Law of the Republic of Kazakhstan No. 2337 of June 19, 1995
On the legal status of foreigners
(with amendments and additions as of 06/29/2021)
The form of the act and the title are set out in the wording of the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.)
Section I. General provisions
Article 1. Legislation on the legal status of foreigners in the Republic of Kazakhstan
Article 2. Foreigners and stateless persons in the Republic of Kazakhstan
Article 3. Principles of the legal status of foreigners in the Republic of Kazakhstan
Article 4. Foreigners permanently residing and temporarily staying in the Republic of Kazakhstan
Article 5. Granting asylum
Section II. Basic rights, freedoms and obligations of foreigners in the Republic of Kazakhstan
Article 6. Work and leisure
Article 7. Health protection
Article 8. Social and pension provision
Article 9. The right to housing, other property and personal non-property rights
Article 10. Getting an education
Article 11. Use of cultural achievements
Article 12. Participation in public associations
Article 13. Freedom of conscience
Article 14. Marriage and family relations
Article 15. Inviolability of the home, honor and dignity of the individual
Article 16. Movement on the territory of the Republic of Kazakhstan and choice of place of residence
Article 17. Taxes and fees
Article 18. Protection of the rights of foreigners
Article 19. Restrictions on the right to vote
Article 20. Attitude to military duty
Section III. Entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan of foreigners
Article 21. Establishment of rules for entry into the Republic of Kazakhstan, exit from the Republic of Kazakhstan, transit through the territory of the Republic of Kazakhstan
Article 22. Entry to the Republic of Kazakhstan
Article 23. Departure from the Republic of Kazakhstan
Article 24. Transit passage
Section IV. Responsibility of foreigners. Shortening the length of stay. Expulsion
Article 25. Grounds for liability for offenses
Article 26. Responsibility for violation of the rules of stay in the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan
Article 27. Reduction of the period of stay in the Republic of Kazakhstan
Article 28. Expulsion from the Republic of Kazakhstan
Section V. Final provisions
Article 29. The effect of this Law on stateless persons
Article 30. Limitations of the scope of this Law
Article 31. The procedure for the entry into force of this Law
The preamble is excluded in accordance with the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.)
Throughout the text, the words "Decree", "Decree", "Decree" are replaced, respectively, by the words "Law", "Law", "Law"; the words "foreign citizens", "Foreign citizens", "Foreign citizens", "foreign citizens", "foreign citizens", "foreign citizens", "Foreign citizens", "foreign citizen", "Foreign citizen", "Foreign citizen", "Foreign citizen" are replaced respectively by the words "foreigners", "Foreigners", "Foreigners", "foreigners", "foreigners", "foreigners", "foreigners", "Foreigners", "Foreigners", "Foreigners", "Foreigner", "Foreigner", "Foreigner", "Foreigner" in accordance with the Law of the Republic of Kazakhstan from 12.01.07, No. 227-III (see old ed.)
Section I. General provisions
Article 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old edition); the Law of the Republic of Kazakhstan dated 13.05.20 No. 327-VI (see old edition)
Article 1. Legislation on the legal status of foreigners in the Republic of Kazakhstan
The legislation of the Republic of Kazakhstan on the legal status of foreigners is based on The Constitution of the Republic of Kazakhstan and defines in accordance with it the basic rights and obligations of foreigners, the procedure for their entry into the Republic of Kazakhstan, stay and movement on its territory and departure from the Republic of Kazakhstan.
The legislation on the legal status of foreigners in the Republic of Kazakhstan consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
The legal status of foreigners in the Republic of Kazakhstan may also be determined by international treaties of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Article 2. Foreigners and stateless persons in the Republic of Kazakhstan
Foreigners in the Republic of Kazakhstan are recognized as persons who are not citizens of the Republic of Kazakhstan and have proof of their belonging to the citizenship of another state.
Persons who are not citizens of the Republic of Kazakhstan and do not have proof of their belonging to the citizenship of another state are recognized as stateless persons.
Article 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 13.05.20 No. 327-VI (see old ed.)
Article 3. Principles of the legal status of foreigners in the Republic of Kazakhstan
Foreigners in the Republic of Kazakhstan have all the rights and freedoms, as well as bear all the duties established by The Constitution and in accordance with the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
Foreigners in the Republic of Kazakhstan are equal before the law, regardless of their origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation.
The use of foreigners' rights and freedoms should not harm the interests of the Republic of Kazakhstan, the rights and legitimate interests of its citizens and other persons and is inseparable from the performance of their duties established by the legislation of the Republic of Kazakhstan.
