On the Rights of a Child in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 8 August 2002 No. 345

Unofficial translation

      Footnote. Throughout the whole text, the words “Legislative acts” are substituted respectively by the words “Laws” by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      The Law regulates relations arising due to implementation of basic rights and legal interests of a child guaranteed by the Republic of Kazakhstan proceeding from the principles of priority of preparing children to full life in society, their development of social important and creative activity, development of high moral qualities, patriotism and civic consciousness, formation of the national consciousness on the basis of universal human values of the word civilization.
      Footnote. The Preamble as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:
      1) a child being left without custody of parents – a child who left without custody of only one or both parents due to their restriction or deprivation of their parental rights, recognition of parents as missing, declaring their as deceased, recognition of incapable (partially capable), service of sentence in the places of deprivation of freedom by parents, evading from nurturing of a child or from protection of his (her) rights and interests, as well as upon refusal of parents to take their child from fostering or medical institutions, as well as in other cases of absence of parental custody;
      2) a child – a person under eighteen years of age (majority age);
      3) organizations carrying out the functions on protection of rights of a child – organizations carrying out social assistance, rendering of social, medical and social, social and pedagogical, psychology and pedagogical, legal services and material assistance, social rehabilitation of children being in difficult real-life situation, promotion of employment of such children upon their reaching employable age;
      4) social rehabilitation of a child – measures on restoration of social communications and functions lost by a child, replenishment of life support environment, strengthening of his care;
      5) social adaptation of a child – process of active adjustment of a child being in a difficult real-life situation to conditions of social environment by acquisition and perception of values, rules and norms of behavior accepted in society, as well as process of overcoming the consequences of psychological and (or) moral injury;
      6) legal representatives of a child – parents, adopters, trustee, guardian, patronage educator, other persons substituting them carrying care, education, nurturing, protection of rights and interests of a child in accordance with the legislation of the Republic of Kazakhstan;
      7) economic exploitation of a child – the worst forms of child labour, as well as trafficking of minor children, their involvement in criminal activity or in commission of anti-social actions, prostitution, production of indecent prints or participation of minor children in entertainment events of pornographic character, as well as labour committed by children under minimal age for acceptance for employment established by the Laws of the Republic of Kazakhstan;
      8) orphan-child – a child whose only one or both parents are died;
      9) trusteeship – legal form of protection of the rights and legal interests of children at the age from fourteen to eighteen years;
      10) custody – legal form of protection of the rights and legal interests of children under fourteen years;
      11) state minimal social standards – basic indices of ensuring life quality of children including minimal volume of social services, norms and normative standards established by the state;
      12) disabled child – a person at the age up to eighteen years having deterioration of health with steady functional disturbance of organism, conditioned by diseases, injuries, their consequences, defects, leading to restriction of life-sustaining activity and necessity of his (her) social protection;
      13) foster care – form of nurturing upon which a child who left without custody of parents shall be transferred for a care in a family of citizens under the contract concluded by the authorized state body and a person (patronage educator) who expressed a wish to take a child for care;
      Note of RCLI!
      Subparagraph 14) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (shall be enforced from 01.01.2015).
      14) children being in difficult real-life situation – children, life-sustaining activity of which is violated in the result of existing circumstances and who are not able to overcome these circumstances on an independent basis or with the aid of a family.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Force of the Law

      1. Force of the Law shall apply to citizens of the Republic of Kazakhstan. Child who is not a citizen of the Republic of Kazakhstan shall enjoy the rights and freedoms in the Republic, as well as incur obligations established for citizens, unless otherwise provided by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
      2. Force of the rules of the Law establishing the rights and obligations of a child shall apply to children that acquired civil legal capability in a full measure until attainment of majority age in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 3. Legislation of the Republic of Kazakhstan on the rights of a child

      1. The Legislation of the Republic of Kazakhstan on the rights of a child are based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan in the field of protection of the rights of a child.
      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied with the exception of cases when it follows that issuance of the Law of the Republic of Kazakhstan is required for its applying.

Article 4. Legal equality of children

      1. All the children shall have equal rights independently of origin, race and national identity, social and material position, gender, language, education, relation to religious, residence place, health condition and other circumstances concerning a child and his (her) parents or other legal representatives.
      2. Children born as in marriage, so out of a marriage shall enjoy equal and comprehensive protection.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Prohibition of restricting rights of a child

      Rights of a child may not be restricted, with the exception of cases established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. State policy in favor of children

Article 6. Purposes of state policy in favor of children

      1. Purposes of state policy of the Republic of Kazakhstan in favor of children are:
      1) ensuring of rights and legal interests of children, non-admission of their discrimination;
      2) strengthening of basic guarantees of rights and legal interests of children, as well as restoration of their rights in case of violations;
      3) formation of legal grounds for guarantees of rights of a child, creation of the relevant bodies and organizations on protecting rights and legal interests of a child;
      4) assistance for physical, intellectual, spiritual and moral development of children, patriotic, civic consciousness and peacefulness education, as well as implementing a personality of a child in favor of society, traditions of the people of the state, achievements of national and world culture;
      5) ensuring of purposeful work on formation of legal sense and legal culture of a minor child.
      2. State policy in favor of children is a priority field of activity of state bodies and is based on:
      1) legislative ensuring of the rights of a child;
      2) state assistance of a family for the purpose of ensuring of full nurturing of children, protection of their rights, their preparation for full life in society;
      3) establishment and compliance with state minimal social standards oriented to improvement of life of children in recognition of regional special aspects;
      4) responsibility of civil servants, citizens for violation of rights and legal interests of a child, infliction of harm to him (her);
      5) state assistance of public associations and other organizations carrying out the functions on protection of rights and legal interests of a child.

