On amnesty owing to the first anniversary of new Constitution of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 15 July 1996 No. 27-1

Unofficial translation

      Owing to the first anniversary of the Constitution of the Republic of Kazakhstan, this Law is issued on the basis of principle of humanity.

       Article 1. To release the following convicted persons from punishment in the form of deprivation of freedom or from the punishment not linked with deprivation of freedom independently from imposed measure of punishment:
      1) the participants and disabled persons of the Great Patriotic War of 1941-1945, as well as persons equated to them;
      2) widows of military servants, died upon performance of military and international duty, women having husbands - disabled war veteran and persons equated to them;
      3) women having children at the age up to 16 years, disabled children of the groups I and II, as well as pregnant women;
      4) men over 60 years and women over 55 years;
      5) disabled persons of the groups I and II;
      6) minor children that were not kept previously in juvenile correctional facilities;
      7) military servants convicted to direction to the disciplinary battalion.

       Article 2. To release minor children from punishment in the form of deprivation of freedom to which the force of Article 1 of this Law does not apply, being convicted to deprivation of freedom for the term up to five years included that served no less than one third of the term of punishment.

       Article 3. To release persons from punishment to which the force of Article 1 of this Law does not apply, convicted for the first time to deprivation of freedom for the term up to three years included.

       Article 4. To release persons from punishment to which the force of Articles 1 and 3 of this Law does not apply, convicted for the first time to deprivation of freedom for the term up to five years included that served no less than one third of the term of punishment.

       Article 5. To release convicted persons from the places of deprivation of freedom to which the force of Articles 1-4 of this Law does not apply, the unserved part of punishment of which is less than six months.

       Article 6. To release persons from punishment to which the force of Articles 1-5 of this Law does not apply, convicted to deprivation of freedom for the term up to three years included that served no less than one third of the term of punishment.

       Article 7. To release convicted persons from punishment to which the force of Articles 1-6 of this Law does not apply, transferred to the penal settlements for the persons that firmly adopted the path of correction, that served no less than a half of the term of punishment.

       Article 8. To release persons from punishment convicted to the measures of punishment not linked with deprivation of freedom, if the punishment is applied in the form of main and is not replaced to the deprivation of freedom.

       Article 9. To release convicted persons from punishment in the form of exile and banishment to which this punishment is applied as main and additional punishment.

       Article 10. To release persons from punishment convicted for crimes committed carelessly that served no less than a half of the term of punishment.

       Article 11. To release persons from punishment that committed the following crimes provided by the Criminal Code of Kazakh SSR: unauthorized absence (Article 232); authorized abandonment of the unit or duty area (Article 233); evasion of military service through self-injury and by other methods (Article 236).

       Article 12. To reduce the unserved part of punishment by half for minor persons not subjected to release on the basis of Articles 1 and 2 of this Law convicted up to five years of deprivation of freedom included.

       Article 13. To reduce the unserved part of punishment by half for persons for the first time convicted to deprivation of freedom for the term up to five years included not subjected to release on the basis of Articles 1 and 3-5 of this Law.

       Article 14. To reduce one third of unserved part of punishment for persons previously convicted to deprivation of freedom no more than once that do not fall within the force of Articles 1-11 of this Law that served no less than one third of the term of punishment.

       Article 15. To reduce the unserved part of punishment by half for the persons that committed crimes carelessly to which the force of Articles 1 and 10 of this Law does not apply.

       Article 16. To close all the criminal cases and cases not considered by courts on the crimes committed before entering of this Law info force by persons listed in Articles 1 and 11 of this Law, as well as in respect of persons brought to criminal responsibility for the crimes for which the punishment up to three years of deprivation of freedom or the punishment not linked with deprivation of freedom is provided, and in respect of persons listed in subparagraph 8 of Article 28 of this Law.

       Article 17. To reduce one third of unserved part of punishment for minor children and women to which the force of Articles 1-15 of this Law does not apply, that served a half of the term of punishment.

