Unofficial translation
This Law determines legal, economic, social, and organizational bases for the activities of state bodies, the bodies of local self-government, organizations, and citizens of the Republic of Kazakhstan in Prevention of infractions.
SECTION 1. SYSTEM FOR PREVENTION OF INFRACTIONS Chapter 1. GENERAL PROVISIONS
Article 1. Basic definitions
The following basic definitions are used in this Law:
1) social adaptation – a set of measures, carried out by subjects of prevention of infractions, directed to formation of personality, able to accept and observe regulations and rules of conduct in the public;
2) social rehabilitation – a set of measures, carried out by subjects of prevention of infractions, directed to rendering of legal, social, psychological, pedagogic assistance to the person with illegal behavior, as well as process of negotiation of psychological and (or) moral injury;
3) pedagogical support for minors requiring increased attention – a set of individual social and psychological-pedagogical measures aimed at the early identification of students requiring heightened pedagogical attention and providing them with timely support;
4) law-abiding behavior – the conscious behavior of a person that complies with the norms of conduct established by the laws of the Republic of Kazakhstan;
5) assistance centers for child victims of violence – offices intended for providing comprehensive assistance to child victims of violence;
6) upbringing of a minor – a continuous process of exerting influence on a child by parents or other legal representatives, as well as by officials of state bodies, aimed at inculcating in the child the rules and norms of conduct accepted in society and directed towards his/her spiritual, physical, moral, mental, cultural, and intellectual development, and protection from the negative influence of the social environment;
7) prevention of infractions among minors – a set of legal, pedagogical, and other measures aimed at preventing infractions, neglect, homelessness, and antisocial behavior among minors, identifying and eliminating the causes and conditions contributing to them, implemented in conjunction with measures for individual prevention with minors, parents or other legal representatives of minors who fail to fulfill their duties in upbringing, education, or maintenance or who negatively influence their behavior, as well as other persons involving minors in the commission of infractions or the manifestation of antisocial behavior;
8) assistance organizations – legal entities that provide special social services and (or) assistance in accordance with this Law;
9) physical violence – intentional harm to health through the use of physical force and infliction of physical pain;
10) neglected – a minor for whom control over behavior is absent due to the failure or improper fulfillment of duties for his/her upbringing, education, and (or) maintenance by parents or their legal representatives, or due to his/her unauthorized departure from home or from organizations performing functions for the protection of children's rights;
11) neglect – a social phenomenon characterized by the lack of proper control over the behavior and lifestyle of minors, contributing to their commission of infractions;
12) antisocial behavior – actions of an individual that violate generally accepted norms of conduct and morality, the rights and legitimate interests of other persons, including those not entailing administrative or criminal liability;
13) public assistant – a citizen participating in Prevention of infractions and ensuring public order by voluntarily assisting subjects of infraction prevention;
14) public place – a place of common use within or outside populated areas intended for use by the population, as well as for holding mass events, serving and recreation of citizens, the list of which is provided for by this Law;
15) infraction – an unlawful act (action or inaction) entailing liability established by the laws of the Republic of Kazakhstan;
16) person prone to committing infractions – an individual registered for preventive monitoring who, due to the danger of his/her antisocial behavior, is at risk of possibly committing an infraction or has committed an infraction;
17) prevention of infractions – a set of legal, economic, social, organizational, and other measures implemented by subjects of infraction prevention aimed at preserving and strengthening the rule of law by identifying, studying, and eliminating the causes and conditions contributing to the commission of infractions;
18) measures for prevention of infractions – general, individual, and special measures for prevention of infractions;
19) system for prevention of infractions – the aggregate of subjects, types, and measures for prevention of infractions, as well as coordination of their activities and monitoring;
20) subjects of prevention of infractions – state bodies, the bodies of local self-government, organizations, and citizens of the Republic of Kazakhstan carrying out Prevention of infractions;
21) victimological prevention of infractions – the activities of subjects of prevention of infractions in applying preventive measures aimed at reducing the risk of a specific person or group of persons becoming a victim of an infraction;
22) legal education – a set of measures of an educational, informational, and organizational nature aimed at shaping law-abiding behavior, legal awareness, and legal culture of citizens;
23) family-domestic relations – relations between spouses, former spouses, persons cohabiting or having cohabited, close relatives, persons having a common child (children;
24) homeless – a neglected person without a place of residence;
25) psychological violence – intentional influence on a person's psyche, humiliation of honor and dignity through threats, insults, blackmail, or compulsion (inducement) to commit infractions or acts dangerous to life or health, as well as leading to impaired mental, physical, and personal development;
26) sexual violence – an intentional unlawful act infringing upon sexual inviolability or sexual freedom of a person, as well as sexual acts against minors;
27) domestic violence – an intentional unlawful act (action or inaction) of one person in the sphere of family-domestic relations against another person(s), causing or containing a threat of causing physical and (or) mental suffering;
28) economic violence – intentional deprivation of a person of housing, food, clothing, property, funds to which he/she has a right provided for by the laws of the Republic of Kazakhstan.
Article 2. The legislation of the Republic of Kazakhstan on prevention of infractions
1. The legislation of the Republic of Kazakhstan on prevention of infractions is based on the norms of the Constitution of the Republic of Kazakhstan, consists of this Law, international treaties ratified by the Republic of Kazakhstan, and other regulatory legal acts of the Republic of Kazakhstan.
2. International treaties ratified by the Republic of Kazakhstan shall have priority over this Law. The procedure and conditions for the operation on the territory of the Republic of Kazakhstan of international treaties to which the Republic of Kazakhstan is a party shall be determined by the legislation of the Republic of Kazakhstan.
Article 3. Main goals and principles of this Law
1. The main goals of this Law are to ensure the protection and observance of the rights, freedoms, and legitimate interests of individuals and citizens in the sphere of prevention of infractions, to preserve and strengthen the rule of law by identifying, studying, and eliminating the causes and conditions contributing to the commission of infractions.
2. State policy in the sphere of prevention of infractions is implemented on the basis of the following main principles:
1) legality;
2) transparency;
3) scientific validity;
4) confidentiality;
5) priority of preventive measures over repressive measures in Prevention of infractions;
6) comprehensiveness and consistency;
7) individual approach to each person and citizen;
8) humanity;
9) support and preservation of the family;
10) inadmissibility of causing physical and (or) mental suffering to a person and citizen.
Article 4. Main objectives of this Law
The main objectives of this Law are:
1) ensuring the protection of the rights, freedoms, and legitimate interests of individuals and citizens from unlawful encroachments;
2) reducing the level of infractions;
3) preventing and suppressing infractions;
4) raising the level of legal culture and formation of law-abiding behavior;
5) ensuring targeted work on social rehabilitation and adaptation of victims and persons prone to committing infractions;
6) increasing the active participation of citizens in ensuring public order and preventing infractions;
7) coordinating the activities of subjects of prevention of infractions;
8) improving the system for prevention of infractions, as well as identifying, studying, and eliminating the causes and conditions contributing to them;
9) promoting the physical, intellectual, spiritual, and moral development of citizens, fostering patriotism, citizenship, and peacefulness, combined with the interests of society, the traditions of the people of Kazakhstan, and the achievements of national and world culture;
10) ensuring targeted work on the social rehabilitation of children requiring increased pedagogical attention and shaping legal awareness and legal culture among minors;
11) forming a legal basis for carrying out individual prevention measures with persons prone to committing infractions;
12) interaction between subjects of prevention of infractions and parents and other legal representatives of the minor;
13) state support for non-profit organizations whose activities are related to the implementation of measures for prevention of infractions, neglect, and homelessness among minors, through the placement of state social orders and other measures in accordance with the legislative acts of the Republic of Kazakhstan.
Chapter 2. SUBJECTS OF PREVENTION OF INFRACTIONS
Article 5. Competence of state bodies
1. State bodies specified in this Law, within the limits of their competence shall:
1) participate in the development and ensure the implementation of state policy on prevention of infractions;
2) analyze, identify the causes and conditions contributing to the commission of infractions, and take measures to eliminate them;
3) apply measures for prevention of infractions;
4) submit proposals for improving the system for prevention of infractions to authorized state bodies;
5) take measures for social adaptation and social rehabilitation;
6) apply measures for victimological prevention of infractions;
7) participate in the formation of a healthy lifestyle;
8) interact with public associations on prevention of infractions;
9) conduct informational work in the mass media on the measures being taken to prevent infractions;
10) perform other functions provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
2. Heads of state bodies specified in this Law shall be liable for failure to take measures to prevent infractions.
Article 6. Rights of citizens of the Republic of Kazakhstan in the sphere of prevention of infractions
Citizens of the Republic of Kazakhstan shall have the right to:
1) voluntarily participate in Prevention of infractions;
2) warn and suppress infractions, demand that other citizens observe public order;
3) provide assistance to subjects of prevention of infractions in preventive measures;
4) report to authorized state bodies about facts of commission of infractions and persons prone to committing infractions;
5) use technical means to record an infraction;
6) participate in providing assistance to victims of unlawful encroachments and traffic accidents;
7) carry out explanatory and legal work in the sphere of prevention of infractions jointly with state bodies and organizations;
8) appeal, in accordance with the procedure established by the laws of the Republic of Kazakhstan, the actions (inaction) of subjects of prevention of infractions in the sphere of prevention of infractions.
Article 7. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) develop the main directions of the state's socio-economic policy, security, public order maintenance, and organizes their implementation;
2) ensure the adoption of timely measures to prevent crisis demographic processes, curb sharp rises in unemployment and declines in the population's standard of living that lead to an increase in the number of infractions;
3) ensure interaction among subjects of prevention of infractions and coordination of their activities;
4) develop the regulations and composition of the interdepartmental commission on prevention of infractions under the Government of the Republic of Kazakhstan and submit them for approval to the President of the Republic of Kazakhstan;
5) submit to the President of the Republic of Kazakhstan an annual national report on the state of public security (prevention of infractions);
6) perform other functions assigned to it by the Constitution of the Republic of Kazakhstan, laws of the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan.
Article 8. Competence of the local representative bodies
Local representative bodies shall:
1) approve and monitor the execution of local budgets in terms of expenditures on prevention of infractions;
2) hear reports from heads and officials of subjects of prevention of infractions on the work they are conducting;
3) approve, upon the recommendation of the akim, the composition of interdepartmental commissions on prevention of infractions, and on minors' affairs and the protection of their rights;
4) facilitate the compliance by citizens and organizations with the norms of this Law;
5) consider and approve budget programs developed by the relevant akimats, concerning the allocation of funds for incentivizing citizens participating in Prevention of infractions;
6) monitor the activities of commissions of the relevant akimats for incentivizing citizens participating in Prevention of infractions;
7) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 9. Competence of local executive bodies
1. Local executive bodies of regions, cities of republican significance, and the capital shall:
1) develop and implement measures for prevention of infractions in; development plans of regions
2) take measures to eliminate the causes and conditions contributing to the commission of infractions;
3) ensure interaction among subjects of prevention of infractions at the local level;
4) facilitate the employment of persons prone to committing infractions, as well as convicts in institutions of the criminal-executive (penitentiary) system, in accordance with the Law of the Republic of Kazakhstan "On Local Government and Self-government in the Republic of Kazakhstan";
5) ensure the creation and functioning of prevention of infractions system at the local level;
6) ensure, in accordance with the procedure established by the laws of the Republic of Kazakhstan, the care of children in need of special social services, aged from three to eighteen years, in minor adaptation centers and support centers for children in need of special social services;
7) ensure, in accordance with the procedure established by the laws of the Republic of Kazakhstan, the maintenance of minors aged from eleven to eighteen years in special educational organizations;
8) ensure the formation of social infrastructure for minors, including organizations performing functions for the protection of children's rights and special educational organizations, and monitor their activities;
9) submit for approval to the relevant local representative bodies the composition of interdepartmental commissions on prevention of infractions, and on minors' affairs and the protection of their rights, as well as ensure their functioning;
10) ensure the implementation and coordination of state policy in the field of child rights protection;
11) carry out the formation, implementation monitoring, and evaluation of results of the state social order in the sphere of prevention of infractions in accordance with the established procedure;
12) ensure the organization of legal education for citizens;
13) determine the types and procedure for incentives, as well as the amount of monetary remuneration for citizens participating in Prevention of infractions;
14) exercise, in the interests of local state administration, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
2. Local executive bodies of cities, districts (cities of regional significance), akims of districts in cities, cities of district significance, towns, villages, and rural districts shall:
1) ensure the implementation of general measures for prevention of infractions and are responsible for their implementation;
2) ensure the organization of legal education for citizens;
3) submit for approval to the relevant local representative bodies the composition of interdepartmental commissions on prevention of infractions, and on minors' affairs and the protection of their rights, as well as ensure their functioning;
4) establish organizations for provision of assistance and ensure their functioning;
5) take measures to involve citizens in Prevention of infractions;
6) maintain records of citizens participating in Prevention of infractions, determine the types and procedure for their incentives;
7) establish commissions for incentivizing citizens participating in Prevention of infractions;
8) issue official warnings;
9) form social infrastructure for minors;
10) organize the provision of special social services to persons (families) in difficult life situations;
11) provide organizational and methodological assistance to non-profit and other organizations whose activities are related to the implementation of measures for prevention of infractions, neglect, and homelessness, and to raising the legal literacy of the population;
12) organize interaction with mobile groups, family support centers, and psychological support centers on issues of identifying victims and organizing assistance to them;
13) interact with other subjects of prevention of infractions;
14) establish assistance centers for child victims of violence;
15) exercise, in the interests of local state administration, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Article 10. Competence of family support centers
1. Family support centers shall be established and (or) organized by decision of local executive bodies in districts and cities under local executive bodies responsible for social protection and employment of the population.
