On Procedure and Conditions of Detention of Persons in the Special Institutions, Providing Temporary Isolation from Society

The Law of the Republic of Kazakhstan dated 30 March, 1999 No. 353-I

      Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      This Law determines the legal basis of the activity of special institutions, providing temporary isolation from society on the legal basis, as well as established the rights and obligations of persons, holding in them.
      Footnote. The Law is supplemented by preamble in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 1. General provisions

Article 1. Tasks of this Law

      Footnote. Article 1 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:
      1) special reception centre – special institution of internal affairs bodies, intended for reception and detention of persons, subjected to administrative arrest;
      2) special institutions - detention facility, temporary detention facility, reception centre, special center;
      3) person, subjected to administrative arrest, - a person, in relation of whom the regulation on imposition of administrative arrest is issued by court;
      4) person, not having defined place of residence, - a person who does not have registration at the place of residence or dwelling in the territory of the Republic of Kazakhstan;
      5) separate cell – special premise, intended for detention of one person, accused in custody for the purposes of his (her) complete and strict isolation;
      6) preventive restriction of liberty of movement – a measure of individual prevention of infractions in relation of person, not having defined place of residence and (or) identity card, consisting in its temporary isolation in the special institution of internal affairs bodies;
      7) punishment cell – a separate cell, intended for detention of person who has committed a gross violation of established procedure of detention in custody;
      8) reception centre – special institution of internal affairs bodies, intended for reception and detention of persons, not having defined place of residence and identity cards, in the absence of signs of criminal and administrative infractions in their actions and impossibility of establishment of their personality by other methods;
      9) cell - a room for detention of persons placed in the detention center, a special reception center, temporary detention facility, investigation cell;
      10) detention in custody - temporary isolation of persons in the special institutions with court approval, established by the Laws of the Republic of Kazakhstan;
      11) detention facility – special institution, intended for detention of suspected and accused in commission of crime, in relation of whom detention in custody is elected as preventive measure, as well as convicted, left for execution of work on household service or directed for law enforcement in the correctional institution and transferred in the manner provided by Article 88 of Penal Execution Code of the Republic of Kazakhstan.
      12) temporary detention facility – special institution, intended for detention in custody of persons, detained on suspicion in commission of criminal infractions.
      Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 3. Purposes of detention of person in
the special institutions

      Detention of persons in the special institutions shall be carried out for the purposes of performance of measures, provided by the Laws of the Republic of Kazakhstan.
      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. Principles of detention in the special institutions

      Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Detention in the special institutions shall be carried out in accordance with the principles of legality, assumption of innocence, equality of citizens before law, humanism, respect of honour and dignity of the person, standards of international law and shall not be accompanied by actions, having the purposes to cause physical or moral suffering to suspected and accused in commission of crimes, detained in the special institutions.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Grounds for placement of persons in
the special institutions

      The grounds of placement of persons in the special institutions:
      1) placement of suspected and accused in commission of crimes, in relation of whom detention in custody is elected as preventive measure, in the detention facility shall be carried out by decree of judge;
      2) placement detained on suspicion in commission of criminal infractions in the temporary detention facility shall be carried out on protocol of detention, made by the investigator or interrogating officer.
      Placement of suspected, accused, defendants, in relation of whom detention in custody is elected as preventive measures, in the temporary detention facility shall be carried out by decree of judge in the cases when transfer in the detention facility is not possible because of distance or absence of appropriate ways of communication.
      In the cases when the suspected minor may not be left in the same place of residence on living conditions and upbringing, he (she) may be placed in the organization, carrying out the functions on protection of right of the child in accordance with the Law in the manner provided by Article 540 of Criminal Procedure Code of the Republic of Kazakhstan;
      3) placement of persons, subjected to administrative arrest, in the special reception center shall be carried out on the basis of decree of judge on their arrest;
      4) placement of persons, not having defined place of residence and (or) identity cards in the reception center shall be carried out on the basis of regulation of internal affairs bodies, sanctioned by the court.
      Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 6. Legal situation of persons, detained in
the special institutions

      1. Persons, detained in the special institutions shall be enjoyed the rights and freedoms, as well as shall bear responsibilities, established for the citizens of the Republic of Kazakhstan, with restrictions, provided by the Constitution and Laws of the Republic of Kazakhstan.
      2. Foreigners and persons without citizenship, detained in the special institutions shall be enjoyed the rights and freedoms, as well as shall bear responsibilities, established for the citizens of the Republic of Kazakhstan, unless otherwise provided by Constitution, the Laws and international treaties, ratified by the Republic of Kazakhstan.
      Footnote. Article 6 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Places of detention in custody of persons,
suspected, accused in commission of crime

      Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Places of detention in custody of suspected and accused shall be:
      1) detention facilities of correctional system and bodies of national security of the Republic of Kazakhstan;
      2) temporary detention facilities of internal affairs bodies, national security of the Republic of Kazakhstan.
      2. In the cases, provided by this Law, the places of detention in custody of suspected and accused may be correctional institutions of correctional system, execution of a sentence in the form of imprisonment (hereinafter – institution, executing a sentence), and detention rooms.
      3. In the cases when detention on suspicion in commission of criminal infraction shall be carried out in accordance with the Criminal Procedure Code of the Republic of Kazakhstan by the captains of see crafts, being in long-distance voyages, heads of border detachments, commandant of locality, suspected shall be detained in the premises, which are determined by the specified civil servants and specially adapted for detention of suspected.
      4. A person or body, in execution of whom there is a criminal case shall be obliged to notify one of the relatives of suspected or accused on place or on change of place of his (her) detention in custody during twelve hours in accordance with the Criminal Procedure Code of the Republic of Kazakhstan.
      Notification on place or on change of place of detention in custody of suspected or accused foreigner shall be directed in the specified period to the General Prosecutor, Ministry of Internal Affairs, National Security Committee, authorized body of correctional system of the Republic of Kazakhstan, as well as embassy, ??consulate or other representative of the State, the citizen which he is.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 16.07.2001 No. 244 (shall be enforced from 1 January, 2001); dated 10 July, 2002 No. 338; dated 29 December, 2004 No. 25; dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); Constitution Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 8. Detention facilities of correctional system and
bodies of national security of the Republic of Kazakhstan

      Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Detention facilities of correctional system and bodies of national security of the Republic of Kazakhstan (hereinafter – detention facilities) intended for detention of suspected and accused, in relation of whom detention in custody is elected as preventive measure.
      2. Detention facilities shall have a right of legal entity. They shall be created, reorganized and liquidated by the decision of the Government of the Republic of Kazakhstan.
      3. Financing of detention facilities shall be carried out at the expense of budget funds.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 29.12.2004 No. 25; dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 9. Temporary detention facilities of internal affairs
bodies, national security of the Republic of Kazakhstan

      1. Temporary detention facilities of internal affairs bodies shall be their structural subdivisions. Financing of temporary detention facilities of internal affairs bodies shall be carried out at the expense of budget funds.
      2. Temporary detention facilities of bodies of national security of the Republic of Kazakhstan shall be financed at the expense of budget funds.
      3. Decision on creation, reorganization and liquidation of temporary detention facilities shall be adopted depending on their departmental affiliation in the manner respectively established by the Ministry of Internal Affairs, National Security Committee of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 10 July, 2002 No. 338; dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Article 9-1. Reception center and special reception centers
of internal affairs bodies

      1. Reception center and special reception centers of internal affairs bodies shall be structural subdivisions of internal affairs bodies.
      Reception center and special reception centers shall be created, reorganized and liquidated by the decision of Ministry of Internal Affairs of the Republic of Kazakhstan.
      Upon imposition of the state of emergency, other premises, complying with the sanitary requirements and excluding the possibility of their unwarranted leaving, adapted for detention of persons, not having the defined place of residence and (or) identity cards or subjected to administrative arrest may be used as reception center and special reception center by the decision of commandant of locality.
      2. Procedure and organization of activity of reception centers and special reception centers shall be determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.
      3. Financing of reception centers and special reception centers shall be carried out at the expense of budget funds.
      Footnote. The Law is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Constitution Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Law of the Republic of Kazakhstan dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Use of institutions, executing a sentence,
premises, specially equipped for detention of persons,
subjected to administrative detention, and detention rooms
for detention of suspected and accused in custody

