of December 17, 1998 No. 321-I ZRK
About scrap and family
This Law establishes and regulates the matrimonial relations in the Republic of Kazakhstan, and also guarantees of their implementation, provides protection of the rights and interests of family, determining its development by the priority direction of the state social policy of the Republic of Kazakhstan.
In this Law the following concepts are used:
1) scrap - the equal union between the man and the woman concluded in case of free and full consent of the parties in the procedure established by the law, for the purpose of creation of family, generating the property and personal non-property relations between spouses;
2) sham marriage - the marriage concluded in the procedure established by the law without intention to establish family and not generating the rights and obligations of spouses;
3) family - the group of people, the connected property and personal non-property rights and obligations following from scrap, relationship, adoption or other form of acceptance of children on education and designed to promote strengthening and development of the family relations;
4) age of consent - age on reaching which person has the right to marry;
5) the childhood - legal condition of persons which did not reach age of majority;
6) the contractual mode of property - the mode of property of the spouses and children born by them in this scrap, established by the marriage agreement;
7) the agreement of surrogacy - the agreement between persons wishing to have the child and the woman who was this the consent to application of method of artificial insemination or implantation of embryo;
8) patronage - education form in case of which children without parental support, are given to education to families of citizens according to the agreement signed by authorized state body and person (the foster tutor) who expressed desire to take the child on education;
9) the alimony - content which one person shall provide to other person having the right to its obtaining;
10) marital status - condition in scrap or divorce, availability or absence of children or other family members;
11) financial position - availability or lack of the salary, pension, other income; their size; property availability; extent of disability; obtaining or non receipt of financial support from other family members;
12) acts of civil status - legally drawn up circumstances which individualize the person and with which origin and the termination of its rights and obligations is connected;
13) close relatives are the parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;
14) the guardian (custodian) - person designated in the procedure established by the law for implementation of functions on guardianship and custody;
15) guardianship (guardianship) - legal form of protection of the rights and interests of the minors and persons recognized by court incapacitated (it is limited by capable);
16) reproductive health - the health of the person reflecting its capability to reproduction of full-fledged posterity;
17) surrogacy - conception, incubation and the child's birth under the contract between substitute mother and potential parents;
18) guardianship and custody body - local executive body of the city of republican value, the capital, area (city of regional value).
1. Scrap and family, motherhood, paternity and the childhood are under protection of the state.
2. The matrimonial legislation of the Republic of Kazakhstan is based on the principles:
1) voluntariness of the marriage union of the man and woman;
2) equal rights of spouses in family;
3) inadmissibility of any intervention someone in cases of family;
4) permissions of intra family questions by mutual consent;
5) priority of family education of children, care of their development and welfare;
6) priority protection of the rights and interests of minor and disabled family members;
7) ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights:
8) stimulations of healthy lifestyle of all family members.
3. The scrap concluded only in state bodies of civil registration is recognized.
4. Any forms of restriction of the rights of citizens in case of marriage are prohibited and in the family relations on signs of social, racial, national, language or religious affiliation.
The rights of citizens in the matrimonial relations can be limited only based on the law and only in that measure in what it is necessary for the purpose of protection of health, morality, the rights and legitimate interests of family members and other citizens.
Matrimonial legislation:
1) establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid;
2) regulates the civil laws and obligations, the personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in cases and in the limits provided by the matrimonial legislation between other relatives and other persons;
3) determines forms and procedure for the device in seven children without parental support;
4) is regulated by order of registration of acts of civil status and rendering paid services according to the procedure, established by the legislation.
The legislation of the Republic of Kazakhstan on scrap and family is based on the Constitution of the Republic of Kazakhstan, consists of this Law, other regulatory legal acts of the Republic of Kazakhstan containing regulations of law of domestic relations.
1. The civil legislation as it does not contradict being of the matrimonial relations is applied to the property and personal non-property relations between family members called in article 3 of this Law not settled by the matrimonial legislation (article 4 of this Law).
2. In cases when the relations, the stipulated in Article 3 presents of the Law, are not settled by the legislation or the agreement of the parties and there are no customs applied to them, to such relations as it does not contradict their being, the regulations of the matrimonial and (or) civil legislation governing the similar relations (analogy of the law) are applied. In case of impossibility of use in the specified cases of analogy of the law of the right and obligation of subjects of the matrimonial relations are determined, proceeding from the general beginnings and sense of the matrimonial or civil legislation (analogy is right) and requirements of conscientiousness, rationality and justice.
1. Citizens at discretion dispose of the rights belonging to them following from the matrimonial relations including right of defense of these rights if other is not established by legal acts.
Implementation of the matrimonial rights and fulfillment of duties shall not violate the rights, freedoms and legitimate interests of other family members and other persons of law.
2. The matrimonial rights are protected by the law, except as specified, of these rights contradicting appointment.
Protection of the matrimonial rights is performed by court on civil procedure rules, and in the cases provided by this Law, state bodies or guardianship and custody bodies according to the procedure, provided by the relevant articles of this Law.
1. Limitation period does not extend to the requirements following from the matrimonial relations, except as specified, when term for protection of the violated right is established by this Law.
2. In case of application of the regulations establishing limitation period, the court is guided by rules of Articles 177, of 179, of 180, 182 - 185 of the Civil code of the Republic of Kazakhstan (General part).
