of April 12, 2021 No. 235
About modification of the Order of the Government of the Republic of Kazakhstan of April 6, 2017 No. 175 "About approval of Rules of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly"
The government of the Republic of Kazakhstan DECIDES:
1. Bring in the order of the Government of the Republic of Kazakhstan of April 6, 2017 No. 175 "About approval of Rules of expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person forcibly" the following changes:
state heading in the following edition:
"About approval of Rules of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed";
state preamble in the following edition:
"According to part one of Article 70 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, article 28 of the Law of the Republic of Kazakhstan of June 19, 1995 "About legal status of foreigners" and article 60 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" the Government of the Republic of Kazakhstan DECIDES:";
state Item 1 in the following edition:
"1. Approve the enclosed Rules of expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed.";
Out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly approved by the specified resolution to be reworded as follows rules of expulsion according to appendix to this resolution.
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
A. Mamin
Appendix
to the Order of the Government of the Republic of Kazakhstan of April 12, 2021 No. 235
Approved by the Order of the Government of the Republic of Kazakhstan of April 6, 2017 No. 175
1. These rules of expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed are developed according to part one of Article 70 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, article 28 of the Law of the Republic of Kazakhstan of June 19, 1995 "About legal status of foreigners", article 60 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" and determine procedure for content in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel, and the implementation of expulsion of the foreigner or stateless person which are subject to expulsion out of limits of the Republic of Kazakhstan is passed.
2. Punishment about expulsion of the foreigner or stateless person is performed by bodies of homeland security and internal affairs of the Republic of Kazakhstan.
3. Execution of the sentence which took legal effect, decisions, court orders on expulsion of the foreigner or stateless person which did not leave the territory of the Republic of Kazakhstan in time, specified in court resolution about expulsion, is made forcibly after execution of main type of punishment.
4. The authorized bodies and/or persons responsible for execution of main type of punishment inform law-enforcement bodies on execution concerning the foreigner or the stateless person which is subject to expulsion, main type of punishment.
5. Law-enforcement bodies from the moment of receipt of the relevant information hold events for the organization of expulsion of the foreigner or the stateless person (determination of route, the place of crossing of Frontier and acquisition of tickets), and also inform the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) on the forthcoming expulsion.
6. Expulsion of the foreigner or stateless person is performed by its forwarding by law-enforcement bodies to the check point through Frontier on rail transport. In the absence of railway service (route) expulsion is performed by other modes of transport (air, automobile or water).
In case of finding of the expelled foreigner or the stateless person in one settlement with the check point through Frontier, its forwarding it is performed on road transport or in pedestrian procedure.
The foreigners or stateless persons accepted from foreign state according to the international treaty on readmission ratified by the Republic of Kazakhstan, but which do not have legal causes for entrance and stay in the Republic of Kazakhstan are subject to expulsion if between the Republic of Kazakhstan and the state of civil accessory or permanent (preferential) residence of such person there is no international treaty on readmission ratified by the Republic of Kazakhstan.
7. The border service performs the omission of the specified category of foreigners or stateless persons through Frontier in the procedure established by the legislation of the Republic of Kazakhstan.
8. At the check point through Frontier officials of law-enforcement bodies and the Border service draw up the statement of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person who is signed by them after crossing by the expelled foreigner or stateless person of Frontier.
9. Expenses on expulsion incur expelled, the physical persons or legal entities which invited the foreigner or the stateless person to the Republic of Kazakhstan or using its work at the time of factual determination of illegal stay of the foreigner or the stateless person in the Republic of Kazakhstan. In cases of absence or insufficiency of means at the called persons for covering of expenses on expulsion, financing of the relevant activities is made at the expense of budgetary funds, at the same time the means spent for expulsion are subject to compensation judicially in claims of the interested state bodies to the above-named persons.
10. The expense budget, connected with expulsion of the foreigner or stateless person, joins cost:
the travel documents for the foreigner or the stateless person and also accompanying it the staff of law-enforcement bodies;
document creation and making of other actions connected with expulsion.
11. Content of the foreigner or stateless person in special facilities is performed for the purpose of individual prevention concerning the foreigner or the stateless person which are subject to expulsion forcibly based on the sentence which took legal effect, decisions, court orders and which equally did not leave the territory of the Republic of Kazakhstan in time, specified in court resolution about expulsion.
Preventive restriction of freedom of travel is applied by law-enforcement bodies from the sanction of court and consists in temporary isolation of the foreigner or stateless person in special facility of law-enforcement bodies for a period of up to thirty days.
12. In case of receipt in the special receiver of the foreigner or stateless person, subject to expulsion forcibly, availability is checked:
1) resolutions of the law-enforcement body on preventive restriction of freedom of travel authorized by court;
2) the protocol of personal inspection with the withdrawn things prohibited to storage in the special receiver;
3) the identity documents of the foreigner or stateless person which are subject to expulsion forcibly.
13. When placing the foreigner or stateless person in the special receiver the state body which performed detention immediately informs their close relatives in the place of temporary stay (residence) in the Republic of Kazakhstan, the Prosecutor General's Office, the Ministry of Foreign Affairs, Committee of homeland security and the Ministry of Internal Affairs of the Republic of Kazakhstan.
14. In special receivers the mode providing the round-the-clock watch and excluding possibility of unauthorized leaving of the containing persons out of limits of organization is set.
15. The foreigners or stateless persons which are subject to expulsion forcibly, containing in special receivers are provided with food on the regulations established for being held in custody and being in temporary detention center. Food are issued to persons on duty daily according to the sheet.
16. The men placed in special receivers accommodate separately from women.
17. Patients with infectious form of tuberculosis, are isolated by venereal and other infectious diseases from the foreigners or stateless persons which are subject to expulsion forcibly.
18. The foreigners or stateless persons which are subject to expulsion forcibly are exempted from the special receiver for execution of sentence, the decision, the court order about expulsion or after the term of preventive restriction of freedom of travel.
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