ALIN Legislative News
From Institute
of Legislation and Legal Information
of the
Republic of Kazakhstan
What
changes are waiting for Kazakhstanis from
May 2023
Administrative reform
Amendments
have been made to the constitutional laws on administrative reform in the
Republic of Kazakhstan.
As
a result, the government is deprived of a number of functions: the
implementation of structural and investment policy, as well as the formation of
state policy in the field of culture, education, health, tourism and sports is
excluded. Also, the government will not enforce the laws of the republic,
monitor their implementation by ministries and local executive bodies.
State
policy on investment, development of culture, education, health, tourism and
sports is formed by ministries within their competence.
The
competence of the government to:
•
organization of work on the production of standards of the National Flag and
the State Emblem of the Republic of Kazakhstan, corresponding to national
standards and their images;
•
approval of the rules for the replacement and destruction of the State Flag,
the State Emblem of the Republic of Kazakhstan, which do not comply with
national standards.
In
addition, amendments are being made to a number of legislative acts on
administrative reform in the Republic of Kazakhstan.
As
a result of the adoption of the documents, the autonomy of public
administration will increase and the personal responsibility of the heads of
state bodies will increase.
Prevention of torture, ill-treatment
Amendments
are being put into effect on human rights issues in the field of criminal
proceedings, the execution of punishment, as well as the prevention of torture
and other cruel, inhuman or degrading treatment.
In
particular, the new version sets out Article 146 of the Criminal Code
"Cruel, inhuman or degrading treatment, torture". Part 1 of this
article establishes liability for cruel, inhuman or degrading treatment in the
form of a fine of up to 2,000 MCI or correctional or community service.
The
concept of "a person acting in an official capacity" is introduced –
a person who does not fall under the definitions of an official or a
representative of the authorities used in this Code, who has administrative
powers in relation to a person being held, undergoing treatment, studying or
being brought up on a permanent, temporary or periodic basis in an organization
with which a person is in an employment relationship, including: an employee of
an educational, educational, medical, medical and social institution
(organization), a teacher, an instructor, a medical worker, as well as
employees under a contract.
The
term of punishment for calls for active disobedience to the legitimate demands
of government officials and for mass riots or provocation of mass riots, as
well as calls for violence against citizens, has been increased from 3 to 5
years (previously the term was up to 3 years).
The
same acts committed with the help of mass media and the Internet are punishable
by restriction of liberty for a term of three to seven years or imprisonment
for the same term.
The
document also expands the possibilities of audio and video recording of
investigative actions to prevent illegal actions.
The
amendments provide for a postponement of serving a sentence due to illness.
However, the postponement does not apply to persons convicted of a crime
against the sexual integrity of minors, except in the case of the commission of
such a crime by a minor against a minor aged 14 to 18 years, a terrorist or
extremist crime that caused the death of people or associated with the
commission of a particularly serious crime, as well as a crime committed as
part of a criminal group.
Criminal
liability for hooliganism committed by a criminal group is now established by a
separate part 4 of Article 293 of the Criminal Code – imprisonment for a term
of five to seven years.
Labor relations
The
following are excluded from the competence of the Government:
•
determining the amount of social benefits for temporary disability;
approval
of the Model Regulations on the conditions of remuneration and bonuses for
senior national employees
•
companies, joint-stock companies, controlling stakes of which belong to the
state;
•
conclusion of a general agreement with republican associations (associations,
unions) of employers and republican associations of employees;
•
establishment of the procedure for the adoption of regulatory legal acts in the
field of occupational safety and health by the relevant authorized bodies.
The
functions of the Ministry of Labor have been added:
•
formation and implementation of the state policy in the field of labor, safety
and labor protection;
•
determination of the amount of social benefits for temporary disability;
•
transfer of weekends to other working days in order to rationalize the use of
working time during the holidays.
Author:
Lugovskaya N.
Topic:
Legislative changes since May 2023
Jurisdiction:
The Republic of Kazakhstan
Date:
May 1, 2023