LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2022 No. 129-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning improvement of quality of life of persons with disability

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

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

The word to "disabled people" shall be replaced with words 1) in Item 3 of Article 940 to "persons with disability";

The subitem 1) of Item 1 of Article 1052 to state 2) in the following edition:

"1) the wills of the citizens who are on treatment in hospitals, sanatoria, other treatment and prevention facilities, certified by chief physicians and doctors on duty of these organizations and also wills aged and the persons with disability living in medico-social organizations (organizations), certified by directors and chief physicians of these organizations (organizations);".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

1) subitem in paragraph six 8) of Item 1 of Article 51 the word of "disabled people" shall be replaced with words "persons with disability";

2) subitem in paragraph six 8) of Item 1 of Article 52 the word of "disabled people" shall be replaced with words "persons with disability";

3) subitem in paragraph nine 6) of Item 1 of Article 53 the word of "handicapped child" shall be replaced with words "the child with disability";

4) subitem in paragraph three 5) of Item 1 of Article 54 of the word "disabled people, including handicapped children" shall be replaced with words "persons with disability, including children with disability";

5) subitem in paragraph six 5) of Item 1 of Article 55 of the word "disabled people, including handicapped children" shall be replaced with words "persons with disability, including children with disability";

6) in Article 56:

in the subitem 4) Item 1:

in paragraph three the word of "handicapped children" shall be replaced with words "children with disability";

in paragraph four of the word of "disabled people", "the individual program of rehabilitation of the disabled person" to replace respectively with words of "persons with disability", "the individual program of abilitation and rehabilitation of person with disability";

in subitems 7) and 9) of Item 5 the word of "disabled people" shall be replaced with words "persons with disability".

3. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family":

The subitem 3) of Item 2 of Article 147 to state 1) in the following edition:

"3) the needing spouse performing care of the general child with disability before achievement of age by it eighteen years and also in case of establishment to the general child with disability of age of eighteen years on reaching it the first or second group of disability.";

The subitem 2) of Item 1 of Article 148 to state 2) in the following edition:

"2) the needing former spouse performing care of the general child with disability before achievement of age by it eighteen years and also in case of establishment to the general child with disability of age of eighteen years on reaching it the first or second group of disability;";

The word "disabled people" shall be replaced with words 3) in part three of Item 3 of Article 169 "persons with disability";

The subitem 6) to state 4) to part two of Item 3 of Article 222 in the following edition:

"6) persons with disability having difficulties in movement - the chairman of the medical and advisory commission.".

4. In the Criminal Code of Kazakhstan of July 3, 2014:

The word to "disabled people" shall be replaced with words 1) in Article 43 part three to "persons with disability";

2) in Article 44 part one the word "disabled people" shall be replaced with words "faces with disability";

The word to "disabled people" shall be replaced with words 3) in Article 45 part three to "persons with disability";

4) in Article 72:

part one in paragraph four the word "disabled people" shall be replaced with words "faces with disability";

part four in paragraph one to "disabled people" shall be replaced with words the word to "persons with disability";

in Item 2) the word "disabled person" shall be replaced with words parts seven "person with disability";

in the paragraph the second Item 3) the word "disabled people" shall be replaced with words parts eight "persons with disability";

Article 152 part two in paragraph one the word "disabled person" shall be replaced with words 5) "person with disability".

5. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

Part third of Article 30 to state 1) in the following edition:

"3. The right to make statements, to offer explanations and indications, to declare petitions, to make complaints, to dispute court resolutions, to get acquainted with case papers, to appear in court in the native language or other language which they know is explained and provided to the persons participating in case not knowing or insufficiently knowing language in which proceeedings are conducted; free of charge to use translation service, the specialist of sign language for persons having disability on hearing, according to the procedure, established by this Code.";

2) in part six of Article 81 of the word "mute or deaf" shall be replaced with words "persons with total loss of the speech and (or) hearing";

3) Article 145 part three in paragraph four the word of "disabled relatives" shall be replaced with words "relatives with disability";

Part the seventh Article 210 to state 4) in the following edition:

"7. Interrogation of the witness, victim, the suspect accused with total loss of the speech and (or) hearing is performed with participation of person owning skills of sign language translation. Participation of this person in interrogation is reflected in the protocol.";

Items 2) and 3) to state 5) to part two of Article 640 in the following edition:

"2) persons who are not knowing language in which legal proceedings, persons with total loss of the speech, person with total loss of hearing and person with total loss of sight are conducted;

3) persons with disability in the absence of organizational or technical capabilities on ensuring their full participation in judicial session.".

