Last Change:

03/20/2026

The Law of the Republic of Kazakhstan dated 5 July 2024 No. 110-VIII "On Combating Human Trafficking"

Year: 2024

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Law of the Republic of Kazakhstan "On Combating Human Trafficking" defines measures to prevent, detect and suppress human trafficking, as well as protection and assistance to victims. It establishes the powers of government agencies, the duties of employers and other organizations, as well as guarantees for affected persons — citizens of Kazakhstan, foreign citizens and stateless persons.

Selected provisions
Article 4. Main goals and objectives of this Law

1. The main goals of this Law shall be to ensure and protect the rights, freedoms and
legitimate interests of victims of human trafficking, the interests of society and the state in the
sphere of countering human trafficking.
2. The main objectives of this Law shall be:
1) organizing and coordinating the activities of a unified system for countering human
trafficking;
2) providing assistance to the victims of human trafficking, ensuring their safety;
3) preventing and suppressing crimes related to human trafficking;
4) strengthening the interaction of subjects countering human trafficking;
5) creating organizational and legal basics for international cooperation in countering
human trafficking and fulfilling their international obligations.

Article 2. Scope of this Law

The effect of this Law shall apply to citizens of the Republic of Kazakhstan, fellow
countrymen, as well as foreigners and stateless persons permanently residing or temporarily
staying on the territory of the Republic of Kazakhstan, revealed and identified as victims of
human trafficking on the territory of the Republic of Kazakhstan.

Article 16. Identification and status of a victim of human trafficking

1. Identification of a potential victim of human trafficking shall be carried out to assign
the status of a victim of human trafficking, provide the necessary protection and assistance,
and prevent the risk of repeated involvement in human trafficking.
2. Identification of a victim of human trafficking shall be carried out by internal affairs
bodies jointly with the local executive body of districts, cities of regional, republican
significance, the capital, determining the direction in the sphere of social protection and
employment of the population, a subject providing special social services to the victims of
human trafficking, a non-profit organization in the manner established by the legislation of
the Republic of Kazakhstan.
3. Assignment of the status of a victim of human trafficking shall be carried out based on
the results of identification of a human trafficking victim in accordance with the procedure
established by the legislation of the Republic of Kazakhstan.

Article 17. Rights and obligations of a person identified as a victim of human trafficking

1. A potential victim of human trafficking shall have the right to apply for identification
as a victim of human trafficking.
2. A person identified as a victim of human trafficking shall have the right:
1) to receive information about the rights and obligations, protection and assistance
provided by the subjects countering human trafficking and subjects providing special social
services to the victims of human trafficking;
2) to have their personal data kept confidential and protected in accordance with the Law
of the Republic of Kazakhstan "On Personal Data and Their Protection";
3) to apply for special social services;
4) to apply for social assistance provided by decisions of local representative bodies, in
the manner established by the legislation of the Republic of Kazakhstan as a person (family)
in need of special social services;
5) to receive a guaranteed volume of free medical care in accordance with the list of
medical services determined by the authorized body in the field of healthcare;
6) to receive state-guaranteed legal assistance in the form of legal consultation, as well as
receive comprehensive social legal assistance in the manner established by the legislation of
the Republic of Kazakhstan;
7) for state protection when recognized by the body ensuring the security of protected
persons as a person subject to state protection during criminal proceedings, in the manner
prescribed by the Law of the Republic of Kazakhstan "On State Protection of Persons
Participating in Criminal Proceedings";
8) for the participation of a teacher and (or) psychologist during the interrogation of a
minor as a witness or victim within the framework of the pre-trial investigation and
consideration of a criminal case in court;
9) to receive compensation in accordance with the legislation of the Republic of
Kazakhstan on the Victims Compensation Fund;
10) to receive assistance in organizing access to representative offices and consulates of
the country of origin (country of citizenship);
11) for temporary residence in the territory of the Republic of Kazakhstan in order for a
foreigner or a stateless person revealed and identified as a victim of human trafficking in the
territory of the Republic of Kazakhstan to receive a guaranteed volume of special social
services in accordance with the legislation of the Republic of Kazakhstan on social protection;
12) to make a decision on contacting law enforcement agencies and on cooperation with
them during the period of providing him with special social services in accordance with the
legislation of the Republic of Kazakhstan on social protection, but not less than thirty
calendar days, as an immigrant revealed and identified as a victim of human trafficking in the
territory of the Republic of Kazakhstan;
13) to apply to the internal affairs bodies for obtaining a visa to leave the Republic of
Kazakhstan for the country of citizenship of a foreigner or permanent residence of a stateless
person in accordance with the legislation of the Republic of Kazakhstan in the field of
population migration;
14) to carry out labor activities without permission from local executive bodies to attract
foreign labor until the completion of proceedings on a specific criminal case related to human
trafficking, in accordance with the laws of the Republic of Kazakhstan;
15) to apply for the status of a refugee or stateless person in the manner established by the
legislation of the Republic of Kazakhstaas an asylum seekern;
16) to appeal an administrative act, administrative action (inaction) related to the adoption
of an administrative act, in the manner established by the laws of the Republic of Kazakhstan;
17) to exercise other rights provided for by the laws of the Republic of Kazakhstan.
3. A person identified as a victim of human trafficking shall be obliged to:
1) comply with the legislation of the Republic of Kazakhstan on countering human
trafficking;
2) to provide complete and reliable information about themselves, taking into account
their psychological state and health when interacting with subjects countering human
trafficking for protection and assistance.

