 9 The Kazakh Side provides for the use of the Operational Group Of the Border Troops of the Russian Federation, office and residential premises, postal, telegraph, telephone and radio communications facilities. The Russian Side provides for the use of the Operational Group Of the Border Troops of the Republic of Kazakhstan, office and residential premises, postal, telegraph, telephone and radio communications facilities. Residential premises are provided on the basis of reciprocity.

Article 10 The Parties shall exercise their jurisdiction: a) in respect of military personnel of their operational group and their family members, with the exception of ordinary crimes committed against citizens of the Receiving Party; b) in cases of military crimes and offenses committed by military personnel of operational groups in connection with the performance of military service duties. When considering cases falling under the jurisdiction of the Parties, the legislation of the relevant Party and its competent authorities shall apply. In other cases, the jurisdiction of the Receiving Party is exercised, its legislation is applied and its competent authorities operate.

Article 11 The Parties shall assist each other in the logistical support of the border troops, as well as in the development, placement of orders, manufacture, implementation and repair of weapons, equipment and equipment used in the protection of external borders, on terms determined annually by the relevant protocol.

Article 12 The Border Troops of the Republic of Kazakhstan and the Border Troops In accordance with a separate protocol, the Russian Federation will carry out a timely and coordinated exchange of information on the situation on the state borders of the Parties, as well as on other issues related to the protection of the state border and of mutual interest. The exchange of this information will be carried out free of charge. The procedure for using archival materials of the border troops of the Parties will be determined by the relevant protocol.

Article 13 Cooperation between the Border Troops of the Republic of Kazakhstan and the Border Troops of the Russian Federation in operational search activities in the interests of protecting external borders is carried out in accordance with a separate protocol.

Article 14 To ensure the activities of aviation of the Republic's Border Troops The Parties to the Agreement between Kazakhstan and the Border Troops of the Russian Federation grant aircraft the right to use their airspace, airports, airfields (landing sites), and to receive navigation, meteorological, and other information free of charge. Provision of aircraft and helicopter flights in the airspace The activities of the Republic of Kazakhstan and the Russian Federation are carried out in accordance with the legislation of the Parties and in compliance with the established rules. Aircraft maintenance and refueling are carried out for a fee through mutual settlements between the border agencies of the Parties.

Article 15 The Parties provide training for personnel, including junior specialists, in accordance with a separate protocol.

Article 16 The parties cooperate in resolving issues related to the transfer of military personnel for further military service from the Border Troops of the Republic of Kazakhstan to the Border Troops of the Russian Federation, and vice versa. The Parties do not allow restrictions on the rights, freedoms and legitimate interests of their military personnel who have declared their desire to transfer from the Border Troops of the Republic of Kazakhstan to the Border Troops of the Russian Federation, and vice versa, as well as their family members.

Article 17 The provisions and protocols attached to this Agreement are an integral part of it.

Article 18 In order to implement measures to comply with the provisions of this Treaty, the Commander of the Border Troops of the Republic of Kazakhstan and the Commander-in-Chief of the Border Troops of the Russian Federation will sign appropriate protocols.

Article 19 Disagreements regarding the interpretation and application of this Treaty shall be resolved through negotiations and consultations. Amendments and additions may be made to this Agreement by mutual agreement of the Parties.

Article 20 This Treaty shall enter into force from the date of the exchange of notifications on the implementation by the Parties of the internal procedures leading to its entry into force, and will be valid for five years, and then automatically renewed each time for a subsequent five-year period, if neither Party declares its desire to terminate. She must notify the other Party in writing no later than six months before the expiration of the next period. This Agreement is temporarily applied from the date of its signing. Done in Alma Ata on June 30, 1995, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

Appendix No. 1

to the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts in the Protection of External Borders

Regulations on the Coordinating Council

Article 1 The Coordinating Council is a collegial body established to coordinate the joint efforts of the Border Troops of the Republic of Kazakhstan and the Border Troops of the Russian Federation in protecting the external borders and implementing the provisions of this Treaty. The Coordinating Council is guided by these Regulations in its activities.

