of June 19, 1995 No. 2337
About legal status of foreigners
The legislation of the Republic of Kazakhstan on legal status of foreigners is based on the Constitution of the Republic of Kazakhstan and determines according to it basic rights and obligations of foreigners, procedure for their entry into the Republic of Kazakhstan, stay and movement by its territory and departure from the Republic of Kazakhstan.
The legislation on legal status of foreigners in the Republic of Kazakhstan consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
The legal status of foreigners in the Republic of Kazakhstan can be determined by also international treaties of the Republic of Kazakhstan.
The international agreements ratified by the Republic of Kazakhstan have priority before this Law. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.
Foreigners the persons who are not citizens of the Republic of Kazakhstan and having the evidence of the belonging to nationality of other state are recognized the Republic of Kazakhstan.
The persons who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state are recognized stateless persons.
1. Main objective of this Law is protection of the rights and legitimate interests of foreigners in the Republic of Kazakhstan.
2. The main objective of this Law is determination of legal status of foreigners in the Republic of Kazakhstan.
3. Basic principles of this Law:
1) foreigners in the Republic of Kazakhstan have the rights and freedoms, and also perform the duties established for citizens of the Republic of Kazakhstan if other is not provided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan;
2) foreigners are equal in the Republic of Kazakhstan before the law and court irrespective of their origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances;
3) implementation by foreigners of the rights and freedoms shall not violate the rights and freedoms of other persons, to encroach on the constitutional system, public order, morality and health of the population.
The foreigners who got permission to permanent residence in the Republic of Kazakhstan according to the procedure, determined by the Ministry of Internal Affairs of the Republic of Kazakhstan are recognized constantly living in the Republic of Kazakhstan.
The compulsory provision of provision of permission to permanent residence in the Republic of Kazakhstan is confirmation by person applying for receipt of such permission, except for the ethnic Kazakhs, persons who were born or earlier consisting in nationality of the Republic of Kazakhstan or the Kazakh Soviet Socialist Republic, and also persons having the right to acquisition of nationality of the Republic of Kazakhstan in the simplified procedure based on the international treaties ratified by the Republic of Kazakhstan and members of their families which arrived jointly or separately, the foreigners having demanded professions which list affirms authorized body concerning population shift, the solvency according to the procedure and the sizes determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.
The foreigners who are in the Republic of Kazakhstan on other legal cause, and also recognized as the victims, witnesses, witnesses having right of defense, suspects, persons accused or defendants on criminal cases except the foreigners specified in part one of this Article before completion of criminal proceeding are considered temporarily staying in the Republic of Kazakhstan.
Kandasa have the right at the same time to submit documents for receipt of permission to permanent residence in the Republic of Kazakhstan and acceptance in nationality of the Republic of Kazakhstan in the simplified (registration) procedure.
The Republic of Kazakhstan grants asylum right to foreigners who became the victims of human rights violations.
The issue of provision of political asylum is resolved by the President of the Republic of Kazakhstan.
Foreigners can perform labor activity in the Republic of Kazakhstan on the basis and according to the procedure, established by the legislation and international treaties of the Republic of Kazakhstan. For the purpose of ensuring realization of constitutional right of citizens of the Republic of Kazakhstan on freedom of work by legal acts restrictions on implementation of labor activity of foreigners in the Republic of Kazakhstan can be set.
Foreigners cannot be appointed to separate positions or be engaged in certain type of labor activity if according to the legislation of the Republic of Kazakhstan appointment to these positions or occupation as such type of activity are connected with belonging to nationality of the Republic of Kazakhstan.
The foreigners who are constantly living in the Republic of Kazakhstan in employment relationships have the same rights and perform the same duties, as citizens of the Republic of Kazakhstan.
The foreigners who are temporarily staying in the Republic of Kazakhstan can be subjects of private entrepreneurship. At the same time implementation of business activity without formation of legal entity is not allowed.
The foreigners who are in the Republic of Kazakhstan have right to rest in accordance with general practice with citizens of the Republic of Kazakhstan.
To the foreigners and stateless persons which are in the territory of the Republic of Kazakhstan, medical care is provided in the presence of the policy of voluntary medical insurance if other is not provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
The foreigners who are constantly living in the Republic of Kazakhstan in questions social, including pension, providing have the same rights and perform the same duties, as citizens of the Republic of Kazakhstan.
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