2. Family support centers shall:
1) implement measures of state family policy, including measures to preserve marriage and family, and resolve family conflicts;
2) coordinate work to provide support to persons (families) in difficult life situations by state bodies within their competence, including through an integrated model;
3) facilitate the provision of social, legal, and psychological support to persons (families) in difficult life situations;
4) provide support to persons with signs of domestic violence, including the possibility of their temporary residence for up to one month;
5) conduct informational and explanatory work on the directions and measures of state family policy;
6) interact with local executive bodies, organizations, volunteers, and advisory-consultative bodies on issues of implementing state family policy and preventing domestic violence;
7) monitor and analyze trends in state family policy;
8) organize the work of mobile groups for the early identification and provision of support to persons (families) in difficult life situations, with the participation of education, healthcare, and internal affairs bodies within their competence, under the coordination of the local executive body responsible for social protection and employment of the population;
9) inform law enforcement and other authorized bodies about identified facts of violence and crime among minors and persons who have sought help from violence;
10) maintain records of victims of domestic violence;
11) take other measures to prevent infractions in accordance with the legislation of the Republic of Kazakhstan.
Article 11. Competence of mobile groups
Mobile groups shall:
1) implement measures for the early identification and organization of support provision to persons (families) in difficult life situations;
2) inform law enforcement and other authorized bodies about identified facts of violence and infractions among minors and persons who have sought help from violence;
3) interact with local executive bodies, organizations, and other subjects of prevention of infractions on issues of prevention of infractions;
4) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 12. Competence of prosecution bodies
Prosecution bodies shall:
1) exercise supreme supervision over compliance with legality in the sphere of prevention of infractions;
2) coordinate the activities of law enforcement and other state bodies to ensure legality, public order, and crime control;
3) compile state legal statistics and maintain special accounts;
4) exercise other powers provided for by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 13. Competence of internal affairs bodies
Internal affairs bodies shall:
1) implement measures for prevention of infractions;
2) conduct preventive, informational, and legal work with the population in the sphere of prevention of infractions;
3) identify, maintain preventive records of, and take individual prevention measures against persons prone to committing infractions;
4) inform interested state bodies about persons prone to committing infractions for their social adaptation and social rehabilitation;
5) notify bodies performing guardianship or trusteeship functions about identified unlawful acts against minors;
6) deliver minors to educational organizations with a special regime of detention, as well as to minor adaptation centers for neglected and homeless children aged from three to eighteen years, and children left without parental care or persons replacing them, in case of impossibility of their timely placement, detained during the activities of internal affairs bodies;
7) refer the victim, taking into account his/her opinion, to an assistance organization or a healthcare organization;
8) organize legal training for citizens participating in Prevention of infractions;
9) interact with citizens and organizations participating in Prevention of infractions;
10) develop and approve the procedure, forms, and types of involvement of citizens participating in Prevention of infractions;
11) interact with subjects of security activities;
12) ensure the conduct of preventive measures in order to prevent the commission of infractions by convicts held in institutions of the criminal-executive (penitentiary) system and registered with probation services, as well as by persons held in pre-trial detention centers of the criminal-executive (penitentiary) system;
13) exercise an educational influence on convicts in accordance with the Penal Execution Code of the Republic of Kazakhstan;
14) exercise administrative supervision over persons released from institutions of the criminal-executive (penitentiary) system;
15) issue official warnings;
16) develop and publish, within their competence, scientific and educational publications in the sphere of prevention of infractions;
17) participate in the development of rules for interaction among subjects of prevention of infractions and their response to facts of infractions;
18) interact with mobile groups and family support centers on issues of identifying and organizing assistance to victims;
19) restrict or temporarily prohibit the offender from accessing or staying in dwellings, or in certain areas, if his/her presence poses a threat to the life and health of the victim and minor members of his/her family;
20) conduct preventive interviews;
21) issue protective orders;
22) petition the court to establish special requirements for the offender's behavior;
23) ensure the delivery of persons for whom the court has established special behavioral requirements to healthcare organizations for the provision of psychological assistance;
24) apply measures to ensure the safety of persons participating in criminal proceedings;
25) ensure the organization of advanced training on prevention of infractions issues for internal affairs officers;
26) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 14. Competence of the authorized anti-corruption body
The authorized anti-corruption body shall:
1) identify the causes and conditions contributing to the commission of corruption infractions in the activities of state bodies, organizations, and subjects of the quasi-public sector;
2) submit for consideration to the Government of the Republic of Kazakhstan recommendations on minimizing and eliminating the causes and conditions for the emergence of corruption in the activities of state bodies, organizations, and subjects of the quasi-public sector;
3) formulate and coordinate anti-corruption policy, coordinate the activities of state bodies and organizations in matters of preventing corruption and minimizing the causes and conditions contributing to the commission of corruption infractions;
4) coordinate the activities of anti-corruption compliance services in subjects of the quasi-public sector within the framework of methodological support, conduct training events and information exchange on combating corruption in the subject of the quasi-public sector;
5) monitor the implementation by state bodies, organizations, and subjects of the quasi-public sector of recommendations to eliminate the causes and conditions contributing to the commission of corruption infractions, issued based on the results of an external analysis of corruption risks;
6) interact with other state bodies, individuals, and legal entities in the main areas of activity of the authorized body for anti-corruption;
7) assess the level of corruption and conduct sociological studies necessary to determine the level of corruption in the public and private sectors;
8) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 15. Competence of justice bodies
Justice bodies shall:
1) coordinate the activities of state bodies in legal propaganda;
2) conduct legal expertise of draft regulatory legal acts in order to prevent the adoption of norms contributing to the commission of infractions;
3) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 16. Competence of the economic investigation service
The economic investigation service shall:
1) develop and implement measures aimed at preventing economic (financial) infractions;
2) identify the causes and conditions contributing to the commission of economic (financial) infractions, including using information and digital systems of state bodies, submit statutory notices on eliminating the causes and conditions contributing to the commission of infractions;
3) develop methods for the early detection and prevention of economic (financial) infractions;
4) conduct informational and explanatory work on existing risks and threats, as well as preventive measures being taken related to economic (financial) infractions (in mass media, social networks, places of mass gathering of citizens, and other information sources);
5) interact with state bodies, subjects of financial monitoring, industry associations and public associations, youth organizations and volunteer movements, civil society, and influencers on issues of preventing economic (financial) infractions;
6) maintain departmental preventive records and publish a register of individuals and legal entities associated with illegal activities in the sphere of economic infractions;
7) take, within its competence, general and individual measures to prevent economic (financial) infractions in the form of preventive interviews, official warnings, as well as measures for victimological prevention of infractions in this sphere;
8) interact with citizens and organizations participating in Prevention of infractions;
9) organize legal training for citizens participating in Prevention of infractions;
10) develop and approve the procedure, forms, and types of involvement of citizens participating in Prevention of infractions;
11) submit proposals for improving the legislation of the Republic of Kazakhstan, participate in the development of regulatory legal acts in the sphere of preventing economic (financial) infractions;
12) conduct preventive measures, including interdepartmental and international ones, to prevent and suppress economic (financial) infractions;
13) conduct strategic analysis in spheres and sectors most susceptible to the shadow economy in order to identify risks and develop recommendations for their elimination in state bodies and organizations;
14) monitor intra-departmental risks contributing to the commission of economic infractions;
15) within its competence, monitor the information space to identify unlawful content, including on the Internet, taking measures to block it;
16) use modern digital technologies and tools, integrate them for rapid response, collection and analysis of data on economic (financial) infractions, as well as forecasting the risks of their commission, identifying hotspots of spread and target audiences for prevention of infractions;
17) carry out international cooperation, participate in international industry organizations, committees, and working groups to study and implement best practices in Prevention of economic (financial) infractions and improve the legislation of the Republic of Kazakhstan;
18) within its competence, implement socially oriented projects, taking measures to protect and restore the rights and legitimate interests of individuals and citizens;
19) conduct socio-economic monitoring to identify misuse of state funds, submit proposals to state bodies and subjects of the quasi-public sector to reduce unjustified state expenditures, revise the financing of state programs and national projects, eliminate unproductive intermediaries and speculative schemes, and stabilize markets;
20) organize open dialogue platforms to discuss current issues of preventing economic (financial) infractions with the public and develop new initiatives in this sphere;
21) participate, within its competence, in raising the level of financial literacy and legal culture of the population;
22) interact, within its competence, with educational institutions and organizations on issues of financial and legal education of students and pupils, as well as conduct events for them on prevention of economic (financial) infractions;
23) organize training courses, lectures, and seminars on prevention of economic (financial) infractions;
24) prepare informational materials, issue bulletins (collections), and other informational publications on prevention of economic (financial) infractions;
25) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 17. Competence of military command bodies
1. Military command bodies shall:
1) organize educational, ideological, socio-legal, and propaganda work among the troops, conduct legal education of military personnel;
2) organize work to prevent infractions, strengthen military discipline, and the moral-psychological state of personnel;
3) take measures to prevent infractions against military personnel;
4) identify military personnel prone to committing infractions and inform military police bodies and (or) military investigative bodies for response within their competence;
5) on the territory of military units (institutions) and (or) at the place of service, monitor the behavior of military personnel who have committed an infraction and (or) are prone to committing it, including based on information from military police bodies and law enforcement bodies;
6) be responsible for the state of public order and the ongoing work on prevention of infractions within their competence;
7) interact with citizens, organizations, and state bodies on issues of prevention of infractions;
8) 8. exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
2. The implementation of prevention of infractions measures shall be carried out taking into account the specifics of military service by military personnel in the Armed Forces of the Republic of Kazakhstan, other troops, and military formations.
Article 18. Competence of military investigative bodies and military police bodies
Military investigative bodies and military police bodies shall:
1) participate in the legal education of military personnel;
2) take general measures to prevent infractions against military personnel in the form of legal explanatory work aimed at formation of law-abiding behavior;
3) take measures on individual prevention of infractions in the form of a preventive interview with military personnel who have committed an infraction and (or) are prone to committing it, and initiate in writing before the command of military units (institutions) the monitoring of their behavior;
4) submit for consideration to military command bodies and the leadership of military units (institutions) recommendations on minimizing and eliminating existing risks, systemic problems, causes, and conditions for the emergence of infractions in the activities of military units (institutions);
5) interact with individuals and legal entities, state bodies and non-profit organizations, and the leadership of military units (institutions) on issues of prevention of infractions;
6) 8. exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 19. Competence of the Commissioner for Human Rights in the Republic of Kazakhstan
The Commissioner for Human Rights in the Republic of Kazakhstan, in his/her activities, shall submit recommendations and proposals regarding measures aimed at preventing infractions and restoring the rights and freedoms of individuals and citizens to the Government of the Republic of Kazakhstan and other state bodies, local state administration and self-government bodies, other organizations, and officials.
Article 20. Competence of the authorized body in the field of education
The authorized body in the field of education shall:
1) interact with state bodies and organizations on issues of legal education of students and pupils of educational organizations;
2) develop programs and methodologies aimed at formation of law-abiding behavior of students and pupils of educational organizations, inculcating in them the foundations of morality and a healthy lifestyle;
3) develop and approve the rules for pedagogical support of minors requiring increased attention in educational organizations;
4) jointly with interested state bodies, develop and approve the rules for identifying and providing assistance to minors who have been subjected to violence, abuse, harassment (bullying), as well as those who have witnessed violence;
5) develop and approve standard rules for the operation of assistance centers for child victims of violence;
6) develop and approve the procedure for the formation and operation of commissions on minors' affairs and the protection of their rights;
7) organize advanced training for teachers on issues of preventing infractions, violence, abuse, and bullying of minors;
8) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 21. Competence of education management bodies of regions, cities of republican significance, the capital, districts (cities of regional significance)
Education management bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) shall:
1) ensure the organization of summer holidays, leisure, and employment for minors;
2) implement in the practice of educational organizations educational programs and methodologies aimed at formation of law-abiding behavior of minors;
3) ensure the development of a network of supplementary education organizations, analyze and improve their activities, and involve minors in them;
4) conduct, jointly with other subjects of prevention of infractions, measures to prevent infractions among students and pupils of educational organizations;
5) ensure the provision of assistance to minors subjected to violence, abuse, harassment (bullying), as well as those who have witnessed violence;
6) organize advanced training for teachers on issues of preventing infractions, violence, abuse, and harassment (bullying) of minors;
7) immediately inform law enforcement and other authorized bodies about identified facts of violations of the rights of minors;
8) ensure that minors registered with the probation service receive secondary education;
9) participate in identifying minors requiring special attention, parents and legal representatives of minors who fail to fulfill their duties in the upbringing, education, and (or) maintenance of minors, as well as those negatively influencing their behavior, in registering them with internal affairs bodies and conducting measures for the individual prevention of infractions with them;
10) conduct a quarterly analysis of the activities of educational organizations in preventing infractions among minors and the effectiveness of the measures taken;
11) implement tools in the work of educational organizations to identify minors prone to antisocial behavior.
