Article 13. The rights of national security agencies of the Law On National Security Agencies of the Republic of Kazakhstan

Home / RLA / Article 13. The rights of national security agencies of the Law On National Security Agencies of the Republic of Kazakhstan

National security agencies have the right to perform their duties.:

1) to carry out counterintelligence activities, general and special operational search activities, forensic research, to involve citizens of the Republic of Kazakhstan on a voluntary basis as freelance operational staff in accordance with the procedure established by the Chairman of the National Security Committee;

1-1) to carry out operational and combat measures to curb illegal activities in accordance with the special methods being developed, as well as to use special means in accordance with the list approved by the Government of the Republic of Kazakhstan.;

1-2) to carry out radio-electronic and radio-technical intelligence in accordance with the rules approved by the National Security Committee of the Republic of Kazakhstan;

2) infiltrate the special services of foreign states and other foreign organizations, criminal groups whose goals and actions are aimed at undermining the security of the state, violating the integrity of the Republic of Kazakhstan, and forcibly changing the constitutional order;

3) independently or jointly with the competent state authorities to resolve issues related to the closure of entry and expulsion from the Republic of Kazakhstan of foreigners and stateless persons who, by their actions, pose a threat or damage the security of society and the state;

4) when detecting, suppressing, disclosing and investigating criminal offenses attributed by law to the jurisdiction of national security agencies, give binding instructions to other bodies within the limits provided for by criminal procedure legislation.;

5) summon citizens to the national security agencies based on materials in production, receive explanations, certificates, documents from them and make copies of them; bring in persons who evade appearing on a call;

6) in accordance with the legislation, to verify the identity documents of citizens upon reasonable suspicion of committing criminal offenses. To detain persons suspected of committing criminal offenses, carry out document checks, personal searches of detainees and their vehicles, as well as the seizure of their belongings and documents;

6-1) when participating in an anti-terrorist operation and ensuring the legal regime of an anti-terrorist operation, apply measures and time restrictions provided for by the Law of the Republic of Kazakhstan "On Countering Terrorism";

7) to carry out administrative detention of persons who have committed offenses related to attempts to enter and enter specially protected territories of special-regime and other facilities illegally located in the border zone. To check their identity documents, receive explanations from them, carry out their personal search, inspection and seizure of belongings and documents;

8) use means of communication, vehicles belonging to organizations, military formations and units to prevent criminal offenses, prosecute and detain persons who have committed or are suspected of committing offenses, deliver detained persons to their place of detention, as well as to travel to the scene of the incident and deliver citizens in need of urgent medical care to medical institutions. At the request of the owners, the national security agencies compensate for the actual damage caused as a result in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

9) freely enter the territory and premises of organizations, military formations and units, residential and other premises belonging to citizens, and land plots belonging to them in order to prevent criminal offenses, prosecute persons suspected of committing them, if delay may endanger the life and health of citizens, or harm the security of the country. The national security authorities notify the prosecutor of cases of forced entry into residential and other premises belonging to citizens within twenty-four hours.;

10) have temporary detention facilities, pre-trial detention facilities for the detention of persons in respect of whom detention has been chosen as a preventive measure or detained by national security agencies on suspicion of committing criminal offenses in accordance with the procedure established by the legislation of the Republic of Kazakhstan. In some cases, in coordination with the national security authorities, those detained and detained by law enforcement agencies and courts, as well as convicted persons;

11) to exercise control, provide methodological and practical assistance in matters of ensuring the safety of state secrets, commercial, banking and other legally protected secrets, the security of special-purpose telecommunications networks and encryption work in authorized state bodies, military administration bodies, national security and internal affairs of the Republic of Kazakhstan;

12) submit to state bodies, military formations, units and organizations mandatory representations on the elimination of causes and conditions that contribute to the realization of threats to the security of the Republic of Kazakhstan, the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of national security agencies.