Article 2 The Coordination Council consists of: the Commander of the Border Troops of the Republic of Kazakhstan and the Commander-in-Chief of the Border Troops Of the Russian Federation, at the request of their deputy, as well as, by their decision, other representatives of the border troops of the Parties.

Article 3 The main functions of the Coordinating Council are: ensuring, within the limits of its powers, the implementation of agreements between the Parties on border issues; developing operational solutions to improve the effectiveness of external border protection; developing proposals for making coordinated decisions on the arrangement and equipment of external borders; organizing the exchange of information on border protection issues of mutual interest; developing coordinated approaches to security external borders; organization of interaction in case of emergency situations on the external borders; development of proposals for the harmonization of legislative and other regulatory acts in the field of activities of the border troops of the Parties; coordination of issues related to personnel training for border troops in educational institutions of the Parties, as well as the transfer of military personnel for further military service from the Border Troops of the Republic Kazakhstan to the Border Troops of the Russian Federation, and vice versa; coordination and implementation of the supply of material and technical means to the border troops of the Parties. The Coordinating Council may also consider other issues related to the protection of the external borders and the activities of the border troops. Sides'.

Article 4 The main forms of work of the Coordinating Council are meetings, meetings, consultations, etc., which are held as necessary, by agreement between the heads of the border troops of the Parties. The decisions of the Coordinating Council are made by consensus and formalized in protocols. The official languages of the Coordinating Council are Kazakh and Russian. The working language of the Coordinating Council is Russian.

Article 5 This Regulation is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts 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 of the Parties.

Appendix No. 2

to the Agreement between the Republic of Kazakhstan and By the Russian Federation on joint efforts in the protection of external borders

Regulations on the Operational Group of the Border Troops of the Republic of Kazakhstan in the Russian Federation

Article 1 The Operational Group of the Border Troops of the Republic of Kazakhstan in the Russian Federation (hereinafter referred to as the Operational Group) includes military personnel of the Border Troops of the Republic of Kazakhstan engaged in the implementation of agreed decisions and ensuring practical cooperation between the Parties in the protection of external borders.

Article 2 The size of the Task Force is up to 120 military personnel, including the interaction of border services in the Caspian Sea. The Operational Group consists of the Management of the Operational Group, groups of representatives at border districts and border detachments, individual checkpoints, special information units, aviation and naval units of the Border Troops of the Russian Federation. The structure and quantitative composition of the Task Force are determined jointly by the heads of the border agencies of the Parties, on which a separate protocol is drawn up.

Article 3 The Head of the Operational Group is the authorized representative of the Commander of the Border Troops of the Republic of Kazakhstan and has the status of Deputy Commander-in-Chief of the Border Troops of the Russian Federation. He is appointed and dismissed from office. A side. In relation to the military personnel of the Task Force, he enjoys the disciplinary rights of the Deputy Commander of the Border Troops of the Republic of Kazakhstan. The Head of the Operational Group is the administrator of the 2nd degree loans. The Head of the Operational Group reports to the Commander of the Border Troops of the Republic of Kazakhstan when resolving issues related to operational, service and financial and economic activities.

Article 4 The functions of the Task Force include: ensuring, within the limits of their powers, the implementation of agreements on border issues; coordination of actions with the Border Troops of the Russian Federation on the protection of external borders, studying the state of its protection; organization and maintenance of interaction between border troops Cooperation between the Parties on the protection of external borders; practical exchange of information on issues of mutual interest; elaboration of proposals on the protection of external borders; assistance in organizing and conducting logistical support for formations and units of the border troops of the Parties; preparation of proposals aimed at improving the use of forces and means of the border troops of the Parties in matters of protecting the external borders; participation in the implementation of decisions of the Coordinating Council; analysis of requests and proposals of the border troops of the Parties; organization and conduct of joint actions to protect the external borders. The Task Force can also resolve other issues arising during the use of the forces and means of the border troops of the Parties to protect the external borders.

