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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2012 No. 382

About approval of Rules of implementation of functions of the state on guardianship and custody

(The last edition from 24-10-2016)

According to Item 3 of article 120 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of functions of the state on guardianship and custody.

2. This resolution becomes effective from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 382

Rules of implementation of functions of the state on guardianship and custody

1. General provisions

1. These rules of implementation of functions of the state on guardianship and custody are developed according to the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" and determine procedure of functions of the state by guardianship and custody concerning minor and full age through local executive bodies.

2. Functions of the state on guardianship and custody are one of the directions of state policy which purpose is protection of the property and personal non-property rights of the citizens needing special forms of protection of the rights and interests.

3. Functions of the state on guardianship and custody are performed for the purpose of protection of the rights and interests of minors, including the orphan children and children without parental support who are needing adoption, transfer to foster home, establishment over them of guardianship or custody, patronage, and the orphan children, children without parental support who are under guardianship or custody, on patronage, and also brought up in the organizations for orphan children and children without parental support.

4. Guardianship or custody is established also for protection of the property and personal non-property rights and interests incapacitated or restrictedly capable full age persons.

2. Procedure of functions of the state on guardianship and custody

5. Coordination of activities and the organization of interaction of state bodies and the organizations for guardianship and custody over minors are performed by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, and concerning full age - through authorized bodies of social protection of the population.

6. Local executive bodies of areas, cities of regional, republican value, the capital perform functions of the state on guardianship and custody concerning minors through authorized bodies of education and health care, concerning full age - through authorized bodies of social protection of the population (further - body).

7. The body in the procedure established by the legislation provides protection of the rights and interests of children through:

1) participation in court by hearing of cases, connected with deprivation or restriction of the parent rights, recovery in the parent rights, cancellation or recognition invalid adoptions, recognition got married with the minor, invalid, restrictions or deprivations of the right of the minor to dispose independently of money, and also another matters according to the Code of the Republic of Kazakhstan "About scrap (matrimony) and family";

2) solution of questions of assignment or change of surname, name of minors in cases, stipulated by the legislation Republic of Kazakhstan;

3) initiation of claims for deprivation or restriction of parents or one of them of the parent rights, about cancellation of adoption or about adoption recognition invalid if the adoptive father carries out in an inadequate way the obligations on education of the child and care of it, restriction or deprivation of the right of the minor to dispose independently of money, and also in cases, stipulated by the legislation the Republic of Kazakhstan when it is required by interests of the child;

4) issue of permissions to appointment to the child to the parents deprived or limited in the parent rights if it does not exert negative impact on the child;

5) implementation of immediate confiscation of the child from parents or from other persons on whose care he is, in case of direct threat of life of the child or to his health based on the act of local executive body of the area, the city of regional, republican value, the capital, before decision making of court;

6) representation of legitimate interests of orphan children and children without parental support and being under guardianship or custody, on foster education, transferred to foster home, and also in the organizations for orphan children and children without parental support, in the relations with any persons (including in courts) if actions of guardians or custodians, foster tutors for representation of legitimate interests of wards contradict the legislation of the Republic of Kazakhstan or interests of wards or if guardians or custodians do not perform protection of legitimate interests of wards;

7) the organization of work on identification of the orphan children and children without parental support, children who are in difficult life situation;

8) permission of disagreements between parents on the questions concerning education and education of children;

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