6. In the Penitentiary code of the Republic of Kazakhstan of July 5, 2014:

Part third of Article 10 to state 1) in the following edition:

"3. The convicts with disability having violation of the speech either hearing, or sight have the right to use services of the specialists knowing daktilno-sign language or Braille's alphabet.";

18) parts one of Article 16 of the word "the convict having disability and serving sentence in organizations" shall be replaced with words 2) in the subitem "the convict with disability serving sentence in organizations";

Part the ninth Article 52 to state 3) in the following edition:

"9. In case of establishment condemned disability of the first or second group service of probation brings in court idea of release it from further serving sentence.";

Part the fifth Article 57 to state 4) in the following edition:

"5. In case of establishment condemned disability of the first or second group service of probation brings in court idea of release it from further serving sentence.";

Part third of Article 69 to state 5) in the following edition:

"3. In case of establishment condemned disability of the first or second group service of probation takes to court idea of release it from forced labor, and in case of approach of pregnancy at condemned - idea of delay of serving sentence by it.";

Subitem paragraph two 4) to state 6) to part two of Article 86 in the following edition:

"Sick convicts, convicts with disability have the right to receive sending and transfers with the medicines and products of medical appointment in quantity and assortment determined by the medical certificate;";

The paragraph third to state 7) to part 3-1 of Article 96 in the following edition:

"Change of type on organization of complete safety is not allowed concerning the condemned expectant mothers and the condemned women having in case of themselves juvenile children, and also convicts with disability.";

8) third of Article 105 to state part in the following edition:

"3. The expectant mothers, women having children, and also person with disability and the convicts containing in treatment and prevention facilities, having the right to acquire food and necessities at the expense of the means which are available on control accounts of cash of temporary placement of money without restriction.";

9) in Article 113:

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

"The condemned women having minor children with disability out of organization have the right to one short-term departure in year for appointment to them.";

the fourth to state part in the following edition:

"4. Condemned with disability of the first or second group, needing for health reasons permanent care, and also departure out of limits of organization is allowed to minor convicts accompanied by the spouse (spouse), the relative or other accompanying person.";

The fifth and sixth Article 115 to state 10) to part in the following edition:

"5. The improved domestic conditions are created to expectant mothers, nursing mothers, minors, and also patients and persons with disability and the raised food regulations are established.

6. Buildings and rooms which contain convicts with disability are equipped with special technical means and devices.";

Part the second Article 127 to state 11) in the following edition:

"2. Convicts are more senior than thirty years and convicts with disability receive primary, main secondary, general secondary education at will.";

Part the fifth Article 134 to state 12) in the following edition:

"5. Cameras in disciplinary insulators and the solitary confinements intended for content of convicts with disability are equipped with special technical means.";

Part the fifth Article 144 to state 13) in the following edition:

"5. The condemned expectant mothers and the condemned women having in case of themselves juvenile children and also convicts with disability cannot contain in strict conditions.";

Part the seventh Article 162 to state 14) in the following edition:

"7. In case of establishment of disability of the first or second group to the convict to punishment in the form of attraction to social jobs, corrective works or restriction of freedom the body performing punishment brings submission to court about its early release from serving sentence.";

15) Article 166 part three in paragraph one:

the word "Disabled people" shall be replaced with words "Faces with disability";

words "nursing homes and aged" shall be replaced with words "medico-social organizations (organizations) for aged and persons with disability";

Part the fourth Article 167 to state 16) in the following edition:

"4. In case of release from serving sentence in the form of imprisonment of persons with disability of the first or second group, expectant mothers and women with juvenile children, and also minors the administration of organization in six months informs their spouse (spouse), the relatives or other persons specified in the statement of the convict and also service of probation at the place of residence elected by the convict.";

The subitem 9) appendices to state 17) in the following edition:

"9) the vehicles which are specially intended for movement of persons with disability, technical supportive (compensatory) means and special vehicles of persons with disability;".

7. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

1) in Article 79-3:

paragraphs two and third the subitem 1) to state in the following edition:

"persons with disability;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info