On the Rights of a Child in the Republic of Kazakhstan

Updated Unofficial translation

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

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

      The Law regulates relations arising due to implementation of basic rights and legal interests of a child guaranteed by the Republic of Kazakhstan proceeding from the principles of priority of preparing children to full life in society, their development of social important and creative activity, development of high moral qualities, patriotism and civic consciousness, formation of the national consciousness on the basis of universal human values of the word civilization.

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

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:

      1) a child being left without custody of parents – a child who left without custody of only one or both parents due to their restriction or deprivation of their parental rights, recognition of parents as missing, declaring their as deceased, recognition of incapable (partially capable), service of sentence in the places of deprivation of freedom by parents, evading from nurturing of a child or from protection of his (her) rights and interests, as well as upon refusal of parents to take their child from fostering or medical institutions, as well as in other cases of absence of parental custody;

      2) a child – a person under eighteen years of age (majority age);

      3) organizations carrying out the functions on protection of rights of a child – organizations carrying out social assistance, rendering of social, medical and social, social and pedagogical, psychology and pedagogical, legal services and material assistance, social rehabilitation of children being in difficult real-life situation, promotion of employment of such children upon their reaching employable age;

      4) social rehabilitation of a child – measures on restoration of social communications and functions lost by a child, replenishment of life support environment, strengthening of his care;

      5) social adaptation of a child – process of active adjustment of a child being in a difficult real-life situation to conditions of social environment by acquisition and perception of values, rules and norms of behavior accepted in society, as well as process of overcoming the consequences of psychological and (or) moral injury;

      6) legal representatives of a child – parents, adoptive parents, trustee, guardian, patronage educator, foster parents, other persons substituting them, carrying out care, education, upbringing, protection of rights and interests of a child in accordance with the legislation of the Republic of Kazakhstan;

      7) economic exploitation of a child – the worst forms of child labour, as well as trafficking of minor children, their involvement in criminal activity or in commission of anti-social actions, prostitution, production of indecent prints or participation of minor children in entertainment events of pornographic character, as well as labour committed by children under minimal age for acceptance for employment established by the Laws of the Republic of Kazakhstan;

      8) orphan-child – a child whose only one or both parents are died;

      9) trusteeship – legal form of protection of the rights and legal interests of children at the age from fourteen to eighteen years;

      10) custody – legal form of protection of the rights and legal interests of children under fourteen years;

      11) state minimal social standards – basic indices of ensuring life quality of children including minimal volume of social services, norms and normative standards established by the state;

      12) disabled child – a person at the age up to eighteen years having deterioration of health with steady functional disturbance of organism, conditioned by diseases, injuries, their consequences, defects, leading to restriction of life-sustaining activity and necessity of his (her) social protection;

      12-1) a child (children), being in a difficult life situation – a child (children), whose life activity is violated as a result of the circumstances, provided by the Law of the Republic of Kazakhstan "On Special Social Services", and who cannot overcome these circumstances independently or with the help of the family;

      13) foster care – form of nurturing upon which a child who left without custody of parents shall be transferred for a care in a family of citizens under the contract concluded by the authorized state body and a person (patronage educator) who expressed a wish to take a child for care;

      14) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

      15) Ombudsman for the rights of children in the Republic of Kazakhstan – a person, appointed by the President of the Republic of Kazakhstan, who is entrusted with the functions of ensuring the basic guarantees of the rights and legitimate interests of children, as well as restoring their violated rights and freedoms in cooperation with state and public institutions.

      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2014 № 236-V (shall be enforced from 01.01.2015); dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Force of the Law

      1. Force of the Law shall apply to citizens of the Republic of Kazakhstan. Child who is not a citizen of the Republic of Kazakhstan shall enjoy the rights and freedoms in the Republic, as well as incur obligations established for citizens, unless otherwise provided by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

      2. Force of the rules of the Law establishing the rights and obligations of a child shall apply to children that acquired civil legal capability in a full measure until attainment of majority age in accordance with the Laws of the Republic of Kazakhstan.

      Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. The Legislation of the Republic of Kazakhstan on the rights of a child are based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan in the field of protection of the rights of a child.

      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied with the exception of cases when it follows that issuance of the Law of the Republic of Kazakhstan is required for its applying.

Article 4. Legal equality of children

      1. All the children shall have equal rights independently of origin, race and national identity, social and material position, gender, language, education, relation to religious, residence place, health condition and other circumstances concerning a child and his (her) parents or other legal representatives.

      2. Children born as in marriage, so out of a marriage shall enjoy equal and comprehensive protection.

      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Prohibition of restricting rights of a child

      Rights of a child may not be restricted, with the exception of cases established by the Laws of the Republic of Kazakhstan.

      Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. State policy in favor of children

Article 6. Purposes of state policy in favor of children

      1. Purposes of state policy of the Republic of Kazakhstan in favor of children are:

      1) ensuring of rights and legal interests of children, non-admission of their discrimination;

      2) strengthening of basic guarantees of rights and legal interests of children, as well as restoration of their rights in case of violations;

      3) formation of legal grounds for guarantees of rights of a child, creation of the relevant bodies and organizations on protecting rights and legal interests of a child;

      4) assistance for physical, intellectual, spiritual and moral development of children, patriotic, civic consciousness and peacefulness education, as well as implementing a personality of a child in favor of society, traditions of the people of the state, achievements of national and world culture;

      5) ensuring of purposeful work on formation of legal sense and legal culture of a minor child;

      6) ensuring protection of children from information harmful to their health and development.

      2. State policy in favor of children is a priority field of activity of state bodies and is based on:

      1) legislative ensuring of the rights of a child;

      2) state assistance of a family for the purpose of ensuring of full nurturing of children, protection of their rights, their preparation for full life in society;

      3) establishment and compliance with state minimal social standards oriented to improvement of life of children in recognition of regional special aspects;

      4) responsibility of civil servants, citizens for violation of rights and legal interests of a child, infliction of harm to him (her);

      5) state assistance of public associations and other organizations carrying out the functions on protection of rights and legal interests of a child.

      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication).

