1. The penalties for violations of established procedure of detention in custody shall be
imposed by the head of administration of the place of detention in custody or his (her)
assistant. For one violation may not be imposed more than one penalty to the guilty person.
2. Penalty shall be imposed in recognition of circumstances of commission of violation
and behavior of suspected and accused. Penalty may be imposed not later than ten days from
the date of detection of violation, and if in connection with violation an inspection is
conducted – from the date of its completion, but not later than one month from the date of
commission of violation.
3. Before imposition of penalty, suspected or accused shall offer the written explanation,
and in the case of refusal from offering of explanations on that shall be made the relevant act.
4. Penalty in the form of reprimand shall be imposed in oral or written form, other
penalties – in written form.
5. Suspected and accused shall have a right to apply with appeal of penalty to the superior
civil servant, prosecutor or court. Filing of a complaint shall not suspend the execution of
penalty.

1. The suspected and accused may be placed in a disciplinary cell, and minors - in a room
of temporary facility for:
1) oppression and insult of other suspected and accused;
2) disobedience to legal requirements of the employees of the places of detention in
custody or other persons for insulting them;
3) repeated violation of the rules of isolation;
4) storage, production and consumption of alcoholic beverages;
5) storage, production and use of other items, substances and food products prohibited for
storage and use;
6) participation in gambling games.
2. Punishment in the form of placement to a disciplinary cell, a room of temporary facility
shall be also applied to the suspected and accused, who were previously reprimanded two or
more times.
3. Placement to a disciplinary cell, a room of temporary facility shall be carried out on the
basis of the decision of the head of administration of the place of detention in custody or the
person performing his duties and the conclusion of the medical officer on the possibility of
keeping the suspected or accused in the disciplinary cell, a room of temporary facility.
4. The suspected and accused are provided with an individual bed and bedding only for
the time of sleep at the set time in the disciplinary isolator, temporary isolation facilities.
5. The suspected and accused, placed in a disciplinary cell, a room of temporary facility
shall be prohibited:
1) correspondence, visits, except visits with the defender;
2) purchase of food products and basic necessities;
3) receiving letters, parcels and deliveries;
4) use of board games, books, newspapers, magazines and other literature.
Parcels and deliveries are handed to the suspected and the accused after the expiration of
their term in the disciplinary cell, a room of temporary facility.
Other restrictions that are not provided by this article, with respect to the suspected and
accused in the disciplinary cell, room of temporary facility shall not be allowed. Sending of
their proposals, applications and complaints shall be carried out in accordance with the
procedure provided for in Article 20 of this Law.
6. The head of the administration of the place of detention in custody or the person
performing his duties shall have the right to postpone execution of the penalty in the form of
confinement to a disciplinary cell, a room of temporary facility, to release the suspected or the
accused ahead of schedule, taking into account medical indications. If the deadline for the
execution of the penalty for medical reasons exceeds one month from the date of its
imposition, the suspected or the accused shall be exempted from the penalty.
7. Women with infants, pregnant women and minors shall not be placed in a disciplinary
cell.
Footnote. Article 39 in the new wording of the Law of the Republic of Kazakhstan dated
18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after the day its first
official publication).

1. Upon establishment of the fact of refusal of the meal of suspected or accused, the head
of administration or his (her) assistant shall be obliged to find out the reasons and inform the
person and body, in the processing of which there is a criminal case, as well as prosecutor,
carrying out supervision for application of the Laws in the places of detention in custody.
2. Suspected or accused, refusing of the meal shall be detained as far as possible
separately from other suspected and accused and shall be under supervision of medical
worker.
3. The measures, including enforcement measures, directed to the health support of
suspected or accused, refusing of the meal, if his (her) life is threatened shall be carried out by
medical indication on the basis of written report of medical worker, supervising for him (her).
4. Refuse of the meal of suspected or accused shall not prevent to his (her) prison transfer
or convoy to other places of detention in custody, as well as participation in the investigatory
actions and judicial sittings. If it is necessary, the prison transfer or convoy shall be conducted
accompanied by medical worker.

Physical force, as well as fighting methods of struggle may be applied in the places of
detention in custody in relation of suspected or accused for suppression of infraction
committed by them or overcoming of his (her) countering to the legal requirements of
servants of the places of detention in custody, if nonviolent methods do not provide
termination of infraction or carrying out of legal requirements.

