- Basic rights, freedoms and obligations of foreigners in the Republic of Kazakhstan
Basic rights, freedoms and obligations of foreigners in the Republic of Kazakhstan
Legal status of foreigners in the Republic of Kazakhstan
Foreigners in the Republic of Kazakhstan have all the rights and freedoms, as well as bear all the duties established by the Constitution, laws and international treaties of the Republic of Kazakhstan.
Foreigners in the Republic of Kazakhstan are equal before the law, regardless of their origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation.
The use of their rights and freedoms by foreigners should not harm the interests of Kazakhstan, the rights and legitimate interests of its citizens and other persons (Article 3 of the Law "On the Legal Status of Foreigners").
Protection of the rights of foreigners
Foreigners in the Republic of Kazakhstan have the right to appeal to the court and other state bodies to protect their property and personal non-property rights.
Foreigners enjoy procedural rights in court on an equal basis with citizens of the Republic of Kazakhstan (Article 18 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners").
How do I submit an appeal?
Before submitting an application to a state body or an official, make sure that the resolution of the issues you have raised is within their competence.
If you are submitting an application as an individual, then your last name, first name, as well as, if desired, patronymic, individual identification number (if any), postal address should be indicated in it. If on behalf of a legal entity – its name, postal address, business identification number.
The appeal must be signed by you personally. If you are submitting an application as a representative of a legal entity or an individual, the right to sign must be secured by a corresponding power of attorney.
When submitting a complaint, be sure to specify the name of the state agency or position, the names and initials of the officials whose actions are being appealed, the motives and requirements.
The appeal can be submitted on purpose, by mail, through public service centers (hereinafter-PSC) or in electronic form on the portal "Electronic government", if there is an electronic digital signature that can be obtained at the PSC at the place of residence.
When submitting an application, do not forget to get a ticket confirming the acceptance of the application by the state body. The ticket must contain the date and time, surname and initials of the person who accepted the appeal.
How can I find out about the results of consideration of an appeal without leaving home?
You need to go to the section "Check your appeal to state bodies" on the website of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office – service.pravstat.kz.
Dial the unique number of the application specified in the coupon, which is issued when submitting the application. Information about the results of consideration of the request will appear.
If you are stopped by a police officer:
ask them to introduce themselves and show their official ID;
you should not shout, swear and make unnecessary aggressive movements that can be perceived as an attack;
write down the details of the service certificate.
If a police officer suggested that you go along with him, it is necessary to record the time of your detention.
To do this, call the short number 102 (police) or 115 (prosecutor's office).
You need to inform the duty officer that you are detained by a police officer, his name and position, what you want to inform about.
All calls to these numbers are recorded and will be irrefutable proof of the exact time of detention.
Police officers have the right to check your documents in the following cases:
if there is a reason to suspect you of committing a criminal offense;
finding a person on the wanted list;
if there is a reason for initiating an administrative or criminal offense against you.
If a protocol on an administrative offense has been drawn up against you
The protocol on an administrative offense is drawn up in writing or electronically by an authorized official and is a document of strict accountability. It cannot be replaced or reprinted again. Read the protocol carefully. This will allow you to avoid many troubles and misunderstandings. Demand an exact indication of the date and time of the protocol, as well as a full statement of all the circumstances of the case.
You have the right to:
get acquainted with the protocol and other materials of the case;
give explanations, make comments on the content and design of the protocol;
present evidence, file petitions and challenges;
use the legal assistance of a defender;
when considering a case, speak in your native language or the language that you speak, and use the services of an interpreter free of charge if you do not speak the language in which the proceedings are conducted;
appeal against the application of measures to ensure the proceedings in the case (delivery, detention, drive, inspection, etc.), actions to draw up a protocol and a decision on the case;
make extracts and make copies of the documents available in the case.
If you do not agree with the protocol drawn up, you have the right to appeal the actions of an official to a higher authority, to a district or administrative court.
The complaint can be filed in your native language or a language that you speak within 2 months from the day when you became aware of the violation of your rights, freedoms and legitimate interests.
The complaint is considered within 10 days from the date of its receipt.
If you are denied satisfaction of the complaint, you have the right to appeal within 10 days from the date of receipt of a copy of the resolution:
resolution of the body (official) - to a higher body (official) or to a higher court;
the court's decision is sent to a higher court.
How do I file a crime report?
To do this, you need to:
apply directly to a law enforcement agency (the police, the prosecutor's Office, the National Anti-Corruption Bureau and the State Revenue Committee) and fill out an application of the established sample, about the acceptance of which you are required to issue a notification coupon;
call the special number of the internal affairs bodies "102" to call police officers and further submit a corresponding statement about the committed offense;
you can submit it through the portal of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan using an electronic digital signature;
through the e-government portal using an electronic digital signature.