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

      1. Powers of central executive bodies on ensuring the guarantees of the rights of a child shall include:

      1) development of the basis of state policy in favor of children;

      1-1) implementation of the state policy in the sphere of protection of children from information harmful to their health and development;

      2) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      3) adoption of regulatory legal acts on regulating and protecting the rights and freedoms of a child within the competence;

      4) establishment of state minimal social standards oriented to improvement of life of children;

      5) carrying out of measures on implementing state policy in favor of children at the expense of budget means and other sources not prohibited by the legislation of the Republic of Kazakhstan;

      6) fulfillment of international obligations of the state and representation of interests of the state in international organizations on the issues of protecting the rights of a child;

      7) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      8) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);

      9) carrying out of other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      2. (Is excluded)

      3. Powers of local executive bodies on carrying out the guarantees of the rights of a child shall include:

      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      1-1) ensuring implementation of the state policy in the sphere of protection of children from information harmful to their health and development;

      2) participation in formation of social infrastructure for children;

      3) determination of the procedure for informing and conducting advices, carrying out of measures on protection of rights and legal interests of a child;

      4) carrying out of measures on implementing state policy in favor of children in the field of nurturing, education, public health service, science, culture, physical culture and sport, social services and social protection of a family determined by the central executive bodies;

      4-1) carrying out of compulsory arrangement of labour and provision of housing for orphaned children, children left without custody of parents in established manner;

      5) carrying out of other powers assigned on local executive bodies by the legislation of the Republic of Kazakhstan in favor of local state management.

      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 № 13 (shall be enforced from 01.01.2005); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 № 258-IV; dated 06.01.2011 № 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 №. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 №. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 № 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 № 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan from 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication).

Article 7-1. Institution of the Ombudsman for the rights of a child

      1. The institution of the Ombudsman for the rights of a child shall be established by the President of the Republic of Kazakhstan and carry out its activities on a voluntary basis in order to guarantee the rights and legitimate interests of children, as well as to restore their violated rights and freedoms in cooperation with state and public institutions.

      2. The activities of the Ombudsman for the rights of a child shall be based on the principles:

      1) legality;

      2) independence;

      3) accessibility for children;

      4) priority of protection of the rights and legitimate interests of a child;

      5) objectivity;

      6) publicity.

      3. The Ombudsman for the rights of a child shall be guided in his/her activities by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7-2. Ombudsman for the rights of a child

      In order to ensure protection of the rights and legitimate interests of children, the Ombudsman for the rights of a child shall:

      1) consider appeals concerning violations of the rights, freedoms and legitimate interests of a child, and complaints against decisions or actions (inaction) of the state central and local executive bodies and organizations, enterprises, their officials, violating the rights, freedoms and legitimate interests of a child;

      2) provide assistance in the unimpeded realization and restoration of the violated rights, freedoms and legitimate interests of a child;

      3) develop and make recommendations to the Government of the Republic of Kazakhstan on improvement of the legislation of the Republic of Kazakhstan;

      4) have unimpeded access to the state bodies and organizations of the systems of education, healthcare and social protection of the population, defense, culture and sports, as well as institutions of the penal system, where minors are held;

      5) have unimpeded access to the documents of state and public institutions dealing with children's rights;

      6) perform other powers, assigned to him/her by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 7-2 in accordance with the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. Main rights and obligations of a child

Article 8. Right of a child to protection of health

      1. Each child shall have inalienable right to protection of health.

      2. State shall create conditions for mother on protection of her health for ensuring a birth of healthy child.

      3. Right of a child to protection of health shall be ensured by:

      1) adoption of the legislation of the Republic of Kazakhstan in the field of protection of health of a child;

      2) propaganda and stimulation of children’s healthy lifestyle;

      3) state support of scientific researches in the field of protection of health of children;

      4) control of condition of health of a child, his (her) parents and preventive treatment of childhood diseases;

      5) rendering of qualified medical treatment;

      6) creation of favorable environment being required for healthy development of a child;

      7) control of producing and selling food stuff of proper quality for children.

      4. The state shall guarantee gratuitous volume of medical assistance for children in accordance with the legislation of the Republic of Kazakhstan.

      5. Any scientific tests or other experiments with a child inflicting harm to his (her) life, health and normal physical and psychological development shall be prohibited.

      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      Each child after birth shall be registered in accordance with the Laws of the Republic of Kazakhstan. From the date of birth, he (she) shall have the right to first name, patronymic and last name, nationality and citizenship, and in cases provided by the Laws of the Republic of Kazakhstan, right to their preservation.

      Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Each child shall have the right to life, personal freedom, inviolability of dignity and private life.

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

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

      1. Each child shall have the right to freedom of speech and expression of own opinion, freedom of conscience, development of own social activity, receipt and distribution of information being relevant to his (her) age, voluntary participation in public associations, as well as in other forms of non-commercial organizations and peaceful meetings permitted by the legislation of the Republic of Kazakhstan.

      2. The state bodies shall promote the activities of public associations aimed at the development of the personality of children, their creative makings, social activity, scientific, technical and artistic creativity, protection of their intellectual property, protection of life and health of children, protection of natural environment, historical and cultural monuments, carrying out charity, involving in participation in cultural and sports life, leisure activities.

      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 № 403-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Each child shall have the right to level of life and conditions being required for full physical, psychological, moral and spiritual development.

      2. The state shall ensure creation of these conditions through the system of social and economic measures.

Article 13. Property rights of a child

      1. A child shall have the right to receive maintenance from his (her) parents and other family members in the manner and amounts established by the Law. The sums owing to a child as alimonies, benefits and other social payments shall be transferred to the ownership of parents (their substituting persons) and shall be spent for maintenance, education and nurturing of a child.

      2. Each child shall have the right to make transactions, have contributions in banks and dispose of earning, scholarship and other incomes and objects of intellectual property right, acquire and carry out other property rights on an independent basis or through his (her) legal representatives in the manner established by the legislation.

      Parents or legal representatives shall have the right to contribute monetary funds appropriated by the state as child allowance or material assistance in the name of a child.

      3. Each child shall have the right of property for incomes received by him (her), property received by him (her) as a gift or in order of succession, as well as for any other property acquired at the expense of a child.

      Child receiving incomes from his (her) own labour shall have the right to participate in expenses on maintenance of family, if he (she) lives with parents.

      Right of a child for disposition of property owing to him (her) on the basis of a right of ownership shall be determined by civil legislation of the Republic of Kazakhstan.

