Unofficial translation
In accordance with subparagraph 20) of article 44 of the Constitution of the Republic of Kazakhstan, paragraph 1 of article 33 of the Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 "On the President of the Republic of Kazakhstan", I HEREBY RESOLVE:
1. To approve the attached:
1) Regulation on the Commission on Human Rights under the President of the Republic of Kazakhstan;
2) composition of the Commission on Human Rights under the President of the Republic of Kazakhstan.
2. To recognize as invalid the Decree of the President of the Republic of Kazakhstan dated April 22, 1997 № 3470 "On the Commission on Human Rights under the President of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1997, № 16, Article 128; 1998, № 17, Article 147; 2000, № 17, Article 167; 2001, № 36-37, Article 463).
3. This Decree shall enter into force on the day of signing.
President of the Republic of Kazakhstan |
Approved | |
by the Decree of the | |
President of the | |
Republic of Kazakhstan March 19, 2003 № 1042 |
Regulation on
the Commission on Human Rights
under the President of the Republic of Kazakhstan
1. The Commission on Human Rights under the President of the Republic of Kazakhstan (hereinafter referred to as the Commission) shall be an advisory body that promotes the implementation by the Head of State of his constitutional powers as a guarantor of human and civil rights and freedoms, recognized and guaranteed in accordance with the Constitution of the Republic of Kazakhstan.
The Commission shall be coordinated by the Secretary of State of the Republic of Kazakhstan.
Footnote. Paragraph 1 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 №1325.
2. The Commission in its activities shall be guided by the Constitution and laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, orders of the Secretary of State of the Republic of Kazakhstan, as well as this Regulation.
Footnote. Paragraph 2 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 № 1325.3. The main tasks of the Commission shall be:
1) creation of conditions for implementation by the President of the Republic of Kazakhstan of his constitutional status as a guarantor of human and civil rights and freedoms in the Republic of Kazakhstan;
2) assistance in improving the mechanism for ensuring and protecting the rights and freedoms of man and citizen;
3) assistance in the activities of central and local state bodies in the implementation of state policy in the field of ensuring and protecting the rights and freedoms of man and citizen;
4) participation in development of concepts and programs of state policy in the field of ensuring and protecting human rights and freedoms;
5) assistance in strengthening international cooperation in the field of ensuring and protecting human rights and freedoms.
4. Competence of the Commission shall:
1) consider the appeals of citizens of the Republic of Kazakhstan, foreign citizens, stateless persons, as well as organizations, addressed to the Head of State and directly to the Commission, containing information on facts of violations of human and civil rights and freedoms;
2) prepare reports on the situation with human and civil rights in the Republic of Kazakhstan addressed to the Head of State. These reports may be published in media;
3) consider proposals of state bodies, public associations, other organizations and citizens on the issues falling within the competence of the Commission;
4) develop proposals for improving the mechanism for ensuring and protecting the rights and freedoms of man and citizen and submit them to the President of the Republic of Kazakhstan for consideration;
5) analyze the legislation of the Republic of Kazakhstan, affecting the issues of ensuring and protecting the rights and freedoms of man and citizen, participate in preparation of draft laws regulating these issues;
6) prepare analytical materials, expert advisory opinions and proposals on international human rights treaties;
7) take part in the work of international human rights organizations, other non-governmental human rights organizations.
Footnote. Paragraph 4 as amended by the Decree of the President of the Republic of Kazakhstan dated 13.11.2012 № 427.5. In exercising its powers, under prescribed procedures, the Commission shall co-operate with public authorities, non-governmental human rights organisations, and the media.
With the aim of protecting human and civil rights and freedoms, the Commission shall liaise with law-enforcement authorities.
Footnote. Paragraph 5 as amended by Decree of the President of the Republic of Kazakhstan № 662 of 18.09.2021.6. The Commission, in order to implement the tasks assigned to it, shall have the right:
1) to request and receive the necessary information, documents and materials from government bodies, as well as organizations and officials;
2) to hear at their meetings the information of relevant officials of state bodies on the issues related to the provision and protection of human and civil rights and freedoms;
3) initiate verification by authorized state bodies of information about violations of human and civil rights;
4) to attract, in the established manner, scientists and specialists for performance of certain works;
5) to cooperate with human rights commissions and other similar structures of the member states of the Commonwealth of Independent States, as well as other states to discuss issues related to the observance of fundamental human and civil rights and freedoms.
