of December 26, 2011 No. 518-IV ZRK
About scrap (matrimony) and family
This Code determines the purposes, tasks, the principles and the legal basis of regulation of the matrimonial (matrimonial and family) relations, 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.
General part
1. In this Code the following basic concepts are used:
1) acts of civil status - legally drawn up circumstances which individualize the person and with which origin, availability and the termination of its rights and obligations is connected;
2) body of civil registration (further - registering body) - the Government for Citizens State corporation performing state registration of acts of civil status and other types of the state services connected with state registration of acts of civil status;
2-1) information system of acts of civil status - the information system intended for state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status, which is also containing the data constituting personal data of physical persons;
3) accreditation - official recognition by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan of the right of the agencies on adoption and the organizations for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan to perform the activities;
4) the alimony - monetary or material pay which one person shall provide to other person having the right to its obtaining;
5) child(children), without parental support (parent), - child(children) who lost care of the only thing or both parents in connection with restriction or deprivation of their parent rights, recognition it is unknown absent, the announcement the dead, recognition by incapacitated or it is limited capable, serving sentence in places of detention, by evasion from education of the child or protection of its rights and interests, including with refusal to take the child from the educational or medical organization, and also in other cases of lack of parent care and needing ensuring necessary protection of its rights and interests provided by the laws of the Republic of Kazakhstan;
6) the negative child (negative children) - the child, parents (parent) of which refused his further education, training, material security by execution of the relevant legal documents;
7) paternity proof - establishment by registering body or judicially paternity concerning the child of person who is not married (matrimony) to the child's mother;
8) child(children) - person who did not reach eighteen-year age (age of majority);
9) adoption (adoption) - legal form of transfer of child(children) on education in family based on the judgment from which the personal non-property and property rights and obligations equated to the rights and obligations of relatives by origin result;
10) agencies on adoption (adoption) - the non-profit, foreign organizations performing activities for adoption (adoption) of children in the territory of the state and accredited for implementation of similar activities in the territory of the Republic of Kazakhstan according to the procedure, established by this Code;
10-1) guest family - the family which temporarily accepted on education of orphan children, the children without parental support who are in the organizations of all types (educational, medical and others), during the periods which are not connected with educational process (vacation, days off and holidays);
11) the childhood - legal condition of persons which did not reach age of majority;
11-1) foster home - device form in the family which accepted on education at least four and no more than ten orphan children, the children without parental support who are in the organizations of education for orphan children, children without parental support;
12) legal representatives of the child are parents (parent), adoptive parents (adopters), the guardian or the custodian, the adoptive parent (adoptive parents), the foster tutor and other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan;
13) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;
14) sham marriage (matrimony) - the scrap (matrimony) concluded in the procedure established by the law of the Republic of Kazakhstan without intention of spouses or one of them to establish family;
15) the identity document, - material object of the established sample with the information on personal data of physical person fixed on it allowing to identify the personality and legal status of its owner for the purpose of identification of the personality.
To identity documents, the documents specified in Item 1 of article 6 of the Law of the Republic of Kazakhstan "About identity documents" belong;
To identity documents, the identity certificate of the citizen of the Republic of Kazakhstan, the national passport, the certificate of the stateless person, the residence permit of the foreigner in the Republic of Kazakhstan belong;
16) property - the attitude of one of spouses towards close relatives of other spouse;
17) the orphan child (orphan children) - child(children) at whom both died or the single parent;
17-1) organization for rendering assistance in the device of orphan children, children without parental support, in families of citizens of the Republic of Kazakhstan - the non-profit organization performing on a grant basis in the territory of the Republic of Kazakhstan assistance in the device of orphan children, children without parental support, on education in families according to the competence established by this Code, to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, the person interested to accept and accepted children on education, and accredited for implementation of similar activities according to the procedure, established by this Code;
17-2) Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank), - the database containing the information about orphan children, children without parental support, and also about persons wishing to accept orphan children, children without parental support on education in the families;
17-3) large family - the family incorporating four and more jointly the living minor children, including children who are studying full-time according to general education or professional programs in the organizations of general secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age);
18) authorized body in the field of protection of the rights of children of the Republic of Kazakhstan - the central executive body determined by the Government of the Republic of Kazakhstan;
19) guardianship - legal form of protection of the rights and interests of child(children) aged from fourteen up to eighteen years, and also the full age persons limited to court in capacity to act owing to abuse of gamblings, bet, alcoholic drinks or drugs;
20)
