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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2020 No. 260

About modification and amendments in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 28, 2016 No. 85 "About approval of Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan"

I ORDER:

1. Bring in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 28, 2016 No. 85 "About approval of Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 13391, it is published on March 14, 2016 in information system of law of Ad_let), the following changes and amendments:

state preamble in the following edition:

"According to article 30 of the Law of the Republic of Kazakhstan of December 20, 1991 "About nationality of the Republic of Kazakhstan" (further the Law) and Item 1 of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:"

in Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, the loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan approved by the specified order:

state Item 1 in the following edition:

"These rules of acceptance, registration and consideration of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality of the Republic of Kazakhstan in (further - Rules) are developed according to article 30 of the Law of the Republic of Kazakhstan of December 20, 1991 "About nationality of the Republic of Kazakhstan" of December 20, 1991 (further the Law) and Item 1 of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services";

state Item 2 in the following edition:

"2. In these rules the following terms are applied:

constantly living in the Republic of Kazakhstan - the foreigners who got for that permission and the document to the right of permanent residence according to the procedure, determined by the Government of the Republic of Kazakhstan are recognized;

citizens of the former federal republics are citizens of the former Union of Soviet Socialist Republics;

oralmans are ethnic Kazakhs, constantly living at the time of sovereignty acquisition by the Republic of Kazakhstan beyond its limits, and his children of the Kazakh nationality who were born and constantly living after sovereignty acquisition by the Republic of Kazakhstan beyond its limits, arrived (arrived) to the Republic of Kazakhstan for the purpose of permanent residence on the historical homeland and received (received) the corresponding status according to the procedure, established by this Law the rehabilitated victims of mass political repressions - persons recognized in the judicial or established by the law other procedure as the victim of political repressions or the victim of political repressions;

ethnic Kazakhs are the foreigners or persons without citizenship of the Kazakh nationality who are constantly living abroad.";

state Item 3 in the following edition:

"3. Acceptance of petitions (statements) concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan for persons living in the territory of the Republic of Kazakhstan is performed by law-enforcement bodies of the Republic of Kazakhstan at the permanent address of the applicant.

"Registration of acceptance, recovery and getting out of nationality of the Republic of Kazakhstan" is the state service for which receipt the applicant submits the petition to territorial authorities of police at the permanent address.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are provided in the standard of the state service according to appendix 1 to these rules.

Territorial authorities of police provide entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization, according to the subitem 11) of Item 2 of article 5 of the Law of the Republic of Kazakhstan "About the state services" of April 15, 2013.

The decision concerning nationality can be reviewed by the President of the Republic of Kazakhstan.

Claims to decisions on questions of belonging to nationality and losses of nationality move addressed to the President of the Republic of Kazakhstan.

Unreasonable refusal in reception of an application concerning nationality, violation of terms of consideration of the applications, and also other unauthorized actions of officials breaking procedure for hearing of cases about nationality and procedure for execution of decisions concerning nationality can be appealed in the procedure established by the law to the official, higher according to the procedure of subordination, or in court.

The materials which arrived in law-enforcement bodies of the Republic of Kazakhstan concerning nationality are checked for the reason of change of nationality and completeness of biographical data, correctness of writing of surname, name and middle name (in case of its availability) the applicant and members of his family.

In case of detection of incomplete or inexact data in the submitted documents they without delay return to the applicant for introduction of corresponding changes and amendments.

The petition (statement) is deemed accepted to execution from the moment of giving by the applicant of all documents provided by these rules, in questionnaires statements on acceptance and getting out of nationality of the Republic of Kazakhstan the corresponding record which is certified by the signature of the employee who took cognizance of material is put down.

Petitions (statement) concerning acceptance in nationality and recoveries in nationality, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality are subject to logging of accounting of petitions (statements) of physical persons in form according to appendix 1-1 to these rules and consideration.

The certificate of documents acceptance in form according to appendix 2 to these rules is issued to persons which submitted the petition (statement) for acquisition of nationality of the Republic of Kazakhstan or for getting out of nationality according to their requirement. The reference is issued by Department of police (further - DP) only after input of information about person petitioning concerning registration of nationality in the Unified information system "Golden eagle" (further - EIS "Golden eagle") and receipts of results.

In case of issue of references originals of identity documents will be requested persons and the reconciliation with the copies attached in case papers is performed.

Consideration of petitions (statements) concerning acceptance in nationality of the Republic of Kazakhstan and getting out of nationality of the Republic of Kazakhstan is performed from the moment of submission of the petition (statements) within 6 (six) months, in the simplified procedure within 3 (three) months.";

state item 4 in the following edition:

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