Article 22. Competence of the body performing guardianship or trusteeship functions
The body performing guardianship or trusteeship functions shall:
1) participate in identifying minors subjected to violence, abuse, harassment (bullying);
2) ensure an analysis of the needs of minors subjected to violence for the provision of special social services in accordance with the standards for the provision of special social services and submit proposals to the authorized body in the field of education;
3) coordinate activities to provide assistance to minors subjected to violence, abuse, harassment (bullying), as well as those who have witnessed violence;
4) conduct individual support for minors subjected to violence, abuse, harassment (bullying);
5) participate in the work of mobile groups within its competence;
6) file applications with the court to refer minors to special educational organizations.
Article 23. Competence of educational organizations
Educational organizations shall:
1) immediately report to law enforcement bodies facts of infractions committed by or against minors, including those that become known to them in connection with their professional activities outside the educational organization;
2) provide psychological and pedagogical support to students and pupils in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
3) conduct pedagogical support for students requiring increased attention and provide them with timely support;
4) implement educational programs and methodologies aimed at formation of law-abiding behavior of minors;
5) organize summer holidays, leisure, and employment for minors;
6) conduct, jointly with other subjects of prevention of infractions, measures to prevent infractions among students and pupils;
7) interact with psychological support centers on issues of pedagogical support for minors requiring increased attention;
8) organize and ensure a safe educational environment aimed at countering any forms of infractions;
9) identify and maintain records of minors not attending educational organizations for unexcused reasons, conduct work with them and their legal representatives within the framework of pedagogical support for minors requiring increased attention;
10) conduct work with legal representatives of minors on issues of preventing infractions among minors within their competence;
11) organize the work of accessible sports sections and clubs for minors;
12) provide assistance in obtaining secondary education for minors registered with the probation service;
13) provide social rehabilitation to minors who have been subjected to violence, abuse, harassment (bullying), as well as those who have witnessed violence, in accordance with the legislation of the Republic of Kazakhstan;
14) establish prevention councils to identify and prevent infractions among minors;
15) identify minors prone to antisocial behavior;
16) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 24. Competence of the authorized body in the field of healthcare
The authorized body in the field of healthcare shall:
1) ensure policy on the formation of a healthy lifestyle;
2) ensure the organization of medical care for persons with addictions (alcohol, narcotic drugs, psychotropic substances, their analogues, other intoxicating substances), including gambling addiction (ludomania);
3) coordinate the organization of measures for prevention of drug addiction, alcoholism, and suicide in the healthcare field;
4) participate in the development of joint measures in the healthcare field through interaction with subjects of prevention of infractions;
5) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 25. Competence of local state healthcare management bodies of regions, cities of republican significance, and the capital
Local state healthcare management bodies of regions, cities of republican significance, and the capital, within their competence, shall:
1) organize work on promoting a healthy lifestyle;
2) provide advisory assistance to state bodies and institutions of the system of prevention of infractions;
3) organize medical care for persons with addictions (alcohol, narcotic drugs, psychotropic substances, their analogues, other intoxicating substances), including gambling addiction (ludomania);
4) organize advanced training for healthcare workers on prevention of infractions issues;
5) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 26. Competence of healthcare organizations
Healthcare organizations shall:
1) carry out examination, dynamic observation, treatment of persons, as well as ensure medical and social rehabilitation of persons with addictions (alcohol, narcotic drugs, psychotropic substances, their analogues, other intoxicating substances), including gambling addiction (ludomania);
2) notify internal affairs bodies of facts of persons seeking medical assistance due to infractions and the medical care provided to them;
3) report to law enforcement bodies facts of actions (inaction) by or against minors containing signs of a criminal or administrative infraction in healthcare organizations, as well as facts that become known to them in connection with their professional activities outside healthcare organizations;
4) provide medical and social assistance in the field of mental health;
5) ensure round-the-clock admission and care of lost, abandoned, and other children under three years of age left without the care of legal representatives, for the period of examination and treatment;
6) ensure round-the-clock admission and provision of medical care to minors who are in a state of alcohol, narcotic, or toxic intoxication;
7) provide, upon request of the criminal prosecution body and the court, a conclusion on the diagnosis of a minor regarding his/her socio-psychological state;
8) conduct preventive and mandatory medical examinations of minors referred to special educational organizations and educational organizations with a special regime of detention;
9) prepare, in accordance with the established procedure, a conclusion on the health status of minors referred to special educational organizations and educational organizations with a special regime of detention;
10) provide, upon request of law enforcement bodies, information on persons with mental and behavioral disorders (illnesses) related to the use of psychoactive substances among minors, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
11) interact with mobile groups, family support centers, and psychological support centers on issues of providing medical care to victims;
12) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 27. Competence of the authorized body in the sphere of employment and social protection of the population
The authorized body in the sphere of employment and social protection of the population shall:
1) form state policy aimed at promoting employment and social protection of the population;
2) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 28. Competence of organizations in the sphere of social protection and employment of the population
Organizations in the sphere of social protection and employment of the population shall:
1) ensure employment of the population;
2) provide special social services in accordance with the procedure established by the Social Code of the Republic of Kazakhstan;
3) participate in the legal education of citizens within the limits of their competence;
4) coordinate the development of a network of organizations for social adaptation and rehabilitation of homeless persons;
5) immediately report to law enforcement bodies on the facts concerning the commission by minors or against them of acts (omissions) containing indicia of a criminal or administrative infraction, occurring in social protection organizations for the population, as well as facts that have become known to them in connection with their professional activities outside such organizations;
6) ensure an analysis of the needs of students and pupils who have experienced domestic violence for the provision of special social services in accordance with the standards for the provision of special social services, as well as for psychological, medical, and legal assistance, and submit proposals to the authorized bodies in the fields of education and (or) healthcare;
7) promote the employment of convicted persons in institutions of the penal execution (penitentiary) system;
8) organize the work of family support centers and mobile groups for the identification and provision of support to persons (families) facing difficult life situations by state bodies within their competence, including through an integrated model;
9) ensure the identification of grounds on which a person (family) may be recognized (recognized) as potentially in need of special social services;
10) ensure the support and exit of persons (families) from difficult life situations;
11) inform victims about the types of special social services, the means of obtaining them, and the availability of organizations providing special social services in the given locality;
12) organize advanced training for social workers on issues of prevention of infractions;
13) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 29. Competence of the authorized body in the field of physical culture and sports
1. The authorized body in the field of physical culture and sports shall:
1) identify the causes and conditions contributing to the commission of infractions and take measures to eliminate them within its competence;
2) jointly with other state bodies and public organizations, coordinate work to involve persons prone to committing infractions, including youth registered with law enforcement authorities, in physical culture and sports;
3) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
2. Physical culture and sports organizations shall:
1) take measures to involve the population in physical culture and sports;
2) jointly with other state bodies and public organizations, involve persons prone to committing infractions, including youth registered with law enforcement authorities, in physical culture and sports;
3) provide services of sports sections for children and youth, for which the state sports order is implemented, in accordance with the legislation of the Republic of Kazakhstan;
4) take, within their competence, measures for victimological prevention of infractions;
5) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 30. Competence of the authorized body in the field of mass media
The authorized body in the field of mass media shall:
1) ensure the conduct of legal advocacy in the mass media;
2) facilitate the coverage in the mass media of the activities of prevention of infractions subjects;
3) 8. exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 31. Competence of the authorized body on state youth policy
The authorized body on state youth policy shall:
1) form an ideology of intolerance towards infractions among youth;
2) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 32. Competence of state organizations for youth affairs
State organizations for youth affairs shall:
1) take measures to reduce the risk of youth involvement in unlawful activities and to form a responsible attitude toward compliance with the laws of the Republic of Kazakhstan;
2) develop and implement programs and measures aimed at:
involving youth in socially useful activities;
enhancing legal literacy among youth;
supporting youth entrepreneurship;
providing access to quality education and employment;
3) take, within their competence, measures for victimological prevention of infractions;
4) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 33. Competence of the authorized body in the sphere of digitalization
The authorized body in the sphere of digitalization shall:
1) promote the development of digital technologies aimed at the prevention, detection, and recording of infractions;
2) implement measures to enhance the digital literacy of the population for the purpose of prevention of infractions;
3) integrate existing digital systems of state bodies;
4) develop the digital security infrastructure;
5) provide consultations and psychological assistance to citizens who are victims of domestic violence through various communication channels;
6) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 34. Competence of the authorized body exercising state regulation, control and supervision of the financial market and financial organizations
The authorized body exercising state regulation, control and supervision of the financial market and financial organizations shall:
1) conduct information and explanatory work regarding existing threats of unlawful acts in the sphere of financial services;
2) exercise other powers provided for by this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan.
Article 35. Rights of entrepreneurs
Entrepreneurs shall have the right to:
1) interact with state bodies and the bodies of local self-government in the sphere of prevention of infractions;
2) submit proposals on issues of improving the Prevention of infractions system;
3) participate in public consultations and public councils;
4) report to authorized state bodies facts concerning the commission of infractions and persons prone to committing infractions;
5) use technical means to ensure security;
6) assist law enforcement authorities in preventing and solving infractions, including by providing data on suspicious actions or persons;
7) exercise other rights provided for by the legislation of the Republic of Kazakhstan.
Article 36. Competence of chairpersons of associations of property owners
Chairpersons of associations of property owners shall have the right to:
1) notify persons who pose a threat to the security of residence (stay) at a condominium property of the legal consequences of their behavior;
2) report to authorized state bodies facts concerning the commission of infractions and persons prone to committing infractions;
3) use technical means to ensure security;
4) ensure a set of measures aimed at creating safe conditions for the residence (stay) of apartment owners at a condominium property;
5) undergo legal training in internal affairs bodies;
6) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Article 37. Competence of state and non-profit organizations providing assistance
1. State organizations providing assistance shall:
1) organize the provision of necessary psychological, pedagogical, medical, and legal assistance to victims, as well as to persons prone to committing infractions;
2) provide special social services in accordance with the procedure established by the Social Code of the Republic of Kazakhstan;
3) conduct psychocorrectional programs;
4) inform law enforcement bodies of facts concerning the commission of infractions or the threat of their commission;
5) carry out legal education work on prevention of infractions issues;
6) interact with individuals and legal entities on prevention of infractions issues;
7) refer victims of infractions to family support centers for assistance in accordance with the procedure established by authorized state bodies;
8) take, within their competence, measures for victimological prevention of infractions;
9) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
2. Non-profit (non-governmental) organizations shall:
1) conduct information and advocacy work on prevention of infractions issues;
2) refer victims of infractions to family support centers for assistance in accordance with the procedure established by authorized state bodies;
3) inform law enforcement authorities of facts concerning the commission of infractions or the threat of their commission against minors in the sphere of family and domestic relations;
4) conduct psychocorrectional programs with persons prone to committing infractions;
5) provide special social services in accordance with the procedure established by the Social Code of the Republic of Kazakhstan;
6) provide assistance in social adaptation;
7) organize the provision of necessary psychological, pedagogical, and legal assistance to persons victimized by infractions;
8) take, within their competence, measures for victimological prevention of infractions.
Chapter 3. COORDINATION AND INTERACTION OF SUBJECTS OF PREVENTION OF INFRACTIONS
Article 38. Interdepartmental commission on prevention of infractions
1. The interdepartmental commission on prevention of infractions shall be a permanently functioning advisory and consultative body ensuring the coordination of activities of state bodies on matters of offence prevention.
2. The interdepartmental commission on prevention of infractions shall be established under the Government of the Republic of Kazakhstan, as well as under local executive bodies of regions, cities of republican significance, the capital, and districts, and cities of regional significance.
3. For the purpose of analyzing the activities of state bodies and formulating recommendations, an interdepartmental group shall be established, whose activities shall be governed by the rules for the implementation of project management approved by the authorized body for project management.
Recommendations of the interdepartmental group shall be considered at meetings of the interdepartmental commissions on offence prevention.
4. The composition, powers, and procedures of the interdepartmental commission on prevention of infractions при Правительстве of the Republic of Kazakhstan under the Government of the Republic of Kazakhstan shall be determined by the regulations approved by the President of the Republic of Kazakhstan.
The powers and procedures of regional (district) interdepartmental commissions on prevention of infractions shall be determined by local executive bodies of regions, cities of republican significance, the capital, and districts, and cities of regional significance.
Article 39. Coordination of activities and interaction of subjects of prevention of infractions
1. Coordination of activities and interaction of subjects of prevention of infractions shall be carried out in order to increase the effectiveness of preventive work by developing and implementing coordinated actions for the timely prevention, detection, and suppression of infractions, and for the elimination of the causes and conditions contributing to their commission.
2. Coordination of activities and interaction of subjects of prevention of infractions shall be carried out in the following main forms:
1) formulation of proposals and recommendations for improving the activities of subjects of prevention of infractions;
2) exchange of information;
3) study and dissemination of positive experience;
4) conduct of joint preventive measures;
5) holding of meetings and conferences;
6) issuing bulletins (collections) and other informational publications.
3. Subjects of prevention of infractions shall be obliged to immediately inform state bodies of any facts that become known to them regarding impending or committed infractions falling within the competence of such bodies.
