Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law On Martial Law

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law On Martial Law

The following concepts are used in this Law:

1) aggression is the use of armed force by a foreign State (group or coalition of States) against the sovereignty, territorial integrity or political independence of the Republic of Kazakhstan or the impact on it in any other way inconsistent with the Charter of the United Nations.

Any of the following actions is recognized as an act of aggression, regardless of the declaration of war:

invasion, attack by the armed forces of a foreign state on the territory of the Republic of Kazakhstan, any annexation of the territory of the Republic of Kazakhstan or its part with the use of armed force;

bombing of the territory of the Republic of Kazakhstan or the use of any weapon by a foreign State against the Republic of Kazakhstan;

blockade of ports or coasts of the Republic of Kazakhstan by the armed forces of a foreign state;

an attack by the armed forces of a foreign State on the Armed Forces, other troops and military formations of the Republic of Kazakhstan, a merchant shipping vessel or a civil aviation vessel of the Republic of Kazakhstan;

the use of the armed forces of a foreign state located on the territory of the Republic of Kazakhstan under an international treaty, in violation of the conditions provided for in the international treaty, or any continuation of their stay on the territory of the Republic of Kazakhstan upon termination of the international treaty;

the act of a State allowing its territory, which it has placed at the disposal of another State, to be used by that State to commit an act of aggression against the Republic of Kazakhstan;

sending by the State or on behalf of the State armed gangs, groups, irregular forces or mercenaries who carry out acts of use of armed force against the Republic of Kazakhstan, which are so serious that it is equivalent to the acts listed above;

other actions of foreign States directed against the sovereignty, territorial integrity or political independence of the Republic of Kazakhstan, as well as acts determined by the United Nations Security Council as constituting aggression in accordance with the provisions of the Charter of the United Nations;

2) annexation - forcible annexation, seizure by a foreign state of the territory of the Republic of Kazakhstan or its part;

3) military censorship - preliminary coordination of messages and materials by the mass media with military authorities and government agencies, officials at their request or on other grounds in order to restrict or prohibit the dissemination of messages and materials or their individual parts, as well as monitoring correspondence, telephone and radio conversations in order to prevent publication and disclosure of information containing state secrets;

4) martial law is a special legal regime providing for a set of political, economic, administrative, military and other measures aimed at creating conditions for preventing or repelling aggression against the Republic of Kazakhstan or an immediate external threat to its security, and introduced by the President of the Republic of Kazakhstan throughout the Republic or in its individual localities;

5) internment – detention and placement in accordance with generally recognized principles and norms of international law in specially designated places of settlement of citizens of the state that committed aggression against the Republic of Kazakhstan;

6) curfew is a measure imposed under martial law, indicating the time and duration of its effect in order to ensure the protection of public order and security, the suppression of intelligence, sabotage and other hostile activities, prohibiting the population from staying outside their homes and moving between settlements at a set time without specially issued passes and identity documents. days;

7) an immediate external threat to security is a threat to the inviolability of the State Border of the Republic of Kazakhstan and the use of force against the Republic of Kazakhstan, as well as intelligence, terrorist, sabotage and other activities of special services and organizations of foreign states, as well as individuals, aimed at harming the national security of Kazakhstan.;

8) military management bodies - strategic, operational-strategic, operational-territorial, operational-tactical, tactical and local military management bodies;

9) the Council of Defense of a region, a city of republican significance, or the capital is a military management body established for the period of martial law and exercising leadership of state bodies, organizations, and special formations within an administrative–territorial unit in the interests of state defense.

The footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 07/08/2005 No. 70 (for the procedure of entry into force, see Article 2); dated 06/10/2020 No. 344-VI (effective after ten calendar days after the date of its first official publication); dated 11/16/2020 No. 375-VI (effective after ten calendar days after the day of its first official publication).

The Law of the Republic of Kazakhstan dated March 5, 2003 No. 391.

This Law regulates the legal relations of citizens of the Republic of Kazakhstan, foreigners and stateless persons residing in the territory of the Republic of Kazakhstan (hereinafter referred to as citizens and other persons), as well as state bodies, military administration bodies and organizations, regardless of their forms of ownership (hereinafter referred to as organizations) during the period of martial law.

This Law is limited to the period of martial law.

President

Republic of Kazakhstan

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