Article 7. Powers of central and local executive bodies of the Republic of Kazakhstan on the issues of protection of the rights of a child in the state

      1. Powers of central executive bodies on ensuring the guarantees of the rights of a child shall include:
      1) development of the basis of state policy in favor of children;
      2) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      3) adoption of regulatory legal acts on regulating and protecting the rights and freedoms of a child within the competence;
      4) establishment of state minimal social standards oriented to improvement of life of children;
      5) carrying out of measures on implementing state policy in favor of children at the expense of budget means and other sources not prohibited by the legislation of the Republic of Kazakhstan;
      6) fulfillment of international obligations of the state and representation of interests of the state in international organizations on the issues of protecting the rights of a child;
      7) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      8) development and approval of the forms of compulsory departmental reporting, prompt sheets, risk assessment criteria, semi-annual plans of conducting verifications in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      9) carrying out of other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. (Is excluded)
      3. Powers of local executive bodies on carrying out the guarantees of the rights of a child shall include:
      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) participation in formation of social infrastructure for children;
      3) determination of the procedure for informing and conducting advices, carrying out of measures on protection of rights and legal interests of a child;
      4) carrying out of measures on implementing state policy in favor of children in the field of nurturing, education, public health service, science, culture, physical culture and sport, social services and social protection of a family determined by the central executive bodies;
      4-1) carrying out of compulsory arrangement of labour and provision of housing for orphaned children, children left without custody of parents in established manner;
      5) carrying out of other powers assigned on local executive bodies by the legislation of the Republic of Kazakhstan in favor of local state management.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 3. Main rights and obligations of a child

Article 8. Right of a child to protection of health

      1. Each child shall have inalienable right to protection of health.
      2. State shall create conditions for mother on protection of her health for ensuring a birth of healthy child.
      3. Right of a child to protection of health shall be ensured by:
      1) adoption of the legislation of the Republic of Kazakhstan in the field of protection of health of a child;
      2) propaganda and stimulation of children’s healthy lifestyle;
      3) state support of scientific researches in the field of protection of health of children;
      4) control of condition of health of a child, his (her) parents and preventive treatment of childhood diseases;
      5) rendering of qualified medical treatment;
      6) creation of favorable environment being required for healthy development of a child;
      7) control of producing and selling food stuff of proper quality for children.
      4. The state shall guarantee gratuitous volume of medical assistance for children in accordance with the legislation of the Republic of Kazakhstan.
      5. Any scientific tests or other experiments with a child inflicting harm to his (her) life, health and normal physical and psychological development shall be prohibited.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Right of a child to individuality and its preservation

      Each child after birth shall be registered in accordance with the Laws of the Republic of Kazakhstan. From the date of birth, he (she) shall have the right to first name, patronymic and last name, nationality and citizenship, and in cases provided by the Laws of the Republic of Kazakhstan, right to their preservation.
      Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Right of a child to life, personal freedom, inviolability of dignity and private life

      1. Each child shall have the right to life, personal freedom, inviolability of dignity and private life.
      2. The state shall ensure personal inviolability of a child, carry out his (her) protection from physical and (or) psychological violence, abusive, rough or degrading treatment, actions of sexual character, involvement in criminal activity and commission of antisocial actions and other types of activity derogating the rights and freedoms of a human and citizen established by the Constitution of the Republic of Kazakhstan.

Article 11. Right of a child to freedom of speech and conscience, information and participation in social life

      1. Each child shall have the right to freedom of speech and expression of own opinion, freedom of conscience, development of own social activity, receipt and distribution of information being relevant to his (her) age, voluntary participation in public associations, as well as in other forms of non-commercial organizations and peaceful meetings permitted by the legislation of the Republic of Kazakhstan.
      2. State bodies shall assist the activity of those public associations that has a purpose to develop personality of children, their creative makings, social activity, scientific, technical and artistic creation, protection of their intellectual property, protection of life and health of children, protection of environment, historical and cultural monuments participated in charity, imparting to participation in cultural and sport life, organization of leisure time.

Article 12. Right of a child to necessary level of living

      1. Each child shall have the right to level of life and conditions being required for full physical, psychological, moral and spiritual development.
      2. The state shall ensure creation of these conditions through the system of social and economic measures.

Article 13. Property rights of a child

      1. A child shall have the right to receive maintenance from his (her) parents and other family members in the manner and amounts established by the Law. The sums owing to a child as alimonies, benefits and other social payments shall be transferred to the ownership of parents (their substituting persons) and shall be spent for maintenance, education and nurturing of a child.
      2. Each child shall have the right to make transactions, have contributions in banks and dispose of earning, scholarship and other incomes and objects of intellectual property right, acquire and carry out other property rights on an independent basis or through his (her) legal representatives in the manner established by the legislation.
      Parents or legal representatives shall have the right to contribute monetary funds appropriated by the state as child allowance or material assistance in the name of a child.
      3. Each child shall have the right of property for incomes received by him (her), property received by him (her) as a gift or in order of succession, as well as for any other property acquired at the expense of a child.
      Child receiving incomes from his (her) own labour shall have the right to participate in expenses on maintenance of family, if he (she) lives with parents.
      Right of a child for disposition of property owing to him (her) on the basis of a right of ownership shall be determined by civil legislation of the Republic of Kazakhstan.