Article 40. National Report on the State of Public Safety (Prevention of infractions) in the Republic of Kazakhstan
1. The National Report on the State of Public Safety (Prevention of infractions) in the Republic of Kazakhstan shall be prepared for the purpose of annually informing the population about the state of public safety on the territory of the Republic of Kazakhstan and the measures being taken to improve it.
2. В The National Report on the State of Public Safety (Prevention of infractions) in the Republic of Kazakhstan shall reflect the following information:
1) the current state of affairs in the field of prevention of infractions;
2) the current criminogenic situation;
3) assessment of the effectiveness of prevention of infractions measures;
4) implementation of measures to protect and restore the rights and legitimate interests of citizens, to identify and eliminate the causes and conditions contributing to the commission of infractions, to prevent child neglect and homelessness, and to protect citizens from violence, cruelty, and antisocial behavior.
3. The procedure for the preparation, submission of the National Report on the State of Public Safety (Prevention of infractions) in the Republic of Kazakhstan to the President of the Republic of Kazakhstan, and its publication shall be approved by the President of the Republic of Kazakhstan.
SECTION 2. MEASURES FOR PREVENTION OF INFRACTIONS Chapter 4. GENERAL MEASURES FOR PREVENTION OF INFRACTIONS
Article 41. General measures for prevention of infractions
1. General measures for prevention of infractions are aimed at the formation of the state policy by eliminating the socio-economic causes and conditions for the commission of infractions.
2. General measures for prevention of infractions shall include:
1) development, implementation, analysis, and monitoring of documents of the State Planning System of the Republic of Kazakhstan and other planning documents in the field of prevention of infractions;
2) conduct of informational and ideological work among the population in the field of prevention of infractions;
3) integration of scientific and technological achievements;
4) involvement of citizens in Prevention of infractions.
Article 42. The development, implementation, analysis, and monitoring of documents of the State Planning System of the Republic of Kazakhstan and other planning documents in the field of prevention of infractions
The development, implementation, analysis, and monitoring of documents of the State Planning System of the Republic of Kazakhstan and other planning documents in the field of prevention of infractions as well as the assessment of their effectiveness, shall be ensured in accordance with the rules for the implementation of project management approved by the authorized body for project management.
Article 43. Conduct of informational and ideological work among the population in the field of prevention of infractions
1. The conduct of informational and ideological work among the population in the field of prevention of infractions shall be aimed at fostering a negative attitude in society towards infractions, increasing legal awareness and legal culture, and enhancing the moral qualities of citizens oriented towards universal human values and law-abiding behavior, as well as developing skills for constructive conflict resolution and understanding social responsibility.
2. Informational and ideological work shall be conducted by subjects of prevention of infractions in a proactive format through legal explanatory work, which shall be based on the accessibility of legal information, the interaction of subjects of prevention of infractions, and shall also ensure the necessary conditions for the active participation of citizens in maintaining law and order.
3. Legal explanatory work shall be conducted by means of informational, digital, educational, and other methods of increasing the legal awareness and legal culture of citizens.
Article 44. Integration of scientific and technological achievements
1. The integration of scientific and technological achievements in the field of prevention of infractions shall be carried out in order to improve the effectiveness of its measures, enhance the transparency of the activities of state bodies, and the accessibility of services to the population.
2. The use of the integration of scientific and technological achievements shall be carried out through:
1) introduction of modern data analysis methods and machine learning for analyzing criminogenic statistics, identifying trends and predicting potential infractions, followed by rational redistribution of state body resources and development of targeted Prevention of infractions measures;
2) application of biometric and identification technologies;
3) integration and use of various digital and geoinformation systems and databases;
4) application of technical means of video recording of infractions and artificial intelligence;
5) training in the field of ensuring cybersecurity of digital systems and personal data of citizens;
6) conducting scientific research in the field of criminology, the causes of antisocial behavior, and developing measures for their prevention;
7) training of specialists and improving their qualifications;
8) development of methods for analyzing Prevention of infractions;
9) development of social rehabilitation programs for persons prone to committing infractions based on scientific data;
10) other digital tools and scientific methods provided for by the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan.
Article 45. Involvement of citizens in Prevention of infractions
1. Involvement of citizens in Prevention of infractions shall be carried out by voluntarily providing assistance to law enforcement bodies in accordance with this Law and other laws of the Republic of Kazakhstan.
2. A citizen who has expressed a desire to participate in Prevention of infractions shall submit an application to a law enforcement body, attaching thereto a copy of the identity document of the citizen of the Republic of Kazakhstan. The citizen shall have the right to attach a copy of the life and health insurance certificate to the said documents.
3. From the date of receipt of the application, the law enforcement body shall, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, check the citizen against narcological, psychoneurological, and other records, after which it shall file a corresponding petition with the local executive body of the district (city of regional or republican significance), attaching copies of the submitted documents, or shall refuse the applicant in writing, stating the reasons for the decision made.
4. The local executive body of the district (city of regional, republican significance) shall, within seven working days, consider the received petition, register the citizen, and place him/her on record as a public assistant, and shall inform the law enforcement body thereof in writing.
5. The following citizens shall not be permitted to participate in Prevention of infractions:
1) those who have not reached the age of majority;
2) against whom a pre-trial investigation is being conducted;
3) those who are on a preventive register provided for by this Law;
4) those against whom an administrative penalty for an intentional infraction was imposed by a court within one year prior to the submission of the application;
5) those who are on the records of narcological or psychoneurological dispensaries, or who have been recognized by a court decision as legally incapacitated or partially legally incapacitated.
6. Rejection of an application shall not preclude the applicant from reapplying, provided that the reasons for the refusal are eliminated.
7. The grounds for termination of a public assistant’s participation in Prevention of infractions shall be:
1) a statement of unwillingness to continue participating in Prevention of infractions;
2) being subjected to criminal liability;
3) imposition of an administrative penalty for an intentional infraction by a court;
4) relocation for permanent residence outside the Republic of Kazakhstan;
5) occurrence of circumstances precluding his/her further participation in Prevention of infractions (mental or behavioral disorder (illness), including those related to the use of psychoactive substances, or other illness dangerous to others, according to the list approved by the authorized body in the field of healthcare, or death).
8. Upon the occurrence of the circumstances specified in paragraph 7 of this Article, the local executive body of the district (city of regional or republican significance), upon the recommendation of the relevant law enforcement body, shall remove such citizen from the register of public assistants.
Article 46. Rights and obligations of public assistants
1. Public assistants participating in Prevention of infractions shall carry out their activities through:
1) participation in the organization of legal propaganda;
2) participation in the work of advisory and consultative bodies;
3) assistance to other subjects of prevention of infractions;
4) prevention and suppression of infractions.
2. In addition to the rights specified in Article 6 of this Law, public assistants shall have the right to:
1) inform about persons subject to being placed on the preventive register of law enforcement bodies, and to participate in conducting individual preventive work with them under the direct supervision of law enforcement officers;
2) inform law enforcement bodies about facts of illegal cultivation and collection of plants containing narcotic drugs, as well as wild-growing crops of narcotic-containing plants;
3) inform law enforcement bodies about dens for the consumption of narcotic drugs, psychotropic substances, their analogues, and prostitution, as well as premises potentially suitable for such purposes;
4) ensure the protection of public order in public places, as well as during various sporting, cultural, mass, and entertainment events under the direct supervision of internal affairs officers;
5) provide assistance in searching for missing persons and solving crimes;
6) secure the scene of an incident until the arrival of law enforcement officers;
7) take part in Prevention of infractions on the territory of educational institutions, including dormitories and educational-production workshops;
8) carry out Prevention of infractions among minors and prevent child neglect and homelessness;
9) use physical force and other means for the purpose of suppressing infractions and detaining offenders if it is impossible to achieve these goals by other means. In doing so, exceeding the measures necessary for this purpose shall not be permitted.
3. Public assistants shall be obliged to:
1) observe the constitutional rights and freedoms of citizens;
2) immediately inform law enforcement bodies of any facts of impending or committed criminal infractions that become known to them;
3) present, upon the request of citizens, an identification document confirming the lawfulness of their participation in Prevention of infractions;
4) explain to citizens detained for committing a criminal or administrative infraction the grounds for the coercive measures applied to them;
5) maintain confidentiality;
6) undergo legal training.
4. Public assistants shall be prohibited from:
1) carrying out procedural and other activities that, in accordance with the legislation of the Republic of Kazakhstan, fall within the exclusive competence of law enforcement and other state bodies;
2) assuming the powers of law enforcement officers;
3) obstructing the lawful activities of law enforcement officers;
4) acting as witnesses while participating in Prevention of infractions measures;
5) committing acts that humiliate the honor and dignity of a person or citizen or unlawfully restrict the rights and freedoms of citizens;
6) using, while participating in Prevention of infractions measures, special means that are in service with law enforcement bodies;
7) using physical force and other means against women, persons with obvious signs of disability, minors when their age is known or obvious, except in cases where they commit an armed or group attack (violence).
5. The provisions of this Article shall not apply to legal relations arising in connection with operational-search and counterintelligence activities regulated by the laws of the Republic of Kazakhstan.
6. Internal affairs bodies shall organize legal training for public assistants at the base of district police stations.
Article 47. Promotion measures for public assistants participating in Prevention of infractions
1. The promotion measures for public assistants participating in Prevention of infractions shall be as follows:
1) expression of gratitude;
2) awarding a certificate of honor;
3) payment of a monetary reward;
4) referral to training under educational and professional development programs;
5) submission of recommendations for incentive to organizations and enterprises;
6) submission of proposals for awarding a state award and an honorary title to persons who have made a significant contribution to Prevention of infractions.
Local executive bodies shall have the right to apply other incentive measures for citizens participating in Prevention of infractions.
2. Issues concerning the promotion of public assistants shall be considered upon the recommendation of state bodies by a commission on the promotion of citizens.
The commission shall also have the right to promote citizens who are not registered with local executive bodies as public assistants, in accordance with the procedure established by this Law, if they have contributed to the prevention, suppression or detection of infractions.
3. Citizens who have submitted to the competent authorities a message with attached photo and video recordings of an administrative infraction may be promoted by a monetary reward calculated from the amount of the fine collected from the offender, pursuant to decisions of local executive bodies in accordance with the legislation of the Republic of Kazakhstan. A citizen shall have the right to designate a charitable organization as the recipient of the reward.
The procedure, types and time limits for promotion shall be determined by local executive bodies.
Chapter 5. MEASURES FOR THE INDIVIDUAL PREVENTION OF INFRACTIONS
Article 48. Measures for the individual prevention of infractions
1. Measures for the individual prevention of infractions shall be applied for systematic and targeted influence on the legal consciousness and behavior of a person or a limited circle of persons in order to prevent the commission of infractions by them, as well as to eliminate the causes and conditions contributing to the commission thereof.
2. Measures for the individual prevention of infractions shall be applied by authorized persons of state bodies, as well as by authorized persons of state organizations, in accordance with this Law.
3. Measures for the individual prevention of infractions shall be:
1) preventive conversation;
2) official warning;
3) restraining order;
4) administrative penalty;
5) registration of persons (families) in difficult life situations;
6) organization of social adaptation and social rehabilitation of persons who find themselves in a difficult life situation;
7) preventive restriction on freedom of movement;
8) an application for the elimination of the causes and conditions that contribute to the commission of offenses;
9) compulsory measures of a medical nature;
10) preventive registration and control;
11) pedagogical support for minors requiring enhanced attention;
12) protective order;
13) establishment of special requirements for the conduct of the offender;
14) establishment of administrative supervision;
15) referral to special educational organizations and educational organizations with a special custodial regime;
16) Measures of educational influence;
17) deprivation or restriction of parental rights, annulment of child adoption, release and removal of guardians and trustees from the performance of their duties, early termination of the agreement on the transfer of a child to a foster carer for upbringing;
18) provision of psychological assistance.
4. A decision on the application of individual Prevention of infractions measures may be appealed by interested persons in accordance with the procedure established by the laws of the Republic of Kazakhstan.
5. Upon the expiration of the period of preventive registration, the competent state body may petition the body that imposed the restrictions or obligations to extend the individual Prevention of infractions measures.
6. The application of individual Prevention of infractions measures shall be carried out in accordance with this Law and other laws of the Republic of Kazakhstan.
Article 49. Grounds and justification for taking measures for the individual prevention of infractions
1. The grounds for taking measures for the individual prevention of infractions shall be the following circumstances:
1) reports or statements of individuals and legal entities, as well as reports in the mass media;
2) direct discovery by an authorized official of the fact of commission of an infraction or threat of commission of an infraction;
3) materials received from state bodies and the bodies of local self-government.
2. Statements and reports on the commission of an infraction or the threat of its commission shall be reviewed by state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
3. The justification for the application of measures for the individual prevention of infractions shall be the existence of sufficient data indicating:
1) an act (action or inaction) of a person that creates conditions for the commission of an infraction;
2) antisocial behavior of a person;
3) a judicial act that has entered into legal force.
Article 50. Preventive conversation
1. The main tasks of a preventive conversation shall be the prevention, identification of the causes and conditions of antisocial behavior and the commission of infractions, explanation of their social and legal consequences, and persuasion of the need for law-abiding behavior.
2. A preventive conversation shall be conducted by an authorized person of state bodies or state organizations.
3. A person with whom a preventive conversation is conducted shall be warned of the necessity to refrain from unlawful actions.