1. Special means and gas spray gun may be applied in the places of detention in custody
in the following cases:
1) for holding off an attack of suspected or accused to the servants of the places of
detention in custody and other persons;
2) for suppression of mass disorders or group violations of established regime of detention
in custody;
3) for suppression of illegal actions of suspected or accused, rendering defiance to the
legal requirements of the servants of the places of detention in custody or other servants of
correctional system, internal affairs bodies, engaging for ensuring of law enforcement;
4) for hostages release, holding off an attack on the buildings, premises, construction,
transport vehicles, land plots, belonging to the citizens, organizations and state bodies, as well
as for release them from capture;
5) for suppression of attempt to escape of suspected or accused from the places of
detention in custody or from the convoy;
6) for suppression of attempt of suspected or accused to cause harm to others or
themselves;
7) for detention and convoying of suspected, accused and convicted, escaped or evading
of serving the sentence of imprisonment.
2. As the special means may be applied:
1) handcuffs – in the case, provided by subparagraph 3), 5)-7) of paragraph 1 of this
Article, in the absence of handcuffs the servants of places of detention in custody shall have a
right to use improvised means of binding;
2) rubber truncheons – in the cases, provided by subparagraph 1)-6), 7) of paragraph 1 of
this Article;
3) gas spray gun and lachrymatory agents – in the cases, provided by subparagraphs 1)-4),
6), 7) of paragraph 1 of this Article;
4) light and sound devices distracting influence – in the cases, provided by subparagraphs
1)-4), 6) of paragraph 1) of this Article;
5) devices for opening premises, forced stopping of transport – in the cases, provided by
subparagraphs 2) and 4) of paragraph 1 of this Article;
6) water cannons, armored vehicles and other special transport vehicles – in the cases,
provided by subparagraphs 2) and 4) of paragraph 1 of this Article;
7) service animals – in the cases, provided by subparagraphs 1)-6), 7) of paragraph 1 of
this Article.
3. It shall be prohibited to apply the special means, gas spray gun and fighting methods of
struggle in relation of women, persons with obvious signs of disability, except for the cases of
commission by them an attack, threatening the life and health of others, group attack or
rendering of armed resistance.
Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 29
December, 2004 № 25.

1. Firearms may be applied in the places of detention in custody in the following cases:
1) for protection against attack, threatening the life or health of servants of the places of
detention in custody, suspected and accused, other persons;
2) for holding off an attack of suspected or accused to the servants of the places of
detention in custody, other persons in order to possess of weapon;
3) for hostage’s release, captured buildings, constructions, premises and transport vehicles
;
4) for holding off group or armed attack on the buildings, constructions, premises and
transport vehicles of the places of detention in custody;
5) for detention of person, rendering of armed resistance, as well as overtaken in
commission of grievous crime against life and health of servants of the places of detention in
custody or other persons;
6) for suppression of attempt to escape of suspected or accused from the places of
detention in custody or from the convoy;
7) for detention of armed person, refusing to execute the legal requirement of the servant
of the place of detention in custody on surrender of weapons;
8) for suppression of violent release of suspected and accused;
9) protection from animal attack;
10) sending of emergency signal or call for help;
11) in all other cases of necessary defence and extreme necessity.
2. It shall be prohibited to apply the weapons in relation of women and minors, except for
the cases of commission by them an armed attack, rendering of armed resistance, taking of
hostages, transport vehicles, as well as aircraft or group attack.
3. The prosecutor shall be immediately informed on each case of use of weapon and
special means, caused the death of persons or other grave consequences.

1. In cases of natural, man-made and social emergency, the introduction of a state of
emergency, special or martial law in the area of deployment of places of detention, mass riots
or disobedience of suspects and accused individuals or if there is a real threat of armed attack
on places of detention by decision of the Minister of the Interior, Chairman of the National
Security Committee, Minister of Defense of the Republic of Kazakhstan, agreed with the
Prosecutor General of the Republic of Kazakhstan, a regime of special conditions shall be
introduced in the relevant places of detention for a period not exceeding thirty days.
In case of failure to achieve the goals of entering the special conditions regime within the
specified periods, its validity period is extended by the specified officials to an additional
thirty days.
2. When entering the special conditions mode:
1) security, access control and supervision of suspects, accused and defendants in custody
shall be strengthened;
2) may be restricted or suspended:
all activities involving suspects, accused and defendants;
reception of parcels and transmissions;
quarterback dates;
visits with relatives and other persons listed in Article 17 of this Law;
departure of suspects, accused and defendants to participate in investigative actions and
court hearings;
transfer of suspects, accused, defendants to temporary detention centers;
3) can be organized:
telephone conversations with suspects, accused and defendants on the basis of the written
permission of the person or body conducting the criminal process, paid from personal funds;
Visits by suspects, accused individuals and defendants with defenders, relatives and other
individuals in the manner prescribed by Article 17 of this Law, using the telecommunication
facilities available at the institution.
3. In the case of occurrence of immediately dangerous to life and health of suspected and
accused, other persons, the head of administration of the place of detention in custody may
independently introduce the measures, provided by paragraph 2 of this Article, with
immediate notification respectively the Ministry of internal affairs, Chairman of the National
Security Committee, Minister of Defence, Procurator General of the Republic of Kazakhstan,
the head of internal affairs bodies, correctional system, national security, in the territory of
which there is a place of detention in custody.
4. Regime of special conditions in the places od detention in custody shall be cancelled by
the body or civil servant, by whom it was introduced, or superior body or civil servant.
Footnote. Article 46 as amended by the Laws of the Republic of Kazakhstan dated
16.07.2001 № 244 (shall be enforced from 1 January, 2001); dated 18.01.2012 № 547-IV (
shall be enforced upon expiry of ten calendar days after its first official publication); dated
16.07.2025 № 210-VIII (shall enter into force upon expiry of sixty calendar days after the day
of its first official publication).

Footnote. The heading of Article 46-6 as amended by the Law of the Republic of
Kazakhstan dated 19.12.2020 № 385-VI (shall be enforced ten calendar days after the day of
its first official publication); dated 30.06.2025 № 203-VIII (shall enter into force upon expiry
of ten calendar days after the day of its first official publication); dated 16.07.2025 № 210-
VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official
publication).
1. Upon admission to a special receiver, receiver-distributor, temporary detention facility
for persons subjected to administrative arrest and sentenced to arrest, foreigners and stateless
persons to be forcibly expelled, the presence of:
1) the judge's order on arrest, signed by him personally and sealed by the court or certified
by means of an electronic digital signature;
1-1) decisions of the internal affairs body on the preventive restriction of freedom of
movement, sanctioned by the court;
2) protocol of personal inspection with seized items prohibited for storage in a special
receiver, receiver-distributor, temporary detention center;
3) documents certifying the identity of a person subjected to administrative arrest, a
foreigner and a stateless person, subject to forcible expulsion.
2. The procedure for registering individuals brought to a special receiver,
receiver-distributor, temporary detention center, personal inspection, medical examination,
fingerprinting, photographing, visiting by official representatives of diplomatic missions or
consular offices of foreign states of a foreigner who shall be a citizen of the state they
represent, as well as a list of things subject to seizure, are determined by the Internal
Regulations in a special receiver approved by the Ministry of Internal Affairs of the Republic
of Kazakhstan.
3. On the placement of individuals subjected to administrative arrest and sentenced to
arrest, to a special receiver, a receiver-distributor, a temporary detention facility or sending
them to the appropriate medical organizations, the administration of a special receiver,
receiver-distributor, temporary detention center during the day notifies their close relatives at
the place of residence, and in case of placement of a foreigner - also an embassy, consulate or
other representative office of a foreign state through the Ministry of Foreign Affairs of the
Republic of Kazakhstan.
4. Appeals and proposals of individuals subjected to administrative arrest and sentenced
to arrest, foreigners and stateless persons subject to forcible expulsion addressed to the court,
prosecutor's office or other state bodies shall not be considered and sent to the address within
twenty-four hours from the time of their submission.
5. In the absence of a special receiver or the absence of places in it, or the impossibility of
delivery to a special receiver due to its remoteness, or the lack of proper communication
routes, it shall be allowed to keep individuals subjected to administrative arrest and sentenced
to arrest in a distribution receiver or temporary detention center.
Persons subjected to administrative arrest and persons detained on suspicion of having
committed criminal offenses are held separately in a temporary detention facility.
When placed in a special receiver, individuals subjected to administrative arrest and
sentenced to arrest are kept separately.
In the receiver-distributor, individuals subjected to administrative arrest and sentenced to
arrest, and individuals who shall not have a certain place of residence and (or) identity
documents shall be kept separately.
Footnote. Article 46-6 as amended by the Law of the Republic of Kazakhstan dated
27.12.2019 № 292-VІ (the order of enforcement, see article 2); dated 19.12.2020 № 385-VI (
shall be enforced ten calendar days after the day of its first official publication); dated
30.06.2025 № 203-VIII (shall enter into force upon expiry of ten calendar days after its first
official publication); dated 16.07.2025 210-VIII (shall enter into force upon expiry of sixty
calendar days after the day of its first official publication).

1. Individuals subjected to administrative arrest and sentenced to arrest, foreigners and
stateless persons subject to forcible expulsion shall be kept in cells, the doors of which must
have strong locks and inspection holes, windows shall be equipped with metal bars. In each
cell, the Internal Rules shall be posted in a special receiver, receiver-distributor, temporary
detention center.
2. In special receivers, receivers-distributors, temporary detention facilities, a mode shall
be established that provides round-the-clock duty and excludes the possibility of unauthorized
departure of contained persons outside the institution.
Individuals subjected to administrative arrest and sentenced to arrest, foreigners and
stateless persons subject to forcible expulsion may be subjected to physical force and special
means in accordance with the Law of the Republic of Kazakhstan "On law enforcement
service."
3. Individuals subjected to administrative arrest and sentenced to arrest, foreigners and
stateless persons subject to forcible expulsion, detained in special detention centers,
distribution centers, temporary detention centers, shall be provided with food in accordance
with the standards established for detainees and those in temporary detention centers. Food
shall be issued to the duty daily on the list.
4. Men placed in special receivers, receivers-distributors, temporary detention facilities
shall be placed separately from women.
5. Patients with contagious tuberculosis, sexually transmitted and other infectious diseases
shall be isolated from other individuals subjected to administrative arrest and sentenced to
arrest, foreigners and stateless persons subject to forcible expulsion.
6. Military men subjected to administrative arrest shall be held at guardhouses.
The procedure of serving an administrative arrest by military men at the guardhouse shall
be determined by the Ministry of Defense, the Ministry of Internal Affairs, and the
Committee for National Security of the Republic of Kazakhstan.
Footnote. Article 46-7 as amended by the Law of the Republic of Kazakhstan dated
19.12.2020 № 385-VI (shall be enforced ten calendar days after the day of its first official
publication); dated 30.06.2025 № 203-VIII (shall enter into force upon expiry of ten calendar
days after its first official publication); dated 16.07.2025 № 210-VIII (shall enter into force
upon expiry of sixty calendar days after the day of its first official publication).

Footnote. The heading of Article 46-8 as amended by the Law of the Republic of
Kazakhstan dated 19.12.2020 № 385-VI (shall be enforced ten calendar days after the day of
its first official publication); dated 30.06.2025 № 203-VIII (shall enter into force upon expiry
of ten calendar days after the day of its first official publication).
1. Individuals subjected to administrative arrest and sentenced to arrest, foreigners and
stateless persons subject to forcible expulsion, detained in special detention centers,
distribution centers, temporary detention facilities, shall have the right to:
1) receive information about their rights and obligations, the regime of detention in a
special receiver, receiver-distributor, temporary detention center, the procedure for submitting
proposals, applications and complaints;
2) personal safety while in a special receiver, receiver-distributor, temporary detention
center;
3) to get material – social and medical and sanitary services in accordance with the norms
approved by the Internal Regulations in a special reception center;
4) to receive letters, parcels, packages and deliveries;
5) for an eight-hour sleep at night;
6) for a daily walk of at least two hours a day;
7) to conduct religious rites - subject to compliance with the Internal Rules in a special
receiver, receiver-distributor, temporary detention center and the rights of other persons;
8) apply to the administration of a special receiver, receiver-distributor, temporary
detention center, prosecutor's office, court on issues of violation of their rights and legitimate
interests.
2. Individuals subjected to administrative arrest and sentenced to arrest, foreigners and
stateless persons subject to forcible expulsion, placed in special receivers,
receivers-distributors, temporary detention centers, are obliged to comply with the Internal
Rules in a special receiver, receiver-distributor, temporary detention center.
Footnote. Article 46-8 as amended by the Law of the Republic of Kazakhstan dated
December 19, 2020 № 385-VI (shall be enforced ten calendar days after the day of its first
official publication); dated 30.06.2025 № 203-VIII (shall enter into force upon expiry of ten
calendar days after the day of its first official publication). dated 16.07.2025 № 210-VIII (
shall enter into force upon expiry of sixty calendar days after the day of its first official
publication).