On amendments and additions to certain legislative acts of the Republic of Kazakhstan on culture, education, family and State control
The Law of the Republic of Kazakhstan dated December 4, 2025 No. 236-VIII SAM
Note from <url>!
For the procedure for the enactment of this Law, see art. 2.
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:
the first part of paragraph 4 of Article 26 after the word "schools," add the words "preschool organizations,".
2. To the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and Family":
1) in article 91:
Paragraph 1 should be supplemented with the second part as follows:
"When adopting a child, his relatives have the pre–emptive right, and in case of their absence, persons who are in a registered marriage (matrimony).";
in paragraph 2:
subparagraph 4) after the word "trustee" add the words ", foster carer, foster parent, foster professional educator";
Subparagraph 9) should be worded as follows:
"9) persons who have or have had a criminal record, are being or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of paragraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);";
Sub-paragraph 11) should be deleted;
subparagraph 13) should be worded as follows:
"13) persons who are under dynamic supervision in organizations providing medical care in the field of mental health;";
Sub-paragraph 14) should be deleted;
Paragraph 3 should be supplemented with the following parts two and three:
"If persons wishing to adopt a child are married or cohabit with other persons, the spouse or cohabiting persons are subject to the requirements set out in paragraphs 1), 2), 3), 4), 5), 6), 8), 9) and 13) paragraph 2 of this article.
Other persons cohabiting with persons wishing to adopt a child include cohabiting family members who are bound by property and personal non-property rights and obligations arising from marriage (matrimony), kinship, property, adoption or other form of adoption of a child, as well as cohabiting persons who actually cohabit, but not married.";
2) subparagraph 4) of paragraph 1 of Article 103, after the words "paragraph 2", add the words "and the second part of paragraph 3";
3) in article 122:
in the first part of paragraph 1:
subparagraph 3) after the word "trustee" add the words ", foster carer, foster parent, foster professional educator";
Subparagraph 7) should be worded as follows:
"7) persons who have or have had a criminal record, are being or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of paragraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);";
Sub-paragraph 9) should be deleted;
Subparagraph 11) should be worded as follows:
"11) persons who are under dynamic supervision in organizations providing medical care in the field of mental health;";
Sub-paragraph 12) should be deleted;
Paragraph 2 should be supplemented with the following third part:
"Their relatives have the pre–emptive right to establish custody or guardianship over minors, and in case of their absence, persons who are in a registered marriage (matrimony).";
add paragraph 6 as follows:
"6. If persons wishing to become guardians or guardians of a minor are married or cohabit with other persons, the spouse or cohabiting persons shall be subject to the requirements set out in sub-paragraphs 1), 2), 3), 4), 5), 7) and 11) of the first part of paragraph 1 of this Article.
Other persons cohabiting with a person wishing to become a guardian or trustee of a minor include cohabiting family members who are bound by property and personal non-property rights and obligations arising from marriage (matrimony), kinship, property, adoption or other form of adoption of a child, as well as cohabiting persons, actually cohabiting, but not married.";
4) paragraph 5 of Article 126 should be supplemented with parts two, three and four as follows:
"Guardians or trustees who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, as well as permanently residing outside the Republic of Kazakhstan, or foreign citizens, are required to comply with the requirements set out in paragraphs 5), 6), 7), 10) and 11) of the first part of paragraph 1 of Article 122 of this Code, on throughout the entire period of their child-rearing duties.
The body performing the functions of guardianship or trusteeship, within the time limits established by the Government of the Republic of Kazakhstan, checks the guardians or trustees who are citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan for compliance with the requirements established by the subparagraphs 5), 6), 7), 10) and 11) of the first part of paragraph 1 of Article 122 this Code, by obtaining documents and information from information systems or a digital document service.
If it is impossible to obtain the documents and information specified in part three of this paragraph from information systems or a digital document service, guardians or trustees who are citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan are required to submit them to the body performing the functions of guardianship or guardianship.";
5) add the words "as well as violations of the provisions provided for in paragraphs 1 and 6 of Article 122 of this Code" to the first part of paragraph 1 of Article 129.
3. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:
1) in article 129:
paragraph 2 after the words "paragraphs 4," add the numbers "4-1,";
in paragraph 4-1:
after the words "except for", add the words "of this article,";
Replace the words "articles 131-1, paragraph 2 of article 154 and article 157" with the words "articles 131-1, 144-4, 154 and 157";
after the word "supervision", add the words "in the field of sanitary and epidemiological welfare of the population and in the field of protection of the rights of the child";
the words "(before and during the provision of services)" should be deleted;
the first part of paragraph 15 after the word "paragraphs" should be supplemented with the numbers "4-1,";
Add the numbers "4-1," to the first part of paragraph 17 after the words "paragraphs 4,";
Add the words "and paragraph 4-1" to the second part of paragraph 18-1 after the number "4";
Add the numbers "4-1," to the first part of paragraph 19 after the words "paragraphs 4,";
2) in paragraph 14-1 of Article 324, replace the words "January 1, 2026" with the words "February 1, 2026".
4. To the Code of the Republic of Kazakhstan dated July 7, 2020 "On the Health of the People and the Healthcare System":
1) Paragraph 1 of Article 1 should be supplemented with sub-paragraphs 104-1) and 104-2) as follows:
"104-1) special control and supervision – state control and supervision carried out in the field of sanitary and epidemiological welfare of the population in accordance with this Code in relation to the subject (object) of special control and supervision;
104-2) subject (object) of special control and supervision – a subject (object) of state control and supervision funded from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children;";
2) add paragraphs 3-1, 3-2 and 4-4 to Article 36 as follows:
"3-1. Subjects (objects) of state control and supervision in the field of sanitary and epidemiological welfare of the population are included in the register of epidemiologically significant subjects (objects) in the field of sanitary and epidemiological welfare of the population (hereinafter - the register).
3-2. The register is formed in accordance with the procedure and in the form approved by the authorized body, taking into account the specifics provided for in paragraph 2-1 of Chapter 5 of this Code.
The register is formed by territorial divisions of the state body in the field of sanitary and epidemiological welfare of the population on the basis of information from the state electronic register of permits and notifications, results of state control and (or) supervision, monitoring of accounting and reporting documentation, appeals from individuals or legal entities, information from mass media, information from government agencies and other organizations.";
"4-4. If, as part of an unscheduled inspection, non-compliance with an order to eliminate identified violations is established as a result of preventive control with a visit to the subject (object) of control and supervision, scheduled inspection of the subject (object) of special control and supervision, monitoring with a visit to the object of special control and supervision, such an entity is subject to administrative responsibility for non-compliance with such an order and for violations identified based on the results of preventive control with a visit to the subject (object) of control and supervision, scheduled inspection of the subject (object) of special control and supervision, monitoring with a visit to the object of special control and supervision.";
3) in article 38:
Add subparagraph 3-1) to paragraph 1 as follows:
"3-1) to make a private presentation in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses against Officials:
local executive bodies of regions, cities of republican significance and the capital on the need to bring into compliance with sanitary and epidemiological requirements of objects owned by the municipal authorities.;
state bodies on the need to bring republican-owned facilities into compliance with sanitary and epidemiological requirements;";
Add subparagraph 3-1) to paragraph 2 as follows:
"3-1) a private presentation by the chief State sanitary doctor on taking measures to eliminate cases of violations of the rule of law, as well as the causes and conditions conducive to the commission of administrative offenses, in accordance with the procedure provided for by the Code of the Republic of Kazakhstan on Administrative Offenses;";
4) in paragraph 4 of article 45:
add the words ", with the exception of subjects (objects) of special control and supervision" to the second part;
add the following part of the third:
"Subjects (objects) of special control and supervision have the right to carry out production control without conducting laboratory tests and measurements, as well as without providing reporting information on its conduct.";
5) add paragraph 2-1 to Chapter 5 as follows:
"Paragraph 2-1. Special control and supervision in the sphere of sanitary and epidemiological welfare of the population
Article 51-1. General provisions for special control and supervision
1. State control and supervision over subjects (objects) of special control and supervision shall be carried out in the forms of scheduled and unscheduled inspections, investigations, and monitoring with visits to the object of special control and supervision (hereinafter referred to as monitoring for this paragraph).
