Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2009 No. 216-IV ZRK

About refugees

(as amended on 29-06-2021)

This Law determines legal status of persons who are looking for shelter and refugees in the territory of the Republic of Kazakhstan.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the refugee - the foreigner who owing to reasonable concerns to fall victim of prosecutions on the basis of race, nationalities, religions, nationality, belonging to certain social group or political convictions is out of the country of the civil accessory and cannot use protection of the country or does not wish to use such protection owing to such concerns or the stateless person, being out of the country of the permanent residence or civil accessory which cannot or do not wish to return to it owing to these concerns;

2) the certificate of the refugee - the identity document and the confirmatory status of the refugee;

3) it is excluded

4) the safe third country - the country in which person who is looking for shelter temporarily was before arrival in the Republic of Kazakhstan and where to it it can be provided or access to effective mechanisms of protection and determination of the status of the refugee was provided;

5) shelter - provision of protection in the territory of the Republic of Kazakhstan to persons who are looking for shelter by assignment of the status of the refugee;

6) person who is looking for shelter - the foreigner or the person without citizenship who showed willingness to address for shelter in the Republic of Kazakhstan before acceptance of the final decision by authorized body according to their petition for assignment of the status of the refugee;

7) the certificate of person who is looking for shelter - the document issued by authorized body, confirming registration of the petition for assignment of the status of the refugee;

8) authorized body - the state body performing management in the sphere of regulation of the relations concerning refugees;

9) country of source - the country of civil accessory of the foreigner or the permanent residence of the stateless person.

Article 2. Coverage of this Law

1. This Law governs the public relations in the field of legal status of persons who are looking for shelter and refugees in the territory of the Republic of Kazakhstan.

2. Operation of this Law does not extend to the relations connected with provision of political asylum in the territory of the Republic of Kazakhstan and also to persons who left the country of the nationality or the country of the permanent residence in connection with the economic reasons.

Article 3. Legislation of the Republic of Kazakhstan on refugees

1. The legislation of the Republic of Kazakhstan on refugees is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. The basic principles of state policy concerning refugees

The basic principles of state policy concerning refugees are:

1) providing persons who are looking for shelter and refugees the right to shelter according to the procedure established by this Law;

2) inadmissibility of discrimination based on social origin, race, nationality, nationality, religion and political convictions when holding procedures for assignment of the status of the refugee;

3) maintaining confidentiality of information on private life of persons who are looking for shelter and refugees;

4) assistance to reunion of the separated families of persons who are looking for shelter and refugees;

5) protection of the rights of the children refugees who are in the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan on the child's rights;

6) non-admission of expulsion of persons who are looking for shelter and refugees in the presence of the bases provided by part two of Item 2 of article 18 of this Law.

Article 5. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy concerning refugees;

2) adopts regulatory legal acts concerning refugees within the competence;

3) is determined by procedure for assignment, prolongation, deprivation and termination of the status of the refugee;

4) determines Items of the temporary settlement in case of mass inflow of persons who are looking for shelter and makes decisions on these questions;

4-1) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

5) performs other powers provided by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 6. Competence of authorized body

Authorized body:

1) realizes state policy concerning refugees;

Develops 2), approves regulatory legal acts concerning refugees within the competence;

2-1) performs coordination and methodical management of local executive bodies concerning refugees;

3) is performed by international cooperation concerning refugees;

4) the subitem 4) of Article 6 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

5) No. 159-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2014

6) exercises the state control of compliance with law of the Republic of Kazakhstan about refugees;

7) is approved by order of registration and considerations of the petition for assignment of the status of the refugee, samples of the certificate of person who is looking for shelter;

8) assists in limits of the competence to person recognized as the refugee in receipt of information on the relatives living in country of source;

9) grants the certificate of person who is looking for shelter;

10) performs procedures of assignment, prolongation, deprivation and the termination of the status of the refugee;

11) is approved by sample of the travel document, performs certification of the refugee and the travel document;

Creates 12) and monthly sends lists of persons who are looking for shelter and refugees to bodies of homeland security;

Develops 13) and approves regulations on the commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee, and also creates said commission;

13-1) provides observance of the rights of persons who are looking for shelter and refugees;

13-2) performs registration of persons who are looking for shelter and refugees;

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