      1. Convicted, serving a sentence in the correctional institutions, upon suspicion or accusation in commission by them other crime may be detained in these institutions, but isolated from other convicted, serving a sentence.
      2. Suspected and accused in commission of criminal infractions, related with violations of the state boundaries may be detained in the premises, specially equipped for detention of persons, subjected to the administrative detention before transfer to the temporary detention facility.
      3. Suspected and accused, in relation of whom detention in custody is applied as preventive measure shall be places to the medical institution in the manner provided by paragraph 2 of Article 23 of this Law in the case of necessity of appointment of examination on the grounds, provided by the legislation, as well as in the case of rendering them the medical assistance.
      4. Suspected and accused military servicemen may be detained in the detention rooms in the cases and procedure, provided by the Criminal Procedure Code of the Republic of Kazakhstan, this Law and other regulatory legal acts.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 11. Servants of places of detention in custody

      1. The servants of places of detention in custody shall be the persons of private and senior officers of internal affairs bodies, correctional system, servants of national security bodies of the Republic of Kazakhstan, exercising the obligations on ensuring the regime of detention in custody.
      2. Captains of see crafts, heads of correction institutions, border detachments, as well as the persons authorized by them shall bear responsibility and enjoy the rights, granted by this Law by the servant of places of detention in custody for the period of execution of obligations on ensuring the regime of detention in custody.
      3. The head of administration of places of detention in custody in this Law shall be:
      1) heads of detention facilities;
      2) heads of correctional institutions;
      3) heads of temporary detention facilities;
      4) commanders of units of Border Service National Security Committee of the Republic of Kazakhstan in maintenance of which there are temporary detention facilities;
      5) commanders of military units (ships) in maintenance of which there are detention rooms;
      6) heads of garrison detention rooms.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2002 No. 338; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2004 No. 25; dated 13.02.2012 № 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. The grounds of transfer of suspected and accused,
detained in the detention facilities, to the temporary
detention facilities

      1. The grounds of transfer of suspected and accused, detained in the detention facilities may be transferred to the temporary detention facilities in the cases, when it is necessary for conducting of investigatory actions, judicial examination of cases out of the bounds of inhabited localities, where the detention facilities located, from which the daily transfer is impossible, for the term of execution of specified actions and judicial process, but no more than thirty days.
      2. The ground for this transfer shall be the regulation of prosecutor, judge as well as regulation of investigator or interrogating officer, sanctioned by prosecutor, his (her) assistant.
      Footnote. Article 12 as amended - dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Article 13. The terms of detention in custody

      The terms of detention in custody of suspected and accused shall be determined by Criminal Procedure Code of the Republic of Kazakhstan.

Article 14. The regime in the places of detention in custody

      1. The regime, providing observance of rights of suspected and accused, execution by them their obligations, their isolation, as well as performance of tasks, provided by the Criminal Procedure Code of the Republic of Kazakhstan shall be established in the places of detention in custody.
      2. Ensuring of regime shall be imposed on administration, as well as servants of places of detention in custody, that shall bear responsibility, established by the Law for non-fulfilment or improper fulfilment of official obligations.

Article 15. Internal order in the places of detention
in custody

      1. Rules of internal order in the places of detention in custody of suspected and accused in commission of criminal infractions (hereinafter – The rules of internal order) shall be approved by the Ministry of Internal Affairs, National Security Committee, Ministry of Defence of the Republic of Kazakhstan for the purposes of ensuring of regime in the places of detention in custody.
     The order shall be established by the Rules of internal order:
      1) reception and placement of suspected and accused for cells;
      2) conducting of personal search, fingerprinting, photographing as well as inspection of objects of suspected and accused;
      3) seizure of objects, substances and food products, prohibited for storage and use, from suspected and accused;
      4) material and social security of suspected and accused;
      5) acquirement of food products, as well as articles of daily necessity and other industrial goods by the suspected and accused;
      6) reception and transfer of packages, parcels to the suspected and accused;
      7) reception and sending of telegrams, letters, money transfers by the suspected and accused;
      8) forwarding of proposals, applications and complaints by the suspected and accused;
      9) religious practices by suspected and accused;
      10) involvement of accused to labor;
      11) participation of suspected and accused in the family-legal relations and civil transactions;
      12) conducting of subscription of suspected and accused to the newspaper and journals;
      13) health service support of suspected and accused;
      14) daily walks of suspected and accused;
      15) conducting of appointments of suspected and accused with the persons, listed in Article 17 of this Law;
      16) ensuring participation of suspected, accused and defendants in the investigatory actions and judicial sittings;
      17) personal reception of suspected and accused by the head of administration of the place of detention in custody and persons, authorized by them;
      18) giving of bodies of suspected and accused, died in the places of detention in custody;
      19) application of incentives and penalties to the suspected and accused;
      20) release of suspected and accused from custody.
      2. Rules of conduct of suspected and accused in the places of detention in custody, the list and quantity of food products, articles of daily necessity, shoes, clothes and other industrial goods, which the suspected and accused may have by one, storage, receive in packages, parcels and acquire via bank transfer shall be established by the rules of internal order, as well as shall be specified the list of services, rendered to the suspected and accused for the established fee.
      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2004 No. 25; dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Chapter 2. Detention in custody of suspected and abused
in commission of a crime

      Footnote. The title is in the wording of the Law of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Rights of suspected and accused

      1. Suspected and accused during the period of residing in the places of detention in custody shall have a right to:
      1) receive information on their rights and obligations, regime of detention in custody, disciplinary requirements, procedure of submission of proposals, applications and complaints;
      2) personal security in the places of detention in custody;
      3) apply to the head of administration of the place of detention in custody and persons, controlling activity of the places of detention in custody, during residing of the specified persons in its territory;
      4) the appointment with the defense;
      5) the appointment with relatives and other persons, listed in Article 17 of this Law;
      6) keep the documents and records to oneself, relating to the criminal case or concerning the issues of implementation of their rights and legal interests, except for those documents and records, which may be used for the illegal purposes or which contain the details, consisting the state and other legally protected secret;
      7) apply with proposals, applications, as well as in a court, on issues on legality and reasonableness of their detention in custody and violations of their legal rights and interests;
      8) maintain correspondence and use the writing materials;
      9) get free meals, material and social, health service support;
      10) eight hours of sleep at night. During of which prohibited their involvement in participation in the procedural and other actions, except for the cases, provided by Criminal Procedure Code of the Republic of Kazakhstan;
      11) daily walk of duration at least one hour;
      12) use their own bedding items, as well as other things and objects, the list and number of which is determined by the Rules of internal order;
      13) use literature and publications of print media from the library of place of detention in custody or acquired through the administration of the place of detention in custody in the trade network, as well as board games;
      14) worship in the premises of the place of detention in custody of suspected and accused, have the religious literature to oneself, cult-objects – upon condition of observant of Rules of internal order and right of other suspected and accused;
      15) self-education and use the special literature;
      16) receive the packages and parcels;
      17) courteous treatment by the servants of the places of detention in custody;
      18) participate in the civil transactions;
      19) exercise other rights, provided by the legislative acts.
      2. suspected and accused, detained in the detention facilities shall also have a right to:
      1) receive and send the money transfers;
      2) conclude and discharge a marriage, participate in other family-legal relations in the case, if it is not contradict to the legislation;
      3) acquire the food products and articles of daily necessity in the shop (stall) of detention facility or through the administration of the place of detention in custody in the trade network;
      4) subscribe to the newspapers and journals and receive them;
      ) receive the clothes for the season, allowed to be worn in the places of detention in custody, from administration if it is necessary.
      3. Suspected and accused, detained in custody shall have the opportunity to work in the existence of relevant conditions.
      4. Besides the rights above mentioned, suspected and accused shall have the rights, provided by the Criminal Procedure Code of the Republic of Kazakhstan.

Article 17. Appointments with defenders, relatives
and other persons

      1. The appointments with defenders in private and confidentially shall be provided to the suspected and accused from the date of detention. The number and duration of appointment shall not be restricted.
      The appointments shall be provided with:
      1) the lawyer, participating in the case as defender, - onpresentation by him (her) the documents, approving belonging to the legal profession, the second copy of warrant, certifying the powers of lawyer to conduct the particular case;
      2) representatives of trade unions and other public associations, being defender, - on presentation of relevant decision of public association or its governing body on assignment as defender;
      3) other persons, participating in the case as defender, - on presentation of the court decision, regulation of investigator or interrogating officer, as well as document, certifying his (her) personality.
      2. To the suspected and accused may be provided not more than two appointments, for the minors – not more than three in a month with relatives and other persons with duration up to three hours each, on the basis of written permission of person or body, in the processing of which there is a criminal case.
      3. The appointments with relatives and other persons shall be carried out under control of servants of places of detention in custody. In the case of attempt to transfer to the suspected and accused the prohibited items, substances and food products or details, which may prevent to establish the truth on criminal case or encourage commission of a crime, the appointments shall be terminated prematurely.
      4. Official representatives of diplomatic representation of foreign states shall have a right to visit the suspected and accused foreigner of their represented country by the decision of General Prosecutor of the Republic of Kazakhstan, if it is not contradict to the legislation.
      5. The number and duration of appointments shall be provided to the contagious patient (HIV / AIDS and tuberculosis) in the established procedure, after preliminary conversation with medical worker (doctor) and written notification on possibility of infection
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 230-IV (shall be enforced from 01.01.2010).