Article 14. Right of a child to dwelling place

      1. Each child shall have the right to dwelling place in accordance with housing legislation of the Republic of Kazakhstan.

      2. Orphan-child, child left without custody of parents, staying in educational, medical and other organizations including the organizations ensuring temporary isolation from society, being under trusteeship or guardianship, under foster care shall reserve the right of ownership to dwelling place or right of using the dwelling place, and in its absence, shall have the right to receiving the dwelling place in accordance with housing legislation of the Republic of Kazakhstan.

      Dwelling place from state housing fund or dwelling place leased by local executive body in a private housing fund shall be reserved for orphaned children, children left without custody of parents for the period of their stay in educational, medical and other organizations, including the organizations ensuring temporary isolation from society, being under trusteeship or guardianship, under foster care – until their attainment of majority age.

      3. Children being left without custody of parents, as well as orphaned children may not be dispossessed from dwelling place occupied by them without provision of other dwelling place.

      4. Reservation of a right of ownership to dwelling place or right of using the dwelling place of children mentioned in paragraph 2 of the Article shall be ensured by local executive bodies.

      5. Making transactions on alienation, as well as exchange or grant of dwelling place belonging to an orphan-child, a child being left without custody of parents not attained the age of fourteen years, or conclusion of contract of guarantee, transactions on delivery of dwelling place in uncompensated use or in gage, transactions leading refuse from the rights to succession belonging to him (her) according to the Law, will, division of their dwelling place or apportionment of participatory share from it shall not be allowed.

      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 126-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Local executive bodies shall:

      1) register and carry out control of preservation of dwelling place belonging to orphaned children, children being left without custody of parents;

      2) ensure preservation of dwelling place belonging to orphaned children, children being left without custody of parents until their arrangement under trusteeship or guardianship, under foster care in educational medical and other organizations;

      3) establish custody of dwelling place belonging to orphaned children, children being left without custody of parents.

      2. Legal representatives of a child shall ensure preservation of dwelling place belonging to orphaned children, children being left without custody of parents.

      Legal representatives of a child may let the dwelling place belonging to orphaned children, children being left without custody of parents on lease (sublease) with the agreement of body carrying out the functions on trusteeship or guardianship, on the basis of standard form contract approved by the Government of the Republic of Kazakhstan.

      Money received under residential lease (rental) agreement shall be subject to crediting on bank account of orphaned children, children being left without custody of parents.

      Rules of preservation of dwelling place belonging to orphaned children, children being left without custody of parents shall be approved by the Government of the Republic of Kazakhstan.

      Rules of preservation of dwelling place belonging to orphaned children, children being left without custody of parents shall include the procedure for:

      1) registering dwelling place of orphaned children, children being left without custody of parents;

      2) appointment of trusteeship of dwelling place belonging to orphaned children, children being left without custody of parents;

      3) leasing (renting) of dwelling place belonging to orphaned children, children being left without custody of parents;

      4) carrying out of control of fulfilling the obligation on preservation of dwelling place belonging to orphaned children, children being left without custody of parents by legal representatives of a child.

      3. Civil servants of local executive bodies and legal representatives of a child shall bear responsibility provided by the Laws of the Republic of Kazakhstan for non-fulfillment of obligation on preservation of dwelling place belonging to orphaned children, children being left without custody of parents.

      Footnote. Chapter 3 is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 NO. 126-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Right of a child to education

      1. Each child shall have the right to education and he (she) shall be guaranteed by receipt of gratuitous basic, main secondary and general secondary education and on a competitive basis – gratuitous technical and professional, post-secondary and higher education in accordance with the legislation of the Republic of Kazakhstan on education.

      2. Expel of a child from the state educational institution before receipt of gratuitous general secondary education or technical and professional education besides compliance with general procedure for expelling may be conducted only upon notifying the bodies of trusteeship and guardianship.

      3. Additional funds shall be appropriated for children with disabilities being in need of special pedagogical approaches guaranteeing receipt of education at the level of established standards from the state budget.

      4. State shall bear costs fully or partially for maintenance of children being in need of social protection during the period of their receipt of education. Amounts and sources of social assistance during their receipt of education shall be determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article2).

Article 16. Right of a child to freedom of labour

      1. Each child shall have the right to freedom of labour, free choice of business occupation and profession.

      2. From the age of fourteen years, children shall have the right to participate in socially useful labour at the time free from study under permission of parents being available for them on health condition and development, not harming to physical, moral and psychic condition of a child, as well as shall have the right to obtain profession. This right shall be ensured by employment service and bodies of local state management.

      3. Procedure for conclusion and dissolution of labour agreement and other special aspects of regulating the labour of employees under the age of eighteen years shall be established by labour legislation of the Republic of Kazakhstan.

      4. Acceptance or engagement of a child for performance of any work that may be dangerous for his (her) health or may be an obstacle in receipt of his (her) education or may cause damage to his (her) health and physical, mental, spiritual, moral and social development shall be prohibited.

      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 15.05.2007 No. 253; dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      Each child shall have the right to protection from economic exploitation.

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

Article 17. Right of a child to state assistance

      1. State assistance shall be appointed to each child having the right to its receipt. Amount, conditions and procedure for rendering of state assistance shall be established by the legislation of the Republic of Kazakhstan.

      2. Children being left without custody of parents, as well as orphaned children shall be in full state security in accordance with the legislation of the Republic of Kazakhstan.

      3. State bodies shall ensure equal material and other conditions independently from the form of trusteeship or guardianship to each child being left without custody of parents.

Article 18. Establishment of state minimal social standards

      1. State policy in behalf of children shall be carried out on the basis of state minimal social standards.

      2. State minimal social standards shall include established minimal volume of social services on:

      1) guaranteed, publicly available gratuitous basic, main secondary and general secondary education and on gratuitous technical and professional, post-secondary and higher education on a competitive basis in accordance with the state educational order;

      2) gratuitous medical maintenance of children, their food supply in accordance with minimal food standards;

      3) guaranteed ensuring of a right tooccupational guidance, choice of the scope of activity, arrangement of labour, protection of labour, payment of labour for children upon their attainment of fifteen years of age in the manner established by the legislation of the Republic of Kazakhstan;

      4) social service, social protection of children, as well as ensuring of guaranteed material support by paying state benefits to citizens having children due to their birth and nurturing, as well as measures on social adaptation and social rehabilitation of children being in difficult real-life situation;

      5) ensuring of right to dwelling place in accordance with housing legislation of the Republic of Kazakhstan;

      6) organization of health improvement and recreation, as well as for children residing in extreme conditions, as well as in territories being unfavourable in ecological relation and recognized thereof in the manner established by the legislation of the Republic of Kazakhstan;

      7) rendering of qualified legal assistance.