Article 14. Right of a child to dwelling place

      1. Each child shall have the right to dwelling place in accordance with housing legislation of the Republic of Kazakhstan.
      2. Orphan-child, child left without custody of parents, staying in educational, medical and other organizations including the organizations ensuring temporary isolation from society, being under trusteeship or guardianship, under foster care shall reserve the right of ownership to dwelling place or right of using the dwelling place, and in its absence, shall have the right to receiving the dwelling place in accordance with housing legislation of the Republic of Kazakhstan.
      Dwelling place from state housing fund or dwelling place leased by local executive body in a private housing fund shall be reserved for orphaned children, children left without custody of parents for the period of their stay in educational, medical and other organizations, including the organizations ensuring temporary isolation from society, being under trusteeship or guardianship, under foster care – until their attainment of majority age.
      3. Children being left without custody of parents, as well as orphaned children may not be dispossessed from dwelling place occupied by them without provision of other dwelling place.
      4. Reservation of a right of ownership to dwelling place or right of using the dwelling place of children mentioned in paragraph 2 of the Article shall be ensured by local executive bodies.
      5. Making transactions on alienation, as well as exchange or grant of dwelling place belonging to an orphan-child, a child being left without custody of parents not attained the age of fourteen years, or conclusion of contract of guarantee, transactions on delivery of dwelling place in uncompensated use or in gage, transactions leading refuse from the rights to succession belonging to him (her) according to the Law, will, division of their dwelling place or apportionment of participatory share from it shall not be allowed.
      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 126-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14-1. Ensuring of preservation of dwelling place belonging to orphaned children, children being left without custody of parents

      1. Local executive bodies shall:
      1) register and carry out control of preservation of dwelling place belonging to orphaned children, children being left without custody of parents;
      2) ensure preservation of dwelling place belonging to orphaned children, children being left without custody of parents until their arrangement under trusteeship or guardianship, under foster care in educational medical and other organizations;
      3) establish custody of dwelling place belonging to orphaned children, children being left without custody of parents.
      2. Legal representatives of a child shall ensure preservation of dwelling place belonging to orphaned children, children being left without custody of parents.
      Legal representatives of a child may let the dwelling place belonging to orphaned children, children being left without custody of parents on lease (sublease) with the agreement of body carrying out the functions on trusteeship or guardianship, on the basis of standard form contract approved by the Government of the Republic of Kazakhstan.
      Money received under residential lease (rental) agreement shall be subject to crediting on bank account of orphaned children, children being left without custody of parents.
      Rules of preservation of dwelling place belonging to orphaned children, children being left without custody of parents shall be approved by the Government of the Republic of Kazakhstan.
      Rules of preservation of dwelling place belonging to orphaned children, children being left without custody of parents shall include the procedure for:
      1) registering dwelling place of orphaned children, children being left without custody of parents;
      2) appointment of trusteeship of dwelling place belonging to orphaned children, children being left without custody of parents;
      3) leasing (renting) of dwelling place belonging to orphaned children, children being left without custody of parents;
      4) carrying out of control of fulfilling the obligation on preservation of dwelling place belonging to orphaned children, children being left without custody of parents by legal representatives of a child.
      3. Civil servants of local executive bodies and legal representatives of a child shall bear responsibility provided by the Laws of the Republic of Kazakhstan for non-fulfillment of obligation on preservation of dwelling place belonging to orphaned children, children being left without custody of parents.
      Footnote. Chapter 3 is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 NO. 126-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Right of a child to education

      1. Each child shall have the right to education and he (she) shall be guaranteed by receipt of gratuitous basic, main secondary and general secondary education and on a competitive basis – gratuitous technical and professional, post-secondary and higher education in accordance with the legislation of the Republic of Kazakhstan on education.
      2. Expel of a child from the state educational institution before receipt of gratuitous general secondary education or technical and professional education besides compliance with general procedure for expelling may be conducted only upon notifying the bodies of trusteeship and guardianship.
      3. Additional funds shall be appropriated for children with disabilities being in need of special pedagogical approaches guaranteeing receipt of education at the level of established standards from the state budget.
      4. State shall bear costs fully or partially for maintenance of children being in need of social protection during the period of their receipt of education. Amounts and sources of social assistance during their receipt of education shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article2).

Article 16. Right of a child to freedom of labour

      1. Each child shall have the right to freedom of labour, free choice of business occupation and profession.
      2. From the age of fourteen years, children shall have the right to participate in socially useful labour at the time free from study under permission of parents being available for them on health condition and development, not harming to physical, moral and psychic condition of a child, as well as shall have the right to obtain profession. This right shall be ensured by employment service and bodies of local state management.
      3. Procedure for conclusion and dissolution of labour agreement and other special aspects of regulating the labour of employees under the age of eighteen years shall be established by labour legislation of the Republic of Kazakhstan.
      4. Acceptance or engagement of a child for performance of any work that may be dangerous for his (her) health or may be an obstacle in receipt of his (her) education or may cause damage to his (her) health and physical, mental, spiritual, moral and social development shall be prohibited.
      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 15.05.2007 No. 253; dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-1. Right of a child on protection from economic exploitation

      Each child shall have the right to protection from economic exploitation.
      Footnote. The Law is supplemented by Article 16-1 in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 17. Right of a child to state assistance

      1. State assistance shall be appointed to each child having the right to its receipt. Amount, conditions and procedure for rendering of state assistance shall be established by the legislation of the Republic of Kazakhstan.
      2. Children being left without custody of parents, as well as orphaned children shall be in full state security in accordance with the legislation of the Republic of Kazakhstan.
      3. State bodies shall ensure equal material and other conditions independently from the form of trusteeship or guardianship to each child being left without custody of parents.

Article 18. Establishment of state minimal social standards

      1. State policy in behalf of children shall be carried out on the basis of state minimal social standards.
      2. State minimal social standards shall include established minimal volume of social services on:
      1) guaranteed, publicly available gratuitous basic, main secondary and general secondary education and on gratuitous technical and professional, post-secondary and higher education on a competitive basis in accordance with the state educational order;
      2) gratuitous medical maintenance of children, their food supply in accordance with minimal food standards;
      3) guaranteed ensuring of a right tooccupational guidance, choice of the scope of activity, arrangement of labour, protection of labour, payment of labour for children upon their attainment of fifteen years of age in the manner established by the legislation of the Republic of Kazakhstan;
      4) social service, social protection of children, as well as ensuring of guaranteed material support by paying state benefits to citizens having children due to their birth and nurturing, as well as measures on social adaptation and social rehabilitation of children being in difficult real-life situation;
      5) ensuring of right to dwelling place in accordance with housing legislation of the Republic of Kazakhstan;
      6) organization of health improvement and recreation, as well as for children residing in extreme conditions, as well as in territories being unfavourable in ecological relation and recognized thereof in the manner established by the legislation of the Republic of Kazakhstan;
      7) rendering of qualified legal assistance.
      3. State minimal social standards shall be determined in recognition of regional differences in conditions of their residence. In accordance with the legislation of the Republic of Kazakhstan, bodies of local state management may establish additional social standards.
      4. Children being in the relevant educational organization, special and pedagogic-educational organization, healthcare organization, organization of social service or other institution and organization, shall have the right to periodical conformity assessment of services provided by it to state minimal social standards.
      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article 2).

