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

of September 1, 2020 No. 607

About approval of the Rule by determination of legal status of the persons which are in the territory of the Republic of Kazakhstan, who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state

According to the subitem 25) article 11 of the Law of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules by determination of legal status of the persons which are in the territory of the Republic of Kazakhstan, who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state;

2. To provide to committee of migratory service of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan and the Committee of migratory service (Kabdenov M. T.) Ministries of Internal Affairs of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Internal Affairs of the Republic of Kazakhstan

E.Turgumbayev

Appendix

to the Order Minister of Internal Affairs of the Republic of Kazakhstan of September 1, 2020 No. 607

Rules by determination of legal status of the persons which are in the territory of the Republic of Kazakhstan, who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state

Chapter 1. General provisions

1. These rules by determination of legal status of the persons which are in the territory of the Republic of Kazakhstan, who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state (further – Rules) are developed according to the subitem 25) of article 11 of the Law of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies of the Republic of Kazakhstan".

2. Persons, being in the territory of the Republic of Kazakhstan, not being citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state are recognized stateless persons.

Chapter 2. Procedure for provision of the status of the stateless person

3. The basis for assignment of the status of the stateless person, is the statement of person addressed to the first head of Department of police of areas, cities of republican value and the capital (further – DP) at the permanent address.

4. The following documents are enclosed to the application:

1) the statement questionnaire, in form according to appendix 1 to this to Rules;

2) autobiography;

3) of two photos in size 3,5 x 4,5 see.

Persons living without identity documents or according to the passport of sample of 1974 (the former Union of Soviet Socialist Republics) in addition provide the document confirming their accommodation in the territory of the Republic of Kazakhstan (the book of registration of citizens, apartment card, the house register (in case of their availability); the archival reference statement from the pokhozyaystvenny book, the diploma, the certificate, the military ID, the reference from educational institution, the service record, the certificate of birth or other document identifying the identity of the applicant, and if necessary the written confirmation of three witnesses about the fact of residence of the applicant in the Republic of Kazakhstan).

Persons having permanent registration for the territories of the Republic of Kazakhstan which drew up getting out of nationality of the Republic of Kazakhstan, or of nationality of foreign state in addition provide the document confirming absence or the termination of nationality of other state, issued by competent authority of the relevant state.

Persons which do not have permanent registration for the territories of the Republic of Kazakhstan, at the same time, at least five years living in the country in addition provide the document confirming absence or the termination of nationality of other state, issued by competent authority of the relevant state.

Persons exempted from places of detention in addition represent the certificate of release from places of detention.

Concerning the investigative arrested persons the petition of investigation department of DP joins.

Concerning persons serving sentence in places of detention the petition of organization of criminal executive system where the applicant and the court verdict contains is required.

5. Materials are taken cognizance by provision by the applicant of complete packet of necessary documents, consideration term up to 45 (forty five) calendar days.

6. After documents acceptance the authorized employee of police agencies within 7 (seven) calendar days:

creates materials in separate accounting case with the term of permanent storage;

performs check on authenticity of issue of documents, the confirmatory fact of accommodation in the territory of the Republic of Kazakhstan;

performs check on accounting of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan;

concerning persons living in the territory of the Republic of Kazakhstan without identity documents for confirmation of the personality constitutes the protocol of identification of the identity of the citizen in form, according to appendix 2 to these rules (further - the protocol of identification).

The protocol of identification is constituted according to the photo of the applicant, with presentation along with photos of other persons, in number of at least three people, with involvement of the close relatives or persons knowing the applicant at least 10 years;

concerning persons which lost the passport of the USSR of sample of 1974 to body of issue of the document sends inquiry by form according to appendix of 3 these rules, for reclamation of the copy of form-1;

7. In case of impossibility of consideration of the petition due to the lack of the answer from competent authorities of foreign state, consideration stops for up to six months about what, to the applicant the notification goes.

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