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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of March 19, 2003 No. 1042

About Commission on Human Rights in case of the President of the Republic of Kazakhstan

(as amended on 27-08-2021)

According to the subitem 20) article 44 of the Constitution of the Republic of Kazakhstan, Item 1 of article 33 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Approve enclosed:

1) Regulations on Commission on Human Rights in case of the President of the Republic of Kazakhstan;

2) structure of Commission on Human Rights in case of the President of the Republic of Kazakhstan.

2. Declare invalid the Presidential decree of the Republic of Kazakhstan of April 22, 1997 No. 3470 "About Commission on Human Rights in case of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1997, No. 16, Art. 128; 1998, No. 17, Art. 147; 2000, No. 17, Art. 167; 2001, Art. No. 36-37, 463).

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

President of the Republic of Kazakhstan

N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of March 19, 2003 No. 1042

Regulations on Commission on Human Rights in case of the President of the Republic of Kazakhstan

1. The Commission on Human Rights in case of the President of the Republic of Kazakhstan (further - the Commission) is the advisory advisory body promoting realization by the Head of state of its constitutional powers of the guarantor of the rights and freedoms of man and citizen recognized and guaranteed according to the Constitution of the Republic of Kazakhstan.

Coordination of activities of the Commission is performed by the state secretary of the Republic of Kazakhstan.

2. The commission in the activities is guided by the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, orders of the state secretary of the Republic of Kazakhstan, and also this Provision.

3. The main objectives of the Commission are:

1) creation of conditions for implementation by the President of the Republic of Kazakhstan of its constitutional status of the guarantor of rights and freedoms of man and citizen in the Republic of Kazakhstan;

2) assistance to enhancement of the mechanism of providing and protection of rights and freedoms of man and citizen;

3) assistance of activities of the central and local state bodies for realization of state policy in the field of providing and protection of rights and freedoms of man and citizen;

4) participation in development of concepts and programs of state policy in the sphere of providing and protection of human rights and freedoms;

5) assistance to strengthening international cooperation in the field of providing and protection of human rights and freedoms.

4. Competence of the Commission:

1) considers the addressed to the Head of state and directly the Commission of the address of citizens of the Republic of Kazakhstan, foreign citizens, stateless persons, and also the organizations containing information on the facts of violations of rights and freedoms of man and citizen;

2) prepares reports on situation with rights of man and citizen in the Republic of Kazakhstan addressed to the Head of state. These reports can be published in seal;

3) considers offers of state bodies, public associations, other organizations and citizens on the questions entering competence of the Commission;

4) develops offers on enhancement of the mechanism of providing and protection of rights and freedoms of man and citizen and submits them for consideration to the President of the Republic of Kazakhstan;

5) is analyzed by the legislation of the Republic of Kazakhstan raising the questions of providing and protection of rights and freedoms of man and citizen, participates in preparation of the bills regulating the matters;

6) prepares analytical materials, the expert and referral conclusions and offers on international treaties in the field of human rights;

7) takes part in work of the international organizations for human rights, other non-governmental human rights organizations.

5. The commission when implementing the powers in accordance with the established procedure interacts with public authorities, non-governmental human rights organizations, and also with mass media.

For the purpose of protection of rights and freedoms of man and citizen the Commission interacts with law enforcement agencies, the Commissioner for Human Rights in the Republic of Kazakhstan.

6. The commission for the purpose of realization of the tasks assigned to it has the right:

1) to request and receive necessary data, documents and materials from state bodies, and also the organizations and officials;

To hear 2) at the meetings information of the corresponding officials of state bodies on the questions connected with providing and protection of rights and freedoms of man and citizen;

3) to initiate verification by authorized state bodies of data on human rights violations and the citizen;

To attract 4) in accordance with the established procedure scientists and specialists to implementation of separate works;

5) to cooperate with Commissions on Human Rights and other similar structures of the State Parties of the Commonwealth of Independent States, and also other states for discussion of the questions connected with observance of basic rights and freedoms of man and citizen.

7. On the questions entering competence of the Commission, her members in the procedure established by the legislation have the right to visit public authorities, and also the state organizations.

8. Decisions of the Commission are the recommendations and the conclusions accepted at its meetings and which are brought to the attention of the President of the Republic of Kazakhstan.

Recommendations and the conclusions of the Commission are accepted by a simple majority vote from number of her members who are present at meeting. In case of equality of votes the decision for which voted presiding over meeting is deemed accepted.

9. Recommendations and the conclusions of the Commission accepted within its powers go to the relevant state body which competence includes the solution of question.

The state body and its officials who received recommendations and the decisions of the Commission shall consider at the scheduled time them and notify it on the made decision.

10. The commission consists of the chairman, the secretary and members of the commission approved as the President of the Republic of Kazakhstan on representation of the state secretary of the Republic of Kazakhstan.

The chairman and members of the commission participate in its work on a voluntary basis.

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