Article 19. Right of a child to rest and leisure time

      1. Each child shall have the right to rest and leisure time being relevant to his (her) age, health and needs.
      2. Parents or persons substituting them shall ensure living conditions being necessary for maintenance and all-round development of a child in accordance with own abilities and facilities.
      3. State bodies shall constitute and maintain childhealth-improving, sport, creative and other leisure time organizations, camps and health resorts in accordance with the legislation of the Republic of Kazakhstan.
      4. State shall carry out measures on ensuring of a right of children to rest, health-improvement and leisure time.
      5. Conduct of public worship, religious customs, ceremonies and (or) meetings, as well as actions oriented to distribution of religious denomination in child health-improving, sport, creative and other leisure time organizations, camps and health resorts shall not be allowed.
      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Obligations of a child

      Each child shall be obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, respect for the rights, freedom, honor and dignity of other persons, state symbols of the Republic, take care of parents being incapable for work, of preservation of historical and cultural heritage, keep historical and cultural monuments in safe, save nature and treat with due care with natural resources.

Chapter 4. Child and family

Article 21. Right of a child to live and be nurtured in family

      Each child shall have the right to live and be nurtured in family, right to know his (her) parents and other close relatives, right to their care and nurturing, with the exception of cases when this contradicts to his (her) interests.
      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Right of a child in family

      Each child in family shall have personal non-property and property rights established by the Constitution of the Republic of Kazakhstan, this Law and other Laws of the Republic of Kazakhstan.
      Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. State support for families raising children

      State shall render support for families raising children by provision of social assistance in the manner established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Obligations of parents on nurturing of a child, his (her) care and maintenance

      1. Parents or other legal representatives shall be obliged to create conditions of life being necessary for all-round development of a child within their abilities and financial possibilities.
      2. Parents shall be obliged to nurture a child, carry out his (her) care, maintain materially, take care of his (her) welfare, provide dwelling place.

Article 25. Right of child to live with parents

      1. Child shall have the right to joint living with his (her) parents or other legal representatives.
      2. It is prohibited to separate a child from his (her) parents or other legal representatives against the will of the child, parents or legal representatives. Decision on separation shall be adopted only by court in exclusive cases and inasmuch as it is required for the purpose of protection of a child.
      3. Residence place of a child upon separate residence of parents shall be established by the agreement of parents, and in its absence, the dispute between parents shall be solved by court. By this, the court shall consider personal qualities and position of parents, as well as interests and opinion of a child.

Article 26. Right of child to communicate with parents living separately

      1. Child shall have the right to receive information on a parent living separately from him (her), to meetings and communication with him (her), with the exception of cases of existence of a threat for life and health of a child.
      2. Disputes arising due to restriction of rights of a child provided by the Article shall be solved in a judicial proceeding.

Chapter 5. Right of a child being left without custody of parents

Article 27. Trusteeship, guardianship and foster care

      1. Trusteeship, guardianship or foster care shall be established for a child being left without custody of parents for protection of his (her) property and personal non-property rights in accordance with the legislation of the Republic of Kazakhstan.
      2. Trusteeship shall be established for children under fourteen years, and guardianship shall be established for minor children at the age from fourteen to eighteen years.
      3. Local executive bodies are the bodies of trusteeship and guardianship.
      4. Foster care may be established for a child being left without custody of parents, as well as for those staying in educational, medical or other institution in accordance with the legislation of the Republic of Kazakhstan.
      5. In case of establishing trusteeship or guardianship for a child having brothers and sisters, the conditions for their joint living shall be created.
      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28. Adoption

      For the purpose of creating conditions for development and nurturing in a family, a child being left without custody of parents may be transferred for adoption in the manner established by the legislation of the Republic of Kazakhstan.

Article 29. Maintenance and nurturing of a child in educational, medical and other similar institutions

      1. A child being left without custody of parents shall be subject to arrangement in educational, medical and other similar institution upon impossibility to transfer him (her) for nurturing in a family.
      2. Alimonies, benefits and other social payments owing to a child shall be transferred to his (her) banking account and shall be paid in the manner established by the legislation of the Republic of Kazakhstan.
      3. Conditions that are approximate to family conditions shall be created for a child staying in educational, medical and other similar institutions for children being left without custody of parents. Child shall have the right to maintenance, nurturing, education, all-round development, respect for his (her) honor and dignity, ensuring of own interests, conservation of native language, culture, national customs and traditions.
      4. Employees of educational, medical and other similar institutions for children being left without custody of parents that committed anti-pedagogic or unmoral actions in respect of a child staying in mentioned institutions shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.
      5. Protection of the rights and interests of a child staying in educational, medical and other institutions for children being left without custody of parents, assistance in employment shall be carried out by local executive bodies. Orphaned children that lost parents before majority age, and children being left without custody of parents shall be provided by dwelling places from the state housing fund for use in accordance with housing legislation of the Republic of Kazakhstan.
      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2009 No. 185-IV (shall be enforced from 30.08.2009); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Organizations carrying out the functions on protection of the rights of child

