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ALIN Legislative News

What changes are waiting for Kazakhstanis
  • Author Institute of Legislation and Legal Information of the Republic of Kazakhstan Country Kazakhstan Date 2023-09-22

ALIN Legislative News

From Institute of Legislation and Legal Information

of the Republic of Kazakhstan

 

 What changes are waiting for Kazakhstanis from

May 2023

 

Administrative reform

Amendments have been made to the constitutional laws on administrative reform in the Republic of Kazakhstan.

As a result, the government is deprived of a number of functions: the implementation of structural and investment policy, as well as the formation of state policy in the field of culture, education, health, tourism and sports is excluded. Also, the government will not enforce the laws of the republic, monitor their implementation by ministries and local executive bodies.

State policy on investment, development of culture, education, health, tourism and sports is formed by ministries within their competence.

The competence of the government to:

• organization of work on the production of standards of the National Flag and the State Emblem of the Republic of Kazakhstan, corresponding to national standards and their images;

• approval of the rules for the replacement and destruction of the State Flag, the State Emblem of the Republic of Kazakhstan, which do not comply with national standards.

In addition, amendments are being made to a number of legislative acts on administrative reform in the Republic of Kazakhstan.

As a result of the adoption of the documents, the autonomy of public administration will increase and the personal responsibility of the heads of state bodies will increase.

 

Prevention of torture, ill-treatment

Amendments are being put into effect on human rights issues in the field of criminal proceedings, the execution of punishment, as well as the prevention of torture and other cruel, inhuman or degrading treatment.

In particular, the new version sets out Article 146 of the Criminal Code "Cruel, inhuman or degrading treatment, torture". Part 1 of this article establishes liability for cruel, inhuman or degrading treatment in the form of a fine of up to 2,000 MCI or correctional or community service.

The concept of "a person acting in an official capacity" is introduced – a person who does not fall under the definitions of an official or a representative of the authorities used in this Code, who has administrative powers in relation to a person being held, undergoing treatment, studying or being brought up on a permanent, temporary or periodic basis in an organization with which a person is in an employment relationship, including: an employee of an educational, educational, medical, medical and social institution (organization), a teacher, an instructor, a medical worker, as well as employees under a contract.

The term of punishment for calls for active disobedience to the legitimate demands of government officials and for mass riots or provocation of mass riots, as well as calls for violence against citizens, has been increased from 3 to 5 years (previously the term was up to 3 years).

The same acts committed with the help of mass media and the Internet are punishable by restriction of liberty for a term of three to seven years or imprisonment for the same term.

The document also expands the possibilities of audio and video recording of investigative actions to prevent illegal actions.

The amendments provide for a postponement of serving a sentence due to illness. However, the postponement does not apply to persons convicted of a crime against the sexual integrity of minors, except in the case of the commission of such a crime by a minor against a minor aged 14 to 18 years, a terrorist or extremist crime that caused the death of people or associated with the commission of a particularly serious crime, as well as a crime committed as part of a criminal group.

Criminal liability for hooliganism committed by a criminal group is now established by a separate part 4 of Article 293 of the Criminal Code – imprisonment for a term of five to seven years.

 

Labor relations

The following are excluded from the competence of the Government:

• determining the amount of social benefits for temporary disability;

approval of the Model Regulations on the conditions of remuneration and bonuses for senior national employees

• companies, joint-stock companies, controlling stakes of which belong to the state;

• conclusion of a general agreement with republican associations (associations, unions) of employers and republican associations of employees;

• establishment of the procedure for the adoption of regulatory legal acts in the field of occupational safety and health by the relevant authorized bodies.

The functions of the Ministry of Labor have been added:

• formation and implementation of the state policy in the field of labor, safety and labor protection;

• determination of the amount of social benefits for temporary disability;

• transfer of weekends to other working days in order to rationalize the use of working time during the holidays.

 

Author: Lugovskaya N.

Topic: Legislative changes since May 2023

Jurisdiction: The Republic of Kazakhstan

Date: May 1, 2023

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