Article 18. Ensuring of personal security of suspected
and accused

      Upon occurrence of the threat for life and health of suspected and accused or the threat of commission a crime against the personality of other suspected and accused, the servants of the places of detention in custody shall be immediately obliged to take measures on ensuring of personal security of suspected or accused, in relation of whom such threat is occurred.

Article 19. Communications

      1. Suspected and accused shall be permitted to receive and post not more than two letters and telegrams in month to their relatives and other persons. Post and reception of correspondence shall be carried out at the expense of suspected and accused.
      2. Communication of suspected and accused shall be carried out only through the administration of the place of detention in custody, by permission of person or body, in the processing of whom there is a criminal case and shall subject to censure, except for the cases, provided by paragraph 2 of Article20 of this Law.
      3. The letters, containing details, which may interfere to establish the truth on criminal case or contribute to commit a criminal infraction, executed by cryptography, cipher, containing the state or other legally protected secret shall not be posted, and shall not be served and transferred to the person and body, in the processing of whom there is a criminal case.
      4. Communication of suspected and accused with the persons, detaining in the institutions, serving the sentences shall be carried out by permission of person and body, in the processing of whom there is a criminal case.
      5. Service of letters, receiving to the name of suspected and accused, as well as post of his (her) letters to the addressees shall be carried out by administration of the place of detention in custody not later than three days from the date of receipt of the letter or delivery it to the suspected and accused, except for the holidays and weekends. If it is necessary to translate the letter to the state or officially used Russian language, the term of delivery of letter may be increased for the time, needed for the translation.
      6. Information about the death or serious illness of close relatives shall be reported to the suspected and accused immediately after its reception.
      7. The letters, received for the name of suspected and accused after his (her) departure from the places of detention in custody shall be posted by the place of departure not later than three days after their reception.
      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 20. Direction of proposals, applications and complaints

      1. Proposals, applications and complaints of suspected and accused, addressed to the state bodies, bodies of local self-government, public associations and mass media shall be directed through the administration of the place of detention in custody.
      2. Proposals, applications and complaints, addressed to the prosecutor and the court shall subject to the censure and shall be immediately directed to the addressee in the sealed form.
      3. Proposals, applications and complaints, addressed to the state bodies shall be considered by administration of the place of detention in custody and directed not later than the day of its submission.
      4. The procedure, established by paragraph 3 of Article 19 of this Law shall be applied in relation of proposals, applications and complaints, containing details, which may interfere to establish the truth on criminal case or contribute to commit a criminal infraction, executed by cryptography, cipher, containing the state or other legally protected secret.
      5. Complaints to the actions and decisions of court, interrogating officer, the head of investigative body, investigator or prosecutor shall be immediately directed in the procedure provided by Criminal Procedure Code of the Republic of Kazakhstan.
      6. Answers to the proposals, applications and complaints shall be declared to the suspected and accused on receipt, and attached to personal matters.
      7. Prosecution of suspected and accused in any form for applying with proposals, applications or complaints shall not be allowed in connection with violations their rights and legal interests. Civil servants of places of detention in custody, guilty in such prosecution shall bear responsibility in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 21. Meals, acquisition of food products and
articles of daily necessity

      Suspected and accused shall be provided by free meals, sufficient for support of health and energy, at rates, determined by the Government of the Republic of Kazakhstan. The right to acquire the food products, articles of daily necessity, as well as other industrial goods by cashless transfers, except for the prohibited for storage and use shall be granted to the suspected and accused.

Article 22. Material and social support

      1. Administration of the place of detention in custody shall be obliged to provide conditions, complying with the requirements of hygiene, sanitation and fire safety to the suspected and accused.
      2. Suspected and accused shall be detained in the premises, on the basis of the standard of sanitary areas for one person not later than two and a half square meters.
      3. Suspected and accused shall be provided by individual sleeping place, bedding items and cutlery.
      4. All cells shall be provided by means of broadcasting. Distribution of literature and publications of printed media shall be allowed to the cells from the library of the place of detention in custody.

Article 23. Health service support

      1. Administration of the place of detention in custody shall be obliged to provide observance of established sanitary and hygienic and epidemiological requirements, health protection of suspected and accused.
      2. Procedure of rendering of medical, as well as psychiatric assistance to the suspected and accused, as well as procedure of their detention in the medical institutions and engagement of the staff of these institutions to their service shall be determined by the authorized central executive body, carrying out management in the field of health protection of citizens, Ministry of Internal Affairs, Ministry of Justice, National Security Committee and Ministry of Defense of the Republic of Kazakhstan.
      3. Upon reception of bodily damages by suspected and accused, examination shall be performed by medical workers of the place of detention in custody without delay. The results of medical examination shall be recorded in the established procedure and reported to the injured. Medical examination shall be performed in the medical institutions by the decision of the head of administration of the place of detention in custody or person or body, in the processing of whom there is a criminal case.
      4. In the case of serious diseases or death of suspected or accused, administration of the place of detention in custody shall inform their close relatives and prosecutor, who makes inspection on this fact. The body of the deceased after post mortem examination, as well as production of actions, provided by the legislation shall be transferred to the persons, its demand. Disposal of deceased, the body of which is not demanded shall be carried out at the expense of the state.
      5. In the case of detection of serious diseases of the suspected or accused from which the death may occur, administration of detention facility shall have a right to raise a question on the change of preventive measure before the prosecutor and body, in whose processing the case is, on the change of preventive measure.
      6. In the case of the death of foreigner, detaining in the detention facility or temporary detention facility, administration of the place of detention in custody shall immediately inform on that the General Prosecutor, Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of justice and National Security Committee of the Republic of Kazakhstan. Besides that shall be informed the prosecutor, carrying out supervision for application of the Laws in the places of detention, in a written form, as well as the embassy or other representatives of the state, the citizen of which the deceased was.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 No. 25.

Article 24. Reception of packages, parcels and money transfers

      1. Suspected and accused shall be allowed to receive unlimited number of packages and parcels, the weight of which is not exceed the standards, provided by postal regulations.
      2. Money transfers, incoming to the suspected and accused to the places of detention in custody shall be credited to their personal accounts. Suspected and accused may send the money transfers to the relatives and other persons with the permission of administration of the places of detention in custody.
      3. Administration of the places of detention shall apply the medicaments for suspected and accused by the medical report in the cases, when there is no possibility of providing them.
      4. Items, substances and food products, which constitute a danger for life or health of persons or may be used as crime instruments, or for obstruction of objectives of detention in custody shall be prohibited to transfer to the suspected and accused.
      5. Suppression from inspection or transfer of items, substances and food products, prohibited for storage and use to the suspected and accused, as well as transfer them any of items, substances and food products, contrary to the established rules shall entail responsibility in accordance with the legislation.

Article 25. Provision of additional paid services

      As far as possible administration of detention facilities shall provide suspected and accused with additional paid domestic, medical and sanitary services, the list and procedure of provision of which is established by the Ministry of Justice, National Security Committee of the Republic of Kazakhstan.
      Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 No. 25.

Article 26. Involvement of accused to labor

      1. In the existence of relevant conditions, the accused, at their request, shall be involved to labor in the established procedure, in the territory of detention facilities.
      2. The salary of accused after detention, provided by the Law shall be transferred to their personal accounts.
      3. Involvement of accused to labor shall not prevent to conduct the preliminary investigation and interrogation.

Article 27. Ensuring participation of suspected and accused in
the investigatory actions and judicial sittings

      1. Administration of the places of detention in custody shall ensure reception of suspected and accused to the places of detention in custody and transfer them to the convoy for sending to the place of destination by order of investigator, person, carrying out investigation, prosecutor or the court (judge).
      2. Release of suspected and accused from participation in the investigatory actions and judicial sittings shall be carried out on the basis provided by the legislation.