Inspections of subjects (objects) of special control and supervision, monitoring are carried out in accordance with the procedure provided for in this paragraph, investigations are carried out in accordance with the procedure provided for in Article 45-1 of this Code and the Business Code of the Republic of Kazakhstan.
2. State control and supervision over subjects (objects) of special control and supervision shall be carried out to ensure compliance with the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population.
3. State control and supervision over subjects (objects) of special control and supervision shall be carried out by a territorial subdivision of the state body in the field of sanitary and epidemiological welfare of the population (hereinafter referred to as the territorial subdivision for this paragraph).
4. State control and supervision of subjects (objects) of special control and supervision are carried out without their prior notification.
5. Forms of the semi–annual list of subjects (objects) of special control and supervision, acts on appointment, extension of terms, results of inspection of subjects (objects) of special control and supervision, the decision of the Chief State Sanitary Doctor of the Republic of Kazakhstan on monitoring (hereinafter for this paragraph - the decision on monitoring), the act on monitoring results, prescriptions reports on the elimination of detected violations are approved by the authorized body.
6. In the course of implementation and (or) based on the results of state control and supervision of subjects (objects) of special control and supervision, territorial divisions apply rapid response measures in accordance with Articles 135, 136 and 153 of the Entrepreneurial Code of the Republic of Kazakhstan and Article 42-1 of this Code.
7. In the course of special control and supervision for sanitary and epidemiological expertise, sampling (samples) of products (goods), raw materials, components of the natural environment, examination of persons, laboratory and instrumental studies, measurements may be carried out.
8. Subjects of special control and supervision have the right:
1) not to allow officials of a territorial subdivision who arrived to conduct an inspection or monitoring at an object of special control and supervision to be checked or monitored, in the following cases::
failure to comply with the frequency of scheduled inspections;
exceeding or expiring the time limits specified in the act on the appointment of an inspection or the decision to conduct monitoring (additional act on the extension of the inspection period or the decision on the extension of the monitoring period (if any);
instructions for conducting inspections or monitoring to persons who do not have the appropriate authority to do so;
extending the verification or monitoring periods beyond the time limits set out in this paragraph;
the absence of an act on the appointment of an inspection or a copy of the decision on monitoring;
2) not to provide information if it does not relate to the subject of the inspection or monitoring;
3) appeal the act on the results of the inspection or monitoring, the order to eliminate the identified violations in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
4) record the process of inspection or monitoring, as well as individual actions of an official of a territorial subdivision carried out by him within the framework of inspection or monitoring, using audio and video equipment, without creating obstacles to the activities of the official, with his notification.
9. Subjects of special control and supervision are obliged to:
1) to ensure unhindered access of officials of the territorial unit to the territory and premises of the subject (object) of special control and supervision;
2) appear at the summons of the officials of the territorial unit;
3) submit materials at the request of the territorial unit;
4) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials of the territorial subdivision with documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of verification or monitoring and the instruction on the elimination of identified violations, as well as access to automated databases (information systems) in accordance with the in accordance with the objectives and subject of verification and (or) monitoring;
5) make a note of receipt of the act on the appointment of an inspection or a copy of the decision on monitoring (additional act on the extension of the inspection period or the decision on the extension of the monitoring period (if any);
6) make a note of receipt of the report on the results of the inspection or monitoring on the day of their completion, instructions on the elimination of identified violations;
7) to prevent amendments and additions to the documents being checked during the period of verification or monitoring, unless otherwise provided for by this Code or other laws of the Republic of Kazakhstan;
8) in case of receipt of an act on the appointment of an inspection or a copy of the decision on monitoring, ensure that the subject of special control and supervision (the head of the subject of special control and supervision or a person authorized by him) stays at the location of the object of special control and supervision at the appointed time of inspection or monitoring.
Article 51-2. The procedure for organizing scheduled inspections
1. A routine inspection is a control that territorial divisions carry out with a visit to a subject (object) of special control and supervision, and according to the results of which, if they detect violations, an order is issued to eliminate them without initiating administrative proceedings.
2. In terms of subjects (objects) of special control and supervision, the register is formed on the basis of data and information provided by central state bodies and local executive bodies of regions, cities of republican significance and the capital, on the receipt by the subject (object) of control and supervision of financing from the state budget for food, accommodation, medical care, education, upbringing, health improvement children.
Central state bodies and local executive bodies of oblasts, cities of republican significance and the capital are required to provide the territorial subdivision with information on the receipt by the subject (object) of control and supervision of financing from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children in accordance with the procedure for forming the register.
3. A scheduled inspection is carried out on the basis of a semi–annual list of subjects (objects) of special control and supervision (hereinafter referred to as the list for this article).
The list is formed by the territorial division in accordance with the criteria for assessing the degree of risk from among the subjects (objects) of special control and supervision included in the register.
The list is posted on the Internet resource of the territorial division.
4. For the purposes of risk management, when carrying out a scheduled audit, subjects (objects) of special control and supervision belong to one of the following degrees of risk::
1) High risk;
2) Low risk.
For subjects (objects) of special control and supervision classified as high-risk, the frequency of scheduled inspections is determined no more than once every six months. In the case of monitoring of subjects (objects) of special control and supervision classified as high-risk, the frequency of scheduled inspections is determined no more than once a year.
For subjects (objects) of special control and supervision classified as low-risk, the frequency of scheduled inspections is determined no more than once a year.
5. Objects of high epidemic significance belong to subjects (objects) of a high degree of risk, objects of minor epidemic significance belong to subjects (objects) of a low degree of risk. The degree of epidemic significance is determined in accordance with Article 36 of this Code.
6. When compiling a list of several subjects (objects) of special control and supervision classified as at the same risk and operating at the same object of special control and supervision, uniform deadlines for conducting a scheduled inspection are established.
7. The list generated in the risk assessment and management information system is posted by December 10 of the year preceding the year of the scheduled audit and by May 10 of the current calendar year on the Internet resource of the territorial unit.
In the absence of an information system for risk assessment and management, by December 10 of the year preceding the year of the scheduled audit and by May 10 of the current calendar year, territorial divisions send the approved list in electronic form to the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
Article 51-3. The procedure for organizing unscheduled inspections
1. An unscheduled inspection of a subject (object) of special control and supervision is an inspection appointed by territorial divisions in accordance with this article.
2. The grounds for an unscheduled inspection of a subject (object) of special control and supervision are:
1) control over the execution of orders to eliminate violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, identified by the results of inspection, monitoring, in cases where the subject of special control and supervision has not provided information on the elimination of identified violations within the prescribed period and (or) has not eliminated violations;
2) appeals of individuals and legal entities for violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, if there are convincing grounds and supporting evidence.;
3) the prosecutor's demands on specific facts of causing or threatening harm to human life, health, rights and legitimate interests of individuals and legal entities, the state;
4) appeals from state bodies on specific facts of harm to human life, health, rights and legitimate interests of individuals and legal entities, the state, as well as violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, failure to eliminate which entails harm to human life and health;
5) repeated inspection related to the request of the subject of special control and supervision about disagreement with the initial inspection (illegality of the application of rapid response measures);
6) assignment of a criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan;
7) monitoring the elimination of violations identified by the results of the investigation;
8) monitoring the elimination of violations that are grounds for the application of rapid response measures;
9) mass media reports on the presence of signs of violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population by subjects (at facilities) of special control and supervision in the presence of supporting evidence, including photo and (or) video recordings of violations indicating the time and place of their commission;
10) control over the execution of decisions of the chief state sanitary doctors on the implementation of sanitary and anti-epidemic, sanitary and preventive measures in cases where the subject of special control and supervision has not provided information on their execution within the prescribed period and (or) has not ensured their execution.