Article 5 The military personnel of the Operational Group have the right: with the permission of the command of the Border Troops of the Russian Federation, to visit military units, subdivisions and facilities of the Border Troops of the Russian Federation on issues related to the tasks assigned to them; to get acquainted with the state of protection of external borders in units, units and formations of the Border Troops of the Russian Federation; with the permission of the commanders of the military units and units visited, to get acquainted with documents related to protection of external borders; with the permission of the commanders, attend official meetings, briefings and other events related to the protection of external borders; use vehicles and communications equipment of the Border Troops of the Russian Federation, in accordance with the rules established for them; be part of groups to resolve issues arising in the implementation of the provisions of this Treaty.

Article 6 Official correspondence and mail of the Task Force are inviolable and are reported to the Head of the Task Force. Cipher telegrams are sent through the cipher organs of the Border Troops of the Russian Federation after familiarization with them by the Commander-in-Chief of the Border Troops of the Russian Federation (commander of the unit at the place of residence) or a person replacing him. The Task Force has its own seal and bank accounts.

Article 7 The headquarters of the Operational Group is located in Moscow, Federal Border Guard Service of the Russian Federation.

Article 8 This Regulation is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts 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 of the Parties.

Appendix No. 3

to the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts in the Protection of External Borders

Regulations on the Operational Group of the Border Troops Of the Russian Federation in the Republic of Kazakhstan

Article 1 The Operational Group of the Border Troops of the Russian Federation in the Republic of Kazakhstan (hereinafter referred to as the Operational Group) includes military personnel of the Border Troops of the Russian Federation engaged in the implementation of agreed decisions and ensuring practical cooperation between the Parties in the protection of external borders.

Article 2 The size of the Task Force is up to 120 military personnel, including the interaction of border services in the Caspian Sea. The Operational Group consists of the Management of the Operational Group, groups of representatives at border detachments, individual checkpoints, special information units, aviation and naval units of the Border Troops of the Republic of Kazakhstan. The structure and quantitative composition of the Task Force are determined jointly by the heads of the border agencies of the Parties, on which a separate protocol is drawn up.

Article 3 The Head of the Operational Group is the authorized representative Commander-in-Chief of the Border Troops of the Russian Federation and has the status of Deputy Commander of the Border Troops of the Republic Kazakhstan. He is appointed and dismissed from office By the Russian Side. In relation to the military personnel of the Task Force, he enjoys the disciplinary rights of the commander of the border district troops. The Head of the Operaticle 3 The Head of the Operational Group is the authorized representative Commander-in-Chief of the Border Troops of the Russian Federation and has the status of Deputy Commander of the Border Troops of the Republic Kazakhstan. He is appointed and dismissed from office By the Russian Side. In relation to the military personnel of the Task Force, he enjoys the disciplinary rights of the commander of the border district troops. The Head of the Operational Group is the administrator of the 2nd degree loans. The Head of the Operational Group, when resolving issues related to operational, service and financial and economic activities, is subordinate to The Federal Border Guard Service of the Russian Federation.

Article 4 The functions of the Task Force include: ensuring, within the limits of their powers, the implementation of agreements on border issues; coordinating actions with the Border Troops of the Republic of Kazakhstan on the protection of external borders, studying the state of itsArticle 4 The functions of the Task Force include: ensuring, within the limits of their powers, the implementation of agreements on border issues; coordinating actions with the Border Troops of the Republic of Kazakhstan on the protection of external borders, studying the state of its protection; organizing and maintaining interaction between border troops Cooperation between the Parties on the protection of external borders; practical exchange of information on issues of mutual interest; elaboration of proposals on the protection of external borders; assistance in organizing and conducting logistical support for formations and units of the border troops of the Parties; preparation of proposals aimed at improving the use of forces and means of the border troops of the Parties in matters of protecting the external borders; participation in the implementation of decisions of the Coordinating Council; analysis of requests and proposals of the border troops of the Parties; organization and conduct of joint actions to protect the external borders. The Task Force can also resolve other issues arising during the use of the forces and means of the border troops of the Parties to protect the external borders.