Article 28. Participation of suspected and accused
in the civil transactions

      Suspected and accused shall have a right to participate in the civil transactions through their representatives or directly, with permission of person or body, in the processing of whom there is a criminal case, and in the procedure, established by the Rules of internal order, except for the cases, provided by the legislation.

Article 29. Features of detention in custody of women

      1. Suspected and accused women may have their children at the age of up to three years.
      2. In the places of detention in custody shall be created improved living conditions, organized specialized medical service and established enhanced food standards and material support, determined by the Government of the Republic of Kazakhstan for the pregnant women and women, having the children.
      3. Daily walks with duration up to three hours shall be provided to the pregnant women and women, having the children.
      4. An incarceration as a measure of penalty may not be applied to the pregnant women and women, having the children.
      5. In the case of necessity, administration of the place of detention in custody may make an application on temporary transfer of the child to the relatives or other persons, or to the childcare centre in the procedure established by the Law.

Article 30. Features of detention in custody of minors

      1. To the suspected and accused minors shall be created improved living conditions, established enhanced food standards. Determined by the Government of the Republic of Kazakhstan.
      2. Daily walks of suspected and accused minors shall be established with duration of not less than two hours.
      During the walks the minors shall have the opportunity for exercise and sports.
      3. In the existence of conditions, the movies shall be shown, watching television shall be organized, the premises as well as sport areas in the open air shall be equipped for the sports activities and other leisure for the suspected and accused minors.
      4. To the suspected and accused minors shall be permitted to acquire and receive the textbooks and school supplies, as well as receive them in the parcels and packages over the standards, provided by Article 24 of this Law.

Chapter 3. Ensuring isolation and prevention of
infractions in the places of detention in custody

Article 31. Basic requirements of ensuring of isolation

      1. Suspected and accused shall be detained in the mass and separate cells in accordance with the requirements of separate placement, provided by Article 32 of this Law.
      2. Placement of suspected and accused in the separate cells for the term more than one day shall be allowed on motivated resolution of the head of administration of the place of detention in custody, sanctioned by the prosecutor. Sanctions of prosecutor for the placement pf suspected and accused in the separate cells shall not be required in the following cases:
      1) In the absence of other possibility to ensure observance of requirements of separate placement, provided by Article 32 of this Law;
      2) in the interests of ensuring security of life and health of suspected or accused or other suspected or accused;
      3) in the existence of written application of suspected or accused on separate detention;
      4) upon placement of suspected and accused in the separate cells in night-time, if during the day they are detained in the mass cells.
      3. Conversations, transfer of any items and correspondence of suspected and accused with suspected and accused, detained in other cells or other premises of the places of detention in custody shall not be allowed.
      4. Conversations, transfer of any items and correspondence of suspected and accused with persons, being at liberty shall be carried out in accordance with requirements of this Law.
      5. Basic requirements of ensuring of isolation shall be observed upon transfer of suspected and accused outside of the places of their detention in custody.

Article 32. Separate placement in the cells

      1. Placement of suspected and accused in the cells shall be performed in recognition of their personality and psychological compatibility. Smokers shall be placed separately from nonsmokers as far as possible.
      2. Upon placement of suspected and accused, as well as convicted in the cells observance of following requirements are compulsory:
      1) separately detained:
      men and women;
      the minors and adults, except for the cases, when for prevention of violations in the cells, when the minors are detained, detention of positively characterized adults, for the first time bringing to the criminal responsibility is necessary;
      persons, for the first time bringing to the criminal responsibility, and persons, previously detained in the places of detention;
      suspected, accused from convicted, sentences in relation of whom entered into legal force;
      suspected and accused by one criminal case or several interconnected cases;
      2) separately from other suspected and accused shall be detained:
      suspected and accused in commission of especially grave and grievous crimes;
      convicted upon dangerous repetition of crimes;
      convicted to the death penalty;
      foreigners and persons without citizenship in the existence of conditions for their detention separately from other suspected, accused;
      persons, being or have been the judges, lawyers, employees of judicial bodies, servants of internal affairs bodies, procuracy, tax, financial police, bodies of the state incomes, anti-corruption service, economic investigation service, customs bodies, servants and military servicemen of special state bodies, military servicemen of internal military forces, National Guard, Armed Forces of the Republic of Kazakhstan;
      by the decision of administration of the place of detention in custody or by written decision of person or body, in the processing of whom there is a criminal case, suspected and accused, life and health are threatened by other suspected and accused;
      afflicted persons with infectious diseases or in need in special medical care and observation.
      Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.11.2014 No. 257 (the order of enforcement see Subparagraph 12) Article 10); dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 33. Protection of suspected and accused and
their supervision

      1. Suspected and accused, that are in the places of detention in custody and supervision shall be moved within the territory of these places under guard or accompanied by the servants of the places of detention in custody.
      Procedure of carrying out of protection and supervision for the persons, being in the detention facilities of correctional system shall be determined by the authorized body of correctional system of the Republic of Kazakhstan.
      2. Suspected and accused shall be subjected to the personal search, fingerprinting and photographing.
      The premises, where they are placed shall be subjected to the search, and their items, packages and parcels to the inspection.
      3. Money, securities and valuables, that are found in the places of detention in custody and the owner of which is not established shall be seizure, on that the protocol is made, and shall be transferred to the authorized body, in the competence of which entered their implementation, in the procedure established by the legislation of the Republic of Kazakhstan.
      4. Money, securities and valuables, voluntarily surrendered during inspection shall be withdrawn and stored in accordance with the rules of internal order before the release of suspected or accused without the right of use and disposition them during their stay in the places of detention in custody. In the case of conviction and direction of persons, held under guard, to the places of detention, the above mentioned money, securities and valuables shall be transferred according to the list of institution to the enforcing criminal penalties.
      5. Items, substances and food products, prohibited for storage and use by the suspected and accused shall be transferred for storage to the administration of the place of detention in custody or shall be destroyed by the decision of court.
      6. Servants of the places of detention in custody shall have a right to search the items and clothes of person upon entry and exit from the territory of the places of detention in custody, as well as search of entering and leaving vehicles, seizure of items, substances and food products, prohibited for storage and use by the suspected and accused. The items and clothes of persons, in the processing of whom there is a criminal case of suspected and accused, as well as persons who have the right of controlling and supervision for the places of detention in custody shall not be subjected to the search.
      7. Special investigation activities and private investigatory actions shall be carried out in the places of detention in custody for the purposes of exposition, prevention, suppression and detection of crimes in the manner provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 33 as amended by the Laws of the Republic of Kazakhstan dated 10.12.2009 No. 228-IV (the order of enforcement see Article 2); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).

Article 34. Ensuring of security requirements on the
territories adjacent to the places of detention in custody

      The security requirements may be established by presentation of bodies of correctional system in the territories, that are directly adjacent to the detention facilities and the boundaries of which are determined by the local executive bodies.
      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 No. 25.

Article 35. Basic obligation of suspected and accused

      1. Suspected and accused shall be obliged to:
      1) observe procedure of detention in custody, established by this Law and Rules of internal order;
      2) execute the legal requirements of administration of the places of detention in custody;
      3) observe requirements of hygiene and sanitation;
      4) go on a daily walk (release from the walks shall be carried out by the head of the place of detention in custody on the report of medical worker of the place of detention in custody);
      5) observe the rules of fire safety;
      6) treat with due care to the property of the places of detention in custody;
      7) carry out the cleaning of cells and other premise in the order of precedence;
      8) not commit the actions, degrading the servants of the places of detention in custody, suspected and accused, as well as other persons;
      9) not prevent to the servants of the places of detention in custody, as well as other persons, ensuring procedure of detention in custody, in execution them of official responsibilities;
      10) not commit of intended action, that threaten their lives and health, as well as the life and health of other persons.
      2. Suspected and accused shall be prohibited to have the items, substances and food products, prohibited for storage and use in accordance with paragraph 4 of Article 24 of this Law, as well as storage and use them.

Article 36. Incentives and procedure of their application

      1. For exemplary performance of obligations, observance of established procedure of detention in custody, the following incentives may be applied to the suspected and accused:
      1) preschedule withdrawal of early imposed penalty;
      2) permission for additional visit the premises for sports activities, as well as for other forms of leisure activity by the suspected and accused minors.
      2. Incentive shall be applied by the head of administration of the place of detention in custody or his (her) assistant.

