On the establishment of the National Human Rights Center

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Decree of the President of the Republic of Kazakhstan dated December 10, 2002 No. 992.

In order to implement the Decree of the President of the Republic of Kazakhstan dated September 19, 2002 No. 947 "On the establishment of the post of Commissioner for Human Rights", I hereby decree:

1. To create a State institution, the National Center for Human Rights.

2. To approve the attached Regulations on the National Human Rights Center.

3. Excluded by Decree of the President of the Republic of Kazakhstan dated 30.06.2022 No. 948 (effective from 07/01/2022).

4. This Decree comes into force from the date of signing.

President of the Republic of Kazakhstan

Approved by Decree of the President of the Republic of Kazakhstan on December 10, 2002 No. 992

Regulations on the National Center for Human Rights

The footnote. The Regulation is amended by Decree of the President of the Republic of Kazakhstan dated 30.06.2022 No. 948 (effective from 07/01/2022).

Chapter 1. General provisions

1. The National Center for Human Rights (hereinafter referred to as the National Center) is a state institution that provides information, analytical, organizational, legal and other support for the activities of the Commissioner for Human Rights in the Republic of Kazakhstan (hereinafter referred to as the Commissioner) and is its working body.

2. The National Center has representative offices in the regions, cities of national importance and the capital.

3. The National Center carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Commissioner for Human Rights in the Republic of Kazakhstan", other regulatory legal acts of the Republic of Kazakhstan, as well as this Regulation.

The footnote. Paragraph 3 – as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

4. The National Center is a legal entity in the organizational and legal form of a state institution, has a seal and letterheads indicating its name in the state and Russian languages, as well as corresponding accounts in banking institutions.

The representative offices of the National Center have letterheads indicating their names in the state and Russian languages.

The footnote. Paragraph 4 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

5. The National Center enters into civil law relations on its own behalf.

6. The National Center has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.

7. The National Center makes decisions on issues of its competence in accordance with the procedure established by law, which are formalized by orders of the head of the National Center.

8. The structure and staffing limit of the National Center are approved in accordance with the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: 8 Mangilik El Avenue, 010000, Astana city.

The footnote. Paragraph 9 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

10. This Regulation is the founding document of the National Center.

11. The activities of the National Center are financed from the national budget in accordance with the legislation of the Republic of Kazakhstan.

12. The National Center is prohibited from entering into contractual relations with business entities for the performance of duties that are the authority of the National Center.

If the National Center is granted the right by legislative acts to carry out income-generating activities, then the income received is sent to the state budget.

Chapter 2. Tasks and powers of the National Center and its representative offices

13. The tasks of the National Center and its representative offices include ensuring the activities of the Commissioner to promote the restoration of violated human and civil rights and freedoms, the promotion and promotion of human and civil rights and freedoms.

The footnote. Paragraph 13 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

14. Powers of the National Center and its representative offices:

1) rights:

to request and receive from government agencies, local government and self-government bodies, other organizations and officials documents, materials and information related to the activities of the Commissioner;

organize receptions of citizens, including with the invitation of representatives of state bodies, local government and self-government bodies, as well as other organizations (joint receptions);

organize work on the consideration of complaints or other appeals from individuals and legal entities addressed to the Commissioner and his representatives;

to consider complaints or other appeals of individuals and legal entities to the National Center or its representative offices;

2) responsibilities:

prepare draft recommendations, petitions and proposals of the Commissioner and his representatives on the protection of human and civil rights and freedoms and organize their transmission to state bodies, local government and self-government bodies and organizations, officials;

ensure that the Commissioner and his representative visit organizations and institutions that provide special social services, provide temporary isolation from society, or are intended to carry out punishment;

to ensure the work of the Commissioner to coordinate the activities of the participants of the national preventive mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, to take measures to ensure their necessary potential and professional knowledge, as well as to exercise other powers in accordance with the legislation of the Republic of Kazakhstan.;

to ensure the activities of the Commissioner for the promotion of legal education in the field of human and civil rights and freedoms, interaction with public associations, experts and specialists;

other powers to ensure the activities of the Commissioner in accordance with the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 14 as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

15. Functions of the National Center and its representative offices:

1) preparation of proposals by the Commissioner for the development of draft laws, improvement of legislation of the Republic of Kazakhstan on the promotion and protection of human and civil rights and freedoms for submission to the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;

2) preparation of the draft annual report of the Commissioner on his activities, as well as special reports and their dissemination;

3) organizing the participation of the Commissioner and his representatives in joint and separate meetings of the Chambers of the Parliament of the Republic of Kazakhstan, meetings of the working bodies of the Parliament of the Republic of Kazakhstan and its Chambers and other events with the participation of deputies of the Parliament of the Republic of Kazakhstan, at plenary sessions of maslikhats of regions, cities of republican significance or the capital, at meetings of the Government of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan, collegial state and other bodies formed in state bodies;

4) preparation of recommendations and proposals on measures aimed at preventing violations and restoring human and civil rights and freedoms for submission to the Authorized Government of the Republic of Kazakhstan and other state bodies, local government and self-government bodies, other organizations and officials;

5) preparation of petitions of the Commissioner to authorized state bodies or officials on the implementation of disciplinary or administrative proceedings or proceedings on a criminal offense against a person who violated human and civil rights and freedoms;

6) preparation of proposals of the Commissioner for submission to the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and state bodies of the Republic of Kazakhstan in accordance with the tasks specified in the Constitutional Law of the Republic of Kazakhstan "On the Commissioner for Human Rights in the Republic of Kazakhstan";

7) interaction on behalf of the Commissioner with other participants of the national preventive mechanism;

8) interaction with citizens, public associations, experts, government agencies, local government and self-government bodies, as well as other organizations on behalf of and on behalf of the Commissioner and his representatives;

9) preparation and submission of proposals to the Commissioner and his representatives based on the results of consideration of complaints or other appeals from individuals and legal entities;

10) other functions based on the acts of the Commissioner and the head of the National Center.

