Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on the Rights of the Child in the Republic of Kazakhstan

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on the Rights of the Child in the Republic of Kazakhstan

The following basic concepts are used in this Law:

1) a child (children) in need of special social services is a child (children) whose vital activity is disrupted as a result of the circumstances provided for by the legislation of the Republic of Kazakhstan on social protection, and who cannot overcome these circumstances independently or with the help of his family.;

1-1) a child left without parental care, – a child who has been left without the care of a single or both parents due to the restriction or deprivation of their parental rights, recognition of parents as missing, declaration of their deceased, recognition as incompetent (with limited legal capacity), parents serving sentences in places of deprivation of liberty, parents evading the upbringing of the child or the protection of his rights and interests, including if parents refuse to take their child from an educational or medical institution, as well as in other cases of lack of parental care.;

2) child – a person who has not reached the age of eighteen (majority);

3) organizations performing the functions of protecting the rights of the child are organizations providing social support, providing social, medical, social, social, pedagogical, psychological, pedagogical, legal services and financial assistance, social rehabilitation of children in need of special social services, ensuring the employment of such children after they reach working age age;

4) social rehabilitation of a child – measures to restore the child's lost social ties and functions, replenish the life support environment, and strengthen care for him;

4-1) bullying of a child ‒ systematic (two or more times) acts of a humiliating nature, harassment and (or) intimidation, including those aimed at forcing or refusing to commit any action, as well as the same actions committed publicly or using mass media and (or) telecommunication networks, and (or) online platforms (cyberbullying);

5) social adaptation of a child is the process of active adaptation of a child in need of special social services to the conditions of the social environment through the assimilation and perception of values, rules and norms of behavior accepted in society, as well as the process of overcoming the consequences of psychological and (or) moral trauma.;

IZPI's note! Subparagraph 6) is provided for in the wording of the Law of the Republic of Kazakhstan No. 148-VIII dated 12/30/2024 (effective from 07/01/2025).

6) the child's legal representatives are parents, adoptive parents, guardian, trustee, foster carer, foster parents, and other persons replacing them who, in accordance with the legislation of the Republic of Kazakhstan, provide care, education, upbringing, and protection of the rights and interests of the child.;

7) economic exploitation of a child is the worst forms of child labor, including trafficking in minors, involving them in criminal activities or antisocial acts, prostitution, production of pornographic images or participation of minors in pornographic entertainment events, as well as labor performed by children under the minimum age for employment established by law. Republic of Kazakhstan;

8) orphan child - a child whose both or only parent have died.;

8-1) mentoring of orphaned children, children left without parental care (hereinafter referred to as mentoring), is an activity aimed at providing individual support and assistance in preparing orphans, children left without parental care, who are in educational institutions for orphaned children and children left without care. parents who have reached the age of ten;

8-2) mentor for orphaned children, children left without parental care (hereinafter referred to as mentor) is an adult citizen of the Republic of Kazakhstan who provides mentoring on the basis of a standard mentoring agreement;

8-3) The Commissioner for Children's Rights in the Republic of Kazakhstan is a person appointed by the President of the Republic of Kazakhstan, who is charged with ensuring basic guarantees of the rights and legitimate interests of children, as well as restoring their violated rights and freedoms in cooperation with state and public institutions.;

8-4) the authorized body in the field of protection of children's rights of the Republic of Kazakhstan is the central executive body, determined by the Government of the Republic of Kazakhstan, which provides leadership and intersectoral coordination in the field of protection of children's rights;

9) guardianship is a legal form of protection of the rights and legitimate interests of children aged from fourteen to eighteen years;

10) guardianship is a legal form of protection of the rights and legitimate interests of children under the age of fourteen;

11) state minimum social standards are the main indicators of ensuring the quality of life of children, including the minimum amount of social services, norms and standards established by the state.;

12) a child with a disability is a person under the age of eighteen who has a health disorder with a persistent disorder of body functions caused by diseases, injuries, their consequences, defects, leading to disability and the need for his social protection.;

12-1) target assets – money intended for securing and making payments of target savings, as well as for other purposes provided for by this Law;

12-2) recipient of targeted savings is a citizen of the Republic of Kazakhstan who has reached the age of eighteen and is eligible to receive targeted savings.;

12-3) target accumulation account is a personal registered account of the recipient of target savings opened in the unified accumulative pension fund in accordance with this Law and the legislation of the Republic of Kazakhstan, on which target savings are recorded and from which payments of target savings are made.;

12-4) disbursements of target savings – the amount of target savings paid from a target savings account to the recipient of target savings, as well as to heirs in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

12-5) participant of target requirements is a citizen of the Republic of Kazakhstan who has not reached the age of eighteen and is eligible for target requirements.;

12-6) regional Commissioner for children's Rights of a region, city of republican significance, capital – a representative of the Commissioner for Children's Rights in the Republic of Kazakhstan, who carries out his activities on a voluntary basis, who is charged with ensuring basic guarantees of the rights and legitimate interests of children, as well as restoring their violated rights and freedoms in cooperation with state and public institutions on the corresponding administrative-territorial unit;

13) foster care is a form of upbringing in which orphaned children, children left without parental care, are transferred to foster care in families under an agreement concluded by the body performing guardianship or guardianship functions and the person who expressed a desire to take the child (children) for upbringing.;

14) excluded by the Law of the Republic of Kazakhstan dated 04/01/2019 No. 240-VI (effective after ten calendar days after the date of its first official publication); 15) excluded by the Law of the Republic of Kazakhstan dated 12/30/2024 No. 148-VIII (effective after ten calendar days after the date of its first official publication).

15-1) mentoring organization is a non–profit organization that carries out activities on a gratuitous basis in the territory of the Republic of Kazakhstan to organize mentoring of orphaned children, children left without parental care, who are in educational institutions for orphaned children and children left without parental care who have reached the age of ten.;

16) targeted savings from the unified pension savings fund for the purpose of improving housing conditions and (or) paying for education (hereinafter referred to as targeted savings) – money accumulated in the target savings account of the recipient of targeted savings at the expense of fifty percent of the investment income of the National Fund of the Republic of Kazakhstan averaged over the eighteen years preceding the reporting year and averaged over eighteen years preceding the reporting year, the investment income accrued annually for this amount;

17) authorized operators – second-tier banks, the National Postal Operator, which open and maintain bank accounts for crediting payments of target savings transferred by the unified accumulative pension fund in order to improve housing conditions and (or) pay for education;

The Law of the Republic of Kazakhstan dated August 8, 2002 No. 345.

This Law regulates relations arising in connection with the realization of the fundamental rights and legitimate interests of the child, guaranteed by the Constitution of the Republic of Kazakhstan, based on the principles of prioritizing the preparation of children for a full-fledged life in society, the development of socially significant and creative activity in them, the education of high moral qualities, patriotism and citizenship, the formation of national identity based on universal human values. values of the world civilization.

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Republic of Kazakhstan

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