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On the ratification of the Charter of the Collective Security Treaty Organization

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Charter of the Collective Security Treaty Organization

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 447.

      To ratify the Charter of the Collective Security Treaty Organization, signed in Kishenev on October 7, 2002.  

President  

 

 

Republic of Kazakhstan  

 

 

 

Charter of the Collective Security Treaty Organization (Entered into force on September 18, 2003 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 8, art. 46)  

      The States parties to the Collective Security Treaty of May 15, 1992 (hereinafter referred to as the Treaty),  

      acting in strict accordance with its obligations under the UN Charter, the decisions of the UN Security Council, guided by the generally recognized principles of international law;  

      Striving to create favorable and stable conditions for the comprehensive development of the States parties to the Treaty and ensuring their security, sovereignty and territorial integrity;  

      Reaffirming its commitment to the objectives and principles of the Treaty and the international treaties and decisions adopted within its framework;  

      Determined to further develop and deepen military-political cooperation in the interests of ensuring and strengthening national, regional and international security;  

      Aiming to continue and strengthen close and comprehensive allied relations in the foreign policy, military and military-technical fields, as well as in countering transnational challenges and threats to the security of States and peoples;  

      guided by the intention to improve the efficiency of activities within the framework of the Agreement,  

      have agreed on the following:  

Chapter I Establishment of an Organization Collective Security Treaty

Article 1  

     The States Parties to the Treaty establish the international regional Collective Security Treaty Organization (CSTO), hereinafter referred to as the Organization.

     The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Article 2  

      The provisions of the Treaty and the international treaties and decisions of the Collective Security Council adopted in its development are binding on the Member States of the Organization (hereinafter referred to as the Member States) and the Organization itself.  

Chapter II Objectives and principles

Article 3  

      The objectives of the Organization are to strengthen peace, international and regional security and stability, and to protect on a collective basis the independence, territorial integrity and sovereignty of the Member States, which the Member States prioritize through political means.  

Article 4  

      In its activities, the Organization cooperates with non-member States and maintains relations with international intergovernmental organizations active in the field of security. The Organization promotes the formation of a just, democratic world order based on universally recognized principles of international law.  

Article 5  

      The Organization operates on the basis of strict respect for independence, voluntary participation, equality of rights and obligations of the Member States, and non-interference in matters falling under the national jurisdiction of the Member States.  

Article 6  

      This Charter does not affect the rights and obligations of the Member States under other international treaties to which they are parties.  

Chapter III Areas of activity

Article 7  

     In order to achieve the goals of the Organization, the Member States shall take joint measures to form an effective collective security system within its framework, ensuring collective protection in the event of a threat to security, stability, territorial integrity and sovereignty and the exercise of the right to collective defense, including the creation of coalition (collective) forces of the Organization, regional (united) groupings of troops (forces), peacekeeping forces, joint systems and their governing bodies, and military infrastructure. The Member States also cooperate in the areas of military-technical (military-economic) cooperation, providing the armed forces, law enforcement agencies and special services with the necessary weapons, military, special equipment and special means, training military personnel and specialists for the national armed forces, special services and law enforcement agencies.

     The Member States shall decide on the deployment of troops (forces) and military infrastructure facilities of non-member States on their territories after urgent consultations (coordination) with other Member States.

     The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Article 8  

     The Member States coordinate and combine their efforts in the fight against international terrorism and extremism, illicit trafficking in narcotic drugs and psychotropic substances, weapons, organized transnational crime, illegal migration and other threats to the security of the Member States.

     The Member States shall take measures to establish and operate a crisis response system within the Organization that threatens the security, stability, territorial integrity and sovereignty of the Member States.

      The Member States cooperate in the areas of protection of State borders, information exchange, information security, biological safety, protection of the population and territories from natural and man-made emergencies, as well as from hazards arising during or as a result of military operations.  

     The Member States carry out their activities in these areas, including in close cooperation with all interested States and international organizations, with the United Nations playing a leading role.

     The footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2); dated 05.01.2024 No. 53-VIII.  

Article 9  

      The Member States coordinate and coordinate their foreign policy positions on international and regional security issues, including through the Organization's consultative mechanisms and procedures.  

Article 10  

      The Member States shall take measures to develop the legal framework governing the functioning of the collective security system and to harmonize national legislation on defense, military construction and security.  

Chapter IV Organs of the Organization

Article 11  

      The organs of the Organization are:  

      a) The Collective Security Council (hereinafter referred to as the Council);  

      b) The Council of Foreign Ministers (hereinafter referred to as the Council of Ministers of Foreign Affairs);  

      c) The Council of Defense Ministers (hereinafter referred to as CFR);  

     d) The Committee of Secretaries of the Security Councils (hereinafter - KSSB);

     e) The Permanent Council.

     The permanent working bodies of the Organization are the Secretariat of the Organization (hereinafter referred to as the Secretariat) and the Joint Headquarters of the Organization (hereinafter referred to as the Joint Headquarters).

     The body of interparliamentary cooperation is the Parliamentary Assembly of the Organization.

     The functions and working procedures of the above-mentioned bodies are regulated by this Charter, as well as other regulatory legal acts of the Organization.

     The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Article 12  

      Decisions of the Council, the Council of Foreign Ministers, the CFR and the KSSB on issues other than procedural ones are taken by consensus.  

      Each Member State has one vote in the voting. The voting procedure, including on procedural issues, is regulated by the Rules of Procedure of the Organization's bodies, approved by the Council.  

     The decisions of the Council and the decisions of the Council of Foreign Ministers, CFR and KSSB taken in their execution are binding on the Member States and are executed in accordance with the procedure established by national legislation.

     The Council has the right to take decisions in a limited format, provided that none of the Member States objects to such a decision-making procedure. A decision in a limited format may be taken if none of the Member States objects to such a decision.

     A Member State that has not voted for the adoption of a decision in a limited format is not responsible for the consequences of the decision.

     The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Article 13  

      The Council is the highest body of the Organization.  

      The Council considers the fundamental issues of the Organization's activities and makes decisions aimed at achieving its goals and objectives, as well as ensures coordination and joint activities of the Member States to achieve these goals.  

     The Council consists of the heads of the Member States or the Heads of Government of the Member States, if, in accordance with the legislation of their State, they are authorized to make decisions on issues within the competence of the Council.

      Ministers of Foreign Affairs, Ministers of Defense, Secretaries of the Security Councils of the Member States, the Secretary General of the Organization, Permanent and Plenipotentiary Representatives of the Member States to the Organization (hereinafter referred to as Permanent Representatives) and invited persons may participate in the meetings of the Council.  

      The Council has the right to establish on a permanent or temporary basis the working and subsidiary bodies of the Organization.  

      The Chairman of the Council (hereinafter referred to as the Chairman) is a member of the Council representing the State in whose territory the regular session of the Council is being held, unless the Council decides otherwise. His rights and duties are reserved for him for the period until the next regular session of the Council.  

     If the Chairman is unable to perform his functions, a new Chairman is elected for the remainder of the period.

Article 14  

      The Council of Ministers of Foreign Affairs is the advisory and executive body of the Organization for the coordination of cooperation between Member States in the field of foreign policy.  

Article 15  

      The CFR is an advisory and executive body of the Organization for the coordination of cooperation between Member States in the field of military policy, military construction and military-technical cooperation.  

Article 16  

     The KSSB is an advisory and executive body of the Organization for the coordination of cooperation between Member States in the field of ensuring their national security.

Article 161

     The Permanent Council is the coordinating body of the Organization, which, between Council sessions, deals with issues of cooperation within the Organization and, together with the permanent working bodies of the Organization, ensures the implementation of decisions taken by the Council, the Council of Foreign Ministers, the CFR and the KSSB.

     The Permanent Council consists of Permanent Representatives appointed by the Heads of the Member States in accordance with their domestic procedures, and acts in accordance with the Regulations approved by the Council.