      1. Children's home shall accept orphaned children and children being left without custody of parents from their birth until three years. The special department shall be opened in Children’s home for temporary maintenance of children.
      The specialized children’s homes shall accept children with psychic and physical development defects from birth until four years.
      Children with deviant behavior at the age from eleven to eighteen years shall be placed in special educational organizations.
      Orphaned children and children being left without custody of parents at the age from three to eighteen years shall be accepted in boarding school organizations.
      Education boarding school of general type shall accept orphaned children, children being left without custody of parents, as well as children from needy and large families at the age from six to eighteen years that do not have medical alerts for maintenance in organizations of that type. Boarding school organizations shall ensure state guarantees for nurturing, education and maintenance of minor children with provision of a place of residence.
      Boarding house for mentally-retarded children shall accept children being in need of care, medical, domestic servicing and social and labour adaptation at the age from four to eighteen years.
      Children’s village of family type shall accept orphaned children and children being left without custody of parents at the age up to eighteen years. Procedure for acceptance and conditions of maintenance of children in children’s villages of family type shall be determined by the legislation of the Republic of Kazakhstan on children’s villages of family type and youth homes.
      Foster children of children’s villages and graduates of children's homes, boarding schools for orphaned children and children being left without custody of parents at the age from sixteen to twenty three years, with the exception of persons having psychoneurological diseases may undergo social adaptation in Youth homes on the basis of decision of administration of children’s village, children’s home, boarding school for orphaned children and children being left without custody of parents.
      Foster children of children’s villages and graduates of children's homes, boarding schools for orphaned children and children being left without custody of parents at the age from sixteen to twenty three years, with the exception of persons having psychoneurological diseases may undergo social adaptation in Youth houses functioning as separate legal entity on the basis of decision of local executive bodies.
      Adaptation centres for minor children shall accept uncared and street children at the age from three to eighteen years for establishing parents or other legal representatives.
      Organizations of rendering of assistance created in accordance with the Law of the Republic of Kazakhstan “On preventive measures of domestic violence” shall accept children being in difficult real-life situation due to abusive treatment leading to social deadaptation and social deprivation.
      2. Conditions for acceptance and maintenance of children in organizations carrying out the functions on protection of the rights of child insofar as it is not established by the Law shall be determined by provision on these organizations approved by body authorized by the Government of the Republic of Kazakhstan.
      Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2010 NO. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2011 No. 517-IV (shall be enforced from the date of its first official publication); dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 6. Rights of disabled child

Article 31. Rights of disabled child to full life

      1. Disabled child shall have equal rights with healthy children to full life in conditions ensuring his (her) dignity, promoting active inclusion to public life.
      2. Disabled child shall have the right to receive education being relevant to his (her) physical, mental abilities and wishes, to choice business occupation and profession, to participate in creative and public activity.
      3. Disabled children including children with shortage of mental or physical development shall have the right to receive medical and social assistance in specialized children’s organizations.

Article 32. State guarantees in the scope of employment of disabled child

      1. State bodies and bodies of local self-government shall be obliged to create necessary conditions for study, professional training, selection of appropriate work and employment of disabled child in recognition of his (her) health condition, needs and facilities.
      2. The Laws of the Republic of Kazakhstan may establish benefits for individuals and legal entities carrying out the activity on ensuring of employment of disabled children, organization of their professional training and retraining.

Article 33. State assistance for disabled children

      1. State shall carry out complex of medical, legal, social and economic measures oriented to support of disabled children.
      2. State assistance rendered for disabled children shall be established by the Laws of the Republic of Kazakhstan.
      3. Parents and other legal representatives raising disabled child and carrying out his (her) care shall have the right to receive state assistance.

Chapter 7. Child and society

Article 34. Introduction to national and world culture

      1. State shall ensure possibility for children in introduction to history, traditions and spiritual values of people of Kazakhstan and achievements of world culture.
      2. State shall encourage creation of an organization for development of creative and scientific abilities of children, production of cine and video films, television and radio broadcastings, publication of children’s newspapers, magazines and books, ensure their availability in the manner established by the legislation of the Republic of Kazakhstan.
      3. Use of mass media, literature, entertainment and other events peddling pornography, cult of cruelty and violence, offending human dignity, having adverse effect to children and enabling commission of infractions shall be subject to legal prosecution.

Article 35. Child and religious

      1. State shall guarantee non-interference to nurturing of a child based on religious world-view of parents or persons substituting them, compliance with traditions and commission of religious customs with participation of a child beyond the educational, pedagogic, medical and other similar institutions, with the exception of cases when such actions constitute a threat to life and health of the child, violate his (her) rights and restrict the responsibility.
      2. In respect of children under majority age, the religious customs shall be committed with the agreement of parents or persons substituting them.
      Enforcement measures on engagement of children in religion shall not be allowed.

Article 36. Protection of a child from negative effect of social environment

      1. State bodies, individuals and legal entities shall be obliged to protect a child from negative effect of social environment, information, propaganda and agitation inflicting harm to his (her) health, moral and spiritual development.
      2. Propaganda of healthy lifestyle and legal education of children is recognized by the state as one of the most priority direction of own policy.
      Note of RCLI!
      Paragraph 3 is provided to be amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).
      3. Child who overcame physical or psychological injury due to a crime, violation or other illegal action shall be rendered by necessary assistance in restoration of health and social adaptation.
      4. Stay of a child, as well as his (her) access to the entertainment places at night time (from 10 pm to 6 am) without accompanying of legal representatives shall be prohibited.
      5. Stay of a child without accompanying of legal representatives outside dwelling place from 11 pm to 6 am shall be prohibited.
      Footnote. Article 36 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Article 2); dated 29.12.2010 NO. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 37. Protection of a child from adverse effect of alcoholic and tobacco products

      1. Parents, other legal representatives of a child, state bodies, as well as organizations carrying out the functions of nurturing and education of a child shall be obliged to propagate healthy lifestyle and harm of alcoholic and tobacco products.
      2. Sale of alcoholic products, tobacco and tobacco products to a child shall be prohibited.
      3. Employment of children in works or in selling alcoholic and tobacco products shall be prohibited.
      4. Smoking tobacco products, selling tobacco products in sales organization selling products for children and in cultural institutions, as well as during carrying out of measures for children shall be prohibited.
      5. Storage and sale of alcoholic products in buildings and in the territories of public health, educational organizations, health and fitness, sport and sporting technical structures, cultural and leisure organizations shall be prohibited.
      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 18.06.2014 No. 210-V (shall be enforced upon expiry of twenty one calendar days after the date of its first official publication).