Article 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 01.03.01 No. 160-II; the Law of the Republic of Kazakhstan dated 16.03.2001 No. 164-II (see old ed.); the Law of the Republic of Kazakhstan dated 02.03.06 No. 131-III (see old ed.); set out in the wording of the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.); amended in accordance with the Law of the Republic of Kazakhstan dated 10.12.13 No. 153-V (see old ed.); the Law of the Republic of Kazakhstan dated 24.11.15, No. 421-V (see old ed.); Law of the Republic of Kazakhstan dated 27.12.19, No. 292-VI (see Old ed.); Law of the Republic of Kazakhstan dated 13.05.20, No. 327-VI (see old ed.)
Article 4. Foreigners permanently residing and temporarily staying in the Republic of Kazakhstan
Foreigners who have received a permanent residence permit in the Republic of Kazakhstan in accordance with the procedure determined by the Ministry of Internal Affairs of the Republic of Kazakhstan are recognized as permanent residents in the Republic of Kazakhstan.
A prerequisite for granting a permanent residence permit in the Republic of Kazakhstan is confirmation by the person applying for such a permit, with the exception of ethnic Kazakhs, persons born or previously held citizenship of the Republic of Kazakhstan or the Kazakh Soviet Socialist Republic, and their family members, of their solvency in the manner and amounts determined by the Government of the Republic of Kazakhstan.
Foreigners who are in the Republic of Kazakhstan on another legal basis, as well as recognized as victims, witnesses, suspects or accused in criminal cases, are considered to be temporarily staying in the Republic of Kazakhstan until the entry into force of a court verdict or the adoption of another procedural decision by authorized bodies.
The fourth paragraph of Article 4 was suspended until January 2, 2021, during the suspension period, this paragraph was valid in the wording of paragraph 2 of Article 2 of the Law of the Republic of Kazakhstan dated 13.05.20 No. 327-VI (see old ed.)
Kandases have the right to simultaneously submit documents for obtaining a permanent residence permit in the Republic of Kazakhstan and admission to citizenship of the Republic of Kazakhstan in a simplified (registration) procedure.
Article 5 was amended in accordance with the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.)
Article 5. Granting asylum
The Republic of Kazakhstan grants the right of asylum to foreigners who have become victims of human rights violations.
The issue of granting political asylum is decided by the President of the Republic of Kazakhstan.
Section II. Fundamental rights, freedoms and duties of foreigners
in the Republic of Kazakhstan
Article 6 was amended in accordance with the Law of the Republic of Kazakhstan dated 16.03.2001 No. 164-II (see old ed.); the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.); the Law of the Republic of Kazakhstan dated 16.04.18 No. 147-VI (see old ed.)
Article 6. Work and leisure
Foreigners may work in the Republic of Kazakhstan on the basis and in accordance with the procedure established by the legislation and international treaties of the Republic of Kazakhstan. In order to ensure the implementation of the constitutional right of citizens of the Republic of Kazakhstan to freedom of work, legislative acts may establish restrictions on the employment of foreigners in the Republic of Kazakhstan.
Foreigners may not be appointed to certain positions or engage in a certain type of labor activity if, in accordance with the legislation of the Republic of Kazakhstan, appointment to these positions or occupation of such activity is associated with belonging to the citizenship of the Republic of Kazakhstan.
Foreigners permanently residing in the Republic of Kazakhstan have the same rights and duties in labor relations as citizens of the Republic of Kazakhstan.
Foreigners temporarily staying in the Republic of Kazakhstan may be subjects of private entrepreneurship. At the same time, it is not allowed to carry out entrepreneurial activity without the formation of a legal entity.
Foreigners staying in the Republic of Kazakhstan have the right to rest on a common basis with citizens of the Republic of Kazakhstan.
Article 7 was amended in accordance with the Law of the Republic of Kazakhstan dated 16.07.09 No. 186-IV (see old ed.); set out in the wording of the Law of the Republic of Kazakhstan dated 16.11.15 No. 406-V (effective from January 1, 2018) (see old ed.)
Article 7. Health protection
Foreigners and stateless persons residing in the territory of the Republic of Kazakhstan, medical assistance is provided in the presence of a voluntary medical insurance policy, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
Article 8 has been amended in accordance with Law No. 134-I
Article 8. Social and pension provision
Foreigners permanently residing in the Republic of Kazakhstan have the same rights and obligations in matters of social and pension provision as citizens of the Republic of Kazakhstan.