No. 240-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 01.04.2019;21) guardianship - legal form of protection of the rights and interests of the children who did not reach fourteen years, and persons recognized by court incapacitated;
22) the guardian or the custodian - person designated in the procedure established by the law of the Republic of Kazakhstan for implementation of functions on guardianship or custody;
23) supplementary reproductive methods and technologies - complex of the medical actions for diagnostics, treatment and rehabilitation directed to correction of reproductive activities of citizens;
24) financial position - availability or lack of the salary, pension, other income; their size; property availability; obtaining or non receipt of financial support from other family members;
25) the contractual mode of property - the mode of property of spouses set by the marriage agreement;
26) scrap (matrimony) - 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 of the Republic of Kazakhstan, for the purpose of creation of family, generating the property and personal non-property rights and obligations between spouses;
27) marriage (matrimonial) age - the age established by this Code on reaching which person has the right to marry (matrimony);
28) mother who is not married (matrimony) - the woman who gave birth to child(children), but not married (matrimony) registered in registering bodies;
29) family - the group of people, the connected property and personal non-property rights and obligations following from scrap (matrimony), relationship, property, adoption (adoption) or other form of acceptance of children on education and designed to promote strengthening and development of the family relations;
30) marital status - condition or not condition in scrap (matrimony) or annulment of marriage (matrimonies), widowhood, availability or absence of children or other family members;
30-1) child(children) needing special social services - child(children) whose activity is broken as a result of the developed circumstances, stipulated by the legislation the Republic of Kazakhstan about social protection and who cannot overcome these circumstances independently or by means of family;
31) patronage - education form in case of which orphan children, children without parental support (parent), are given to foster education to families under the contract signed by the body performing functions on guardianship or custody and person which expressed desire to take child(children) on education;
32) reproductive health - the health of the person reflecting its capability to reproduction of full-fledged posterity;
33) substitute mother - the woman who is bearing fruit after application of supplementary reproductive methods and technologies and giving birth to child(children) for customers according to the agreement of surrogacy;
34) surrogacy - incubation and child(children) birth, including cases of premature birth, under the contract between substitute mother and spouses with remuneration payment;
35) the agreement of surrogacy - notarially certified written agreement between persons who are married (matrimony) and persons interested to have the child, and the woman who was this the consent to incubation and the child's birth by application of supplementary reproductive methods and technologies;
36) relatives - the persons who are in family relation, having general ancestors to the great-grandfather and the great-grandmother.
2. The concepts "adoption (adoption)" and "adoption", "adoptive parents (adopters)" and "adoptive parents", "adopted (adopted)" and "adopted", "child(children)" and "child", "parents (parent)" and "parents", "spouses (the spouse, the spouse)" and "spouses" are equivalent if this Code does not provide other.
1. Scrap (matrimony) 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 (matrimonial) 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, elderly and disabled family members;
7) ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights;
8) maintenance of healthy lifestyle of all family members.
3. The scrap (matrimony) concluded only by state bodies is recognized.
Braque (matrimony) imprisoned on religious practices and ceremonies is not equated to the scrap (matrimony) registered in registering bodies and does not generate the corresponding consequence in law.
Scrap (matrimony) the actual cohabitation both men and women, and same-gender persons is not recognized.
4. Any forms of restriction of the rights of citizens in case of marriage are forbidden (matrimony) and in the family relations based on origin, social, official and property status, race, nationality, language, the relation to religion or on any other circumstances.
The rights of citizens in the matrimonial (matrimonial and family) 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 the constitutional system, protection of public order, human rights and freedoms, health and morality of the population.
Matrimonial legislation of the Republic of Kazakhstan:
1) establishes the rights and obligations, the property and personal non-property relations between family members: spouses, parents and children, and in cases and in the limits provided by the matrimonial legislation of the Republic of Kazakhstan between other relatives and other persons;
2) establishes conditions and procedure for marriage (matrimony), the terminations of scrap (matrimony) and recognition by its invalid;
3) determines forms and procedure for the device in seven orphan children, children without parental support;
4) is regulated by procedure for state registration of acts of civil status;
5) determines functions of the bodies performing state registration of acts of civil status.
1. The matrimonial legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, consists of of this Code, other regulatory legal acts of the Republic of Kazakhstan.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty.
1. The civil legislation of the Republic of Kazakhstan as it does not contradict being of the matrimonial (supruzheskosemeyny) relations is applied to the property and personal non-property relations between family members called in Article 3 of this Code not settled by the matrimonial legislation of the Republic of Kazakhstan.
2. In cases when the relations, stipulated in Article 3 of this Code, directly are not settled by the legislation of the Republic of Kazakhstan 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 of the Republic of Kazakhstan 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 (matrimonial and family) relations are determined proceeding from the general beginnings and sense of the matrimonial or civil legislation of the Republic of Kazakhstan and requirements of conscientiousness, rationality and justice (analogy is right), also with respect for the principles of operation of the law in time, in space and around persons.