7. On the issues, within the competence of the Commission, its members in the manner prescribed by law shall have the right to visit government bodies, as well as state organizations.
8. The decisions of the Commission shall be the recommendations and conclusions adopted at its meetings and brought to the attention of the President of the Republic of Kazakhstan.
The recommendations and conclusions of the Commission shall be adopted by a simple majority of votes of the members present at the meeting. In case of equality of votes, a decision shall be considered adopted for which the chairman of the meeting voted.
9. The recommendations and conclusions of the Commission, adopted within its powers, shall be submitted to the relevant state body whose competence includes the solution of the issue.
The state body and its officials, who received recommendations and conclusions of the Commission, shall be obliged to consider them within the prescribed period and notify of the decision made.
10. The composition of the Commission shall be approved by the President of the Republic of Kazakhstan as advised by the Assistant to the President for Internal Policy and Communications and shall consist of a Chairperson, two Deputy Chairmen, a Secretary and members of the Commission.
The Chairperson, Deputy Chairmen and members of the Commission shall participate in its work on a voluntary basis.
Footnote. Paragraph 10 as amended by the Decree of the President of the Republic of Kazakhstan dated 22.04.2024 № 525.11. The Chairperson of the Commission carries out general management of the Commission's activities, gives instructions to deputies, secretary and members of the Commission, determines the agenda of its meetings, signs official documents, recommendations and conclusions of the Commission, participates in meetings related to human rights and freedoms, in coordination with the Assistant to the President of the Republic of Kazakhstan for Internal Policy and Communications makes proposals to the President of the Republic of Kazakhstan to improve the activities of the Commission.
In the absence of the Chairperson of the Commission, official documents, recommendations and conclusions shall be signed by one of the Deputy Chairmen of the Commission.
In the absence of the Chairperson of the Commission and his deputies, the secretary of the Commission shall sign official documents, recommendations and conclusions of the Commission.
Footnote. Paragraph 11 as amended by the Decree of the President of the Republic of Kazakhstan dated 22.04.2024 № 525.12. Meetings of the Commission shall be convened by its Chairperson as necessary, but at least once a quarter. Meetings of the Commission shall be deemed competent if more than half of its members are present.
In the absence of the Chairperson of the Commission, one of the Deputy Chairmen of the Commission shall preside at its meetings.
Footnote. Paragraph 11 as amended by the Decree of the President of the Republic of Kazakhstn dated 22.04.2024 № 525.13. The Internal Policy Department of the Executive Office of the President of the Republic of Kazakhstan shall provide information and analytical and organisational support for the activities of the Commission.
The Internal Policy Department of the Executive Office of the President shall also offer organisational, methodological, informational and other assistance to the officials of the akims' offices in the regions, cities of national importance and the capital, who are responsible for human rights issues and the consideration of applications from private persons and legal entities.
Footnote. Paragraph 13 - as reworded by Decree of the President of the Republic of Kazakhstan № 662 of 18.09.2021.14. In order to conduct expert analytical studies, an expert council shall be established under the Commission, consisting of representatives of scientific institutions, educational organizations and non-governmental organizations, working on a voluntary basis. The composition of the expert council shall be approved at a meeting of the Commission.
Approved by the Decree of the |
|
President of the Republic of Kazakhstan March 19, 2003 № 1042 |
COMPOSITION
of the Commission on Human Rights under the President of the Republic of Kazakhstan
Footnote. The composition as amended by the Decree of the President of the Republic of Kazakhstn dated 22.04.2024 № 525.