Article 5 Military personnel Operational groups have the right to: with the permission of the command of the Border Troops of the Republic of Kazakhstan, visit military units, subdivisions and facilities of the Border Troops of the Republic of Kazakhstan on issues related to the tasks assigned to them; get acquainted with the state of protection of external borders in uniArticle 5 Military personnel Operational groups have the right to: with the permission of the command of the Border Troops of the Republic of Kazakhstan, visit military units, subdivisions and facilities of the Bps of the Republic of Kazakhstan on issues related to the tasks assigned to them; get acquainted with the state of protection of external borders in units, units and formations of the Border Troops of the Republic of Kazakhstan; with the permission of the commanders of the military units and units visited, get acquainted with documents related to protection of external borders; with the permission of the commanders, attend official meetings, briefings and other events related to the protection of external borders; use vehicles and means of communication of the Border Troops of the Republic of Kazakhstan, in accordance with the rules established for them; be part of groups to resolve issues arising in the implementation of the provisions of this Treaty.

Article 6 OffArticle 6 Official correspondence and mail of the Task Force are inviolable and are reported to the Head of the Task Force. Cipher telegrams are sent through the cipher organs of the Republic's Border Troops Kazakhstan after familiarization with them by the Commander of the Border Troops of the Republic of Kazakhstan (the commander of the unit at the place of stay) or the person replacing him. The Task Force has its own seal and bank accounts.

Article 7 The headquarters of the Operational Group is located in Almaty, the State Committee of the Republic of Kazakhstan for the Protection of the State Border.

Article 8 This Regulation is an integral part of the Agreement between the Republic of Kazakhstan and the Russian FederatiArticle 8 This Regulation is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts 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 of the Parties.

Appendix No. 4 to the Agreement between the Republic of Kazakhstan and By the Russian Federation on joint efforts in the protection of external borders

Protocol on the procedure for financing the Operational Group of the Border Troops of the Republic of Kazakhstan in the Russian Federation

Article 1Article All expenses related to the maintenance and support of the personnel of the Operational Group of the Border Troops of the Republic of Kazakhstan (hereinafter referred to as the Operational Group) in the Russian Federation are financed by the Kazakh Side.

Article 2 For the implementation of the financing specified in Article 1 of this According to the Protocol of expenses, the Operational Group opens two accounts in the Central Bank of the Russian Federation: one in tenge, the currency of the Republic Kazakhstan and the second in rubles, the currency of the Russian Federation.

Article 3 The Central Bank of the Russian Federation shall ensure the disbursement ofArticle 3 The Central Bank of the Russian Federation shall ensure the disbursement of cash necessary for the maintenance of the Operational Group in rubles and tenge at the expense and within the limits of the balances on the accounts specified in Article 2 of this Protocol. The amount of amounts paid to military personnel, workers and employees of the Operational Group in Russian rubles is determined in accordance with the regulations of the Republic of Kazakhstan.

Article 4 Funds in the foreign currency account ofArticle 4 Funds in the foreign currency account of the Operational Group in tenge are formed by crediting the corresponding amounts to the correspondent account of the Central Bank of the Russian Federation by the National Bank of the Republic of Kazakhstan. Funds in the Operational Group's account in tenge are formed, as a rule, due to the sale by the Central Bank of the Russian Federation in accordance with the established procedure of rubles to the National Bank of the Republic of Kazakhstan at the exchange rate of this bank on the day of sale, as well as from other sources.

Article 5 Military personnel, workers and employees of the Operational Group are not subject to customs restrictions on the import and export of cash in rubles and tenge if they have a certificate of receipt of the corresponding amounts in the form determined by state banks.

