LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2019 No. 292-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the penal, criminal procedure legislation and strengthening of protection of the rights of the personality

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-II, Art. 145; No. 23-II, Art. 170; 2016, No. 8-II, Art. 67; 2017, No. 8, Art. 16; No. 16, Art. 56; 2018, No. 14, Art. 42; 2019, No. 2, Art. 6; No. 7, Art. 36; The law of the Republic of Kazakhstan of November 25, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2019):

1) in table of contents:

to state heading of Chapter 14 in the following edition:

"Chapter 14. Carrying out accreditation of the agencies on adoption and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

add with headings of Articles 112-1 and 114-1 of the following content:

"Article 112-1. Procedure for carrying out accreditation of the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

"Article 114-1. The rights and obligations of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

2) in Item 1 of Article 1:

subitems 3), 17-1) and 17-2) to state in the following edition:

"3) accreditation - official recognition by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan of the right of the agencies on adoption and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan to perform the activities;";

"17-1) organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan - the non-profit organization performing on a grant basis in the territory of the Republic of Kazakhstan assistance in the device of orphan children, children without parental support, on education in families according to the competence established by this Code, to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, the person interested to accept and accepted children on education, and accredited for implementation of similar activities according to the procedure, established by this Code;

17-2) Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank), - the database containing the information about orphan children, children without parental support, and also about persons wishing to accept orphan children, children without parental support on education in the families;";

add with subitem 17-3) of the following content:

"17-3) large family - the family incorporating four and more jointly the living minor children, including children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age);";

3) Item 1 of Article 85:

after the word "criminal records" to add with words ", the certificate on passing of psychological preparation";

add with part two of the following content:

"The citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan persons interested to accept orphan children, children without parental support, on education in the family, have the right to psychological preparation according to this Code on a grant basis.";

4) in Article 91:

add Item 2 with the subitem 15) of the following content:

"15) the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, did not have psychological training according to the procedure, stipulated in Item 4 these Articles (except for close relatives of the child).";

add with item 4 of the following content:

"4. Psychological training of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, persons interested to accept orphan children, children without parental support, on education in the family is performed by the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan, and also the organizations of education for orphan children, children without parental support, at the expense of means of the specified organizations.

Requirements to contents of the program of psychological preparation, procedure for the organization of activities for psychological training of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, persons interested to accept orphan children, children without parental support on education in the family, and form of the certificate on passing of such preparation affirm authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

Item 2 of article 102 after the words "decision on adoption" to add 5) with words ", the staff of the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

Heading of Chapter 14 to state 6) in the following edition:

"Chapter 14. Carrying out accreditation of the agencies on adoption and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

7) in Article 111:

add Item 1 with words ", and also non-profit organizations which founders are the citizens of the Republic of Kazakhstan performing activities for protection of the rights and interests of orphan children, children without parental support, at least five years at the time of filing of application about accreditation";

state Items 3 and 4 in the following edition:

"3. Employees of authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, local executive bodies, the organizations for orphan children, children without parental support, including their spouses and close relatives, and also the faces having or which had criminal record, exposed or being exposed to criminal prosecution (except for persons concerning whom criminal prosecution is stopped based on Items 1) and 2) of part one of Article 35 of the Code of penal procedure of the Republic of Kazakhstan) for criminal offenses cannot be the staff of branch and (or) representative office of the agency, and also the staff of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan: murder, intentional damnification to health, against health of the population and morality, sexual integrity, for extremist or terrorist crimes, human trafficking.

4. Rules of accreditation of the agencies and organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan affirm authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

8) to add with Article 112-1 of the following content:

"Article 112-1. Procedure for carrying out accreditation of the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan

1. The question of accreditation of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan, including about refusal in accreditation, is considered by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.

2. The organization for rendering assistance in the device of orphan children, children without parental support, to families of citizens of the Republic of Kazakhstan submits the application with application of documents, the agencies determined by rules of accreditation and the organizations for rendering assistance in the device of orphan children, children without parental support, to families of citizens of the Republic of Kazakhstan.

3. The decision on accreditation of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan or about refusal in accreditation is issued by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan within ten working days from the date of its acceptance with reasons in case of refusal in accreditation.

4. The organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan will be accredited for a period of one year with the prolongation right. The decision on accreditation is inaliennable and is not subject to transfer to other persons.

