On approval of the Instruction on the procedure for the use of weapons, military equipment and special means by the Armed Forces of the Republic of Kazakhstan to suppress acts of terrorism in the Airspace, in Internal waters, in the Territorial Sea, on the continental shelf of the Republic of Kazakhstan, while ensuring the safety of navigation

Decree of the President of the Republic of Kazakhstan dated February 6, 2015 No. 998

 In accordance with subparagraph 6) of paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism", I HEREBY DECREE:

     1. To approve the Instruction on the procedure for the use of weapons, military equipment and special means by the Armed Forces of the Republic of Kazakhstan to suppress acts of terrorism in the airspace, in internal waters, in the territorial sea, on the continental shelf of the Republic of Kazakhstan, while ensuring the safety of navigation.

     2. This Decree shall enter into force upon the expiration of ten calendar days after the date of its first official publication, with the exception of the rules concerning the use of weapons, military equipment and special means to suppress acts of terrorism on the continental shelf of the Republic of Kazakhstan, which shall enter into force after the entry into force of the international treaty on the legal status of the Caspian Sea.

President

Republic of Kazakhstan

N. NAZARBAYEV

Approved by Decree of the President of the Republic of Kazakhstan on February 6, 2015 No. 998

Instructions on the procedure for the use by the Armed Forces of the Republic of Kazakhstan of weapons, military equipment and special means to suppress acts of terrorism in the airspace, in internal waters, in the territorial sea, on the continental shelf of the Republic of Kazakhstan, while ensuring the safety of navigation

1. General provisions

     1. The Instruction on the procedure for the use of weapons, military equipment and special means by the Armed Forces of the Republic of Kazakhstan to suppress acts of terrorism in the airspace, in internal waters, in the territorial Sea, on the continental shelf of the Republic of Kazakhstan, while ensuring the safety of navigation (hereinafter referred to as the Instruction) was developed in order to implement subparagraph 6) of paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan dated July 13, 1999, "On Countering terrorism."

     2. This Instruction uses the concept of a floating vehicle (hereinafter referred to as a watercraft) - a self-propelled or non-self-propelled floating structure used for the transportation of goods, baggage and mail, passengers, fishing or other sea or river fishing, rescuing people, towing other floating objects, military, hydraulic engineering, scientific, educational, sports, and entertainment purposes.

     3. The use of weapons, military equipment and special means to suppress acts of terrorism is carried out by the Armed Forces of the Republic of Kazakhstan after the decision of the President of the Republic of Kazakhstan on the use of the Armed Forces of the Republic of Kazakhstan to participate in the anti-terrorist operation.

     4. During the anti-terrorist operation, the decision on the use of weapons, military equipment and special means of the Armed Forces of the Republic of Kazakhstan to kill an aircraft (watercraft) used to commit an act of terrorism is made by the head of the anti-terrorist operation in accordance with the Law of the Republic of Kazakhstan dated July 13, 1999 "On Combating Terrorism".

     The order on the use of weapons and military equipment and special means is communicated to the commander of the aircraft (warship, unit of the Armed Forces of the Republic of Kazakhstan) immediately.

     5. Military personnel of the Armed Forces of the Republic of Kazakhstan involved in the suppression of an act of terrorism are not responsible for moral, material and physical harm caused in connection with the use of physical force, special means, weapons and military equipment in cases provided for by law, if the protection corresponds to the nature and danger of encroachment on protected persons, other citizens, protected objects or the serviceman himself.

     6. In the area of the anti-terrorist operation, military personnel of the Armed Forces of the Republic of Kazakhstan participating in the anti-terrorist operation use weapons, military equipment and special means against terrorists in accordance with the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism". At the same time, military personnel of the Armed Forces of the Republic of Kazakhstan are subject to the provisions of the Law of the Republic of Kazakhstan dated December 21, 1995 "On National Security Bodies of the Republic of Kazakhstan" regarding the conditions, procedure and limits of the use of physical force, special means, weapons and the use of military equipment in the area of the anti-terrorist operation.

     7. The use of weapons, military equipment and special means is stopped when the terrorists fulfill the demands and commands to stop illegal actions.

2. The procedure for the use of weapons, military equipment and special means to suppress acts of terrorism

     8. Weapons and military equipment of the Armed Forces of the Republic of Kazakhstan against terrorists, aircraft and watercraft used by terrorists are used in the following cases::

     1) creating a threat to human life and the security of strategic facilities of the Republic of Kazakhstan;

     2) committing or attempting to commit encroachments on aerial, terrestrial (underground), surface (underwater) objects on the territory of the Republic of Kazakhstan.

     During the anti-terrorist operation, the decision to eliminate terrorists, including by destroying an aircraft (watercraft) used to commit an act of terrorism, is made by the head of the anti-terrorist operation.

     9. The Armed Forces of the Republic of Kazakhstan use special means, including handcuffs, rubber sticks, devices for opening rooms, forcibly stopping vehicles, service dogs, as well as special vehicles, in order to prevent dangerous acts of persons committing an act of terrorism.

     10. Weapons, military equipment, and special means are not used against women, persons with obvious signs of disability, and minors, except in cases where they commit attacks on military personnel, citizens, and protected persons that threaten their lives and health, group attacks, or armed resistance.

     11. In order to preserve the life and health of people, material assets and objects, as well as to study the possibility of suppressing an act of terrorism without the use of force, negotiations with terrorists are allowed. Negotiations are entrusted to persons specially authorized by the head of the operational headquarters.

     If, during negotiations with a terrorist(s), the goal of negotiations cannot be achieved due to his (their) disagreement to stop an act of terrorism, and a real threat to human life and health remains, the head of the anti-terrorist operation has the right to decide on the elimination of the terrorist(s).

     12. The use of weapons, military equipment and special means is carried out on the basis of the principle of proportionality of the applied measures to the degree of terrorist danger, as well as other principles of countering terrorism provided for by the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism".

     13. If a clear threat to a protected person or object is detected and it is impossible to eliminate it by other legal means, the terrorist(s) may be eliminated (eliminated) by order of the head of the anti-terrorist operation without negotiation or warning.

     14. The procedure for the actions of the forces on duty, assets and officials of the Ministry of Defense of the Republic of Kazakhstan on the use of weapons, military equipment and special means to suppress acts of terrorism in the airspace, in internal waters, in the territorial sea, on the continental shelf of the Republic of Kazakhstan, while ensuring the safety of navigation is determined by the Minister of Defense of the Republic of Kazakhstan.

The procedure for the use of weapons and military equipment in suppressing acts of terrorism in the airspace of the Republic of Kazakhstan

     15. When suppressing an act of terrorism, weapons and military equipment of the Armed Forces of the Republic of Kazakhstan are used if the aircraft:

     1) does not respond to radio commands from ground control points to stop violating the rules for the use of the airspace of the Republic of Kazakhstan and (or) radio commands and visual signals from aircraft of the Armed Forces of the Republic of Kazakhstan raised to intercept it, or refuses to obey radio commands and visual signals without explanation, in order to prevent the flight of the specified aircraft by forcing it to land;

     2) does not comply with the landing requirements and there is a real danger of loss of life or the occurrence of a man-made disaster, in order to prevent the flight of the specified aircraft by destroying it.

     16. Upon receiving information about the hijacking of an aircraft by terrorists, the operational officer on duty at the Main Command Post (hereinafter referred to as the GKP) The Air Defense Forces (hereinafter referred to as the Air Defense Forces) brings the forces on duty and the means of formations and units of the Air Defense Forces to the established readiness levels.

     In addition, radar and other reconnaissance equipment are being included, and a network of visual surveillance posts is being expanded in the area and in possible flight directions of an aircraft used by terrorists.

     17. At the command of the operational duty officer of the State Security Committee of the Armed Forces of the Republic of Kazakhstan, the duty crews are lifted to escort, prevent flight by forcing them to land or destroy intercepted aircraft.

18. After visual detection of an aircraft used by terrorists, the crew reports to the control center the type, nationality, tail number, identification marks, altitude, speed and direction of its flight and provides maneuvering support. The information received from the crew is transmitted to the operational duty officer of the State Security Committee of the Armed Forces of the Republic of Kazakhstan.

     19. The Ministry of Defense of the Republic of Kazakhstan, together with the Border Guard Service of the National Security Committee of the Republic of Kazakhstan, organizes operational cooperation on the exchange of information on the detection of aircraft used by terrorists.

     20. If an intercepted aircraft used by terrorists does not obey commands (signals) and tries to escape, warning shots are fired by the intercepting aircraft.

     21. The use of weapons to kill is carried out after warning shots.

     22. The commander of the crew of the intercepting aircraft of the Armed Forces of the Republic of Kazakhstan immediately reports on the use of weapons and actions of the intercepted aircraft used by terrorists to the control center, the head of which reports to the operational headquarters for the anti-terrorist operation.

     23. During the anti-terrorist operation, if an intercepted aircraft used by terrorists does not respond to a warning shot, lethal weapons are used based on the decision of the head of the anti-terrorist operation.

     24. The commander of the crew of the intercepting aircraft of the Armed Forces of the Republic of Kazakhstan before using weapons to kill:

     1) provides internationally accepted signals to the intercepted aircraft used by terrorists from a distance that allows the intercepted aircraft used by terrorists to see or hear such signals;

     2) immediately report to the control authority on each case and circumstances of the use of weapons and military equipment and the actions of the intercepted aircraft used by terrorists.

     25. In difficult weather conditions, the intercepting aircraft is brought into the rear hemisphere at an optimal range close to the effective range of missile weapons, so that the attack is carried out in the shortest possible time. At this range, with a decrease (excess) of 300 meters relative to the target, it is escorted over its territory until an appropriate decision is made.

     26. Weapons and military equipment are not used to kill:

     if, due to unfavorable hydrometeorological conditions, the safety of other aircraft located in the area is not ensured.;

     if there is reliable information that there are passengers and other persons not involved in terrorist acts on the intercepted aircraft used by terrorists, and if the flight of the aircraft used by terrorists does not pose a threat to the security of the Republic of Kazakhstan, the lives and safety of people and strategic facilities on its territory.

     27. During the anti-terrorist operation, if it is impossible to use weapons and military equipment to defeat intercepting aircraft, by decision of the head of the anti-terrorist operation, the intercepted aircraft used by terrorists is destroyed by other forces and means of the Armed Forces of the Republic of Kazakhstan, in the zone of destruction of which it is located.

The procedure for the use of weapons and military equipment in suppressing acts of terrorism in the internal waters, in the territorial sea, in the aquatic environment above the continental shelf of the Republic of Kazakhstan

     28. When suppressing an act of terrorism, weapons and military equipment of the Armed Forces of the Republic of Kazakhstan are used if:

     1) watercraft do not respond to commands and (or) signals to stop violating the rules for the use of the water space (underwater environment) of the Republic of Kazakhstan or refuse to comply with the requirements for stopping (surfacing and stopping), in order to force the watercraft to stop in order to eliminate the threat of an act of terrorism;

     2) the watercraft does not comply with the requirements for stopping (surfacing and stopping) and (or) it is impossible to force it to stop (surfacing and stopping), and at the same time all measures necessary to stop it have been exhausted due to the prevailing circumstances, and there is a real danger of loss of life or the onset of a man-made or environmental disaster, in order to prevent movement watercraft by destroying it.

     29. Upon receiving information about the watercraft seized by terrorists, or used or planned to be used in an act of terrorism, the operational duty officer of the GKP of the Naval Forces (hereinafter referred to as the Navy) The Armed Forces of the Republic of Kazakhstan gives instructions to go to sea or notify ships on duty.

     30. Operational Duty Officer of the Naval Base Command Post (hereinafter referred to as the Naval Base) The Navy of the Armed Forces of the Republic of Kazakhstan, when performing tasks by the forces and means of the Naval Forces of the Navy of the Armed Forces of the Republic of Kazakhstan to eliminate the threat and suppress acts of terrorism at marine economic activities within the internal waters, territorial sea, aquatic environment above the continental shelf of the Republic of Kazakhstan, as well as to ensure the safety of navigation:

     1) manages the actions of warships tasked with conducting inspections of watercraft seized by terrorists, or used or planned to be used in an act of terrorism;

     2) carries out communication and information exchange with operational duty officers of the Regional Coast Guard Department of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan, units and subdivisions of intelligence agencies, control points of the ship traffic management system of seaports and objects of maritime economic activity of the Republic of Kazakhstan;

     3) immediately reports on all actions to the operational duty officer of the Naval State Command of the Armed Forces of the Republic of Kazakhstan.

     31. The threat of committing an act of terrorism is determined on the basis of information received from the posts of the coastal surveillance and communication system for the surface (underwater) situation, warships and other vessels at sea, about:

     1) the motion parameters of the watercraft;

     2) violation by a watercraft of the boundaries of areas prohibited for swimming and temporarily dangerous for swimming and failure to comply with the requirements for stopping (surfacing and stopping);

     3) the sudden appearance of a watercraft within the boundaries of areas prohibited for swimming and temporarily dangerous for swimming;

     4) detection of submarines and other underwater vehicles that have entered (are staying) within the internal waters and territorial sea of the Republic of Kazakhstan not in a surface position.

     32. The use of weapons is carried out in the form of firing warning shots and using weapons to kill.

     33. Warning shots are fired by firing ahead of the course of the watercraft in order to force it to stop (ascent and stop).

     34. When firing warning shots, the crew of a warship (aircraft) takes measures to ensure their own safety in case of retaliatory fire.

     35. The use of small arms for the production of warning shots by warships is allowed only in extreme cases when the use of artillery weapons is difficult or impossible.

     36. During the production of small arms warning shots by warships:

     1) shooting is carried out in a direction that provides visual (visual) observation of such shooting from a stopped watercraft;

     2) the fire is conducted by tracer bullets, bursts.

     37. The use of weapons to kill is carried out after warning shots. If possible, the fire is directed at the aft part of the watercraft in order to stop its movement. The commander of the military ship (aircraft) of the Armed Forces of the Republic of Kazakhstan immediately reports to the command post on the use of weapons and the actions of the watercraft.

     38. The choice of specific types of weapons, methods of their use and their proper management are carried out by the commander of the warship (aircraft).

     39. Weapons of warships (aircraft) The Armed Forces of the Republic of Kazakhstan are used to stop (stop movement) surface and underwater watercraft, including unmanned ones, by damaging them, in cases where they fail to comply with the requirement to stop or change course, when the cessation of violations or their detention cannot be carried out by other means.

     40. In the event that due to unfavorable hydrometeorological conditions, the safety of other watercraft and aircraft located in the area is not ensured, weapons and military equipment are not used to kill.

President    

Republic of Kazakhstan     

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