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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2012 No. 382

About approval of Rules of implementation of functions of the state on guardianship and custody

(as amended on 26-05-2022)

According to Item 3 of article 120 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of functions of the state on guardianship and custody.

2. This resolution becomes effective from the date of 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 30, 2012 No. 382

Rules of implementation of functions of the state on guardianship and custody

Chapter 1. General provisions

1. These rules of implementation of functions of the state on guardianship and custody are developed according to the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" and determine procedure of functions of the state by guardianship and custody concerning minor and full age through local executive bodies.

2. Functions of the state on guardianship and custody are one of the directions of state policy which purpose is protection of the property and personal non-property rights of the citizens needing special forms of protection of the rights and interests.

3. Functions of the state on guardianship and custody are performed for the purpose of protection of the rights and interests of minors, including the orphan children and children without parental support who are needing adoption, transfer to foster home, establishment over them of guardianship or custody, patronage, and the orphan children, children without parental support who are under guardianship or custody, on patronage, and also brought up in the organizations for orphan children and children without parental support.

4. Guardianship or custody is established also for protection of the property and personal non-property rights and interests incapacitated or restrictedly capable full age persons.

Chapter 2. Procedure of functions of the state on guardianship and custody

5. Coordination of activities and the organization of interaction of state bodies and the organizations for guardianship and custody over minors are performed by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, and concerning full age - through authorized bodies of social protection of the population.

6. Local executive bodies of areas, cities of regional, republican value, the capital perform functions of the state on guardianship and custody concerning minors through authorized bodies of education and health care, concerning full age - through authorized bodies of social protection of the population (further - body).

7. The body in the procedure established by the legislation provides protection of the rights and interests of children, incapacitated or restrictedly capable full age persons through:

1) participation in court by hearing of cases, connected with determination of the residence of the child, procedure for communication of the parent with the child and confiscations of the child who is at other persons, the residence of the child in case of departure of the child with one of parents out of republic limits on the permanent residence, deprivation (restriction) and recovery in the parent rights, adoption (adoption) of the child and cancellation or recognition invalid adoptions, the direction of minors in the special organizations of education or the organization of education with specific mode of content on the disputes arising from guardianship and custody (patronage) over minors on paternity proof of the minor and collection from it of the alimony, according to statements for restriction or deprivation of the minor aged from fourteen up to eighteen years of the right to dispose independently of the income, about the announcement of the minor sui juris (emancipation), paternity proof and collection of the alimony in percentage terms or firm sum of money on content of the child, reduction of the size of the alimony, protection of labor, housing laws of minors, indemnification caused jointly minor and full age including with participation incapacitated or restrictedly capable full age;

2) solution of questions of assignment or change of surname, name of minors in cases, stipulated by the legislation Republic of Kazakhstan;

3) initiation of claims for cases, stipulated in Article 27 Codes of civil procedure of the Republic of Kazakhstan, including about adoption recognition by invalid;

4) issue of permissions to appointment to the child to the parents deprived of the parent rights or limited in them if it does not exert negative impact on the child;

5) implementation of immediate confiscation of the child from parents or other persons on whose care he is, in case of direct threat of life of the child or to his health based on the act of local executive body of the area, the city of regional, republican value, the capital before decision making of court;

6) representation of legitimate interests of orphan children and children without parental support and being under guardianship or custody, on foster education, in foster home, and also in the organizations for orphan children and children without parental support, incapacitated or restrictedly capable full age persons, in the relations with any persons (including in courts) if actions of guardians or custodians, foster tutors for representation of legitimate interests of wards contradict the legislation of the Republic of Kazakhstan or interests of wards or if guardians or custodians do not perform protection of legitimate interests of wards;

7) the organization of work on identification of the orphan children and children without parental support, children who are in difficult life situation;

8) permission of disagreements between parents on the questions concerning education and education of children;

9) representation of consent to making of those transactions which incapacitated or restrictedly capable full age persons have no right to make independently, rendering assistance in implementation of the rights by them and fulfillment of duties, and also their protection from abuses of the third parties;

10) representation based on the written request of court of information on the orphan children, children without parental support consisting on primary, regional, centralized accounting;

11) issue of references for the order property of minors;

12) establishment of guardianship or custody over the orphan child (orphan children) and child(children) who was left (remained) without care of parents;

13) transfer of child(children) on foster education and purpose of payment of money to content of child(children) transferred (transferred) to foster tutors;

14) transfer of child(children) on education in foster home and purpose of payment of money to its content;

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