Kazakhstan

Article 12
1. Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution. 2. Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. 3. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship. 4. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties. 5. Exercise of a citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.
Article 16
1. Everyone shall have the right to personal freedom.
2. Arrest and detention shall be allowed only in cases stipulated by law and with the sanction of a court with right of appeal of an arrested person. Without the sanction of a court, a person may be detained for a period no more than seventy-two hours.
3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a defense lawyer (defender) from the moment of detention, arrest or accusation.
Article 17
1. A person’s dignity shall be inviolable.
2. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.
Article 24
1. Everyone shall have the right to freedom of labor, and the free choice of occupation and profession. Involuntary labor shall be permitted only on a sentence of court or in the conditions of a state of emergency or martial law.
2. Everyone shall have the right to safe and hygienic working conditions, to just remuneration for labor without discrimination, as well as to social protection against unemployment.
3. The right to individual and collective labor disputes with the use of methods for resolving them, stipulated by law including the right to strike, shall be recognized.
4. Everyone shall have the right to rest. Working labor agreements stipulating the length of working time, days-off and holidays, and paid annual leave shall be guaranteed by law.

Article 28
1. A citizen of the Republic of Kazakhstan shall be guaranteed a minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of a breadwinner and other legal grounds.
2. Voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged.
Article 34
1. Everyone must observe the Constitution, legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.
2. Everyone must respect the state symbols of the Republic.Kazakhstan Constitution

Article 125. Kidnapping
1. Kidnapping of a person, – shall be punished by deprivation of freedom for a period from four to seven years.
2. The same act committed:
a) by a group of people upon a preliminary collusion;
b) repeatedly;
c) with violence which is dangerous for life or health;
d) with the use of weapons or items used as weapons;
e) with regard to a person under age, a given convict being aware of that;
f) with regard to a pregnant woman, a given convict being aware of that fact;
g) with regard to two or more persons;
h) for avaricious or venal motives, –
shall be punished by deprivation of freedom for a period from seven up to twelve years, with forfeiture of property or without it.
3. Acts stipulated by the first or the second parts of this Article, if they:
a) are committed by an organised group;
b) are committed for the purpose of sexual or other exploitation of a kidnapped person;
c) due to negligence entailed the death of a given victim or other grave consequences, –
shall be punished by deprivation of freedom for a period from ten up to fifteen years, with forfeiture of property or without it.
Note. A person who voluntarily released a kidnapped person shall be exempt from criminal liability, unless there are elements of another crime in his actions.
Article 126. Illegal Deprivation of Freedom
1. Illegal deprivation of a person’s freedom, which is not associated with his kidnapping, – shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by deprivation of freedom for a period up to three years.
2. The same act committed as follows:
a) by a group of persons upon a preliminary collusion;
b) repeatedly;
c) with violence which is dangerous for life or health;
d) with the use of weapons or items used as weapons;
e) with regard to a person under age, a given convict being aware of that fact;
f) with regard to a pregnant woman, a given convict being aware of that fact;
g) with regard to two or more persons;
h) for avaricious or venal motives,
-shall be punished by deprivation of freedom for a period up to five years, with forfeiture of property or without it.
3. Acts stipulated by the first or the second parts of this Article, if they:
a) are committed by an organised group;
b) are committed for the purpose of sexual or other exploitation of a person who was illegally deprived of freedom;
c) entailed, due to negligence, the death of a given victim or other grave consequences,
– shall be punished by deprivation of freedom for a period from five up to ten years, with forfeiture of property or without it.

Article 128- Human trafficking:
1. Buy and sale or commission of other transactions in relation of person, as well as his (her) operation or enlistment, transportation, transfer, concealment, receipt, as well as commission of other actions in order of operation shall be punished by imprisonment for the term of three to five years with confiscation of property.