Citizens at discretion dispose of the rights belonging to them following from the matrimonial (matrimonial and family) relations including right of defense of these rights if other is not established by legal acts of the Republic of Kazakhstan.
Implementation of the matrimonial (matrimonial and family) rights and fulfillment of duties shall not violate the rights, freedoms and legitimate interests of other family members and other persons of law.
Protection of the matrimonial (matrimonial and family) rights is performed according to the procedure, established by this Code and other laws of the Republic of Kazakhstan.
1. Limitation period does not extend to the requirements following from the matrimonial (matrimonial and family) relations, except as specified, when term for protection of the violated right is established by this Code.
2. In case of application of the regulations establishing limitation period by consideration of the disputes following from the matrimonial (matrimonial and family) relations, the court is guided by regulations of the Civil code of the Republic of Kazakhstan.
1. Are necessary for marriage (matrimony) free and full consent of the man and woman, marrying (matrimony), and achievement of marriage (matrimonial) age by them.
2. (Matrimony) cannot be got married in the presence of the circumstances specified in article 11 of this Code.
1. The marriage (matrimonial) age is established for men and women in eighteen years.
2. Registering bodies in the place of state registration of marriage (matrimony) reduce marriage (matrimonial) age for the term of no more than two years in the presence of the following reasonable excuses:
1) pregnancies;
2) birth of the general child.
3. The petition for decrease in marriage (matrimonial) age can be submitted by persons interested to marry (matrimony) and their parents or custodians with indication of the reasons causing the necessity of decrease in the established marriage (matrimonial) age.
4. Decrease in marriage (matrimonial) age is allowed only with the consent of persons marrying (matrimony).
5. Scrap (matrimony) between persons which did not reach marriage (matrimonial) age, or person which reached marriage (matrimonial) age with person which did not reach marriage (matrimonial) age is allowed only from written consent of parents or custodians of persons which did not reach marriage (matrimonial) age.
Marriage (matrimonies) is not allowed between:
1) same-gender persons;
2) persons of whom at least one face already consists in other registered scrap (matrimony);
3) close relatives;
4) adoptive parents and adopted, children of adoptive parents and the adopted children;
5) persons, at least one of which acknowledged incapacitated owing to mental disease or weak-mindedness by a court decision, taken legal effect.
1. Consultation and inspection on medical, and also on medico-genetic questions and questions of protection of reproductive health of persons wishing to marry (matrimony) and only from their mutual assent are carried out by the organizations of health care.
2. Results of inspection of person marrying (matrimony) are medical secret and can be told person with whom it intends to get married (matrimony), only with the consent of past inspection.
The exception is constituted by cases when person marrying (matrimony) has disease creating threat for health of other person marrying (matrimony).
1. Scrap (matrimony) consists in registering bodies or in specially intended state wedding palaces in case of personal presence of persons marrying (matrimony).
In exceptional cases (serious illness, the disability connected with difficulties in movement, stay under guards or in places of detention) when one of persons wishing to marry (matrimony) cannot be in registering body, state registration of marriage (matrimony) is made at home, in medical or other organization in the presence of persons marrying (matrimony) with obligatory coordination with administration of the relevant organization.
2. Marriage (matrimonies) is made after fifteen calendar days from the date of giving by persons interested to marry (matrimony) of the statement in registering body.
The registering body in the place of state registration of marriage (matrimony) in the presence of the reasonable excuses documented reduces or increases this term.
In the presence of special circumstances (pregnancy, the birth of the child, direct danger to life of one of the parties and other special circumstances) state registration of marriage (matrimony) at the request of marrying (matrimony) is made in day of filing of application.
3. State registration of marriage (matrimony) is made according to the procedure, established by this Code.
4. The refusal of registering body in state registration of marriage (matrimony) can be appealed by persons wishing to marry (matrimony), or one of them, and also their legal representatives according to the procedure, established by the laws of the Republic of Kazakhstan.
The termination of scrap (matrimony) is the termination of the legal relations between spouses as a result of the circumstances which are not depending on them (death, announcements of one of them the dead or recognitions it is unknown absent) or as a result of actions at personal will as both, and one of spouses by annulment of marriage (matrimony) according to the procedure, established by this Code.
The termination of scrap (matrimony) between spouses does not interrupt and does not stop legal relationship between the parents and children born or adopted in this scrap (matrimony).
1. Scrap (matrimony) stops owing to the death of one of spouses, and also announcements its court the dead or recognitions 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 (matrimony) can be recovered by registering body according to the joint statement of spouses.
3. Scrap (matrimony) cannot be recovered if other spouse entered new scrap (matrimony), except as specified, when at the time of marriage (matrimony) the parties (or one of the parties) knew that the spouse, acknowledged it is unknown absent or declared the dead, is in live.
