Content and Duration of Application of Compulsory Educational Measures

🔷 GENERAL CHARACTERISTICS OF ARTICLE 85 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Article 85 specifies the content of each measure established by Article 84 of the Criminal Code and regulates the сроки and conditions of their application, including grounds for early termination, extension, or cancellation, as well as the consequences of systematic non-compliance.

This provision reflects a balance between prevention and гуманизм: the measures are intended to rehabilitate rather than punish. The duration and type of measures are determined based on the severity of the committed offense.

📚 CLAUSE-BY-CLAUSE ANALYSIS

🔹 Part 1. Warning

Content: A warning is accompanied by an explanation of the nature of the harm and a caution regarding the consequences in case of reoffending.

Legal nature: This is a moral and psychological form of influence закреплённая in legal form.

Judicial practice: Applied in cases of a one-time, minor offense, most often when the harm has been voluntarily compensated or reconciliation with the victim has occurred (see Regulatory Resolution of the Supreme Court of the RK dated June 14, 2018 No. 5).

🔹 Part 2. Placement under supervision

Content: Parents or a specialized body are entrusted with the duty of supervision and rehabilitation.

Legal basis:

• Law of the RK “On the Rights of the Child” (Articles 9, 10);

• Resolution of the Government of the RK No. 1106 dated October 25, 2013 – on commissions for juvenile affairs.

Forms of implementation:

• Written undertaking;

• Periodic reports to juvenile commissions or guardianship authorities;

• Monitoring compliance with daily routine, educational regime, and restrictions.

🔹 Part 3. Obligation to make amends for harm

Key principle: Proportionality — taking into account the minor’s financial situation and labor skills.

Commentary: The measure should not become punitive if the minor is objectively unable to compensate for the damage — in such cases, it may be implemented through labor participation, apology, minor repairs, etc.

Related provisions:

• Article 66 of the Civil Code of the RK – liability for harm;

• Article 23 of the Constitution of the RK – the right to work.

🔹 Part 4. Restriction of leisure and special requirements

Content: A regime is introduced that reasonably limits freedom — prohibitions, obligations, and requirements.

Examples:

• Night curfew;

• Prohibition on visiting certain places (shopping malls, clubs);

• Return to school or employment.

Commentary: The list is not exhaustive, allowing the court flexibility in applying measures.

Issue: Courts rarely impose requirements related to returning to educational institutions, although this is an effective method of resocialization.

🔹 Parts 5–6. Placement in institutions with a special regime

Conditions:

• Age: minor;

• Act: intentional offense of medium or serious gravity;

• Duration: from 6 months to 2 years.

Grounds for early termination:

• Reaching 18 years of age;

• Positive conclusion of a specialized body;

• Court decision.

Extension: Allowed only to complete education, and not beyond the age of 18.

Legal framework:

• Law “On Education”;

• Orders of the Ministry of Internal Affairs and the Ministry of Education and Science of the RK;

• International standards (UN Beijing Rules – paras. 19, 46).

🔹 Part 7. Conditions and procedure of stay

Determined by:

• Law of the RK “On Education”;

• Law “On Special Closed-Type Educational Institutions”;

• Subordinate acts of the Ministry of Education and Science.

Examples:

• Daily schedule;

• Internal regulations;

• Participation in labor and education.

🔹 Part 8. Apology

Forms:

• Written;

• Oral;

• Public (at the victim’s request and with due regard to the minor’s interests).

Commentary: The aim is to develop empathy and personal responsibility, not humiliation.

🔹 Part 9. Probation supervision

Legal basis: Part 2 of Article 44 of the Criminal Code of the RK, Law “On Probation”.

Duration: Up to 1 year, with possible extension as provided by law.

Duties of the minor:

• Reporting for registration;

• Compliance with the rehabilitation plan;

• Notification of changes in residence.

🔹 Part 10. Duration of measures (depending on severity of the offense)

• Criminal misdemeanor — up to 6 months

• Minor offense — 6 months to 1 year

• Medium-gravity offense — 1 to 2 years

• Serious offense — 2 to 3 years

Commentary: These durations apply to paragraphs 2 and 4 of Article 84 of the Criminal Code (supervision and restriction of leisure).

Position of the Supreme Court: The duration must be determined individually, taking into account the goals of resocialization (see para. 21 of Regulatory Resolution No. 5 dated June 14, 2018).

🔹 Part 11. Consequences of non-compliance

Condition: Two or more intentional violations within one year.

Consequences:

• The court cancels the measures;

• Materials are sent to investigative authorities to initiate criminal proceedings (if the limitation period has not expired).

Practical aspect: Applies when a minor deliberately ignores court requirements (failure to register, repeated violations of restrictions, etc.).

📌 EXAMPLE FROM JUDICIAL PRACTICE

Case No. 2-22/2022: a 16-year-old minor committed robbery. The court applied:

• placement under parental supervision (1 year);

• restriction of leisure (ban on leaving home after 20:00);

• obligation to apologize to the victim;

• probation supervision for 6 months.

After 4 months, the probation authority filed a motion for cancellation due to three violations. The court отменил the measures and referred the materials to the investigator.

📎 RELATED PROVISIONS

• Article 84 of the Criminal Code of the RK — types of measures;

• Articles 15, 49, 69 of the Criminal Code of the RK — age, exemption, non-punitive measures;

• Law “On the Rights of the Child”;

• Law “On Probation”;

• Constitution of the RK (Articles 27, 30);

• UN Beijing Rules (1985);

• UN Convention on the Rights of the Child (Articles 37, 40).

✅ CONCLUSION

Article 85 of the Criminal Code of the RK plays a key role in implementing the principle of humanism with regard to minors. It:

• details the content of each measure;

• establishes clear and flexible time limits;

• ensures a preventive and corrective orientation;

• focuses on gradual and individualized rehabilitation of the minor.

Proper application of Article 85 helps minimize juvenile criminalization, promotes effective resocialization, and reduces recidivism. 

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