3. Unscheduled inspections are not carried out in cases of anonymous requests.
4. The facts and circumstances identified in relation to specific subjects (objects) of special control and supervision and which served as the basis for the appointment of this inspection, as well as issues of the presence or absence of a permit or notification of the commencement of activities, if such activities and (or) the object are subject to a permit or notification procedure for activities in the field of sanitaryepidemiological welfare of the population.
5. The grounds listed in paragraph 2 of this article for conducting an unscheduled inspection also apply to structural divisions of non–resident legal entities, non–resident legal entities operating without registration with the justice authorities or the Government for Citizens State Corporation.
Article 51-4. The order of organization of monitoring
1. Monitoring is an examination of an object of special control and supervision for compliance with the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, the violation of which was the basis for its conduct. Monitoring is carried out without initiating administrative proceedings.
2. Monitoring is carried out on the basis of a decision of the Chief State Sanitary Doctor of the Republic of Kazakhstan, if there is an order.:
1) The President of the Republic of Kazakhstan, as well as the Head of the Presidential Administration of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan and their deputies;
2) the first head of the authorized body in the following cases::
detection of mass infectious and non-communicable diseases (poisoning);
the need to assess the readiness of boarding schools, educational institutions, sanatorium-resort and wellness organizations for children to provide services before and during their provision;
the need to assess the timely implementation of sanitary and preventive and sanitary anti-epidemic measures in healthcare organizations providing medical services to children.
The decision on monitoring shall specify:
1) type of activity;
2) the subject of monitoring;
3) the territory to which monitoring is assigned (the Republic of Kazakhstan or its separate administrative-territorial units);
4) the monitoring period.
3. When mass infectious and non-communicable diseases (poisoning) are detected at an object of special control and supervision, monitoring is assigned to objects of special control and supervision that provide similar services.
4. Territorial divisions, based on a decision to conduct monitoring, are required to conduct monitoring during the period specified in this decision.
5. The monitoring period should not exceed ten working days and may be extended in accordance with paragraph 6 of this article.
The date of delivery of a copy of the monitoring decision to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual) is considered the beginning of monitoring.
6. The monitoring period may be extended by ten working days based on the decision of the head of the territorial unit (or the person acting as such) if it is necessary to obtain the results of laboratory tests.
7. Within the framework of a single monitoring decision, an object of special control and supervision is subject to monitoring no more than once.
Article 51-5. The act on the appointment of an inspection, the extension of the terms of inspection of the subject (object) of special control and supervision, the decision to conduct monitoring
1. The inspection of subjects (objects) of special control and supervision is carried out on the basis of an act of a territorial subdivision on the appointment of an inspection of subjects (objects) of special control and supervision.
2. Prior to the start of the inspection or monitoring, acts on the appointment of inspections, a copy of the decision on monitoring, and acts on the extension of their terms are subject to registration by submitting them by territorial divisions to the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
Registration of verification or monitoring with a state body that carries out activities in the field of state legal statistics and special accounting within its competence is carried out in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.
3. The date of handing over to the subject of special control and supervision (the head of a legal entity or his authorized person, an individual) of the act on the appointment of an inspection of the subject (object) of special control and supervision is considered to be the beginning of the inspection.
4. An act on the appointment of an inspection, a copy of the decision on monitoring, an additional act on extending the terms of inspection of subjects (objects) of special control and supervision, and a decision on extending the monitoring period at the object of special control and supervision are drawn up and handed over on paper or in electronic form.
5. On paper, the act on the appointment of an inspection, an additional act on the extension of the terms of inspection of subjects (objects) of special control and supervision are drawn up in two copies. The first copy is handed over to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual), the second copy, on which the subject of special control and supervision (the head of a legal entity or his authorized person, an individual) signs their receipt, remains with the territorial unit.
A hard copy of the decision to conduct monitoring and the decision to extend the monitoring period at the facility of special control and supervision are handed over to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual) against signature.
6. The act on the appointment of an inspection, a copy of the decision on monitoring, an additional act on extending the terms of inspection of subjects (objects) of special control and supervision, the decision on extending the monitoring period at the object of special control and supervision in electronic form are handed over to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual) via the web-an e-government portal or information systems of a government agency, carrying out activities in the field of state legal statistics and special accounting within its competence, or sending them to an e-mail address, if it is specified by the subject of special control and supervision.
7. Officials of a territorial subdivision who have arrived for inspection or monitoring are required to present to the subject of special control and supervision:
1) an act on the appointment of an inspection of the subject (object) of special control and supervision or a copy of the decision on monitoring;
2) official identification card or identification card;
3) if necessary, a permit from the competent authority to visit sensitive facilities.
8. In cases of refusal to adopt an act on the appointment of an inspection of a subject (object) of special control and supervision, a copy of the decision on monitoring, or obstruction of access of an official of the territorial unit conducting the inspection or monitoring to the materials necessary for conducting the inspection or monitoring, a protocol on an administrative offense provided for in Article 462 of the Code of Administrative Offences of the Republic of Kazakhstan is drawn up. offenses.
The protocol is signed by an official of the territorial unit carrying out the inspection or monitoring, and the head of the legal entity or its authorized person, an individual.
The head of a legal entity or his authorized person, an individual, has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.
9. Refusal to receive an act on the appointment of an inspection or a copy of the decision on monitoring, additional acts on the extension of their terms is not a reason for canceling the inspection of the subject (object) of special control and supervision or monitoring.
10. An inspection may be conducted only by the official(s) indicated in the act on the appointment of an inspection of the subject (object) of special control and supervision.
11. The composition of the officials conducting the audit may be changed by the decision of the territorial unit, about which the subject of special control and supervision and the state body carrying out activities in the field of state legal statistics and special accounting within its competence are notified within the next working day from the beginning of participation in the audit of persons not specified in the act on the appointment of the audit, indicating the reason for the replacement.
Article 51-6. Terms of the inspection of the subject (object) of special control and supervision
1. The terms of the audit are set taking into account the scope of the work to be done, as well as the tasks set, and should not exceed:
in case of a scheduled inspection, fifteen working days from the date of delivery of the inspection appointment certificate and with an extension of up to fifteen working days.;
in case of an unscheduled inspection, ten working days from the date of delivery of the inspection appointment certificate and with an extension of up to ten working days.
2. The terms of the inspection may be extended for the periods specified in paragraph 1 of this Article by the head of the territorial unit (or a person acting as such) only if it is necessary to obtain the results of laboratory tests.
3. In case of extension of the terms of the audit, the territorial division draws up an additional act, which indicates the number and date of registration of the previous act on the appointment of the audit and the reason for the extension, with its referral to the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
In the event of an extension of the inspection period, the territorial unit must notify the subject of special control and supervision (the head of the legal entity or his authorized person, an individual).
4. The notification of the extension of the inspection period is sent by the territorial unit one business day before the end of the inspection period via the e-government web portal or information systems of the state body carrying out activities in the field of state legal statistics and special accounting within its competence to the e-mail address, if it is specified by the subject of special control and supervision, or in any other way available.
Article 51-7. The procedure for processing the results of verification and monitoring
1. Based on the results of the inspection and monitoring by the official of the territorial unit, the following are drawn up::
1) an act on the results of verification or monitoring;
2) the instruction on elimination of the revealed violations in cases of detection of violations.
2. For each act on the results of an inspection or monitoring, during which violations were identified, only one instruction may be issued to eliminate the identified violations.
3. The following documents are attached to the report on the results of the inspection or monitoring::
1) the instruction on elimination of the revealed violations in case of detection of violations;
2) acts of sampling (samples) of products (goods), raw materials, components of the natural environment, sending persons for examinations, protocols (conclusions) of laboratory and (or) instrumental studies, measurements and other documents or copies thereof related to the results of verification or monitoring (if any).
4. The time limits for the execution of an order to eliminate identified violations shall be determined taking into account the circumstances affecting the actual possibility of its execution, but not less than ten calendar days from the date of delivery of the order to eliminate identified violations.