       Article 18. The force of Articles 1-16 of this Law shall not apply to convicted persons and those persons brought to criminal responsibility for the following crimes provided by the Criminal Code of Kazakh SSR:
      1) for specially dangerous state crimes (Articles 50-59), banditism (Article 63), actions disorganizing work of corrective labour institutions (Article 63-1), organization or leading of the criminal group or criminal society (with the exception of participation in the criminal society (Article 63-2); contraband (Article 64); production or sale of forged money or securities (Article 73); illegal operations with currency values (Article 74); theft committed by a specially dangerous recidivist or on an especially large scale (part III of Article 76); robbery upon aggravating circumstances (parts II. III of Article 76-1); robbery with beating (Article 76-2); fraud committed on a large scale and especially large scale (parts II, III of Article 76-3); racket upon aggravating circumstances (parts II, III of Article 76-7), intentional homicide (Article 88) (with the exception of homicide committed in a state of intense emotional excitement (Article 89) or upon exceeding the limits of necessary defence (Article 90), intentional grave bodily injury (Article 93) (with the exception when inflicted in a state of intense emotional excitement (Article 95) or upon exceeding the limits of necessary defence (Article 96); rape upon aggravating circumstances (parts II, III and IV of Article 101); taking bribers (article 146); infringement on life of official of the internal affairs bodies, people's guard, person carrying out inquest, criminal investigator, prosecutor, judge or people's assessors (article 173-1); especially gross hooliganism, if it is committed with use or attempt to use fire arms, gas weapon, knives, knuckles and other cold weapons, or other items specially adapted for infliction of bodily injuries (part II of Article 200); stealing of fire arms, ammunition or explosive substances (Article 203); stealing of narcotic drugs (Article 213-1); illegal production, acquisition, storage, carriage or transshipment in order to sell, and equally illegal selling of narcotic drugs (part IV of Article 214); for the same actions committed repeatedly or in preliminary collusion of group of persons, or by a person that previously committed one of the crimes provided by Articles 213, 213-1, 213-2, part two of Article 215-1 of the Criminal Code, or by especially dangerous recidivist, and equally if the subject of these actions were narcotic drugs on a large scale (part V of Article 214); hijacking of transport vehicles upon aggravating circumstances (parts II, III of Article 221); as well as for the following military crimes: insubordination (Article 225); resistance to a superior or his (her) enforcement to violate official duties upon aggravating circumstances (paragraphs “b” and “c” of Article 227); violent acts in respect of a superior (article 229); violation of the charter rules of relationship among military servants in the absence of dependency relations between them (Article 231); desertion (article 234); intentional destruction or damage of military property (Article 238); violation of the rules of combat alert duty that entailed heavy consequences (paragraphs “c” and “d” of Article 244);
      2) recognized especially dangerous recidivists;
      3) previously convicted more than twice for intentional crimes;
      4) previously released from punishment in the manner of act of oblivion or amnesty and newly committed intentional crime;
      5) maliciously violating regime during service of sentence;
      6) that did not pass a full course of treatment from veneral diseases.
      Footnote. Subparagraph 1 is supplemented by the words – by the Law of the Republic of Kazakhstan dated 8 January 1997 No. 66-1.

       Article 19. Force of Article 17 of this Law shall not apply to malicious violators of a regime, persons previously released from punishment in the manner of act of oblivion or amnesty and newly committed intentional crimes, as well as women to whom the death punishment is substituted for by deprivation of freedom in the manner of act of oblivion and recognized especially dangerous recidivists.

       Article 20. To impose the execution of this Law on:
      1) bodies being in charge of executing the punishments – in respect of convicted persons being at the places of deprivation of freedom;
      2) bodies of inquiry and preliminary investigation, the cases and materials of crimes of which are in the proceeding of these bodies;
      3) courts – in respect of:
      persons, the cases and materials of crimes of which are in the proceeding of courts and are not considered before entering of this Law into force, as well as in respect of persons the cases on crimes of which are considered, but the judgments are not entered into legal force;
      persons under suspended sentence in accordance with Article 40 of the Criminal Code of Kazakh SSR and in respect of persons to whom the execution of judgments is deferred in the manner provided by Article 41-1 of the Criminal Code of Kazakh SSR;
      persons for whom the fine is imposed as main punishment, if before entering of this Law into force the fine is not recovered (the issue on applying the amnesty is adopted by the court that delivered the judgment);
      persons convicted on parole from punishment, and persons to whom the unserved part of punishment is substituted for by lenient punishment before entering of this Law into force (the issue on applying the amnesty is adopted by the court that rendered a ruling on release on parole or substitution for of unserved part of the punishment by lenient punishment);
      4) internal affairs bodies – in respect of persons:
      convicted to deprivation of freedom, but that are not under detention, the judgments to which are entered into legal force;
      enduring the punishment in the form of exile, banishment and correctional works without deprivation of freedom, deprivation of right to hold certain positions or engage in certain activity;
      5) command of disciplinary battalions and the relevant military prosecutors – in respect of military servants convicted to referral to the disciplinary battalion.