In case of violation of the procedure for receiving and considering an appeal, you can contact the Call Center of the Prosecutor General's Office of the Republic of Kazakhstan at the number "115" or the higher management of the law enforcement agency that committed the violation.
In what cases can you be taken to a law enforcement agency?
You can only be taken to a law enforcement agency if you have committed or are suspected of committing an administrative or criminal offense.
If you have not committed an offense and believe that you have been illegally brought to the criminal prosecution authority, you have every right to appeal against illegal actions.
No one has the right to apply physical or moral pressure to you, to subject you or other persons to beatings or threats. This is punishable by law.
When can a personal search and a personal search be carried out?
When committing an administrative offense, a police officer can inspect your belongings or perform a personal search in the presence of two witnesses.
A personal search is a compulsory examination of a person's body and his clothes for the detection and prevention of offenses, the detection and seizure of documents, things and other objects that were the instrument of committing or the subject of an administrative offense.
Inspection of things is an examination of things that are with an individual, without violating their constructive integrity.
During pre-trial proceedings in a criminal case, a search or a personal search may be carried out in the presence of two witnesses.
The search is carried out for the purpose of detecting and seizing objects or documents relevant to the case, including the detection of property subject to arrest. Also, a search can be carried out to find the wanted person and the corpse of a person.
A personal search is carried out in order to detect and seize objects and documents that are on or inside the body of the searched person, in his clothes and things that are with him. It is necessary to know that a personal search can only be carried out by a person of the same sex with the searched person and with the participation of witnesses and specialists of the same sex.
A search, a personal search is carried out with the authorization of the investigating judge. Before the start of the search, you are required to present a resolution.
Without the approval of the investigating judge, the following may be carried out:
search, when there is a real fear that the object being sought and (or) subject to seizure may be lost, damaged or used for criminal purposes due to delay in its detection, or the wanted person may disappear;
personal search, during the search of the premises, if there is a suspicion that you are hiding documents or items that are relevant to the criminal case;
personal search, when you are detained and placed in a temporary detention center or in a pre-trial detention center.
In what cases can the authorities detain you?
Detention is carried out only in the following cases:
if you have committed an administrative offense;
if you are caught committing a crime or immediately after it is committed;
when eyewitnesses (witnesses), including victims, directly point to you as a person who committed a crime or detain you during the commission of a crime or immediately after its commission;
if obvious traces of a crime are found on you, on your clothes or with you, as well as in your home;
if the materials of operational-investigative activities and (or) secret investigative actions against you contain reliable data about the crime committed or being prepared by you;
Foreigners in the Republic of Kazakhstan have all the rights and freedoms, as well as bear all the duties established by the Constitution, laws and international treaties of the Republic of Kazakhstan.
Foreigners in the Republic of Kazakhstan are equal before the law, regardless of their origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation.
The use of their rights and freedoms by foreigners should not harm the interests of Kazakhstan, the rights and legitimate interests of its citizens and other persons (Article 3 of the Law "On the Legal Status of Foreigners").
Protection of the rights of foreigners
Foreigners in the Republic of Kazakhstan have the right to appeal to the court and other state bodies to protect their property and personal non-property rights.
Foreigners enjoy procedural rights in court on an equal basis with citizens of the Republic of Kazakhstan (Article 18 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners").
How do I submit an appeal?
Before submitting an application to a state body or an official, make sure that the resolution of the issues you have raised is within their competence.
If you are submitting an application as an individual, then your last name, first name, as well as, if desired, patronymic, individual identification number (if any), postal address should be indicated in it. If on behalf of a legal entity – its name, postal address, business identification number.
The appeal must be signed by you personally. If you are submitting an application as a representative of a legal entity or an individual, the right to sign must be secured by a corresponding power of attorney.
When submitting a complaint, be sure to specify the name of the state agency or position, the names and initials of the officials whose actions are being appealed, the motives and requirements.
The appeal can be submitted on purpose, by mail, through public service centers (hereinafter-PSC) or in electronic form on the portal "Electronic government", if there is an electronic digital signature that can be obtained at the PSC at the place of residence.
When submitting an application, do not forget to get a ticket confirming the acceptance of the application by the state body. The ticket must contain the date and time, surname and initials of the person who accepted the appeal.
How can I find out about the results of consideration of an appeal without leaving home?
You need to go to the section "Check your appeal to state bodies" on the website of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office – service.pravstat.kz.
Dial the unique number of the application specified in the coupon, which is issued when submitting the application. Information about the results of consideration of the request will appear.
If you are stopped by a police officer:
ask them to introduce themselves and show their official ID;
you should not shout, swear and make unnecessary aggressive movements that can be perceived as an attack;
write down the details of the service certificate.
If a police officer suggested that you go along with him, it is necessary to record the time of your detention.
To do this, call the short number 102 (police) or 115 (prosecutor's office).
