SZP Partner Amir Begdesenov Commented at on Mandatory COVID-19 Testing for all Arriving in the Republic of Kazakhstan

On 26 October 2020, SZP Partner Amir Begdesenov together with other lawyers commented at on the Resolution of the Top Sanitary Official on the mandatory COVID-19 testing for all arriving in the country.

Among other things, Amir believes that the Top Sanitary Official has no legal authority to impose such requirement on Kazakhstan citizens and that the aforementioned Resolution, per se, is not a law, i.e. it may not introduce any exceptions to the relevant constitutional provisions.  At the same time, the Code On Public Health and Healthcare System does not require that the citizens of the Republic of Kazakhstan comply with sanitary, epidemic and preventive measures.  Moreover, Amir reckons that the Resolution may not be treated as a healthcare legislative act.

In Amir’s opinion, mandatory testing may be imposed on all Kazakhstan nationals arriving in the Republic of Kazakhstan only when the legislator makes resolutions of the Top Sanitary Official binding on all Kazakhstan citizens.

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