       Article 21. Application of this Law shall be carried out under regulation of a head of the corrective labour institution coordinated with the supervisory committee under the relevant akims and sanctioned by a prosecutor, and in the disciplinary battalion – under regulation of the commander with the approval of a military prosecutor. The regulation mentioned in this paragraph shall be accompanied by:
      1) certificate on incentives and recoveries;
      2) personal record of a convicted person;
      3) other documents required for solution of an issue on applying the amnesty.

       Article 22. Upon applying this Law by courts, the participation of a prosecutor is compulsory.

       Article 23. The regulation of internal affairs body, as well as body of inquiry and preliminary investigation on termination of a case and applying the amnesty shall be approved by a prosecutor.

       Article 24. To establish that the persons to whom the force of Articles 1 and 2 of this Law also include:
      1) convicted persons to whom the punishment in the form of deprivation of freedom is imposed under the judicial judgment with applying Article 40 of the Criminal Code of Kazakh SSR;
      2) convicted to deprivation of freedom to whom in accordance with Article 41-1 of the Criminal Code of Kazakh SSR the execution of the judicial judgment is deferred.

       Article 25. To establish that the force of subparagraph 1) of Article 1 of this Law shall apply to:
      1) participants of the Great Patriotic War:
      military servants performing the service in military units, command staffs and institutions forming a part of active army during the period of the Great Patriotic War, as well as during other combat operations for protecting former USSR, partisans and undergrounders of the Great Patriotic War;
      military servants and civilian units and formations of the Armed Forces of the former USSR taking participation in combat operations against Japan in 1945;
      military servants, as well as commanding officers and the rank and file of bodies of internal affairs and state security of the former USSR performing a sentence during the Great Patriotic War in cities the participation in defence of which is recorded to the years of service for admission to pension on the preferential terms established for military units of active army;
      persons of civilian personnel of the Soviet Army, Naval Service, military forces and bodies of internal affairs and state security of the former USSR that held permanent appointments in military units, command staffs and institutions being a part of the active army during the period of the Great Patriotic War or being in cities within the relevant periods the participation in defence of which is recorded to the years of service for admission to pension on the preferential terms established for military units of active army;
      persons who were in the composition of military units, command staffs and institutions during the Great Patriotic War being a part of the active army and naval forces as sons (graduates) of regiments and sea cadets;
      persons that took participation in combat operations against Fascist Germany and its alliances during the Second World War in a territory of foreign countries in a composition of partisan units and other anti-fascist formations;
      2) persons equated to the participants of the Great Patriotic War:
      military servants of the Soviet Army, naval forces, National Security Committee, persons in the rank and file and commanding officers of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) that took participation in combat operations in a territory of other states in accordance with the decision of the state bodies of the former USSR;
      persons liable for military service being called on training sessions and directed to Afghanistan during conduct of combat actions;
      military servants of automobile battalions directed to Afghanistan for delivery of goods to this country during conduct of combat actions;
      military servants of flight personnel that performed flights for combat missions to Afghanistan from the territory of the former USSR;
      workers and servants serving the soviet military forces in Afghanistan that received wounds, contusions and injuries, or being awarded by orders and medals of the former USSR for participation in combat actions;
      Heroes of the Soviet Union and persons being awarded by three classes of the Order of Glory, order of the hero of socialist labour;
      workers of special formations of the people's commissariat of communication lines, ship personnel of catching and transport vessels and flight personnel of catching and transport vessels and flight personnel of aviation. People's commissariat of fishing industry, sea and river fleet of the former USSR, flight personnel of aviation of the Chief Directorate of the Northern Sea Route transferred to the position of military servants during the great Patriotic War and performing the tasks in the interests of active army and fleet within the rear boundaries of active fronts, operational areas of fleets, as well as crew members of the transport fleet vessels interned in the beginning of the Great Patriotic War in the ports of other states;
      former minor prisoners of the concentration camps, ghetto and other places of forced detention created by fascists during the period of the Second World War;
      wives (husbands) of deceased disabled persons of the Great Patriotic War and disabled persons equated to them, as well as wives (husbands) of deceased participants of war, partisans and undergrounders, citizens working during the Siege of Leningrad in enterprises and in organizations of a city and awarded by the medal “For the Defence of Leningrad” and badge “Resident of Blockaded Leningrad” recognized disabled in a result of systematic disease, labour injury and other reasons (with the exception of persons the disability of whom is occurred due to unlawful acts) that did not enter into other registered marriage;
      citizens that worked during the blockade in a city of Leningrad in enterprises, in institutions and organization of the city and awarded by medal “For the Defence of Leningrad” and persons awarded by badge “Resident of Blockaded Leningrad”;
      persons awarded by orders and medals of the former USSR for dedicated service and honourable military service in the rear during the Great Patriotic Wars;
      workers and servants directed to work in Afghanistan over the period from 1 December 1979 to December 1989 and in other countries in which the combat actions were conducted;
      workers and servants of the National Security Committee of the former USSR temporary staying in a territory of Afghanistan and soviet army not included into the composition of limited forces;
      citizens who suffered and became disabled due to the disaster at the Chernobyl Atomic Electric Power Station and exploitations at the Semipalatinsk Test Site;
      3) disabled persons of the Great Patriotic War and persons equated to them from among:
      the military servants of active army, partisans and undergrounders of the Great Patriotic War, as well as workers and servants of the relevant categories who became disabled due to wounds, contusion, injury or disease received during the period of the Great Patriotic War at the front, at the area of combat actions, in the front-line fields of railways, upon constructing the defensive barriers, naval bases and aerodromes, and equated to military servants on the basis of pension benefits;
      military servants and civilians of the Armed Forces of the former USSR who became disabled due to wound, contusion, injury or diseases received in the course of war with Japan in 1945;
      military servants who became disabled due to wound, contusion, injury received during defence of the former USSR upon fulfilling the other military service duties in other periods or due to disease linked with staying at front, as well as upon performance of military service in Afghanistan or other states in which the combat actions were conducted;
      commanding officers and the rank and file of the bodies of internal affairs and state security of the former USSR who became disabled due to wound, contusion, injury received upon fulfillment of official duties or due to disease linked with staying at front, or performance of official duties in the states where the combat actions were conducted;
      workers and servants of the relevant categories serving active military forces in other countries and who became disabled due to wound, contusion, injury or diseases received during the period of conducting the combat actions.