5. When determining the deadlines for the execution of an order to eliminate identified violations, the following factors are taken into account::
1) the subject has special control and supervision of organizational, technical and financial capabilities to eliminate violations;
2) features of the technical condition of the production facilities used;
3) the time limits for obtaining the appropriate permit or submitting a notification provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", as well as other mandatory conclusions, approvals and other documents established by the laws of the Republic of Kazakhstan.
6. If additional time and (or) financial costs are required, the subject of special control and supervision may, no later than three working days from the date of delivery to him of the act on the results of the inspection or monitoring and the order to eliminate the identified violations, apply to the territorial unit with an application for an extension of the time limits for eliminating the identified violations, except for violations of the requirements of regulatory legal acts. in the sphere of sanitary and epidemiological welfare of the population, which are the basis for the application of rapid response measures.
In the application, the subject of special control and supervision is obliged to set out the measures that will be taken to eliminate the identified violations, and the objective reasons for extending the time frame for their elimination.
7. The territorial subdivision, within three working days from the date of receipt of the application for an extension of the time limits for the elimination of the identified violations, taking into account the arguments set out in the application, decides to extend the time limits for the elimination of the identified violations or to refuse to extend the time limits with a reasoned justification.
8. An act on the results of the inspection or monitoring, an order to eliminate the identified violations, shall be drawn up and handed over on paper or in electronic form.
9. An act on the results of an inspection or monitoring, an instruction on the elimination of detected violations on paper, shall be drawn up in two copies. The first copy is handed over to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual), the second copy, on which the subject of special control and supervision (the head of a legal entity or his authorized person, an individual) signs their receipt, remains with the territorial unit.
10. An act on the results of verification or monitoring, an order to eliminate identified violations in electronic form are handed over to the subject of special control and supervision (the head of a legal entity or its authorized person, an individual) through the e-government web portal or information systems of a government agency that carries out activities in the field of state legal statistics and special accounting records, or sending them to an e-mail address, if it is specified by the subject of special control and supervision.
11. An act on the results of verification or monitoring, an instruction on the elimination of detected violations, is sent by the territorial subdivision in electronic form to the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
12. The end of the verification or monitoring period is considered to be the day when the act on the results of the verification or monitoring is handed over to the subject of special control and supervision.
13. If there are comments and/or objections based on the results of the audit or monitoring, the head of the subject of special control and supervision or his representative sets out the comments and/or objections in writing.
Comments and (or) objections are attached to the act on the results of the inspection or monitoring, about which a corresponding note is made in the act.
Comments and (or) objections are attached to the act on the results of the inspection or monitoring, about which a corresponding note is made in the act.
14. If there are no violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, when conducting an inspection or monitoring, an appropriate record is made in the act on their results.
15. During the period of elimination of the identified violations specified in the regulation on the elimination of identified violations, the subject of special control and supervision is obliged to provide the territorial unit with information on the elimination of identified violations.
16. In case of failure to provide information on the elimination of identified violations or non-elimination of violations, the territorial unit appoints an unscheduled inspection.
17. If violations of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population are established as part of an unscheduled inspection, liability measures established by the laws of the Republic of Kazakhstan are applied.
18. In case of elimination of the detected violations within the time limits specified in the instruction on elimination of the detected violations, the subject of special control and supervision is obliged to provide the territorial unit with comprehensive information on elimination of the detected violations with a detailed description of the procedure and methods of elimination of violations. The subject of control and supervision shall attach (if necessary) materials proving the fact of elimination of violations to the information provided on the elimination of identified violations.
In this case, an unscheduled inspection is not required.
Article 51-8. Invalidity of verification or monitoring
1. The verification is considered invalid if there is one of the following grounds::
1) there are no grounds for conducting an audit;
2) the absence of an act on the appointment of an inspection;
3) violation of the frequency of the inspection;
4) failure to submit to the subject of special control and supervision an act on the appointment of an audit and (or) extension of its terms (if any);
5) the appointment of an audit on issues outside the competence of the territorial unit;
6) conducting an audit without sending an act on the appointment of an audit and (or) extending its terms (if any) to a state body that carries out activities in the field of state legal statistics and special accounting within its competence.;
7) violation of the terms of the inspection provided for in this paragraph.
2. Monitoring is considered invalid if there are any of the following grounds::
1) lack of grounds for monitoring;
2) control of requirements that are not within the competence of the territorial unit;
3) failure to provide the subject of special control and supervision with a copy of the decision to conduct monitoring and (or) the decision to extend the monitoring period (if any);
4) conducting monitoring on issues beyond the scope of the subject of monitoring;
5) violation of the monitoring deadlines.
3. Acts on the appointment, extension of deadlines, results of inspection or monitoring, and an order to eliminate identified violations based on the results of inspection or monitoring that have been declared invalid may not be evidence of violations by subjects of special control and supervision of the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population.
4. The recognition of an inspection or monitoring as invalid is the basis for the cancellation by a higher state body or a court of an act based on the results of this inspection or monitoring, an order to eliminate the identified violations.
5. Consideration by a higher state body of the application of a subject of special control and supervision for the cancellation of acts on appointment, extension of time limits, results of verification or monitoring, and instructions to eliminate identified violations due to the invalidity of verification or monitoring shall be carried out within ten working days from the date of filing the application.
Violation of the established deadline for consideration of such an application is decided in favor of the subject of special control and supervision.";
6) add the words "subject to the requirements provided for in Article 45 of this Code" to subparagraph 4) of paragraph 1 of Article 82;
7) add paragraph 2-1 to Article 102 as follows:
"2-1. In the event of a threat of the occurrence and spread of infectious, parasitic diseases, poisoning, the resolutions of the chief state sanitary doctors for subjects (objects) of control and supervision determine mandatory sanitary and anti-epidemic, sanitary and preventive measures without visiting the subject (object) of control and supervision.
Verification of the execution of the decisions of the chief state sanitary doctors by subjects of special control and supervision is carried out in accordance with the procedure provided for in paragraph 2-1 of Chapter 5 of this Code.".
5. To the Budget Code of the Republic of Kazakhstan dated March 15, 2025:
1) in subparagraph 4) of paragraph 1 of Article 31:
the fifth paragraph after the word "children" should be supplemented with the words ", as well as children undergoing advanced pre-conscription training,";
Add the words "primary military training competitions" to the sixth paragraph after the word "Olympics".;
2) in subparagraph 4) of paragraph 1 of Article 32:
the eleventh paragraph after the word "children" should be supplemented with the words ", as well as children undergoing advanced pre-conscription training,";
The twelfth paragraph after the word "Olympics" should be supplemented with the words ", competitions in basic military training".
6. To the Law of the Republic of Kazakhstan dated July 11, 1997 "On Languages in the Republic of Kazakhstan":
in article 25-1:
Add subparagraph 1-1) to paragraph 2 as follows:
"1-1) coordination of naming and renaming individuals to private educational organizations;";
In paragraph 3, the words "as well as clarifying and changing the transcription of their names after coordination with the Republican Onomastic Commission" should be replaced by the words "clarifying and changing the transcription of their names after coordination with the Republican Onomastic Commission, as well as coordinating the naming and renaming of individuals to private educational organizations."
7. To the Law of the Republic of Kazakhstan dated August 8, 2002 "On the Rights of the Child in the Republic of Kazakhstan":
1) Paragraph 1 of Article 7 should be supplemented with sub-paragraphs 6-1) and 6-2) as follows:
"6-1) implementation of state control;
6-2) initiation and consideration of cases of administrative offenses, as well as imposition of administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses;";
2) in paragraph 3 of article 28-2:
in part one:
subparagraph 10) should be worded as follows:
"10) a person who has or has had a criminal record, is being or has been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of paragraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);";
Subparagraph 12) should be worded as follows:
"12) a person who is under dynamic supervision in organizations providing medical care in the field of mental health;";
Sub-paragraph 13) should be deleted;
in Part two, replace the words ", 12) and 13)" with the words "and 12)";
3) subparagraph 5) of paragraph 1 of Article 47-3 should be worded as follows:
"5) who are under dynamic supervision in organizations providing medical care in the field of mental health.";
4) paragraphs 3, 4 and 5 of Article 52 shall be worded as follows:
"3. The subjects of state control in the field of child rights protection are educational organizations and organizations performing functions for the protection of children's rights, regardless of the type, form of ownership and departmental subordination.
