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ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of May 5, 2022 No. 149

About approval of standard regulations on the Commission on implementation of the procedure of assignment, prolongation, deprivation and the termination of the status of the refugee

According to the subitem 13) article 6 of the Law of the Republic of Kazakhstan "About refugees" PRIKAZYVAYU:

1. Approve the enclosed standard regulations on the Commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee according to appendix to this order.

2. To provide to committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sarbasov A. A.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Labour and Social Protection of the population of the Republic of Kazakhstan

T. Duysenova

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of May 5, 2022 No. 149

Standard regulations on the Commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee

Chapter 1. General provisions

1. This standard regulations on the Commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee (further – the Provision) are developed according to the subitem 13) of article 6 of the Law of the Republic of Kazakhstan "About refugees" and determine procedure for education and activities of the Commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee (further – the Commission).

2. The commission is permanent collegiate organ in the territory of the corresponding administrative and territorial units.

3. The commission in the activities is guided by the Constitution, the laws of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

Chapter 2. Organization of activities of the Commission

4. The structure of the Commission affirms the order of the akim of area (the city of republican value and the capital).

5. The commission consists of the Chairman, the vice-chairman, the secretary and members of the commission. The general structure of the Commission is created of five people. The secretary is not member of the commission.

6. The Commissions are included representatives of law-enforcement bodies, local representative and executive bodies.

7. Commission chairman is the head of local body for questions of employment of the population (further – MOZN).

8. The vice-chairman of the Commission is elected on the first commission session from among her members by open voting by a simple majority vote.

9. Functions of working body of the Commission are assigned to MOZN.

10. Commission session is held by the Commission chairman, and in its absence the vice-chairman.

11. Commission session is held in process of receipt of addresses of persons who are looking for shelter and refugees.

12. Commission session is competent with participation at least two third members of the commission.

In the one-day time of day after holding meeting by the Commission the following decisions are made:

1) about assignment of the status of the refugee;

2) about prolongation of the status of the refugee;

3) about deprivation of the status of the refugee;

4) about the termination of the status of the refugee.

13. Decisions of the Commission are made by a simple majority vote by open voting and are considered accepted if for them the majority of votes from total number of the participating members of the commission is given. In case of equality of votes of members of the commission, accepted is considered the decision for which the Chairman voted.

14. By results of commission session the protocol which is signed by the Chairman and the present members of the commission is constituted.

15. Decisions of the Commission have advisory nature.

16. The special opinion of the member of the commission is stated in writing and applied to the minutes.

Chapter 3. Main objectives and functions of the Commission

17. The main objectives of the Commission are:

1) joint consideration of materials of cases of the refugee and pronouncement on them of decisions on assignment, prolongation, deprivation and the terminations of the status of the refugee according to the Law of the Republic of Kazakhstan "About refugees";

2) non-admission of dispatch or expulsion of persons who are looking for shelter and refugees on country border where their life or freedom danger on the basis of race, religions threatens, to nationality, nationality, belonging to certain social group or political convictions.

18. Treat the main functions of the Commission:

1) consideration of case papers of person who is looking for shelter and the refugee;

2) sending an inquiry in state bodies and the organizations, irrespective of patterns of ownership, and also in the international organizations deployed in the Republic of Kazakhstan for receipt of the information required;

3) the invitation to meeting and hearing of persons who are looking for shelter, refugees, representatives of state bodies and the organizations irrespective of patterns of ownership, and also the international organizations deployed in the Republic of Kazakhstan;

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