4. A preventive conversation shall be conducted in the official premises of prevention of infractions subjects, at the place of residence, study, work, or directly at the place of detection of the infraction, as well as in an online format, and shall not last more than one hour.
5. A preventive conversation with a minor shall be conducted in the presence of his/her legal representatives or teachers.
Article 51. Official warning
1. An official warning shall be a written instruction of an authorized person of a state body or state organization to a natural person regarding the inadmissibility of continuing antisocial behavior or eliminating the causes and conditions for the commission of an infraction.
2. An official warning shall be issued against signature to the person, and in the event of refusal to sign, a corresponding entry shall be made therein.
The official responsible for implementing individual Prevention of infractions shall have the right to notify the employer (administration) at the place of work (study) or the civil self-government body at the place of residence of the person to whom the official warning was issued.
3. A copy of the warning shall be sent to the prosecutor within twenty-four hours after its issuance.
4. A person against whom an official warning has been issued shall be placed on preventive registration by the competent state bodies.
5. The validity period of an official warning shall be thirty days from the moment it is served on the person against whom it was issued.
6. During the validity period of the official warning, authorized persons of state bodies or state organizations shall monitor compliance therewith no less than twice a month.
7. Violation of an official warning shall entail liability established by the Code of the Republic of Kazakhstan on Administrative Infractions.
Article 52. Restraining order
1. A restraining order shall consist of restricting a suspect, accused, or defendant from seeking out, pursuing, visiting, making telephone calls, or communicating by other means with the victim and other persons involved in the case, in order to protect them.
2. The grounds and procedure for applying a restraining order shall be regulated by the Criminal Procedure Code of the Republic of Kazakhstan.
Article 53. Administrative penalty
1. An administrative penalty shall be a measure of state coercion applied, for the commission of an administrative infraction, by a judge, bodies (officials) authorized to do so by the law of the Republic of Kazakhstan, and shall consist of the deprivation or restriction of the rights and freedoms of the person who committed such an infraction, as provided for by the Code of the Republic of Kazakhstan on Administrative Infractions.
An administrative penalty shall be applied for the purpose of educating the person who committed the infraction in the spirit of compliance with the requirements of the legislation of the Republic of Kazakhstan and respect for the legal order, as well as for preventing the commission of new infractions both by the offender himself or herself and by other persons.
2. The grounds, purposes, time limits and procedure for administrative penalties shall be regulated by the Code of the Republic of Kazakhstan on Administrative Infractions.
Article 54. Registration of persons (families) in difficult life situations
1. The registration of persons (families) in difficult life situations shall be carried out by family support centers for the informational support of the activities of interested state bodies.
2. The grounds for maintaining the registration of persons (families) in difficult life situations shall be determined by the Social Code of the Republic of Kazakhstan.
3. The procedure and time limits for maintaining the registration of persons (families) in difficult life situations shall be determined by the competent authority in the field of state family policy.
Article 55. Organization of social adaptation and rehabilitation of persons (families) in difficult life situations
1. The organization of social adaptation and rehabilitation of persons (families) in difficult life situations shall be carried out in accordance with an individual assistance plan for the person (family) in a difficult life situation, by authorized entities for prevention of infractions.
2. The organization of social adaptation and rehabilitation of persons (families) in difficult life situations shall be determined in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Article 56. Preventive restriction on freedom of movement
1. Preventive restriction on freedom of movement shall be an individual prevention measure in respect of:
1) persons who do not have a fixed place of residence and (or) identity documents, in the absence of signs of criminal or administrative infractions in their actions and the impossibility of establishing the identity of such persons by other means;
2) foreigners and stateless persons subject to compulsory expulsion on the basis of a judicial act that has entered into legal force, as well as those who have not left the territory of the Republic of Kazakhstan within the period specified in the judicial act on expulsion.
2. Preventive restriction on freedom of movement shall be applied by internal affairs bodies with the sanction of the court and shall consist of the temporary isolation of the persons specified in paragraph 1 of this Article in a special institution of the internal affairs bodies for a period of up to thirty days.
3. The procedure and conditions for applying preventive restriction on freedom of movement, as well as the grounds for release from a special institution of the internal affairs bodies, shall be determined by the legislation of the Republic of Kazakhstan.
Article 57. Statutory notice on elimination of causes and conditions contributing to the commission of infractions
1. In the event that the causes and conditions contributing to the commission of infractions are identified, the authorized person of a state body shall send a statutory notice on their elimination to the head or official of the relevant organization.
2. The head or official of the relevant organization shall take measures to eliminate the causes and conditions contributing to the commission of infractions and, within one month from the date of receipt of the statutory notice, shall be obliged to send, in writing, information on the results of the consideration of the statutory notice and the measures taken to the state body.
3. Failure by the head of an organization or other persons to report on the measures taken, as well as failure to take measures to eliminate the causes and conditions contributing to the commission of criminal or administrative infractions, following statutory notices of the bodies (officials) that examined the case, shall entail liability established by the Code of the Republic of Kazakhstan on Administrative Infractions.
Article 58. Compulsory measures of a medical nature
1. Compulsory measures of a medical nature shall be applied by a court decision in respect of a person with mental and behavioral disorders (diseases) associated with the use of psychoactive substances, who has committed a criminal infraction and has been recognized as needing treatment.
2. Referral for compulsory treatment to organizations providing medical care in the field of mental health to persons with mental and behavioral disorders (diseases) shall not entail a criminal record.
3. The procedure for the application of compulsory measures of a medical nature and their execution shall be determined by the laws of the Republic of Kazakhstan.
Article 59. Preventive registration and control
1. Preventive registration and control are intended for information support of the activities of state bodies.
2. The following persons shall be placed on preventive registration by authorized state bodies:
1) a person against whom a protective order has been issued;
2) a person for whom special requirements for conduct have been established;
3) a person in respect of whom a decision on parole from serving a sentence of imprisonment has been made;
4) a person for whom administrative supervision has been established;
5) a person against whom an official warning has been issued;
6) a person to whom a punishment not related to isolation from society or other measures of criminal law influence have been applied;
7) parents and legal representatives of minors who fail to fulfill their duties in raising, educating, and (or) supporting minors, as well as those who negatively influence their behavior;
8) neglected and homeless minors;
9) graduates of special educational organizations and educational organizations with a special regime of detention;
10) minors abusing alcoholic beverages, narcotic drugs, psychotropic substances, their analogues, and other potent substances that negatively affect human mental and physical functions and behavior;
11) minors against whom educational influence measures have been applied;
12) minors released from institutions of the penal execution (penitentiary) system;
13) minors released from criminal liability or punishment for committing criminal infractions on the grounds of paragraphs 3), 4), 9), 10), and 12) of part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, including as a result of an act of amnesty or pardon;
14) minors who have committed acts containing elements of a criminal infraction but are not subject to criminal liability due to failure to reach the age of criminal responsibility or due to mental retardation not associated with a mental disorder;
15) minors accused or suspected of committing criminal infractions for whom preventive measures not related to detention on remand have been chosen.
Other grounds for placing persons on preventive registration may be provided for by the laws of the Republic of Kazakhstan.
3. Persons who have committed economic infractions shall be placed on preventive registration by the economic investigation service.
4. Upon placement on preventive registration, the person (legal representative) shall be explained his/her rights and obligations, as well as the liability established by the laws of the Republic of Kazakhstan.
5. Placement on preventive registration may be appealed by interested persons in accordance with the procedure established by the laws of the Republic of Kazakhstan.
6. Information contained in preventive registration may be used exclusively within the scope of solving tasks related to Prevention of infractions.
7. Preventive registration shall be carried out during the period of validity of individual preventive measures for infractions.
8. Preventive registration shall be terminated:
1) early, if it is established that the person prone to committing an infraction has embarked on the path of correction and is characterized positively at the place of residence or place of work;
2) upon expiration of the term of individual preventive measures for infractions, if there are no grounds for its extension;
3) in connection with the conviction of a person prone to committing an infraction to imprisonment;
4) connection with a minor reaching the age of eighteen;
5) in connection with death.
9. Preventive registration may be extended taking into account the individual characteristics of the person prone to committing an infraction, the nature and degree of his/her antisocial behavior, and the danger of the act (action or inaction) committed, until the likelihood of committing an infraction is eliminated.
10. Preventive control shall be carried out during the period of preventive registration over a person prone to committing infractions and shall consist of systematic observation of:
1) compliance with established restrictions and fulfillment of assigned duties by a person on preventive registration;
2) the behavior of minors, parents, and legal representatives of minors who fail to fulfill their duties in raising, educating, and (or) supporting minors, as well as those who negatively influence their behavior.
The rights and obligations of these persons, as well as the procedure for exercising preventive control over them, shall be determined by this Law and other laws of the Republic of Kazakhstan.
The frequency of preventive control shall be determined based on an assessment of the likelihood of committing an infraction, unless otherwise provided by this Law.
11. Preventive registration and control in respect of minors shall be carried out in accordance with Article 82 of this Law.
12. Authorized state bodies shall have the right to use electronic tracking means to exercise proper control and obtain information about the location of a person on preventive registration.
13. The maintenance of preventive registration shall be carried out in accordance with the procedure determined by authorized state bodies.
Article 60. Protective order
1. In order to ensure the safety of the victim, in the absence of grounds for administrative detention in accordance with the procedure provided for by the Code of the Republic of Kazakhstan on Administrative Infractions, or detention in accordance with the procedure provided for by Article 128 of the Criminal Procedure Code of the Republic of Kazakhstan, based on the fact of commission of unlawful acts, a protective order shall be issued by heads of territorial police bodies, their deputies, local police inspectors, juvenile local police inspectors, and domestic violence control inspectors. The protective order shall be delivered for execution against signature to the person who committed violence or from whom the threat of its commission emanates. In case of refusal to sign, a note to that effect shall be made in the protective order.
A copy of the protective order shall be provided to the victim against signature on the day of its issuance, along with an explanation of his/her rights and the legal consequences in case of violation of the protective order by the person against whom it was issued.
2. A protective order shall be issued in respect of a sane person who has reached the age of sixteen at the time of its issuance.
3. The protective order shall prohibit the commission of violence, searching for, pursuing, visiting the victim against his/her will, conducting oral or telephone conversations, and entering into contact with him/her by other means, including with minor and (or) incapacitated members of his/her family.
4. The protective order shall indicate: the time and place of its issuance, by whom and in respect of whom it was issued, the place, time, and circumstances of the commission or threat of violence, the established restrictions in relations with the victim, the legal consequences in cases of continuation of unlawful actions and violation of the protective order, and the right to appeal in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Notification (notice) of the issued protective order shall be sent by registered mail with return receipt requested, by phone message or telegram, by text message to a mobile subscriber number or to an email address, or using other means of communication that ensure recording of the notice or summons.
5. The term of validity of a protective order shall be thirty days from the moment of its delivery to the person against whom it was issued. The frequency of checks shall be at least once every seven calendar days.
6. Violation of a protective order shall entail liability established by the Code of the Republic of Kazakhstan on Administrative Infractions.
7. The person against whom a protective order has been issued shall be placed on preventive registration by the internal affairs bodies and preventive control shall be exercised over him/her.
Article 61. Establishment of special requirements for the conduct of an offender
1. A court may establish special requirements for the conduct of an offender in order to prevent the commission of new infractions by this person.
2. The establishment of special requirements for the conduct of an offender is a measure of criminal law or administrative law influence and shall be applied when imposing a punishment or when releasing from criminal liability or punishment, as well as alongside the imposition of an administrative penalty or instead of it when releasing a person who has committed an administrative infraction from administrative liability.
3. The procedure for establishing special requirements for the conduct of an offender, the terms of its validity, the list of restrictions, and the rights and obligations shall be determined by the Penal Code of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan on Administrative Infractions.
4. Violation of special requirements for the conduct of an offender shall entail liability established by the Code of the Republic of Kazakhstan on Administrative Infractions.
5. A person against whom special requirements for conduct have been established shall be placed on preventive registration by the internal affairs bodies and preventive control shall be exercised over him/her.
Article 62. Application of punishment not related to isolation from society or other measures of criminal law influence
1. Punishment shall be applied to a person who has committed a criminal infraction for the purpose of restoring social justice, as well as correcting the convicted person and preventing the commission of new criminal infractions by both the convicted person and other persons.
Punishment shall not aim to cause physical suffering or humiliate human dignity.
2. A person against whom a punishment not related to isolation from society has been applied shall be placed on preventive registration by the internal affairs bodies and preventive control shall be exercised over him/her.
3. The procedure and conditions for the execution of a punishment not related to isolation from society or other measures of criminal law influence shall be determined by the Penal Code of the Republic of Kazakhstan and the Penal Execution Code of the Republic of Kazakhstan.
4. Violation of the conditions for the execution of a punishment not related to isolation from society shall entail liability provided for by the laws of the Republic of Kazakhstan.
Article 63. Parole from serving a sentence of imprisonment
1. A person serving a sentence of imprisonment may, on the grounds of Article 72 of the Penal Code of the Republic of Kazakhstan, be released on parole by a court if the court recognizes that he/she does not need to serve the full imposed sentence for his/her correction.
2. For a person released on parole from serving a sentence of imprisonment, probation control shall be established by the court for the remaining unserved portion of the sentence in accordance with the rules of part two of Article 44 of the Penal Code of the Republic of Kazakhstan. When applying parole, the person shall also be assigned the duties provided for by the Penal Execution Code of the Republic of Kazakhstan.
