On the Pardon Commission under the President of the Republic of Kazakhstan

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Decree of the President of the Republic of Kazakhstan dated July 5, 2006 No. 140.

To be published in

"Collection of acts of the President

and Governments"

In accordance with subparagraph 15) of Article 44 of the Constitution of the Republic of Kazakhstan and subparagraph 3) I HEREBY DECREE paragraph 2 of Article 33 of the Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 "On the President of the Republic of Kazakhstan":

1. Approve:

1) Regulations on the Pardon Commission under the President of the Republic of Kazakhstan in accordance with Appendix 1;

2) the composition of the Pardon Commission under the President of the Republic of Kazakhstan in accordance with Appendix 2.

2. Invalidate them:

1) Decree of the President of the Republic of Kazakhstan dated May 7, 1996 No. 2975 "On approval of the Regulations on the procedure for pardoning citizens by the President of the Republic of Kazakhstan";

2) Decree of the President of the Republic of Kazakhstan dated September 13, 1996 No. 3108 "On the composition of the Pardon Commission under the President of the Republic of Kazakhstan";

3) Decree of the President of the Republic of Kazakhstan dated January 28, 1997 No. 3343 "On Amendments and additions to Decree of the President of the Republic of Kazakhstan dated September 13, 1996 No. 3108 "On the composition of the Pardon Commission under the President of the Republic of Kazakhstan";

4) Decree of the President of the Republic of Kazakhstan dated February 18, 1998 No. 3841 "On Amendments and additions to Decree of the President of the Republic of Kazakhstan dated May 7, 1996 No. 2975" (SAPP of the Republic of Kazakhstan, 1998, No. 4, art. 20);

5) Decree of the President of the Republic of Kazakhstan dated April 1, 1998 No. 3892 "On Amendments to Decree of the President of the Republic of Kazakhstan dated September 13, 1996 No. 3108";

6) Decree of the President of the Republic of Kazakhstan dated February 13, 2001 No. 557 "On Amendments to Decree of the President of the Republic of Kazakhstan dated May 7, 1996 No. 2975";

7) paragraph 1 of Decree of the President of the Republic of Kazakhstan dated November 7, 2001 No. 719 "On Amendments to Decrees of the President of the Republic of Kazakhstan dated September 13, 1996 No. 3108 and June 18, 1996 No. 3039";

8) Decree of the President of the Republic of Kazakhstan dated March 6, 2002 No. 821 "On Amendments to Decree of the President of the Republic of Kazakhstan dated September 13, 1996 No. 3108";

9) Decree of the President of the Republic of Kazakhstan dated February 4, 2004 N 1288 "On amendments and additions to Decree of the President of the Republic of Kazakhstan dated May 7, 1996 N 2975";

10) subparagraph 2) of paragraph 1 of Decree of the President of the Republic of Kazakhstan dated December 15, 2004 No. 1504 "On Amendments to certain Acts of the President of the Republic of Kazakhstan";

11) paragraph 1 of Decree of the President of the Republic of Kazakhstan dated May 16, 2005 No. 1573 "On Amendments and additions to Decree of the President of the Republic of Kazakhstan dated May 7, 1996 No. 2975 and invalidation of certain Acts of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2005, No. 20, art. 238).

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan

APPENDIX 1CONFIRMED by Decree of the President of the Republic of Kazakhstan On July 5, 2006 No. 140

Regulations of the Pardon Commission under the President of the Republic of Kazakhstan

The footnote. Changes have been made throughout the text in the official language, the text in Russian does not change in accordance with Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

1. General provisions

1. This Regulation on the Pardon Commission under the President of the Republic of Kazakhstan (hereinafter referred to as the Regulation) in accordance with subparagraph 15) of Article 44 of the Constitution of the Republic of Kazakhstan, subparagraph 6) of Article 19 and subparagraph 3) Paragraph 2 of Article 33 of the Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 "On the President of the Republic of Kazakhstan" defines the procedure for the activities of the Pardon Commission under the President of the Republic of Kazakhstan (hereinafter referred to as the Commission) and consideration of applications for pardon.