2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health, or threat of its use;
4) with use of weapons or objects used as weapons;
5) in relation of woman, certainly for guilty person being in the state of pregnancy;
6) in relation of two and more persons;
7) in order of removal of organs or tissues of injured person for transplantation or other use;
8) by false pretences or abuse of trust;
9) by person with the use of his (her) official position;
10) with the use of material or other dependence of injured person;
11) in relation of person, certainly for guilty person suffered from mental disease or being in the helpless state;
12) with suppression, non-disclosure or destruction of documents, certifying identity of injured person
shall be punished by imprisonment for the term of five to seven years with confiscation of property.
3. The actions, provided by first and second parts of this Article, committed in order of export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of person through the territory of the Republic of Kazakhstan from one foreign state to another, as well as export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of person through the territory of the Republic of Kazakhstan from one foreign state to another state in order of commission of such actions shall be punished by imprisonment for the term of seven to ten years with confiscation of property.
4. The actions, provided by first, second or third part of this Article, if they:
1) committed by criminal group;
2) resulted the death of injured person by negligence or other grievous consequences
– shall be punished by imprisonment for the term of ten to fifteen years with confiscation of property.
Article 132. Involvement of a Juvenile into the Commission of Anti-Social Acts
1. Involvement of a juvenile in the non-medical use of drugs or other narcotic substances, or systematic use of alcohol, or into prostitution, vagrancy, or into begging, – shall be punished by engagement in public works for a period from one hundred up to two hundred forty hours, or by correctional labour for a period from one year up to two years, or detention under arrest for a period up to six months, or deprivation of freedom for a period up to three years.
2. The same act committed by a parent, teacher, or another person, to whom obligations are delegated by law to raise or educate a given juvenile, – shall be punished by restriction of freedom for a period up to three years, or detention under arrest for a period from four to six months, or by deprivation of freedom for a period up to five years, with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years or without it.
3. Acts stipulated by the first or the second part of this Article committed repeatedly, or with violence or threatening with violence, – shall be punished by deprivation of freedom for a period up to six years.
Article 133. Trading in Juveniles
1. Purchase-and-sale of a juvenile, or the commission of other transactions with regard to a juvenile in the form of his transfer or getting possession of him, shall be punished by deprivation of freedom for a period from two to seven years. 2. The same acts committed:
a) repeatedly;
b) with regard to two or more juveniles;
c) by a group of persons upon a preliminary collusion or by an organised group;
d) by a person with the use of his official position;
e) with illegal export of a juvenile outside of the Republic of Kazakhstan, or his illegal import into the Republic of Kazakhstan;
f) for the purpose of involvement of a given juvenile into the commission of a crime or other anti-social actions;
g) for the purpose of extraction of organs or tissues of a given juvenile for transplantation,
– shall be punished by deprivation of freedom for a period from three up to ten years, with forfeiture of property or without it.
3. Acts stipulated by the first or second part of this Article which entailed, due to negligence, the death of a given juvenile or other grave consequences, – shall be punished by deprivation of freedom for a period from seven to fifteen years with forfeiture of property or without it.
Article 148. Violation of Labour Legislation
1. Illegal dismissal of an employee from work for personal motives, and non-execution of a court’s decision on his restoration at work, as well as other violation of labour legislation which entailed the causation of serious infringement upon the rights and legitimate interests of citizens, – shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages of other income of a given convict for a period from one to two months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period of five years.
2. An unmotivated refusal to accept a pregnant woman for work, or the unmotivated dismissal of a woman due to her pregnancy, or an unmotivated refusal to hire her for work, or an unmotivated dismissal from work of a woman having children under the age of three, based on these motives, as well as an unmotivated refusal to accept her for work, or an unmotivated dismissal from work of an underage person based on his minor age, – shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period of five years or correctional labour for a period up to two years.
3. Repeated delay by a person, who carries out managerial functions, of payment of wages in full volume and within the established periods in relation to the use of funds for other purposes, – shall be punished by a fine in an amount from three hundred up to seven hundred monthly assessment indices, or in an amount of wages of other income of a given convict for a period from three to seven months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years.
Article 270. Drawing into Prostitution
1. Drawing into prostitution by way of violence or a threat to apply it, the use of a dependent position, blackmail, destruction or damaging property, or by way of deceit, – shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by imprisonment for a period up to five years. 2. The same act committed by an organised group, as well as by a person who was earlier convicted for drawing into prostitution, or the organisation or the keeping of haunts, or for pandering, – shall be punished by imprisonment for a period from three to seven years.Kazakhstan Criminal Code (English)

Article 9
the conditions for entering into a marriage are that both the man and the woman entering into the marriage give their voluntary consent and that both are of marriageable age. The law has not and does not specify any other conditions or requirements for entry into marriage, specifically with regard to paying a dowry or price for the bride. The law on marriage and the family establishes the age for marriage for men and for women to be 18. If there are legitimate reasons, civil registry authorities may lower the age for marriage by no more than two years.

