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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 6, 2017 No. 175

About approval of Rules of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed

(as amended on 12-04-2021)

According to part one of Article 70 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, article 28 of the Law of the Republic of Kazakhstan of June 19, 1995 "About legal status of foreigners" and article 60 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of April 6, 2017 No. 175

Rules of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed

Chapter 1. General provisions

1. These rules of expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person forcibly, and also contents in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel is passed are developed according to part one of Article 70 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, article 28 of the Law of the Republic of Kazakhstan of June 19, 1995 "About legal status of foreigners", article 60 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" and determine procedure for content in special facility of law-enforcement bodies of the expelled person concerning which the judgment about preventive restriction of freedom of travel, and the implementation of expulsion of the foreigner or stateless person which are subject to expulsion out of limits of the Republic of Kazakhstan is passed.

Chapter 2. Procedure for expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person forcibly

2. Punishment about expulsion of the foreigner or stateless person is performed by bodies of homeland security and internal affairs of the Republic of Kazakhstan.

3. Execution of the sentence which took legal effect, decisions, court orders on expulsion of the foreigner or stateless person which did not leave the territory of the Republic of Kazakhstan in time, specified in court resolution about expulsion, is made forcibly after execution of main type of punishment.

4. The authorized bodies and/or persons responsible for execution of main type of punishment inform law-enforcement bodies on execution concerning the foreigner or the stateless person which is subject to expulsion, main type of punishment.

5. Law-enforcement bodies from the moment of receipt of the relevant information hold events for the organization of expulsion of the foreigner or the stateless person (determination of route, the place of crossing of Frontier and acquisition of tickets), and also inform the Border service of Committee of homeland security of the Republic of Kazakhstan (further - the Border service) on the forthcoming expulsion.

6. Expulsion of the foreigner or stateless person is performed by its forwarding by law-enforcement bodies to the check point through Frontier on rail transport. In the absence of railway service (route) expulsion is performed by other modes of transport (air, automobile or water).

In case of finding of the expelled foreigner or the stateless person in one settlement with the check point through Frontier, its forwarding it is performed on road transport or in pedestrian procedure.

The foreigners or stateless persons accepted from foreign state according to the international treaty on readmission ratified by the Republic of Kazakhstan, but which do not have legal causes for entrance and stay in the Republic of Kazakhstan are subject to expulsion if between the Republic of Kazakhstan and the state of civil accessory or permanent (preferential) residence of such person there is no international treaty on readmission ratified by the Republic of Kazakhstan.

7. The border service performs the omission of the specified category of foreigners or stateless persons through Frontier in the procedure established by the legislation of the Republic of Kazakhstan.

8. At the check point through Frontier officials of law-enforcement bodies and the Border service draw up the statement of expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person who is signed by them after crossing by the expelled foreigner or stateless person of Frontier.

9. Expenses on expulsion incur expelled, the physical persons or legal entities which invited the foreigner or the stateless person to the Republic of Kazakhstan or using its work at the time of factual determination of illegal stay of the foreigner or the stateless person in the Republic of Kazakhstan. In cases of absence or insufficiency of means at the called persons for covering of expenses on expulsion, financing of the relevant activities is made at the expense of budgetary funds, at the same time the means spent for expulsion are subject to compensation judicially in claims of the interested state bodies to the above-named persons.

10. The expense budget, connected with expulsion of the foreigner or stateless person, joins cost:

the travel documents for the foreigner or the stateless person and also accompanying it the staff of law-enforcement bodies;

document creation and making of other actions connected with expulsion.

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