LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 9, 2016 No. 501-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of the rights of the child

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 September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170):

Table of contents to add 1) with heading of Article 103-1 of the following content:

"Article 103-1. Chemical castration";

Item 4 of Article 95 to add 2) with the subitem 6) of the following content:

"6) in case of detection at the citizen of mental variations and tendencies to sexual violence.";

To add 3) with Article 103-1 in the following edition:

"Article 103-1. Chemical castration

1. Chemical castration - administration of drugs, reducing sexual passion, performed based on the judgment by the medical organization.

2. The type of the used medicine, frequency of its introduction within the criminal law action measure effective period established by court, and also procedure for application of this measure are determined by authorized body in coordination with the Prosecutor General's Office and the Ministry of Internal Affairs of the Republic of Kazakhstan.".

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-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. 23-II, Art. 170):

1) in table of contents:

to state heading of Section 4 in the following edition:

"Section 4. Guardianship or custody, Republican databank, foster and guest home";

add with headings of Chapter 15-1, of Articles 118-1, 118-2, 118-3, 118-4, 118-5, of Chapter 17-1, of Articles 132-1, 132-2, 132-3, 132-4, 132-5, of Chapter 18-1, Article 137-1, 137-2, 137-3 and 137-4 of the following content:

"Chapter 15-1. Republican databank

Article 118-1. Requirements to forming and use of the Republican databank

Article 118-2. Forming of the Republican databank

Article 118-3. Access to confidential information on orphan children, children without parental support

Article 118-4. The termination of accounting of information about orphan children, children without parental support, and persons wishing to accept children on education in the families in the Republican databank

Article 118-5. Responsibility for violation of procedure and terms of representation in the Republican databank and disclosure of information about orphan children, children without parental support";

"Chapter 17-1. Foster home

Article 132-1. Foster home

Article 132-2. The agreement on transfer of orphan children, children without parental support, in foster home

Article 132-3. Adoptive parents

Article 132-4. Orphan children, children without parental support who are given to foster home

Article 132-5. Financing of content of orphan children, the children without parental support transferred to adoptive parents";

"Chapter 18-1. Guest family

Article 137-1. Guest family

Article 137-2. Agreement on transfer of the child to guest family

Article 137-3. Person which accepted the child in guest family

Article 137-4. The child transferred to guest family";

2) in Item 1 of Article 1:

12) to state the subitem in the following edition:

"12) legal representatives of the child are parents (parent), adoptive parents (adopters), the guardian or the custodian, the adoptive parent (adoptive parents), the foster tutor and other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan;";

add with subitems 10-1), 11-1) and 17-1) of the following content:

"10-1) guest family - the family which temporarily accepted on education of orphan children, the children without parental support who are in the organizations of all types (educational, medical and others), during the periods which are not connected with educational process (vacation, days off and holidays);";

"11-1) foster home - device form in the family which accepted on education at least four and no more than ten orphan children, the children without parental support who are in the organizations of education for orphan children, children without parental support;";

"17-1) 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;";

3) in Article 84:

4) of Item 2 to state the subitem in the following edition:

"4) agreed to adoption of the child to the relatives, persons who are married (matrimony) to mother or the father of the adopted child(children);";

state Item 3 in the following edition:

"3. The children specified in subitems 1) - the 3), 5) and 6) Item 2 of this Article consisting on accounting in the Republican databank can be transferred to adoption to relatives of children irrespective of nationality and the residence, to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, according to the procedure, established by the legislation of the Republic of Kazakhstan.";

the first and second item 4 to state parts in the following edition:

"4. The children who are citizens of the Republic of Kazakhstan, staying on the centralized registry in the Republican databank can be transferred to adoption to the citizens of the Republic of Kazakhstan who are constantly living outside the Republic of Kazakhstan.

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