Article 8. Prohibition of forced labor
Forced labor is prohibited. Forced labor is any work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered required by the laws of the Republic of Kazakhstan on compulsory military service
Article 14. Liability for violation of the labor legislation of the Republic of Kazakhstan
1. Persons guilty of violating the labor legislation of the Republic of Kazakhstan are liable in accordance with the laws of the Republic of KazakhstanKazakhstan Labour Code

Article 128. Human trafficking

1. Buy and sale or commission of other transactions in relation of person, as well as his (her) operation or enlistment, transportation, transfer, concealment, receipt, as well as commission of other actions in order of operation – shall be punished with imprisonment for a term of four to seven years with confiscation of property.
2. The same action, committed:

1) by group of persons on previous concert;

2) repeatedly;

3) with use of force, dangerous to life and health, or threat of its use;

4) with use of weapons or objects used as weapons;

5) in relation of woman, certainly for guilty person being in the state of pregnancy;

6) in relation of two and more persons;

7) in order of removal of organs or tissues of injured person for transplantation or other use;

8) by false pretenses or abuse of trust;

9) by person with the use of his (her) official position;

10) with the use of material or other dependence of injured person;

11) in relation of person, certainly for guilty person suffered from mental disease or being in the helpless state;

12) with suppression, non-disclosure or destruction of documents, certifying identity of injured person shall be punished by imprisonment for the term of five to seven years with confiscation of property, –

shall be punished with imprisonment for a term of seven to nine years with confiscation of property.

3. The actions, provided by first and second parts of this Article, committed in order of export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of person through the territory of the Republic of Kazakhstan from one foreign state to another, as well as export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of person through the territory of the Republic of Kazakhstan from one foreign state to another state in order of commission of such actions-

shall be punished with imprisonment for a term of nine to twelve years with confiscation of property.

4. The actions, provided by first, second or third part of this Article, if they:

1) committed by criminal group;

2) resulted the death of injured person by negligence or other grievous consequences –

shall be punished with imprisonment for a term of twelve to fifteen years with confiscation of property.

Article 132. Involvement of a minor in the commission of criminal infractions
1. Involvement of a minor in the commission of criminal infractions by person, reached the age of eighteen –
shall be punished with imprisonment for a term of three to six years.
2. The same action, committed by a parent, teacher or other person to whom the responsibilities of a minor’s upbringing are imposed by the Law of the Republic of Kazakhstan, or through the use of telecommunications networks, including the Internet, –
shall be punished with imprisonment for a term of four to eight years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
3. The actions, provided by first or second parts of this Article, committed with use of force or treat of its use shall be punished by imprisonment for the term of four to eight years
with deprivation of the right to occupy determined positions or to engage in a determined activity for life, –
shall be punished with imprisonment for a term of four to ten years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
4. The actions, provided by first, second or third parts of this Article, linked with involvement of minor in the commission of grievous or especially grave crime shall be punished by imprisonment for the term of five to ten years with deprivation of the right to occupy determined positions or to engage in a determined activity for life, –
shall be punished with imprisonment for a term of five to twelve years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
5. The actions, provided by first, second, third or fourth parts of this Article, linked with involvement of minor in the criminal activity of criminal group shall be punished by imprisonment for the term of ten to fifteen years with deprivation of the right to occupy determined positions or to engage in a determined activity for life.

Article 133. Involvement of a minor in commission of antisocial actions
1. Involvement of a minor in consumption of doping substances or drug abuse, or in repeated use of alcoholic drinks, or vagrancy or beggary –

shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.

