Approved
by the resolution of the Akimat
of Beimbet Maylin district
from "___"______ 2020 years
№ _____
Regulation on the Commission on Minors ' Affairs and Protection of Their Rights under the Akimat of Beimbet Maylin district
1. General provisions
* Main functions of the commission
1) implement measures to protect and restore the rights and legitimate interests of minors, identify and eliminate the causes and conditions that contribute to neglect, homelessness, offenses and anti-social actions of minors;
2) develop programs and methods aimed at improving the activities of state bodies for the prevention of offenses, neglect, homelessness and anti-social actions among 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 delinquency, neglect and homelessness among minors and organizes sociological research in this area;
5) assist in the development of a network of organizations responsible for the protection of children's rights and monitor their activities;
6) generalizes and distributes the positive experience of the work of bodies and organizations engaged in the prevention of delinquency, neglect and homelessness among 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, the protection of their rights and organizes a mutual 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 organizations of education with a special regime of detention;
9) assist relevant bodies in the labour and household device minors released from prison or returned from special education institutions and educational organizations with special regime of detention, as well as the implementation of other functions of social rehabilitation of minors in difficult situations;
10) organize media coverage of the ongoing work on the prevention of delinquency, neglect and homelessness among minors.
1) assistance to minors in the implementation and protection of their rights and legitimate interests;
2) regular informing of the concerned agencies about the state of work on the prevention of offenses, neglect, homelessness and anti-social actions of minors, as well as about the revealed facts of violation of the rights and legitimate interests of minors;
3) organization of work on identification and social rehabilitation of minors in a situation dangerous to their life and health, finding parents or other legal representatives who do not fulfill their duties on education, training, juveniles, protection of life and health, as well as adversely affect normal physical and moral development of minors or abuse;
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) appeal 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 to support 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 from the involvement of minors in anti-social activities;
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 liability begins;
9) sending 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, information on the need for individual preventive work with minors:
released from educational colonies;
returned from special educational organizations, educational organizations with a special regime of detention;
brought to administrative responsibility;
c others in need of assistance and supervision by educational organizations;
10) sending materials to health care institutions in relation to minors who use alcoholic beverages, narcotic drugs, psychotropic or intoxicating substances, for carrying out appropriate medical and preventive and rehabilitation measures with the consent of their parents;
11) consideration of representations of the administration of educational organizations on long-term non-attendance of minors of school age in general educational institutions;
12) 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;
13) preparing, in conjunction with the administration of special education organizations, educational organizations with special regime of detention submission to the court on issues related to the early termination of the stay of minors in these institutions, as well as on issues related to extension of stay in case of an act containing signs of a crime or an intentional administrative offence, or its transfer to other special education organizations, organizations of education with a special regime of detention at the request of a minor or his legal representatives;
14) participation in a court session as a representative of the rights of minors to consider the submission of the administration of the institution executing the sentence on the conditional early release of a minor convicted of serving a sentence or on replacing the unserved part of the sentence with a more lenient type of punishment;
15) attending in accordance with legislation of the Republic of Kazakhstan organizations of education and culture, centres for temporary isolation, adaptation and rehabilitation of minors, educational colonies for minors, special educational organizations, educational organizations with special regime of detention, as well as special education institutions located in the respective territories, for the purpose of examination of the conditions of education, training, maintenance, health protection and observance of rights and legitimate interests of minors in them. In case of detection of violations of the rights and legitimate interests of minors, as well as the conditions of detention, training and upbringing, it makes an idea of their elimination;
16) study of the state of educational, legal, educational and recreational work with minors in educational organizations, regardless of their forms of ownership.
1) together with other bodies responsible for education and training, prevention of crimes, offenses and neglect of minors, identify adolescents in a situation that is dangerous for their life and health, in a difficult life situation, who do not attend educational organizations for a long time, who need state assistance, keep their personal records, make decisions on the placement of these minors and monitor the implementation of decisions taken;
2) send a decision on the placement of a minor to the education, internal affairs, health, and employment authorities, which, in turn, are obliged to inform the commission within two weeks of the measures they have taken;
3) in cases where a return to their former place of residence of the minor, retired special education organizations, educational organizations with special regime of detention or released from an educational colony is not possible or desirable in connection with the absence of parents or other legal representatives, deprivation of parental rights, and also other reasons, capable of negatively influencing the behavior of minors, the Commission, located at the location of these institutions, takes measures for the placement of a minor in the organization of education or employment, taking into account his interests, and also provides assistance in creating housing and living conditions for him. The Commission considers the issue within ten days from the date of submission of the written application of the minor and the reasoned conclusion of the administration of the relevant institution. If necessary, the commission applies to the appropriate guardianship and guardianship authority to establish guardianship or guardianship over the minor.
