LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 18, 2014 No. 175-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction to domestic violence

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 about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139,140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; Art. No. 21-22, 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; No. 7, Art. 36; No. 8, Art. 50; No. 9, Art. 51; Art. No. 10-11, 54, 56; No. 13, Art. 62, 63, 64; No. 14, Art. 72, 74, 75; No. 15, Art. 77, 78, 79, 81, 82; No. 16, Art. 83; The Law of the Republic of Kazakhstan of December 10, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning labor migration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 14, 2013; The Law of the Republic of Kazakhstan of January 14, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 18, 2014; The law of the Republic of Kazakhstan of January 15, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of enforcement proceeding", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 18, 2014; The Law of the Republic of Kazakhstan from 17

January, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning agro-industrial complex", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 21, 2014; The Law of the Republic of Kazakhstan of January 17, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of activities of financial (investment) pyramids", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 25, 2014):

1) in part two of Article 57 of the word "1) and 2)" shall be replaced with words "1), 2) and 3)";

Articles 59-1, 79-1 and 79-5 to state 2) in the following edition:

"Article 59-1. Establishment of special requirements to behavior of the offender

1. When considering the case about administrative offense on the petition of participants of proceeedings for administrative offense and (or) law-enforcement bodies by court special requirements to behavior persons, the made administrative offense provided by Articles 79-1, 79-3, 79-5, 111-1, 112, of 332, of 355-1 of this Code, for a period of up to one year can be identified, providing will in full or separately lock:

1) contrary to will of the victim to search, pursue, visit, conduct oral, telephone negotiations and to come to him into contacts in other ways, including minor and (or) incapacitated members of his family;

2) to acquire, store, carry and use fire and other types of weapon.

2. In case of establishment of special requirements to behavior of person who made administrative offense in the field of the home relations to protection and protection of the victim and members of his family the court has in exceptional cases the right to apply for a period of up to thirty days measure of administrative and legal impact in the form of prohibition to person who committed domestic violence, to live in the individual apartment house, the apartment or other dwelling with the victim in case of availability at this person of other dwelling.

3. During effective period of special requirements to behavior of the offender the obligation can be assigned to it to be in law-enforcement bodies for preventive conversation from one to four times a month.";

"Article 79-1. Beating

1. Drawing the beating or making of other violent acts which caused physical pain, but did not entail causing little harm to health

attracts penalty in the amount of five monthly settlement indicators or administrative detention for a period of ten days.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract administrative detention for a period of fifteen days.

3. The actions provided by part two of this Article, made by persons to whom administrative detention according to part three of article 55 of this Code is not applied

attract penalty in the amount of ten to twenty monthly settlement indicators.";

"Article 79-5. Illegal actions in the field of the home relations

1. The strong language, offensive sticking, humiliation, damage of household goods and other actions expressing disrespect for the faces consisting with the offender in the home relations, breaking their tranquility, made in the individual apartment house, the apartment or other dwelling if these actions do not contain signs of penal act,

attract the prevention or administrative detention for a period of up to three days.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract administrative detention for a period of ten up to fifteen days.

3. The actions provided by part two of this Article, made by persons to whom administrative detention according to part three of article 55 of this Code is not applied

attract penalty in the amount of three to five monthly settlement indicators.

Note. The home relations are understood as the relations between the spouses who were the spouses, persons living or living jointly, the close relatives, persons having general child(children).";

3) in Article 355-1 of the word "penalty in the amount up to five monthly settlement indicators" shall be replaced with words "the prevention or administrative detention for a period of up to ten days".

2. In the Law of the Republic of Kazakhstan of January 23, 2001 "About local public administration and self-government in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 17; No. 9, Art. 86; No. 24, Art. 338; 2002, No. 10, Art. 103; 2004, No. 10, Art. 56; No. 17, Art. 97; No. 23, Art. 142; No. 24, Art. 144; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 13, Art. 86, 87; No. 15, Art. 92, 95; No. 16, Art. 99; No. 18, Art. 113; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 14; No. 10, Art. 69; No. 12, Art. 88; No. 17, Art. 139; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114, 124; 2009, No. 2-3, of Art. 9; No. 24, Art. 133; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; No. 7, Art. 29, 32; No. 24, Art. 146; 2011, No. 1, Art. 3, 7; No. 2, Art. 28; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 118; No. 16, Art. 129; 2012, No. 2, Art. 11; No. 3, Art. 21; No. 5, Art. 35; No. 8, Art. 64; No. 14, Art. 92; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 8, Art. 50; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 81; No. 20, Art. 113; No. 21-22, of Art. 115; The Law of the Republic of Kazakhstan of January 17, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning agro-industrial complex", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 21, 2014):

Item 1 of Article 27 to add 1) with the subitem 29) of the following content:

"29) creates the organizations for assistance according to the Law of the Republic of Kazakhstan "About prevention of domestic violence".";

Item 1 of Article 31 to add 2) with the subitem 26) of the following content:

"26) creates the organizations for assistance according to the Law of the Republic of Kazakhstan "About prevention of domestic violence".".

