of August 8, 2002 No. 345-II
About the child's rights in the Republic of Kazakhstan
This Law governs the relations arising in connection with realization of the basic rights and legitimate interests of the child guaranteed by the Constitution of the Republic of Kazakhstan.
In this Law the following basic concepts are used:
1) child(children) needing special social services - child(children) whose activity is broken as a result of the developed circumstances, stipulated by the legislation the Republic of Kazakhstan about social protection and who cannot overcome these circumstances independently or by means of family;
1-1) children, without parental support, - the child who was left without care of the only thing or both parents in connection with restriction or deprivation of their parent rights recognition of parents it is unknown absent, the announcement their dead, recognition incapacitated (it is limited by capable), serving by parents of punishment in places of detention, evasion of parents from education of the child or from protection of its rights and interests, including in case of refusal of parents to take the child from educational or medical institution, and also in other cases of lack of parent care;
2) the child - person who did not reach eighteen-year age (age of majority);
3) the organizations performing functions on protection of the rights of the child is the organizations performing social support, rendering social, medico-social, social and pedagogical, psychology and pedagogical, legal services and financial support, social resettlement of the children needing special social services, employment of such children of working-age on reaching them;
4) social resettlement of the child - action for recovery of the social communications and functions lost by the child, completion of the circle of life support, strengthening of care of it;
4-1) persecution (bulling) of the child - systematic (two and more times) the actions of humiliating nature, prosecution and (or) intimidation including directed to coercion to making or refusal of making of any action, and equally in the same actions, made publicly or with use of mass media and (or) networks of telecommunications, and (or) online platforms (kiberbulling);
5) social adaptation of the child - process of active adaptation of the child needing special social services to conditions of social environment by assimilation and perception of the values, rules and standards of behavior accepted in society and also process of overcoming consequences of psychological and (or) moral injury;
6) legal representatives of the child are parents, adoptive parents (adopters), the guardian, the custodian, the foster tutor, adoptive parents, other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan;
7) economic exploitation of the child are the worst forms of child labor, including trade in minors, their involvement in criminal activities or in making of antisocial actions, occupation prostitution, production of pornographic pictures or participation of minors in spectacular actions of pornographic nature, and also the work made by children is younger than the minimum age for the employment established by the laws of the Republic of Kazakhstan;
8) the orphan child - the child at whom both died or the single parent;
8-1) mentorship over orphan children, children without parental support (further - mentorship), - the activities directed to rendering individual support and the help in preparation for independent life of the orphan children, children without parental support who are in the organizations of education for the orphan children and children without parental support who reached ten-year age;
8-2) mentor for orphan children, children without parental support (further - the mentor), - the full age citizen of the Republic of Kazakhstan performing mentorship based on the standard agreement about mentorship;
8-3) The Ombudsman for Children in the Republic of Kazakhstan - person designated by the President of the Republic of Kazakhstan to whom functions on ensuring basic guarantees of the rights and legitimate interests of children, and also recovery of their violated rights and freedoms in interaction with the state and public institutes are assigned;
8-4) authorized body in the field of protection of the rights of children of the Republic of Kazakhstan - the central executive body determined by the Government of the Republic of Kazakhstan, performing management and cross-industry coordination in the field of protection of the rights of children;
9) guardianship - legal form of protection of the rights and legitimate interests of children aged from fourteen up to eighteen years;
10) guardianship - legal form of protection of the rights and legitimate interests of the children who did not reach fourteen years;
11) the state minimum social standards - the main indicators of quality assurance of life of children including the minimum amount of social services, regulations and standard rates established by the state;
12) the child with disability - person aged up to eighteen years having the violation of health with permanent disorder of functions of organism caused by diseases, injuries, their consequences, defects, leading to restriction of activity and need of its social protection;
12-1) target assets - the money intended for providing and implementation of payments of target accumulatings, and also other purposes provided by this Law;
12-2) receiver of target accumulatings - the citizen of the Republic of Kazakhstan who reached eighteen-year age, having the right to target accumulatings;