Rogov Igor Ivanovich | - | Deputy Executive Director of the Foundation of the First President of the Republic of Kazakhstan (as agreed), the Chairperson |
Abishev Tastemir Dautovich | - | National expert on human rights (as agreed), Deputy Chairperson |
Sabitova Ainur Alimkhanovna | - | Director of the Sorbonne-Kazakhstan Institute of the Kazakh National Pedagogical University named after Abay (as agreed), Deputy Chairperson |
Head of Sector of the Internal Policy Division of the Administration of the President of the Republic of Kazakhstan, Secretary
Prosecutor General of the Republic of Kazakhstan
Deputy Prime Minister of the Republic of Kazakhstan - Minister of Foreign Affairs of the Republic of Kazakhstan
Deputy Prime Minister of the Republic of Kazakhstan in charge of social issues
Chairperson of the Supreme Judicial Council of the Republic of Kazakhstan
Minister of Internal Affairs of the Republic of Kazakhstan
Chairperson of the Agency of the Republic of Kazakhstan for Civil Service
Chairperson of the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service)
Minister of Science and Higher Education of the Republic of Kazakhstan
Minister of Justice of the Republic of Kazakhstan
Minister of Culture and Information of the Republic of Kazakhstan
Minister of Labor and Social Protection of Population of the Republic of Kazakhstan
Minister of Healthcare of the Republic of Kazakhstan
Commissioner for Human Rights in the Republic of Kazakhstan (as agreed)
Commissioner on the Rights of the Child in the Republic of Kazakhstan (as agreed)
Commissioner on the Rights of Socially Vulnerable Categories of Population under the President of the Republic of Kazakhstan (as agreed)
Commissioner for the Protection of Entrepreneurs' Rights of Kazakhstan (as agreed)
Alexandr (Mogilev Alexandr Gennadyevich) | — | Metropolitan of Astana and Kazakhstan, Head of the Metropolitan District of the Russian Orthodox Church in the Republic of Kazakhstan (as agreed) | |
Burasheva Gulmira Maiorona | — | Chairperson of the Public Association "Commission on the Rights of People with Disabilities named after Kairat Imanaliev" (as agreed) | |
Baissakova Zulfiya Mukh | — | Chairperson of the Board of the Association of Legal Entities "Union of Crisis Centers" (as agreed) | |
Bikebayev Aidyn Zholshiyevich | — | Chairperson of the National Bar Association (as agreed) | |
Volkova Olga Alexandrovna | — | Public figure (as agreed) | |
Voronov Vitaliy Ivanovich | — | Lawyer, President of Almaty Legal Corporation Institution (as agreed) | |
Dauletalin Satybaldy Telagyssovich | — | Chairperson of the Federation of Trade Unions of the Republic of Kazakhstan (as agreed) | |
Zharkenova Svetlana Bakhytovna | — | Professor of the Department of Constitutional and Civil Law of L. N. Gumilev Eurasian National University (as agreed) | |
Zhassymbekova Svetlana Salavatovna | — | Senior National Coordinator of Migration Programs of the International Organization for Migration in Kazakhstan - UN Migration Agency (as agreed) | |
Imasheva Snezhanna Valeryevna | — | Chairperson of the Committee on Legislation and Judicial and Legal Reform of the Mäjilis of the Parliament of the Republic of Kazakhstan (as agreed) | |
Kazkenov Ruslan Kazbekovich | — | Chairperson of the Public Association "Civic peace" (as agreed) | |
Lukin Andrey Ivanovich | — | Chairperson of the Committee on International Relations, Defense and Security of the Senate of the Parliament of the Republic of Kazakhstan (as agreed) | |
Nurgaziyeva Banu Ganiyevna | — | President of the Association of Legal Entities "Civil Alliance of Kazakhstan" (as agreed) | |
Ossokina Irina Yuryevna | — | Lawyer of the Astana Bar Association (as agreed) | |
Pen Sergey Gennadyevich | — | Provost (rector) of Maqsut Narikbayev University (KAZGUU) (as agreed) | |
Solovyeva Aigul Sagadibekovna | — | Chairperson of the Board of Association of Legal Entities “Association of Environmental Organizations of Kazakhstan” (as agreed) | |
Sman Aissana Smanovna | — | Human rights expert (as agreed) | |
Tireuov Kanat Maratovich | — | Chairperson of the Board - Rector of the Kazakh Agrotechnical Research University named after S. Seifullin (as agreed) | |
Turmagambetova Zhemis Utegenovna | — | Director of the Public Foundation "Charter for Human Rights" (as agreed) | |
Udartsev Sergey Fedorovich | — | Judge of the Constitutional Court of the Republic of Kazakhstan (as agreed) | |
Utpinov Nauryzbay Taganovich | — | Supreme Mufti, Chairperson of the Spiritual Administration of Muslims of Kazakhstan (as agreed) | |
Khassanova Shakhnoza Kulabdullayevna | — | Director of the Public Association "Legal Center for Women's Initiatives "Sana Sezim" (as agreed) | |