When the court is considering cases about administrative offences of minors or of socially dangerous acts containing signs of a crime before reaching the age of criminal responsibility, the Commission, taking into account peculiarities of the age, conditions of life and upbringing, level of mental development, other features of personality, social status and behaviour of juveniles, the role and influence of adults, as well as motives, the nature and the gravity of his misconduct, except for measures allowed under administrative law, may apply to the court for the referral of a minor to special educational organizations, educational organizations with a special regime of detention.
The commission may apply the following measures to parents or other legal representatives of minors who do not fulfill their duties for the upbringing and education of children or negatively affect their normal physical and moral development:
apply to the court for recovery of material damage caused to a minor;
with the imminent threat to the life and health of minors to apply to the body of guardianship and guardianship with a petition for immediate removal of the minor from the parents or other legal representatives, in the care which he is, and also about removal of the guardian or Trustee from execution of their duties, on termination of the contract on transfer of a child or for cancellation in a judicial order of adoption (adoption) of the child;
apply to the court with an application for restriction or deprivation of parental rights, or application to them of other measures provided for by the legislation of the Republic of Kazakhstan.
at the request of a minor, his parents or other legal representatives;
on your own initiative;
according to citizens ' information;
according to the representations of educational organizations, as well as on the appeals of other bodies and organizations, regardless of their organizational and legal form;
according to the materials of the internal affairs bodies or the prosecutor's office in relation to a minor who committed a socially dangerous act before reaching the age from which criminal liability begins.
The Commission considers materials concerning a minor, his parents or other legal representatives in accordance with the procedure established by legislative acts of the Republic of Kazakhstan and this Regulation.
In order to ensure timely and correct consideration of materials submitted to the commission, they are pre-examined by the chairman of the commission or on his behalf by the Deputy chairman of the commission.
In the process of preliminary study of the materials received for consideration by the commission, it determines:
does the review of these materials fall within its competence;
circle of persons to be summoned or invited to a meeting of the commission;
the need for additional verification of the circumstances that are important for the correct and timely consideration of materials, as well as the request for additional materials.
Based on the results of the preliminary study of the materials, the commission may make the following decisions:
appoint the materials for consideration and notify the date and place of the meeting of the commission of the minor, his parents or other legal representatives, other persons whose participation in the meeting will be recognized as mandatory;
conduct an audit of the information contained in the received materials, or assign it to the appropriate specialists;
consider the petition of the minor, his parents or other legal representatives on the merits of the issues to be considered at the meeting of the commission;
take measures to ensure the appearance of a minor at a meeting of the commission, provided for in paragraph 15 of this Regulation.
A minor, his parents or other legal representatives, a lawyer have the right to get acquainted with the materials prepared by the commission for consideration before the beginning of its meeting. The right of the persons referred to in this paragraph to familiarize themselves with the materials is explained to them in the summons to the meeting of the commission.
The materials received by the commission must be considered within fifteen days from the date of their receipt by the commission.
If there are grounds to believe that a minor will evade attendance at a meeting of the commission, the responsibility for ensuring attendance is assigned by the commission to the parents or other legal representatives, or the administration of the educational organization where he is being raised, who give written obligations on this issue.
In case of non-appearance without valid reasons at the meeting of the commission with the notification of the legal representatives of minors, the following persons are brought:
minors who have committed socially dangerous acts.
In the event that minors have not reached the age from which responsibility for committing socially dangerous acts begins, their legal representatives are brought to justice.
Meetings of the commission are held as necessary, but at least twice a month and are usually open. In order to ensure the confidentiality of information about a minor, his parents or other legal representatives, the commission, taking into account the nature of the materials under consideration, may, at the request of persons participating in the case, adopt a reasoned decision to hold a closed meeting.
If necessary, the commission may hold field meetings at the place of study, work or residence of the persons whose cases it is considering.
A meeting of the commission is competent if it is attended by at least half of the total number of members of the commission. The meeting of the commission is chaired by its chairman or, on his behalf, by the Deputy chairman of the commission.
The commission considers materials concerning a minor only in the presence of the minor and his parents or other legal representatives.
At the request of a minor, his lawyer is allowed to participate in the work of the commission.
Notification of the prosecutor on the date, place and time of the commission meeting is mandatory.