Article 37. Measures of penalty

      The following measures of penalty may be applied to the suspected and accused for nonfulfillment of established obligations:
      1) reprimand;
      2) placement in a punishment cell or separate cell for the term of up to fifteen days, and for suspected and accused minors – for the term of up to seven days.

Article 38. Procedure of application of measures of penalty

      1. The penalties for violations of established procedure of detention in custody shall be imposed by the head of administration of the place of detention in custody or his (her) assistant. For one violation may not be imposed more than one penalty to the guilty person.
      2. Penalty shall be imposed in recognition of circumstances of commission of violation and behavior of suspected and accused. Penalty may be imposed not later than ten days from the date of detection of violation, and if in connection with violation an inspection is conducted – from the date of its completion, but not later than one month from the date of commission of violation.
      3. Before imposition of penalty, suspected or accused shall offer the written explanation, and in the case of refusal from offering of explanations on that shall be made the relevant act.
      4. Penalty in the form of reprimand shall be imposed in oral or written form, other penalties – in written form.
      5. Suspected and accused shall have a right to apply with appeal of penalty to the superior civil servant, prosecutor or court. Filing of a complaint shall not suspend the execution of penalty.

Article 39. Detention in the punishment cell

      1. Suspected and accused may be placed in the separate cell or punishment cell for:
      1) harassment and humiliation of other suspected and accused;
      2) disobedience to the legal requirements of servants of the places of detention in custody or other persons for humiliation them;
      3) repeated violation of rules of isolation;
      4) storage, production and consumption of alcoholic beverages;
      5) storage, production and use of other items, substances and food products, prohibited for storage and use;
      6) participation in the gambling games;
      7) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).
      2. Punishment in the form of placement in the punishment cell or separate cell shall be applied to the suspected and accused, to whom were applied two and more of disciplinary sanctions, provided by Article 37 of this Law.
      3. Placement in a punishment cell or separate cell shall be carried out on the basis of regulation of the head of administration of the place of detention in custody and report of medical worker on possibility of stay of the suspected or accused in the punishment cell.
      4. Detention of suspected and accused in the punishment cell shall be individual. Suspected and accused shall be provided by individual sleeping place and bedding items only for the sleep period in the established hours in the punishment cell and separate cell. In the period of detention in the punishment cell or separate cell, suspected and accused shall be prohibited the correspondence, appointments, except for the appointments with defender, as well as acquisition of food products and articles of daily necessity, reception of letters, packages and parcels, use of board games, books, newspapers, magazines and other literature. Packages and parcels shall be served to the suspected and accused after termination of the term of their stay in the punishment cell or separate cell.
      Other restrictions, not provided by this Article, in relation of suspected and accused, detained in the punishment cell or separate cell shall not be allowed. Direction by them proposals, applications and complaints shall be carried out in the manner provided by Article 20 of this Law.
      The head of administration of the place of detention in custody shall have a right to postpone execution of the penalty in the form of placement in the punishment cell or separate cell, reduce the period of detention in them or early release of suspected or accused in recognition of medical indications or by other grounds. If suspected or accused in the period of postponement is not committed a new violation, he (she) may be released from the penalty.
      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 40. Material responsibility of suspected and accused

      1. Suspected and accused shall bear material responsibility for material damage, caused to the state during detention in custody:
      1) upon execution of labor obligations, - in the procedure and amounts, provided by labor legislation of the Republic of Kazakhstan;
      2) caused by other actions, - in the procedure and amounts, provided by the legislation.
      2. The amount of material damage, caused to the state by suspected or accused shall be determined by regulation of the head of administration of the place of detention in custody.
      3. Regulation shall be declared to the suspected or accused on receipt and may be appealed to the superior civil servant, prosecutor or court.
      4. In the case of refusal of voluntary compensation of material damage, it shall be recovered in the judicial procedure in accordance with the legislation of the Republic of Kazakhstan.
      5. The sums, incorrectly recovered for the caused material damage shall subject to return to the suspected or accused and shall be credited to the personal account.
      6. At the request of suspected or accused, the material damage caused by him (her) may be compensated by his (her) relatives or other persons with their consent.
      7. In the case of direction of convicted person to the institution, executing the penalty, uncompensated material damage shall be recovered by administration of specified institution from the funds, incoming to the personal account of convicted.
      8. In the case of release of suspected or accused from custody, uncompensated material damage may be recovered by court decision.
      9. Material damage, caused to the suspected or accused due to the fault of administration of the place of detention in custody shall be recovered in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 15 May, 2007 No. 253.

Article 41. Measures, applied in the case of refusal
of the meal

      1. Upon establishment of the fact of refusal of the meal of suspected or accused, the head of administration or his (her) assistant shall be obliged to find out the reasons and inform the person and body, in the processing of which there is a criminal case, as well as prosecutor, carrying out supervision for application of the Laws in the places of detention in custody.
      2. Suspected or accused, refusing of the meal shall be detained as far as possible separately from other suspected and accused and shall be under supervision of medical worker.
      3. The measures, including enforcement measures, directed to the health support of suspected or accused, refusing of the meal, if his (her) life is threatened shall be carried out by medical indication on the basis of written report of medical worker, supervising for him (her).
      4. Refuse of the meal of suspected or accused shall not prevent to his (her) prison transfer or convoy to other places of detention in custody, as well as participation in the investigatory actions and judicial sittings. If it is necessary, the prison transfer or convoy shall be conducted accompanied by medical worker.

Article 42. General ground of application of physical force,
special means, gas and fire arms in the places of
detention in custody

      Physical force, special means, gas and fire arms shall be applied by the servants of the places of detention in custody or other servants of correctional system, internal affairs bodies, involving for ensuring of legal order, only in the cases, provided by the legislation. The servants of the places of detention in custody shall be obliged to undergo the special training, as well as periodic inspection for applicability to the actions in the conditions, related with application of physical force, special means, gas and fire arms.
      Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 No. 25.

Article 43. Application of physical force in the places
of detention in custody

      Physical force, as well as fighting methods of struggle may be applied in the places of detention in custody in relation of suspected or accused for suppression of infraction committed by them or overcoming of his (her) countering to the legal requirements of servants of the places of detention in custody, if nonviolent methods do not provide termination of infraction or carrying out of legal requirements.

Article 44. Application of special means and gas spray gun
in the places of detention in custody

      1. Special means and gas spray gun may be applied in the places of detention in custody in the following cases:
      1) for holding off an attack of suspected or accused to the servants of the places of detention in custody and other persons;
      2) for suppression of mass disorders or group violations of established regime of detention in custody;
      3) for suppression of illegal actions of suspected or accused, rendering defiance to the legal requirements of the servants of the places of detention in custody or other servants of correctional system, internal affairs bodies, engaging for ensuring of law enforcement;
      4) for hostages release, holding off an attack on the buildings, premises, construction, transport vehicles, land plots, belonging to the citizens, organizations and state bodies, as well as for release them from capture;
      5) for suppression of attempt to escape of suspected or accused from the places of detention in custody or from the convoy;
      6) for suppression of attempt of suspected or accused to cause harm to others or themselves;
      7) for detention and convoying of suspected, accused and convicted, escaped or evading of serving the sentence of imprisonment.
      2. As the special means may be applied:
      1) handcuffs – in the case, provided by subparagraph 3), 5)-7) of paragraph 1 of this Article, in the absence of handcuffs the servants of places of detention in custody shall have a right to use improvised means of binding;
      2) rubber truncheons – in the cases, provided by subparagraph 1)-6), 7) of paragraph 1 of this Article;
      3) gas spray gun and lachrymatory agents – in the cases, provided by subparagraphs 1)-4), 6), 7) of paragraph 1 of this Article;
      4) light and sound devices distracting influence – in the cases, provided by subparagraphs 1)-4), 6) of paragraph 1) of this Article;
      5) devices for opening premises, forced stopping of transport – in the cases, provided by subparagraphs 2) and 4) of paragraph 1 of this Article;
      6) water cannons, armored vehicles and other special transport vehicles – in the cases, provided by subparagraphs 2) and 4) of paragraph 1 of this Article;
      7) service animals – in the cases, provided by subparagraphs 1)-6), 7) of paragraph 1 of this Article.
      3. It shall be prohibited to apply the special means, gas spray gun and fighting methods of struggle in relation of women, persons with obvious signs of disability, except for the cases of commission by them an attack, threatening the life and health of others, group attack or rendering of armed resistance.
      Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2004 No. 25.