5. Action of the decision on accreditation of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan stops authorized body in the field of protection of the rights of children of the Republic of Kazakhstan in case:

1) non-compliance with regulations of this Code;

2) availability of reasonable complaints about organization activity on rendering assistance in the device of orphan children, children without parental support, in families of the citizens of the Republic of Kazakhstan who arrived in authorized body in the field of protection of the rights of children of the Republic of Kazakhstan and (or) other state bodies.

6. The bases for refusal in accreditation of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan, in prolongation of term of accreditation, deprivation (response) of accreditation are:

1) discrepancy of the submitted documents to the requirements established by rules of accreditation of the agencies and organizations for rendering assistance in the device of orphan children, children without parental support in families of citizens of the Republic of Kazakhstan;

2) representation by the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan of false information on the activities;

3) violation by the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan of the rights and legitimate interests of orphan children, children without parental support;

4) not elimination within one month of the violations which entailed suspension of action of the decision on accreditation;

5) the termination of organization activity on rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan.

7. The non-profit organization which is performing activities for protection of the rights and interests of orphan children, children without parental support, received the decision on refusal in the accreditation having the right to address repeatedly to authorized body in the field of protection of the rights of children of the Republic of Kazakhstan after six months.";

Chapter 14 to add 9) with Article 114-1 of the following content:

"Article 114-1. The rights and obligations of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan

1. The organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan has the right:

1) to obtain information in the amount determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, according to the procedure, established by the legislation of the Republic of Kazakhstan on orphan children, children without parental support, with the consent of their legal representatives;

2) to perform matching of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, persons interested to accept orphan children, children without parental support, on education in the family (adoption, guardianship or custody, patronage, foster home);

3) to determine specific circumstances of loss of parent care of pupils of the organizations of all types for orphan children, children without parental support, (educational, medical and others) for rendering assistance to their device in families;

4) to perform other rights provided by the laws of the Republic of Kazakhstan.

2. The organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan, shall:

1) to keep secrecy of adoption;

2) to perform psychological training of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, persons interested to accept orphan children, children without parental support, on education in the family, at the expense of means of the organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan;

3) to give legal assistance, psychological and psychology and pedagogical consultation to the citizens who are constantly living in the territory of the Republic of Kazakhstan, the person interested to accept and accepted orphan children, children without parental support on education in the family;

4) to inform authorized body in the field of protection of the rights of children of the Republic of Kazakhstan and law enforcement agencies of the Republic of Kazakhstan within twenty four hours from the moment of factual determination of death, child abuse, including implementation of physical or mental abuse over the child, and also attempts at sexual integrity of the child arranged on education in family by the organization for rendering assistance in the device of orphan children, children without parental support in families of citizens of the Republic of Kazakhstan;

5) to submit the quarterly report on the activities in authorized body in the field of protection of the rights of children of the Republic of Kazakhstan;

6) to observe other obligations provided by the laws of the Republic of Kazakhstan.";

Part the second Item 3 of article 115 after the word of "agencies" to add 10) with the words "and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan";

Item 2 of Article 118-1 to add 11) with part two of the following content:

"The bodies performing functions on guardianship or custody of local executive bodies of areas, the cities of regional value, areas, the cities of republican value, the capital and authorized body in the field of protection of the rights of children of the Republic of Kazakhstan shall take measures for protection of the state electronic information resources.";

Item 1 of Article 122 to add 12) with the subitem 13) of the following content:

"13) the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, did not have psychological training according to the procedure, stipulated in Item 4 Articles of 91 of this Code (except for close relatives of the child).".

2. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-I, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56; No. 23, Art. 88, 91; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 8, Art. 45; No. 15-16, of Art. 67; Art. No. 19-20, 86):

1) in table of contents:

to state heading of Article 69 in the following edition:

"Article 69. Release from punishment with establishment of the guarantee";

add with heading of Article 188-1 of the following content:

"Article 188-1. Abaction";

to state headings of Articles 203 and 296 in the following edition:

"Article 203. Intentional destruction, export or damage of the objects having special value";

"Article 296. The illegal treatment of drugs, psychotropic substances, their analogs without sales objective";

add with heading of Article 299-1 of the following content:

"Article 299-1. Promotion or illegal advertizing of drugs, psychotropic substances or their analogs, precursors";

to state heading of Article 301 in the following edition:

"Article 301. Illicit trafficking in toxic agents the, and also substances, tools or the equipment used for production or conversion of drugs, psychotropic substances, their analogs or toxic agents";

add with heading of Article 345-1 of the following content:

"Article 345-1. Road traffic offense or operation of vehicles by persons managing vehicles is able alcoholic, drug and (or) inhalant intoxication";

to state headings of Articles 346 and 380-1 in the following edition:

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