4. State control in the field of child rights protection is carried out in the form of scheduled and unscheduled inspections of subjects (objects) of control funded from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children, in accordance with this Law.
5. State control in the field of child rights protection is carried out in the form of preventive control without visiting the subject (object) of control, preventive control with a visit to the subject (object) of control and an unscheduled inspection.
Preventive control with a visit to the subject (object) of control and an unscheduled inspection are carried out in accordance with the Business Code of the Republic of Kazakhstan.
Preventive control without visiting the subject (object) of control is carried out in accordance with the Business Code of the Republic of Kazakhstan and this Law.";
5) in article 52-2:
Paragraph 1 should be supplemented with the following sub-paragraphs 13), 14), 15), 16), 17), 18), 19) and 20) as follows:
"13) creation of special conditions for persons (children) with special educational needs to receive education in educational institutions, accessibility of buildings, structures and premises of educational institutions in accordance with the legislation of the Republic of Kazakhstan;
14) ensuring the examination of the mental health of children and adolescents and the provision of psychological, medical and pedagogical advisory assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
15) compliance with the procedure for appointment and dismissal of the first heads and teachers of educational organizations for orphaned children and children left without parental care;
16) ensuring rehabilitation and social adaptation of children and adolescents with developmental problems in special educational institutions in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
17) implementation of state support for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan;
18) organization of free and reduced-price meals for certain categories of students and pupils in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
19) ensuring the functioning of juvenile adaptation centers and support centers for children in need of special social services, in accordance with the procedure and conditions determined by the authorized body in the field of education;
20) organization of free transportation of students to the nearest school and back in case there is no school in the relevant village, village, rural district in accordance with the procedure established by the legislation of the Republic of Kazakhstan.";
Add sub-paragraphs to paragraph 2 18), 19), 20), 21), 22), 23), 24) and 25) as follows:
"18) creation of special conditions for persons (children) with special educational needs to receive education in educational institutions, accessibility of buildings, structures and premises of educational institutions in accordance with the legislation of the Republic of Kazakhstan;
19) ensuring the examination of the mental health of children and adolescents and the provision of psychological, medical and pedagogical advisory assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
20) compliance with the procedure for appointment and dismissal of the first heads and teachers of educational organizations for orphaned children and children left without parental care;
21) ensuring rehabilitation and social adaptation of children and adolescents with developmental problems in special educational institutions in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
22) implementation of state support for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan;
23) organization of free and reduced-price meals for certain categories of students and pupils in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
24) ensuring the functioning of juvenile adaptation centers and support centers for children in need of special social services, in accordance with the procedure and conditions determined by the authorized body in the field of education;
25) implementation of compulsory employment and provision of housing for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan.";
Paragraph 3 should be supplemented with sub-paragraphs 14), 15), 16 and 17) as follows:
"14) creation of special conditions for persons (children) with special educational needs to receive education in educational institutions, accessibility of buildings, structures and premises of educational institutions in accordance with the legislation of the Republic of Kazakhstan;
15) implementation of state support for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan;
16) organization of free and reduced-price meals for certain categories of students and pupils in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
17) implementation of compulsory employment and provision of housing for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan.";
6) add article 52-4 as follows:
"Article 52-4. The procedure for conducting state control over educational organizations and organizations performing functions for the protection of children's rights, funded from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children
1. State control in the field of the protection of the rights of the child (hereinafter referred to as state control) in relation to educational organizations and organizations performing functions for the protection of the rights of the child, funded from the state budget for food, accommodation, medical care, education, upbringing, and rehabilitation of children (hereinafter referred to as subjects (objects) of state control), is carried out in accordance with in the form of scheduled and unscheduled inspections with visits to the subject (object) of state control for compliance with the requirements of the legislation of the Republic of Kazakhstan on the rights of the child.
2. A scheduled audit is an audit appointed by the authorized body in the field of protection of children's rights of the Republic of Kazakhstan in relation to subjects (objects) of state control based on a risk assessment and management system, based on the results of the analysis:
1) previous state control in the field of child rights protection in accordance with the Business Code of the Republic of Kazakhstan and this Law;
2) monitoring of reports and information provided by subjects of state control, including through the information system "National Educational Database" and the Republican Database of orphans, children left without parental care, and persons wishing to adopt children into their families.;
3) data from the Internet resources of government agencies, educational organizations and organizations responsible for the protection of children's rights, and other open sources;
4) the number of confirmed requests received from individuals or legal entities, government agencies during one calendar year.
The risk assessment and management system is conducted using the risk assessment and management information system.
In the absence of an information system for risk assessment and management, the minimum allowable threshold for the number of subjects (objects) of state control over which state control is carried out should not exceed five percent of the total number of such subjects (objects) of state control.
3. The authorized body in the field of protection of children's rights of the Republic of Kazakhstan, for the purposes of risk management in the implementation of state control in the form of a scheduled audit, classifies subjects (objects) of state control to one of the following risk levels:
1) High risk;
2) Average risk;
3) Low risk.
For subjects (facilities) classified as high-risk, the frequency of scheduled inspections is determined no more than once a year.
For subjects (objects) classified as medium risk, the frequency of scheduled inspections is determined no more than once every two years.
For subjects (facilities) classified as low-risk, the frequency of scheduled inspections is determined no more than once every three years.
The risk assessment criteria and checklists used for routine inspections are approved by the authorized body for the protection of children's rights of the Republic of Kazakhstan and posted on its Internet resource.
4. The basis for the appointment of a scheduled inspection of the subject (object) of state control is the annual list of scheduled inspections (hereinafter referred to as the annual list of inspections).
The annual list of inspections is generated automatically in the risk assessment and management information system.
The authorized body for the protection of children's rights of the Republic of Kazakhstan posts an annual list of inspections on its Internet resource by December 25 of the year preceding the year of scheduled inspections.
In the absence of an automated information system for risk assessment and management, the annual list of inspections is approved by the first head of the authorized body for the protection of children's rights of the Republic of Kazakhstan within the time limits established by part three of this paragraph.
Amendments and additions to the list of scheduled inspections are carried out in cases of liquidation, reorganization, name change, redistribution of powers between subjects of state control, as well as the occurrence of natural and man-made emergencies, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases., poisoning, radiation accidents and related restrictions.
If the above cases occur, the scheduled inspection may be extended, suspended and resumed.
5. Scheduled inspections are carried out on the basis of the inspection appointment act according to the annual inspection list.
6. The grounds for an unscheduled inspection of subjects (objects) of state control are:
1) control over the execution of orders to eliminate identified violations as a result of state control, if the subject of state control has not provided information on the elimination of identified violations more than once and (or) has not eliminated violations;
2) appeals of individuals and legal entities for violations of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;
3) the prosecutor's demands on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;
4) appeals of state bodies on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;
5) publications and reports in the mass media on specific facts of violation of the requirements of the legislation of the Republic of Kazakhstan on the rights of the child;
6) the instruction of the body of criminal prosecution on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.
Unscheduled inspections are not carried out in cases of anonymous requests.
Unscheduled inspections are not carried out in cases of anonymous requests.
7. The authorized body in the field of protection of children's rights of the Republic of Kazakhstan is obliged to notify the subject of state control in writing of the start of a scheduled inspection at least thirty calendar days before the start of the inspection, indicating the date of its start.
An unscheduled inspection is carried out without notifying the subject of state control.
8. The date of delivery to the subject of state control of the act on the appointment of an audit, registered with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, indicating the timing and subject of the audit, is considered to be the beginning of the audit.
In cases of refusal to adopt an act on the appointment of an inspection, as well as obstruction of access of an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan to the materials necessary for conducting an inspection, a protocol on an administrative offense provided for in Article 462 of the Code of Administrative Offenses of the Republic of Kazakhstan is drawn up.