The footnote. Paragraph 1 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

2. The pardon is carried out by the President of the Republic of Kazakhstan on the basis of the petition of the person in respect of whom the guilty verdict has entered into force, as well as the person serving or having served in the territory of the Republic of Kazakhstan the sentence imposed by the verdict of the court of a foreign state.

The footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

3. The President of the Republic of Kazakhstan may, at his discretion, pardon a convicted person or a person who has served his sentence.

The footnote. Paragraph 3 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

4. A petition for pardon may be filed only after the court verdict (resolution) has entered into legal force.

The footnote. Paragraph 4 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

5. A pardon is granted in the form of:

1) Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

1-1) replacement of life imprisonment with imprisonment for a certain period of time;

2) release from further serving of the sentence or reduction of the term of the imposed punishment;

3) replacement of the punishment imposed by the court with a more lenient type of punishment;

3-1) exemption from additional punishment;

4) removal of criminal record from persons who have served their sentence or have been released from further serving it.

The footnote. Paragraph 5 as amended by Decrees of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036; dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

2. Commission on Pardons under the President of the Republic of Kazakhstan

6. Consideration of pardon materials is carried out by the Commission on Pardon Issues under the President of the Republic of Kazakhstan (hereinafter referred to as the Commission), which is an advisory body under the President of the Republic of Kazakhstan.

7. The composition of the Commission is approved by the President.

8. The Commission is headed by the Chairman.

The Commission consists of the ex officio Assistant to the President of the Republic of Kazakhstan for Legal Affairs, who is the Deputy Chairman, the Commissioner for Human Rights in the Republic of Kazakhstan, the Deputy Prosecutor General in charge of the execution of sentences and rehabilitation of citizens, and the Chairman of the Committee on the Penal System of the Ministry of Internal Affairs of the Republic of Kazakhstan.

The Commission may include deputies of the Parliament of the Republic of Kazakhstan, representatives of non-governmental organizations and other persons.

The footnote. Paragraph 8 - as amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication); as amended by Decree of the President of the Republic of Kazakhstan dated 10/20/2023 No. 384.

9. In the absence of the Chairman at the meeting of the Commission, his duties are assigned to the Deputy Chairman of the Commission.

10. A meeting of the Commission is considered competent if more than two thirds of its members take part in it.

11. The Chairman of the Supreme Court, the Chairmen of the judicial boards of the Supreme Court, the heads of central government bodies or their deputies may attend the meetings of the Commission and speak on the issues under discussion.

The footnote. Paragraph 11 is amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

12. The Commission has the right to invite representatives of state bodies, public associations, as well as other persons to its meetings in order to obtain the necessary information on issues within its competence.

The footnote. Paragraph 12 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

13. The Commission's decision is made by a majority vote of the number of its members present at the meeting. The issue that is most favorable for the convicted person is put to the vote first. If the votes of the Commission members are equally divided, the vote of the Chairman is decisive. The Commission's decision is recorded in a protocol and signed by all its members who participated in the meeting.

Invited persons do not participate in voting when the Commission makes a decision.

The footnote. Paragraph 13 as amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

14. When considering the issue of pardon, they are studied and taken into account:

1) the nature and degree of public danger of the crime committed, the personality of the convicted person, his behavior, attitude to work, participation in the work of amateur organizations in places of deprivation of liberty, the term of the sentence not served, marital status and other circumstances relevant when considering a petition for pardon;

2) conclusions of the Chairman of the Supreme Court, the Prosecutor General and the Minister of Internal Affairs of the Republic of Kazakhstan on the expediency of applying an act of pardon to a convicted person;

3) opinions of the administration of the bodies executing the punishment, public associations and labor collectives (if any);

4) an appeal (if any) from the victim or his legal representative for pardon of the convicted person.