2. The same action, committed by parent, teacher or other person, to whom the responsibilities on upbringing of a minor are imposed by the Law of the Republic of Kazakhstan –
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with lifetime deprivation of the right to hold certain positions or engage in certain activities.
3. The actions, provided by first or second parts of this Article, committed repeatedly or with use of force or threat of its use – shall be punished with imprisonment for a term of three to seven years with lifetime deprivation of the right to hold certain positions or engage in certain activities.

Article 134. Involvement of a minor in prostitution
1. Involvement of a minor in prostitution –
shall be punished with imprisonment for a term of three to six years with confiscation of property.
2. Involvement of a minor in prostitution by use of force or threat of its use, use of dependent position, blackmail, destruction or damaging of property or by false pretenses –
shall be punished with imprisonment for a term of five to eight years with confiscation of property.
3. The actions, provided by first and second part of this Article, committed:
1) by group of persons on previous concert;
1-1) through the use of telecommunications networks, including the Internet;
2) repeatedly;
shall be punished by imprisonment for the term of six to ten years with confiscation of property.
4. The actions, provided by first, second or third parts of this Article, committed by:
1) criminal group;
2) parent, teacher or other person, to whom the responsibilities on upbringing of a minor are imposed by the Law of the Republic of Kazakhstan, –
shall be punished by imprisonment for the term of seven to twelve years with confiscation of property, and in the cases, provided by paragraph 2), with deprivation of the right to
occupy determined positions or to engage in a determined activity for life.

Article 135. Trafficking in minors

1. Buy and sale or commission of other transactions in relation of minor, as well as his (her) operation or enlistment, transportation, transfer, concealment, receipt, as well as commission of other actions in order of operation-

shall be punished with imprisonment for a term of five to nine years with confiscation of property.

2. The same actions, committed:

1) group of persons on previous concert;

2) repeatedly;

3) with use of force, dangerous to life and health, or threat of its use;

4) with use of weapons or objects used as weapons;

5) in relation of two and more persons;

6) in order of removal of organs or tissues of injured person for transplantation or other use;

7) by false pretenses or abuse of trust;

8) by person with the use of his (her) official position;

9) in order of involvement of a minor in commission of crimes or other antisocial actions;

10) with the use of material or other dependence of injured person;

11) in relation of minor, certainly for guilty person being in the state of pregnancy;

12) in relation of a minor, certainly for guilty person suffered from mental disease or being in the helpless state;

13) with suppression, non-disclosure or destruction of documents, certifying identity of injured person,-

shall be punished with imprisonment for a term of nine to twelve years with confiscation of property.

3. The actions, provided by first and second parts of this Article, committed in order of export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of a minor through the territory of the Republic of Kazakhstan from one foreign state to another, as well as export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or transportation of minor through the territory of the Republic of Kazakhstan from one foreign state to another state in order of commission of such actions-

shall be punished with imprisonment for a term of ten to fifteen years with confiscation of property.

4. The actions, provided by first, second or third parts of this Article, if they:

1) committed by criminal group;

2) resulted the death of injured person by negligence or other grievous consequences, –

shall be punished with imprisonment for a term of twelve to eighteen years with confiscation of property

Article 152. Violation of the labor legislation of the Republic of Kazakhstan

1. Illegal termination of labor agreement with employee or non-performance of decision of court on reinstatement in work, as well as other violation of the labor legislation of the Republic of Kazakhstan, entailed infliction of substantial harm to the rights and legal interests of the citizen, –

shall be punished by community services for a term of up to one hundred sixty hours or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to one year or without it.

2. Unwarranted refusal in conclusion of labor agreement with woman or unwarranted termination with her a labor agreement on grounds of her pregnancy, or unwarranted refusal in conclusion of labor agreement, or unwarranted termination of labor agreement with woman with children up to three years, on these grounds, as well as unwarranted refusal in conclusion of labor agreement or unwarranted termination of labor agreement with disabled person on the grounds of disability or the minor on grounds of his (her) minority –

shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to one year or without it.

3. Repeated delay of payment of salary in full volume and in the established terms in connection with use of money for other purposes by person, exercising management functions –

shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to three years or without it.

CRIMINAL CODE, AS AMENDED IN 2019 (PDF)