Article 45. Application of fire arms in the places of
detention in custody

      1. Firearms may be applied in the places of detention in custody in the following cases:
      1) for protection against attack, threatening the life or health of servants of the places of detention in custody, suspected and accused, other persons;
      2) for holding off an attack of suspected or accused to the servants of the places of detention in custody, other persons in order to possess of weapon;
      3) for hostages release, captured buildings, constructions, premises and transport vehicles;
      4) for holding off group or armed attack on the buildings, constructions, premises and transport vehicles of the places of detention in custody;
      5) for detention of person, rendering of armed resistance, as well as overtaken in commission of grievous crime against life and health of servants of the places of detention in custody or other persons;
      6) for suppression of attempt to escape of suspected or accused from the places of detention in custody or from the convoy;
      7) for detention of armed person, refusing to execute the legal requirement of the servant of the place of detention in custody on surrender of weapons;
      8) for suppression of violent release of suspected and accused;
      9) protection from animal attack;
      10) sending of emergency signal or call for help;
      11) in all other cases of necessary defence and extreme necessity.
      2. It shall be prohibited to apply the weapons in relation of women and minors, except for the cases of commission by them an armed attack, rendering of armed resistance, taking of hostages, transport vehicles, as well as aircraft or group attack.
      3. The prosecutor shall be immediately informed on each case of use of weapon and special means, caused the death of persons or other grave consequences.

Article 46. Regime of special conditions in the places
of detention in custody

      1. In the cases of natural disasters, epidemics, epizootic diseases, extensive fires, major accidents of life support systems, mass disorders or defiance of suspected and accused or in the existence of real threat of armed attack to the places of detention in custody, the regime of special conditions shall be introduced in the relevant places of detention in custody for the term of not more than thirty days by the decision of Ministry of internal affairs, Chairman of the National Security Committee, Minister of Defence of the Republic of Kazakhstan, agreed upon with the Procurator General of the Republic of Kazakhstan.
      2. Upon introduction of the regime of special conditions may be restricted or suspected all the measures, carried out with participation of suspected and accused; shall be enhanced their security, access control and supervision of suspected and accused, detaining in custody; shall be terminated reception of packages and parcels, as well as shall be taken other measures, provided by the Law.
      3. In the case of occurrence of immediately dangerous to life and health of suspected and accused, other persons, the head of administration of the place of detention in custody may independently introduce the measures, provided by paragraph 2 of this Article, with immediate notification respectively the Ministry of internal affairs, Chairman of the National Security Committee, Minister of Defence, Procurator General of the Republic of Kazakhstan, the head of internal affairs bodies, correctional system, national security, in the territory of which there is a place of detention in custody.
      4. Regime of special conditions in the places od detention in custody shall be cancelled by the body or civil servant, by whom it was introduced, or superior body or civil servant.
      Footnote. Article 46 as amended by the Laws of the Republic of Kazakhstan dated 16.07.2001 No. 244 (shall be enforced from 1 January, 2001); dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3-1. Detention of persons in the reception centers

      Footnote. The Law is supplemented by Chapter 3-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46-1. Reception and registration of persons,
brought to the reception centers

      1. Reception of persons, not having the fixed place of residence and (or) documents of identification shall be carried out in the basis of regulation of internal affairs bodies.
      2. If during the term, provided for reception, the identity has not been established, the complex of measures shall be conducted by the internal affairs bodies in the manner approved by the Ministry of Internal Affairs of the Republic of Kazakhstan by agreement with General Prosecutor of the Republic of Kazakhstan.
      If it is impossible to establish the place of residence and (or) identity of the person, the internal affairs bodies shall direct the regulation on application of preventive restriction of liberty of movement in relation of such person in a court during forty-eight hours from the date of detention.
      After receiving of court sanction, the regulation shall be immediately announced on receipt to the person, not having the fixed place of resident and (or) the documents of identification. In the case of refusal by court to sanction the regulation on application of preventive restriction of liberty of movement, such person shall be immediately released from the reception center.
      3. Upon detention of person, not having the fixed place of residence and (or) documents of identification, in which there are the children, the court shall take the measures on determination of the place of his (her) residence in accordance with the legislation of the Republic of Kazakhstan.
      4. Upon placement of foreigners in the reception center, the state body, carrying out detention shall immediately inform the General Prosecutor on that, the Ministry of Foreign Affairs, National Security Committee and Ministry of Internal Affairs of the Republic of Kazakhstan.
      5. Each person, brought and placed in the reception center shall be subjected to personal search, medical examination, sanitary disposal, fingerprinted and photographed.
      6. Procedure of conducting of personal search, medical examination, sanitary disposal, fingerprinting and photographing, as well as the list of items, subjected to seizure shall be determined by the rules of internal order in the reception center, approved by the Ministry of Internal Affairs of the Republic of Kazakhstan.

Article 46-2. Verification of persons, placed
in the reception center

      1. A person, not having the fixed place of residence and (or) documents of identification, placed in the reception center shall be subjected to verification for the purposes of establishement of identity.
      2. Polling of person, placed in the reception center shall be carried out during the day of his (her) stay in the reception center. The results of polling shall be formed by the protocol, signed by the respondent and servant, carried out the polling.

Article 46-3. The terms of detention, procedure and grounds
of release from the reception center

      1. A person, not having the fixed place of residence and (or) documents of identification shall be placed in the reception center on the basis of regulation of internal affairs body, sanctioned by court on application of preventive restriction of liberty of movement for the term of up to thirty days.
      2. A person, not having the fixed place of residence and (or) documents of identification shall be released from the reception center earlier than the term, established by paragraph 1 of this Article, in the cases of:
      1) establishment of identity;
      2) establishment of implication to the commission of criminal and administrative infractions;
      3) establishment of the person of a minor age with direction to the centers of adaptation of minors in the manner established by the legislation of the Republic of Kazakhstan.
      3. Upon release of person, not having the fixed place of residence and (or) documents of identification shall be issued the regulation, in which the results of verification on establishement of identity are represented, by the head of reception center or his (her) assistant from the reception center. During twenty-four hours from the date of release, the prosecutor, a court and center of social adaptation for persons, not having the fixed place of residence shall be informed in a written form.
      The documents, money and items, seized from him (her), except for the items and substances, the storage of which is illegal shall be returned to the person, released from the reception center on receipt, who does not have the fixed place of residence and (or) documents of identification.
      4. Upon release from the reception center, the packed meal by food standards, provided for detention in the reception center, and release certificate shall be given to the persons, not having the fixed place of residence and (or) documents of identification at the time of travel to the place of further devices.
      Footnote. Article 46-3 as amended by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).

Article 46-4. The regime of detention in the reception center

      1. The regime, ensuring security of detained persons and excluding possibility of their unauthorized leave shall be established in the reception centers. Conditions of detention in the reception center, equipment of premises, the plan of the day shall be determined by the rules of internal order of reception center, approved by the Ministry of Internal Affairs of the Republic of Kazakhstan.
      2. The persons, not having the fixed place of residence and (or) documents of identification, detained in the reception centers shall be provided by meal by the standards, established for detained in custody and residing in the temporary detention facility.
      If the detained have the children, they may be placed together in a separate cell by the court decision and shall be provided by the meals in accordance with the legislation of the Republic of Kazakhstan on prevention of infractions, neglect and homelessness among minors.
      3. Men, placed in the reception center shall be placed separately from women.
      4. Physical force and special means may be applied to the persons, detained in the reception center in accordance with the Law of the Republic of Kazakhstan “On internal affairs bodies of the Republic of Kazakhstan”.

Article 46-5. Rights and obligations of persons,
detained in the reception centers

      1. Persons, detained in the reception centers shall have a right to:
      1) receive information on their rights and obligations, regime of detention in the reception center, procedure of submission of proposals, applications and complaints;
      2) personal security in the period of stay in the reception center;
      3) get material and social and health service support by standards, approved by the rules of internal order;
      4) eight hours of sleep at night;
      5) daily walk at least two hours a day;
      6) worship – upon condition of observance of rules of internal order and rights of other persons, detained in the reception center;
      7) apply to administration of reception center, procuracy bodies, the court on issues of legality and reasonableness of their detention, as well as violation of their rights and legal interests.
      2. Persons, placed in the reception centers shall be obliged to comply with the rules of internal order.
      3. The following enforcement actions shall be applied to the persons, violated the established rules of internal order, depending on nature and gravity of offence:
      1) warning;
      2) extraordinary duty on cleaning of premises of reception center.
      Decision on application of enforcement actions shall be adopted by the head of reception center and formed by the motivated regulation.

