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Home / RLA / Article 46-7. The regime of detention of persons subjected to administrative arrest, foreigners and stateless persons subject to compulsory expulsion of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

Article 46-7. The regime of detention of persons subjected to administrative arrest, foreigners and stateless persons subject to compulsory expulsion of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 46-7. The regime of detention of persons subjected to administrative arrest, foreigners and stateless persons subject to compulsory expulsion of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

Note from <url>!      Paragraph 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. Persons subjected to administrative arrest, foreigners and stateless persons subject to forced expulsion, are kept in cells, the doors of which must have strong locks and viewing openings, the windows are equipped with metal grilles. Internal regulations are posted in each cell in a special receiver, receiver-distributor, and temporary detention facility.

     2. In special receivers, distribution receivers, and temporary detention facilities, a regime is established that ensures round-the-clock duty and excludes the possibility of unauthorized departure of detainees outside the institution.

     Note from <url>!      The second part of paragraph 2 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).

     Physical force and special means may be used against persons subjected to administrative arrest, foreigners and stateless persons subject to forced expulsion in accordance with the Law of the Republic of Kazakhstan "On Law Enforcement Service".

     Note from <url>!      Paragraph 3 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).

     3. Persons subjected to administrative arrest, foreigners and stateless persons subject to forced expulsion, held in special reception facilities, distribution centers, temporary detention facilities, are provided with food according to the standards established for detainees and those in temporary detention facilities. Food is provided to those on duty on a daily basis.

     4. Men placed in special reception facilities, distribution centers, and temporary detention facilities are placed separately from women.

     Note from <url>!      Paragraph 5 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).

     5. Patients with a contagious form of tuberculosis, venereal and other infectious diseases are isolated from other persons subjected to administrative arrest, foreigners and stateless persons subject to compulsory expulsion.

     6. Military personnel who have been subjected to administrative arrest are being held in guardhouses.

     The procedure for serving administrative arrest by military personnel in the brig is determined by the Ministry of Defense, the Ministry of Internal Affairs, and the National Security Committee of the Republic of Kazakhstan.

 

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.

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