Article 14. Educational organizations with a special content regime of the Law on the Prevention of Juvenile Delinquency and the Prevention of Child Neglect and Homelessness

Home / RLA / Article 14. Educational organizations with a special content regime of the Law on the Prevention of Juvenile Delinquency and the Prevention of Child Neglect and Homelessness

1. Educational organizations with a special regime of detention are educational or medical educational institutions and are established in order to provide special conditions for the upbringing, education and social rehabilitation of minors.

2. Minors between the ages of eleven and eighteen who need special conditions of upbringing and education and require a special pedagogical approach are placed in educational institutions with a special regime of detention.:

1) those who have committed particularly serious crimes or two or more socially dangerous acts, in respect of which the pre-trial investigation was terminated due to the failure to reach the age from which criminal responsibility begins, or reconciliation;

2) in cases where they have been convicted of committing a crime of moderate gravity or a serious crime and released by the court from criminal liability and punishment in accordance with the procedure provided for in Article 83 of the Criminal Code of the Republic of Kazakhstan.

3. The decision on the expediency of sending minors who have not reached the age of criminal responsibility to educational institutions with a special regime of detention is made by the court on the recommendation of the internal affairs body.

The submission on the transfer of the minor referred to in subparagraph 1) of paragraph 2 of this article to an organization with a special regime of detention shall be sent by the internal affairs bodies to the court within thirty days from the date of the decision to terminate the criminal case against the said minor.

In exceptional cases, this period may be extended up to thirty days on the basis of a resolution of the internal affairs bodies or the prosecutor.

4. The materials referred to in paragraph 3 of this article shall be submitted to the minor and his legal representatives for review before they are sent to the court.

Interested persons make a corresponding entry in the submitted material about familiarization with the specified materials.

5. A minor may be sent to an educational institution with a special regime of detention for a period of six months to two years.

The grounds for the detention of a minor in educational institutions with a special regime of detention are:

1) court order – in respect of the persons specified in subparagraph 1) of paragraph 2 of this Article;

2) the verdict of the court – in respect of the persons specified in subparagraph 2) of paragraph 2 of this Article.

6. The stay of a minor in an educational institution with a special regime of detention 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 an educational institution with a special regime of detention, the court concludes that the minor no longer needs to apply this measure to correct himself.

7. The period of stay of a minor in an educational institution with a special regime of detention, determined by a court, may be extended in accordance with the procedure established by paragraph 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, with the consent or at the request of the minor;

2) committing a socially dangerous act containing signs of a criminal offense before reaching the age from which criminal liability begins.

8. When considering the issue of sending a minor to an educational institution with a special detention regime, the participation of a prosecutor is mandatory.

9. The collection of documents necessary for the placement of minors in educational institutions with a special regime of detention is provided by the internal affairs bodies.

10. The procedure for sending minors specified in subparagraph 1) of paragraph 2 of this article to educational institutions with a special detention regime is determined by the Civil Procedure Code of the Republic of Kazakhstan.

The procedure for sending minors specified in subparagraph 2) of paragraph 2 of this article is determined by the Criminal Procedure Code of the Republic of Kazakhstan.

11. Administration of educational institutions with a special regime of detention:

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

2) informs the internal affairs bodies at the location of the educational organization with a special regime of detention 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 an educational institution with a special regime of detention 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 individual preventive work with him in the future and assist him in labor and household arrangements.

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

13. The procedure for the establishment and organization of educational organizations with a special regime of detention 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.

14. The decision on the creation, reorganization and liquidation of educational organizations with a special maintenance regime 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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