1. Scrap (matrimony) 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 (spouse) recognized by court incapacitated.
2. Annulment of marriage (matrimonies) is impossible without the consent of the spouse during her pregnancy and current of the first year of life of the child.
1. Annulment of marriage (matrimonies) in registering bodies is made in case of mutual consent on annulment of marriage (matrimonies) of the spouses who do not have general minor children and in the absence of property and other claims to each other.
2. Irrespective of availability at spouses of general minor children marriage (matrimony) is dissolved in registering bodies 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 recognized as court it is limited by capable;
4) it is condemned for crime execution to imprisonment for the term of at least three years.
3. State registration of annulment of marriage (matrimony) is made by registering body according to the procedure, established by this Code.
Disputes on the Section of common property, the payments of funds for content of the disabled spouse, and also minor children arising between spouses in case of annulment of marriage (matrimony) are considered according to the procedure of mediation or judicially.
1. Annulment of marriage (matrimonies) judicially is made if by court it is determined that further joint life of spouses and preserving family are impossible.
2. Annulment of marriage (matrimonies) judicially is made in cases:
1) availability at spouses of general minor children, except as specified, stipulated in Item 2 articles 17 of this Code;
2) lack of consent of one of spouses to annulment of marriage (matrimonies);
3) if one of spouses, despite the absence of at him objections, the actions or failure to act evades from annulment of marriage (matrimony);
4) availability of property and other claims of spouses to each other.
3. Annulment of marriage (matrimonies) judicially is made after one month from the date of giving in court by spouses of the declaration of avoidance of scrap (matrimony).
4. In exceptional cases the court has the right to make annulment of marriage (matrimonies) before the expiration specified in Item 3 of this Article.
In the absence of the consent of one of spouses to annulment of marriage (matrimonies) the court has the right to take measures to conciliation of spouses and to postpone case trial, having appointed spouses term for conciliation within six months.
In case of adjournment of trial of case with appointment to spouses of term for conciliation, the court in the claim of one of spouses resolves the issues provided in subitems 2) and 4) of Item 2 of Article 22 of this Code.
Annulment of marriage (matrimonies) is made if measures for conciliation of spouses were ineffectual and spouses (one of them) insist on annulment of marriage (matrimony).
1. In the presence of mutual consent on annulment of marriage (matrimonies) of the spouses having general minor children in the absence of property and other claims of spouses to each other the court can dissolve marriage (matrimony) without clarification of motives of annulment of marriage (matrimony).
2. If one of the spouses having general minor children in the absence of property claims of spouses to each other submits the application for annulment of marriage (matrimonies), and the second, despite the absence of at it objections, the actions or failure to act evades from annulment of marriage (matrimony), the court can dissolve marriage (matrimony) without clarification of motives of annulment of marriage (matrimony).
1. In case of annulment of marriage (matrimony) 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, the sizes of these means or about the Section of common property of spouses, about determination of procedure for communication of the parent with the child will live. In the judgment surnames of spouses after annulment of marriage (matrimony) are specified.
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 (matrimony) will live;
To determine 2) which of parents and in what size will pay the alimony for content of children;
3) upon the demand of spouses to make the Section of the property which is in their common joint property taking into account interests of minor children and (or) interests of spouses;
4) upon the demand of the spouse having the right to content from other spouse to determine the amount of this content;
5) to determine procedure for communication of the parent with the child.
3. If the Section of property infringes on interests of the third parties, the court has the right to select the requirement about the Section of property in separate production.
1. The marriage (matrimony) dissolved in registering bodies stops from the date of state registration of annulment of marriage (matrimony) in the civil register, and in case of annulment of marriage (matrimony) in court - from the date of the introduction in legal force of the judgment about annulment of marriage (matrimony).
The court shall within three days from the date of the introduction in legal force of the judgment about annulment of marriage (matrimony) send the copy of the judgment to registering body in the place of decision, and also in the place of state registration of marriage (matrimony).
2. The judgment which took legal effect about annulment of marriage (matrimony) is not subject to state registration in registering bodies. Spouses have the right to enter (to register) in new scrap (matrimony) after the introduction in legal force of the judgment about annulment of marriage (matrimony).
With the termination of scrap (matrimony) the property and personal non-property rights and obligations of spouses following from their matrimonial (matrimonial and family) relations, except as specified, provided by this Code stop.
1. Scrap (matrimony) is nullified by court in case of violation of the conditions established by Articles 9 - the 11th of this Code, and also in the following cases:
1) in case of the conclusion of sham marriage (matrimony);
2) in case of marriage (matrimony) on coercion;
3) if one of persons who married (matrimony) hid from another availability at it of the disease creating real danger to members of the established family, personal and public security.
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