On approval of the Rules and terms of social rehabilitation of children affected by terrorist activities

New Unofficial translation

Order of the Minister of Education and Science of the Republic of Kazakhstan dated September 4, 2020, No. 382. Registered with the Ministry of Justice of the Republic of Kazakhstan on September 4, 2020, No. 21172

      Unofficial translation

      In accordance with Article 17-1 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism" I HEREBY ORDER:

      1. To approve the attached Rules and terms of social rehabilitation of children affected by terrorist activities.

      2. Committee for children rights protection of the Ministry of Education and Science Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

      1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;

      2) posting this Order on the Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;

      3) within ten working days after the state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan the information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph of the Order.

      3. Control over the execution of this Order shall be entrusted to the supervising Vice-Minister of Education and Science of the Republic of Kazakhstan.

      4. This Order shall come into effect upon the expiration of ten calendar days after the day of its first official publication.

      Minister of Education and Science of the
Republic of Kazakhstan
A. Aimagambetov

      "AGREED"
Ministry of Information
and Social Development of the
Republic of Kazakhstan

      "AGREED"
Ministry of Healthcare of the
Republic of Kazakhstan

      "AGREED"
National Security Committee of the
Republic of Kazakhstan

  Approved
by Order of the
Minister of Education and Science
of the Republic of Kazakhstan
dated September 4, 2020, No. 382

The Rules and terms of social rehabilitation of children affected by terrorist activities

Chapter 1. General Provisions

      1. These Rules and terms of social rehabilitation of children affected by terrorist activities (hereinafter referred to as the Rules) have been developed in accordance with Article 17-1 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On Countering Terrorism" and shall determine the procedure and terms for the implementation of social rehabilitation of children affected by terrorist activities.

      2. Social rehabilitation shall be carried out by local executive bodies from the moment of arrival of children affected by terrorist activities at the place of the last residence of one of the child's legal representatives.

Chapter 2. Procedure and terms of social rehabilitation of children affected by terrorist activities

      3. Social rehabilitation of children affected by terrorist activities shall be provided in the following cases:

      1) return to the Republic of Kazakhstan of a child, one of whose legal representatives is a citizen of the Republic of Kazakhstan, from combat zones with the participation of a terrorist or extremist organization, and (or) from territories controlled by a terrorist or extremist organization in foreign countries;

      2) detention (arrest) of one of the legal representatives on suspicion or accusation of committing crimes related to extremism or terrorism, or serving a sentence for committing such crimes;

      3) death of one of the legal representatives associated with the preparation or implementation of terrorist or extremist activities.

      4. The basis for the implementation of social rehabilitation shall be the receipt of the information specified in paragraph 3 of the Rules to the authorized body of the Republic of Kazakhstan in the field of children rights protection (hereinafter - the Body in the field of children rights protection) from the national security bodies of the Republic of Kazakhstan concerning children and legal representatives with indicating their data (last name, first name, patronymic (if any)), date and place of birth if any.

      5. The term for the provision of social rehabilitation to children affected by terrorist activities shall be set for a calendar year, with a possible annual extension if there is a reasoned justification on the part of the body in the field of children's rights protection.

      6. The body in the field of children rights protection, based on the information received, shall form a database on children affected by terrorist activities in accordance with the Rules for classifying information as official information of limited distribution and working with it, approved by the Government of the Republic of Kazakhstan dated December 31, 2015, No. 1196.

      7. The body in the field of children rights protection, within 5 working days from the date of receipt of information from the national security bodies of the Republic of Kazakhstan, shall send this information to the local executive bodies at the place of the last residence of one of the legal representatives of the child.

      8. Local executive bodies, from the moment they receive information on the children affected by terrorist activities, shall provide legal, educational, psychological, medical, cultural, and social services.

      9. Education authorities of a region, a city of republican significance, the capital, a district (a city of regional significance) (hereinafter referred to as the Education authorities) shall ensure the storage and systematization of information received from the body in the field of children rights protection.

      10. From the moment of receiving information on the children, the educational authorities shall conduct psychological, medical, and pedagogical consultation of the child (hereinafter referred to as the PMPC).

      11. Local executive bodies, within 20 working days after receiving the opinion of the PMPC, shall develop an individual plan for the social rehabilitation of a child affected by terrorist activities, in agreement with the body in the field of children's rights protection.

      12. Legal services to children affected by terrorist activities shall be provided in terms of legal advice and assistance in obtaining documents necessary for personal identification.

      13. Educational services for children affected by terrorist activities shall be provided by educational organizations, and shall include:

      1) social and educational counseling;

      2) pedagogical diagnostics and examination of the child's developmental level;

      3) organization of the process of upbringing and education of the child;

      4) receiving secondary education and with the consent of additional education.

      14. Psychological services for children affected by terrorist activities shall be provided by psychologists of educational organizations, healthcare (when seeking medical help), and shall include:

      1) psychological diagnostics and personality examination;

      2) social and psychological patronage (systematic observation);

      3) psychological support of the child (children);

      4) psychological counseling;

      5) emergency psychological assistance;

      6) conducting classes in mutual support groups and communication clubs.

      15. Medical services to children affected by terrorist activities shall be provided by healthcare organizations within the framework of the list of guaranteed volume of free medical care approved by the Government of the Republic of Kazakhstan in accordance with paragraph 1 of Article 196 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On the public health and healthcare system" and the list of medical care in the system of compulsory social health insurance, approved by the Government of the Republic of Kazakhstan dated June 20, 2019, No. 421.

      16. Cultural services for children affected by terrorist activities shall be provided by educational organizations and shall include:

      1) organization and conduct of club and circle work;

      2) involving the child in leisure activities;

      3) organization of meetings of the child's legal representatives with specialists in the field of religious activity (theologians and religious scholars) with the direct assistance of the local executive body.

      17. Social welfare services for children affected by terrorist activities shall be provided by educational authorities and shall include:

      1) placement in orphanages and family-type orphanages;

      2) placement in shelters, adaptation centers for minors, and support centers for children in difficult life situations.

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