      Note of RCLI!
      Article 38 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 38. Protection of a child from narcotic substances, psychotropic, potent or poisonous substances

      1. Child shall be protected from consumption of narcotic substances, psychotropic, potent or poisonous substances, from their production, sale or other distribution.
      2. For incitement of a child to consumption of narcotic drugs, psychotropic substances, the measures of responsibility established by the Laws of the Republic of Kazakhstan shall be applied.

Article 39. Protection of a child from information inflicting harm to his (her) health, moral and spiritual development

      Footnote. Title of Article 39 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Demonstration, sale, giving, multiplication and renting of toys, cine films, audio and video recordings, distribution of literature, newspapers, magazines and other mass media oriented to incitement of race, national, social and religious hatred propagating social class exclusiveness, war, containing call to forcible change of constitutional system and violation of territorial integrity of the Republic of Kazakhstan, pornography or otherwise inflicting harm to spiritual and moral development of a child shall be prohibited.
      2. For commission of actions mentioned in paragraph 1 of this Article, the measures of responsibility established by the Laws of the Republic of Kazakhstan shall be applied.
      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 40. Protection of a child from prostitution

      Involvement of a child in prostitution shall entail responsibility provided by the Laws of the republic of Kazakhstan.
      Footnote. Article 40 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 40-1. Protection of a child from actions on involvement of products inflicting harm to his (her) health, moral and spiritual development in turnover

      Involvement of a child in production, advertising, public demonstration or distribution, as well as sale of printed publications, cine or video materials, pictures, other things or materials of pornographic character, as well as erotic character to a child shall entail responsibility provided by the Laws of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 40-1 in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 41. Prohibition of participation of children in military actions

      Involvement of a child in participation in military actions, military conflicts, creation of children’s military formations shall be prohibited.

Article 41-1. Protection of a child from illegal movement

      The Republic of Kazakhstan shall take measures on prevention and suppression of illegal movement, kidnapping of children, their traffic independently from the purposes, forms and methods of fulfillment, as well as their return to the country of permanent residence.
      Footnote. The Law is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 8. Protection of rights and interests of child protected by the Law

Article 42. Protection of child from illegal movement

      Footnote. Article 42 is excluded by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 43. Legal representatives of child

      1. Legal representatives of a child shall carry out a representation of children and protection of their rights and interests protected by the Law in respect of any persons in all the state bodies and organizations, as well as in courts without special powers on the basis of certificate of birth (or adoption) of a child, passport of parents, identity certificate of a trustee.
      2. Rights and interests of minor children protected by the Law at the age from fourteen to eighteen years shall be protected by their legal representatives with the exception of cases when the legislation of the Republic of Kazakhstan provide the right of a minor child to enter into civil, family, labour and other legal relations and protect own rights and interests on an independent basis.
      3. Representation and protection of interests of children staying in pedagogic, medical organizations, organizations of social protection of population or other organizations shall be carried out by these organizations in accordance with the legislation of the Republic of Kazakhstan.
      4. Representation and protection of rights and interests of a child protected by the Law being left without custody of parents shall be assigned on a temporary basis on body of trusteeship and guardianship until arrangement of a child in family or organization carrying out the functions on protection of the rights of children.

Article 44. State bodies and protection of the rights of child

      Protection of rights and interests of children protected by the Law shall be carried out by state bodies in accordance with their powers.

Article 45. Procedure for settling disputes upon execution of the Law

      Footnote. Title of Article 45 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Parents (persons substituting them) as well as persons carrying out the activity on education, nurturing, protection of health, social protection and social service of a child, assistance of his (her) social adaptation, social rehabilitation and (or) other activity with his (her) participation shall have the right to go to the court in the manner established by the Law of the Republic of Kazakhstan with a suit on compensation for harm to a child inflicted to his (her) health, property, as well as moral damage.
      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46. State report on position of children in the Republic of Kazakhstan

      Annual state report on position of children in the Republic of Kazakhstan shall be represented by authorized body in the field of protection of the rights of children to the President of the Republic of Kazakhstan and shall be published in official printed publications.
      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47. Protection of rights of refugee children and internally displaced persons

      1. Refugee children and internally displaced persons shall have the right to protection of own interests.
      2. Bodies of trusteeship and guardianship at the place of stay of a child, territorial subdivisions of authorized body carrying out the management in the scope of regulating relations on the issues of refugees, shall assist in receiving details on existence and place of residence of parents or other legal representatives, shall place a child in medical and preventive or other organizations carrying out the functions on protection of the rights of a child if necessary.
      Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-1. National preventive mechanism

      1. National preventive mechanism shall act in the form of system of prevention of tortures and other cruel, inhuman types of treatment and punishment or those degrading the honor, functioning in virtue of the activity of participants of the national preventive mechanism.
      2. Within the activity, participants of the national preventive mechanism shall visit the centres of adaptation of minor children, special educational organizations, educational organizations with special regime of maintenance and other organizations determined by the Laws of the Republic of Kazakhstan for visiting by these participants (hereinafter – preventive visits).
      3. Participants of the national preventive mechanism is a Commissioner for human rights, as well as members of public supervisory committees and public associations carrying out the activity on protection of rights, legal interests of citizens, lawyers, social employees, doctors selected by the Coordination council.
      4. Commissioner for human rights shall coordinate the activity of participants of the national preventive mechanism, shall take measures for ensuring of necessary potential and professional knowledge of participants of the national preventive mechanism in accordance with the legislation of the Republic of Kazakhstan.
      5. Compensation of expenses of participants of the national preventive mechanism on preventative visits shall be carried out from budget funds in the manner determined by the Government of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 47-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-2. Coordination council