Article 6 Official correspondence and mail of the Task Force are inviolable and are reported to the Head of the Task Force. Cipher telegrams are sent through the cipher organs of the Republic's Border Troops Kazakhstan after familiarization with them by the Commander of the Border Troops of the Republic of Kazakhstan (the commander of the unit at the place of stay) or the person replacing him. The Task Force has its own seal and bank accounts.

Article 7 The headquarters of the Operational Group is located in Almaty, the State Committee of the Republic of Kazakhstan for the Protection of the State Border.

Appendix No. 4 to the Agreement between the Republic of Kazakhstan and By the Russian Federation on joint efforts in the protection of external borders

Protocol on the procedure for financing the Operational Group of the Border Troops of the Republic of Kazakhstan in the Russian Federation

Article 1 All expenses related to the maintenance and support of the personnel of the Operational Group of the Border Troops of the Republic of Kazakhstan (hereinafter referred to as the Operational Group) in the Russian Federation are financed by the Kazakh Side.

Article 3 The Central Bank of the Russian Federation shall ensure the disbursement of cash necessary for the maintenance of the Operational Group in rubles and tenge at the expense and within the limits of the balances on the accounts specified in Article 2 of this Protocol. The amount of amounts paid to military personnel, workers and employees of the Operational Group in Russian rubles is determined in accordance with the regulations of the Republic of Kazakhstan.

Article 4 Funds in the foreign currency account of the Operational Group in tenge are formed by crediting the corresponding amounts to the correspondent account of the Central Bank of the Russian Federation by the National Bank of the Republic of Kazakhstan. Funds in the Operational Group's account in tenge are formed, as a rule, due to the sale by the Central Bank of the Russian Federation in accordance with the established procedure of rubles to the National Bank of the Republic of Kazakhstan at the exchange rate of this bank on the day of sale, as well as from other sources.

Article 6 The amounts in Russian rubles transferred by the Russian Side for the maintenance of the Operational Group are not subject to the requirement The National Bank of the Republic of Kazakhstan on the mandatory sale of all or part of the foreign exchange earnings to it.

Article 7 The organization and control of the financial and economic activities of the Operational Group are carried out by the Russian Side in accordance with the regulations of the Russian Federation. Article 8 This Protocol is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts 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 this Protocol by mutual agreement of the Parties.

Appendix No. 5 to the Agreement between the Republic of Kazakhstan and By the Russian Federation on joint efforts in the protection of external borders

Protocol on the procedure for financing the Operational Group of Border Troops Of the Russian Federation in the Republic of Kazakhstan

Article 1 All expenses related to the maintenance and support of the personnel of the Operational Group of the Border Troops of the Russian Federation in the Republic of Kazakhstan (hereinafter referred to as the Operational Group) are financed by the Russian Side.

Article 2 For the implementation of the financing specified in Article 1 of this Protocol of expenses to the Operational Group in the National Bank of the Republic Kazakhstan opens two accounts: one in rubles, the currency of the Russian Federation, and the second in tenge, the currency of the Republic of Kazakhstan.

Article 3 The National Bank of the Republic of Kazakhstan shall ensure the disbursement of cash necessary for the maintenance of the Operational Group in tenge and rubles at the expense and within the limits of the balances on the accounts specified in Article 2 of this Protocol. The amount of amounts paid to military personnel, workers and employees of the Operational Group in tenge is determined in accordance with the regulations of the Russian Federation.

Article 4 The funds in the foreign currency account of the Operational Group in rubles are formed by crediting the corresponding amounts to the correspondent account The National Bank of the Republic of Kazakhstan by the Central Bank of the Russian Federation. Funds in the Operational Group's account in tenge are formed, as a rule, due to the sale by the Central Bank of the Russian Federation in accordance with the established procedure of rubles to the National Bank of the Republic of Kazakhstan at the exchange rate of this bank on the day of sale, as well as from other sources.

Article 8

This Protocol is an integral part of the Agreement between the Republic of Kazakhstan and the Russian Federation on Joint Efforts 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 this Protocol by mutual agreement of the Parties.

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President

Republic of Kazakhstan

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