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

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

Law of the Republic of Kazakhstan dated March 15, 2012 No. 1-V

To ratify Agreement on the status of formations of forces and means of the collective Security system of the Collective Security Treaty Organization, signed in Moscow on December 10, 2010.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT on the status of the formation of forces and means of the collective security system Collective Security Treaty Organization

(Entered into force on May 11, 2012 - Bulletin of International Treaties 2012, No. 4, Article 58)

States - The members of the Collective Security Treaty Organization, hereinafter referred to as the Parties, reaffirming their commitment to the purposes and principles of the UN Charter, generally recognized principles and norms of international law, as well as international treaties on arms control and confidence-building in the military sphere, based on the Collective Security Treaty of May 15, 1992, striving to further develop interstate partnership and interaction relations that meet the interests of the Parties based on mutual trust, equality and mutually beneficial cooperation, Directing efforts to maintain a high level of combat readiness for the formation of forces and means of the collective security system, ensuring an adequate response to challenges and threats to international security, referring to the right of the Parties to individual or collective self-defense in accordance with Article 51 of the UN Charter, desiring to create a legal framework for the temporary stay of formations of forces and means of the collective security system in the territories of the Parties, have agreed on the following:

Article 1

For the purposes of this Agreement, the terms used mean: "formations of forces and means of the collective security system (hereinafter referred to as formations)" - associations, formations, military units and subunits detached from the national armed forces and other troops of the Parties, formations of special forces detached from among the special forces (specialist groups) of internal affairs (police) bodies, internal troops, security agencies and special services, as well as authorized bodies in the field of prevention and liquidation the consequences of emergency situations of the Parties to the coalition, regional (united) groups of troops (forces) temporarily deployed to the territory of the host Country; "sending Party" - the Party that owns formations temporarily sent to the territory of the receiving Party in accordance with its official request to solve the tasks set; "receiving Party" - the Party on whose territory formations of the sending Party are temporarily stationed to perform the tasks set in accordance with its official request; "transit Party" - the Party, through the territory of which formations and their movable property are moving when traveling to the territory of the receiving or sending Party; "transit State" is a State that is not a Party to this Agreement, through whose territory formations and movable property are moving when traveling to the territory of the receiving or sending Party; "formation status" is the legal status of formations of the sending Parties temporarily located in the territories of the receiving Parties in order to solve the tasks facing them.; "personnel of formations" (hereinafter also referred to as persons who are part of formations) - military personnel, employees of security agencies and special services, internal affairs (police), internal troops, bodies authorized in the field of prevention and elimination of consequences of emergency situations, as well as persons working in military units, organizations and institutions, assigned by the Parties, or temporarily seconded to a coalition and/or regional (combined) group of troops (forces); "Formation Command" - a management body created to lead the formation; "concerned ministries and departments" - ministries and departments of the Parties, with the participation of which a decision is made on the allocation of formations of the Parties to the forces and means of the collective security system, their training, use and comprehensive provision; "movable property of formations" - weapons and military equipment, military-technical equipment, special equipment and special means, transportation and other logistical means necessary for the functioning of formations, as well as other goods owned by the sending and receiving Parties; "immovable property (real estate objects)" - land plots and military and civilian infrastructure facilities located on them, which are the property of the receiving (transit) The Parties and the formations that are in temporary use with their consent.

Article 2

Formations of the sending Party may be sent to the territory of the receiving Party in accordance with the official request of the latter to exercise the right to collective defense in the event of a threat and/or armed attack (aggression) against one or more Parties, to counter other challenges and threats to collective security, to eliminate emergencies, as well as to conduct joint command and staff exercises. and military exercises. The Parties send their formations to the territory of the host Country to perform their tasks only if this action does not contradict their national legislation. The receiving Party decides on the deployment of formations of forces and means of the collective security system on its territory, if this does not contradict its national legislation. The decision on the deployment, tasks, composition, number of formations, the order of their subordination, their locations, as well as the time of their stay on the territory of the host Country is made by the Collective Security Council (hereinafter referred to as the Council) The Collective Security Treaty Organization (hereinafter referred to as the CSTO) on the basis of an official request from one or more Parties. Formations with a reserve of material resources are subordinated to the Command of the formation after their commanders (chiefs) report to the Command about crossing the border of the receiving Side.

Article 3

The introduction into the territory of the receiving Party of additional formations necessary to strengthen the formations located on its territory is carried out on the basis of a decision of the Council and with the consent of the receiving Party. The import of additional movable property necessary to ensure the activities of formations located on the territory of the receiving Party is carried out with the consent of the receiving Party. The redeployment (regrouping) of formations and their replacement are carried out according to plans agreed upon by the concerned ministries and departments of the sending and receiving Parties, as well as the Command of the formation.