3. A person released on parole from serving a sentence of imprisonment shall be placed on preventive registration by the internal affairs bodies for the term of the unserved portion of the sentence and preventive control shall be exercised over him/her.
In the case of parole from serving a sentence of a person sentenced to life imprisonment, probation control shall be established for a term of ten years.
4. Control over the conduct of a person released on parole from serving a sentence shall be exercised by officers of the internal affairs bodies at his/her place of residence in accordance with the procedure determined by the authorized body in the field of penal execution activities.
Article 64. Administrative supervision
1. Administrative supervision is a form of preventing recidivist crime, exercised on the basis of a judge’s ruling by internal affairs bodies as a compulsory measure consisting of establishing observation over the conduct of persons released from institutions of the penal execution (penitentiary) system, in respect of whom restrictions determined by the laws of the Republic of Kazakhstan have been established.
2. Administrative supervision shall be established in respect of persons sentenced to imprisonment:
1) for crimes of minor or medium gravity – for three years after serving the punishment;
2) for grave crimes – for six years after serving the punishment;
3) for especially grave crimes – for eight years after serving the punishment.
3. In cases where a person under administrative supervision violates the rules of administrative supervision or the restrictions declared to him/her, or commits infractions, the term of the established administrative supervision shall be extended by a judge’s ruling upon a reasoned submission from the internal affairs bodies by six months each time.
4. The grounds for establishing administrative supervision shall be:
1) a court sentence that has entered into legal force in respect of the persons specified in paragraph 2 of this Article;
2) materials from the internal affairs bodies in respect of the persons specified in paragraph 3 of this Article.
Article 65. Procedure for establishing administrative supervision
1. Administrative supervision shall be established in a court hearing:
1) at the location of the institution of the penal execution (penitentiary) system, upon a submission from the head of the institution;
2) at the place of residence of the person released from the institution of the penal execution (penitentiary) system, upon a reasoned submission from the head of the internal affairs body.
The court ruling shall be sent for execution to the head of the institution of the penal execution (penitentiary) system or to the head of the district (city) internal affairs body at the place of residence of the person against whom administrative supervision has been established.
Court rulings on the establishment, extension of the term, or modification of the restrictions of administrative supervision shall be announced against signature to the person under administrative supervision by the head of the internal affairs body, and to a person located in an institution of the penal execution (penitentiary) system – by the head of the institution. In doing so, the person under administrative supervision shall be explained his/her duties and liability for violating the rules of administrative supervision, and the person for whom administrative supervision was established before release from the institution of the penal execution (penitentiary) system – liability for failure to arrive at the chosen place of residence within the specified period.
A judge’s ruling on the establishment of administrative supervision may be revoked or amended upon the motion of a prosecutor or directly by a higher court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
2. In respect of persons for whom administrative supervision is being established, the following restrictions in the form of prohibitions may be applied in full or separately, depending on lifestyle, behavior in the family and at the place of residence, and other circumstances characterizing the personality of the person under administrative supervision:
1) leaving the dwelling at times specified by the internal affairs bodies;
2) being in places specified by the internal affairs bodies in the district (city);
3) traveling outside the district (city) without the permission of the internal affairs bodies exercising supervision;
4) searching for, visiting, conducting telephone conversations, and communicating by other means with minors without the consent of their parents or legal representatives;
5) consuming alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues.
The list of restrictions for a person under administrative supervision may be reduced or supplemented by a judge upon a reasoned submission from the internal affairs body, taking into account his/her lifestyle and conduct, but within the limits of the restrictions provided for by this paragraph.
3. A person under administrative supervision shall be obliged to:
1) comply with the restrictions established in respect of him/her provided for by this Law;
2) appear upon summons to the internal affairs bodies at the specified time, provide oral and written explanations on issues related to the execution of the rules of administrative supervision;
3) notify within twenty-four hours the officers of the internal affairs body exercising administrative supervision of a change of place of work and residence, as well as of travel outside the district (city) for official or personal matters;
4) when traveling to another locality with the permission of the internal affairs body and staying there for more than one day, register with the local internal affairs body for control over his/her conduct;
5) not leave the territory of the Republic of Kazakhstan until the expiration of the term of administrative supervision.
4. A person under administrative supervision shall have the right to:
1) review in court the case materials regarding the establishment of administrative supervision and the application of restrictions;
2) give explanations, present evidence;
3) file motions for early termination of administrative supervision (in the presence of a positive reference from the institution of the penal execution (penitentiary) system or a positive reference from the place of residence or place of work), as well as for the revocation of the restrictions established in respect of him/her or for a short-term departure from his/her permanent place of residence;
4) familiarize in the internal affairs body with the ruling on the termination of administrative supervision.
5. A person under administrative supervision who violates the rules of administrative supervision or the restrictions established in respect of him/her shall be held liable in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Article 66. Procedure for exercising administrative supervision
1. Before the release from an institution of the penal execution (penitentiary) system of a person for whom administrative supervision has been established, the administration of the institution shall send to the internal affairs body at the place of residence chosen by the person the court ruling, relevant reference materials, and a notice of the time of his/her arrival.
In the event of non-arrival at the chosen place of residence of the person for whom administrative supervision has been established, the internal affairs body shall conduct initial measures to establish his/her whereabouts and the reasons for non-arrival.
If the whereabouts of the person for whom administrative supervision has been established are not determined, the internal affairs body shall initiate a pre-trial investigation and place him/her on the wanted list with the selection of a preventive measure.
2. A person against whom administrative supervision has been established shall be placed on preventive registration by the internal affairs bodies and preventive control shall be exercised over him/her.
3. Officers of the internal affairs bodies, when exercising administrative supervision, shall be obliged to:
1) after placing the person under administrative supervision on registration, ensure his/her appearance at local executive bodies for the provision of social and legal assistance and send to them a copy of the court ruling on the establishment of administrative supervision;
2) systematically observe the conduct of the person under administrative supervision at his/her place of residence and place of work;
3) prevent and suppress violations by the person under administrative supervision of public order, the rights and legitimate interests of individuals and citizens;
4) draw up, in accordance with the established procedure and cases, a protocol on an administrative infraction for violation of the rules of administrative supervision and send it to the court for consideration.
4. When exercising administrative supervision, officers of the internal affairs bodies shall have the right to:
1) request and receive information on the conduct of the person under administrative supervision from the administration of an organization, regardless of its form of ownership, at his/her place of work and residence, as well as from individuals;
2) summon the person under administrative supervision for a preventive interview to the internal affairs bodies, conduct a preventive interview in the presence of his/her relatives with their consent;
3) demand from the person under administrative supervision oral and written explanations on issues related to the execution of the rules of administrative supervision;
4) enter the dwelling of the person under administrative supervision at any time of the day for the purpose of observing his/her conduct and compliance with the established restrictions, provided that inspection or search shall not be permitted except in the cases and in accordance with the procedure established by the laws of the Republic of Kazakhstan;
5) use electronic tracking means to exercise administrative supervision and obtain information about the location of the person under administrative supervision. The procedure for the use of electronic tracking means and the organization of the activities of internal affairs bodies for the exercise of administrative supervision shall be determined by the authorized body in the field of penal execution activities.
5. Administrative supervision shall be terminated on the grounds specified in paragraph 9 of Article 59 of this Law.
Upon termination of administrative supervision in the cases provided for by subparagraphs 2), 3), and 5) of paragraph 9 of Article 59 of this Law, an officer of the internal affairs body exercising administrative supervision shall issue a ruling, which shall be approved by the head of the internal affairs body.
Upon early termination of administrative supervision in the case provided for by subparagraph 1) of paragraph 9 of Article 59 of this Law, the head of the internal affairs body shall send a reasoned submission to the court, which shall be considered within ten days.
The ruling of a judge or internal affairs body on the termination of administrative supervision shall be announced to the person against signature.
Article 67. Measures of educational influence
1. Measures of educational influence shall be applied to a minor by a court decision and in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
2. The court may impose the following measures of educational influence:
1) a warning;
2) explanation of the law;
3) imposition of an obligation to remedy the harm caused;
4) restriction of leisure time and establishment of special requirements for the minor's conduct;
5) transfer under the supervision of parents or persons in loco parentis, or a specialized state body;
6) placement in an educational organization with a special regime of detention;
7) imposition of an obligation to apologize to the victim;
8) establishment of probation control.
Article 68. Deprivation or restriction of parental rights, revocation of child adoption, release and removal of guardians and trustees from the performance of their duties, early termination of the agreement on the transfer of a child for upbringing to a foster carer
1. Deprivation or restriction of parental rights, revocation of child adoption, release and removal of guardians and trustees from the performance of their duties, early termination of the agreement on the transfer of a child for upbringing to a foster carer shall be aimed at ensuring the safety and well-being of the child, preventing harm to his/her interests and health, and creating conditions for his/her harmonious development.
2. The procedure for deprivation or restriction of parental rights, revocation of child adoption, release and removal of guardians and trustees from the performance of their duties, early termination of the agreement on the transfer of a child for upbringing to a foster carer shall be determined by the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and the Family" and the Civil procedural code of the Republic of Kazakhstan.
Article 69. Provision of psychological assistance
1. Psychological assistance to persons prone to committing infractions, as well as to victims, shall be aimed at assisting a person in preventing and resolving psychological problems, developing self-control and emotional management, overcoming difficult life and crisis situations and their consequences, and shall contribute to the maintenance of mental and somatic health, the optimization of psychological development, adaptation, and the improvement of quality of life in the context of forming law-abiding behavior.
2. The provision of psychological assistance shall include assessing a person's psychological state, providing emotional support, and developing and implementing individual or group therapeutic programs aimed at resolving specific psychological problems or achieving personal growth.
Persons who have been ordered by a court, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to undergo psychological assistance shall be obliged to:
1) attend all courses;
2) observe confidentiality measures and respect the rights of other course participants;
3) comply with ethical standards and rules of conduct, as well as the requirements and recommendations established by the course organizers.
3. Organizations providing assistance shall:
1) receive victims and persons prone to committing infractions;
2) organize the provision of necessary psychological assistance, and, if necessary, refer such persons to healthcare organizations for medical assistance and further rehabilitation;
3) conduct voluntary psychocorrectional programs with persons who have committed an infraction;
4) inform internal affairs bodies of acts of violence or of the threat of their commission;
5) cooperate with individuals and legal entities on issues of prevention of infractions.
The assistance provided for in this Article shall be rendered regardless of place of residence.
4. Organizations providing assistance shall be established by local executive bodies, as well as by individuals and legal entities, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
5. Financing of the activities of organizations providing assistance shall be carried out from budgetary funds and other sources not prohibited by the legislation of the Republic of Kazakhstan.
Chapter 6. SPECIAL MEASURES FOR PREVENTION OF INFRACTIONS
Article 70. Special measures for prevention of infractions
1. Special measures for prevention of infractions shall be aimed at preventing specific types of infractions and eliminating the causes and conditions conducive to the commission of such types of infractions.
2. The basis for applying special measures for prevention of infractions shall be the emergence of challenges and threats that encroach upon public safety and public order, the interests of the person and citizen, society, and the state.
3. Special measures for prevention of infractions shall include:
1) organizing and conducting scientific and sociological research on prevention of infractions issues;
2) developing programs and methodologies aimed at improving the activities of state bodies and organizations in Prevention of infractions;
3) measures for victimological prevention of infractions;
4) identifying and eliminating the causes and conditions contributing to the formation of antisocial behavior among specific social groups of the population;
5) summarizing and disseminating positive experience of subjects of prevention of infractions;
6) organizing and conducting preventive measures.
Article 71. Measures for victimological prevention of infractions
Measures for victimological prevention of infractions shall include:
1) conducting preventive measures with respect to victims of infractions, taking into account the individual, gender, and socio-psychological characteristics of the person;
2) teaching the population, including victims of infractions, methods of resolving interpersonal conflicts;
3) taking measures to identify and protect victims of infractions;
4) establishing organizations to provide assistance to victims of infractions;
5) developing and implementing special comprehensive measures aimed at ensuring the physical and psychological safety of the victim of an infraction, informing him or her of the methods and means of self-defense provided for by the laws of the Republic of Kazakhstan;
6) systematic monitoring of places (territories) where antisocial behavior or infractions are relatively often observed;
7) legal education and training of the population by disseminating information on protective measures in the event of an attack;
8) organizing telephone helplines, "hotlines", and rescue services within the body or institution directly carrying out Prevention of infractions, for the purpose of obtaining information about antisocial behavior, or about pending, ongoing, or completed infractions;
9) organizing websites, blogs, chats, and disseminating videos on the Internet for the purpose of organizing broad public discussion of draft prevention programs and measures, and identifying and eliminating problems and shortcomings during their implementation;
10) conducting victimological studies aimed at identifying the scale and factors of victimization, the quality of services provided by state bodies and other subjects of prevention of infractions to victims of infractions, and improving, based on the results of victimological studies, the activities of state bodies and other subjects of prevention of infractions;
11) disseminating literature on modern methods of victimological prevention of infractions;
12) taking other measures provided for by the legislation of the Republic of Kazakhstan.
