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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2012 No. 361

About approval of Rules of document creation on departure out of limits of the Republic of Kazakhstan on the permanent residence

(as amended on 12-11-2020)

According to item 4 of article 55 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of document creation on departure out of limits of the Republic of Kazakhstan on the permanent residence.

2. Recognize invalid:

2) the order of the Government of the Republic of Kazakhstan of May 31, 2006 No. 479 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of July 26, 2001 No. 1010" (SAPP of the Republic of Kazakhstan, 2006, No. 20, the Art. 196);

3) the order of the Government of the Republic of Kazakhstan of November 13, 2007 No. 1080 "About modification of the order of the Government of the Republic of Kazakhstan of July 26, 2001 No. 1010" (SAPP of the Republic of Kazakhstan 2007, No. 43, the Art. 505).

3. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of March 28, 2012 No. 361

Rules of document creation on departure out of limits of the Republic of Kazakhstan on the permanent residence

1. These rules of document creation on departure out of limits of the Republic of Kazakhstan on the permanent residence (further - Rules) are developed according to the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift", other regulatory legal acts and determine procedure for document creation on departure of citizens of the Republic of Kazakhstan out of limits of the Republic of Kazakhstan on the permanent residence.

2. Citizens of the Republic of Kazakhstan leave the Republic of Kazakhstan and freely return to the Republic of Kazakhstan. Departure and return are performed according to the passport of the citizen of the Republic of Kazakhstan.

3. To citizens of the Republic of Kazakhstan temporarily refuses in departure from the Republic of Kazakhstan on the bases, the stipulated in Article 56 Laws of the Republic of Kazakhstan of July 22, 2011 "About population shift".

Departure of the citizen of the Republic of Kazakhstan abroad can be temporarily limited for the term provided by the employment contract (contract) in case of execution of the admission to the state secrets.

4. The citizens of the Republic of Kazakhstan who undertook obligations whenever possible of restriction of the departure out of limits of the Republic of Kazakhstan in connection with their admission to the state secrets (further - sekretonositel) and intending to go abroad, shall get beforehand the exit visa at heads of those state bodies or other organizations where they signed the specified obligations (further - the organizations).

In cases of reorganization of the organizations the decision on possibility of departure of sekretonositel out of limits of the Republic of Kazakhstan is made by heads of the organizations, being their legal successors.

The decision on issue of the exit visa of sekretonositel is made by heads of the organizations independently taking into account the obligations undertaken by sekretonositel and their actual awareness in the data constituting the state secrets. At the same time the conclusion about the actual awareness of person in the data constituting the state secrets goes to bodies of homeland security.

In case of liquidation (abolition) of the organizations the decision on possibility of departure is made by heads of territorial authorities of homeland security at the place of residence of sekretonositel.

Permission or motivated refusal in departure out of limits of the Republic of Kazakhstan is issued in time, established by the legislation for consideration of the applications of citizens.

In case of unauthorized departure out of limits of the Republic of Kazakhstan the sekretonositel can be brought to disciplinary or other responsibility, the stipulated by the legislation Republic of Kazakhstan.

5. Departure on the permanent residence from the Republic of Kazakhstan is performed after document creation on departure by law-enforcement bodies.

6. The faces which reached eighteen years, and consisting in brakeshestnadtsat of years can file petitions for departure out of limits of the Republic of Kazakhstan on the permanent residence. Documents for the children and citizens recognized by court incapacitated move their legal representatives (parents, guardians, custodians).

7. For departure on the permanent residence out of limits of the Republic of Kazakhstan to law-enforcement bodies at the permanent address by citizens of the Republic of Kazakhstan personally or their legal representatives submit the following documents:

1) statement questionnaire;

2) the identity certificate and the passport of the citizen of the Republic of Kazakhstan, the certificate of birth of the children who did not reach sixteen-year age;

3) the agreement on payment of the alimony signed according to the procedure, provided by Chapter 22 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further - the Code) if in the territory of the Republic of Kazakhstan family members leaving to which it under the law shall provide content constantly live. In case of not reaching an agreement leaving is represented the judgment about determination of the size of the alimony in firm sum of money or lump sum payment of the alimony or provision of certain property on account of the alimony, either payment of the alimony otherwise, or factual determination of absence at leaving the obstacles provided by the law for departure.

Note: - to receivers of the alimony are carried by the Code to family members:

minor children;

parents;

the disabled needing spouse (spouse);

the spouse, including former, during pregnancy and within three years since the birth of the general child;

the needing spouse (spouse) including being performing care of the general handicapped child before achievement of age by it eighteen years and also in case of determination to the general handicapped child on reaching eighteen years of the I-II group of disability;

the disabled needing former spouse (spouse) who became disabled before annulment of marriage (matrimony);

the minor brothers and sisters needing the help;

minor persons in need in the help grandsons;

disabled persons in need in the help the grandfather and the grandmother;

the disabled needing persons which actually raised and containing minor children;

the disabled, needing the help stepfather and stepmother who were bringing up and containing the stepsons or stepdaughters;

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