       Article 26. To establish that the force of subparagraph 2( of Article 1 of this Law shall apply to:
      1) widows of military servants of the Armed Forces, National Security Committee, persons in the rank and file and commanding officers of the Ministry of Internal Affairs of the Republic of Kazakhstan, Armed Forces and the relevant bodies of the former USSR deceased or missed upon performance of military or official duty, and that did not enter into other registered marriage;
      2) wives of disabled war veterans and persons equated to them.

       Article 27. The ground for applying the amnesty in respect of the persons listed in Articles 25 and 26 of this Law are the documents confirming the right of these persons to benefits.

       Article 28. The force of this Law shall apply to:
      1) subparagraph 3) of Article 1 to women not deprived of parental rights and having children, as well as adopted children or taken in ward under 16 years on a date of entering of this Law into force, or disabled children of the groups I and II independently from their age; women having pregnancy on a date of entering of this Law into force;
      2) subparagraph 4) of Article 1 to men who attained 60 years and older, and women who attained 55 years and older before entering of this Law into force. By this, in the absence of documents confirming the date and month of birth of these persons who attained the age mentioned in subparagraph 4) of Article 1 of this Law, men should be regarded as being born before 1 January 1937, and women being born before 1 January 1942;
      3) subparagraph 5) of Article 1 to disabled persons of the groups I and II recognized such in the established manner before entering of this Law into force;
      4) subparagraph 6) of Article 1 and Article 2 to males and females being under 18 years on the date of entering of this Law into force;
      5) subparagraph 6) of Article 1 to minor children who were convicted, however were not detained in juvenile correctional facilities;
      6) Article 2 to minor children that were previously convicted no more than twice and were detained in juvenile correctional facilities. By this, the following persons may not be considered as previously detained in the juvenile correctional facilities:
      previously convicted to the measures of punishment not linked with deprivation of freedom;
      convicted to deprivation of freedom in accordance with Article 40 of the criminal Code of Kazakh SSR or in respect of whom the execution of the judgment was postponed in accordance with Article 41-1 of the Criminal Code of Kazakh SSR;
      being in temporary detention facilities or in investigative detention facilities before entering of the judicial judgment into legal force;
      7) Articles 3 and 4 also to persons previously convicted to punishment measures not linked with deprivation of freedom;
      8) military servants evading the service, as well as from territory of the former republics of the USSR until 31 December 1994; military servants who committed crimes listed in Article 11 of this Law after 31 December 1994 and that did not appear at the duty area, the amnesty shall be applied in case if they come to the nearest bodies of military administration no later than six months after entering of this Law into force.
      Footnote. In subparagraph 8) the words are substituted – by the Law of the Republic of Kazakhstan dated 8 January 1997 No. 66-1.