The protocol is signed by an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, exercising state control, and the head of the subject of state control, and in case of his absence – a substitute person.
The head of the subject of state control, and in case of his absence, a substitute person, has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.
Refusal to receive an inspection appointment certificate is not a reason for canceling the inspection.
An inspection may be conducted only by the official(s) indicated in the inspection appointment act.
9. The act on the appointment of an audit and the additional act on the extension of the audit period are registered before the start of the audit by submitting them in electronic form to the territorial body of the state body carrying out activities in the field of state legal statistics and special accounting within its competence, at the location of the subject (object) of state control.
The act on the appointment of the inspection shall specify:
1) the number and date of the act;
2) the name of the state body;
3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;
4) information about the specialists, consultants and experts involved in the audit;
5) the name of the subject (object) of state control, its location;
6) the subject of the scheduled inspection;
7) the deadline for the audit;
8) the grounds for conducting an audit, including the regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to verification;
9) the verification period;
10) the rights and obligations of the subject of the audit provided for in paragraph 21 of this Article;
11) the signature of the person authorized to sign the acts and the seal of the state body;
12) the signature of the head of the subject of state control, and in case of his absence – of a substitute person on receipt or refusal to receive an act on the appointment of an inspection.
The procedure for registration of acts on the appointment of an inspection, additional acts on the extension of the inspection period, refusal to register and cancellation, notifications of suspension, resumption, extension of the inspection period, changes in the composition of participants and the submission of information accounting documents on the inspection and its results is determined by the Prosecutor General's Office of the Republic of Kazakhstan.
10. The deadlines for inspections are set taking into account the amount of work to be done, as well as the tasks set, and should not exceed:
during scheduled inspections – fifteen working days and with an extension of no more than fifteen working days.;
for unscheduled inspections – ten working days and extended for up to ten working days.
If it is necessary to send a request to state bodies, as well as due to the significant volume of the audit, the audit period may be extended only once by the head of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan for the period provided for in part one of this paragraph.
In case of extension of the inspection period, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan draws up an additional act on the extension of the inspection period with registration with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, which indicates the number and date of registration of the previous act on the appointment of an inspection and the reason for their extension.
In case of extension of the inspection period, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan must draw up an additional act on the extension of the inspection period and notify the subject of state control one working day before the extension of the inspection.
The notification of the extension of the verification period is sent in the form of a registered mail with a delivery notification or by means of an electronic document certified by an electronic digital signature to the e-mail address of the subject of state control, if such an address was previously submitted by this subject of state control to the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, or in any other accessible way.
11. Inspections are carried out during working hours established by the regulations of the subjects (objects) of state control.
Officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, who arrived for inspection, are required to present to the subject of state control:
1) an act on the appointment of an inspection;
2) official identification card or identification card.
12. Based on the results of the audit by an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, the following are drawn up:
1) the report on the results of the audit;
2) the instruction on elimination of the revealed violations in cases of detection of violations.
If necessary, copies of documents related to the results of the audit are attached to the act on the results of the audit.
13. The inspection results report states:
1) date, time and place of drawing up the act;
2) the name of the state body;
3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;
4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;
5) the name of the subject of state control;
6) date, place and period of the inspection;
7) type and subject of verification;
8) information about the results of the audit, including the identified violations, and their nature;
9) requirements for the elimination of identified violations, indicating the deadline for fulfilling the requirements and taking measures against those who committed violations;
10) information on familiarization or refusal to familiarize with the act of the head of the subject of state control, and in case of his absence – a substitute person, as well as persons who were present during the inspection, their signatures or refusal to sign;
11) the signature of the official(s) who conducted the inspection.
14. According to the violations revealed as a result of the audit, the subject of state control is issued an order to eliminate the identified violations.
The regulation on the elimination of identified violations states:
1) the date, time and place of the prescription;
2) the name of the state body;
3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;
4) the name of the subject of state control, as well as the position, surname, first name, patronymic (if it is indicated in the identity document) of the head of the subject of state control, and in case of his absence – the substitute person who was present during the inspection;
5) date, place and period of the inspection;
6) list of detected violations;
7) instructions for the elimination of identified violations, indicating the time frame for their elimination;
8) information about familiarization or refusal to familiarize with the instruction of the head of the subject of state control, and in case of his absence – a substitute person.;
9) the signature of the official(s) who conducted the inspection.
15. If there are comments and (or) objections based on the results of the audit, the head of the state control entity, and in case of his absence, the substitute person, sets them out in writing within one working day after receiving the order to eliminate the identified violations.
Comments and (or) objections are attached to the act on the results of the audit, which is marked accordingly.
In case of refusal to adopt an act on the results of the audit, an act is drawn up, which is signed by the officials carrying out the audit and the head of the subject of state control, and in case of his absence – by a substitute person.
The head of the subject of state control, and in case of his absence, the substitute person has the right to refuse to sign the act, giving a written explanation of the reason for the refusal.
The first copy of the act on the results of the audit with copies of appendices on paper against signature or in electronic form is handed over to the head of the subject of state control, and in case of his absence – for the replacement person to review and take measures to eliminate the identified violations, the second copy in electronic form is submitted to the state body carrying out activities in the field of state legal statistics and special accounting within its competence, and its territorial bodies, the third copy remains with the authorized body in the field of protection of children's rights of the Republic of Kazakhstan.
16. The time limits for the execution of an order to eliminate identified violations are determined taking into account the circumstances affecting the actual possibility of its execution, but not less than ten calendar days from the date of delivery of the order.
The subject of state control over violations specified in the instruction on the elimination of identified violations, no later than three working days from the day following the day of its delivery, provides information on the measures to be taken to eliminate the identified violations, indicating the deadlines.
17. Upon expiration of the period for the elimination of identified violations specified in the regulation on the elimination of identified violations, the subject of state control, within the period specified in the regulation, is obliged to provide the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with information on the elimination of identified violations.
In case of early elimination of the identified violations specified in the regulation on the elimination of identified violations, the subject of state control is obliged to provide the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with information on the elimination of identified violations.
The subject of state control shall attach materials proving the fact of elimination of violations to the information provided on the elimination of identified violations.
18. If the subject of state control fails to provide information on the execution of the order to eliminate the identified violations within the prescribed period, the authorized body for the protection of children's rights of the Republic of Kazakhstan within two working days sends to the subject of state control a request on the need to provide information on the execution of the order.
In case of repeated failure to provide information on the execution of the order to eliminate the identified violations, the authorized body in the field of protection of children's rights of the Republic of Kazakhstan has the right to appoint an unscheduled inspection in accordance with subparagraph 1) paragraph 6 of this article.
19. The end of the inspection period is considered to be the day when the act on the results of a planned or unscheduled inspection is handed over to the subject of state control no later than the deadline for the end of the inspection specified in the act on the appointment of a planned or unscheduled inspection or the additional act on the extension of the inspection period.
20. It is prohibited to carry out other types of inspections not established by this article.
21. Subjects of state control have the right to:
1) to prevent the inspection of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, who arrived to inspect the facility, in the following cases::
non-compliance with time intervals in relation to the previous check when assigning a scheduled check;
exceeding or expiring the time limits specified in the act on the appointment of an inspection (additional act on the extension of time (if any), which do not correspond to the time limits established by this Article;
instructions for conducting an audit to persons who do not have the appropriate authority to do so;
extending the verification period beyond the period specified in this article;
the absence of an act on the appointment of an inspection;
2) not to provide information if it does not relate to the subject of the audit;
3) appeal the act on the results of the audit of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
4) record the inspection process, as well as individual actions of an official of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan, conducted by him as part of the inspection, using audio and video equipment, without creating obstacles to the activities of the official, with his notification.
