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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2006 No. 140

About the Commission on pardon questions in case of the President of the Republic of Kazakhstan

(as amended on 27-08-2021)

According to the subitem 15) of article 44 of the Constitution of the Republic of Kazakhstan and the subitem 3) of Item 2 of article 33 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" I DECIDE:

1. Approve:

1) Regulations on the Commission on pardon questions in case of the President of the Republic of Kazakhstan according to appendix 1;

2) structure of the Commission on pardon questions in case of the President of the Republic of Kazakhstan according to appendix 2.

2. Recognize to invalid:

1) the Presidential decree of the Republic of Kazakhstan of May 7, 1996 No. 2975 "About approval of the Regulations on procedure of pardon of citizens by the President of the Republic of Kazakhstan";

2) the Presidential decree of the Republic of Kazakhstan of September 13, 1996 No. 3108 "About structure of the Commission on pardon questions in case of the President of the Republic of Kazakhstan";

3) the Presidential decree of the Republic of Kazakhstan of January 28, 1997 No. 3343 "About modification and amendments in the Presidential decree of the Republic of Kazakhstan of September 13, 1996 No. 3108 "About structure of the Commission on pardon questions in case of the President of the Republic of Kazakhstan";

4) the Presidential decree of the Republic of Kazakhstan of February 18, 1998 No. 3841 "About modification and amendments in the Presidential decree of the Republic of Kazakhstan of May 7, 1996 No. 2975" (SAPP of the Republic of Kazakhstan, 1998, No. 4, the Art. 20);

5) the Presidential decree of the Republic of Kazakhstan of April 1, 1998 No. 3892 "About modification of the Presidential decree of the Republic of Kazakhstan of September 13, 1996 No. 3108";

6) the Presidential decree of the Republic of Kazakhstan of February 13, 2001 No. 557 "About modification of the Presidential decree of the Republic of Kazakhstan of May 7, 1996 No. 2975";

7) Item 1 of the Presidential decree of the Republic of Kazakhstan of November 7, 2001 No. 719 "About modification of presidential decrees of the Republic of Kazakhstan of September 13, 1996 No. 3108 and of June 18, 1996 No. 3039";

8) The presidential decree of the Republic of Kazakhstan of March 6, 2002 No. 821 "About modification of the Presidential decree of the Republic of Kazakhstan of September 13, 1996 No. 3108";

9) the Presidential decree of the Republic of Kazakhstan of February 4, 2004 No. 1288 "About modification and amendments in the Presidential decree of the Republic of Kazakhstan of May 7, 1996 No. 2975";

10) the subitem 2) Item 1 of the Presidential decree of the Republic of Kazakhstan of December 15, 2004 No. 1504 "About introduction of amendments to some acts of the President of the Republic of Kazakhstan";

11) Item 1 of the Presidential decree of the Republic of Kazakhstan of March 16, 2005 No. 1573 "About modification and amendments in the Presidential decree of the Republic of Kazakhstan of May 7, 1996 No. 2975 and recognition voided some acts of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2005, No. 20, the Art. 238).

3. This Decree becomes effective from the date of signing.

President of the Republic of Kazakhstan

N. Nazarbayev

Appendix 1

Approved by the Presidential decree of the Republic of Kazakhstan of July 5, 2006 No. 140

Regulations on the Commission on pardon questions in case of the President of the Republic of Kazakhstan

1. General provisions

1. This regulations on the Commission on pardon questions in case of the President of the Republic of Kazakhstan (further - the Provision) according to the subitem 15) of article 44 of the Constitution of the Republic of Kazakhstan, the subitem 6) of Article 19 and the subitem 3) of Item 2 of article 33 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" determine procedure for activities of the Commission on pardon questions in case of the President of the Republic of Kazakhstan (further - the Commission) and considerations of pleas for mercy.

2. Pardon is performed by the President of the Republic of Kazakhstan based on the petition of person concerning which the conviction took legal effect, and equally in the person who is serving or served the penalty imposed according to the court verdict of foreign state in the territory of the Republic of Kazakhstan.

3. The president of the Republic of Kazakhstan can pardon at discretion the convict or person who served sentence.

4. The plea for mercy can be submitted only after the introduction to legal force of sentence (resolution) of court.

5. Pardon is performed in type:

1) replacements of capital punishment with lifelong imprisonment or imprisonment by certain term;

1-1) replacements of lifelong imprisonment with imprisonment by certain term;

2) releases from further serving sentence or reducing term of the imposed penalty;

3) replacements of the penalty imposed by court with softer type of punishment;

3-1) releases from auxiliary view of punishment;

4) removals of criminal record from the persons who served sentence or exempted from its further serving.

2. The commission on pardon questions in case of the President of the Republic of Kazakhstan

6. Consideration of materials about pardon is performed by the Commission on pardon questions in case of the President of the Republic of Kazakhstan (further - the Commission) which is advisory advisory body in case of the President of the Republic of Kazakhstan.

7. The structure of the Commission affirms the President.

8. The commission is headed by the chairman appointed by the President of the Republic of Kazakhstan.

The deputy attorney general supervising questions of execution of punishments and rehabilitation of citizens and the chairman of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan are part of the Commission on position. In case of absence of the chairman of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan one of his deputies can take part in work of the Commission with voting power.

Deputies of Parliament of the Republic of Kazakhstan, representatives of non-governmental organizations and other persons can be part of the Commission.

9. In case of absence of the chairman on commission session of its obligation are assigned to the vice-chairman of the Commission.

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