Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of August 8, 2002 No. 345-II

About the child's rights in the Republic of Kazakhstan

(as amended on 26-06-2021)

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 proceeding from the principles of priority of training of children for full-fledged life in society, development in them of socially significant and creative activity, education in them high moral qualities, patriotism and civic consciousness, forming of national consciousness on the basis of universal values of world civilization.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the child, 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 who are in difficult life situation, 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;

5) social adaptation of the child - process of active adaptation of the child who is in difficult life situation 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;

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 handicapped child - 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) child(children) who is in difficult life situation - child(children) whose activity is broken as a result of the developed circumstances provided by the Law of the Republic of Kazakhstan "About special social services" and who cannot overcome these circumstances independently or by means of family;

13) patronage - education form in case of which the child, without parental support, is given to education to seven citizens under the contract signed by authorized state body and person (the foster tutor) who expressed desire to take the child on education;

14) No. 240-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 01.04.2019;

15) 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.

Article 2. Operation of this Law

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.

Article 3. Legislation of the Republic of Kazakhstan on the child's rights

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.

Article 4. Equality 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.

Article 5. Prohibition of restriction of the rights of the child

The rights of the child cannot be limited, except as specified, established by the laws of the Republic of Kazakhstan.

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