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Footnote. Throughout the text, the words "individual preventive work", "individual preventive work", "individual preventive work", " individual preventive work "are replaced, respectively, by the words" measures of individual prevention", "measures of individual prevention", "measures of individual prevention"," measures of individual prevention", "measures of individual prevention" in accordance with the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (see Article 2 for the procedure for putting into effect).
This Law defines the legal, economic and social foundations of the activities of State bodies for the prevention of offenses among minors and the prevention of child neglect and homelessness.
Chapter 1. General provisions
Article 1. The main concepts used in this Law
The following basic concepts are used in this Law:
1) social rehabilitation - a set of measures carried out by bodies and institutions of the system of prevention of offenses, neglect and homelessness among minors, aimed at legal, social, physical, mental, pedagogical, moral and (or) material recovery of a minor who is in a difficult life situation;
2) excluded by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (see Article 2 for the procedure for entry into force);
3) prevention of offenses among minors and prevention of child neglect and homelessness - (hereinafter-prevention of offenses, neglect and homelessness among minors) - a system of legal, pedagogical and other measures aimed at preventing offenses, neglect, homelessness and anti-social actions among minors, identifying and eliminating the causes and conditions that contribute to them, carried out in conjunction with individual prevention measures with minors, parents or other legal representatives of minors who do not perform duties for their upbringing, training or maintenance or negatively affect their behavior, as well as other persons, involving minors in committing offenses or anti-social actions;
4) maintenance of a minor - the creation by parents or other legal representatives of a minor of conditions for his full development, protection of his property and non-property rights and interests and state minimum social standards;
5) the upbringing of a minor is a continuous process of influencing a child by parents or other legal representatives, as well as employees of state bodies to instill in him the rules and norms of behavior adopted in society and aimed at his spiritual, physical, moral, mental, cultural, intellectual development and protection from the negative influence of the social environment;
6) unsupervised - a minor whose behavior is not monitored due to non-fulfillment or improper fulfillment of duties for his upbringing, training and (or) maintenance by parents or their legal representatives, as well as teachers, educators and other employees of educational, educational and other institutions who are obliged to supervise minors, or as a result of his unauthorized departure from home or organizations performing functions to protect the rights of the child;
7) neglect is a social phenomenon characterized by the lack of proper control over the behavior and lifestyle of minors, contributing to the commission of offenses by them;
8) excluded by the Law of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (see Article 2 for the procedure for entry into force);
9) homeless - neglected, without a place of residence;
10) dysfunctional family - a family where the parents or legal representatives of minors do not fulfill their duties for their upbringing, training, maintenance and (or) negatively affect their behavior.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 N 176-IV (the procedure for entry into force see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 29.04.2010 No. 272-IV (the procedure for entry into force see Article 2); dated 01.04.2019 No. 240-VI (entered into force after ten calendar days after the date of its first official publication).
Article 2. Legislation of the Republic of Kazakhstan on the prevention of offenses, neglect and homelessness among minors
1. The legislation of the Republic of Kazakhstan on the prevention of offenses, neglect and homelessness among minors is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. 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 3. State policy in the field of prevention of offenses, neglect and homelessness among minors
1. The state policy in the field of prevention of offenses, neglect and homelessness among minors is part of the legal policy and includes the creation of legal and social guarantees for minors, material, technical, financial, scientific, methodological and personnel support for bodies and institutions that make up the system of prevention of offenses, neglect and homelessness among minors.
2. The state policy in the field of prevention of offenses, neglect and homelessness among minors is carried out on the principles of:
1) legality;
2) humane treatment of minors;
3) family support;
4) the complexity of the application of measures to prevent offenses, neglect and homelessness among minors;
5) an individual approach to each minor who finds himself in a difficult life situation;
6) confidentiality;
7) scientific validity;
8) consistency.
3. The purpose of the state policy is the prevention of offenses, neglect and homelessness among minors, carried out by:
1) to promote the physical, intellectual, spiritual and moral development of children, to educate them in patriotism, citizenship and peacefulness, as well as to educate the child's personality, combined with the interests of society, the traditions of the peoples of the state, the achievements of national and world culture;
2) ensuring purposeful work on the social rehabilitation of children with deviant behavior and the formation of legal awareness and legal culture among minors;
3) formation of the legal basis for carrying out individual prevention measures with minors;
4) interaction with the parents and other legal representatives of the minor;
5) ensuring the proper functioning of children's educational, educational, medical, sports and other institutions;
6) establishing responsibility for violation of the rights and legitimate interests of minors;
7) state support of non-profit organizations whose activities are related to the implementation of measures to prevent offenses, neglect and homelessness among minors by placing a social order and other measures in accordance with the legislative acts of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (effective from 01.01.2015).
Article 4. The main tasks of State bodies in the field of prevention of offenses, neglect and homelessness among minors
The main tasks of state bodies in the field of prevention of offenses, neglect and homelessness among minors are:
1) prevention of offenses, neglect, homelessness and antisocial actions among minors, identification and elimination of the causes and conditions that contribute to them;
2) ensuring the protection of the rights and legitimate interests of minors;
3) social rehabilitation of minors who find themselves in a difficult life situation;
4) formation of law-abiding behavior of minors;
5) identification and suppression of the facts of involvement of minors in the commission of offenses or anti-social actions;
6) coordination of the activities of legal entities for the prevention of offenses, neglect and homelessness among minors.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 N 176-IV (for the procedure for entry into force, see Article 2).
Article 5. State regulation in the field of prevention of offenses, neglect and homelessness among minors
State regulation in the field of prevention of offenses, neglect and homelessness among minors is carried out by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, central executive bodies, as well as local representative and executive bodies.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (effective from 13.10.2011).
Article 6. The system of prevention of offenses, neglect and homelessness among minors
1. The system of prevention of offenses, neglect and homelessness among minors includes the bodies of internal affairs, education, health care, the state body coordinating the implementation of state policy in the field of employment, local representative and executive bodies, commissions on juvenile affairs and protection of their rights and other state bodies within their competence.
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