       Article 29. The force of this Law shall not apply to the persons subjected to administrative punishment, as well as brought to administrative responsibility with release from the criminal responsibility in the manner provided by Articles 45, 45-3 of the Criminal Code of Kazakh SSR;
      Articles 3 and 4 of this Law to the persons previously being convicted to the deprivation of freedom with application of Articles 40 and 41-1 of the Criminal Code of Kazakh SSR;
      Article 8 of this Law to the persons convicted to deprivation of freedom with application of Articles 40 and 41-1 of the Criminal Code of Kazakh SSR;
      Article 10 of this Law to the persons being convicted in summary for the crime committed carelessly, and for the crime committed intentionally.
      Footnote. In items three and four the numbers are substituted – by the Law of the Republic of Kazakhstan dated 8 January 1997 No. 66-1.

       Article 30. To establish that serving a part of the term of sentence provided by Articles 2, 4-7, 10, 12-14, 17 of this Law shall be calculated on the date of entering of the act of amnesty into force.

       Article 31. Upon cumulative crimes, if one of them does not fall within the force of this Law, the amnesty shall not be applied.

       Article 32. The persons that fall within the amnesty shall be released as from main, so from additional punishment, if the last is not executed on the date of entering of this Law into force.

       Article 33. Serving a sentence in the form of correctional works shall be terminated from the date of issuing the decree by the internal affairs body on applying the act of amnesty approved by a prosecutor.

       Article 34. In accordance with Articles 12-14, 17 of this Law, the part of the term of sentence being unserved on the date of entering of this Law into force shall be subject to reduction.

       Article 35. Upon applying the amnesty to the persons to whom the term of sentence was reduced in the manner of the act of oblivion or amnesty, the term of the sentence established by this acts should be considered.

       Article 36. The force of subparagraph 1) of Article 18 of this Law shall apply also to the persons convicted under the following Articles of the Criminal Code of Kazakh SSR:
      according to parts III, IV of Article 214 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 February 1975, dated 29 December 1982, dated 30 July 1987, the Law of Kazakh SSR dated 21 June 1991, according to parts II, III, IV of Article 76-1 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961 and dated 29 December 1982);
      according to Article 76-2 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961 and dated 29 December 1982);
      according to part III of Article 76-3 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961 and dated 29 December 1982);
      according to Article 76-5 (committed by theft) (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961);
      according to parts II, III of Article 76-7 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 October 1989);
      according to parts II, III, IV of Article 133 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 29 December 1982 and dated 4 February 1987);
      according to Article 134 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961 and dated 29 December 1982);
      according to parts II, III of Article 135 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 31 October 1989);
      according to parts III of Article 136 (in the wording of the Edicts of the Presidium of the Supreme Soviet of Kazakh SSR dated 21 July 1961 and dated 29 December 1982).
      Footnote. Article 36 – is in the wording of the Law of the Republic of Kazakhstan dated 8 January 1997 No. 66-1.

