Compulsory Educational Measures
📘 General Analysis of Article 84 of the Criminal Code of the Republic of Kazakhstan
Article 84 regulates compulsory educational measures (CEM). These are measures that do not constitute criminal punishment, but are applied to juveniles who have committed a criminal offense when it is considered that educational influence rather than punitive measures is appropriate.
The purpose of applying these measures is correction, rehabilitation, prevention of reoffending, and the social reintegration of the juvenile.
📑 Structure and Legal Characteristics of CEM
🔹 1) Warning
Essence:An oral or written warning to the juvenile about the inadmissibility of committing another offense.
Purpose:To ensure the juvenile understands the consequences of their actions and to prevent reoffending.
Example:A 15-year-old boy stole a chocolate bar from a shop. The court limited itself to a warning, noting that it was the first offense, the damage was minimal, and the juvenile had a positive personal record.
Related provisions:
Article 49 of the Criminal Code – exemption from criminal liability
Article 68 of the Criminal Code – reconciliation with the victim
🔹 2) Placement under the supervision of parents, guardians, or a state body
Essence:Parents or a competent authority are assigned the responsibility to monitor the behavior of the juvenile.
Purpose:To involve the juvenile’s immediate environment in the process of rehabilitation.
Legal grounds:
Articles 19 and 27 of the Constitution of the Republic of Kazakhstan – protection of minors’ rights
Law “On the Rights of the Child in the Republic of Kazakhstan”
Example:A 16-year-old girl repeatedly skipped school and was involved in minor thefts. The court placed her under the supervision of the Commission on Juvenile Affairs and her parents, obliging them to report monthly on her behavior.
🔹 3) Obligation to compensate for harm
Essence:Compensation for material and/or moral damage caused to the victim.
Forms:
personal apology
monetary compensation
provision of services (if the victim agrees)
Example:A teenager damaged someone’s car. The court ordered him and his parents to compensate the cost of repairs.
Related provisions:
Article 66 of the Civil Code – obligations arising from harm
Article 68 of the Criminal Code – reconciliation with the victim
🔹 4) Restriction of leisure and establishment of special requirements
Essence:The court may impose certain prohibitions and obligations, for example:
prohibition from visiting certain places
prohibition from leaving home after 22:00
obligation to engage in education or work
Example:A teenager participated in a mass fight near a nightclub. He was prohibited from visiting shopping and entertainment centers and from going outside after 20:00 without parental supervision.
Related provisions:
Law of the Republic of Kazakhstan “On Crime Prevention”
Rules of probation supervision (where supervision is applied)
🔹 5) Placement in an educational organization with a special regime
Essence:Placement in a special educational institution for juveniles inclined toward unlawful behavior.
Applied in cases of:
systematic offenses
absence of proper upbringing conditions in the family
Example:A juvenile prone to violence and repeatedly running away from home was placed by court decision in a special school of the Ministry of Internal Affairs for a period of one year.
International standards:
Rule 19 of the UN Beijing Rules (1985): institutional placement must be used only as a last resort and for the shortest possible period.
🔹 6) Obligation to make an apology
Essence:Acknowledgment of guilt, understanding the consequences of one’s actions, and restoration of social justice.
Forms:
oral
written
public
Example:A juvenile insulted an elderly person. The court ordered him to make a public apology in front of his class and the victim.
Related provisions:
Chapter 5 of the Criminal Code – exemption from liability
Law “On Mediation”
🔹 7) Establishment of probation supervision
Essence:Monitoring of the juvenile’s behavior and compliance with imposed obligations through a probation authority.
Duration:Up to 1 year.
Conditions:
mandatory registration
regular reporting
participation in rehabilitation or educational activities
Example:For repeated petty theft, a juvenile was placed under probation supervision and required to attend monthly counseling meetings.
Related acts:
Law “On Probation”
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 5 of June 14, 2018 “On the Application of Legislation on Probation”
🧩 Combination of Measures
(Part 2 of Article 84 of the Criminal Code of the Republic of Kazakhstan)
The court may combine several measures depending on the nature and gravity of the offense, the personality of the juvenile, and their living conditions.
Example:warning + supervision by parents + apology + restriction of leisure.
📚 International Standards and Practice
UN Convention on the Rights of the Child (1989)
Article 40(4): measures applied to children should promote respect for responsibility and reintegration into society.
Article 37(b): detention or imprisonment of a child should be used only as a last resort and for the shortest appropriate period.
UN Beijing Rules (1985)
Rules 11–19 emphasize the priority of alternatives to deprivation of liberty, particularly educational measures.
⚖️ Related Legal Provisions
Article 15 of the Criminal Code – age of criminal responsibility
Articles 49, 68, 69 of the Criminal Code – grounds for exemption from criminal liability
Article 85 of the Criminal Code – cancellation of compulsory educational measures
Law “On the Rights of the Child in the Republic of Kazakhstan”
Law “On Probation”
Code of Administrative Offenses – in case of reclassification of the act
📌 Problematic Aspects of Law Enforcement
Lack of institutions with a special regime – not all regions of Kazakhstan have such facilities.
Formalistic application of measures – courts sometimes automatically apply a warning without considering other measures.
Insufficient supervision – probation services and juvenile commissions are not always able to ensure effective monitoring.
✅ Conclusion
Article 84 of the Criminal Code of the Republic of Kazakhstan reflects a modern humanitarian approach to juvenile justice, consistent with international standards. Effective implementation requires an individualized approach and close cooperation between families, schools, and probation authorities.
Ideally, these measures should not be merely formal but should genuinely contribute to the rehabilitation and social reintegration of the child.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
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