Article 1. The basic concepts used in this Law are the Law on the Defense Industry and the State Defense Order.
The following basic concepts are used in this Law:
1) military works – activities related to the design, construction, overhaul of defense facilities, development, production (assembly), overhaul, modernization of weapons, military, automotive and special equipment, technical and special facilities, information, telecommunications and geoinformation systems, automated control systems, as well as scientific research and other activities related to the provision of defense, security and law and order in the State, with tangible results;
2) a domestic supplier of military works and military services (hereinafter referred to as a domestic supplier of works and services) is a legal entity that is a resident of the Republic of Kazakhstan and has the ability to perform military work and provide military services of the required quality.;
3) military services – activities related to technical and regulated maintenance, technical inspection and diagnostics, technical support, maintenance and repair of weapons, military, automotive and special equipment, technical and special equipment, sale, liquidation through destruction, disposal, burial and recycling of unused property, as well as scientific research and other activities related to ensuring defense, security and law and order in the State that have no tangible result;
4) military goods (products) – weapons, military, automotive and special equipment, technical and special equipment, personal belongings and special property, documentation, intellectual property rights, equipment for the production and testing of military goods (products), components and spare parts for the specified goods (products);
5) a domestic manufacturer of military goods (products), dual–use goods (products) (hereinafter referred to as a domestic commodity producer) is a legal entity that is a resident of the Republic of Kazakhstan and has production facilities in the territory of the Republic of Kazakhstan necessary for the production of military goods (products), dual–use goods (products) (applications) of the required quality;
6) military representative offices are separate structural subdivisions of the Ministry of Defense of the Republic of Kazakhstan located in organizations, regardless of their forms of ownership, for quality control and acceptance of military goods (products) supplied, dual–use goods (products), military works performed and military services rendered under the state defense order;
7) military equipment – combat vehicles, warships (boats and military auxiliary vessels), military aircraft, as well as ships (boats and other vessels), aircraft and other aircraft equipped with the Armed Forces of the Republic of Kazakhstan, other troops and military formations, special state and law enforcement agencies of the Republic of Kazakhstan;
8) military-technical assistance (technical assistance) – provision (receipt) on a gratuitous or other preferential basis to a foreign state (from a foreign state, international organization) of weapons, military equipment and other military goods (products), dual-use goods (products), military works and services appointments, as well as technical support and specialist training services;
9) military-technical cooperation – activities in the field of international relations related to meeting the needs of military organizations of states, as well as the support and (or) development of their defense industry;
10) subjects of military-technical cooperation – government agencies, as well as legal entities that have the right to an appropriate type of activity in relation to military goods (products), dual-use goods (products), performing military work and providing military services in accordance with the legislation of the Republic of Kazakhstan;
11) subjects of scientific and (or) scientific and technical activities - legal entities engaged in scientific and (or) scientific and technical activities, the requirements for which are determined by the rules of organization and conduct of scientific research within the framework of the state defense order;
12) modernization – a complex of works, as a result of which individual tactical and technical elements of weapons, military, automotive and special equipment, technical and special equipment are changed, while maintaining their main purpose in the same condition, characterized by the replacement of outdated samples, technical equipment and components used in them with new, more modern ones (or the use of new ones technical solutions) aimed at improving the tactical and technical characteristics of the sample;
13) repair – a set of operations to restore serviceability or operability, eliminate the causes of failure and restore the depleted resource of mechanisms, components or their components of weapons, military, automotive and special equipment, technical and special facilities;
14) armament – various types of weapons, complexes and systems designed to destroy manpower, equipment and infrastructure, destroy buildings (fortifications), means imitating these components, ammunition, as well as systems, devices, carriers and devices;
15) turnover of weapons and military equipment – development, production, repair, purchase and sale, installation, commissioning, modernization, installation, use, storage, repair and maintenance, transfer, liquidation through destruction, disposal, burial and processing, import into the Republic of Kazakhstan and export from the Republic of Kazakhstan of weapons and military equipment;
16) defense industry – a branch of industry, the functioning of which ensures the production of military goods (products), dual-use goods (products), the performance of military work and the provision of military services for the purpose of developing military-industrial potential;
17) military-industrial potential – the ability of domestic producers and domestic suppliers of works and services to perform tasks to meet the needs of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, special state and law enforcement agencies of the Republic of Kazakhstan in military goods (products), dual-use goods (products), military works and military services, as well as orders from foreign customers;
18) the military-industrial complex is an integral part of the military organization of the state, including a set of legal entities, regardless of their forms of ownership, whose social relations arise in the field of the defense industry.;
19) organizations of the military-industrial complex – domestic producers and domestic suppliers of works and services licensed in the field of arms and military equipment turnover;
20) modernization of organizations of the military-industrial complex – a complex of works on technical re-equipment of production, attraction and introduction of new technologies allowing to increase production efficiency, expand the range of manufactured goods (products) for military purposes, including creation of new types of weapons and military equipment, performance of military works and provision of military services;
21) dual–use goods (products) - products and technologies that are used for civilian purposes, but can be used or subsequently repurposed and used as military goods (products).;
22-1) authorized body in the field of the state defense order – a state body responsible for the management and intersectoral coordination in the field of the state defense order;
