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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 7, 2020 No. 361-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care

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

1. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-І, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-ІІ, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, st.116; No. 23, st.119; No. 24, st.126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93; 2019, No. 1, Art. 4; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 99, 106; No. 24-І, Art. 118, 119; The Law of the Republic of Kazakhstan of May 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 2020; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The Law of the Republic of Kazakhstan of June 9, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing number of operators of housing programmes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 10, 2020):

Item 3 of article 215 after the words "except for" to add 1) with words of "The national operator in the field of health care";

2) in Article 216:

3) after the words "except for" to add the subitem with words of "The national operator in the field of health care";

9) after the words "except for" to add the subitem with words of "The national operator in the field of health care".

2. 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-І, 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; No. 21-22, of Art. 90; No. 24-II, Art. 120; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

1) in Item 3 of Article 85 of the word "mental, about lack of drug (toxic), alcoholic addiction" shall be replaced with words "about lack of mental, behavioural disturbances (diseases) including connected with the use of psychoactive agents";

The subitem 6) of Item 1 of Article 106 to state 2) in the following edition:

"6) it is recognized as person with mental, behavioural disturbance (disease) connected with the use of psychoactive agents;";

Item 3 of Article 238 to exclude 3).

3. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, 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; No. 19-20, of Art. 86; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-II, Art. 120; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning procedure for the organization and holding peaceful assemblies in the Republic of Kazakhstan", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020):

Headings of Articles 319, 320 and 321 to state 1) in table of contents in the following edition:

"Article 319. Illegal performing abortion

Article 320. Non-rendering of medical care

Article 321. Disclosure of secret of the health worker";

2) in Item 11) Article 3 of the word "mental disturbance; disease of drug addiction or toxicomania" shall be replaced with words "mental, behavioural disturbance (disease) including connected with the use of psychoactive agents";

3) in part two of Article 44 of the word "alcoholism, drug addiction, toxicomanias" shall be replaced with words "mental, behavioural disturbances (diseases) connected with the use of psychoactive agents";

5) parts one of Article 54 of the word "mental disturbance" shall be replaced with words 4) in Item "mental, behavioural disturbance (disease)";

"Mental disease" shall be replaced with words 5) in part seven of Article 62 of the word "mental, behavioural disturbance (disease)";

Item 4) to state 6) to part one of Article 91 in the following edition:

"4) made criminal offense and recognized as persons in need in treatment for mental, behavioural disturbances (diseases) connected with the use of psychoactive agents;";

7) in part two of Article 93 of the word "alcoholism, drug addiction or toxicomanias or in treatment of mental disturbances" shall be replaced with words "mental, behavioural disturbances (diseases) including connected with the use of psychoactive agents";

8) the paragraph one of part one of Article 129 to state in the following edition:

"1. Cloning of the person, creation of human embryos for the purposes of biomedical researches or use of human embryo for the commercial, military or industrial purposes, and equally in export of gametes or human embryo from the Republic of Kazakhstan in the same purposes -";

9) in Article 318:

exclude part one;

the paragraph one of part two to state in the following edition:

"2. The violation of procedure for performing clinical trials and application of new methods and prophylactics, diagnostics, treatment and medical rehabilitation made by the official or which entailed heavy effects -";

10) in Article 319:

state heading in the following edition:

"Article 319. Illegal performing abortion";

the paragraph one of part one to state in the following edition:

"1. Performing abortion by person who does not have the higher medical education of the corresponding profile -";

the paragraph one of part three to state in the following edition:

"3. Illegal performing abortion by person having the higher medical education of the corresponding profile -";

the paragraph one of part five to state in the following edition:

"5. The illegal performing abortion which entailed on imprudence the death of the victim or causing severe harm to her health -";

Heading and paragraph one of part one of Article 320 to state 11) in the following edition:

"Article 320. Non-rendering of medical care

1. Non-rendering of medical care to the patient without valid excuse person obliged to render it according to the laws of the Republic of Kazakhstan and (or) standards of the organization of delivery of health care, and (or) rules of delivery of health care if it entailed causing average weight of harm to health of the patient on imprudence, -";

Heading of Article 321 to state 12) in the following edition:

"Article 321. Disclosure of secret of the health worker";

13) in Article 427:

in paragraph one shall be replaced with words the word "Nevozvrashcheniye" "1. Not return";

third to state the paragraph in the following edition:

"2. Evasion of person condemned for criminal offenses against sexual integrity of minors, and also the condemned persons recognized as persons in need in treatment for mental, behavioural disturbances (diseases) connected with the use of psychoactive agents for application to them enforcement powers of medical nature -".

4. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 15-І, 15-II, Art. 88; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; 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, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16; No. 14, Art. 50, 53; No. 16, Art. 56; No. 21, Art. 98, 102; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 10, Art. 32; No. 16, Art. 53, 56; No. 23, Art. 91; No. 24, Art. 93; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118, 119; No. 24-II, Art. 120; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020):

Item 5) to state 1) to part three of Article 140 in the following edition:

"5) to receive medical treatment for mental, behavioural disturbances (diseases) connected with the use of psychoactive agents;";

Item 1) to state 2) to part one of Article 179 in the following edition:

"In which 1) there are no data on violations of the current legislation, on damage, on essential harm or the illegal income, failure to carry out, inadequate accomplishment of professional obligations by the health or pharmaceutical worker, non-rendering of medical care sick with person obliged to render it, violation of procedure for performing clinical trials and applications of new methods and prophylactics, diagnostics, treatment and medical rehabilitation confirmed with acts of checks, audits, audit and others when their availability is obligatory sign of criminal offense;";

Item 7) to state 3) to part three of Article 299 in the following edition:

"7) data on the circumstances which are premises of application of treatment for mental, behavioural disturbances (diseases) connected with the use of psychoactive agents.";

Shall be replaced with words 4) in part two of Articles 480 and 481 of the word of "alcoholism and drug addiction" "mental, behavioural disturbances (diseases) connected with the use of psychoactive agents";

Part the sixth Article 650 to state 5) in the following edition:

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