LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 2004 No. 591-II

About prevention of offenses among minors and the prevention of children's neglect and homelessness

This Law determines legal, economic and social basis of activities of state bodies for prevention of offenses among minors and to the prevention of children's neglect and homelessness.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) social resettlement - the package of measures performed by bodies and organizations of system of prevention of offenses, neglects and homelessnesses among the minors directed to legal, social, physical, mental, pedagogical, moral and (or) material recovery of the minor needing special social services;

2) it is excluded

3) prevention of offenses among minors and the prevention of children's neglect and homelessness - (further - prevention of offenses, neglects and homelessnesses among minors) - system of the legal, pedagogical and other measures directed to the prevention of offenses, neglects, homelessness and antisocial actions among minors, identification and elimination of the reasons and conditions, promoting them, performed in total with measures of individual prevention with minors, parents or other legal representatives of minors, not the acting as on their education, training or content or negatively influencing their behavior, and also the other persons involving minors in making of offenses or antisocial actions;

4) content of the minor - creation by parents or other legal representatives of the minor of conditions for its full development, protection of its property and non-property rights and interests and the state minimum social standards;

5) education of the minor - continuous process of impact on the child from parents or other legal representatives, and also employees of state bodies on instilling of the rules and standards of behavior accepted in society and directed to its spiritual, physical, moral, mental, cultural, intellectual development and protection against negative influence of social environment in it;

6) neglected - the minor, control of whose behavior is absent owing to non-execution or improper execution of obligations on his education, training and (or) content from parents or their legal representatives, and also the teachers, tutors and other employees of educational, educational and other institution obliged to exercise supervision of minors or owing to its unauthorized withdrawal from the house or the organizations performing functions on protection of the rights of the child;

7) neglect - the social phenomenon which is characterized by lack of proper control of behavior and conduct of life of minors, promoting making of offenses by them;

8) it is excluded

9) homeless - neglected, not taking the places of residence;

10) dysfunctional family - family where parents or legal representatives of minors do not fulfill the duties on their education, training, content and (or) negatively influence their behavior.

Article 2. The legislation of the Republic of Kazakhstan on prevention of offenses, neglects and homelessnesses among minors

1. The legislation of the Republic of Kazakhstan on prevention of offenses, neglects and homelessnesses among minors 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 contain in this Law then are applied rules of the international treaty.

Article 3. State policy in the field of prevention of offenses, neglects and homelessnesses among minors

1. State policy in the field of prevention of offenses, neglects and homelessnesses among minors is part of legal policy and includes creation of legal and social guarantees for minors, material, financial, scientific and methodical and staffing of the bodies and organizations constituting system of prevention of offenses, neglects and homelessnesses among minors.

2. State policy in the field of prevention of offenses, neglects and homelessnesses among minors is performed on the principles:

1) legality;

2) humane treatment of minors;

3) family support;

4) complexity of application of measures of prevention of offenses, neglect and homelessness among minors;

5) individual approach to each minor needing special social services;

6) confidentiality;

7) scientific justification;

8) systemacities.

3. The purpose of state policy is the prevention of offenses, neglects and homelessnesses among minors performed in the way:

1) assistance to physical, intellectual, spiritual and moral development of children, education in them of patriotism, civic consciousness and peacefulness, and also education of the identity of the child combined with interests of society, traditions of the people of the state, achievements of national and world culture;