      3. State minimal social standards shall be determined in recognition of regional differences in conditions of their residence. In accordance with the legislation of the Republic of Kazakhstan, bodies of local state management may establish additional social standards.

      4. Children being in the relevant educational organization, special and pedagogic-educational organization, healthcare organization, organization of social service or other institution and organization, shall have the right to periodical conformity assessment of services provided by it to state minimal social standards.

      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 27 July 2007 No. 320 (the order of enforcement see Article 2).

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

      1. Each child shall have the right to rest and leisure time being relevant to his (her) age, health and needs.

      2. Parents or persons substituting them shall ensure living conditions being necessary for maintenance and all-round development of a child in accordance with own abilities and facilities.

      3. State bodies shall constitute and maintain childhealth-improving, sport, creative and other leisure time organizations, camps and health resorts in accordance with the legislation of the Republic of Kazakhstan.

      4. State shall carry out measures on ensuring of a right of children to rest, health-improvement and leisure time.

      5. Conduct of public worship, religious customs, ceremonies and (or) meetings, as well as actions oriented to distribution of religious denomination in child health-improving, sport, creative and other leisure time organizations, camps and health resorts shall not be allowed.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 11.10.2011 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Obligations of a child

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

Chapter 4. Child and family

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

      Each child shall have the right to live and be nurtured in family, right to know his (her) parents and other close relatives, right to their care and nurturing, with the exception of cases when this contradicts to his (her) interests.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Right of a child in family

      Each child in family shall have personal non-property and property rights established by the Constitution of the Republic of Kazakhstan, this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. State support for families raising children

      State shall render support for families raising children by provision of social assistance in the manner established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Parents or other legal representatives shall be obliged to create the living conditions necessary for the full development of a child.

      2. Parents shall be obliged to nurture a child, carry out his (her) care, maintain materially, take care of his (her) welfare, provide dwelling place.

      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. Right of child to live with parents

      1. Child shall have the right to joint living with his (her) parents or other legal representatives.

      2. It is prohibited to separate a child from his (her) parents or other legal representatives against the will of the child, parents or legal representatives. Decision on separation shall be adopted only by court in exclusive cases and inasmuch as it is required for the purpose of protection of a child.

      3. Residence place of a child upon separate residence of parents shall be established by the agreement of parents, and in its absence, the dispute between parents shall be solved by court. By this, the court shall consider personal qualities and position of parents, as well as interests and opinion of a child.

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

      1. Child shall have the right to receive information on a parent living separately from him (her), to meetings and communication with him (her), with the exception of cases of existence of a threat for life and health of a child.

      2. Disputes arising due to restriction of rights of a child provided by the Article shall be solved in a judicial proceeding.

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

Article 27. Trusteeship, guardianship, patronage and foster family

      1. Trusteeship, guardianship or patronage shall be established over a child, left without parental care, and he/she may also be transferred to a foster family for the protection of his/her property and personal non-property rights in accordance with the legislation of the Republic of Kazakhstan.

      2. Trusteeship shall be established over the children who have not reached the age of fourteen years, and guardianship – over the minors aged from fourteen to eighteen years.

      3. Trusteeship and guardianship bodies shall be local executive bodies.

      4. Patronage may be established over a child, left without parental care, including those, being in an educational, medical or other institution, in accordance with the legislation of the Republic of Kazakhstan.

      5. Orphans, children, left without parental care, being in an educational institution, may be transferred to a foster family in accordance with the legislation of the Republic of Kazakhstan.

      6. In case of establishment of trusteeship or guardianship for a child with siblings, the conditions for their joint living shall be created.

      Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced from 01.01.2017).

Article 28. Adoption (adoption of a girl)

      In order to create conditions for the development and upbringing in the family, a child, left without parental care may be transferred for adoption in accordance with the procedure, established by the legislation of the Republic of Kazakhstan.

Article 28-1. Host family

      Orphans and children, left without parental care in organizations of all types (educational, medical and other) may be transferred to host families in periods not related to the educational process (vacations, weekends and holidays).

      Footnote. Chapter 5 is supplemented by Article 28-1 in accordance with the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. A child being left without custody of parents shall be subject to arrangement in educational, medical and other similar institution upon impossibility to transfer him (her) for nurturing in a family.

      2. Alimonies, benefits and other social payments owing to a child shall be transferred to his (her) banking account and shall be paid in the manner established by the legislation of the Republic of Kazakhstan.

      3. Conditions that are approximate to family conditions shall be created for a child staying in educational, medical and other similar institutions for children being left without custody of parents. Child shall have the right to maintenance, nurturing, education, all-round development, respect for his (her) honor and dignity, ensuring of own interests, conservation of native language, culture, national customs and traditions.

      4. Employees of educational, medical and other similar institutions for children being left without custody of parents that committed anti-pedagogic or unmoral actions in respect of a child staying in mentioned institutions shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.

      5. Protection of the rights and interests of a child staying in educational, medical and other institutions for children being left without custody of parents, assistance in employment shall be carried out by local executive bodies. Orphaned children that lost parents before majority age, and children being left without custody of parents shall be provided by dwelling places from the state housing fund for use in accordance with housing legislation of the Republic of Kazakhstan.

      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2009 No. 185-IV (shall be enforced from 30.08.2009); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Organizations of healthcare for orphans, children, left without parental care, from birth to three years, children with mental and physical development defects from birth to four years, carrying out psychological and pedagogical support of families with the risk of abandonment of a child shall accept orphans and children, left without parental care, from birth to three (four) years. For temporary maintenance of children in the organization of healthcare for orphans, children, left without parental care, from birth to three years, children with mental and physical development defects from birth to four years, carrying out psychological and pedagogical support of families with the risk of abandonment of a child, a special department shall be opened.