When considering materials concerning a minor who has committed a socially dangerous act before reaching the age from which criminal liability begins, the prosecutor is invited to the meeting.
At the beginning of the meeting of the commission, the chairman announces which materials are subject to consideration, represents the persons participating in the meeting. After that disclosed the necessary documents, researched the materials and circumstances relevant to making an informed decision, considered the petition, there are reports of participating in the meeting.
Petitions on the merits of the materials under consideration may be filed by a minor, his parents or other legal representatives, a lawyer, specialists involved in the consideration of materials, as well as persons who have applied to the commission with a submission in respect of a minor, and their legal representatives. The results of consideration of the submitted applications are recorded in the minutes of the commission meeting.
During the investigation at the commission meeting of circumstances that may adversely affect the minor, the commission has the right to remove him from the meeting room, which is recorded in the minutes of the commission meeting.
Based on the results of consideration of materials concerning a minor, his parents or other legal representatives, as well as representations of educational organizations and bodies responsible for the prevention of crimes, offenses and neglect of minors, appeals of other bodies and organizations, regardless of their organizational and legal form, information of citizens, the commission shall adopt a resolution setting out the decision:
on taking measures in accordance with the established procedure for the placement of a minor, provided for in paragraph 10 of this Regulation;
on the application of measures of influence provided for in paragraphs 11 and 12 of this Regulation;
on sending information to the internal affairs bodies about a crime that is being prepared or committed.
The resolution of the commission is adopted by a simple majority of votes of the members of the commission participating in the meeting. If the votes are equally distributed, the vote of the chairman of the commission meeting is decisive.
The resolution of the commission specifies:
name and personal composition of the commission;
date and place of the commission meeting;
information about the person in respect of whom the materials are being considered;
circumstances established during the review of materials;
evidence on the basis of which the decision was made;
a normative legal act that provides for liability for an offense or guarantees the rights of a minor;
decision taken by the commission;
measures proposed by the commission to provide social assistance to a minor, the bodies or persons to whom they are entrusted;
information on the explanation of the terms and procedure for appealing this decision.
The decision of the commission is signed by the chairman and its executive secretary, announced at a meeting of the commission and enters into force after the expiration of the period established for its appeal.
The decision of the commission is sent for execution to the relevant state bodies and organizations, regardless of their organizational and legal form.
If, in the course of reviewing the materials, the reasons and conditions that contributed to the commission of crimes, offenses, anti-social actions and neglect of minors, as well as violations of the rights and legitimate interests of minors, are identified, the commission shall submit to state bodies, local self-government bodies and organizations, regardless of their organizational and legal form, an appropriate submission on their elimination.
Officials of the bodies and organizations referred to in this paragraph shall, within one month from the date of receipt of the commission's submission, review it and inform the relevant commission of the measures taken to eliminate violations of the rights and legitimate interests of minors.
Failure to report on the measures taken to eliminate the causes and conditions that contributed to the commission of offenses by minors entails liability established by the administrative legislation of the Republic of Kazakhstan.
At the meeting of the commission, the executive secretary of the commission shall keep a protocol, which should indicate:
the name and personal composition of the commission;
date and place of the commission meeting;
content of the materials under consideration;
surname, name and patronymic of the person in respect of whom deals with the materials, date and place of birth, his place of residence, and other information relevant to reviewing the materials;
information on the attendance of persons participating in the commission meeting and explanation of their rights and obligations;
explanations of persons participating in the commission meeting;
documents and physical evidence examined during the examination of materials;
submitted applications and results of their consideration;
information about the announcement of the adopted resolution or submission at the meeting of the commission;
information about the explanation of the terms and procedure for appealing the adopted decision or submission.
The minutes of the meeting of the commission shall be signed by the chairman and its executive secretary.
20.In order to study the work on eliminating the causes and conditions that contribute to the commission of crimes, offenses, anti-social actions, as well as neglect by minors, the commission organizes the recording and storage of all cases considered at meetings, summarizes the data of this recording within its territorial affiliation.
The decision or submission made by the commission on the considered materials may be appealed by the person against whom it was made, his legal representatives, a lawyer, as well as the victim to a court or a higher commission.
Filing a complaint within the specified period suspends the execution of the relevant decision or submission.
The terms and procedure for appealing the decision or submitting the commission to the court are established in accordance with the legislation of the Republic of Kazakhstan.
The decision or submission of the commission may be challenged by the prosecutor in accordance with the procedure established by the legislation of the Republic of Kazakhstan.