Article 4

With the consent of the host Party, formations may conduct command-staff and military exercises, as well as other operational and combat training activities related to the fulfillment of their assigned tasks, on its territory within the designated areas (districts) and facilities. At the same time, the areas, procedure and timing of the exercises, the number of participating formations, their movement routes, combat firing stages, safety zones, environmental and other issues are coordinated by the Command of the formation with the relevant ministries and departments of the host Country. The holding of these events outside the designated areas and facilities is allowed only in agreement with the relevant ministries and departments of the host Country.

Article 5

The receiving Party shall notify the other Parties in writing of the place, time, and procedure for the intended crossing of its state border determined by it 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 and movable property en route to the destination area, and provide free of charge placement and use of immovable property (real estate objects), unless otherwise established by the decisions of the Council.

Article 6

The Parties shall ensure unhindered movement through their territories to the destination of formations and their movable property, as well as the priority provision of railway, automobile, sea, river and air transport and transport communications based on preliminary requests in accordance with the requirements of the national legislation of the Parties. Aviation flights are carried out along routes, as well as in zones (areas) that are coordinated with the ministries and departments concerned, as well as air traffic control and air control authorities of the Parties. Reception, airfield technical support and protection of 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 receiving Party are carried out in accordance with the procedure established by the receiving Party, taking into account the need to fulfill the assigned tasks. The procedure and conditions for transit, placement and use by formations of immovable property (real estate objects) on the territory of the transit Parties are determined by separate agreements (agreements) between the interested Parties. The transit of formations through the territory of states that are not parties to this Agreement is carried out in accordance with the procedure provided for by the relevant treaties concluded either by the receiving Party, the sending Party, or the CSTO with such states. The Parties will make efforts to form the necessary regulatory framework for this.

Article 7

The receiving Party assumes responsibility for organizing measures to provide formations with immovable property (real estate objects) free of charge. These events must comply with the requirements of the legislation of the host Country, which determine the placement and quartering of a similar composition of formations of the host Country, unless otherwise established by decisions of the Council. The receiving Party provides the formations with electricity, water, and utilities free of charge to the extent necessary to fulfill their assigned tasks. Regarding the organization of daily activities, food supply, medical, public utilities, transportation services, as well as communications services, the Command of the formation interacts with interested ministries and departments of the host Country, has the right to conduct monetary settlements with them and have appropriate accounts and funds for this purpose. The receiving Party provides full settlement and cash services to the formations in accordance with its national legislation. If necessary, additional issues related to the activities of the formations may be determined by separate protocols between the Parties.

Article 8

The personnel of the formations must respect sovereignty, comply with the requirements of the legislation of the host Country, refrain from any actions incompatible with the provisions of this Agreement, not interfere in the internal affairs of the host Country, not participate in political activities and conflicts on its territory, except in the performance of assigned tasks. The sending Party and the Command of the formation are obliged to take the necessary measures in this regard. The military personnel of the formations temporarily stationed on the territories of the Parties wear military uniforms and have insignia of the national armed forces of the Parties. If necessary, by decision of the Command, common insignia may be established for military formations. The personnel of the formations have the right to carry weapons in accordance with the orders of the Command. Outside the location of formations, the carrying of weapons by persons who are part of them is allowed only when they perform their assigned combat missions and security functions. Vehicles, weapons, military and special equipment must have distinctive signs of the Parties. If necessary, by decision of the Command of the formation, common distinctive signs may be established for vehicles, weapons, military and special equipment of formations. Formations, in cooperation with the host Party, take measures to ensure their own security in accordance with the legislation of the host Party. The establishment of restricted areas or security zones by the Command of the formation is carried out in coordination with the relevant ministries and departments of the host Party, unless otherwise established by decisions of the Council.

Article 9

The personnel of the formations are not subject to visa control upon entry into and exit from the territory of the host Country. They are also not subject to the legislation of the host Country regarding the registration of foreigners and the monitoring of them. Persons who are members of formations are not considered as having received any rights to permanent residence in the territory of the host Country.

Article 10

At checkpoints across the state border of the Parties, the commanders of the formations present a personal list of personnel certified by the interested ministries and departments of the sending Party, indicating the purpose of arrival (following) to the territory of the receiving Party and a list of movable property of the formation. The nominal list of personnel and the list of movable property of the formation are drawn up in accordance with the forms approved by the decision of the Council. When crossing the state borders of the Parties, military personnel of the formations must be dressed in military uniforms of the national armed forces of the sending Party. In addition to the registration number, official vehicles and military equipment must be equipped with a clearly visible sign indicating their nationality. Persons who are members of formations cross the state border of the receiving Party upon presentation of documents established by the legislation of the sending Party certifying their identity and affiliation to formations. The Parties grant persons who are members of the formations the right to carry personal belongings and currency valuables, with the exception of goods prohibited for import and export by the national legislation of the Parties. When moving across the state borders of the Parties, personal belongings and currency valuables are exempt from customs duties within the limits of the norms established by the national legislation of the Parties.

