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I.O'S ORDER. MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2016 No. 138

About approval of the standard of rendering special social services to the victims of human trafficking

According to the subitem 2) article 8 of the Law of the Republic of Kazakhstan of December 29, 2008 "About special social services" PRIKAZYVAYU:

1. Approve the enclosed standard of rendering special social services to the victims of human trafficking.

2. To provide to social services department in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within five working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order its direction for official publication in periodic printing editions and information system of law of Ad_let;

4) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Zhakupova S. K.

4. This order becomes effective after ten calendar days after day of its first official publication.

Acting minister of health care and social development of the Republic of Kazakhstan

B. Nurymbetov

It is approved

Minister of Education and Science of the Republic of Kazakhstan

February 26, 2016

 

_______________ E.Sagadiyev

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan

February 25, 2016

 

_______________ K. Kasymov

Approved by the Order of the acting minister of health care and social development of the Republic of Kazakhstan of February 24, 2016, No. 138

Standard of rendering special social services to the victims of human trafficking

1. General provisions

1. The standard of rendering special social services to the victims of human trafficking (further - the standard) is developed according to the Law of the Republic of Kazakhstan of December 29, 2008 "About special social services".

2. This standard establishes amount and requirements to conditions and procedure for provision of special social services in the organizations rendering special social services of the state and non-state patterns of ownership (further - the organization) intended for day stay (from 1 tofour o'clock in day), temporary round-the-clock (for up to 6 months) or long accommodation (in case of treaty extension) to the victims of human trafficking (further - receivers of services), determines procedure for organization activity, condition of provision, termination (suspension) of rendering special social services.

3. The terms and determinations used in this standard:

1) the victim of human trafficking - physical person concerning which there are bases to believe that it directly suffered from the offense connected with human trafficking irrespective of availability of the fact of initiation of criminal proceedings concerning committed actions;

2) identification of the victim of human trafficking - reference of person to victims of the ill treatment which led to social disadaptation and social deprivation owing to the actions connected with human trafficking, including minor, other types of their operation, and also kidnapping according to Criteria for evaluation of availability of the ill treatment which led to the social disadaptation and social deprivation approved by the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 22, 2014 No. 630, of the Minister of Education and Science of the Republic of Kazakhstan of September 26, 2014 No. 399 and the Minister of health and social development of the Republic of Kazakhstan of November 19, 2014 No. 240 (it is registered in the Register of state registration of regulatory legal acts No. 10013) (further - Criteria);

3) resocialization - complex of the psychological, pedagogical, professional and legal measures directed to recovery interrupted or strengthening of the social communications of the individual weakened by circumstances, and also other actions directed to reintegration of the victims of human trafficking into family and society.

4. The organizations are created in type:

1) center of recovery of victims of human trafficking;

2) center of the public assistance to the victims of human trafficking;

3) shelter for the victims of human trafficking;

4) other organizations rendering services to the victims of human trafficking.

5. The organizations accept physical persons, including minors, from among citizens of the Republic of Kazakhstan, and also foreigners and persons without citizenship who are constantly living in the territory of the Republic of Kazakhstan, including the identity documents which for various reasons do not have if other is not provided by the international treaties ratified by the Republic of Kazakhstan.

6. Medical contraindications to finding of receivers of services in the organizations are availability:

1) the mental diseases which are followed by the disorders of behavior dangerous to the most sick and people around;

2) tuberculosis in active stage of process, infectious diseases, quarantine infections, infectious diseases of skin and hair;

3) conditions of alcoholic, drug intoxication;

4) terminal (final) stage of disease which requires service of palliative care and sisterly leaving;

5) other diseases and (or) injuries requiring hospitalization in the specialized medical organizations.

Persons with the above-named medical contraindications are subject to the direction in the relevant organizations of health care.

2. Tasks and functions of the organization

7. The main objectives of the organization are:

1) identification of the victim of human trafficking;

2) ensuring protection and the help by means of rendering services according to the individual plan;

3) assistance to process of resocialization of the receiver of services in society;

4) providing security measures during stay and accommodation of the receiver of services;

5) maintaining confidentiality of the identity of the receiver of services and his private life.

8. The main functions of the organization are:

1) acceptance and (or) accommodation of receivers of services, holding actions for resocialization;

2) in case of accommodation of the receiver of services provision of bed, providing with bedding, personal care products, and if necessary underwear, clothes and footwear;

3) creation in the organization of favorable moral and psychological climate;

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