Article 72. Specifics of domestic violence
1. Domestic violence may be expressed in the form of physical, psychological, sexual, and (or) economic violence.
2. For the purpose of early identification of domestic violence, local executive bodies shall establish mobile groups.
Information on persons (families) in difficult life situations shall be sent to family support centers, where they shall be provided with assistance in the form of social, legal, and psychological support.
Victims of domestic violence shall be given the opportunity to receive special social services or psychological assistance, including temporary accommodation for a period of up to one month.
3. Internal affairs bodies shall:
1) take legal measures for an immediate response to every report or application from citizens regarding an incident of domestic violence;
2) within twenty-four hours, notify interested subjects of prevention of infractions of the incident of domestic violence;
3) ensure public order when victims remove personal hygiene items, seasonal clothing, and identity documents from the dwelling shared with the offender.
4. For the purpose of victimological prevention of domestic violence, local executive bodies shall develop territorial programs and action plans for socio-economic support of persons (families) in difficult life situations.
Once every six months, at meetings of regional interdepartmental commissions on prevention of infractions, an assessment shall be made of the effectiveness of early identification and organization of support for persons (families) in difficult life situations.
Based on the results of the review, appropriate changes shall be made to the territorial programs and action plans for socio-economic support of persons (families) in difficult life situations.
On problematic issues, information shall be sent to the working body for submission to a meeting of the interdepartmental commission on prevention of infractions under the Government of the Republic of Kazakhstan.
5. For the purpose of domestic violence prevention, local executive bodies shall implement the activities of the individual assistance plan for a person (family) in a difficult life situation, regarding assistance in employment and (or) social adaptation, drawn up by the career center jointly with the person applying for targeted social assistance and (or) with his/her family members.
6. Organizations providing assistance shall provide assistance in the social adaptation and rehabilitation of victims of domestic violence, as well as psychological assistance to persons prone to committing infractions.
7. At meetings of regional interdepartmental commissions on prevention of infractions, an assessment shall be made of the effectiveness of measures taken by authorized state bodies for domestic violence prevention.
8. Coordination of state bodies on domestic violence prevention issues shall be entrusted to the authorized body in the field of state family policy.
9. Subjects of prevention of infractions shall have the right to implement other measures for domestic violence prevention provided for by the legislation of the Republic of Kazakhstan.
Article 73. Specifics of recidivism prevention
1. For the purpose of recidivism prevention, internal affairs bodies shall conduct the following special measures:
1) identifying and eliminating the causes and conditions for the commission of infractions among persons released from institutions of the penal (penitentiary) system and persons sentenced to punishments not related to deprivation of liberty;
2) preventive registration and monitoring of persons with an unexpunged or outstanding conviction, as provided for in Article 79 of the Criminal Code of the Republic of Kazakhstan;
3) establishment of criminal law measures;
4) establishment of administrative supervision;
5) implementation of probation control;
6) use of electronic monitoring devices;
7) preparing persons serving sentences in institutions of the penal (penitentiary) system for their social rehabilitation and social adaptation;
8) implementing measures to counteract the influence of criminal subculture on convicted persons serving sentences of imprisonment in institutions of the penal (penitentiary) system;
9) lifelong registration of persons who have served sentences for crimes against the sexual integrity of minors;
10) implementing other measures provided for by the legislation of the Republic of Kazakhstan.
2. Coordination of the activities of state bodies on recidivism prevention issues shall be entrusted to internal affairs bodies.
Article 74. Specifics of prevention of infractions committed in a state of intoxication
1. For the purpose of preventing infractions committed in a state of intoxication, subjects of prevention of infractions, within their competence, shall conduct the following special measures for:
1) identifying, registering, and rehabilitating persons with mental and behavioral disorders (illnesses) associated with the use of psychoactive substances;
2) applying compulsory measures of a medical nature;
3) issuing an official warning to a person under dynamic observation regarding the necessity of undergoing a medical examination for further preventive observation in healthcare organizations;
4) preventing the unlawful storage, trafficking, transportation, sale, and use of narcotic drugs, psychotropic substances, their analogues and precursors, their consumption, as well as the illicit production and sale of alcoholic products;
5) preventing, identifying, and eliminating the causes and conditions of infractions committed in a state of intoxication or under the influence of psychoactive substances;
6) identifying persons consuming alcoholic beverages on streets and in other public places, except for trade and public catering establishments where the sale of alcoholic beverages by the glass is permitted by the local executive body, or persons found in public places in a state of intoxication that offends human dignity and public morality;
7) identifying violations of the requirements of the legislation of the Republic of Kazakhstan regarding the sale of alcoholic products;
8) establishing special requirements for the conduct of an offender or a person who has committed a criminal infraction;
9) implementing other measures provided for by the legislation of the Republic of Kazakhstan.
2. At meetings of regional interdepartmental commissions on prevention of infractions, an assessment shall be made of the effectiveness of measures taken by authorized state bodies for prevention of infractions committed in a state of intoxication.
3. Coordination of the activities of state bodies on issues of prevention of infractions committed in a state of intoxication shall be entrusted to internal affairs bodies.
Article 75. Specifics of prevention of infractions committed in public places
1. Public places shall include:
1) educational and recreational organizations;
2) healthcare organizations;
3) public catering establishments;
4) cinemas, theaters, circuses, concert halls, viewing and exhibition halls, sports arenas, and other enclosed structures intended for mass recreation, including night clubs and discotheques;
5) museums, libraries, and lecture halls;
6) local and long-distance trains, air, sea, and river transport vessels, the interiors of city and intercity buses, route taxis, and city electric transport;
7) buildings of airports, railway, bus, and water terminals, railway station platforms, and subways;
8) premises of state bodies and organizations that do not use an access control system;
9) premises that are workplaces at facilities with access control, used by work collectives for work, in cases of hooliganism;
10) building entrance halls;
11) other places provided for in paragraph 2 of this Article.
2. Public places shall be classified into:
1) permanent places (places with open access at any time: streets, lanes, public gardens, boulevards, embankments, squares, stations, courtyards (except for courtyards of private houses));
2) periodic places (premises intended for servicing and recreation of the population during certain hours: markets, educational and health-improving institutions, recreation areas, cultural, entertainment, and sports facilities, public transport, trade enterprises, passenger carriages, public restrooms).
3. It shall be prohibited to wear clothing items in public places that prevent facial recognition, except where necessary for compliance with the requirements of the laws of the Republic of Kazakhstan, official (job, labor) duties, for medical purposes, civil protection, due to weather conditions, as well as for persons directly participating in sporting, mass sports, and mass cultural events.
4. For the purpose of preventing infractions committed in public places, the following special measures shall be conducted for:
1) installing video surveillance cameras;
2) increasing the presence of internal affairs bodies or security guards;
3) organizing public patrols;
4) conducting preventive talks and public awareness campaigns;
5) systematic monitoring of places (territories) where antisocial behavior or infractions are relatively often observed;
6) implementing other measures provided for by the legislation of the Republic of Kazakhstan.
5. At meetings of regional interdepartmental commissions on prevention of infractions, an assessment shall be made of the effectiveness of measures taken by authorized state bodies for prevention of infractions committed in public places.
6. Coordination of state bodies on issues of prevention of infractions committed in public places shall be entrusted to internal affairs bodies.
Article 76. Specifics of prevention of economic infractions
1. Monitoring of intra-departmental risks conducive to the commission of economic infractions shall include the identification of intra-departmental risks:
1) in legal and other acts of state bodies and organizations, and subjects of the quasi-public sector;
2) in the organizational and managerial activities of state bodies, organizations, and subjects of the quasi-public sector.
2. The economic investigations service shall have the right to engage specialists or experts possessing specialized knowledge to conduct the monitoring of intra-departmental risks.
The procedure for conducting monitoring of intra-departmental risks conducive to the commission of economic infractions shall be approved by a regulatory legal act of the authorized body for financial monitoring.
3. Based on the results of monitoring intra-departmental risks, the economic investigations service shall submit recommendations to state bodies, organizations, and subjects of the quasi-public sector.
4. State bodies, organizations, and subjects of the quasi-public sector shall take measures to eliminate intra-departmental risks that contributed to the commission of economic (financial) infractions.
5. Preventive registration shall be used to implement individual and victimological measures for prevention of economic (financial) infractions.
6. The procedure for inclusion in the register of individuals and legal entities associated with unlawful activities in the sphere of economic infractions shall be approved by a regulatory legal act of the authorized body for financial monitoring.
The register of individuals and legal entities associated with unlawful activities in the sphere of economic infractions shall be used for prevention and to inform society and entrepreneurs about existing risks and threats in the sphere of economic infractions.
Article 77. Specifics of prevention of child neglect, homelessness, and juvenile delinquency
The special measures for prevention of child neglect, homelessness, and juvenile delinquency shall be:
1) development of programs and methodologies aimed at improving the activities of state bodies for prevention of delinquency, neglect, and homelessness among minors, violence and cruelty, harassment (bullying) against minors, and their social rehabilitation;
2) study of issues of juvenile delinquency, child neglect and homelessness, as well as violence and cruelty, harassment (bullying) against minors, and organization of sociological research on such issues;
3) consolidation and dissemination of positive work experience of subjects of prevention of infractions in Prevention of neglect and homelessness among minors, violence and cruelty against minors, providing them with methodological and practical assistance;
4) provision of special social services to minors;
5) transfer of a minor who has not reached the age of criminal responsibility and has committed a criminal infraction, as well as a minor being sent to an educational organization with a special detention regime, to the parents or legal representatives of the minor prior to the entry into force of a court decision.
Article 78. Pedagogical support for minors requiring increased attention
1 Educational organization shall organize work with learners and pupils requiring increased attention within the framework of pedagogical support.
2. The following minors shall be subject to pedagogical support:
1) those failing in academic subjects;
2) neglected, homeless minors, those engaged in vagrancy, begging;
3) those grossly or repeatedly violating the charter and (or) internal regulations of the educational organization;
4) those systematically missing classes without a valid reason for four days or more within one month;
5) those who have committed an administrative and (or) criminal infraction;
6) those using alcoholic beverages, energy drinks, psychoactive substances, electronic consumption systems (vapes), tobacco products;
7) those suffering from gambling disorder (ludomania);
8) pregnant minors;
9) those who have been subjected to violence, cruelty, harassment (bullying), or who have witnessed violence;
10) those who have committed violence, cruelty, harassment (bullying);
11) graduates of special educational organizations;
12) graduates of special educational organizations.
3. The issue of assigning pedagogical support to minors requiring special attention shall be considered at a meeting of prevention council of the educational organization with the participation of the minor and his/her legal representatives.
4. In the event of refusal by the legal representatives of pedagogical support for the minor, the educational organization shall transfer the information to the commission on minors’ affairs and protection of their rights for further consideration.
Article 79. Commission on minors’ affairs and protection of their rights
1. The commission on minors’ affairs and protection of their rights shall be a permanent collegial body ensuring the coordination of activities of state bodies and institutions in the field of prevention of delinquency, neglect, and homelessness among minors, and protection of their rights and legitimate interests.
2. An interdepartmental commission on minors’ affairs and protection of their rights shall be established under the authorized body in the field of child rights protection of the Republic of Kazakhstan; regional, city commissions on minors’ affairs and protection of their rights – in the city; district commission – under the relevant local executive body (akimat).
3. If necessary, a commission may be established under the akim of a settlement, village, or rural district located at a considerable distance from the district center. The decision to establish settlement, village, and rural district commissions shall be made by the city or district akimat, and the personal composition shall be approved by the maslikhat of the respective city or district.
4. The commission on minors’ affairs and protection of their rights shall be formed consisting of a chairperson, deputy chairperson, members of the commission, and a secretary.
The chairperson of the commission shall be the deputy akim of the respective administrative-territorial unit, except for settlement, village, and rural district commissions, which shall be headed by the akim of the respective administrative-territorial unit.
The secretary shall hold a staff position in the apparatus of the relevant state body.
It shall be prohibited to assign any other functional duties to the secretary.
5. The commission shall include deputies of the respective maslikhats, representatives of internal affairs bodies, education, culture, healthcare, justice, the authorized body for employment issues, bodies performing guardianship or trusteeship functions, family support centers, regional child rights ombudspersons of the Republic of Kazakhstan, regional representatives of the human rights ombudsperson, psychologists, public and other organizations interested in Prevention of delinquency, neglect, and homelessness among minors.
6. The commissions on minors’ affairs and protection of their rights, within their competence, shall:
1) implement measures for the protection and restoration of the rights and legitimate interests of minors, identification and elimination of causes and conditions contributing to neglect, homelessness, delinquency, and antisocial behavior of minors;
2) provide methodological assistance aimed at improving the activities of state bodies for prevention of delinquency, neglect, and homelessness among minors, violence and cruelty against minors, and their social rehabilitation;
3) participate in ensuring control over the conditions of upbringing, education, and maintenance of minors in organizations performing functions for the protection of child rights;
4) coordinate and monitor the activities of lower-level commissions on minors’ affairs and protection of their rights, study issues of juvenile delinquency, child neglect and homelessness, as well as violence, cruelty, harassment (bullying) against minors;
5) assist in the development of a network of organizations performing functions for the protection of child rights, and ensure monitoring of their activities;
6) consolidate and disseminate positive work experience of bodies and organizations engaged in Prevention of delinquency, neglect, and homelessness among minors, provide them with methodological and organizational-practical assistance;
7) hear reports from heads of interested state bodies on the ongoing work on prevention of delinquency, neglect, and homelessness among minors, protection of their rights, and organize mutual exchange of information between them on supervised issues;
8) coordinate the activities of interested bodies in the employment and living arrangements of minors released from institutions of the penal execution (penitentiary) system or returned from special educational organizations and educational organizations with a special detention regime, as well as perform other functions for the social rehabilitation of minors in difficult life situations;
9) consider, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, materials regarding minors who have committed infractions, as well as parents and legal representatives of minors who fail to perform their duties in raising, educating, and maintaining minors or negatively influence their behavior;
10) organize work on the application of measures regarding minors in difficult life situations, jointly with family support centers.