      Children with deviant behavior at the age from eleven to eighteen shall be placed in special educational organizations.

      Children at the age from eleven to eighteen, needing special conditions of upbringing, training and requiring special pedagogical approach shall be placed in the organization of education with a special regime of maintenance.

      Organization of education for orphans and children, left without parental care, with the exception of a family-type children's village, a youth home and a juvenile adaptation centre shall accept children, left without parental care at the age from three to eighteen.

      Educational boarding school of general type shall accept orphans, children, left without parental care and children from needy and large families at the age from six to eighteen, having no medical contraindications for the maintenance in organizations of this type.

      Medical and social institution (organization) shall accept the disabled children in need of care, medical, household services and social and labor adaptation, at the age from four to eighteen.

      The family-type children's village shall accept orphans and children, left without parental care up to the age of eighteen. The procedure for admission and conditions of detention of children in family-type children's villages shall be determined by the legislation of the Republic of Kazakhstan on family-type children's villages and youth homes.

      Pupils of children's villages and graduates of orphanages, boarding schools for orphans and children, left without parental care, aged from sixteen to twenty-three, with the exception of persons with neuropsychiatric diseases may undergo social adaptation in the Youth home on the basis of the decision of administration of the children's village, orphanage, boarding school for orphans and children, left without parents.

      Pupils of children's villages and graduates of orphanages, boarding schools for orphans and children, left without parental care, aged from sixteen to twenty-three, with the exception of persons with neuropsychiatric diseases may undergo social adaptation in the Youth home, functioning as an independent legal entity, on the basis of the decision of local executive bodies.

      Adaptation centers for minors shall accept uncared and street children at the age from three to eighteen for establishing parents or other legal representatives, children, left without parental care or persons, substituting them, in case of impossibility of their timely arrangement, children, taken in the immediate threat to their life or health by the guardianship authority from parents (one of them) or from other persons in whose care they are, children, sent to special educational organizations, as well as children, being in a difficult life situation due to abusive treatment, which led to social maladjustment and social deprivation.

      The support centers for children in difficult life situations shall accept children in difficult life situations, at the age from three to eighteen.

      Organizations on providing assistance, created in accordance with the Law of the Republic of Kazakhstan "On Prevention of Domestic Violence" shall accept children in difficult life situations as a result of abusive treatment, which led to social maladjustment and social deprivation.

      2. Conditions for acceptance and maintenance of children in organizations carrying out the functions on protection of the rights of child insofar as it is not established by the Law shall be determined by provision on these organizations approved by body authorized by the Government of the Republic of Kazakhstan.

      3. The legislation of the Republic of Kazakhstan on public procurement shall not apply to legal relations, related to the purchase of goods and services by organizations, carrying out functions on protection of rights of a child.

      Rules for the purchase of goods and services of organizations, carrying out functions on protection of rights of a child shall be determined by the authorized body in the field of protection of children’s rights of the Republic of Kazakhstan.

      Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2010 NO. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2011 No. 517-IV (shall be enforced from the date of its first official publication); dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 6. Rights of disabled child

Article 31. Rights of disabled child to full life

      1. Disabled child shall have equal rights with healthy children to full life in conditions ensuring his (her) dignity, promoting active inclusion to public life.

      2. Disabled child shall have the right to receive education being relevant to his (her) physical, mental abilities and wishes, to choice business occupation and profession, to participate in creative and public activity.

      3. Disabled children including children with shortage of mental or physical development shall have the right to receive medical and social assistance in specialized children’s organizations.

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

      1. State bodies and bodies of local self-government shall be obliged to create necessary conditions for study, professional training, selection of appropriate work and employment of disabled child in recognition of his (her) health condition, needs and facilities.

      2. The Laws of the Republic of Kazakhstan may establish benefits for individuals and legal entities carrying out the activity on ensuring of employment of disabled children, organization of their professional training and retraining.

Article 33. State assistance for disabled children

      1. State shall carry out complex of medical, legal, social and economic measures oriented to support of disabled children.

      2. State assistance rendered for disabled children shall be established by the Laws of the Republic of Kazakhstan.

      3. Parents and other legal representatives raising disabled child and carrying out his (her) care shall have the right to receive state assistance.

Chapter 7. Child and society

Article 34. Introduction to national and world culture

      1. State shall ensure possibility for children in introduction to history, traditions and spiritual values of people of Kazakhstan and achievements of world culture.

      2. State shall encourage creation of an organization for development of creative and scientific abilities of children, production of cine and video films, television and radio broadcastings, publication of children’s newspapers, magazines and books, ensure their availability in the manner established by the legislation of the Republic of Kazakhstan.

      3. Use of mass media, literature, entertainment and other events peddling pornography, cult of cruelty and violence, offending human dignity, having adverse effect to children and enabling commission of infractions shall be subject to legal prosecution.

Article 35. Child and religious

      1. State shall guarantee non-interference to nurturing of a child based on religious world-view of parents or persons substituting them, compliance with traditions and commission of religious customs with participation of a child beyond the educational, pedagogic, medical and other similar institutions, with the exception of cases when such actions constitute a threat to life and health of the child, violate his (her) rights and restrict the responsibility.

      2. In respect of children under majority age, the religious customs shall be committed with the agreement of parents or persons substituting them.

      Enforcement measures on engagement of children in religion shall not be allowed.

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

      1. State bodies, individuals and legal entities shall be obliged to protect a child from negative effect of social environment, information, propaganda and agitation inflicting harm to his (her) health, moral and spiritual development.

      2. Propaganda of healthy lifestyle and legal education of children is recognized by the state as one of the most priority direction of own policy.

      3. A child, who has suffered from physical or psychological trauma as a result of a criminal offence, violence or other illegal act must be provided with necessary assistance in restoring health and social adaptation.

      4. Stay of a child, as well as his (her) access to the entertainment places at night time (from 10 pm to 6 am) without accompanying of legal representatives shall be prohibited.

      5. Stay of a child without accompanying of legal representatives outside dwelling place from 11 pm to 6 am shall be prohibited.

      Footnote. Article 36 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 176-IV (the order of enforcement see Article 2); dated 29.12.2010 NO. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 № 227-V (shall be enforced from 01.01.2015).

