Article 2. The basic concepts used in this Law are the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society.
The following basic concepts are used in this Law:
Note from <url>! Subparagraph 1) is amended by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication).
1) special receiver - a special institution of the internal affairs bodies intended for the reception and detention of persons subjected to administrative arrest, foreigners and stateless persons subject to compulsory expulsion;
2) special institutions - pre-trial detention facility, temporary detention facility, distribution receiver, special receiver;
2-1) special room – a room intended for short-term restriction of personal freedom of an individual, a representative of a legal entity, or an official for a period established by law in order to prevent an administrative offense or ensure administrative proceedings;
3) a person subjected to administrative arrest is a person against whom a court has issued an administrative arrest order.;
4) a person who does not have a specific place of residence is a person who does not have registration at the place of residence or home in the territory of the Republic of Kazakhstan.;
5) solitary confinement is a special room intended for the detention of one person in custody in order to isolate him as completely and strictly as possible;
5-1) a guardhouse is a special room equipped with military police bodies that legally provides temporary isolation from the society of military personnel.:
subjected to administrative arrest;
persons detained on suspicion of committing criminal offenses, as well as suspects accused of committing a crime, defendants in respect of whom detention has been chosen as a preventive measure.;
those sentenced to arrest;
persons sentenced to imprisonment – until the court's verdict of guilty enters into legal force and they are referred to the penal enforcement authorities.;
6) preventive restriction of freedom of movement is a measure of individual prevention of offenses, consisting in temporary isolation in a special institution of the internal affairs bodies.:
persons who do not have a specific place of residence and/or identity documents, in the absence of signs of criminal and administrative offenses in their actions and if it is impossible to establish the identity of such persons by other means.;
foreigners and stateless persons who are subject to compulsory expulsion on the basis of a verdict, decision, or court order that has entered into force, as well as those who have not left the territory of the Republic of Kazakhstan within the time period specified in the judicial act on expulsion;
7) excluded by the Law of the Republic of Kazakhstan dated 04/18/2017 No. 58-VI (effective ten calendar days after the date of its first official publication);
8) receiver-distributor is a special institution of the internal affairs bodies intended for the reception and detention of persons who do not have a specific place of residence and (or) identity documents, in the absence of signs of criminal and administrative offenses in their actions and the impossibility of establishing their identity by other means, as well as persons subjected to administrative arrest in the following cases: provided for in paragraph 5 of Article 46-6 of this Law;
9) cell - a room for holding persons placed in a distribution receiver, a special receiver, a temporary detention facility, a pre-trial detention facility;
10) detention in custody – temporary isolation of persons established by the laws of the Republic of Kazakhstan with court approval in a temporary detention facility, pre-trial detention facility or in a guardhouse;
10-1) disciplinary detention facility – a cell designed to hold one person who has committed a serious violation of the established procedure of detention;
11) pre–trial detention facility - a special facility designed for detention:
suspects and accused of committing a crime, in respect of whom detention has been chosen as a preventive measure;
those sentenced to arrest;
persons sentenced to imprisonment;
persons sentenced to imprisonment who have been abandoned or sent to perform household maintenance work;
convicted persons who arrived from institutions in accordance with article 88 of the Penal Enforcement Code of the Republic of Kazakhstan;
11-1) temporary isolation room – a cell intended for the detention of minors who have committed a violation of the established order of detention;
11-2) a room for temporary detainees is a special adapted room intended for the forced detention of military personnel for a period established by law in order to prevent an administrative offense or ensure administrative proceedings.;
12) a temporary detention facility is a special institution designed to detain persons detained on suspicion of committing criminal offenses, as well as persons subjected to administrative arrest, in the cases provided for in paragraph 5 of Articles 46-6 of this Law.
The Law of the Republic of Kazakhstan dated March 30, 1999 No. 353-I.
This Law defines the legal basis for the activities of special institutions and special premises that legally provide temporary isolation from society, as well as establishes the rights and obligations of the persons contained therein.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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