The footnote. Paragraph 15 as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

Chapter 3. Status and powers of the Head of the National Center and representatives of the Commissioner

16. The management of the National Center is carried out by the head, who is personally responsible for the fulfillment of the tasks assigned to the National Center and the exercise of his powers.

The management of the representative office of the National Center within the relevant administrative-territorial unit is carried out by a representative of the Commissioner, who is personally responsible for fulfilling the tasks assigned to the representative office of the National Center and exercising his powers.

The execution of the powers of the head of the National Center and representatives of the Commissioner during their absence is carried out by persons replacing them, in accordance with the current legislation and acts of the Commissioner.

17. The Head of the National Center and his deputies are appointed and dismissed by the Commissioner.

The footnote. Paragraph 17 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

18. The head of the National Center determines the powers of his deputies in coordination with the Commissioner in accordance with the legislation of the Republic of Kazakhstan.

19. Powers of the Head of the National Center:

1) organizes and manages the work and coordinates the activities of the National Center, monitors the activities of the representative offices of the National Center;

2) develops and submits draft acts to the Commissioner for approval:

rules for reviewing complaints;

regulations on the Coordinating Council under the Commissioner;

regulations on the Expert Council under the Authorized Body;

rules for the selection of participants of the national preventive mechanism;

rules for the formation of groups of participants of the national preventive mechanism for preventive visits;

guidelines for preventive visits;

position and description of the symbol and flag of the Commissioner;

procedure for preparation and distribution of the Commissioner's reports;

functional duties of the Commissioner's representatives;

3) issue binding legal acts on behalf of the National Center within the limits of its competence;

3-1) approves the Regulations of the National Center, the regulations on the representative offices of the National Center;

4) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, appoints and dismisses employees of the National Center and its representative offices in regions, cities of republican significance, the capital;

5) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, impose disciplinary penalties and apply incentive measures to employees of the National Center and its representative offices;

6) submits for consideration by the Authorized Representative submissions on the imposition of disciplinary penalties and the application of incentive measures against representatives of the Authorized Representative in the regions, cities of republican significance, the capital;

7) submits proposals to the Commissioner on proposals on awarding employees of the National Center and its representative offices, as well as awarding representatives of the Commissioner with state awards;

8) represents the National Center in relations with government agencies and other organizations in accordance with the legislation of the Republic of Kazakhstan;

9) approves the staffing table of the National Center and its representative offices in accordance with the approved structure and staffing limit;

10) exercise other powers in accordance with the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 19 as amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

20. The representative of the Commissioner is appointed and dismissed by the Commissioner in accordance with the legislation of the Republic of Kazakhstan on public service.

The representative of the Commissioner directs the activities of the representative office of the National Center in accordance with the approved functional responsibilities, this Regulation, the Regulation on the relevant representative office of the National Center, considers complaints or other appeals of individuals and legal entities on behalf of the Commissioner, and also exercises other powers in accordance with the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 20 is amended by Decree of the President of the Republic of Kazakhstan dated January 23, 2023 No. 108.

Chapter 4. Property of the National Center

21. The National Center may have separate property on the right of operational management in cases stipulated by the legislation of the Republic of Kazakhstan.

The property of the National Center is formed at the expense of property transferred to it by the owner, as well as property (including monetary income) acquired as a result of its own activities, and other sources not prohibited by the legislation of the Republic of Kazakhstan.

22. The property assigned to the National Center belongs to the republican ownership.

23. The National Center has no right to independently alienate or otherwise dispose of the property assigned to it and the property acquired at the expense of funds provided to it under the financing plan, unless otherwise established by the legislation of the Republic of Kazakhstan.

Chapter 5. Reorganization and abolition of the National Center

24. The reorganization and abolition of the National Center are carried out in accordance with the legislation of the Republic of Kazakhstan.

The list of representative offices in regions, cities of national importance, the capital, under the jurisdiction of the National Center:

1) Representation of the National Center for Human Rights in the Abai region;

2) representative office of the National Center for Human Rights in the Akmola region;

3) Representative office of the National Center for Human Rights in Aktobe region;

4) Representative office of the National Center for Human Rights in the Almaty region;

5) Representative office of the National Center for Human Rights in Atyrau region;

6) Representative office of the National Center for Human Rights in the East Kazakhstan region;

7) Representative office of the National Center for Human Rights in Zhambyl region;

8) representation of the National Center for Human Rights in the field of Zhetisu;

9) Representative office of the National Center for Human Rights in the West Kazakhstan region;

10) Representative office of the National Center for Human Rights in the Karaganda region;

11) Representative office of the National Center for Human Rights in Kostanay region;

12) Representative office of the National Center for Human Rights in the Kyzylorda region;

13) Representative office of the National Center for Human Rights in the Mangystau region;

14) representative office of the National Center for Human Rights in Pavlodar region;

15) Representative office of the National Center for Human Rights in the North Kazakhstan region;

16) Representative office of the National Center for Human Rights in the Turkestan region;

17) Representative office of the National Center for Human Rights in the Ulytau region;

18) Representative office of the National Center for Human Rights in Astana;

19) Representative office of the National Center for Human Rights in the city of Almaty;

20) representation of the National Center for Human Rights in the city of Shymkent.

President

Republic of Kazakhstan

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