12-3) target accumulation account - the personal personalized account of the receiver of target accumulatings opened in the single accumulation pension fund according to this Law and the legislation of the Republic of Kazakhstan on which target accumulatings are considered and from which payments of target accumulatings are made;
12-4) payments of target accumulatings - the amount of the target accumulatings paid from target accumulation account to the receiver of target accumulatings, and also heirs according to the procedure, established by the legislation of the Republic of Kazakhstan;
12-5) participant of target requirements - the citizen of the Republic of Kazakhstan who did not reach eighteen years, having the right to target requirements;
12-6) regional Ombudsman for Children of area, the cities of republican value, the capital - the representative of the Ombudsman for Children in the Republic of Kazakhstan performing the activities on a voluntary basis to whom functions on ensuring basic guarantees of the rights and legitimate interests of children, and also recovery of their violated rights and freedoms in interaction with the state and public institutes on the corresponding administrative and territorial unit are assigned;
13) patronage - education form in case of which orphan children, children without parental support (parent), are given to foster education to families under the contract signed by the body performing functions on guardianship or custody and person which expressed desire to take child(children) on education;
14) No. 240-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 01.04.2019;
15) No. 148-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2024
16) target accumulatings from single pension accumulation fund for the purpose of improvement of housing conditions and (or) payment of education (further - target accumulatings) - the money which is saved up on target accumulation account of the receiver of target accumulatings at the expense of fifty percent from the average in eighteen years preceding accounting year, investment revenue of National fund of the Republic of Kazakhstan and average in eighteen years preceding accounting year, the investment revenue which is annually charged on this amount;
17) authorized operators - banks of the second level, the National operator of mail performing opening and maintaining bank accounts for transfer of payments of the target accumulatings listed by the single accumulation pension fund for the purpose of improvement of housing conditions and (or) payment of education.
1. Operation of this Law extends to citizens of the Republic of Kazakhstan. The child who is not the citizen of the Republic of Kazakhstan has the rights and freedoms in the Republic, and also performs the duties established for citizens if other is not provided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
2. Action of the regulations of this Law establishing the rights and the child's obligations extends to children who acquired civil capacity to act in full before age of majority, according to the laws of the Republic of Kazakhstan.
1. The legislation of the Republic of Kazakhstan on the rights of the child 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 in the field of protection of the rights of the child.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty, except as specified, when follows from the international treaty that its application requires the publication of the law of the Republic of Kazakhstan.
1. Main objectives of this Law are providing the rights and legitimate interests of children, consolidation of basic guarantees of the rights of the child and recovery of the rights in cases of their violations.
2. The basic principles of this Law are recognized:
1) priority of training of children for full-fledged life in society;
2) development in children of socially significant and creative activity;
3) development of high moral qualities, patriotism and civic consciousness, forming of national consciousness on the basis of universal values of world civilization.
3. The main objectives of this Law are:
1) legislative providing rights and legitimate interests of children, and also forming of the legal basis of guarantees of the rights of the child;
2) development and implementation of measures of providing rights of children;
3) assistance to physical, intellectual, spiritual and moral development of children, to forming of their sense of justice and legal culture, education in them of patriotism, civic consciousness and peacefulness, and also realization of the identity of the child for the benefit of society, traditions of the people of Kazakhstan, achievements of national and world culture;
4) creation of relevant organs and organizations for protection of the rights and legitimate interests of the child;
5) forming and ensuring effective functioning and enhancement of system of protection of the rights of children;
6) establishment of the state minimum social standards directed to improvement of life of children.
1. All children have the equal rights irrespective of origin, racial and national identity, social and property status, floor, language, education, the relation to religion, the residence, the state of health and other circumstances concerning the child and his parents or other legal representatives.
2. The children born both in scrap and out of it use equal and comprehensive protection.
The rights of the child cannot be limited, except as specified, established by the laws of the Republic of Kazakhstan.
It is excluded according to the Law of the Republic of Kazakhstan of 30.12.2024 No. 148-VIII ZRK
1. In the field of protection of the rights of children of the Republic of Kazakhstan treat powers of authorized body:
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