Kazakhstan: Presidential Decree, 15 July 1996, On the Procedure of Granting Political Asylum to the Foreign Citizens and Stateless Persons in the Republic of Kazakhstan (not in force)

In accordance with the item 14) of the article 44 of the Constitution of the Republic of Kazakstan IS ENACTED THE FOLLOWING:

1.         To approve the Regulations on the Procedure of Granting Political Asylum to the Foreign Citizens and Stateless Persons in the Republic of Kazakstan (attached).

2.         The Government of the Republic of Kazakstan is authorized:

1) to carry out financing of theaccommodation expenditures of the persons, who received political asylum in the Republic of Kazakstan, at the expense of State Fund of Employment Promotion of the Republic of Kazakstan stipulated on resettlement measures;

2) in two months' period:

- to work out and approve a sample of the certificate on granting political asylum to the foreign citizens and stateless persons in the Republic of Kazakstan;

- to ensure financing of manufacturing of the specified sample;

- to ensure revision of its normative acts and acts of the central executive bodies in accordance with the present Decree.

3.         The present Decree comes into force from the date of signing.

President of the Republic of KazakstanN.Nazarbaev
Almaty, July 15, 1996

REGULATIONS on procedure of granting political asylum to the foreign citizens and stateless persons in the Republic of Kazakstan (ENDORSED by the Decree of the President of the Republic of Kazakstan from July 15, 1996)

I. General Provisions

1. Political asylum in the Republic of Kazakstan is granted to the foreign citizens and stateless persons (hereinafter - persons) on the basis of generally accepted principles of international law, in accordance with the Constitution of the Republic of Kazakstan, legislation of the Republic of Kazakstan and present Regulations.

2. The Republic of Kazakstan grants political asylum to the persons and members of their families, seeking asylum and protection against persecution or real threat to become a victim of persecution in the country of their nationality and/or of residing on the account of public and political activity, race or nationality, religion, and also in case of infringement of the human rights, stipulated byinternational law.

3. The decision on granting political asylum or rejection in granting political asylum in the Republic of Kazakstan is to be taken by the President of the Republic of Kazakstan.

4. Political asylum in the Republic of Kazakstan is not granted if the person:

1) is persecuted for activity (or inactivity), recognized as a crime by the legislation of the Republic of Kazakstan, or committed actionscontradicting to the purposes and principles of the United Nations;

2) is condemned for a crime, or a pronounced sentence upon him has entered into force on the territory of the Republic of Kazakstan;

3) resided in a third country, where he/she was not persecuted;

4) presented the obviously false information;

5) has the nationality of a third country, where he/she is not persecuted.

II. Procedure of application and consideration of the petitions on granting political asylum to the foreign citizens and stateless persons in the Republic of Kazakstan

5. The person, who is on the territory the Republics of Kazakstan and desires to receive political asylum, should personally appeal to Department of Migration under Ministry of Labor of the Republic of Kazakstan (further - Department of Migration) with the written petition addressed to the President of the Republic of Kazakstan.

The person, who is outside the Republic of Kazakstan, submits such a petition via diplomatic representation or consular establishment of the Republic of Kazakstan.

The written approval for granting political asylum by the children under 14 years old is not required.

Until the final decision on granting political asylum is taken, the applicant should appear not less than twice a month in Department of Migration, either in diplomatic representation, or consular establishment of the Republic of Kazakstan in the place of residing. In case of noncomplying with this requirement, the Department of Migration, either diplomatic representation, or the consular establishment suspends proceedings until the moment when the facts would be found out.

In the petition in the name of the President of the Republic of Kazakstan on granting political asylum in the Republic of Kazakstan one should set up the compelling reasons in accordance with the paragraph 2 of the present Regulations.

The autobiography (curriculum vitae), photos, health certificateincluding testing on acquired immune deficiency syndrome (AIDS), and other related documents are attached to the petition.

6. Diplomatic representation or the consular establishment of the Republic of Kazakstan directs materials to the Department of Migration (with compulsory translation in state language or language which is officially used in the Republic of Kazakstan).

7. The Department of Migration requests the expertise on expediency of granting political asylum to the applicant in the Republic of Kazakstan from Ministry of Foreign Affairs, Ministry of Interior and Committee for National Security of the Republic of Kazakstan.

8. The Department of Migration directs to the Department of Citizenship of the Administration of the President of the Republic of Kazakstan the finalized materials (with compulsory translation into state language or language which is officially used in the Republic of Kazakstan) together with the reasonable conclusion concerning wage-earning employment, accommodation and adaptation.

9. The period for consideration of materials related to a petition on granting political asylum should not exceed three months from the date of registration of the application.

10. Department of Citizenship of the Administration of the President of the Republic of Kazakstan directs materials with its conclusion about expediency of granting political asylum in the Republic of Kazakstan or rejection of granting political asylum to the Commission on Citizenship.

11. The Commission on Citizenship under the President of the Republic of Kazakstan examines the petitions and related materials and submits its proposals on each petition to the President of the Republic of Kazakstan.

III. Procedure of observance of the Decrees of the President of the Republic of Kazakstan on granting political asylum in the Republic of Kazakstan

12. Granting of the political asylum comes true by the Decree of the President of the Republic of Kazakstan.

13. The Decree of the President of the Republic of Kazakstan on granting political asylum is directed for performance to the Ministry of Foreign Affairs, Ministry of Interior and Department of Migration.

14. Department of Migration, either diplomatic representation, or the consular establishment notifies the applicant for political asylum in the Republic of Kazakstan on the decision taken.

15. The person and members of his/her family, who are more than 16 years old, who received political asylum in the Republic of Kazakstan, are given out the appropriate certificate.

The certificate on granting political asylum is issued by the Department of Migration.

16. Departments and divisions of Interior in provinces, cities, cities of republican status and capital of the Republic, rural and urban districts issue residence permit to the persons, specified in paragraph 15 of the present Regulations, on the basis of the certificate on granting political asylum in the Republic of Kazakstan.

17. The person, who is granted political asylum in the Republic of Kazakstan, ceases the right for political asylum in the following cases:

1) voluntary refusal from political asylum in the Republic of Kazakstan;

2) acquisition of the citizenship of the Republic of Kazakstan or citizenship of other country;

3) voluntary repatriation to the country of his/her nationality or departure for permanent residing in a third country;

4) cessation of the compelling reasons stated by paragraph 2 of the present Regulations.

The cessation of the rights for political asylum is registered by the Department of Migration with the subsequent note on it to the Department of Citizenship of the Administration of the President of the Republic of Kazakstan and bodies of Interior.

18. The person can be deprived of political asylum in the Republic of Kazakstan by the President of the Republic of Kazakstan in case of activitycontrary to interests of national security of the Republic of Kazakstan, purposes and principles of the United Nations, or if the person has committed a deliberate crime and a pronounced sentence upon him has entered into force.

IV. Legal status of the persons granted political asylum in the Republic of Kazakstan and members of their families

19. The person and the members of his/her family, who received political asylum have the rights and freedom, and also bear duties, stipulated by the Constitution of the Republic of Kazakstan and the legislation of the Republic of Kazakstan related to legal status of the foreign citizens and the stateless persons.