Article 28. Expulsion from the Republic of Kazakhstan of the Law On the Legal Status of Foreigners

     A foreigner may be expelled from the Republic of Kazakhstan:

     a) if his actions contradict the interests of ensuring state security or protecting public order;

     b) if it is necessary to protect the health and morals of the population, protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons.;

     c) if he violated the legislation of the Republic of Kazakhstan;

     d) if the marriage is declared invalid in accordance with the procedure established by legislative acts, if the marriage with a citizen of the Republic of Kazakhstan was the basis for leaving him for permanent residence in the Republic of Kazakhstan.

     The decision on expulsion is made by the court. The foreigner is obliged to leave the Republic of Kazakhstan within the period specified in this decision. In such a case, the execution of a court decision on expulsion from the Republic of Kazakhstan is carried out through the controlled independent departure of the expelled person or the forced expulsion of the person from the Republic of Kazakhstan. If the person against whom the decision on expulsion has been taken does not leave the territory of the Republic of Kazakhstan within the time period specified in the decision, he is subject to preventive restriction of freedom of movement and compulsory expulsion with the approval of the court. Preventive restriction of the freedom of movement of such a person is allowed for the period necessary to organize his expulsion from the Republic of Kazakhstan, but not more than thirty days. The detention of such a person is carried out in a special institution of the internal affairs bodies in accordance with the procedure determined by the Government of the Republic of Kazakhstan.

     The internal affairs bodies executing the court's decision on compulsory expulsion, at checkpoints across the State border of the Republic of Kazakhstan, transfer the expelled foreigner or stateless person to the Border Service of the National Security Committee of the Republic of Kazakhstan for the official transfer of the foreigner or stateless person to a representative of the authorities of the foreign state to whose territory the said person is being expelled.

     A person being expelled from the Republic of Kazakhstan is required to undergo fingerprint registration prior to controlled independent departure or forced expulsion from the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated June 19, 1995 N 2337.

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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