Article 11

The import and export of movable property of the formation being moved for the purposes of implementing this Agreement shall be carried out on a priority basis without the application of prohibitions and restrictions and the collection of all types of duties, taxes and fees on the basis of lists agreed upon by the authorized bodies of the sending and receiving Parties. The receiving Party shall take all necessary measures on its territory to deliver the movable property of the formations to their places of deployment. Official documents (correspondence) provided with means of identification of the Command of the formation are not subject to customs inspection. The courier moving these documents must have a delivery order confirming his authority and containing information about the number of documents and the type of collateral applied. The order is certified by authorized persons, information about which is submitted to the border and customs authorities of the Parties. The movable property of the formations of the sending Party is its property and cannot be retained and/or alienated in any form by the receiving Party.

Article 12

The sending Party ensures, and the Command of the formation is responsible for ensuring that the personnel of the formations comply with the principles and norms of international humanitarian law. The receiving Party refuses to submit any claims to the sending Party and the Command of the formation regarding compensation for damage caused to individuals or legal entities related to death, bodily injury and disability of its citizens, as well as damage caused to its movable and immovable property, natural resources, cultural and historical values, if such damage has been caused. when performing assigned tasks by formations and when implementing measures to ensure their own safety. This provision is applicable if such damage was not caused as a result of a violation of the principles and norms of international humanitarian law or other international legal norms applicable during an armed conflict.

Article 13

Formations during the period of temporary stay on the territory of the receiving Party ensure the safety of its used real estate, natural resources, cultural and historical sites. The Command of the formation is responsible for the safety of the real estate used by the host Party, as well as for compliance with environmental safety standards in the areas of deployment of military formations. Damage that may be caused by formations to individuals, movable and immovable property of the receiving Party in conditions unrelated to the performance of the tasks specified in Article 12 of this Agreement shall be compensated by agreement between the Parties, and in case of disagreement - in accordance with Article 16 of this Agreement. Compensation for material damage caused to the formations of the sending Party, as well as compensation to persons who are part of them or their heirs, if this damage was caused as a result of actions or omissions of legal entities or citizens of the receiving Party, citizens of third countries on its territory, shall be carried out in the amount established by the Conciliation Commission established in accordance with Article 16 of this Agreement. The personnel of the formations and their family members retain in full the benefits, guarantees and compensations established by the national legislation of the sending Party. This procedure is applied if the damage was caused during the stay of persons who are part of the formations of the sending Party on the territory of the receiving Party, as well as during transit on the territory of the other Party.

Article 14

The Parties respect the legal status of the members of the formations, provide them with full civil, socio-economic and personal rights and freedoms in accordance with the norms of international law, do not allow actions that make it difficult for them to perform their tasks, and take all necessary measures within their territory, agreed with the Command, to ensure safety and protection. individuals who are part of the formations, as well as weapons, military equipment and logistical means, documentation and official information of the formations, including measures to prevent and suppress any illegal actions against them.

Article 15

Issues of jurisdiction and legal assistance related to the temporary stay of formations on the territory of the Parties are determined by a separate Agreement. Prior to the entry into force of the said Agreement, the Parties are guided by national legislation, existing bilateral agreements, as well as Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002. In relations between the Parties for which the said Convention has not entered into force, the following applies: The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 and The Protocol to it dated March 28, 1997. The Parties may conclude additional bilateral agreements on matters of jurisdiction and legal assistance.

Article 16

All disagreements between the Parties concerning the interpretation or application of this Agreement shall be settled during negotiations between them. To resolve disputes, a Conciliation Commission is created, which includes representatives of each Side and representatives of the Command of the formation. The Conciliation Commission acts on the basis of the rules adopted by it and within the limits of the powers determined by the Council. All disputes that cannot be resolved through direct negotiations and the Conciliation Commission are referred to the Council for resolution.

Article 17

This Agreement shall enter into force on the date of receipt by the depositary of the fourth written notification that the signatory Parties have completed the internal procedures necessary for its entry into force. For the Parties that have completed such procedures later, this Agreement shall enter into force from the date of deposit of the relevant written notification to the depositary. With the entry into force of this Agreement, it shall cease to be valid in the relations between the Parties. Agreement on the status of formations of forces and means of the collective security system dated October 11, 2000.

Article 18

At the suggestion of any Party, with the consent of the other Parties, amendments and additions may be made to this Agreement, which are formalized in a separate protocol, which is an integral part of this Agreement.  Protocols on amendments and additions shall enter into force in accordance with the procedure provided for in Article 17 of this Agreement.

Article 19

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

Article 20

This Agreement is concluded for the period of validity The Collective Security Treaty of May 15, 1992. Any Party may withdraw from this Agreement by sending a written notification of its intention to the depositary at least six months before the expected withdrawal date. Claims that arose before the date of withdrawal of the Party from this Agreement are subject to mandatory settlement.

Done in Moscow on December 10, 2010, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each Signatory to this Agreement.

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases