1. Persons with mental, behavioral disorders (diseases) have all the rights and freedoms of
citizens provided by the Constitution of the Republic of Kazakhstan and this Code.
Restriction of exercise of the rights and freedoms of citizens associated with mental,
behavioral disorders (diseases) shall be permissible only in cases provided by the laws of the
Republic of Kazakhstan.
2. Persons with mental, behavioral disorders (diseases) in provision of medical care in the
field of mental health have the right to:
1) receiving medical care in the field of mental health at the place of residence, as well as,
if necessary, at the location;
2) refusal at any stage of treatment from the use of medical devices and methods,
scientific research or educational process, from photography, video or filming;
3) invitation of a specialist involved in provision of medical care in the field of mental
health (with the consent of the latter) to work in the medical commission;
4) receiving education according to the program of a general education school or a special
school for children with intellectual disabilities, if the patient has not reached the age of
eighteen;
5) conducting correspondence, receiving and sending parcels, postal packets, money,
postal orders, using the telephone, receiving visitors, subscribing to periodicals;
6) possession of basic necessities and their acquisition, use of their own clothing;
7) a daily walk.
3. Persons with mental, behavioral disorders (diseases), in respect of whom compulsory
medical measures shall be applied in psychiatric institutions of a specialized type with
intensive supervision, have, in addition to the rights specified in Paragraphs 1 and 2 of this
Article, the right to:
1) purchase of additional food;
2) receiving medical services in excess of the guaranteed volume of free medical care;
3) purchase of soft inventory, clothing, footwear;
4) use of long-distance telephone communication;
5) use of a cash control account.
The implementation of these rights shall be carried out at the expense of the person to
whom they are granted.

1. Psychiatric examination shall be carried out in order to establish mental, behavioral
disorders (diseases) in the examined person, to determine the need for medical care in the
field of mental health, as well as to resolve issues of custody, determine temporary disability,
expertise of professional suitability, including during military medical expertise.
2. Psychiatric examination, as well as preventive examinations shall be carried out by a
psychiatrist:
1) with the written consent of the examined person or upon the written application from
his legal representatives indicating the reason for examination;
2) in relation to a minor or a person recognized by a court as incompetent, with the written
consent of his legal representative;
3) when carrying out a military medical examination in accordance with the legislation of
the Republic of Kazakhstan.
The data of the psychiatric examination and the conclusions on state of mental health of
the examined person shall be recorded in medical records, which also indicate the reasons for
contacting a psychiatrist and medical recommendations.
3. In case of objection or lack of consent of the examined person or the legal
representative of the minor, the examination shall be carried out by decision of the custody
and guardianship authority, which can be appealed to the court.
4. The doctor conducting the psychiatric examination shall be obliged to introduce
himself to the examined person and his legal representative as a psychiatrist, except for the
cases provided by Subparagraph 1) of Paragraph 5 of this Article.
5. A psychiatric examination of a person may be carried out without his consent or
without the consent of his legal representative in the case when the examined person commits
actions that give grounds to assume that he has a serious mental disorder (disease), which
causes:
1) his immediate danger to himself and others;
2) his helplessness, that is, the inability to independently meet basic life needs in the
absence of proper care;
3) significant harm to his health due to the deterioration of his mental state, if the person
is left without medical assistance in the field of mental health.
6. A psychiatric examination of a person may be carried out without the consent of his
legal representative, if the person being examined is under dynamic supervision in the manner
prescribed by Paragraph 2 of Article 176 of this Code.
7. Psychiatric examination and psychiatric examination of a person shall be carried out in
accordance with the legislation of the Republic of Kazakhstan.
A psychiatrist shall conduct psychiatric examination and psychiatric evaluation, including
for the presence of mental and behavioural disorder (disease) with a propensity to commit
unlawful and (or) socially dangerous acts.
8. In the cases provided by Paragraph 5 of this Article, the decision on psychiatric
examination shall be made by the commission of psychiatrists with notification of legal
representative of person.
9. The decision on a psychiatric examination of a person without his consent or without
the consent of his legal representative, except for cases provided by Paragraph 6 of this
Article, shall be made by a psychiatrist upon an application containing information on
existence of grounds for such examination listed in Paragraph 5 of this Article.
10. The application for a psychiatric examination must be written, contain detailed
information justifying the need for such an examination, and data on refusal of person (or his
legal representative) to go to a psychiatrist. A psychiatrist has the right to request additional
information necessary for making a decision, having established that the application does not
contain the circumstances provided by Paragraph 5 of this Article, or reasonably refuse in
writing a psychiatric examination.
11. A minor or a person recognized by a court as incapable, placed in an organization
providing medical care in the field of mental health to persons with mental, behavioral
disorders (diseases), shall be subject to mandatory examination by the commission of
psychiatrists in the manner prescribed by this Article.
12. During the first six months, a minor or a person declared legally incompetent by a
court shall be subject to examination by the commission of psychiatrists at least once a month
in order to resolve the issue of extending hospitalization. The decision to extend
hospitalization for more than six months shall be made by a court decision on the basis of an
appeal by the commission of psychiatrists in the manner prescribed by the legislation of the
Republic of Kazakhstan in the field of healthcare.
13. If the commission of psychiatrists or the administration of an organization providing
medical assistance in the field of mental health to persons with mental, behavioral disorders (
diseases), abuses committed during hospitalization by legal representatives of a minor or a
person declared incapable by a court, the administration of organization within twenty four
hours from the moment of revealing the specified circumstances, notifies the prosecutor and
the custody and guardianship authority at the place of residence of the ward.
Footnote. Article 166 as amended by Law of the Republic of Kazakhstan № 116-VIII of
08.07.2024 (shall be put into effect upon expiration of sixty calendar days after the day of its
first official publication).

1. The state guarantees:
1) emergency and routine medical care in the field of mental health within the guaranteed
extent of free medical care;
2) psychiatric examination, determination of temporary disability;
3) social and household help and assistance in employment for persons with mental,
behavioral disorders (diseases);
4) implementation of medical programs and measures aimed at ensuring equal
opportunities for persons with special needs.
2. The diagnosis of a mental, behavioral disorder (disease) shall be established by a
psychiatrist in accordance with the criteria of the international classification of diseases.
A primary health care doctor has the right to diagnose and treat borderline mental and
behavioral disorders in the amount established by the authorized authority, with the patient's
written consent. The conclusion of a doctor of primary health care shall not be a basis for
restricting the rights and freedoms of a patient, as well as a psychiatric examination.
3. For the diagnosis and treatment of a person with a mental, behavioral disorder (disease)
, medical devices and methods shall be used, permitted by the legislation of the Republic of
Kazakhstan in the field of healthcare.
4. Medicines and methods are used only for diagnostic and therapeutic purposes in
accordance with the nature of painful disorders and are prohibited for use as punishment for a
person.
5. The doctor, within forty-eight hours from the moment of the psychiatric examination,
provides a person with a mental, behavioral disorder (disease), if he can correctly perceive the
essence of the information presented, or his legal representative, written information about the
nature of the mental, behavioral disorder (disease), goals and methods of treatment, as well as
data on duration of the recommended treatment, possible pain, side effects, and expected
results. The information provided shall be recorded in the medical records. In other cases, this
information may be provided in accordance with Paragraph 4 of Article 273 of this Code.
6. Treatment of a person with a mental, behavioral disorder (disease) shall be carried out
after obtaining his consent or his legal representative, except for the cases provided by
Paragraph 7 of this Article.
7. Treatment can be carried out without the consent of a person with a mental, behavioral
disorder (disease) or his legal representative only when applying compulsory medical
measures on the grounds established by the laws of the Republic of Kazakhstan, as well as
when compulsory hospitalization on the grounds provided by Paragraph 1 of Article 137 of
this Code. In these cases, except for emergency hospitalization, treatment shall be carried out
by the decision of the commission of psychiatrists. When a person is hospitalized without his
consent, a decision on the procedure for treatment by the commission of psychiatrists must be
ensured within forty-eight hours from the moment of his hospitalization.
8. A person with a mental, behavioral disorder (disease) or his legal representative has the
right to refuse the proposed treatment or terminate it, except for the cases provided by
Paragraph 7 of this Article.
9. The person who has refused treatment or his legal representative must be explained the
possible consequences of termination of treatment. Refusal of treatment with indication of
information about possible consequences shall be made out by an entry in the medical
documentation signed by a person with a mental, behavioral disorder (disease) or his legal
representative and a psychiatrist.

1. The grounds for hospitalization in a hospital shall be the presence of a person's mental,
behavioral disorder (disease) and the decision of a psychiatrist on the need for examination or
treatment in a hospital.
2. The hospitalization of a person in a hospital shall be carried out voluntarily at his
request or with his written consent, except for the cases provided by Article 137 of this Code.
3. A minor shall be hospitalized in a hospital with the written consent of his legal
representative.
4. In the event of an objection or the absence of a legal representative, hospitalization of a
minor in a hospital shall be carried out by decision of the custody and guardianship authority,
which can be appealed in court, with a written notification of the prosecutor within
twenty-four hours from the date of the decision on hospitalization.
5. The consent of the person to hospitalization shall be formalized by an entry in the
medical documentation signed by the person or his legal representative and the psychiatrist.
6. Compulsory hospitalization in a hospital shall be allowed on the basis of a court
decision.
Compulsory hospitalization of a person in a hospital before a court makes a decision shall
be allowed only in the cases provided by Subparagraphs 3) and 4) of Paragraph 1 of Article
137 of this Code.
For each case of involuntary hospitalization without a court decision, the administration
of organization providing medical care in the field of mental health to persons with mental,
behavioral disorder (disease), within forty-eight hours from the moment the person shall be
placed in a hospital, sends a written notification to the prosecutor in accordance with the laws
of the Republic of Kazakhstan, and also informs the spouse, close relatives and (or) legal
representatives if there is information about them.
7. Stay of a person in a hospital forcibly continues only during the period of preservation
of the grounds on which the hospitalization was carried out.
8. A person admitted to a hospital in a compulsory manner during the first six months
shall be subject to examination by the commission of psychiatrists at least once a month in
order to resolve the issue of extending hospitalization. The extension of hospitalization for
more than six months shall be carried out by a court decision on the basis of an application by
an organization providing medical assistance in the field of mental health to persons with
mental, behavioral disorders (diseases), about the need to extend the period of compulsory
hospitalization and treatment, to which the conclusion of the commission of psychiatrists
shall be attached.
9. An extraordinary examination of a compulsorily hospitalized person may be carried out
at the request of the patient himself or his legal representative.
A person hospitalized in a hospital on the grounds provided by Paragraph 1 of Article 137
of this Code shall be subject to compulsory examination within forty-eight hours from the
moment of hospitalization by the commission of psychiatrists, which decides on the
justification for hospitalization. In cases where hospitalization shall be recognized as
unjustified and the hospitalized person does not express a desire to stay in the hospital, it shall
be subject to immediate discharge.
10. In case of disagreement with compulsory hospitalization, a person with mental,
behavioral disorder (disease) or his legal representative has the right to apply to the court in
the manner prescribed by the laws of the Republic of Kazakhstan.

1. Discharge from the hospital shall be made after the person has recovered or his mental
state has improved, when no further inpatient treatment shall be required, as well as upon
completion of examination or expertise, which were the grounds for admission to the hospital.
2. Discharge of a person who is voluntarily in the hospital shall be made on his personal
application, on application of his legal representative or by decision of his attending physician
.
3. Discharge of a person admitted to a hospital forcibly shall be made upon the conclusion
of the commission of psychiatrists, a court decision or a prosecutor's order.
4. Discharge of a person to whom, according to a court ruling, compulsory measures of a
medical nature were applied, shall be made only by ruling of the court.
5. A person admitted to a hospital voluntarily may be denied discharge if the commission
of psychiatrists of organization providing medical care in the field of mental health to persons
with mental, behavioral disorder (disease) establishes the grounds for compulsory
hospitalization provided by Paragraph 1 of Article 137 of this Code. In this case, the issues of
his stay in the hospital, prolongation of hospitalization and discharge from the hospital shall
be resolved in the manner prescribed by Paragraphs 7 - 9 of Article 168 of this Code and
Paragraph 3 of this Article.

1. Medical care in the field of mental health in inpatient conditions shall be carried out in
the least restrictive conditions that ensure the safety of the hospitalized person and other
persons, subject to medical personnel observing their rights and legitimate interests.
2. Measures of physical restraint and isolation during compulsory hospitalization and
hospitalization shall be applied only in those cases, forms and for that period of time when, in
the opinion of the psychiatrist, it is impossible to prevent the actions of the hospitalized
person posing an immediate danger to him or others by other methods persons, and shall be
carried out under the constant supervision of medical personnel. The forms and time of
application of measures of physical restraint or isolation shall be recorded in medical records
with notification of his legal representative.
3. Law enforcement officers shall be obliged to assist medical workers in the
implementation of compulsory examination, compulsory hospitalization, to ensure safe
conditions for access to the hospitalized person for the purpose of his examination, as well as
in cases that threaten the life and health of others from the hospitalized person (person subject
to hospitalization).

Violation of the laws of the Republic of Kazakhstan in the field of public healthcare
creates liability, established by the laws of the Republic of Kazakhstan.

1. Certification of a healthcare specialist shall be carried out by:
1) a state body in the field of providing healthcare services (assistance) in relation to
medical workers;
2) a state body in the field of circulation of pharmaceuticals and medical devices in
relation to pharmaceutical workers;
3) a state body in the field of sanitary and epidemiological welfare of the population in
relation to specialists of the sanitary and epidemiological service.
The list of specialties and specializations of healthcare specialists subject to certification
shall be determined by the authorized body.
2. The healthcare specialist certification shall be subject to confirmation every five years.
3. Individuals who have a certificate of a healthcare specialist, with a break of work
experience in a specialty for more than three years, shall be allowed to work in a relevant
specialty after advanced training, internship and assessment of professional preparedness in
an organization accredited by the authorized body.
4. Without an appropriate certificate of a healthcare specialist, the following shall be
prohibited:
1) engaging in clinical practice, with the exception of resident doctors, who are admitted
to clinical practice (work with patients) under the supervision of a mentor and foreign
specialists who have recognized documents on education;
2) engaging in pharmacy practice;
3) implementation of activities in the field of sanitary and epidemiological welfare of the
population.
5. Foreign specialists shall be allowed to carry out professional medical activities at
Nazarbayev University or its medical organizations, medical organizations of the Department
for Presidential Affairs of the Republic of Kazakhstan, as well as for the purpose of training
in the organization of higher and (or) postgraduate education, national and scientific centers,
scientific -research institutes and higher medical colleges that implement educational
curricula of additional education and have passed institutional accreditation by accreditation
bodies entered in the register of recognized accreditation bodies on the basis of accredited
university hospitals, clinics of educational organizations in the field of public health and the
residency base in the manner determined by the authorized body.
6. The rules for conducting certification of a healthcare specialist, confirmation of the
validity of a healthcare specialist certificate, including foreign specialists, as well as the
conditions for admission to certification of a healthcare specialist, who received medical
education outside the Republic of Kazakhstan, shall be approved by the authorized body.
7. Certification of healthcare managers shall be carried out by the state body in the field of
healthcare services (assistance) and shall be valid regardless of the implementation of
management activities.
8. Certification of a healthcare manager shall be subject to confirmation every five years.
Confirmation of the certificate of a healthcare manager shall be carried out by the state
body in the field of healthcare services (assistance).
9. The rules for conducting certification of a healthcare manager, confirmation of the
validity of a healthcare manager certificate shall be approved by the authorized body.
10. Suspension or deprivation (revocation) of a certificate of a healthcare specialist shall
be carried out in accordance with the laws of the Republic of Kazakhstan.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated
08.01.2021 № 410-VI (shall be enforced upon expiration of ten calendar days after the date of
its first official publication ); dated 25.04.2025 № 185-VIII (to be enacted ten calendar days
after the date of its first official publication).

1. Medical assistance is organized by the authorized body, central executive bodies and
other central state bodies having military-medical (medical) units, local public health
authorities of regions, cities of republican significance and the capital; healthcare entities
provide medical assistance in the manner prescribed by this Code.
2. Healthcare entities providing medical assistance are obliged to:
1) provide timely and high-quality medical assistance;
2) use methods of prevention, diagnosis, treatment and medical rehabilitation with the
greatest proven effectiveness and safety;
3) be prepared to work in an emergency situation, military conflict and in case of an act of
terrorism;
4) take measures for the prophylaxis, prevention, diagnosis, treatment and medical
rehabilitation of diseases that pose a danger to others, as well as occupational diseases;
5) provide individuals with free, prompt and reliable information on the forms and types
of medical assistance;
6) comply with regulatory legal acts in the field of sanitary-epidemiological welfare of the
population and hygienic standards;
7) interact with other healthcare entities and ensure consistency in their activities;
8) form a healthy lifestyle and healthy diet;
9) maintain medical source statements and submit reports in the forms and in the manner
established by the authorized body, with account of the requirements of the Law of the
Republic of Kazakhstan “On State Secrets” and the specific nature of their activities;
10) submit information (expedited report):
on cases of infectious diseases, poisoning, which pose a danger to others, - to the state
body for the sanitary-epidemiological welfare of the population;
on cases of death of pregnant women, women in labor, parturient women within forty-two
calendar days after childbirth, sudden death of patients during the provision of routine
medical assistance (primary medical and specialized medical, including high-tech, assistance)
- to the state body for providing medical services (assistance);
on the threat of emergence and (or) the emergence of medical-sanitary consequences of
emergency situations - to the authorized body for civil protection;
on persons who complained about recent injuries, wounds, illegal abortion, domestic
violence, cases of diseases that pose a danger to others - to the internal affairs bodies.
11) professional liability insurance for healthcare professionals.
3. Healthcare entities shall render medical care under the standards of organisation of
medical care, rules of medical care provision.
Healthcare professionals shall be governed by clinical protocols when selecting the most
effective methods of prevention, diagnosis, treatment and rehabilitation, which are of a
recommendatory nature.
Footnote. Article 115 as amended by Law of the Republic of Kazakhstan № 74-VIII of
19.04.2024 (see Article 2 for the enactment procedure).