Chapter 3-2. Detention of persons, subjected to the
administrative arrest in the special reception centers

      Footnote. The Law is supplemented by chapter 3-2 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46-6. Reception and registration of persons, subjected
to administration arrest and brought to the special
reception centers

      1. Upon admission of persons, subjected to the administrative arrest to the special reception center shall be verified availability of:
      1) decree of judge on arrest, signed by him (her) personally and sealed by court;
      2) protocol of personal search with seized items, prohibited for storage in the special reception center;
      3) documents of identification of person, subjected to the administrative arrest.
      2. Procedure of registration of persons, brought to the special reception centers, conducting of personal search, medical examination, fingerprinting and photographing, as well as the list of items, subjected to seizure shall be determined by the rules of internal order in the special reception center, approved by the Ministry of Internal Affairs of the Republic of Kazakhstan.
      3. Administration of special reception center shall inform the close relative on place of residence on placement of persons, subjected to administrative arrest, to the special reception center or direction them in the relevant medical organizations.
      4. Application of persons, subjected to the administrative arrest, addressed to the court, procuracy bodies or other state bodies shall not be considered and directed at address during twenty-four hours from the time of their submission.

Article 46-7. Regime of detention of persons, subjected to
administrative arrest

      1. Persons, subjected to administrative arrest are detained in the cells, the doors of which shall have strong locks and inspection openings, the windows are equipped with metal bars. The rules of internal order shall be posted in each cell in the special reception center.
      2. The regime, providing twenty-four hour service and excluding possibility of unwarranted leave of detained person outside of institution shall be established in the special reception centers.
      Physical force and special means may be applied to the persons, subjected to the administrative arrest in accordance with the Law of the Republic of Kazakhstan “On internal affairs bodies of the Republic of Kazakhstan”.
      3. Persons, subjected to the administrative arrest, detained in the special reception centers shall be provided by the meals by standards, established for detained in custody and residing in the temporary detention facility. Food products shall be daily given by duty officer on the statement.
      4. Men, placed in the reception center shall be placed separately from women.
      5. Afflicted persons, infectious by form of tuberculosis, venereal and other infectious diseases shall be isolated from other persons, subjected to the administrative arrest.

Article 46-8. Rights and obligations of persons, detained in
the special reception centers

      1. Persons, subjected to the administrative arrest, detained in the special reception centers shall have a right to:
      1) receive information on their rights and obligations, regime of detention in the special reception center, procedure of submission of proposals, applications and complaints;
      2) personal security in the period of stay in the reception center;
      3) get material and social and health service support by standards, approved by the rules of internal order in the special reception center;
      4) receive letters, packages, post packages and parcels;
      5) eight hours of sleep at night;
      6) daily walk at least two hours a day;
      7) worship – upon condition of observance of rules of internal order and rights of other persons, detained in the reception center;
      8) apply to administration of reception center, procuracy bodies, the court on issues of legality and reasonableness of their detention, as well as violation of their rights and legal interests.
      2. Persons, subjected to the administrative arrest, placed in the special reception centers shall be obliged to comply with the rules of internal order.

Article 46-9. Release of persons, subjected to the
administrative arrest from the special reception center

      1. Persons, subjected to the administrative arrest shall be released from the special reception center on completion of the term of administrative arrest, established by the decree of judge.
      2. The documents, money and items, seized from him (her), except for the items, the storage of which is illegal shall be returned to the released persons on receipt.
      3. Upon illegal storage of firearms or cold arms, explosive, potent or poisonous substances and narcotic drugs by persons, subjected to administrative arrest, the decision shall be accepted in accordance with the legislation of the Republic of Kazakhstan.
      4. The certificate on stay him (her) in the special reception center shall be issued to the released person.

Chapter 3-3. National preventive mechanism

      Footnote. The Law is supplemented by chapter 3-3 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 46-10. National preventive mechanism

      1. National preventive mechanism shall act in the form of prevention of torture and other cruel, inhuman or degrading types of treatment or punishment, functioned by activity of participants of national preventive mechanism.
      2. Participants of national preventive mechanism shall visit the special institutions and premises, providing temporary isolation from society, as well other organizations, determined by the Laws of the Republic of Kazakhstan for visit by these participants (hereinafter - preventive visits) within their activity.
      3. Participants of national preventive mechanism shall be the Commissioner for human rights, as well as the members of public supervisory committees and public associations, selected by the Coordination Council, carrying out activity on protection of rights, legal interests of citizens, lawyers, social workers, doctors.
      4. Commissioner for human rights shall coordinate activity of participants of national preventive mechanism, take the measures for ensuring of necessary capacity and professional knowledge of participants of national preventive mechanism in accordance with the legislation of the Republic of Kazakhstan.
      5. Compensation of expenses of participants of national preventive mechanism on preventive visits shall be carried out from the budget funds in the manner determined by the Government of the Republic of Kazakhstan.

Article 46-11. Coordination Council

      1. Coordination Council shall be created upon Commissioner for human rights for the purposes of ensuring of effective coordination of activity of national preventive mechanism.
      Members of Coordination Council, except for the Commissioner for human rights shall be elected by committee, created by the Commissioner for human rights from the number of citizens of the Republic of Kazakhstan.
      2. Commissioner for human rights shall approve:
      provision on Coordination Council upon Commissioner for human rights;
      procedure of selection of participants of national preventive mechanism;
      procedure of formation of groups from the participants of national preventive mechanism for preventive visits;
      methodological recommendations on preventive visits;
      procedure of preparation of annual consolidated report on the results of preventive visits.
      3. Coordination council shall cooperate with Sub-committee on prevention of torture and other cruel, inhuman or degrading types of treatment or punishment of the Committee of Organization of United Nations against torture.

Article 46-12. Requirements to the participants of
national preventive mechanism

      1. Participants of national preventive mechanism may not be the persons:
      1) having not spent or not expunged conviction in the manner established by the Law;
      2) suspected or accused in commission of a crime;
      3) recognized by the court as disabled or impaired;
      4) judges, lawyers, civil servants and military servicemen, as well as employees of law enforcement and special state bodies;
      5) registered by a psychiatrist and (or) narcologist.
      2. Participants of national preventive mechanism shall be also the persons, released from criminal responsibility on non-rehabilitating grounds for commission of intended crime; dismissed from state or military service, law-enforcement and special state bodies, courts or excluded from the bar association on negative motives; deprived of the license to practice law.

Article 46-13. Rights of participants of national
preventive mechanism

      1. Participants of national preventive mechanism shall have a right to:
      1) receive information on number of persons, detained in the institutions and organizations, subjected to preventive visits, the number of such institutions and their location;
      2) have an access to information, concerning the treatment with persons, detained in the institutions and organizations, subjected to preventive visit, as well as conditions of their detention;
      3) carry out preventive visits in the established procedure in the composition of formed groups;
      4) conduct talks with persons, detained in the institutions and organizations, subjected to the preventive visits, and (or) their legal representatives without witnesses, personally or if it is necessary through the interpreter, as well as with any other person, who in the opinion of participant of national preventive mechanism may provide the relevant information;
      5) free to choose and visit institutions and organizations, subjected to preventive visit;
      6) receive the messages and complaints on application of torture and other cruel, inhuman or degrading treatment or punishment.
      2. Participant of national preventive mechanism shall be independent upon carrying out of legal activity.

Article 46-14. Obligations of participants of national
preventive mechanism

      1. Upon execution of their powers, participants of national preventive mechanism shall be obliged to comply with the legislation of the Republic of Kazakhstan.
      2. It is not allowed intervention of participants of national preventive mechanism in the activity of institutions and organizations, subjected to the preventive visit.
      3. In the existence of circumstances, calling into question in impartiality of participant of national preventive mechanism, including into the group on preventive visit, he (she) shall be obliged to refuse from participation in the preventive visit.
      4. Participants of national preventive mechanism shall be obliged to register received messages and complaints on application of torture and other cruel, inhuman or degrading the types of treatment and punishment in the manner determined by the Commissioner for human rights.
      Received messages and complaints shall be transferred for consideration to the Commissioner for human rights in the manner provided by the legislation of the Republic of Kazakhstan.
      Information on received and transferred messages and complaints shall be included in the report on the results of preventive visits.
      5. Participants of national preventive mechanism, violated provision of this Law shall bear responsibility, established by the Laws of the Republic of Kazakhstan.

