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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2022 No. 154-VII ZRK

About the Commissioner for Human Rights in the Republic of Kazakhstan

This Constitutional law determines legal status 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

The Commissioner for Human Rights in the Republic of Kazakhstan is person holding responsible state position which is established by 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.

Tasks of activities of the Commissioner for Human Rights in the Republic of Kazakhstan are assistance to recovery of the violated rights and freedoms of man and citizen, contribution to promotion of rights and freedoms of man and citizen.

Article 2. The principles and the legal basis of activities of the Commissioner for Human Rights in the Republic of Kazakhstan

1. The Commissioner for Human Rights in the Republic of Kazakhstan 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.

2. The Commissioner for Human Rights in the Republic of Kazakhstan performs the activities according to the Constitution of the Republic of Kazakhstan, this Constitutional law, other regulatory legal acts of the Republic of Kazakhstan, and also international treaties and other obligations of the Republic of Kazakhstan.

Chapter 2. Legal status of the Commissioner for Human Rights in the Republic of Kazakhstan

Article 3. Guarantees of activities of the Commissioner for Human Rights in the Republic of Kazakhstan

1. The Commissioner for Human Rights in the Republic of Kazakhstan when implementing the powers is independent and is not accountable to state bodies and officials.

2. The Commissioner for Human Rights in the Republic of Kazakhstan 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 Senate of Parliament of the Republic of Kazakhstan, except detention cases on the crime scene or making of heavy or especially serious crimes.

3. The rights of the Commissioner for Human Rights in the Republic of Kazakhstan 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 Commissioner for Human Rights in the Republic of Kazakhstan attracts the responsibility established by the laws of the Republic of Kazakhstan and is reflected in the annual report of the Commissioner for Human Rights in the Republic of Kazakhstan.

4. The Commissioner for Human Rights in the Republic of Kazakhstan is not subject to interrogation as the witness about the circumstances which became known to it in connection with accomplishment of the job responsibilities.

5. The right to safety when implementing the activities according to the laws of the Republic of Kazakhstan is guaranteed to the Commissioner for Human Rights in the Republic of Kazakhstan.

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