22. Subjects of state control are obliged to:
1) to ensure unhindered access of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan to the territory and premises of the subject of state control;
2) appear at the call of officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan;
3) submit materials at the request of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan;
4) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan with documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the audit, as well as access to automated databases (information systems) in accordance with with tasks and subject of verification;
5) make a note of receipt of the inspection results report on the day of its completion;
6) to prevent making changes and additions to the documents being checked during the verification period, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;
7) in case of receipt of an act on the appointment of an inspection, ensure that the head of the state control entity, and in case of his absence, a substitute person, stays at the location of the state control entity during the appointed inspection period.
23. Inspections of the subject (object) of state control are considered invalid if they are carried out with one of the following violations:
1) the absence of grounds for conducting an audit of the subject (object) of state control;
2) absence of notification, as well as non-compliance with the deadlines for notification of the start of the inspection or the extension of the inspection period;
3) the absence of an act on the appointment of an inspection of the subject (object) of state control or an additional act on the extension of the inspection period;
4) violation of the frequency of inspection of the subject (object) of state control;
5) failure to submit to the subject of state control an act on the appointment of an inspection of the subject (object) of state control;
6) appointment of an inspection of the subject (object) of state control on issues outside its competence;
7) conducting an audit of the subject (object) of state control without sending an act on the appointment of an audit to a state body that carries out activities in the field of state legal statistics and special accounting within its competence.".
8. To the Law of the Republic of Kazakhstan dated December 15, 2006 "On Culture":
1) Paragraph 2 of Article 2 shall be worded as follows:
"2. International treaties ratified by the Republic of Kazakhstan have priority over this Law. The procedure and conditions of operation in the territory of the Republic of Kazakhstan of international treaties to which the Republic of Kazakhstan is a party are determined by the legislation of the Republic of Kazakhstan.";
2) paragraph 2 of Article 4 should be supplemented with subparagraph 14) as follows:
"14) development of Russian literature and book publishing.";
3) add subparagraph 2-2) to Article 8 as follows:
"2-2) takes measures to develop and preserve the library fund in cultural and educational organizations;";
4) add subparagraph 1-2) to Article 9 as follows:
"1-2) takes measures to preserve the library fund;";
5) in article 9-1:
Add paragraph 4-1 to read as follows:
"4-1. It is prohibited to use voice (vocal) phonograms during concert entertainment and cultural events by organizers, creative groups and performers, with the exception of television recordings and in other places specially unsuited and unintentional for concert entertainment and cultural events.";
Subparagraph 7) of paragraph 5 should be worded as follows:
"7) inform the viewer about the use of voice (vocal) phonograms in the performance of musical works during spectacular cultural events in cases established by the legislation of the Republic of Kazakhstan.";
6) paragraph 2 of Article 11 should be supplemented with subparagraph 6) as follows:
"6) in any public use in the mass media or on online platforms of works that are objects of copyright, in cases and in accordance with the procedure established by the laws of the Republic of Kazakhstan, indicate the name of the author(s).";
7) add subparagraph 12) to the second part of paragraph 4 of Article 24 as follows:
"12) provision of services for the organization and holding of educational and cultural events with the provision of library facilities.";
8) Subparagraph 2) of paragraph 2 of Article 29 shall be worded as follows:
"2) inform the viewer about the use of voice (vocal) phonograms in the performance of musical works in cases established by the legislation of the Republic of Kazakhstan;".
9. To the Law of the Republic of Kazakhstan dated July 27, 2007 "On Education":
1) in article 1:
in subparagraph 13-1), replace the words "nominal scholarships" with the words "nominal scholarships, state educational order for preschool education and training, training of personnel with technical and vocational, post-secondary education in the manner determined by the authorized body in the field of education";
Sub-paragraph 44-1) should be deleted;
in subparagraph 50-3):
after the word "students" add the word "(pupils)";
Replace the words "persons (children)" with the words "children (persons)";
2) Paragraph 2 of Article 2 shall be worded as follows:
"2. International treaties ratified by the Republic of Kazakhstan have priority over this Law. The procedure and conditions of operation in the territory of the Republic of Kazakhstan of international treaties to which the Republic of Kazakhstan is a party are determined by the legislation of the Republic of Kazakhstan.";
3) subparagraph 9) of paragraph 3 of Article 3 should be supplemented with the words ", as well as compliance with the norms of academic integrity";
4) in the first part of Article 5:
subparagraph 10) after the word "comparative" add the words "and national";
subparagraph 28) after the words "who prepared them," add the words "winners of international competitions of scientific projects, teachers who prepared them,";
subparagraph 29):
after the words "to those who prepared them," add the words "to the winners of international competitions of scientific projects, to the teachers who prepared them,";
add the words ", to the winners of international competitions of scientific projects, to the teachers who prepared them";
Subparagraph 37) should be worded as follows:
"37) in coordination with the authorized body for architecture, urban planning and construction, approves the rules for financing and conducting construction, reconstruction, and major repairs of state secondary education facilities;";
Add sub-paragraphs 42-1), 54-1), 54-2) and 54-3) as follows:
"42-1) approves the adaptation program for first-grade students in the Kazakh language of instruction who need additional support for the language of instruction, as well as the rules and conditions for its implementation;";
"54-1) develops and approves a methodology for evaluating the rating indicators of the achievements of organizations of technical and vocational, post-secondary education;
54-2) develops and approves the rules for ranking organizations of technical and vocational, post-secondary education;
54-3) conducts a ranking of organizations of technical and vocational, post-secondary education based on the methodology for evaluating the rating indicators of the achievements of organizations of technical and vocational, post-secondary education and the rules for their ranking;";
5) in article 5-3:
in part one:
Add sub-paragraphs 7-1), 7-2) and 7-3) to read as follows:
"7-1) Approves the methodology for evaluating the rating indicators of the achievements of organizations of higher and (or) postgraduate education;
7-2) approves the rules for ranking organizations of higher and (or) postgraduate education;
7-3) conducts a ranking of organizations of higher and (or) postgraduate education based on the methodology for evaluating the rating indicators of the achievements of organizations of higher and (or) postgraduate education and the rules for their ranking;";
subparagraph 10) after the words "higher and" add the word "(or)";
add subparagraph 17-1) as follows:
"17-1) approves the rules of operation of international and foreign educational institutions in the Republic of Kazakhstan and (or) their branches and the forms of their cooperation;";
add numbers to the second part after the number "7)," "7-1), 7-2), 7-3),";
6) add paragraph 6 to Article 6 as follows:
"6. Local executive bodies of regions, cities of republican significance and the capital provide annual financing for the construction, reconstruction and capital repairs of state facilities of secondary education organizations in the amount determined in accordance with the rules for financing and carrying out construction, reconstruction and capital repairs of state facilities of secondary education.";
7) add the following part to Article 8-3::
"The staffing of state preschool organizations, organizations of secondary, technical and vocational, post-secondary education is subject to posting on their Internet resources in compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection, access to information.";
8) paragraph 9-1 of Article 26 should be supplemented with the words "taking into account the results of the ranking of organizations of higher and (or) postgraduate education";
9) paragraph 1 of Article 30 should be supplemented with the third part as follows:
"The graduation of pupils who have reached the age of six is carried out by a preschool organization in the period from June 1 to August 1 annually after they master the general education curriculum for pre-school education, with the exception of children with disabilities, in accordance with the recommendations of the psychological, medical and pedagogical consultation.";
10) add paragraph 1-1 to article 42 as follows:
"1-1. Private educational organizations coordinate the naming of individuals and their renaming with onomastic commissions of regions, cities of republican significance and the capital.";
11) in article 43-1:
Paragraph 2 should be supplemented with subparagraph 5-1) as follows:
"5-1) the implementation of academic and scientific activities based on independently developed standards of academic integrity;";
add paragraph 5 as follows:
"5. The authorized body in the field of science and higher education, based on the results of the ranking of organizations of higher and (or) postgraduate education, conducted on the basis of the rules for ranking organizations of higher and (or) postgraduate education, determines the organizations of higher and (or) postgraduate education that have the right:
1) independently determine the structure of educational programs of higher and (or) postgraduate education;
2) independently determine the content of educational programs of higher and (or) postgraduate education not lower than the requirements of the relevant state mandatory education standards;
3) to award the degrees of Doctor of Philosophy (PhD) and Doctor of profile in accordance with the procedure determined by the authorized body in the field of science and higher education.";
12) in the first paragraph of paragraph 9-2 of Article 44, the numbers "1), 3), 6), 7)" replace with the words "3), 6) and 7)";
13) in paragraph 17-2 of article 47:
subparagraph 3) should be worded as follows:
"3) persons who have enrolled and completed their residency studies on the basis of a state educational order, master's degree, doctoral degree;";
Add sub-paragraphs 7) and 8) to read as follows:
"7) persons who are recipients of state benefits assigned and paid to the mother or father, the adoptive parent (adoptive parent), the guardian (trustee) raising a child with a disability (children with disabilities);
8) persons who are recipients of state benefits, caring for a person with a disability of the first group.";
add the following part of the second part:
"Persons who have entered and completed their residency (residency), master's, postgraduate, and doctoral studies in foreign educational organizations are granted a deferral for the duration of their studies.";
14) in article 48-1:
Paragraph 2 should be supplemented with sub-paragraphs 6), 7) and 8) as follows:
"6) not to allow the supplier to provide the purchased services without a sanitary and epidemiological conclusion on the compliance of the catering facility with regulatory legal acts in the field of sanitary and epidemiological welfare of the population and (or) notification of the commencement of activities in accordance with the Code of the Republic of Kazakhstan "On Public Health and the Healthcare System";
7) in the process of providing the purchased services:
verify the actual provision of purchased services by the supplier's employees and their qualifications stated in the tender documentation;
check the availability and serviceability of refrigeration and processing equipment necessary for the provision of purchased services;
to ensure an organoleptic assessment of the quality of dishes and culinary products (brakage);
8) provide the local executive body of the region, the city of republican significance and the capital with information on compliance with the requirements provided for in subparagraph 7) of this paragraph.";
add paragraphs 2-1, 2-2 and 2-3 as follows:
"2-1. The supplier is obliged to keep records of the incoming documents for food products in the context of the entities that supply them.