      1. For the purpose of ensuring of effective coordination of the activity of national preventive mechanism under Commissioner for human rights, the Coordination council shall be created.
      Members of Coordination council with the exception of Commissioner for human rights shall be elected by committee created by the Commissioner for human rights from among the citizens of the Republic of Kazakhstan.
      2. Commissioner for human rights shall approve:
      provision on Coordination council under the Commissioner for human rights;
      procedure for selecting participants of the national preventive mechanism;
      procedure for formation of groups from among participants of the national preventive mechanism for preventive visits;
      methodological recommendations on preventive visits;
      procedure for drafting annual consolidated report on the results of preventive visits.
      3. Coordination council shall interact with Subcommittee on prevention of tortures and other cruel, inhuman or cruel, inhuman types of treatment and punishment or those degrading the honor of the Committee Against Torture of the United Nations Organization.
      Footnote. The Law is supplemented by Article 47-2 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-3. Requirements to participants of the national preventive mechanism

      1. Participants of the national preventive mechanism may not be the persons:
      1) having outstanding or unexpunged conviction in the manner established by the Law;
      2) suspected or convicted in commission of a crime;
      3) recognized incapable or partially capable by a court;
      4) judges, lawyers, state employees and military servants, as well as employees of law enforcement and special state bodies;
      5) having a registration in a psychiatrist and (or) narcologist.
      2. Persons released from criminal responsibility on non-rehabilitating grounds for commission of intentional crime; dismissed from state or military service from law enforcement and special state bodies, courts or excluded from the bar association on negative motives; revoked of a license for practice law may not be participants of the national preventive mechanism.
      Footnote. The Law is supplemented by Article 47-3 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-4. Rights of participant of the national preventive mechanism

      1. Participant of the national preventive mechanism shall have the right to:
      1) receive information on quantity of persons maintained in organizations, being subject to preventive visit, quantity of such organizations and their location;
      2) have an access to information, concerning treatment with persons maintained in organizations being subject to preventive visit, as well as conditions of their maintenance;
      3) carry out preventive visits in established manner in a composition of formed groups;
      4) hold conversations with persons maintained in organizations being subject to preventive visits and (or) with their legal representatives without witnesses, in person or through an interpreter if necessary, as well as with any other person that may provide the relevant information in opinion of a participant of the national preventive mechanism;
      5) choose and visit organizations being subject to preventive visit;
      6) receive reports and complaints on applying the tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity.
      2. Participant of the national preventive mechanism shall be independent upon carrying out of legal activity.
      Footnote. The Law is supplemented by Article 47-4 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-5. Obligations of participants of the national preventive mechanism

      1. Upon fulfillment of own powers, participants of the national preventive mechanism shall be obliged to comply with the legislation of the Republic of Kazakhstan.
      2. Interference of participants of the national preventive mechanism in activity of organizations being subject to preventive visit shall not be allowed.
      3. In existence of circumstances arising doubt in impartiality of a participant of the national preventive mechanism included to the group on preventive visit, he (she) shall be obliged to refuse from participation in preventive visit.
      4. Participants of the national preventive mechanism shall be obliged to register accepted communications and complaints on applying tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity in the manner determined by the Commissioner for the human rights.
      Accepted communications and complaints shall be transferred to consideration of the Commissioner for human rights in the manner provided by the legislation of the Republic of Kazakhstan.
      Information on accepted and transferred communications and complaints shall be included to the report on results of preventive visits.
      5. Participants of the national preventive mechanism that violated provisions of the Law shall bear responsibility established by the Laws of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 47-5 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-6. Termination of powers of participant of the national preventive mechanism

      Powers of participant of the national preventive mechanism shall be terminated upon:
      1) violation of provisions of the Law;
      2) written application on resignation;
      3) his (her) death or enforcement of the court decision on declaring him (her) deceased;
      4) departure beyond the boundaries of the Republic of Kazakhstan for permanent residence;
      5) loss of nationality of the Republic of Kazakhstan;
      6) enforcement of condemnatory judgement;
      7) occurrence of other cases provided by the Laws of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 47-6 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-7. Types and periodicity of preventive visits

      1. Preventive visits of participants of the national preventive mechanism shall be divided into:
      1) periodic preventive visits conducted on regular basis not less than once every four years;
      2) interim preventive visits conducted during the period between periodical preventive visits for the purpose of monitoring of implementing recommendations on the results of previous periodical preventive visit, as well as prevention of pursuing the persons with whom the participants of the national preventive mechanism held conversations, from the side of administration of organizations being subject to preventive visit;
      3) special preventive visits conducted on the basis of received communications on prevention of tortures and other cruel, inhuman types of treatment and punishment degrading dignity.
      2. Coordination council shall determine the terms and list of organizations being subject to preventive visits within the appropriated budget means.
      Footnote. The Law is supplemented by Article 47-4 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-8. Procedure for preventive visits

      1. Preventive visits shall be conducted by groups formed by the Coordination council from among the participants of the national preventive mechanism in accordance with the rules approved by the Government of the Republic of Kazakhstan in coordination with the Commissioner for human rights.
      2. Upon formation of groups for preventive visits, no one from among the participants of the national preventive mechanism may not be subject to any discrimination on the grounds of origin, social, official and property position, gender, race, nationality, language, confession, convictions, place of residence or on any other circumstances.
      3. Safety ensuring of participants of the national preventive mechanism shall be assigned on administration of organizations being subject to preventive visit. In case of illegal actions of participants of the national preventive mechanism, a head of administration of organizations being subject to preventive visit shall inform the Commissioner for human rights in written.
      4. Following the results of every preventive visit in the name of a group, the written report in the form approved by the Coordination council shall be drawn up that shall be signed by all the members of group carried out preventive visit. Member of a group having special opinion shall draw it up in written and enclose to report.
      Footnote. The Law is supplemented by Article 47-8 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-9. Annual consolidated report of participants of the national preventive mechanism

