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ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of September 23, 2014 No. 388

About approval of Rules of execution of court verdicts about lifelong prohibition to hold pedagogical positions and positions, work-related with minors

For the purpose of realization of Item 1 of Article 72 of the Penitentiary code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of execution of court verdicts about lifelong prohibition to hold pedagogical positions and positions, work-related with minors.

2. To department of preschool and secondary education, information technologies (Zhontayeva Zh. A.):

To provide 1) in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) after state registration in the Ministry of Justice of the Republic of Kazakhstan to provide official publication of this order in periodic printing editions and in information system of law of Ad_let;

3) to bring this order to the attention of departments of education of areas, cities of Astana and Almaty.

3. To impose control of execution of this order on the vice-Minister of Education and Science Imangaliyev E. N.

4. This order becomes effective since January 1, 2015 and is subject to official publication.

Minister

A. Sarinzhipov

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan on September 23, 2014 No. 388

Rules of execution of court verdicts about lifelong prohibition to hold pedagogical positions and positions, work-related with minors

1. General provision

1. Rules of execution of court verdicts about lifelong prohibition to hold pedagogical positions and positions, work-related with minors (further - Rules), are developed for the purpose of realization of Item 1 of Article 72 of the Penitentiary code of the Republic of Kazakhstan.

2. The organizations in these rules are implied as the organizations determined by item 4 of article 40 of the Law of the Republic of Kazakhstan "About education" (further - the organizations).

3. These rules determine procedure for execution of court verdicts about lifelong prohibition to hold pedagogical positions and positions, work-related with minors.

2. Procedure for execution of prohibition on occupation of pedagogical position and position, work-related minors in the organizations

4. The head of the organization irrespective of patterns of ownership (further - the head) in case of acceptance to pedagogical position or position, work-related with minors, requests from person information on availability or lack of data on accounting of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan on making of crimes by it.

5. The head within seven calendar days before decision making about acceptance of person for work performs check of reliability of data on absence at the candidate of deprivation of the right for life to hold pedagogical positions and positions, work-related with minors, in territorial authority of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and service of probation at the place of residence about reliability.

6. The head within one calendar day relieves the worker of the post:

1) in case of receipt of the copy of court verdicts, taken legal effect, about prohibition the worker for life to hold pedagogical position and positions, work-related with minors;

2) in case of detection or concealment by the pedagogical worker of court verdicts about deprivation of its right to hold pedagogical positions.

At the same time other work, work-related with minors cannot be provided to the pedagogical worker.

7. In case of termination of the employment contract on occupation pedagogical activities which is prohibited the worker according to the court verdict the head within seven calendar days informs on the taken measures local executive bodies in the field of education and criminal and performing system of law-enforcement bodies.

8. The head in execution of court verdicts no more once a year carries out reconciliations about lack of restrictions at pedagogical workers for lifelong prohibition on occupation pedagogical positions and positions, work-related with minors, with territorial authorities of Committee of legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan.

9. The head according to Item 3 of Article 26 of the Labor code of the Republic of Kazakhstan does not sign the employment contract with the citizens deprived of the right to hold certain position or to be engaged in certain activities, according to taken legal effect of court verdicts.

 

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