In cases where a certain length of service is required for the appointment of pensions and pension payments and benefits, foreigners may be credited with the length of their work abroad on the grounds and in accordance with the procedure established by legislation and international treaties of the Republic of Kazakhstan.
The second part of Article 9 has been supplemented in accordance with the Law RK No. 160-II dated 01.03.01; amended in accordance with the Law of the Republic of Kazakhstan dated 24.11.15 No. 421-V (see old ed.)
Article 9. The right to housing, other property and personal non-property rights
Foreigners permanently residing in the Republic of Kazakhstan in housing relations have the same rights and bear the same obligations as citizens of the Republic of Kazakhstan, unless otherwise provided Constitution, laws and international treaties.
Foreigners may own housing (except for temporarily staying foreigners) and other property in the Republic of Kazakhstan, have the rights of the author of works of science, literature and art, discoveries, inventions, innovation proposals, industrial designs, as well as other property and personal non-property rights, except for the cases established by Constitution, laws and international treaties.
If a foreign citizen who does not permanently reside in Kazakhstan has received an inheritance in the form of immovable property on the territory of the Republic of Kazakhstan, he must alienate this property within one year - see answer Minister of Justice of the Republic of Kazakhstan dated July 7, 2010
Foreigners permanently residing in the Republic of Kazakhstan enjoy their property and personal non-property rights on an equal basis with citizens of the Republic of Kazakhstan.
Foreigners temporarily staying in the Republic of Kazakhstan have the right to use property and personal non-property rights on the grounds and in accordance with the procedure established by the legislation and international treaties of the Republic of Kazakhstan.
Article 10 was amended in accordance with the Law of the Republic of Kazakhstan dated 16.03.2001 No. 164-II (see old edition); set out in the wording of the Law of the Republic of Kazakhstan dated 27.07.07 No. 320-III (see old edition)
Article 10. Getting an education
Foreigners and stateless persons permanently residing in the Republic of Kazakhstan have equal rights with citizens of the Republic of Kazakhstan to receive pre-school, primary, basic secondary and general secondary education in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of education.
Stateless persons permanently residing in the Republic of Kazakhstan are granted the right to receive free technical and vocational, post-secondary, higher and postgraduate education on a competitive basis in accordance with the state educational order, if they receive education at each of these levels for the first time.
The right for foreigners to receive free technical and vocational, post-secondary, higher and postgraduate education on a competitive basis in accordance with the state educational order is determined by international treaties of the Republic of Kazakhstan.
Foreigners accepted in educational organizations have the rights and duties of students and pupils in accordance with the legislation of the Republic of Kazakhstan.
Article 11. Use of cultural achievements
Foreigners in the Republic of Kazakhstan have the right to enjoy cultural achievements on an equal basis with citizens of the Republic of Kazakhstan. They are obliged to take care of historical and cultural monuments and other cultural values.
Article 12. Participation in public associations
Foreigners permanently residing in the Republic of Kazakhstan have the right to join public associations, except for political parties and public associations pursuing political goals, and if this does not contradict the charters (provisions) of these associations.
The creation of a public association can be initiated only by citizens of Kazakhstan - see Response of the Minister of Justice of the Republic of Kazakhstan dated April 12, 2011
Article 13. Freedom of conscience
Foreigners residing in the Republic of Kazakhstan are guaranteed freedom of conscience on an equal basis with citizens of the Republic of Kazakhstan.
Incitement of enmity and hatred in connection with religious beliefs is prohibited.
Article 14. Marriage and family relations
Foreigners in the Republic of Kazakhstan may enter into and terminate marriages with citizens of the Republic of Kazakhstan and other persons, enjoy rights and bear obligations in marriage and family relations on an equal basis with citizens of the Republic of Kazakhstan in accordance with the legislation and international treaties of the Republic of Kazakhstan.
Refusal to register a marriage due to the fact that both spouses are foreign citizens is illegal - see answer Minister of Justice of the Republic of Kazakhstan dated May 21, 2010
Article 15. Inviolability of the home, honor and dignity of the individual
Foreigners in the Republic of Kazakhstan are guaranteed inviolability of the home, honor and dignity of the individual.
Article 16. Movement on the territory of the Republic of Kazakhstan and choice of place of residence
Foreigners can freely move around the territory of the Republic of Kazakhstan, which is open to foreigners, and choose their place of residence in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Restrictions on movement and choice of place of residence are established by acts of authorized state bodies of the Republic of Kazakhstan, when it is necessary to ensure state security, protect public order, public health and morals, protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons.