Article 18. Redirection of victims of human trafficking

1. Redirection of victims of human trafficking for assistance and provision of special
social services shall determine a system of cooperation within the framework of which the
subjects countering human trafficking, within the limits of their competence, participate in
revealing, redirecting, protecting and providing assistance to the victims of human trafficking,
including potential victims, to ensure a comprehensive and accessible system of support for
the victims of human trafficking.
2. The procedure for redirecting the victims of human trafficking for assistance and
provision of special social services shall be approved by a joint regulatory legal act of
authorized state bodies in agreement with other state bodies in the field of countering human
trafficking.

Article 19. Return of citizens of the Republic of Kazakhstan, including minors, refugees recognized by the Republic of Kazakhstan, and stateless persons permanently residing in the Republic of Kazakhstan who have become victims of human trafficking

The foreign institutions of the Republic of Kazakhstan shall cooperate with the Ministry
of Internal Affairs of the Republic of Kazakhstan and other subjects of countering human
trafficking in order to issue a certificate of return to the Republic of Kazakhstan as soon as
possible and ensure the return of citizens of the Republic of Kazakhstan, including minors,
refugees recognized by the Republic of Kazakhstan, and stateless persons permanently
residing in the Republic of Kazakhstan who have become victims of human trafficking, in
accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Article 20. Return of foreigners and stateless persons identified as victims of human trafficking in the territory of the Republic of Kazakhstan

1. The return of foreigners and stateless persons identified as victims of human trafficking
in the territory of the Republic of Kazakhstan shall be carried out to the country of origin (
country of citizenship) voluntarily after the completion of provision of special social services
and (or) criminal proceedings.
2. Foreigners and stateless persons recognized as victims of crimes related to human
trafficking shall be provided with assistance in returning to the country of origin (country of
citizenship) within the framework of special social services in the manner established by the
legislation of the Republic of Kazakhstan.
3. If there is a fear that the return of victims of human trafficking endangers their safety,
they, with their consent, shall not be subject to return and expulsion deportation the Republic
of Kazakhstan and may apply for refugee status or stateless persons in accordance with the
procedure established by the legislation of the Republic of Kazakhstan.

Article 21. Protection of the rights of minor victims of human trafficking

1. Protection of the rights of minor victims of human trafficking and the provision of
assistance to them shall be ensured taking into account their legitimate interests and opinions.
2. If the age of a victim of human trafficking is not precisely determined and there are
grounds to believe that the victim is a minor, then the presumption applies that this person is
considered a minor and shall be subject to appropriate treatment until his or her age is
determined.
3. If the victim of human trafficking is an unaccompanied minor, then actions shall be
taken in accordance with the marriage and family legislation of the Republic of Kazakhstan.

Article 22. Prevention of trafficking in minors

The subjects countering human trafficking shall take measures for:
preventive work with minors and their legal representatives;
raising awareness of countering human trafficking among persons working with minors in
the field of education, upbringing and development, recreation and health organizations,
physical education and sports, medical care, provision of special social services, culture and
art;
development and implementation of programs to counter human trafficking in educational
organizations;
covering in the information sphere of the issues related to the prevention of human
trafficking or crimes related to human trafficking, as well as eliminating the causes and
conditions conducive to trafficking in minors.

Article 23. Return or identification of a minor victim of human trafficking

1. In the event that a minor victim of human trafficking who is a foreigner or a stateless
person is identified in the Republic of Kazakhstan, the guardianship and trusteeship
authorities at the location of the child shall assist in obtaining information about the presence
and place of residence of the parents (parent) or other legal representatives, and, if necessary,
place the child in organizations that exercise functions to protect the rights of the child.
When deciding on the issue of returning to the country of origin (country of citizenship)
or leaving the minor in the Republic of Kazakhstan, the decision shall be made only with the
consent of the minor who has reached the age of ten years, given by him in the presence of
the parents (parent) or other legal representatives or a representative of the body exercising
functions of guardianship or trusteeship.
2. A minor victim of human trafficking shall be returned to the country of origin (country
of citizenship) provided that the parents (parent) or other legal representatives or competent
authorities of the country of origin (country of citizenship) of the minor have agreed to take
responsibility for him/her and provide him/her with appropriate assistance and protection.
3. If such return endangers her/his safety and does not correspond to her/his interests, the
minor victim of human trafficking shall be assigned to an organization that carries out
functions to protect the rights of the child, in accordance with the procedure established by
the legislation of the Republic of Kazakhstan.