1. Are necessary for marriage mutual voluntary consent of the man and woman, marrying, and achievement of age of consent by them.
2. It cannot be got married in the presence of the circumstances specified in article 11 of this Law.
1. The age of consent is established for men and women in eighteen years.
2. In the presence of reasonable excuses bodies of civil registration in the place of state registration of marriage can reduce age of consent for the term of no more than two years.
3. The petition for decrease in age of consent can be initiated by persons interested to marry either their parents, or guardians (custodians) with indication of the reasons causing the necessity of decrease in the established age of consent.
4. In all cases decrease in age of consent is allowed only with the consent of marrying.
5. Scrap between persons which did not reach age of consent is allowed only with the consent of parents or guardians.
Marriage is not allowed between:
1) persons of whom at least one face already consists in other registered scrap;
2) direct relatives on the ascending and descending line (parents and children, the grandfather, the grandmother and grandsons), the full and not full brothers and sisters having general the father or mother;
3) adoptive parents (adopters) and adopted (adopted);
4) persons from whom at least one face is recognized by court incapacitated owing to mental disease or weak-mindedness.
1. Consultation and inspection on medical, and also on medico-genetic questions and questions of protection of reproductive health of persons interested to marry are carried out by specialized agencies of health care and only from mutual assent of persons marrying.
2. Results of the inspection marrying are medical secret and can be told person with whom it intends to get married, only with the consent of past inspection.
1. Scrap consists in state bodies of civil registration at personal presence of persons marrying.
In exceptional cases, when one of persons wishing to marry cannot be in body of civil registration, can be got married in the location of such person.
The representation in case of marriage is not allowed.
2. Marriage is made after monthly term from the date of giving by persons interested to marry statements in bodies of civil registration.
In the presence of reasonable excuses the body of civil registration in the place of state registration of marriage can resolve marriage before the expiration of month, and also increase this term, but no more than for month.
In the presence of special circumstances (pregnancy, the birth of the child, direct threat of life of one of the parties and other special circumstances) it can be got married in day of filing of application.
3. State registration of marriage is made according to the procedure, established for state registration of acts of civil status.
4. The refusal of bodies of civil registration in registration of scrap can be appealed in court by persons wishing to marry or one of them.
1. Scrap stops owing to death or the announcement court of one of spouses the dead or is unknown absent.
2. In case of appearance of the spouse announced by court the dead or recognized by court it is unknown absent, and cancellations of the corresponding judgments scrap can be recovered by body of civil registration according to the joint statement of spouses.
3. Scrap cannot be recovered if other spouse entered new scrap.
This rule is not applied if at the time of marriage the parties (or one of the parties) knew that the spouse recognized as the dead or it is unknown absent, is in live.
1. Scrap can be stopped by its termination according to the statement of one or both spouses, and also according to the statement of the guardian of the spouse recognized by court incapacitated.
2. Annulment of marriage without the consent of the wife is impossible during her pregnancy and within the first year of life of the child.
1. Annulment of marriage in bodies of civil registration is made in case of mutual consent on annulment of marriage of the spouses who do not have general minor children and lack of property and other claims to each other.
2. Irrespective of availability at spouses of general minor children marriage is dissolved in bodies of civil registration according to the statement of one of spouses if other spouse:
1) it is recognized as court it is unknown absent;
2) it is recognized as court incapacitated;
3) it is condemned for crime execution to imprisonment for the term of at least three years.
3. State registration of annulment of marriage is made by body of civil registration according to the procedure, established for state registration of acts of civil status.
The disputes arising between spouses in case of annulment of marriage in bodies of civil registration are considered judicially.
Annulment of marriage judicially is made in cases:
1) availability at spouses of general minor children, except as specified, stipulated in Item 2 articles 16 of this Law;
2) in the absence of the consent of one of spouses to annulment of marriage;
3) if one of spouses, despite the absence of at him objections, the actions or failure to act evades from annulment of marriage;
4) availability of property claims of spouses to each other.
1. Annulment of marriage judicially is made if by court it is determined that further joint life of spouses and preserving family it is impossible.
2. In the absence of the consent of one of spouses to annulment of marriage the court has the right to take measures to conciliation of spouses and to postpone case trial, having appointed spouses term for conciliation within three months.
Annulment of marriage is made if measures for conciliation of spouses were ineffectual and spouses (one of them) insist on annulment of marriage.
1. In the presence of mutual consent on annulment of marriage of the spouses having general minor children, and also the spouses specified in subitem 3 of article 18 of this law, court dissolves marriage without clarification of motives of divorce.
2. Annulment of marriage judicially is made not earlier than the expiration of month from the date of submission of the declaration of avoidance of scrap by spouses.
3. In exceptional cases the fixed term, less specified in Item 2 of this Article can be court.
1. In case of annulment of marriage judicially spouses can submit for consideration of court the agreement on that with which of them minor children, about payment procedure of funds for content of children and (or) the disabled needing spouse, about the sizes of these means or about the Section of common property of spouses will live.
2. If there is no agreement between spouses on the questions specified in Item 1 of this Article and also if it is determined that this agreement violates the interests of children or one of spouses, the court shall:
To determine 1) with which of parents minor children after annulment of marriage will live;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid according to the Code of the Republic of Kazakhstan of 26.12.2011 No. 518-IV ZRK