Kazakhstan

Last updated on: 9 May 2012

Criminalisation of HIV transmission/exposure

Kazakhstan
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

Article 116 of Kazakhstan Republic criminal legislation

Key wording in the law: 

Article 116 of Kazakh criminal legislation talks of "putting person under the danger of HIV infection"

Survey respondents/Organisations working on HIV and the Law: 

Survey respondents Equal to Equal Organizations working on HIV and the Law

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

Information on Kazakhstan’s mandatory HIV testing laws and practices around residency and issuance of work permits are unclear.

As reported by the German Embassy in Kazakstan: ”We lack precise information about HIV-testing requirements. To our knowledge, a certificate is only needed for long term stays. The authorities seem to insist that tests are performed in the country. Certificates from abroad are often not recognised.” (13 Dec 2007) 

Some HIV/AIDS restrictions exist for foreign residents of Kazakhstan. Visitors applying for a work or residency permit, required for U.S. citizens who wish to spend more than 6 months in Kazakhstan, must submit negative HIV test results with their application to the Migration Police in the city where they intend to work or reside. The results must be less than three months old. The city HIV clinic in the place of registration can conduct the test or may certify test results performed abroad. If the original test results are in a language other than Russian or Kazakh, they must be accompanied by an official translation. If a foreigner tests positive for HIV in Kazakhstan, he or she must depart the country. 

There is no requirement to submit an HIV test result in order to obtain a visa or work permit to/in Kazakhstan. There are no new visa rules and other legislation on migration and HIV/AIDS setting such requirements.

There is some confusion, as many people avoid obtaining a work permit through a complicated procedure. They prefer to apply for a permanent residency permit, in which case a negative HIV-test result is mandatory.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org