       Article 37. The force of subparagraph 4) of Article 18 of this Law shall apply to the persons previously released from punishment (independently from expunging or removing of record of conviction) in advance in the manner of act of oblivion on the basis of the following acts of amnesty:
      1) dated 26 April 1985 “On amnesty due to 40th anniversary of the Victory of the soviet people in the Great Patriotic War 1951-1945”;
      2) dated 6 November 1986 “On release of several categories of convicted women from the places of deprivation of freedom”;
      3) dated 18 June 1987 “On amnesty due to 70th anniversary of the Great October Socialist Revolution”, as well as the decree of the Supreme Soviet of USSR dated 29 November 1989 “On amnesty of former military servants of the soviet troops contingent who committed crimes in Afghanistan”;
      4) dated 16 February 1991 “On amnesty due to adoption of the Declaration on the state sovereignty of Kazakh Soviet Socialist Republic”;
      5) dated 5 October 1994 “On amnesty due to International year of the family”.

       Article 38. Materials of the persons in respect of whom the force of this Law is applied, to whom the treatment from venereal diseases is imposed in the established manner, shall be considered during the period of execution of this Law, and the decision on their release shall be enforced only after completion of the course of treatment. By this, the ground for recognizing the course of treatment of venereal disease of convicted person completed is the relevant medical certificate.

       Article 39. Malicious violators of the regime shall be regarded as the persons:
      1) violating established discipline and order systematically during serving a sentence. By this:
      the systematical violation of discipline and order during serving a sentence shall be regarded as the actions for which a convicted person was subject to sanctions no less than three times;
      if during a year from the date of imposition of a sanction, the convicted person was not subjected to new sanctions or the sanction is removed in the manner of incentives, he (she) shall be recognized as not having the sanctions;
      2) committed intentional crime during serving a sentence at the places of deprivation of freedom, as well as exiles, banishments;
      3) convicted persons detained in penal settlements directed to the correctional labour colonies of other types, if after issuing a ruling on directing to corrective labour institution they were under the custody no less than six months on the date of considering the materials on applying the amnesty. By this, the term shall be calculated from the date of placement of a convicted person in custody;
      4) persons under suspended sentence in accordance with Article 40 of the Criminal Code of Kazakh SSR, if they committed a new intentional crime during the probation period or they are directed for serving a sentence imposed by the judgment on the grounds provided by the same Article of the Criminal Code of Kazakh SSR, if no less than six months passed from the time of delivering the judicial judgment or ruling;
      5) in respect of which the execution of judgment was postponed in the manner of Article 41-1 of the Criminal Code of Kazakh SSR, if during the postponement of execution of the judgment they committed new intentional crime or directed for serving deprivation of freedom imposed by the judgment on the grounds provided by the same Article of the Criminal Code, if they were under detention no less than six months on the date of considering the materials on applying the amnesty;
      6) convicted to correctional works without deprivation of freedom, if before full completion of sentence they committed new intentional crime or the unserved term of correctional works was substituted for the sentence in the form of deprivation of freedom by the court for malicious evasion of serving the sentence, if they were under detention no less than six months on the date of considering materials on applying the amnesty.

       Article 40. Upon application of the act of amnesty, the records of conviction being expunged or removed in the manner established by the Law, as well as the records of conviction for the crimes excluded from the criminal Code of Kazakh SSR shall not be considered.

       Article 41. In cases if the issue on applying the amnesty arose upon expiry of six month term from the date of entering of this Law into force, it shall be executed in the manner provided by Articles 20 and 44 of this Law.

       Article 42. To provide assistance to local executive bodies in:
      1) employment of the persons released from punishment based on the amnesty;
      2) arrangement of disabled persons and persons of advanced age released from punishment based on the amnesty and that do not have relatives and family members;
      3) employment of minor children released from punishment on the basis of this Law, and when necessary – their arrangement in children's homes, foster homes, technical vocational schools.

       Article 43. The force of this Law shall apply to the crimes committed before its entering into force, and to the persons convicted by courts of the Republic of Kazakhstan, as well as military tribunals of the former USSR convicting persons for the crimes committed in a territory of Kazakh SSR.

       Article 44. The issue on applying the amnesty to persons convicted by courts of the Republic of Kazakhstan but serving a sentence beyond its boundaries shall be solved by the courts of the Republic of Kazakhstan on the basis of international treaties of the Republic of Kazakhstan upon the presentation of the body of internal affairs, in a territory of which the execution of the judicial judgment shall be carried out.

       Article 45. This Law enters into force from the date of its signing and shall be subject to execution within six months.

      The President
      of the Republic of Kazakhstan