Last Change:
03/19/2026
Law of the Republic of Kazakhstan dated 30 March 1999 No. 353-I 'On the Procedure and Conditions for Detention of Persons in Special Institutions, Special Rooms Providing Temporary Isolation from Societies'
Year: 1999
Type: Domestic law
Rights Category: Liberty & security of person
Description
Law of the Republic of Kazakhstan dated 30 March 1999 No. 353-I 'On the Procedure and Conditions for Detention of Persons in Special Institutions, Special Rooms Providing Temporary Isolation from Societies'
Selected provisions
1. The procedure for reception and registration of persons placed in special rooms,
conduct of personal searches, medical examinations, fingerprinting, photographing, as well as
a list of things to be seized, shall be determined in accordance with the rules for organizing
the activities of special rooms.
2. Close relatives at the place of residence shall be immediately notified of the placement
of persons in administrative detention in special rooms.
When a foreigner is placed in a special room, the state body that carried out the
administrative detention shall immediately notify the Prosecutor General's Office, the
Ministry of Foreign Affairs, the National Security Committee and the Ministry of Internal
Affairs of the Republic of Kazakhstan.
1. In special rooms, a regime shall be established to ensure the safety of detainees and to
exclude the possibility of their unauthorized leaving. The conditions of detention, the
requirements for the equipment of the rooms shall be determined by the standard rules of the
internal regulations of the special room.
2. Detainees held in special rooms shall be provided with food according to the standards
established for detainees in special detention centers. Food shall be issued daily according to
the statement.
3. Men placed in special rooms shall be placed separately from women.
4. Juveniles in respect of whom detention has been applied shall be kept separately from
adults.
5. Patients with infectious and parasitic diseases cannot be detained with other detainees.
1. Persons detained shall have the right:
1) to receive information about their rights and obligations, the regime of detention in a
special room;
2) for personal safety while in a special room;
3) to receive material and household and medical services;
4) to apply to the head of the police body, to the prosecution authorities, the court on the
issues of violation of their rights and legal interests.
2. Persons placed in special rooms shall be required to comply with the internal
regulations of the special room approved by the head of the police body.
1. Persons subjected to detention shall be subject to immediate release upon elimination of
the circumstances that served as the grounds for their detention, or at the end of the period of
detention established by the legislation of the Republic of Kazakhstan.
2. The released persons shall receive the documents, money and things against receipt
taken from them for storage, except for things the storage of which is illegal.
3. In case of unlawful possession by a detained person of firearms or cold steel, explosive,
potent or toxic substances and narcotic drugs, decisions shall be made in accordance with the
legislation of the Republic of Kazakhstan.
4. Upon release, a person shall be issued a certificate of his stay in a special room.
Supervision of the procedure and conditions of detention of persons in special institutions,
special rooms shall be carried out by prosecution authorities.
Footnote. Article 49 shall be in the wording of the Law of the Republic of Kazakhstan
dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the day
of its first official publication).
1. Public control shall be carried out by public associations for the purposes of rendering
assistance to the persons, detained in the special institutions, in carrying out of their rights and
legal interests in a part of conditions of detention, health service support, organization of
labour, leisure and education, provided by the legislation of the Republic of Kazakhstan.
2. Public control of special institutions in the form of activities of public monitoring
commissions is carried out in accordance with Articles 33, 34, 35, 37 and 38 of the
Penitentiary Code of the Republic of Kazakhstan.
3. excluded by the Law of the Republic of Kazakhstan dated November 24, 2021 № 75-
VII (shall be enforced ten calendar days after the day of its first official publication).
4. excluded by the Law of the Republic of Kazakhstan dated November 24, 2021 № 75-
VII (shall be enforced ten calendar days after the day of its first official publication).
5. Interference in the activities of special institutions, as well as in operational search,
counterintelligence, criminal procedure activities and proceedings in cases of administrative
offenses shall not be allowed upon carrying out public control.
Footnote. The Law is supplemented by Article 50 in accordance with the Law of the
Republic of Kazakhstan dated 29.12.2010 № 375-IV (shall be enforced upon expiry of ten
calendar days after its first official publication); dated 28.12.2016 № 36-VІ (shall be enforced
upon expiry of two months after the day its first official publication); dated November 24,
2021 № 75-VII (shall be enforced ten calendar days after the day of its first official
publication).
1. Public supervisory committee, as well as members of public supervisory committee
shall have a right to:
1) visit the special institutions without delay consisting of at least two members of the
public supervisory committee in the manner determined by the central executive bodies;
2) have a conversation with persons, detained in the special institutions, with the consent
of specified persons, as well as receive applications and complaints on issues of violation of
their rights and legal interests;
3) apply with applications to the administration of special institutions and (or) the
procuracy bodies on issues, related with ensuring of rights and legal interests of persons,
detained in the special institutions.
2. Powers of public supervisory committee on visit of specified institutions shall be
suspended for the period of introduction of a regime of special conditions in the special
institutions.
3. Upon execution of powers, the members of public supervisory committee shall be
obliged to observe provisions of regulatory legal acts, ensuring activity of special institutions,
as well as comply with the legal requirements of administration of specified institutions.
Implementation of measures of public control shall not create obstacles of carrying out of
procedural actions.
Footnote. The Law is supplemented by Article 51 in accordance with the Law of the
Republic of Kazakhstan dated 29.12.2010 № 375-IV (shall be enforced upon expiry of ten
calendar days after its first official publication).
The grounds of placement of persons in the special institutions:
1) placement of suspected and accused in commission of crimes, in relation of whom
detention in custody is elected as preventive measure, in the detention facility shall be carried
out by decree of judge;
2) placement detained on suspicion in commission of criminal infractions in the
temporary detention facility shall be carried out on protocol of detention, made by the
investigator or interrogating officer.
Placement of suspected, accused, defendants, in relation of whom detention in custody is
elected as preventive measures, in the temporary detention facility shall be carried out by
decree of judge in the cases when transfer in the detention facility is not possible because of
distance or absence of appropriate ways of communication.
In the cases when the suspected minor may not be left in the same place of residence on
living conditions and upbringing, he (she) may be placed in the organization, carrying out the
functions on protection of right of the child in accordance with the Law in the manner
provided by Article 540 of Criminal Procedure Code of the Republic of Kazakhstan;
3) placement in temporary detention centers, special receivers and receivers-distributors
of individuals subjected to administrative arrest or sentenced to arrest shall be carried out on
the basis of a judicial act;
3-1) placement in a special reception center of foreigners and stateless persons subject to
forcible expulsion on the basis of a verdict, decision, court order that has entered into legal
force, as well as those who have not left the territory of the Republic of Kazakhstan within the
period specified in the judicial act on expulsion, is carried out on the basis of the decision of
the internal affairs bodies on the preventive restriction of freedom of movement, sanctioned
by the court. Preventive restriction of the freedom of movement of such persons is allowed in
this case for the period necessary to organize their expulsion from the Republic of Kazakhstan
, but not more than thirty days;
4) placement of persons, not having defined place of residence and (or) identity cards in
the reception center shall be carried out on the basis of regulation of internal affairs bodies,
sanctioned by the court.
Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated
29.12.2010 № 375-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); as amended by the Law of the Republic of Kazakhstan dated 04.07.2014
№ 233-V (shall be enforced from 01.01.2015); dated 18.04.2017 № 58-VI (shall be enforced
upon expiry of ten calendar days after the day its first official publication); 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).