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

      1. Parents, other legal representatives of a child, state bodies, as well as organizations carrying out the functions of nurturing and education of a child shall be obliged to propagate healthy lifestyle and harm of alcoholic and tobacco products.

      2. Sale of alcoholic products, tobacco and tobacco products to a child shall be prohibited.

      3. Employment of children in works or in selling alcoholic and tobacco products shall be prohibited.

      4. Smoking tobacco products, selling tobacco products in sales organization selling products for children and in cultural institutions, as well as during carrying out of measures for children shall be prohibited.

      5. Storage and sale of alcoholic products in buildings and in the territories of public health, educational organizations, health and fitness, sport and sporting technical structures, cultural and leisure organizations shall be prohibited.

      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 18.06.2014 No. 210-V (shall be enforced upon expiry of twenty one calendar days after the date of its first official publication).

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

      1. The child must be protected from the use of narcotic drugs, psychotropic substances, their analogues, potent or poisonous substances, from their manufacture, sale or other distribution.

      2. For inducing a child to use narcotic drugs, psychotropic substances and their analogues, the measures of responsibility established by the laws of the Republic of Kazakhstan shall be applied.

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

Article 39. Protection of children from information, inflicting harm to their health and development

      Footnote. The title of article 39 is in the wording of the Law of the Republic of Kazakhstan dated 02.07.2018 № 170-VІ (shall be enforced upon expiry of six months after the day its first official publication).

      1. It is prohibited to carry out for children display, sale, donation, reproduction, rental and distribution of toys and promotional products aimed at inciting racial, national, social and religious hatred, promoting class exclusivity, war, terrorism, containing calls to violent change of the constitutional system and violation of territorial integrity of the Republic of Kazakhstan, pornography, harmful to the health and development of children, as well as otherwise damaging the spiritual and moral development of a child.

      2. For commission of actions mentioned in paragraph 1 of this Article, the measures of responsibility established by the Laws of the Republic of Kazakhstan shall be applied.

      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended on 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication).

Article 40. Protection of a child from prostitution

      Involvement of a child in prostitution shall entail responsibility provided by the Laws of the republic of Kazakhstan.

      Footnote. Article 40 is in the wording of the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      Footnote. The title of article 40-1 is in the wording of the Law of the Republic of Kazakhstan dated 02.07.2018 № 170-VІ (shall be enforced upon expiry of six months after the day its first official publication).

      Involvement of a child in the production, advertising, public demonstration or distribution, as well as the sale to a child of printed publications, film or video materials, images, other objects or materials of a pornographic nature, and (or) erotic content, inflicting harm to the health and development of a child, shall entail liability under the laws of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 40-1 in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended on 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication).

Article 41. Prohibition of participation of children in military actions

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

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

      The Republic of Kazakhstan shall take measures on prevention and suppression of illegal movement, kidnapping of children, their traffic independently from the purposes, forms and methods of fulfillment, as well as their return to the country of permanent residence.

      Footnote. The Law is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

Article 42. Protection of child from illegal movement

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

Article 43. Legal representatives of child

      1. Legal representatives of a child shall carry out a representation of children and protection of their rights and interests protected by the Law in respect of any persons in all the state bodies and organizations, as well as in courts without special powers on the basis of certificate of birth (or adoption) of a child, passport of parents, identity certificate of a trustee.

      2. Rights and interests of minor children protected by the Law at the age from fourteen to eighteen years shall be protected by their legal representatives with the exception of cases when the legislation of the Republic of Kazakhstan provide the right of a minor child to enter into civil, family, labour and other legal relations and protect own rights and interests on an independent basis.

      3. Representation and protection of interests of children staying in pedagogic, medical organizations, organizations of social protection of population or other organizations shall be carried out by these organizations in accordance with the legislation of the Republic of Kazakhstan.

      4. Representation and protection of rights and interests of a child protected by the Law being left without custody of parents shall be assigned on a temporary basis on body of trusteeship and guardianship until arrangement of a child in family or organization carrying out the functions on protection of the rights of children.

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

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

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

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

      Parents (persons substituting them) as well as persons carrying out the activity on education, nurturing, protection of health, social protection and social service of a child, assistance of his (her) social adaptation, social rehabilitation and (or) other activity with his (her) participation shall have the right to go to the court in the manner established by the Law of the Republic of Kazakhstan with a suit on compensation for harm to a child inflicted to his (her) health, property, as well as moral damage.

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

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

      Annual state report on position of children in the Republic of Kazakhstan shall be represented by authorized body in the field of protection of the rights of children to the President of the Republic of Kazakhstan and shall be published in official printed publications.

      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Refugee children and internally displaced persons shall have the right to protection of own interests.

      2. Bodies of trusteeship and guardianship at the place of stay of a child, territorial subdivisions of authorized body carrying out the management in the scope of regulating relations on the issues of refugees, shall assist in receiving details on existence and place of residence of parents or other legal representatives, shall place a child in medical and preventive or other organizations carrying out the functions on protection of the rights of a child if necessary.

      Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-1. National preventive mechanism

      1. National preventive mechanism shall act in the form of system of prevention of tortures and other cruel, inhuman types of treatment and punishment or those degrading the honor, functioning in virtue of the activity of participants of the national preventive mechanism.

      2. Within the framework of their activities, the participants of the national preventive mechanism shall visit organizations, carrying out functions for protection of the rights of a child and other organizations, determined by the laws of the Republic of Kazakhstan for visits by these participants (hereinafter – preventive visits).

      3. Participants of the national preventive mechanism is a Commissioner for human rights, as well as members of public supervisory committees and public associations carrying out the activity on protection of rights, legal interests of citizens, lawyers, social employees, doctors selected by the Coordination council.

      4. Commissioner for human rights shall coordinate the activity of participants of the national preventive mechanism, shall take measures for ensuring of necessary potential and professional knowledge of participants of the national preventive mechanism in accordance with the legislation of the Republic of Kazakhstan.

      5. Compensation of expenses of participants of the national preventive mechanism on preventative visits shall be carried out from budget funds in the manner determined by the Government of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 47-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-2. Coordination council

      1. For the purpose of ensuring of effective coordination of the activity of national preventive mechanism under Commissioner for human rights, the Coordination council shall be created.

      Members of Coordination council with the exception of Commissioner for human rights shall be elected by committee created by the Commissioner for human rights from among the citizens of the Republic of Kazakhstan.

