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THE LAW N 164-2

OF THE REPUBLIC OF KAZAKHSTAN

On introduction of amendments and supplements to some legislative acts of the Republic of Kazakhstan on migration issues

March 16, 2001

Amendments and supplments should be introduced to the following legislative acts of the Republic of Kazakhstan:

1. To the Law of the Republic of Kazakhstan as of April 17, 1995 “On licensing” (references to legislative acts).

the Article 15 should be supplemented with the part of the following contents:

“Licenses on execution of the activity, on attraction of foreign labor force are issued taking into consideration the quote, established by the Government of the Republic of Kazakhstan on the attraction of foreign citizens, hired by the employer outside the Republic of Kazakhstan, for employment on the territory of the Republic of Kazakhstan on the whole or by profession groups.”

2. To the Decree of the President of the Republic of Kazakhstan, having the force of law as of June 19, 1995 N 2337 “On legal status of foreign citizens in the Republic of Kazakhstan” (references to legislative acts):

part one of the article 4 should be stated in the following edition:

“Permanently residing in the Republic of Kazakhstan are considered foreign citizens and stateless persons, having obtained the authorization and residence permit of foreign citizen in the President of the Republic of Kazakhstan or identity card of the stateless person, issued by the bodies of internal affairs.”

Article 6:

the sentence of the following contents should be added to the part one:

“With the aim of securing realization of the constitutional right of the citizens of the Republic of Kazakhstan on freedom of labor, limitations on execution of labor activity by the foreign citizens in the Republic of Kazakhstan could be established by the legislative acts.”;

In the part three after the words “foreign citizens” the words “, permanently residing in the Republic of Kazakhstan,” should be added;

Article 10:

The sentence of the following contents should be added to the part one of the Article:

“With the aim of securing realization of the constitutional right of the citizens of the Republic of Kazakhstan on education obtaining, limitations on foreign citizens getting free higher education in the Republic of Kazakhstan could be established by the legislative acts.”;

from the part two the words “, as well as on the contracts and agreements, concluded with the educational establishments” should be excluded;

Article 28:

Clause of the following contents should be added to the Article:

“g) In case if marriage is declared invalid in accordance with the procedure, established by the legislative acts, if a marriage to the Kazakhstani citizen was the reason of granting of permanent residency of the Republic of Kazakhstan.

Part two should be added with the sentence of the following contents:

“they will be kept in special establishments of the bodies’ of internal affairs.”.

3. Criminal code of the Republic of Kazakhstan as of July 16, 1997 (references to legislative acts):

should be added with the article 330-1of the following contents:

“Article 330-1. Failure to carry out decision on expulsion

Foreign citizens’ or stateless persons’ failure to carry out decisions on expulsion outside the borders of the Republic of Kazakhstan, taken with respect to them  – are punished by the penalty in the amount from one hundred to five hundred monthly calculated indexes or in the amount of the salary or other income of the condemned for the period from two to five months, arrested for the term up to six months or deprived of liberty for the term up to one year.”.

President

of the Republic of Kazakhstan