     The footnote. The Charter was supplemented by Article 161 in accordance with the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Chapter V The Secretary General. Permanent working bodies of the Organization

Article 17

     The Secretary General of the Organization (hereinafter referred to as the Secretary General) is the highest administrative official of the Organization. The Secretary General manages the Secretariat, as well as coordinates the activities of the permanent working bodies of the Organization.

     The Secretary General is appointed by a decision of the Council for a period of three years on the recommendation of the Council of Ministers of Foreign Affairs from among the citizens of the Member States. The decision on early termination of the powers of the Secretary General is made by the Council on the recommendation of the Council of Ministers of Foreign Affairs.

     The Secretary General is accountable to the Council and participates in meetings of the Council, the Council of Foreign Ministers, the CFR, the KSSB and the Permanent Council.

     The Secretary-General coordinates the development and coordination of draft documents submitted for consideration by the Organization's bodies, represents the Organization in relations with other non-member States, international organizations, and the media, and maintains working contacts with them.

     The Secretary-General is the depositary in respect of this Charter, other international treaties concluded within the framework of the Organization and accepted documents.

     The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 05.01.2024 No. 53-VIII.  

Article 18

     The Secretariat provides organizational, informational, analytical and advisory support for the activities of the Organization's bodies.

     The Secretariat, in cooperation with the Permanent Council, prepares draft decisions and other documents of the Organization's bodies.

     The Secretariat is formed from among the citizens of the Member States on a quota basis (officials) in proportion to the contributions of the Member States to the budget of the Organization and citizens of the Member States hired on a competitive basis under a contract (employees).

     The functions, the order of formation and the work of the Secretariat are determined by the relevant Regulations approved by the Council.

     The seat of the Secretariat is the city of Moscow, Russian Federation. The conditions of the Secretariat's stay in the territory of the Russian Federation are regulated on the basis of the relevant international agreement.

Article 181

     The Joint Staff provides organizational, information and analytical support for the activities of the CFR, is responsible for preparing proposals on the military component of the Organization, organizing and coordinating, in cooperation with the military authorities of the Member States, the practical implementation of decisions of the Organization's bodies on issues of military cooperation within its competence.

     The Joint Staff is staffed by military personnel of the Member States on a quota basis in proportion to the contributions of the Member States to the budget of the Organization and citizens of the Member States hired on a competitive basis under a contract.

     The tasks, functions, structure, composition and organizational foundations of the Joint Staff are determined by the relevant regulations approved by the Council.

     The location of the Joint Headquarters is the city of Moscow, Russian Federation. The conditions of stay of the Joint Staff on the territory of the Russian Federation are regulated on the basis of the relevant international agreement.

     The footnote. Chapter 5 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Chapter VI Membership

Article 19  

      Any State may become a Member of the Organization that shares its goals and principles and is ready to assume the obligations contained in this Charter and other international treaties and decisions in force within the Organization.  

      The decision on admission to the Organization is made by the Council.  

      Any Member State has the right to withdraw from the Organization. After settling its obligations within the Organization, such a State shall send to the depositary of the Charter an official notification of withdrawal no later than six months before the date of withdrawal.  

      The procedure for admission and exit from the Organization is determined by the relevant Regulations approved by the Council.  

Article 20  

      In case of non-compliance by a Member State with the provisions of this Charter, decisions of the Council and decisions of other bodies of the Organization adopted in their execution, the Council may suspend its participation in the activities of the bodies of the Organization.  

      If a Member State continues to fail to fulfill these obligations, the Council may decide to expel it from the Organization.  

      Decisions on these issues in respect of such a Member State shall be taken without regard to its vote.  

      The procedure for suspending the participation of a Member State in the activities of the Organization's bodies or expelling it from the Organization is determined by the relevant Regulation approved by the Council.  

Chapter VII Observers and Partners

      The footnote. Chapter VII - as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 319-VI (for the procedure of entry into force, see paragraph 2).

