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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2021 No. 90-VII ZRK

About the Commissioner for Human Rights in the Republic of Kazakhstan

This Law determines legal status, powers and the organization of activities of the Commissioner for Human Rights in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The purposes and tasks of activities of the Commissioner for Human Rights in the Republic of Kazakhstan

1. The Commissioner for Human Rights in the Republic of Kazakhstan (further - the Representative) is person holding responsible state position which is established according to the Constitution of the Republic of Kazakhstan for the purpose of providing the state guarantee of protection of rights and freedoms of man and citizen, their observance and respect with state bodies, bodies of local public administration and self-government, other organizations and officials.

Tasks of activities of the Representative is assistance to recovery of the violated rights and freedoms of man and citizen, to enhancement of regulatory legal acts of the Republic of Kazakhstan, encouragement and promotion of rights and freedoms of man and citizen.

2. The representative performs the activities according to the Constitution of the Republic of Kazakhstan, this Law, other regulatory legal acts of the Republic of Kazakhstan, and also international treaties and other obligations of the Republic of Kazakhstan.

Article 2. Principles of activities of the Representative

The representative when implementing the activities is guided by the principles of legality, justice, impartiality, objectivity, publicity, openness, transparency and other principles enshrined in the Constitution of the Republic of Kazakhstan.

Article 3. Guarantees of activities of the Representative

1. The representative when implementing the powers is independent and is not accountable to any state bodies and officials.

2. Conditions and procedure for production on cases on administrative offenses or pre-judicial investigation concerning the Representative are determined by the relevant laws of the Republic of Kazakhstan.

3. The representative during the term of the powers cannot be detained, subjected to the detention, house arrest, the drive, measures of administrative punishment imposed judicially, is brought to trial without the consent of the Attorney-General of the Republic of Kazakhstan, except detention cases on the crime scene or making of heavy or especially serious crimes.

4. The rights of the Representative are not subject to restrictions, except the cases which are directly provided by the laws of the Republic of Kazakhstan.

Intervention or hindrance of legal activities of the Representative attracts the responsibility established by the laws of the Republic of Kazakhstan.

5. The representative is not subject to interrogation as the witness about the circumstances which became known to it in connection with accomplishment of the job responsibilities.

6. The right to safety when implementing the activities according to the laws of the Republic of Kazakhstan is guaranteed to the representative.

7. The representative has the right in case of presentation of the official ID freely to visit organizations and other objects in all territory of the Republic of Kazakhstan.

During visit of especially important state and strategic objects the Representative observes the established requirements of the throughput and inside modes.

8. In case of introduction of emergency rule in all territory of the Republic of Kazakhstan or in its certain areas the Representative performs the activities according to the procedure, established by the legislation of the Republic of Kazakhstan.

Article 4. Obligations of state bodies, bodies of local public administration and self-government, organizations

1. State bodies, bodies of local public administration and self-government, the organization, their officials shall provide in the procedure established by the legislation of the Republic of Kazakhstan to the Representative required materials, documents, data and explanations.

2. The materials requested by the Representative, documents, data shall go to it within ten working days from the date of receipt of request if in its request other term is not specified.

3. The representative and his representatives in area, the city of republican value, the capital within the powers have the right of operational acceptance in state bodies, bodies of local public administration and self-government, the organizations and officials. Upon the demand of the Representative the specified bodies and officials shall render to the Representative or his representatives immediate assistance.

4. Authorized state bodies, bodies of local public administration and self-government, organization and the organization, their officials shall provide to the Representative or his representative in area, the city of republican value, the capital possibility of free visit and communication with the persons which are in the relevant organizations and organizations rendering special social services, providing temporary isolation from society or intended for execution of the punishment. The representative or his representative in area, the city of republican value, the capital has talk with specified persons without witnesses, personally, or if necessary through the translator, and also with any other person who can provide the relevant information.

Chapter 2. Procedure for election to position and dismissal of the Representative

Article 5. Procedure for election of the Representative

1. The representative is elected to position for a period of five years by the Senate of Parliament of the Republic of Kazakhstan on representation of the President of the Republic of Kazakhstan.

2. Person elected to the Representative's position shall meet the following requirements:

1) to have nationality of the Republic of Kazakhstan and to live constantly in its territory the last ten years;

2) to have the higher education;

3) to have work experience on protection of rights and freedoms of man and citizen at least five years;

4) not to be younger than thirty years;

5) to know state language;

6) to be capable.

3. In case of assumption of office the Representative takes the oath of the following content:

"Entering position of the Commissioner for Human Rights in the Republic of Kazakhstan, solemnly I swear fairly and to honesty protect rights and freedoms of man and citizen and to fulfill the duties, being guided by the Constitution of the Republic of Kazakhstan, other legislation of the Republic of Kazakhstan, and also justice and conscience. I promise to act independently, without prejudice, objectively for the benefit of rights and freedoms of man and citizen.".

Article 6. Dismissal of the Representative

1. The representative is dismissed by the Senate of Parliament of the Republic of Kazakhstan on representation of the President of the Republic of Kazakhstan.

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