The footnote. Paragraph 14 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

15. The working body of the Commission is the State Legal Department of the Presidential Administration of the Republic of Kazakhstan, which carries out:

1) preliminary review of the submitted materials on pardon, preparation of the necessary materials for consideration by the Commission and the President of the Republic of Kazakhstan;

2) control over the timely execution of presidential decrees on pardon;

3) Generalization of the practice of pardon application;

4) other powers provided for by the Regulations on the Administration of the President of the Republic of Kazakhstan and these Regulations.

The footnote. Paragraph 15 as amended by Decree of the President of the Republic of Kazakhstan dated 04/24/2008 N 576 .

3. The procedure for sending a petition for pardon

16. The convicted person applies in writing with a petition for pardon addressed to the President of the Republic of Kazakhstan.

The footnote. Paragraph 16 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

17. A petition for pardon of a person sentenced to imprisonment or arrest is submitted through the administration of the institution executing the sentence.

A petition for pardon of a person (serviceman) sentenced to arrest and serving time in the brig is submitted through the military police authorities at the place of serving the sentence.

A petition for pardon of a person sentenced to restriction of liberty, correctional labor, community service, or a suspended sentence is submitted through the probation service at the place of residence.

A petition for pardon of a person released on parole from serving a sentence is submitted through the internal affairs bodies at the place of residence.

A person sentenced to a fine or who has served his sentence, or who has been released from further serving his sentence, independently submits a petition for pardon addressed to the President of the Republic of Kazakhstan.

The footnote. Paragraph 17 is amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

18. Excluded by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

19. Excluded by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

19-1. Excluded by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

19-2. Excluded by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

20. Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective after ten calendar days after the date of its first official publication). 21. Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective after ten calendar days after the date of its first official publication). 22. Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective after ten calendar days after the date of its first official publication). 23. Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective after ten calendar days after the date of its first official publication).

24. The administration of institutions, bodies executing punishment, or internal affairs bodies are obliged to send it, together with the documents specified in paragraph 25 of these Regulations, to the Administration of the President of the Republic of Kazakhstan within fifteen working days after registration of the petition for pardon.

The petitioner is informed about sending a petition for pardon within three working days.

The footnote. Paragraph 24 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

25. The following documents are attached to the petition for pardon:

1) a certified copy of the identity document;

1-1) a questionnaire indicating the convicted person's biographical information, information about his marital status, previous criminal record, the application of an amnesty act to the convicted person, as well as the results of consideration of the convicted person's previous petitions for clemency (with the exception of the person applying for clemency on his own);

2) certified copies of judicial acts according to which the convicted person is (has been) serving his sentence;

3) a presentation with the opinion of the administration of the institution, the bodies executing the punishment, and the internal affairs bodies on the expediency of applying the act of pardon (a person who has served a sentence or been released from further serving a sentence, as well as sentenced to life imprisonment for the right to hold certain positions or engage in certain activities, shall attach a presentation from the internal affairs bodies at the place of residence);

4) characterization (the person applying for clemency independently attaches a characterization from the internal affairs bodies at the place of residence);

5) certificate of health status;

5-1) psychological characteristics (attached by the administration of the institution);

6) certificate of claims and outstanding debts;

7) at the request of the convicted person, the person who has served his sentence or who has been released from further serving his sentence, as well as at the initiative of the administration of the institution, the bodies executing the punishment, and the internal affairs bodies, other documents relevant to the consideration of the issue of granting clemency.

The working body of the Commission may demand from the administration of institutions, bodies executing sentences, and internal affairs bodies additional materials relevant to the consideration of the issue of pardon.

The footnote. Paragraph 25 is amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

26. The materials attached to the petition for pardon and sent through institutions, internal affairs bodies, and bodies executing punishment are certified respectively by the administration of these institutions and the leadership of the relevant bodies.

The materials attached to the petition for pardon and sent independently by the person who has served the sentence or released from its further serving are subject to notarization.

