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Article 72. Conditions and limits of the use of weapons and military equipment, special equipment, service animals and physical force The Law On the State Border of the Republic of Kazakhstan
1. Military personnel of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan and the Armed Forces of the Republic of Kazakhstan within the border area have the right to carry, store, and use weapons and special means, as well as may use military equipment, service animals, and physical force.
2. Military personnel of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan are required to undergo special training, annual verification of their suitability for action in conditions involving the use of weapons and military equipment, special equipment, service animals and physical force.
3. Military personnel of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan, the Armed Forces of the Republic of Kazakhstan, when protecting the State Border in cases of necessary defense and extreme necessity or when detaining a person who has committed an offense, in the absence of standard weapons and special means or the ability to use them, have the right to use any improvised means.
4. In cases where the Border Guard Service of the National Security Committee of the Republic of Kazakhstan is involved in events conducted by special state and law enforcement agencies of the Republic of Kazakhstan, weapons and military equipment, special equipment, service animals and physical force are used in accordance with the regulatory legal acts of the Republic of Kazakhstan regulating the activities of the initiator of the event.
5. It is prohibited to use weapons and military equipment, special equipment, service animals and physical force against women, persons with obvious signs of disability and minors, except in cases where there is a real threat to the health and life of citizens, military personnel, as well as when they commit an armed or group attack, armed resistance, hostage-taking, facilities, vehicles, including aircraft and ships.
6. The use of weapons and military equipment is also prohibited.:
1) on surface, underwater, aircraft, aircraft and vehicles on ice, as well as other vehicles with passengers, if they do not pose a real threat to the national security of the Republic of Kazakhstan;
2) in relation to persons who have illegally crossed or are trying to cross the State Border unintentionally, due to an accident or the impact of irresistible forces of nature;
3) in relation to wild and domestic animals that have crossed or are trying to cross the State Border.
7. In all cases of the use of weapons and military equipment, special equipment, service animals and physical force, military personnel of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan and the Armed Forces of the Republic of Kazakhstan are required to take measures to ensure the safety of others and provide emergency medical care to victims.
8. Military personnel of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan and the Armed Forces of the Republic of Kazakhstan are not responsible for moral, material and physical harm caused in connection with the use of weapons and military equipment, special equipment, service animals and physical force in cases provided for by this Law, including damage caused as a result of:
1) dangerous or unexpected maneuvering of vehicles and (or) actions of offenders;
2) changes in the trajectory of bullets (projectiles) due to their ricochet;
3) destruction or damage of violators' vehicles.
9. In each case of the use of weapons and military equipment, special means, service animals and physical force in suppressing violations of the regimes established in the border area, the relevant prosecutor is informed no later than twelve hours.
10. Other authorized bodies in the field of State border protection use weapons and military equipment, special equipment, service animals and physical force in accordance with the laws of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated January 16, 2013 No. 70-V.
This Law regulates public relations in the field of protection of the State border of the Republic 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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