3. In the Law of the Republic of Kazakhstan of August 8, 2002 "About the child's rights in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 17, Art. 154; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 19; 2006, No. 3, Art. 22; 2007, No. 9, Art. 67; No. 20, Art. 152; 2009, No. 15-16, of Art. 72; No. 17, Art. 81; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 17, Art. 136; No. 21, Art. 173; 2012, No. 15, Art. 97; 2013, No. 9, Art. 51; No. 13, Art. 62; No. 14, Art. 75; No. 15, Art. 77; The law of the Republic of Kazakhstan of January 13, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fixing of competence of state bodies at the legislative and (or) subordinate levels", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 15, 2014):

to add Item 1 of Article 30 with part eleven of the following content:

"In the organizations for assistance created according to the Law of the Republic of Kazakhstan "About prevention of domestic violence" the children who are in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation are accepted.".

4. In the Law of the Republic of Kazakhstan of July 9, 2004 "About prevention of offenses among minors and the prevention of children's neglect and homelessness" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 18, Art. 105; 2007, No. 9, Art. 67; No. 20, Art. 152; 2009, No. 15-16, of Art. 72; 2010, No. 8, Art. 41; No. 22, Art. 130; No. 24, Art. 149, 152; 2011, No. 11, Art. 102; 2012, No. 3, Art. 26; 2013, No. 9, Art. 51; No. 13, Art. 62; No. 14, Art. 72, 75):

in Article 11:

add Item 1 with the subitem 4) of the following content:

"4) being in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation.";

add Item 2 with the subitem 3) of the following content:

"3) the statement of the person which brought the minor, specified in the subitem 4) of Item 1 of this Article.".

5. In the Law of the Republic of Kazakhstan of April 12, 2005 "About the state social order" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 6, Art. 8; 2011, No. 21, Art. 171; 2012, No. 5, Art. 35; 2013, Art. No. 5-6, 30):

1) in Article 1:

in subitem 1-1) shall be replaced with words the word "more" "up to three years";

add with subitems 3-1), 3-2), 4-1) and 5-1) of the following content:

"3-1) state body in the field of the state social order (further - state body) - state body, including the central executive and local executive body performing activities for forming and implementation of the state social order;

3-2) authorized body in the field of the state social order (further - authorized body) - the state body coordinating activities of state bodies in the field of the state social order;";

"4-1) Register of suppliers of the state social order - the list of the non-governmental organizations participating in implementation of social programs, social projects for the contract for implementation of the state social order;";

"5-1) monitoring of implementation of the state social order - collection, processing and information analysis about implementation of the state social order;";

subitems 10) to exclude 11), 12) and 13);

Article 5 to add 2) with subitem 13-3) of the following content:

"13-3) assistance to person (family) who is in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation;".

6. In the Law of the Republic of Kazakhstan of July 27, 2007 "About education" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 20, Art. 151; 2008, No. 23, Art. 124; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 21; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 128; No. 18, Art. 142; 2012, No. 2, Art. 11; No. 4, Art. 32; No. 15, Art. 97; 2013, No. 2, Art. 7; No. 7, Art. 34; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 81; The law of the Republic of Kazakhstan of January 13, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fixing of competence of state bodies at the legislative and (or) subordinate levels", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 15, 2014; The Law of the Republic of Kazakhstan of January 14, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 18, 2014):

in Article 1:

27) and 28) to state subitems in the following edition:

"27) the residential organizations - the organizations of education providing the state guarantees of rights to education of certain categories of persons with provision of the place of residence;

28) internship - form one - or biennial training of students of medical higher educational institutions within basic medical education;";

in subitem 28-1) of the word "and also the children sent to the special organizations of education" shall be replaced with words "the children sent to the special organizations of education and also the children who are in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation";

59) and 60) to state subitems in the following edition:

"59) the experimental platform - the organization of education realizing educational training programs in the experiment mode for approbation of new pedagogical technologies and educational training programs;

60) the external studies - one of forms of education in case of which the student without regular visit of occupations independently studies subject matters of the appropriate educational program;".

7. In the Law of the Republic of Kazakhstan of December 29, 2008 "About special social services" (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 24, Art. 127; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 5, Art. 35; No. 8, Art. 64; No. 15, Art. 97; 2013, No. 14, Art. 72; The Law of the Republic of Kazakhstan of January 13, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fixing of competence of state bodies at the legislative and (or) subordinate levels", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 15, 2014):

1) in Article 6:

in paragraph one shall be replaced with words the word "Person" "1. Person";

add with Item 2 following of content:

"2. Criteria for evaluation of availability of the ill treatment which led to social disadaptation and social deprivation are determined by the Ministry of Internal Affairs of the Republic of Kazakhstan together with authorized bodies in the field of social protection of the population, health care and education.

