Article 13. Special educational organizations The Law on the Prevention of Juvenile Delinquency and the Prevention of Child Neglect and Homelessness

Home / RLA / Article 13. Special educational organizations The Law on the Prevention of Juvenile Delinquency and the Prevention of Child Neglect and Homelessness

1. Special educational organizations are educational or medical educational institutions and are established for the purpose of providing education, training and social rehabilitation of minors aged eleven to eighteen years who systematically commit offenses involving administrative measures, maliciously evade primary, basic secondary and general secondary education, systematically commit unauthorized departures. from families and children's educational organizations that commit other antisocial acts.

2. The decision on the expediency of sending minors to special educational institutions is made by the court at the request of the body performing the functions of guardianship or guardianship, or by the internal affairs body. When considering the issue of sending minors who abuse alcoholic beverages, narcotic drugs and psychotropic substances and their analogues to special educational institutions, it is mandatory to study the expediency of prescribing treatment for mental and behavioral disorders (diseases) associated with the use of psychoactive substances.

3. A minor may be sent to a special educational institution for a period of one month to one year.

4. The stay of a minor in a special educational organization may be terminated prematurely due to the person reaching the age of majority, and also if, on the basis of a submission from the administration of the institution or the territorial commission for minors and the protection of their rights, the court at the location of the special educational organization concludes that the minor no longer needs to apply this measure to correct himself.

5. The period of stay of minors in special educational organizations determined by the court may be extended by the court at the location of the special educational organization in accordance with the procedure established by paragraphs 2 and 3 of this Article, only in the following cases::

1) the need for a minor to complete general education or vocational training, but no more than before reaching the age of majority, on the basis of the minor's petition;

2) systematic commission of offenses involving administrative measures, malicious evasion from secondary education, unauthorized departures from special educational organizations, and other antisocial acts.

6. If a pupil of a special educational organization commits a socially dangerous act containing signs of a crime before reaching the age from which criminal responsibility begins, he may be sent to an educational organization with a special regime of detention in accordance with the procedure established by Article 14 of this Law.

7. When considering the issue of sending minors to special educational institutions, the participation of a prosecutor is mandatory.

8. The collection of documents necessary for the placement of minors in special educational institutions is provided by the state bodies responsible for the identification and registration of minors specified in paragraph 1 of this Article.

8-1. The procedure for sending a minor to special educational institutions is determined by the Civil Procedure Code of the Republic of Kazakhstan.

9. Administration of special education organizations:

1) provides special conditions for the detention of minors, including protection of the territory of the specified institution, personal safety of pupils and their maximum protection from negative influence, restriction of free entry into the territory of the specified institution by unauthorized persons and unauthorized departure of pupils from it, round-the-clock supervision and control of minors, including during the time allotted for sleep, conducting a personal inspection of minors, their belongings and sleeping quarters;

2) informs the internal affairs bodies at the location of the specified institution and at the place of residence of minors about the facts of their unauthorized departure and takes a direct part in their search and return;

3) send to the commission for Juvenile Affairs and protection of their rights at the minor's place of residence a notice of his release from the specified institution no later than one month before the end of the stay, as well as a description of the minor and recommendations on the need to carry out further measures of individual prevention and assistance in his work and household arrangements..

10. Minors who have illnesses that prevent their maintenance and education in these institutions may not be placed in special educational institutions. The list of such diseases is approved by the authorized body in the field of healthcare.

11. The procedure for the establishment, organization of the activities of special educational organizations and the conditions of detention of minors in them are determined by the regulations on these organizations, approved by the central executive body of the Republic of Kazakhstan in the field of education.

12. The decision on the creation, reorganization and liquidation of special educational organizations is made by local executive bodies.

The Law of the Republic of Kazakhstan dated July 9, 2004 No. 591.

This Law defines the legal, economic and social foundations of the activities of State bodies for the prevention of juvenile delinquency and the prevention of child neglect and homelessness.

President

Republic of Kazakhstan

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