12-1) declare to individuals and legal entities in writing mandatory official warnings about the inadmissibility of an act (action or omission) that creates conditions for the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of national security agencies.;

13) to prevent the use of transmitting radio-electronic devices on the territory of the Republic of Kazakhstan, used in violation of the established rules or legislation of the Republic of Kazakhstan on the protection of state secrets;

14) receive, free of charge and in compliance with the requirements established by legislative acts of the Republic of Kazakhstan for the disclosure of information constituting commercial, banking and other legally protected secrets from government agencies, military formations, units and organizations, information necessary to perform tasks assigned to national security agencies, including electronic information resources provided from information systems government agencies and organizations, in accordance with the procedure, established by joint regulatory legal acts with the specified state bodies, and agreements with organizations.;

15) inform local representative and executive bodies on issues within the competence of national security agencies;

16) Excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication).

17) in order to encrypt the identity of employees and military personnel of national security agencies, the departmental affiliation of their units, premises and vehicles, or the identity of citizens who assist national security agencies on a confidential basis, use, produce and (or) execute documents of other government agencies, as well as organizations, the procedure for use, manufacture and (or) the design of which is determined by the Chairman of the National Security Committee.

If it is necessary for national security bodies to use documents of state bodies requiring registration with state bodies for the purposes provided for in this subparagraph, including documents issued by them, the relevant state bodies shall, at the request of the national security bodies, produce and (or) issue them to the national security bodies free of charge in accordance with the procedure established by joint regulatory legal acts. acts;

17-1) send mandatory requests to other government agencies and organizations for the provision of forms of documents and official identification cards to national security agencies, as well as samples of their filling out;

17-2) in order to encrypt the identity of employees and military personnel of other subjects of foreign intelligence and special state bodies, the departmental affiliation of their units, premises and vehicles, as well as the identity of confidential assistants, to produce and (or) issue documents of other state bodies, as well as organizations, for other subjects of foreign intelligence and special state bodies, the procedure for the manufacture and (or) the formalization of which is determined by joint regulatory legal acts.

If it is necessary for other subjects of foreign intelligence and special state bodies to use documents of state bodies requiring registration with state bodies, including documents issued by them, at the request of national security bodies, the relevant state bodies shall produce and (or) execute them free of charge in accordance with the procedure established by joint regulatory documents. legal acts;

18) to create, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, organizations and units necessary to fulfill the duties assigned to the national security agencies and ensure the activities of these bodies;

19) to develop, create, acquire and use special communications, weapons and equipment, including special technical and other means, while the development, production and adoption of state encryption tools and their special protection (against technical intelligence means) are carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan. To conclude agreements, contracts with government agencies and organizations of the Republic of Kazakhstan, special services and organizations of foreign states for these purposes.;

20) to conduct scientific research on the problems of ensuring the security of the Republic of Kazakhstan, to develop and create information systems and special types of communication systems;

20-1) Is excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication). 20-2) Is excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication). 20-3) Is excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication).

20-4) establish, accredit, and terminate the activities of a special certification center;

20-5) Is excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication). 21) Excluded by the Law of the Republic of Kazakhstan dated December 23, 2023 No. 51-VIII (effective ten calendar days after the date of its first official publication).

21-1) use video cameras and other types of electronic equipment of government agencies and other organizations in accordance with the procedure established by joint regulatory legal acts or agreements;

21-2) to carry out interdepartmental coordination on the functioning of the unified Internet access gateway and the unified electronic government e-mail gateway;

21-3) to develop a single Internet access gateway and a single e-mail gateway for "electronic government";

21-4) to carry out state control over the application of the security certificate by telecom operators;

21-5) exercise state control over the procedure for connecting telecom operator networks to Internet traffic exchange points and passing Internet traffic;

21-6) determine the procedure for connecting telecom operators' networks to Internet traffic exchange points and passing Internet traffic;

21-7) determine the procedure for issuing and applying a security certificate;

21-8) determine the certifying information security center;

22) (excluded);

23) perform other functions stipulated by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

This Law defines the status, powers and organization of activities of the national security bodies of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated December 21, 1995 N 2710.

President

Republic of Kazakhstan

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