Forms of the ill treatment which led to social disadaptation and social deprivation are the actions connected with domestic violence, human trafficking, including minor, other types of their operation and also kidnapping irrespective of availability of the fact of initiation of criminal proceedings concerning committed actions.";

2) in Article 13:

in Item 1:

the paragraph one after the word of "accommodation" to add with words "(except for case, stipulated in Item the 7th article 15 of this Law)";

add with the subitem 3) of the following content:

"3) behind the guaranteed and (or) additional amount of the special social services provided over the guaranteed amount in the subjects providing special social services to persons (families) which are in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation and also the subjects giving help to the victims from domestic violence.";

add Item 2 with subitems 5) and 6) of the following content:

"5) the subject providing special social services to person (family) which is in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation;

6) the organization for assistance created according to the Law of the Republic of Kazakhstan "About prevention of domestic violence".";

3) in Article 15:

add Item 1 with the words "in case of rendering them at the expense of budgetary funds";

add Item 2 with part two of the following content:

"Before acceptance by local executive bodies of areas, cities of regional value of the decision on provision of special social services to person (family) which is in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation, this person (family) can stay in the subjects providing special social services or giving help to the victims from domestic violence in case of provision (rendering) them at the expense of budgetary funds.";

state Item 7 in the following edition:

"7. To person (family) which is in difficult life situation owing to the ill treatment which led to social disadaptation and social deprivation, special social services are provided irrespective of the place of residence.".

8. In the Law of the Republic of Kazakhstan of December 4, 2009 "About prevention of domestic violence" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 23, Art. 114; 2013, No. 14, Art. 75; The Law of the Republic of Kazakhstan of January 13, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fixing of competence of state bodies at the legislative and (or) subordinate levels", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 15, 2014):

1) in Article 1:

add with subitem 1-1) of the following content:

"1-1) organizations for assistance - the legal entities performing provision injured special social services and (or) the help according to this Law;";

2) to state the subitem in the following edition:

"2) the home relations - the relations between the spouses who were the spouses, persons living or living jointly, the close relatives, persons having general child(children);";

2) in Item 5 of Article 4 of the word" that can cause violation of physical and (or) mental health" to exclude;

7) of Article 10 of the word "direct the victims" shall be replaced with words 3) in the subitem "at the request of the victims direct them";

The subitem 1) Articles 11, the subitem 1) of Article 12 and the subitem 1) of Article 14 to exclude 4);

5) Item 1 of Article 15:

add with subitem 3-1) of the following content:

"3-1) render to the victims special social services, and also address in their interests to local executive bodies of areas, cities of regional value with the statement for provision of the guaranteed and (or) additional amount of the special social services provided over the guaranteed amount;";

add with part two of the following content:

"The help provided by subitems 1), 2), 3), 4) and 5) of part one of this Item is injured irrespective of the place of residence.";

6) in Article 20:

in the offer the first part one of Item 1 of the word "the deputy takes out the protective instruction" shall be replaced with words "the deputy, the local police inspector or the local police inspector for minors take out the protective instruction taking into account opinion of the victim";

add Item 3 with words ", including minor and (or) incapacitated members of his family";

in Item 5:

replace the word "ten" with the word "thirty";

add with the offer the second the following content:

"Review frequency makes seven once at least calendar days.";

exclude Item 6;

7) in Item 3 of Article 22:

1) to state the subitem in the following edition:

"1) contrary to will of the victim to search, pursue, visit, conduct oral, telephone negotiations and to come to him into contacts in other ways, including minor and (or) incapacitated members of his family;";

add with part two of the following content:

"In exceptional cases to protection and protection of the victim and members of his family the court has the right to apply also measure of administrative and legal impact in the form of prohibition to person who committed domestic violence, to live in the individual apartment house, the apartment or other dwelling with the victim in case of availability at this person of other dwelling.".

9. In the Law of the Republic of Kazakhstan of April 29, 2010 "About prevention of offenses" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 8, Art. 40; No. 24, Art. 149; 2012, No. 3, Art. 26; No. 5, Art. 41; 2013, No. 9, Art. 51; No. 14, Art. 75; The Law of the Republic of Kazakhstan of January 13, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fixing of competence of state bodies at the legislative and (or) subordinate levels", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 15, 2014):

to add part one of Item 1 of Article 28 with the subitem 6) of the following content:

"6) the decision on release from places of detention after departure of punishment for making of heavy and especially serious crime or the offender two and more times to imprisonment for intentional crimes is made.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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