Article 21

     States that are not members of the Organization, as well as international organizations interested in studying the open regulatory framework, experience and practice of the Organization's activities without committing to participate in practical activities of the Organization, may receive Observer status with the Organization.

     The Observer status at the Organization, the procedure for obtaining and terminating it are determined by the relevant regulations approved by the Council.

Article 211

     States that are not members of the Organization, as well as international organizations that share the goals and principles of the Organization and wish to establish and develop mutually beneficial cooperation relations with the Organization in areas of mutual interest, with commitments to participate in practical activities of the Organization, may receive the status of an Organization's Partner.

     The status of the Organization's Partner, the procedure for obtaining and terminating it are determined by the relevant regulations approved by the Council.

Chapter VIII Legal capacity, privileges and immunities

Article 22  

      The Organization enjoys in the territory of each Member State the legal capacity necessary for the realization of its goals and objectives.  

      The Organization may cooperate with non-member States, maintain relations with international intergovernmental organizations active in the field of security, and conclude international treaties with them aimed at establishing and developing such cooperation.  

      The organization enjoys the rights of a legal entity.  

Article 23  

      The privileges and immunities of the Organization are determined by the relevant international treaty.  

Chapter IX Financing

Article 24  

     The activities of the permanent working bodies of the Organization are financed from the budget of the Organization.

     Extra-budgetary funds (other than borrowed funds) may be attracted to support the Organization's activities, the procedure for the formation and use of which is determined by the relevant regulations approved by the Council.

      The budget of the Organization is formed from the contributions of the Member States approved by the Council.  

      The Organization's budget cannot have a deficit.  

      The draft budget of the Organization for each fiscal year is developed by the Secretariat in coordination with the Member States in accordance with the Regulations on the Procedure for the Formation and Execution of the budget of the Organization. The Organization's budget is approved by the Council.  

      The regulation on the procedure for the formation and execution of the budget of the Organization is approved by the Council.  

      The Member States shall independently bear the costs associated with the participation of their representatives and experts in meetings, meetings of the Organization's bodies and other events held within the framework of the Organization, as well as the costs associated with the activities of the Plenipotentiaries.  

     The footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 28.11.2011 No. 499-IV (for the procedure of entry into force, see paragraph 2).  

Article 25  

      In the event that Member States fail to fulfill their obligations to repay debts to the Organization's budget within two years, the Council decides to suspend the right to nominate citizens of this State to quota positions within the Organization, as well as to deprive them of the right to vote in the Organization's bodies until the debt is fully repaid.  

Chapter X Final provisions

Article 26  

      This Charter is subject to ratification and shall enter into force on the date on which the signatory States have deposited the last written notification of ratification with the depositary.  

      The Depositary shall notify the signatory States of the receipt of each notification of ratification.  

Article 27  

Amendments and additions may be made to this Charter with the general consent of the Member States, which are formalized in separate Protocols.  

      The Protocols on amendments and additions to the Charter are an integral part of it and come into force in accordance with the procedure established by Article 26 of this Charter.  

      Reservations to the Charter are not allowed.  

      Any disputes regarding the interpretation and application of the provisions of this Charter shall be resolved through consultations and negotiations between the Member States concerned. In case of failure to reach an agreement, the dispute is referred to the Council for consideration.  

Article 28  

      The official and working language of the Organization is Russian.  

Article 29  

      This Charter is registered with the United Nations Secretariat in accordance with the provisions of Article 102 of the Charter of the United Nations.  

      Done in Chisinau on October 7, 2002, in one original copy in Russian. The original copy shall be kept by the depositary, who shall send a certified copy to each signatory State.  

For the Republic of Armenia

For the Kyrgyz Republic

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Republic of Tajikistan

 

      I hereby certify that this text is a true copy from a certified copy of the Charter of the Collective Security Treaty Organization dated October 7, 2002.  

Head of Department  

 

 

International law  

 

 

Department of the Ministry of Foreign Affairs of Kazakhstan  

 

 

 

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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