"On approval of the model regulation on the Commission on Juvenile Affairs and protection of their rights", the Government of the Republic of Kazakhstan DECIDES:
1. To make the following amendments to the Resolution of the Government of the Republic of Kazakhstan dated June 11, 2001 No. 789 "On approval of the model regulation on the Commission on Juvenile Affairs and Protection of their Rights" (SAPP of the Republic of Kazakhstan, 2001, No. 21, Article 267) :
the title should be worded as follows:
"On the approval of the Model Regulation on the activities of the Commission for the Affairs of Minors and the protection of their Rights";
paragraph 1 should be worded as follows:
"1. To approve the attached Model Regulation on the activities of the Commission for the Affairs of Minors and the Protection of Their Rights.";
In the Model Regulation on the Commission for the Affairs of Minors and the Protection of Their Rights, approved by the said resolution:
the title should be worded as follows:
"Model regulation on the activities of the Commission for the Affairs of Minors and the Protection of their Rights";
the title of chapter 1 should be worded as follows:
"Chapter 1. General provisions";
paragraphs 2, 3 and 4 should be worded as follows:
"2. Regional, city, district in the city, district Commission is formed under the relevant local executive body (akimat).
3. If necessary, the Commission can be formed under the akim of a settlement, village, rural district located at a considerable distance from the district center. The commission under the akim of the village, village, rural district has the rights and obligations of the district Commission. The decision on the formation of a settlement, rural Commission and a rural district Commission is made by the regional akimat, and the personal composition is approved by the maslikhat of the corresponding district.
4. The Commission for the Affairs of Minors and the Protection of their Rights is formed as part of the chairman, Deputy Chairman, members of the Commission and the secretary. The Chairman of the Commission is the deputy akim of the corresponding administrative-territorial unit, with the exception of the settlement, rural Commission and the Commission of the rural district, which are headed by the akim of the corresponding administrative-territorial unit. The Secretary holds a full-time position in the office of the relevant local executive body (akimat).";
the title of chapter 2 should be worded as follows:
"Chapter 2. The main functions of the Commission";
paragraphs 7, 8 and 9 should be worded as follows:
"7. The Commission in its activities is responsible to the local executive body, and is also controlled and accountable to the higher Commission on Juvenile Affairs.
8. The Commission within its competence:
1) implement measures to protect and restore the rights and legitimate interests of minors, identify and eliminate the causes and conditions that contribute to the commission of offenses among minors, prevent child neglect and homelessness, protect minors from violence and ill-treatment, anti-social actions among minors;
2) develops programs and methods aimed at improving the activities of state bodies for the prevention of offenses, neglect and homelessness among minors, violence and ill-treatment of minors, their social rehabilitation;
3) participates in ensuring control over the conditions of upbringing, training, and maintenance of minors in organizations that perform functions to protect the rights of the child;
4) studies the state of juvenile delinquency, child neglect and homelessness, as well as violence and ill-treatment of minors and organizes sociological research on these issues;
5) assists in the development of a network of organizations that perform functions for the protection of children's rights, and ensures monitoring of their activities;
6) generalizes and distributes the positive experience of the work of bodies and organizations engaged in the prevention of offenses, neglect and homelessness among minors, violence and ill-treatment of minors, provides them with methodological and practical assistance;
7) hears reports of the heads of interested state bodies on the ongoing work on the prevention of offenses, neglect and homelessness among minors, violence and ill-treatment of minors, protection and restoration of their rights and legitimate interests, and organizes the exchange of information between them on the issues under their supervision;
8) participates in the preparation of materials to the court on the issues of sending minors to special educational organizations and educational organizations with a special regime of detention;
9) coordinates the activities of interested bodies in the labor and household structure of minors released from institutions of the penal enforcement system or returned from special educational organizations and educational organizations with a special regime of detention, as well as the implementation of other functions for the social rehabilitation of minors in a difficult life situation;
10) organizes media coverage of the ongoing work on the prevention of delinquency, neglect and homelessness among minors, violence and ill-treatment of minors;
11) monitors the activities of lower-level Commissions on juvenile affairs and protection of their rights;
12) coordinates the activities of lower-level Commissions for the affairs of minors and the protection of their rights.
9. The main functions of the Commission are:
1) assistance to minors in the realization and protection of their rights and legitimate interests;
2) regularly informing interested state bodies and organizations about the state of work on the prevention of offenses, neglect, homelessness and anti-social actions of minors, as well as the revealed facts of violation of the rights and legitimate interests of minors;
3) organization of work to identify and social rehabilitation of minors who are in a situation that poses a danger to their life and health, to establish parents or other legal representatives who do not fulfill their duties for the upbringing, training, maintenance of minors, protection of their life and health, as well as negatively affect the normal physical and moral development of minors or treat them cruelly;
4) consideration of complaints and applications of minors, their parents or other legal representatives and other persons related to the violation or restriction of the rights and legitimate interests of minors;
5) applying to the court in accordance with the established procedure for the protection of the rights and legitimate interests of minors;
6) making proposals to the guardianship and guardianship authorities on supporting minors who need state assistance and are in a difficult life situation;
7) taking measures to ensure the protection of minors from physical and mental violence, all forms of discrimination, sexual and other exploitation, as well as the involvement of minors in committing antisocial actions;
8) consideration of materials on the facts of socially dangerous acts containing signs of a crime committed by minors before reaching the age from which criminal responsibility begins;
9) generalization and dissemination of the positive experience of the work of bodies and organizations engaged in the prevention of offenses, neglect and homelessness among minors, violence and ill-treatment of minors and medium-security institutions for the detention of minors, providing them with methodological and practical assistance;
10) sending information to the relevant state bodies engaged in the upbringing and education of children, prevention of crimes, offenses and neglect of minors, as well as other bodies and organizations, regardless of their organizational and legal form, about the need for individual preventive work with minors:
released from medium-security institutions for the detention of minors;
returned from special educational organizations, educational organizations with a special regime of maintenance;
brought to administrative responsibility;
with others who need help and control from educational organizations;
11) sending materials to health care institutions in relation to minors who use alcoholic beverages, narcotic drugs, psychotropic or intoxicating substances, for carrying out appropriate therapeutic, preventive and rehabilitative measures with the consent of parents;
12) consideration of the submissions of the administration of educational organizations on the prolonged non-attendance of school-age minors at general educational institutions;
13) taking measures to influence minors and their parents or other legal representatives in the cases and in the manner provided for by legislative acts of the Republic of Kazakhstan and this Regulation;
14) preparation, together with the administration of a special educational organization, an educational organization with a special content regime, of a submission to the court on issues related to the early termination of a minor's stay in these institutions, as well as on issues related to the extension of the period of stay in them in the event that he commits an act containing signs of a crime or an intentional administrative offense, or transfers him to other special educational organizations, educational organizations with a special regime of detention at the request of a minor or his legal representatives;
| Prime Minister Of the Republic of Kazakhstan |
A. Mamin |