See also: The order of movement of immigrants, entry into certain localities (territories) closed to foreigners, as well as transit passage of foreigners and stateless persons on the territory of the Republic of Kazakhstan
Article 17. Taxes and fees
Foreigners are subject to taxes and fees in the Republic of Kazakhstan on a common basis with citizens of the Republic of Kazakhstan, unless otherwise provided by legislation and international treaties of the Republic of Kazakhstan.
Article 18. Protection of the rights of foreigners
Foreigners in the Republic of Kazakhstan have the right to appeal to the court and other state bodies to protect their property and personal non-property rights.
Foreigners enjoy procedural rights in court on an equal basis with citizens of the Republic of Kazakhstan, with the exception of cases provided for by international treaties of the Republic of Kazakhstan.
Article 19. Restrictions on the right to vote
Foreigners in the Republic of Kazakhstan may not elect and be elected to representative and other elected state bodies and positions, as well as take part in republican referendums.
Article 20 is set out in the wording of the Law of the Republic of Kazakhstan dated 12.01.07 No. 227-III (see old ed.)
Article 20. Attitude to military duty
Military duty does not apply to foreigners permanently residing in the territory of the Republic of Kazakhstan.
Section III. Entry into and exit from the Republic of Kazakhstan
Kazakhstan foreigners
Article 21 was amended in accordance with the Law of the Republic of Kazakhstan dated 13.05.20 No. 327-VI (see old ed.)
Article 21. Establishment of rules for entry into the Republic of Kazakhstan, exit from the Republic of Kazakhstan, transit through the territory of the Republic of Kazakhstan
The rules of entry into the Republic of Kazakhstan of foreigners, their departure from the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan are established by this Law and other regulatory legal acts of the Republic of Kazakhstan.
Article 22 is set out in the wording of the Law of the Republic of Kazakhstan dated 12.01.07, No. 227-III (see old ed.); amended in accordance with the Law of the Republic of Kazakhstan dated 22.07.11, No. 478-IV (see old ed.); set out in the wording of the Law of the Republic of Kazakhstan dated 10.12.13, No. 153-V (see old ed.); amended in accordance with the Law of the Republic of Kazakhstan dated 24.11.15, No. 421-V (see old ed.); the Law of the Republic of Kazakhstan dated 27.12.19, No. 292-VI (see old. ed.); by the Law of the Republic of Kazakhstan dated 13.05.20 No. 327-VI (see old ed.)
Article 22. Entry to the Republic of Kazakhstan
Foreigners can enter the Republic of Kazakhstan with valid foreign passports or documents replacing them in the presence of entry visas of the Republic of Kazakhstan, unless another procedure is established by an agreement of the Republic of Kazakhstan with the relevant party or By the Government of the Republic of Kazakhstan.
A foreigner is prohibited from entering the Republic of Kazakhstan:
1) in the interests of national security, protection of public order and public health;
2) if his actions are aimed at forcibly changing the constitutional order;
3) if he opposes the sovereignty and independence of the Republic of Kazakhstan, calls for the violation of the unity and integrity of its territory;
Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 11.07.17 No. 91-VI (see old ed.)
4) if he incites interethnic, interfaith and religious enmity;
5) if it is necessary to protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons;
Subparagraph 6 is set out in the wording of the Law of the Republic of Kazakhstan dated 03.11.14 No. 244-V (entered into force on January 2, 2015) (see old ed.)
6) if the national security agencies have information about his involvement in extremism or terrorist activities, as well as if the court recognizes a dangerous relapse in his actions;
7) if he has not executed the penalty for committing a criminal or administrative offense imposed on him during his previous stay in the Republic of Kazakhstan;
8) if during the previous stay in the Republic of Kazakhstan they have not submitted an individual income tax declaration in the case when the submission of such a declaration is provided for by the legislation of the Republic of Kazakhstan;
9) if he has not provided confirmation of the availability of funds necessary for staying and leaving the Republic of Kazakhstan, in accordance with the procedure determined by the Government of the Republic of Kazakhstan, with the exception of ethnic Kazakhs, persons born or previously held citizenship of the Republic of Kazakhstan or the Kazakh Soviet Socialist Republic, and their family members;
10) if, when applying for entry, he/she has provided false information about himself/herself or has not submitted the necessary documents within the time limit established by the legislation of the Republic of Kazakhstan;
11) if he has diseases that are a contraindication for entry into the Republic of Kazakhstan;
The article was supplemented by subparagraph 12 in accordance with the Law of the Republic of Kazakhstan dated 22.12.16, No. 28-VI; set out in the wording of the Law of the Republic of Kazakhstan dated 11.07.17, No. 91-VI (see old ed.)