      2. Commissioner for human rights shall approve:

      provision on Coordination council under the Commissioner for human rights;

      procedure for selecting participants of the national preventive mechanism;

      procedure for formation of groups from among participants of the national preventive mechanism for preventive visits;

      methodological recommendations on preventive visits;

      procedure for drafting annual consolidated report on the results of preventive visits.

      3. Coordination council shall interact with Subcommittee on prevention of tortures and other cruel, inhuman or cruel, inhuman types of treatment and punishment or those degrading the honor of the Committee Against Torture of the United Nations Organization.

      Footnote. The Law is supplemented by Article 47-2 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Participants of the national preventive mechanism may not be the persons:

      1) having outstanding or unexpunged conviction in the manner established by the Law;

      2) suspected or accused of committing criminal offences;

      3) recognized incapable or partially capable by a court;

      4) judges, lawyers, state employees and military servants, as well as employees of law enforcement and special state bodies;

      5) having a registration in a psychiatrist and (or) narcologist.

      2. Persons released from criminal responsibility on non-rehabilitating grounds for commission of intentional crime; dismissed from state or military service from law enforcement and special state bodies, courts or excluded from the bar association on negative motives; revoked of a license for practice law may not be participants of the national preventive mechanism.

      Footnote. The Law is supplemented by Article 47-3 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Participant of the national preventive mechanism shall have the right to:

      1) receive information on quantity of persons maintained in organizations, being subject to preventive visit, quantity of such organizations and their location;

      2) have an access to information, concerning treatment with persons maintained in organizations being subject to preventive visit, as well as conditions of their maintenance;

      3) carry out preventive visits in established manner in a composition of formed groups;

      4) hold conversations with persons maintained in organizations being subject to preventive visits and (or) with their legal representatives without witnesses, in person or through an interpreter if necessary, as well as with any other person that may provide the relevant information in opinion of a participant of the national preventive mechanism;

      5) choose and visit organizations being subject to preventive visit;

      6) receive reports and complaints on applying the tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity.

      2. Participant of the national preventive mechanism shall be independent upon carrying out of legal activity.

      Footnote. The Law is supplemented by Article 47-4 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Upon fulfillment of own powers, participants of the national preventive mechanism shall be obliged to comply with the legislation of the Republic of Kazakhstan.

      2. Interference of participants of the national preventive mechanism in activity of organizations being subject to preventive visit shall not be allowed.

      3. In existence of circumstances arising doubt in impartiality of a participant of the national preventive mechanism included to the group on preventive visit, he (she) shall be obliged to refuse from participation in preventive visit.

      4. Participants of the national preventive mechanism shall be obliged to register accepted communications and complaints on applying tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity in the manner determined by the Commissioner for the human rights.

      Accepted communications and complaints shall be transferred to consideration of the Commissioner for human rights in the manner provided by the legislation of the Republic of Kazakhstan.

      Information on accepted and transferred communications and complaints shall be included to the report on results of preventive visits.

      5. Participants of the national preventive mechanism that violated provisions of the Law shall bear responsibility established by the Laws of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 47-5 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      Powers of participant of the national preventive mechanism shall be terminated upon:

      1) violation of provisions of the Law;

      2) written application on resignation;

      3) his (her) death or enforcement of the court decision on declaring him (her) deceased;

      4) departure beyond the boundaries of the Republic of Kazakhstan for permanent residence;

      5) loss of nationality of the Republic of Kazakhstan;

      6) enforcement of condemnatory judgement;

      7) occurrence of other cases provided by the Laws of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 47-6 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-7. Types and periodicity of preventive visits

      1. Preventive visits of participants of the national preventive mechanism shall be divided into:

      1) periodic preventive visits conducted on regular basis not less than once every four years;

      2) interim preventive visits conducted during the period between periodical preventive visits for the purpose of monitoring of implementing recommendations on the results of previous periodical preventive visit, as well as prevention of pursuing the persons with whom the participants of the national preventive mechanism held conversations, from the side of administration of organizations being subject to preventive visit;

      3) special preventive visits conducted on the basis of received communications on prevention of tortures and other cruel, inhuman types of treatment and punishment degrading dignity.

      2. Coordination council shall determine the terms and list of organizations being subject to preventive visits within the appropriated budget means.

      Footnote. The Law is supplemented by Article 47-4 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-8. Procedure for preventive visits

      1. Preventive visits shall be conducted by groups formed by the Coordination council from among the participants of the national preventive mechanism in accordance with the rules approved by the Government of the Republic of Kazakhstan in coordination with the Commissioner for human rights.

      2. Upon formation of groups for preventive visits, no one from among the participants of the national preventive mechanism may not be subject to any discrimination on the grounds of origin, social, official and property position, gender, race, nationality, language, confession, convictions, place of residence or on any other circumstances.

      3. Safety ensuring of participants of the national preventive mechanism shall be assigned on administration of organizations being subject to preventive visit. In case of illegal actions of participants of the national preventive mechanism, a head of administration of organizations being subject to preventive visit shall inform the Commissioner for human rights in written.

      4. Following the results of every preventive visit in the name of a group, the written report in the form approved by the Coordination council shall be drawn up that shall be signed by all the members of group carried out preventive visit. Member of a group having special opinion shall draw it up in written and enclose to report.

      Footnote. The Law is supplemented by Article 47-8 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Consolidated council shall prepare annual consolidated report of participants of the national preventive mechanism in recognition of their reports following the results of preventive visits.

      2. Annual consolidated report of participants of the national preventive mechanism shall also include:

      recommendations to authorized state bodies on improvement of conditions of treating with persons maintained in organizations being subject to preventive visit and prevention of tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity;

      suggestions on improvement of the legislation of the Republic of Kazakhstan.

      Annual consolidated report of participants of the national preventive mechanism shall be enclosed by financial report on preventive visits for a previous year.

      3. Annual consolidated report of participants of the national preventive mechanism shall be sent for considering of authorized state bodies and shall be published in the web-site of the Commissioner for human rights for the term no later than one month from the date of his (her) approval by the Coordination council.

      Footnote. The Law is supplemented by Article 47-9 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-10. Confidentiality

      1. Participants of the national preventive mechanism shall not have the right to disclose details on private life of a person became known to them in the course of preventive visits without the agreement of this person.