2-2. The local executive body of the region, the city of republican significance and the capital maintains a register of suppliers of purchased services, containing information on:
date of conclusion and duration of service agreements;
employees of the supplier who actually provide the purchased services and their qualifications.
2-3. The procedure for fulfilling the requirements provided for in subparagraph 8) of paragraph 2, paragraphs 2-1 and 2-2 of this article is carried out in accordance with the rules for catering students in state organizations of secondary, technical and vocational, post-secondary education, extracurricular organizations of additional education, as well as the purchase of goods related to the provision of nutrition to children raised and enrolled in state preschool institutions. organizations, educational organizations for orphaned children and children left without parental care.";
15) in the first part of paragraph 3 of Article 51:
subparagraph 2) should be supplemented with the words "and in compliance with the norms of academic integrity";
add subparagraph 2-1) to read as follows:
"2-1) to teach students the methods of scientific research and academic writing and apply them in the field under study;";
subparagraph 7) add the words "and principles of scientific ethics";
16) add article 55-1 as follows:
"Article 55-1. State certification of educational organizations
1. The state certification of educational organizations is a procedure for a comprehensive assessment of the quality and accessibility of education, aimed at determining the compliance of educational activities with the requirements of the state mandatory standard of the appropriate level of education.
2. State certification is carried out in relation to educational organizations implementing general educational programs of preschool education and training, primary, basic secondary and general secondary education, educational programs of technical and vocational, post-secondary education, regardless of the forms of ownership and departmental subordination, as well as programs of higher and postgraduate education at the Academy of Justice, military, special educational institutions.
3. The state certification is carried out once every five years.:
1) the department of the authorized body in the field of education and its territorial subdivisions in respect of educational organizations implementing general educational programs of preschool education and training, primary, basic secondary and general secondary education, educational programs of technical and vocational, post-secondary education, regardless of the forms of ownership and departmental subordination in the manner determined by the authorized body in the field of education;
2) by the department of the authorized body in the field of science and higher education in relation to military, special educational institutions implementing higher and postgraduate education programs, regardless of departmental subordination in accordance with the procedure determined by the authorized body in the field of science and higher education;
3) the authorized body in the field of healthcare in relation to organizations implementing educational programs of technical and vocational, post-secondary education in the field of healthcare, in accordance with the procedure determined by it;
4) By the Supreme Judicial Council of the Republic of Kazakhstan in relation to the Academy of Justice in accordance with the procedure determined by it.
4. The first state certification is carried out in newly established institutions.:
1) educational organizations implementing general educational programs of preschool education and training – after three years from the date of commencement of activity;
2) organizations implementing general educational programs of primary, basic secondary and general secondary education – after four years;
3) organizations implementing educational programs for technical and vocational, post-secondary, higher and postgraduate education – no later than one year after the first graduation of specialists.
5. According to the results of the assessment of the compliance of educational activities with the requirements of the state mandatory standard of the appropriate level of education, the educational organization is recognized as having passed or failed the state certification.
In relation to educational organizations that have not passed the state certification, preventive control is carried out with a visit to the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan.";
17) in article 59:
subparagraph 1) of paragraph 2 after the word "persons," add the words "as well as individual entrepreneurs,";
in paragraph 3:
in part one, the words "and preventive control without visiting the subject (object) of control" should be deleted;
exclude part three;
points 4, 4-1, 8-5, 8-6, 8-7, 8-8, 8-9, 8-10, 8-11, 8-12 and exclude 8-13;
18) in article 59-1:
Sub-paragraphs 21), 23), 24) and 25) of paragraph 2 should be deleted;
Sub-paragraphs 1), 16) and 20) of paragraph 3 should be deleted;
19) in article 62:
in paragraph 5-1:
after the word "bodies," add the words "and taking into account the results of the ranking of organizations of higher and (or) postgraduate education,";
The second part should be worded as follows:
"The state educational order for the training of personnel with technical and vocational, post-secondary education is placed in educational institutions in accordance with the procedure determined by the authorized body in the field of education, with the exception of military, special educational institutions.";
Paragraph 6 should be worded as follows:
"6. The state educational order in educational organizations implementing general educational programs of preschool education and training, with the exception of secondary education organizations implementing general educational programs of preschool education and pre-school classes, is placed in accordance with the procedure determined by the authorized body in the field of education.";
In paragraph 8, the words "type and status of an organization of higher and (or) postgraduate education" should be replaced by the words "type, status and ranking results of an organization of higher and (or) postgraduate education, with the exception of the Academy of Justice, military, special educational institutions."
10. To the Law of the Republic of Kazakhstan dated May 4, 2010 "On Consumer Rights Protection":
Subparagraph 15) of paragraph 1 of Article 25 shall be worded as follows:
"15) an indication of the use of voice (vocal) phonograms, audiovisual recordings in the provision of entertainment services by performers of musical works in cases established by the legislation of the Republic of Kazakhstan;".
11. To the Law of the Republic of Kazakhstan dated December 27, 2019 "On the status of a teacher":
1) add the word "(centers)" to the first part of Article 3.;
2) paragraph 5 of Article 8, after the word "cabinet", add the word "(center)";
3) add the words ", winner of international competitions of scientific projects" to the second part of paragraph 3 of Article 9 after the word "subjects".
Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:
1) subparagraph 2) of paragraph 3 of Article 1, which will enter into force on January 1, 2026;
2) subitems 1) of paragraph 3, paragraph 4, subitems 1), 4), 5) and 6) of paragraph 7, paragraph 3 of subparagraph 1), subitems 14), 16), 17) and 18) of paragraph 9 of Article 1, which enter into force on February 1, 2026;
3) paragraphs of the eleventh, twelfth and thirteenth subitems 4), paragraphs of the third, fourth, fifth, sixth and tenth subitems 5) of paragraph 9 of Article 1, which enter into force on September 1, 2026;
4) subparagraph 8), paragraphs four, five, six, seven and eight of subparagraph 11), paragraphs three and eight of subparagraph 19) of paragraph 9 of Article 1, which will enter into force on January 1, 2027.
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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