12) if he has previously lost the citizenship of the Republic of Kazakhstan on the grounds provided for in subparagraph 8) of part one of Article 21 of the Law of the Republic of Kazakhstan dated December 20, 1991 "On Citizenship of the Republic of Kazakhstan";
The article was supplemented by subparagraph 13 in accordance with the Law of the Republic of Kazakhstan dated 11.07.17 No. 91-VI
13) if he was previously deprived of citizenship of the Republic of Kazakhstan on the grounds provided for in Article 20-1 of the Law of the Republic of Kazakhstan dated December 20, 1991 "On Citizenship of the Republic of Kazakhstan".
Foreigners previously expelled from the Republic of Kazakhstan are prohibited from entering the Republic of Kazakhstan for five years from the date of execution of the court decision on expulsion.
Applications of receiving persons for inviting foreigners to the Republic of Kazakhstan are not considered if, within twelve consecutive calendar months prior to submitting such an application, receiving persons have been held liable two or more times for late informing the internal affairs bodies about immigrants staying with them, failure to take measures to issue documents for their right to stay in the Republic of Kazakhstan and ensuring departure from the Republic of Kazakhstan after a certain period of stay.
Entry visas or other documents corresponding to them are issued by diplomatic missions and consular offices of the Republic of Kazakhstan or in some cases by specially authorized representatives of the Republic of Kazakhstan.
The grounds for issuing visas are invitations of receiving persons or permission of authorized state bodies of the Republic of Kazakhstan, unless otherwise provided by international treaties of the Republic of Kazakhstan.
See also: Rules of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan, Rules of registration of invitations, approval of invitations for entry of foreigners and stateless persons to the Republic of Kazakhstan, issuance, cancellation, restoration of visas of the Republic of Kazakhstan, as well as extension and shortening of their validity, the standard of the state service "Reception and approval of invitations of receiving persons for issuing visas of the Republic of Kazakhstan"
Article 23 was amended in accordance with the Law of the Republic of Kazakhstan dated 10.12.13 No. 153-V (see old ed.); the Law of the Republic of Kazakhstan dated 03.07.14 No. 227-V (see old ed.); the Law of the Republic of Kazakhstan dated 18.04.17 No. 58-VI (see old ed.)
Article 23. Departure from the Republic of Kazakhstan
Foreigners leave the Republic of Kazakhstan with valid foreign passports or documents replacing them in the presence of exit visas issued by authorized state bodies of the Republic of Kazakhstan, unless another procedure is established by agreement with the relevant country or the Government of the Republic of Kazakhstan.
A foreigner is not allowed to leave the Republic of Kazakhstan:
a) if there are grounds for bringing him to criminal responsibility - until the end of the proceedings;
b) if he has been convicted of committing a criminal offense, probation control has been established for him or a delay in the execution of punishment has been applied to him - until the completion of the sentence or release from punishment, the expiration of probation control, the expiration of the term of deferred execution of punishment, except in cases of his expulsion on the basis of a court decision;
c) if he evades the fulfillment of obligations imposed on him by the court - until the fulfillment of obligations;
d) excluded in accordance with the Law of the Republic of Kazakhstan dated 07.12.09 No. 222-IV (see old ed.)
The departure of a foreigner from the Republic of Kazakhstan may be postponed until he fulfills property obligations with which the essential interests of citizens of the Republic of Kazakhstan, other individuals and legal entities are connected.
See also: Rules of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan
Article 24 was amended in accordance with the Law of the Republic of Kazakhstan dated 16.11.20 No. 375-VI (see old ed.)
Article 24. Transit passage
Foreigners passing through the territory of the Republic of Kazakhstan in transit follow the rules of transit passage to the checkpoint across the State Border of the Republic of Kazakhstan along the established route and may have stops on the territory of the Republic of Kazakhstan only at the points specified in Kazakhstan transit visas, if they have a permit issued by the authorized state bodies of the Republic of Kazakhstan.
Section IV. Responsibility of foreign
Citizens'. Shortening the length of stay.
Expulsion
Article 25 is set out in the wording of the Law of the Republic of Kazakhstan dated 03.07.14 No. 227-V (see old ed.)
Article 25. Grounds for liability for offenses
Foreigners who have committed criminal, administrative or other offenses on the territory of the Republic of Kazakhstan are liable on a common basis with citizens of the Republic of Kazakhstan, except in cases established by international treaties of the Republic of Kazakhstan.