      1. Consolidated council shall prepare annual consolidated report of participants of the national preventive mechanism in recognition of their reports following the results of preventive visits.
      2. Annual consolidated report of participants of the national preventive mechanism shall also include:
      recommendations to authorized state bodies on improvement of conditions of treating with persons maintained in organizations being subject to preventive visit and prevention of tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity;
      suggestions on improvement of the legislation of the Republic of Kazakhstan.
      Annual consolidated report of participants of the national preventive mechanism shall be enclosed by financial report on preventive visits for a previous year.
      3. Annual consolidated report of participants of the national preventive mechanism shall be sent for considering of authorized state bodies and shall be published in the web-site of the Commissioner for human rights for the term no later than one month from the date of his (her) approval by the Coordination council.
      Footnote. The Law is supplemented by Article 47-9 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-10. Confidentiality

      1. Participants of the national preventive mechanism shall not have the right to disclose details on private life of a person became known to them in the course of preventive visits without the agreement of this person.
      2. Disclosure of details on private life of a person by participants of the national preventive mechanism became known to them in the course of preventive visits without the agreement of this person shall entail responsibility established by the Laws of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 47-10 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-11. Interaction of authorized state bodies with participants of the national preventive mechanism

      1. State bodies and their civil servants shall provide assistance to participants of the national preventive mechanism in carrying out of legal activity by them.
      None of state body or civil servant shall not have the right to restrict the rights and freedoms of citizens for informing participants of the national preventive mechanism on the facts of applying tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity.
      Civil servants impeding legal activity of participants of the national preventive mechanism shall bear responsibility established by the Laws of the Republic of Kazakhstan.
      2. Authorized state bodies shall inform the Commissioner for human rights within three months from the date of receiving annual consolidated report of participants of the national preventive mechanism in written on the measures taken following the results of considering the received reports.
      3. On the basis of reports of participants of the national preventive mechanism following the results of preventive visits, the Commissioner for human rights shall have the right to apply to authorized state bodies or civil servants in the manner established by the legislation of the Republic of Kazakhstan with an application on initiation of disciplinary or criminal case in relation to a civil servant that violated the rights and freedoms of human and citizen.
      Footnote. The Law is supplemented by Article 47-11 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. Special aspects of responsibility of child and effect on his (her) behavior

Article 48. Special aspects of responsibility of child

      1. Child committed unlawful action shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.
      2. Upon assignment of a type of punishment, state bodies and civil servants shall consider conditions of life and nurturing of a child, level of mental development, other personality factors, as well as effect of elder persons according to age on him (her).

Article 49. Special aspects of effect on child’s behavior

      Upon carrying out of parental rights, parents and other legal representatives shall not have the right to inflict harm to physical and mental health of a child, his (her) moral development. Methods of nurturing of a child shall exclude slighting, cruel, rough treatment, insult or exploitation of a child degrading human dignity.

Chapter 10. Final provisions

Article 50. Responsibility for violation of the legislation of the Republic of Kazakhstan on child’s rights

      1. Persons being guilty in violation of the legislation of the Republic of Kazakhstan on child’s rights shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.
      2. Avoidance of performance, as well as improper fulfillment of obligations by parents (persons substituting them) on nurturing and maintenance of children, abandonment of parents from a child in maternity clinic (department) or children’s medical institution, leaving children without supervision, cruel treatment with children, their exploitation shall entail deprivation of parental rights or their restriction of persons substituting them.
      From the moment of removal of a child from custody, paying benefit as well as other payments for a child shall be terminated under the court decision.
      3. In case of using benefits and other payments for children by parents (persons substituting them) for the purposes other than intended, if this essentiallyinfringes the interests of a child, bodies of social protection, bodies of trusteeship and guardianship, commissions for protection of the rights of minor children or a prosecutor shall bring a suit in favor of a child on compensation of unreasonably disbursed funds to him (her). Funds recovered by court shall be transferred to the banking account of a child.
      4. Parents deprived of parental rights shall not be released from the obligation on paying alimonies for children in respect of whom they are deprived of parental rights.
      Footnote. Article 50 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2009 No. 185-IV (shall be enforced from 30.08.2009); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 51. Coordination of implementing compliance with the legislation of the Republic of Kazakhstan on child’s rights by authorized body

      Authorized body in the field of child’s rights shall be determined by the Government of the Republic of Kazakhstan.
      Authorized body in the field of protection of children’s rights shall:
      1) coordinate and direct the activity of other interested authorized bodies in the field of protection of child’s right;
      1-1) implement state policy in the field of protection of child’s rights;
      1-2) carry out coordination and organizational supervision of local executive bodies in the field of protection of children’s rights;
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) ensure annual review of regulations and normative standards of children’s life indicators to improvement of minimal social standards;
      4) coordinate activity of authorized bodies in the field of protection of children’s rights in a case of international cooperation.
      Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 52. State control in the field of protection of child’s rights

      1. State control in the field of protection of child’s rights shall be oriented to ensuring of rights and legal interests of a child and shall be carried out by the authorized state bodies within the competence determined by the Laws of the Republic of Kazakhstan.
      2. Object of state control in the field of protection of child’s rights shall be the activity of individuals and legal entities oriented to implementation of child’s rights.
      3. State control in the field of protection of child’s rights shall be carried out in the form of verification and other forms.
      4. Verification shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of state control shall be carried out in accordance with this Law.
      Footnote. Article 52 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 53. Coordination of activity of state bodies and organizations carrying out the functions on protection of child’s rights

      Coordination of activity of state bodies and organizations carrying out the functions on protection of child’s rights shall be carried out by the Government of the Republic of Kazakhstan.

      The President
      of the Republic of Kazakhstan