      2. Disclosure of details on private life of a person by participants of the national preventive mechanism became known to them in the course of preventive visits without the agreement of this person shall entail responsibility established by the Laws of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 47-10 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. State bodies and their civil servants shall provide assistance to participants of the national preventive mechanism in carrying out of legal activity by them.

      None of state body or civil servant shall not have the right to restrict the rights and freedoms of citizens for informing participants of the national preventive mechanism on the facts of applying tortures and other cruel, inhuman types of treatment and punishment or those degrading dignity.

      Civil servants impeding legal activity of participants of the national preventive mechanism shall bear responsibility established by the Laws of the Republic of Kazakhstan.

      2. Authorized state bodies shall inform the Commissioner for human rights within three months from the date of receiving annual consolidated report of participants of the national preventive mechanism in written on the measures taken following the results of considering the received reports.

      3. On the basis of reports of participants of the national preventive mechanism following the results of preventive visits, the Commissioner for human rights shall have the right to apply to authorized state bodies or civil servants in the manner established by the legislation of the Republic of Kazakhstan with an application on initiation of disciplinary or criminal case in relation to a civil servant that violated the rights and freedoms of human and citizen.

      Footnote. The Law is supplemented by Article 47-11 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 111-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

Article 48. Special aspects of responsibility of child

      1. Child committed unlawful action shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.

      2. Upon assignment of a type of punishment, state bodies and civil servants shall consider conditions of life and nurturing of a child, level of mental development, other personality factors, as well as effect of elder persons according to age on him (her).

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

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

Chapter 10. Final provisions

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

      1. Persons being guilty in violation of the legislation of the Republic of Kazakhstan on child’s rights shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.

      2. Avoidance of performance, as well as improper fulfillment of obligations by parents (persons substituting them) on nurturing and maintenance of children, abandonment of parents from a child in maternity clinic (department) or children’s medical institution, leaving children without supervision, cruel treatment with children, their exploitation shall entail deprivation of parental rights or their restriction of persons substituting them.

      From the moment of removal of a child from custody, paying benefit as well as other payments for a child shall be terminated under the court decision.

      3. In case of using benefits and other payments for children by parents (persons substituting them) for the purposes other than intended, if this essentiallyinfringes the interests of a child, bodies of social protection, bodies of trusteeship and guardianship, commissions for protection of the rights of minor children or a prosecutor shall bring a suit in favor of a child on compensation of unreasonably disbursed funds to him (her). Funds recovered by court shall be transferred to the banking account of a child.

      4. Parents deprived of parental rights shall not be released from the obligation on paying alimonies for children in respect of whom they are deprived of parental rights.

      Footnote. Article 50 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2009 No. 185-IV (shall be enforced from 30.08.2009); dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      Authorized body in the field of child’s rights shall be determined by the Government of the Republic of Kazakhstan.

      Authorized body in the field of protection of children’s rights shall:

      1) coordinate and direct the activity of other interested authorized bodies in the field of protection of child’s right;

      1-1) implement state policy in the field of protection of child’s rights;

      1-2) carry out coordination and organizational supervision of local executive bodies in the field of protection of children’s rights;

      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      3) ensure annual review of regulations and normative standards of children’s life indicators to improvement of minimal social standards;

      4) coordinate activity of authorized bodies in the field of protection of children’s rights in a case of international cooperation.

      Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. State control in the field of protection of a child’s rights shall be aimed at ensuring the rights and legitimate interests of a child and shall be carried out by the authorized state bodies and local executive bodies within the competence, determined by the legislation of the Republic of Kazakhstan.

      2. The object of state control in the field of protection of a child’s rights shall be the activities of individuals and legal entities aimed at realization of the rights of a child.

      3. State control in the field of protection of a child’s rights shall be carried out in the form of inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial code of the Republic of Kazakhstan.

      4. Preventive control without visiting the subject (object) of control shall be carried out in accordance with the Entrepreneurial code of the Republic of Kazakhstan and this Law.

      5. The subjects of control shall be the bodies of education of local executive bodies, organizations of education, healthcare and social protection of the population for orphans and children, left without parental care, special educational organizations and organizations of education with a special regime of maintenance, the organization of education on ensuring the rights of children to education, catering, transportation, recreation, recovery and leisure.

      6. The objectives of preventive control without visiting the subject (object) of control shall be timely suppression and prevention of violations, providing the subjects of control with the right of independent elimination of violations, revealed by the authorized state bodies based on the results of preventive control without visiting the subject (object) of control, and reducing administrative burden on them.

      7. Preventive control without visiting the subject (object) of control shall be conducted by means of mutual comparison of data in the republican data bank of orphans and children, left without parental care, and the persons, wishing to accept in a family, in the unified information system of education, data from the authorized organizations and state bodies by means of request and the data, received from

      8. In case of detection of violations by the results of preventive control without visiting the subject (object) of control in actions (inaction) of the subject of control, the authorized body shall send the recommendation to the subject of control no later than five working days from the date of detection of violations.

      9. The recommendation shall be handed over to the subject of control personally under the signature or in any other way confirming the facts of sending and receiving.

      The recommendation sent by one of the following methods is considered to be delivered in the following cases:

      1) on purpose – from the date of marking in the recommendation on receipt;

      2) by mail - by registered letter;

      3) electronically – from the date of sending by the authorized state bodies to the e-mail address of the subject of control, specified in the letter upon request.

      10. The recommendation on elimination of the violations, revealed by the results of preventive control without visiting the subject (object) of control shall be executed within ten working days from the day following the day of its delivery.

      11. In case of disagreement with the violations, specified in the recommendation, the subject of control shall have the right to send an objection to the authorized state body that sent the recommendation within five working days from the day following the day of its delivery.

      12. Non-execution in the established term of recommendation on elimination of violations, revealed by the results of preventive control without visiting the subject (object) of control, shall entail imposition of a preventive control with a visit to the subject (object) of control by inclusion in the semiannual list of preventive control with a visit to the subject (object) of control.

      13. Preventive control without visiting the subject (object) of control shall be conducted no more than once a year.

      Footnote. Article 52 is in the wording of the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (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 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

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

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

The President

of the Republic of Kazakhstan



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