Article 26 was amended in accordance with the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227-III (see old ed.); the Law of the Republic of Kazakhstan dated 27.12.19 No. 292-VI (see old ed.)
Article 26. Responsibility for violation of the rules of stay in the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan
Foreigners who have violated the rules of stay in the Republic of Kazakhstan, living under invalid documents, evading departure after a certain period of stay, as well as not observing the rules of transit through the territory of the Republic of Kazakhstan, are subject to administrative liability in accordance with the laws of the Republic of Kazakhstan.
Malicious violation by foreigners of the rules of stay in the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan entails criminal liability provided for by the laws of the Republic of Kazakhstan.
Article 27 was amended in accordance with the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227-III (see old ed.)
Article 27. Reduction of the period of stay in the Republic of Kazakhstan
A foreigner who violates the legislation on the legal status of foreigners may have his term of stay in the Republic of Kazakhstan shortened. The period of stay of a foreigner in the Republic of Kazakhstan may also be shortened in cases when the grounds for his further stay have disappeared.
Article 28 was amended in accordance with the Law of the Republic of Kazakhstan dated 16.03.2001 No. 164-II (see Old edition); the Law of the Republic of Kazakhstan dated 10.11.01 No. 255-II (see Old edition); the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227-III (see Old edition); the Law of the Republic of Kazakhstan dated 07.12.09 No. 222-IV (see old edition); the Law of the Republic of Kazakhstan dated 22.07.11 No. 478-IV (see Old edition); the Law of the Republic of Kazakhstan dated 16.01.13, No. 71-V (see old ed.); Law of the Republic of Kazakhstan dated 13.06.13, No. 102-V (see old ed.); Law of the Republic of Kazakhstan dated 22.12.16, No. 28-VI (see old ed.); Law of the Republic of Kazakhstan dated 30.12.16, No. 41-VI (effective from January 1, 2021) (see old ed.); Law of the Republic of Kazakhstan dated 19.12.20 No. 385-VI (see old ed.)
Article 28. Expulsion from the Republic of Kazakhstan
A foreigner may be expelled from the Republic of Kazakhstan:
a) if his actions contradict the interests of ensuring state security or protecting public order;
b) if it is necessary to protect the health and morals of the population, protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons;
c) if he has violated the legislation of the Republic of Kazakhstan;
d) if the marriage is declared invalid in accordance with the procedure established by legislative acts, if the conclusion of marriage with a citizen of the Republic of Kazakhstan was the basis for leaving him for permanent residence in the Republic of Kazakhstan.
The decision on expulsion is made by the court. The foreigner is obliged to leave the Republic of Kazakhstan within the period specified in this decision. Execution of a court decision on expulsion from the Republic of Kazakhstan in this case is carried out by controlled independent departure of the person being expelled or forced expulsion of the person from the Republic of Kazakhstan. If the person in respect of whom the decision on expulsion is made does not leave the territory of the Republic of Kazakhstan within the period specified in the decision, he is subject to preventive restriction of freedom of movement and forced expulsion with the sanction of the court. Preventive restriction of the freedom of movement of such a person is allowed at the same time for the period necessary for the organization of his expulsion from the Republic of Kazakhstan, but not more than thirty days. The maintenance of such a person is carried out in a special institution of the internal affairs bodies in accordance with the procedure determined by the Government of the Republic of Kazakhstan.
The internal affairs bodies executing the court's decision on forcible expulsion, at checkpoints across the State Border of the Republic of Kazakhstan, transfer the alien or stateless person being expelled to the Border Service of the National Security Committee of the Republic of Kazakhstan for the official transfer of the foreigner or stateless person to a representative of the authorities of a foreign state to whose territory the said person is being expelled.
Section V. Final provisions
Article 29. The effect of this Law on stateless persons
The provisions of this Law apply to stateless persons, unless otherwise established by legislative acts of the Republic of Kazakhstan.
Article 30. Limitations of the scope of this Law
The provisions of this Law do not affect the privileges and immunities of heads and employees of foreign diplomatic and consular missions established by the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.
Article 31 was amended in accordance with the Law of the Republic of Kazakhstan No. 58-VII dated 29.06.21 (effective from January 1, 2021) (see old ed.)
Article 31. The procedure for the entry into force of this Law
This Law comes into force from the date of publication.
Suspend the operation of part four of Article 28 of this Law until January 1, 2023.
President
Republic of Kazakhstan N. NAZARBAYEV