Article 46-15. Termination of powers of the participant
of national preventive mechanism

      Powers of participant of national preventive mechanism shall be terminated upon:
      1) violation of provisions of this Law;
      2) written application on resignation;
      3) the death or entering into legal force of court decision on declaring him (her) dead;
      4) departure for permanent residence outside of the Republic of Kazakhstan;
      5) loss of citizenship of the Republic of Kazakhstan;
      6) entering into force of guilty court verdict;
      7) occurrence of other cases, provided by the Laws of the Republic of Kazakhstan.

Article 46-16. Types and periodicity of preventive visits

      1. Preventive visits of participants of national preventive mechanism shall be subdivided into:
      1) periodic preventive visits, conducted on a regular basis, at least once every four years;
      2) interim preventive visits, conducted in the period between periodic preventive visits for the purposes of monitoring of implementation of the recommendations on the results of previous periodic preventive visit, as well as prevention of prosecution of persons, with whom participants of national preventive mechanism were interviewed, on the part of administrations of institutions and organizations, subjected to preventive visits;
      3) special preventive visits, conducted on the basis of received messages on application of torture and other cruel, inhuman or degrading the types of treatment and punishment.
      2. Coordination council shall determine the terms and list of institutions and organizations, subjected to preventive visits within the allocated budget funds.

Article 46-17. Procedure of preventive visits

      1. Preventive visits shall be conducted by groups, formed by Coordination council from the participants of national preventive mechanism, in accordance with the rules, approved by the Government of the Republic of Kazakhstan by agreement with Commissioner for human rights.
      2. Upon formation of groups for preventive visits nobody from participants of national preventive mechanism may not be subjected to any form of discrimination on grounds of origin, social, official or property position, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
      3. Ensuring of security of participants of national preventive mechanism shall be imposed on administration of institutions and organizations, subjected to preventive visit. In the case of illegal actions of participants of national preventive mechanism, the head of administration of institutions and organizations, subjected to preventive visit shall inform the Commissioner for human rights in a written form.
      4. Written report on the form, approved by Coordination Council, which is signed by all members of group, carried out preventive visit shall be prepared in the name of group according to results of each preventive visit. A member of group, having special opinion shall form it in a written form and attach to the report.

Article 46-18. Annual consolidated report of participants
of national preventive mechanism

      1. Coordination council shall prepare an annual consolidated report of participants of national preventive mechanism in recognition of their reports according to the results of preventive visits.
      2. An annual consolidated report of participants of national preventive mechanism shall also include:
      recommendation of the authorized state body on improvement of conditions of treatment of persons, detained in the institutions and organizations, subjected to the preventive visit and prevention of torture and other cruel, inhuman or degrading types of treatment or punishment;
      proposals on improvement of legislation of the Republic of Kazakhstan.
      Financial report on preventive visits over the past year shall be attached to the annual consolidated report of participants of national preventive mechanism.
      3. Annual consolidated report of participants of national preventive mechanism shall be directed for consideration by the authorized state body and shall be posted on web-site of the Commissioner for human rights not later than one month from the date of its approval by Coordination council.

Article 46-19. Confidentiality

      1. Participants of national preventive mechanism shall not have a right to disclose details on private life of person, which became known to them during preventive visits, without the consent of that person.
      2. Disclosure of details by participants of national preventive mechanism on private life of person, which became known to them during preventive visits, without the consent of that person shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

Article 46-20. Cooperation of the authorized state body with
participants of national preventive mechanism

      1. State bodies and their civil servants shall render assistance to the participants of national preventive mechanism in carrying out them the legal activity.
      None of the state body or civil servant shall not have a right to restrict the rights and freedoms of citizens for disclosure on facts on application of torture and other cruel, inhuman or degrading types of treatment or punishment to the participants of national preventive mechanism.
      Civil servants, obstructing to the legal activity of participants of 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 on measures, adopted according to the results of consideration of received reports in written form during three months from the date of reception of annual consolidated report of participants of national preventive mechanism.
      3. Commissioner for human rights shall have a right to apply to the authorized state bodies or civil servants with application on initiation of disciplinary or administrative proceedings or criminal case in relation of civil servant, violated the rights and freedoms of person and citizen on the basis of reports of participants of national preventive mechanism on the results of preventive visits in the manner established by the legislation of the Republic of Kazakhstan.

Chapter 4. Final provisions

Article 47. Grounds of release of suspected and accused
from custody

      Grounds of release of suspected and accused from custody shall be:
      1) regulation of investigator, interrogating officer, prosecutor or judge, as well as judicial decree, rendered in accordance with Criminal Procedure Code of the Republic of Kazakhstan;
      2) regulation of the head of administration of the place of detention in custody or prosecutor on release of specified suspected or accused in connection with expiration of a term of detention in custody, established by the legislation of the Republic of Kazakhstan.

Article 48. Procedure of release of suspected and accused
from custody

      1. Release of suspected and accused from custody shall be carried out by the head of administration of the place of detention in custody on receipt of motivated regulation of investigator, interrogating officer, prosecutor or judge, or on motivated decree of court.
      2. The head of administration of the place of detention in custody shall be obliged to notify on that the body or person, in the processing of which there is a criminal case, as well as the prosecutor not later than twenty-four hours before the expiration of the term.
      3. If upon the expiration of the term, established by the Law, of detention or arrest as preventive measure, the relevant decision on release of suspected or accused or on extension of term of his (her) arrest as preventive measure or notification on that decision is not received, the head of administration of the place of detention in custody shall release him (her) by his (her) regulation, the copy of which shall direct to the body or person, in the processing of which there is a criminal case, and prosecutor during twenty-four hours in accordance with the Criminal Procedure Code of the Republic of Kazakhstan.
      4. Upon failure to comply with requirements of third paragraph of this Article, the head of administration of the place of detention of suspected and accused in custody shall bear responsibility, established by the Law.
      5. Private papers, clothes, money, stored on personal account, as well as certificate, in which shall specify: who sanctioned his arrest; grounds, place and time of detention and election of preventive measure; grounds and time of release shall be issued to the suspected or accused, released from custody. Suspected or accused, released from custody by administration of the place of detention in custody, in the case of necessity shall be provided by travel to the place of residence by railway, motor or water transport, food, and clothing for the season.

Article 49. Supervision of procedure and conditions of
detention of persons in the special institutions

      Procuracy bodies shall carry out the supervision of procedure and conditions of detention of persons in the special institutions.
      Footnote. Article 49 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 50. Public control

      1. Public control shall be carried out by public associations for the purposes of rendering assistance to the persons, detained in the special institutions, in carrying out of their rights and legal interests in a part of conditions of detention, health service support, organization of labour, leisure and education, provided by the legislation of the Republic of Kazakhstan.
      2. Public supervisory committees of regions, cities of republican significance and the capital shall be formed for carrying out of public control in the manner determined by the Government of the Republic of Kazakhstan.
      3. Public supervisory committees shall have a right to render assistance to the administration of special institutions for the purposes of creation of conditions for ensuring of rights, freedoms and legal interests of persons, detained in them.
      4. Public control and assistance of public supervisory committees of activity of administration of special institutions shall be carried out on the basis of principles of voluntariness, equality and legality.
      5. Intervention in the activity of special institutions, as well as operational-search, criminal procedure activity and production on the cases of administrative infractions shall not be allowed upon carrying out of public control.
      Footnote. The Law is supplemented by Article 50 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 51. Powers of public supervisory committee

      1. Public supervisory committee, as well as members of public supervisory committee shall have a right to:
      1) visit the special institutions without delay consisting of at least two members of the public supervisory committee in the manner determined by the central executive bodies;
      2) have a conversation with persons, detained in the special institutions, with the consent of specified persons, as well as receive applications and complaints on issues of violation of their rights and legal interests;
      3) apply with applications to the administration of special institutions and (or) the procuracy bodies on issues, related with ensuring of rights and legal interests of persons, detained in the special institutions.
      2. Powers of public supervisory committee on visit of specified institutions shall be suspended for the period of introduction of a regime of special conditions in the special institutions.
      3. Upon execution of powers, the members of public supervisory committee shall be obliged to observe provisions of regulatory legal acts, ensuring activity of special institutions, as well as comply with the legal requirements of administration of specified institutions. Implementation of measures of public control shall not create obstacles of carrying out of procedural actions.
      Footnote. The Law is supplemented by Article 51 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2010 No. 375-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      The President
      of the Republic of Kazakhstan