22) State defense order – the legal act of the Government of the Republic of Kazakhstan approving the list (nomenclature) military goods (products), dual-use goods (products), military works and military services purchased for the needs of defense, security and law and order in the state, the activities of special state and law enforcement agencies of the Republic of Kazakhstan, the state material reserve, mobilization, space activities, as well as the fulfillment by the Republic of Kazakhstan international agreements and obligations;
23) recipient of the state defense order – the central executive body, the state body directly subordinate and accountable to the President of the Republic of Kazakhstan, their departments applying for the purchase of military goods (products), dual-use goods (products), military works and military services included in the state defense order, and receiving the relevant goods (products), works, services;
24) the register of domestic manufacturers of military goods (products), dual–use goods (products) and domestic suppliers of military works and military services of the state defense order (hereinafter referred to as the register) is a list of legal entities, regardless of their forms of ownership, engaged in the production of military goods (products), goods dual-use (products) that perform military-purpose work and provide military-purpose services that meet the qualification requirements;
25) the executor of the state defense order is an authorized organization and a legal entity that carries out the execution of the state defense order.;
26) scientific research within the framework of the state defense order (hereinafter referred to as scientific research) – applied and fundamental scientific research, research, development and technological work in the field of creating new types of weapons, military equipment, technical and special means, modernization of equipment consisting of samples of weapons and military equipment, aimed at improving defense capabilities and ensuring national security of the state;
26-1) scientific and research work within the framework of the state defense order - work related to scientific research, conducting research, experiments in order to expand existing and obtain new knowledge in the field of creating new types of weapons, military equipment, technical and special means, modernization of armaments and military equipment, aimed at increasing defense capability and ensuring the national security of the state;
26-2) development work within the framework of the state defense order – a set of works performed during the creation (modernization) of weapons and military equipment, technical and special means, development or, in agreement with the recipient of the state defense order, refinement or adjustment of design and technological documentation for prototypes of weapons and military equipment, technical and special means, their manufacture and testing;
26-3) prototype under the state defense order – a sample of military goods (products), dual-use goods (products), manufactured during the course of development work according to newly developed, modified or adjusted (for modernization purposes) design and technological documentation for verification by testing the compliance of such a sample with a tactical and technical task (technical specification, tactical and technicaltechnical characteristics) for the performance of development work within the framework of the state defense order, the correctness of the technical decisions taken, as well as determining the possibility of adoption and subsequent transfer to mass production.;
27) liquidation of property – activities for the destruction, disposal, burial of unused property, controlled by the state;
28) disposal of property – bringing unused property into a condition that precludes the use of its combat properties or its intended use, as well as dismantling for the subsequent use of its components;
29) burial of property – isolation of unused property that is not subject to further use in specially designated places in order to prevent harmful substances from entering the environment;
30) processing of property – bringing unused property into a condition that excludes its use for its intended purpose, with the extraction of raw materials or other materials used later in the production (manufacture) of goods or other products, as well as changing properties in order to facilitate its handling, reduce its volume or dangerous properties;
31) destruction of property – complete cessation of the existence of unused property;
32) ammunition – components of weapons directly intended for the destruction of manpower, equipment and infrastructure, destruction of buildings (fortifications), as well as means imitating these components;
33) unused property – decommissioned, unsuitable for use for its intended purpose, decommissioned, expired warranty periods of storage in reserves, unused, excessive military property of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, with the exception of defense facilities, as well as decommissioned, unsuitable for use for its intended purpose, decommissioned, obsolete warranty periods of storage in stocks, unused excessive weapons, military equipment, special equipment, personal protective equipment, radiation, chemical property, biological protection, special purpose vehicles, special technical means, technical means of special state and law enforcement agencies of the Republic of Kazakhstan;
34) regulated maintenance – periodic maintenance of weapons, military, automotive and special equipment, technical and special equipment after a certain mileage, operating time or interval established by the operational documentation, in order to maintain operability or serviceability during their service life (operation);
35) technical inspection and diagnostics – a set of measures aimed at identifying malfunctions and defects in order to assess the technical condition of weapons, military, automotive and special equipment, technical and special equipment and to develop proposals for their further operation, repair or modernization;
36) technical means – means, systems, complexes, devices intended for the use, maintenance, repair of weapons, military and special equipment and their storage, training and logistics, communications, optical and electronic optical devices, means of protecting state secrets, electronic warfare, radio engineering and electronic intelligence, as well as technical security equipment providing protection (surveillance), defense (anti-sabotage defense) of defense and other protected facilities;
37) maintenance – a set of measures to maintain and restore the technical readiness of weapons, military, automotive and special equipment, technical and special equipment during the inter-repair period when they are used for their intended purpose, storage and transportation, the need for which is determined by their technical condition.;
38) the authorized body in the field of the defense industry and the state defense order (hereinafter referred to as the authorized body) is a state body responsible for the management and intersectoral coordination in the field of the defense industry;
39) authorized organization – a legal entity designated by the Government of the Republic of Kazakhstan that imports military goods (products), dual-use goods (products), military works and services, sells (including exports), liquidates unused property, except for ammunition, and provides services for the provision of property lease (lease) of unused defense facilities, participation in international exhibitions in the field of the defense industry and their organization in the territory of the Republic of Kazakhstan.
This Law regulates public relations in the field of the defense industry, the state defense order, as well as certain issues of the turnover of weapons and military equipment.
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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