You need to inform the duty officer that you are detained by a police officer, his name and position, what you want to inform about.
All calls to these numbers are recorded and will be irrefutable proof of the exact time of detention.
Police officers have the right to check your documents in the following cases:
if there is a reason to suspect you of committing a criminal offense;
finding a person on the wanted list;
if there is a reason for initiating an administrative or criminal offense against you.
If a protocol on an administrative offense has been drawn up against you
The protocol on an administrative offense is drawn up in writing or electronically by an authorized official and is a document of strict accountability. It cannot be replaced or reprinted again. Read the protocol carefully. This will allow you to avoid many troubles and misunderstandings. Demand an exact indication of the date and time of the protocol, as well as a full statement of all the circumstances of the case.
You have the right to:
get acquainted with the protocol and other materials of the case;
give explanations, make comments on the content and design of the protocol;
present evidence, file petitions and challenges;
use the legal assistance of a defender;
when considering a case, speak in your native language or the language that you speak, and use the services of an interpreter free of charge if you do not speak the language in which the proceedings are conducted;
appeal against the application of measures to ensure the proceedings in the case (delivery, detention, drive, inspection, etc.), actions to draw up a protocol and a decision on the case;
make extracts and make copies of the documents available in the case.
If you do not agree with the protocol drawn up, you have the right to appeal the actions of an official to a higher authority, to a district or administrative court.
The complaint can be filed in your native language or a language that you speak within 2 months from the day when you became aware of the violation of your rights, freedoms and legitimate interests.
The complaint is considered within 10 days from the date of its receipt.
If you are denied satisfaction of the complaint, you have the right to appeal within 10 days from the date of receipt of a copy of the resolution:
resolution of the body (official) - to a higher body (official) or to a higher court;
the court's decision is sent to a higher court.
How do I file a crime report?
To do this, you need to:
apply directly to a law enforcement agency (the police, the prosecutor's Office, the National Anti-Corruption Bureau and the State Revenue Committee) and fill out an application of the established sample, about the acceptance of which you are required to issue a notification coupon;
call the special number of the internal affairs bodies "102" to call police officers and further submit a corresponding statement about the committed offense;
you can submit it through the portal of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan using an electronic digital signature;
through the e-government portal using an electronic digital signature.
In case of violation of the procedure for receiving and considering an appeal, you can contact the Call Center of the Prosecutor General's Office of the Republic of Kazakhstan at the number "115" or the higher management of the law enforcement agency that committed the violation.
In what cases can you be taken to a law enforcement agency?
You can only be taken to a law enforcement agency if you have committed or are suspected of committing an administrative or criminal offense.
If you have not committed an offense and believe that you have been illegally brought to the criminal prosecution authority, you have every right to appeal against illegal actions.
No one has the right to apply physical or moral pressure to you, to subject you or other persons to beatings or threats. This is punishable by law.
When can a personal search and a personal search be carried out?
When committing an administrative offense, a police officer can inspect your belongings or perform a personal search in the presence of two witnesses.
A personal search is a compulsory examination of a person's body and his clothes for the detection and prevention of offenses, the detection and seizure of documents, things and other objects that were the instrument of committing or the subject of an administrative offense.
Inspection of things is an examination of things that are with an individual, without violating their constructive integrity.
During pre-trial proceedings in a criminal case, a search or a personal search may be carried out in the presence of two witnesses.
The search is carried out for the purpose of detecting and seizing objects or documents relevant to the case, including the detection of property subject to arrest. Also, a search can be carried out to find the wanted person and the corpse of a person.
A personal search is carried out in order to detect and seize objects and documents that are on or inside the body of the searched person, in his clothes and things that are with him. It is necessary to know that a personal search can only be carried out by a person of the same sex with the searched person and with the participation of witnesses and specialists of the same sex.
A search, a personal search is carried out with the authorization of the investigating judge. Before the start of the search, you are required to present a resolution.
Without the approval of the investigating judge, the following may be carried out:
search, when there is a real fear that the object being sought and (or) subject to seizure may be lost, damaged or used for criminal purposes due to delay in its detection, or the wanted person may disappear;
personal search, during the search of the premises, if there is a suspicion that you are hiding documents or items that are relevant to the criminal case;
personal search, when you are detained and placed in a temporary detention center or in a pre-trial detention center.
In what cases can the authorities detain you?
Detention is carried out only in the following cases:
if you have committed an administrative offense;
if you are caught committing a crime or immediately after it is committed;
when eyewitnesses (witnesses), including victims, directly point to you as a person who committed a crime or detain you during the commission of a crime or immediately after its commission;
if obvious traces of a crime are found on you, on your clothes or with you, as well as in your home;
if the materials of operational-investigative activities and (or) secret investigative actions against you contain reliable data about the crime committed or being prepared by you;
