ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 31, 2018 No. 69

About questions of accreditation in the Kyrgyz Republic of representative offices of the foreign organizations for the international adoption

For the purpose of streamlining of the procedure of accreditation in the Kyrgyz Republic of representative offices of the foreign organizations for the international adoption, according to the Code of the Kyrgyz Republic about children, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for accreditation in the Kyrgyz Republic of representative offices of the foreign organizations for the international adoption according to appendix.

2. Declare invalid the order of the Government of the Kyrgyz Republic "About procedure for accreditation of the foreign organizations for implementation in the territory of the Kyrgyz Republic of interstate adoption (adoption) of children - citizens of the Kyrgyz Republic" of December 6, 2013 No. 660.

3. To impose control of execution of this resolution on department of social development of Government office of the Kyrgyz Republic.

4. This resolution becomes effective after ten days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of January 31, 2018 No. 69

Regulations on procedure for accreditation in the Kyrgyz Republic of representative offices of the foreign organizations for the international adoption

1. General provisions

1. This Regulations on procedure for accreditation of representative offices of the foreign organizations in the Kyrgyz Republic for the international adoption are developed according to the Convention on the protection of children and cooperation concerning the international adoption accepted in the Hague on May 29, 1993 ratified by the Law of the Kyrgyz Republic of August 10, 2012 No. 166 (further - the Hague Convention), the Code of the Kyrgyz Republic about children and regulate procedure for accreditation in the Kyrgyz Republic of representative offices of the foreign organizations for the international adoption.

2. The basic concepts used in this Provision:

authorized body - the state body authorized by the Government of the Kyrgyz Republic on implementation of accreditation of representative offices of the accredited foreign organizations in the Kyrgyz Republic for the international adoption;

the certificate on accreditation - the official document of authorized body issued to Representative offices of the accredited foreign organizations in the Kyrgyz Republic on implementation of activities for the international adoption in the territory of the Kyrgyz Republic;

the foreign organizations - the non-profit organizations authorized in the territory of foreign state on implementation of activities for the international adoption and accredited according to the Hague Convention;

representative office of the accredited foreign organization in the Kyrgyz Republic - the representation registered according to the legislation of the Kyrgyz Republic in judicial authorities of the Kyrgyz Republic (further - Representation).

3. The main objectives of accreditation are:

- ensuring compliance with the requirement of the legislation of the Kyrgyz Republic by Representations about the international adoption;

- establishment of single requirements for Representations;

- establishment of general rules of accreditation;

- ensuring control of living conditions and education of children in families of adoptive parents in the territory of host states.

4. Accreditation is based on the following principles:

- availability of information on procedures and accreditation criterions;

- transparency of carrying out accreditation;

- non-admission of discrimination when carrying out accreditation;

- unity and integrity of accreditation system.

5. The head of Representation is the citizen of the Kyrgyz Republic.

The head of Representation has no right to enter in labor (termless, urgent, in combination) and civil legal relationship with workers and officials of child care facilities of residential type irrespective of patterns of ownership.

Employees of teaching and educational, medical institutions, organizations of social protection of the population and other similar organizations for orphan children and children without parental support, the officials and employees of bodies and organizations of the Kyrgyz Republic who are carrying out work on adoption of children, their spouse and close relatives of both spouses cannot be the staff of Representation.

6. Representations will be accredited for a period of 3 years.

7. The authorized body performs coordination, monitoring and control of activities of accredited Representations.

2. Procedure for accreditation of Representation

8. The authorized body posts the announcement of reception of applications of accreditation of Representations on the official site.

9. For passing of the procedure of accreditation the head of Representation files the following documents to authorized body:

1) the statement in the state or official language;

2) copies of constituent documents of Representation;

3) the information about the head of Representation (the passport copy, the summary, the reference from the residence and the certificate of lack of criminal record);

4) copies of constituent documents of the accredited foreign organization performing activities for the international adoption in the territory of foreign state at least 10 years at the time of filing of application about accreditation of Representation;

5) the copy of the certificate on accreditation of the foreign organization issued by authorized body of foreign state;

6) the copy of the license granted by competent state body of foreign state for provision of service in question of the international adoption;

7) the list of the services provided by the accredited foreign organization with indication of their cost;

8) commitment letter of the accredited foreign organization:

- about statement of the adopted children on consular accounting in diplomatic representation (embassy) or consular establishment of the Kyrgyz Republic;

- about the submission to authorized body of the report on living conditions and education of the adopted child according to the procedure established by the Government of the Kyrgyz Republic.

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