The footnote. Paragraph 26 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036; as amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

27. Excluded by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

28. If the President of the Republic of Kazakhstan decides to pardon a person at his discretion, the working body of the Commission will demand the necessary documents from the administration of the institution, the bodies executing the punishment, the internal affairs bodies, or from the person who has served the sentence or has been released from its further serving.

The footnote. Paragraph 28 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

29. The administration of the institution or the body executing the punishment, which sent the petition for pardon, is obliged to notify the Commission in the case of:

1) death of a convicted person;

2) transfer of the convicted person to another institution;

3) the appearance of other circumstances that may affect the decision on the pardon.

4. Proceedings on the consideration of petitions for pardon

30. The received materials with a request for pardon are sent by the working body of the Commission to the Prosecutor General's Office, the Supreme Court and the Ministry of Internal Affairs of the Republic of Kazakhstan, which, no later than one month after receipt, submit conclusions indicating the content of the court decisions taken, the circumstances of the crime, information about the identity of the convicted person and their opinion on the merits of each request for pardon.

Petitions for clemency, which contain references to the unreasonableness of the conviction or violations of the law that need to be verified, are sent by the working body or the Commission for verification to the relevant state bodies.

In case of improper processing of documents submitted with a request for pardon, the working body of the Commission returns them for revision.

The footnote. Paragraph 30 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

31. Materials with petitions for clemency, based on the results of their study and after receiving the conclusions of the relevant state bodies, are submitted by the working body to the Commission for consideration.

If there are no grounds for submitting a request for pardon to the Commission, the working body shall notify the institutions, bodies executing the punishment, and internal affairs bodies about this, in order to inform the person requesting the pardon or the person who submitted the request on his own.

The footnote. Paragraph 31 as amended by Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

32. Based on the results of consideration of the Commission's proposals, the President of the Republic of Kazakhstan issues decrees on pardon, which are not subject to appeal.

If petitions for pardon are rejected, the working body of the Commission shall inform in writing about this to the institutions, bodies executing the punishment, and internal affairs bodies for subsequent informing of the person applying for pardon or the person who applied for such a petition on his own.

The footnote. Paragraph 32 as amended by the Decree of the President of the Republic of Kazakhstan dated 04/22/2015 No. 1036.

5. Final provisions

33. Decrees on pardon are sent for supervision to the Prosecutor General's Office of the Republic of Kazakhstan, for execution – to the Ministry of Internal Affairs of the Republic of Kazakhstan or other bodies executing punishment.

The footnote. Paragraph 33 is amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication).

34. Information on the execution of decrees of the President of the Republic of Kazakhstan on pardon is provided to the Administration of the President of the Republic of Kazakhstan by the Minister of Internal Affairs of the Republic of Kazakhstan or heads of other central state bodies executing punishment.

The footnote. Paragraph 34 is amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication). 35. Excluded by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective after ten calendar days after the date of its first official publication).

APPENDIX 2 was approved by Decree of the President of the Republic of Kazakhstan on July 5, 2006 No. 140

The footnote. The composition is as amended by Decree of the President of the Republic of Kazakhstan dated 02/09/2023 No. 126 (effective ten calendar days after the date of its first official publication); as amended by Decrees of the President of the Republic of Kazakhstan dated 10/20/2023 No. 384; dated 07/02/2024 No. 594.

Composition of the Pardon Commission under the President of the Republic of Kazakhstan

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Bashimov Marat Sovetovich

–

Deputy of the Mazhilis of the Parliament of the Republic of Kazakhstan, Chairman (by agreement)

Members of the Commission:

Asanova Zhanna Beisentaevna

–

Deputy of the Senate of the Parliament of the Republic of Kazakhstan (by agreement),

Borchashvili Isidor Shamilovich

–

Doctor of Law, Professor (by agreement)

Aubakirova Indira Uralovna

–

Doctor of Law (by agreement);

Turmagambetova Zhemis Utegenovna

–

Executive Director of the Charter for Human Rights Foundation (as agreed).

President

Republic of Kazakhstan

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