7. The procedure for the establishment and operation of the commissions on minors’ affairs and protection of their rights shall be determined by the authorized body in the field of child rights protection of the Republic of Kazakhstan.
Article 80. Special educational organizations
1. Special educational organizations shall be educational-upbringing institutions and shall be established for the purpose of ensuring upbringing, education, and social rehabilitation of minors aged from eleven to eighteen years who systematically commit infractions entailing administrative measures of influence, who maliciously evade receiving primary, basic secondary, and general secondary education, who systematically commit unauthorized absences from family or educational organizations, or who commit other antisocial behavior.
2. The decision on the expediency of sending minors to special educational organizations shall be made by a court upon application of the body performing guardianship or trusteeship functions, or by an internal affairs body. When considering the issue of sending minors who abuse alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues to special educational organizations, the expediency of ordering them to undergo treatment for a mental or behavioral disorder (disease) associated with the use of psychoactive substances shall be mandatorily studied.
3. A minor may be sent to a special educational organization for a term of six months to one year.
4. The stay of a minor in a special educational organization may be terminated early by a judicial procedure on the basis of a submission by the administration of the institution or the territorial commission on minors’ affairs and protection of their rights, if the court at the location of the special educational organization concludes that the minor no longer needs the application of this measure for his/her correction.
5. The term of stay of minors in special educational organizations, determined by the court, may be extended by the court at the location of the special educational organization in accordance with the procedure established by paragraph 2 of this article, only in the following cases:
1) the need for the minor to complete general education or vocational training, based on a petition of the minor;
2) systematic commission of infractions entailing administrative measures of influence, malicious evasion of receiving secondary education, unauthorized absences from special educational organizations, or commission of other antisocial behavior.
6. In the event that a pupil of a special educational organization commits an act containing signs of a crime before reaching the age of criminal responsibility, he or she may be sent to an educational organization with a special detention regime.
7. When considering the issue of sending minors to special educational organizations, the participation of the prosecutor shall be mandatory.
8. The collection of documents necessary for placing minors in special educational organizations shall be ensured by state bodies that identify and register minors specified in paragraph 2 of this Article.
9. The procedure for sending a minor to a special educational organization shall be determined by the Civil procedural code of the Republic of Kazakhstan.
10. The administration of special educational organizations shall:
1) ensure special conditions for the detention of minors, including the security of the territory of said institution, personal safety of pupils and their maximum protection from negative influence, restriction of free access to the territory of said institution by unauthorized persons and of unauthorized departure of pupils from it, 24-hour admission of minors, observation and control over minors, including during time allotted for sleep, conduct of personal search of minors, their belongings and sleeping premises;
2) ensure that minors receive secondary education in special educational organizations;
3) inform internal affairs bodies at the location of said institution and at the place of residence of minors about facts of their unauthorized departure, and directly participate in their search and return;
4) send to the commission on minors’ affairs and protection of their rights at the minor’s place of residence a notice of his or her release from said institution no later than one month before the end of the term of stay, as well as a character reference for the minor and recommendations on the need for further individual preventive measures and assistance in employment and living arrangements.
11. Within three working days after the minor’s arrival at the place of residence, the local executive body shall be obliged to submit for consideration by the commission on minors’ affairs and protection of their rights the issue of his or her further education and employment, with the development of a further rehabilitation plan.
12. Minors with diseases preventing their detention and education in said organizations shall not be placed in special educational organizations. The list of such diseases shall be approved by the authorized body in the field of healthcare.
13. The procedure for the establishment of special educational organizations and the conditions for the detention of minors therein shall be determined by the regulations on these organizations, approved by the authorized body in the field of education.
14. The decision on the establishment, reorganization, and liquidation of special educational organizations shall be made by local executive bodies in coordination with the authorized body in the field of education.
Article 81. Educational organization with a special detention regime
1. An educational organization with a special detention regime shall be an educational-upbringing institution and shall be established for the purpose of ensuring special conditions of upbringing, education, and social rehabilitation of minors.
2. The following minors aged from eleven to eighteen years who need special conditions of upbringing, education, and require a special pedagogical approach shall be placed in an educational organization with a special detention regime:
1) those who have committed a criminal infraction, in respect of whom the pre-trial investigation was terminated due to failure to reach the age of criminal responsibility or due to reconciliation;
2) in cases where they have been convicted of committing a crime of medium gravity or a serious crime and have been released by the court from criminal responsibility and punishment in accordance with the procedure provided for in Article 83 of the Criminal Code of the Republic of Kazakhstan.
3. The decision on the expediency of sending minors who have not reached the age of criminal responsibility to an educational organization with a special detention regime shall be made by the court upon the submission of the internal affairs body.
The submission on sending a minor specified in subparagraph 1) of paragraph 2 of this article to an educational organization with a special detention regime shall be submitted by the internal affairs bodies to the court within thirty days from the date of issuance of the decision to terminate the criminal case against said minor.
In exceptional cases, this term may be extended to thirty days on the basis of a decision of the internal affairs bodies or the prosecutor.
4. The materials specified in paragraph 3 of this article shall be presented to the minor and his or her legal representatives for review before they are submitted to the court.
The interested persons shall make an appropriate entry in the submitted material regarding their review of said materials.
5. A minor may be sent to an educational organization with a special detention regime for a term of six months to two years.
The grounds for the detention of a minor in an educational organization with a special detention regime shall be:
1) a court decision – with respect to persons specified in subparagraph 1) of paragraph 2 of this Article;
2) a court judgment – with respect to persons specified in subparagraph 2) of paragraph 2 of this Article.
6. The stay of a minor in an educational organization with a special detention regime may be terminated early by a judicial procedure on the basis of a submission by the administration of the institution or internal affairs bodies, if the court at the location of the educational organization with a special detention regime concludes that the minor no longer needs the application of this measure for his or her correction.
7. The term of stay of a minor in an educational organization with a special detention regime, determined by the court, may be extended in accordance with the procedure established by paragraph 3 of this article, only in the following cases:
1) the need for the minor to complete general education or vocational training, with the consent or upon the petition of the minor;
2) commission of an act containing signs of a criminal infraction before reaching the age of criminal responsibility.
8. When considering the issue of sending a minor to an educational organization with a special detention regime, the participation of the prosecutor shall be mandatory.
9. The collection of documents necessary for placing minors in an educational organization with a special detention regime shall be ensured by internal affairs bodies.
10. The procedure for sending minors specified in subparagraph 1) of paragraph 2 of this article to an educational organization with a special detention regime shall be determined by the Civil Procedure Code of the Republic of Kazakhstan.
The procedure for sending minors specified in subparagraph 2) of paragraph 2 of this article shall be determined by the Criminal Procedure Code of the Republic of Kazakhstan.
11. The administration of the educational organization with a special detention regime shall:
1) ensure special conditions for the detention of minors, including the security of the territory of the educational organization with a special detention regime, personal safety of pupils and their maximum protection from negative influence, restriction of free access to the territory of the educational organization with a special detention regime by unauthorized persons and of unauthorized departure of pupils from it, round-the-clock observation and control over minors, including during time allotted for sleep, conduct of personal search of minors, their belongings and sleeping quarters;
2) inform internal affairs bodies at the location of the educational organization with a special detention regime and at the place of residence of minors about facts of their unauthorized departure, and directly participate in their search and return;
3) ensure that minors receive secondary education in the educational organization with a special detention regime;
4) send to the commission on minors’ affairs and protection of their rights and internal affairs bodies at the minor’s place of residence a notice of his or her release from the educational organization with a special detention regime no later than one month before the end of the term of stay, as well as a character reference for the minor and recommendations on the need for further individual preventive work with him or her and assistance in employment and living arrangements.
12. Within three working days after the minor’s arrival at the place of residence, the local executive body shall be obliged to submit for consideration by the commission on minors’ affairs and protection of their rights the issue of his or her further education and employment, with the development of a further rehabilitation plan.
13. Minors with diseases preventing their detention and education in said organizations shall not be placed in an educational organization with a special detention regime. The list of such diseases shall be approved by the authorized body in the field of healthcare.
14. The procedure for the establishment, organization of activities of an educational organization with a special detention regime, and the conditions for the detention of minors therein shall be determined by the regulations on these organizations, approved by the authorized body in the field of education.
15. The decision on the establishment, reorganization, and liquidation of an educational organization with a special detention regime shall be made by local executive bodies in coordination with the authorized body in the field of education.
Article 82. Specifics of the application of measures for the individual prevention of infractions to minors registered on a preventive register
1. Measures for the individual prevention of infractions applied to minors registered on a preventive register shall be aimed at their social rehabilitation, behavior correction, and prevention of repeat infractions.
2. Measures for the individual prevention of infractions shall take into account the following activities:
1) participation in social adaptation and rehabilitation programs aimed at the social integration of minors, development of their social skills, and vocational guidance;
2) psychological support, counseling, individual or group sessions with a psychologist for behavior correction, development of conflict resolution skills, and emotion management;
3) involvement in educational activities – ensuring access to education, vocational training, or additional educational programs to improve knowledge and competencies;
4) involvement in participation in socially useful activities to foster a responsible attitude towards society and develop work skills;
5) application of a mentoring system – appointment of an adult mentor who will accompany the minor, providing support and assistance in social adaptation;
6) restriction of contact with an adverse environment – application of measures aimed at restricting minors’ communication with persons involving them in the commission of infractions;
7) addiction prevention programs – participation in programs aimed at preventing the use of psychoactive substances, alcohol, and tobacco products;
8) family counseling and support – work with the minor’s family to improve intra-family relations and create a favorable environment for upbringing.
These measures shall be applied taking into account the individual characteristics of the minor, the nature and circumstances of the act committed by him or her, and with the aim of minimizing the risk of repeat infraction to the greatest extent possible.
3. With respect to a minor registered on a preventive register, a judge, upon a reasoned submission of the internal affairs body, may establish the following restrictions in full or separately, depending on the minor’s lifestyle, behavior in the family and at the place of residence, and other circumstances characterizing his or her personality:
1) to stay in places within the district (city) designated by internal affairs bodies;
2) to travel outside the district (city) without the permission of the commission on minors’ affairs and protection of their rights;
3) to contact with persons exerting a negative influence on him or her;
4) to consume alcoholic beverages, narcotic drugs, psychotropic substances.
The list of restrictions for a minor may be reduced or supplemented by the judge upon a reasoned submission of the internal affairs body, taking into account his or her lifestyle and behavior.
Chapter 3. FINAL PROVISIONS
Article 83. Liability for violating the legislation of the Republic of Kazakhstan on prevention of infractions
1. Violation of the legislation of the Republic of Kazakhstan on prevention of infractions shall entail liability established by the laws of the Republic of Kazakhstan.
2. Information about private life, personal and family secrets shall not be subject to disclosure.
Disclosure of information about a person’s private life constituting his or her personal or family secret shall entail liability established by the laws of the Republic of Kazakhstan.
Article 84. Financial and material-technical support for the activities of bodies and institutions directly engaged in and participating in Prevention of infractions
1. Financial and material-technical support for the activities of bodies and institutions directly engaged in Prevention of infractions shall be provided from the funds of the state budget of the Republic of Kazakhstan and other sources not prohibited by the legislation of the Republic of Kazakhstan.
2. The state shall support non-governmental, non-profit organizations whose activities are related to the implementation of prevention of infractions measures, by means of placing a state social order and other sources not prohibited by the legislation of the Republic of Kazakhstan.
Article 85. Procedure for enforcement of the Law
1. This Law shall enter into force upon the expiration of sixty calendar days after the date of its first official publication.
2. Until the Digital Code of the Republic of Kazakhstan enters into force, the words "digital systems", "digital technologies", "authorized body in the field of digitalization", "Authorized body in the field of digitalization", "digital systems", "digital and geoinformation systems" shall be deemed to mean, respectively, "information systems", "information technologies", "authorized body in the field of informatization", "Authorized body in the field of informatization", "information systems", "information and geoinformation systems".
3. To declare null and void as of the date this Law takes effect:
1) Law of the Republic of Kazakhstan dated July 15, 1996 "On Administrative Supervision of Persons Released from Places of Deprivation of Liberty";
2) Law of the Republic of Kazakhstan dated July 9, 2004 "On Prevention of Juvenile Delinquency and Prevention of Child Neglect and Homelessness";
3) Law of the Republic of Kazakhstan dated July 9, 2004 "On the Participation of Citizens in Ensuring Public Order";
4) Law of the Republic of Kazakhstan dated December 4, 2009 "On Prevention of Domestic Violence";
5) Law of the Republic of Kazakhstan dated April 29, 2010 "On Prevention of infractions".
|
|