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The document ceased to be valid since  August 31, 2015 according to Item 2 of the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2015 No. 112

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 28, 2012 No. 99

About approval of Rules of the organization of state registration of acts of civil status, modification, recovery, cancellation of civil registrations

(as amended of the Order of the Minister of Justice of the Republic of Kazakhstan of 28.12.2013 No. 405)

In pursuance of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" of December 26, 2011, PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization of state registration of acts of civil status, modification, recovery, cancellation of civil registrations.

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

Minister

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 28, 2012 No. 99

Rules of the organization of state registration of acts of civil status, modification, recovery, cancellation of civil registrations

1. General provisions

1. These rules of the organization of state registration of acts of civil status, modification, recovery, cancellation of civil registrations (further - Rules) determine procedure for the organization by registering bodies of state registration of the birth, death, marriage (matrimony), annulment of marriage (matrimony), adoption (adoption), paternity proof, change of name, middle name, surname of modification, amendments and corrections, recovery, cancellation of civil registrations, and also issues of repeated certificates, references and copies of assembly records about civil registration in the territory of the Republic of Kazakhstan.

2. State registration of acts of civil status is made by registering bodies in electronic form by means of the information system "Civil registrations".

3. Registering bodies make the following actions:

1) make state registration of the birth, death, the conclusion and annulment of marriage (matrimony), adoption (adoption), paternity proof, change of name, middle name, floor surname;

2) are changed, supplemented, corrected and cancel civil registrations;

3) is recovered by the lost records;

4) grant primary and repeated certificates, references, copies of civil registrations.

4. State registration of acts of civil status concerning citizens of the Republic of Kazakhstan, constantly or temporarily living outside the Republic of Kazakhstan, is made by foreign institutions of the Republic of Kazakhstan and the assembly records made by them are transferred to territorial authority of justice of the Republic of Kazakhstan.

In case of state registration of acts of civil status in foreign institutions of the Republic of Kazakhstan the legislation of the Republic of Kazakhstan is applied if interested persons are citizens of the Republic of Kazakhstan.

2. Procedure for the organization of state registration of the birth

5. The application for state registration of the birth of the child is submitted to registering body in writing, according to appendix 1 to these rules either in electronic form parents or other interested persons no later than two months since birth, and in case of the birth of the dead child the application is submitted by the responsible official of the medical organization no later than five days from the moment of childbirth.

6. In case of filing of application in electronic form by means of the portal of "the electronic government" by the applicant specifies data on the health certificate, confirming the child's birth, identity documents and about marriage (matrimony).

7. In case of receipt of the statement for state registration of the birth by the official it is performed on correctness of filling of the application form and the documents attached to it.

8. In case of correctness of completeness of filling of the statement and the enclosed documents, the official registers the adopted statement in register of statements, according to appendix 2 to these rules and issues to the applicant the detachable coupon of the application blank.

Maintaining register of statements in electronic form is allowed.

9. By results of performed the official enters data into the information system "Civil registrations" (further - IS ZAGS).

10. After state registration in IS ZAGS, assembly record in duplicate is unpacked and the certificate of birth is created.

The data specified in the certificate of birth are registered "Issue of Stamp Forms" (further - the account magazine), in form according to appendix 3 to these rules then to the applicant the certificate is granted.

11. In case of state registration of the birth of two and more children, on each of them health certificates on the birth based on which separate birth records are constituted, the following one after another are represented and separate certificates of birth of children are granted.

12. State registration of the birth of the child after two-month term and also who reached one year and more is made based on the conclusion about state registration of the birth of the child with violation of the fixed term constituted in duplicate by registering body in form, according to appendix 4 to these rules.

13. In case of receipt of the statement for state registration of the birth of the child after two-month term and also who reached one year and more by the official it is performed on correctness of filling of the application form and the documents attached to it.

By results of performed the conclusion about state registration of the birth of the child with violation of fixed term is constituted, and affirms the chief of territorial authority of justice.

14. Assembly record about state registration of the birth of the child aged up to one year is made in the book of the current registration of the birth.

15. Assembly record about state registration of the birth of the child at the age of more than one year is made in the book of registration of the recovered birth records in accordance with general practice as primary, but with addition after sequence number of the words "with the omission of term".

16. In case of non-presentation of complete document package or false information the chief of registering body refuses state registration of the birth in the form of written motivated refusal. The refusal in state registration of the birth of the child is drawn up by the separate letter signed by the chief of territorial authority of justice with indication of the refusal bases.

3. Procedure for the organization of state registration of paternity proof

17. The statement for state registration of paternity proof in form, according to appendix 5 to these rules is subject to check on correctness of filling and the documents attached to it.

18. In case of correctness of completeness of filling of the statement and the enclosed documents the official registers the adopted statement in register of statements.

Maintaining register of statements in electronic form is allowed.

19. The registering body refuses state registration of paternity proof if in the birth statement of the child the father already specifies certain person.

In this case, the registering body checks according to the birth statement of the child of the basis of the data on the father entered earlier.

Check is made:

1) if mother of the child concerning whom paternity is established consists in the registered scrap (matrimony);

2) if mother of the child does not consist in the registered scrap (matrimony), and in the certificate of birth the father of the child whose surname does not correspond to surname of mother is specified.

If the birth statement is in other registering body, its copy will be requested for refining of the specified data in a month. About reclamation of the copy of the birth statement it is reported to applicants (applicant) then day of state registration of paternity proof is appointed. In this case, the statement is registered in register of statements in day of its receipt, and state registration of paternity proof is made in case of receipt of the copy of the birth record.

20. The certificate of birth of the child is enclosed to the application for state registration of paternity proof.

If state registration of paternity proof is made along with state registration of the birth, the certificate of birth is not attached.

21. By results of performed the official enters data in IS ZAGS.

22. In case of simultaneous state registration of the birth and paternity proof in IS ZAGS two birth records and about paternity proof, in duplicate are printed out and the certificate of birth and about paternity proof is created.

23. If at the time of state registration of paternity proof state registration of the birth is already made, then assembly record about paternity proof in duplicate is unpacked and the affiliation certificate is created.

The data specified in the affiliation certificate are entered in the account magazine then the certificate is granted.

24. The registering body based on record of the act of paternity proof enters data on the father and the changes connected with it in the birth statement of the child on the same day and grants the new certificate of birth about what the notice goes to territorial authority of justice of area (the city of republican value) for entering of corresponding changes into the second copy of the birth statement.

25. If the birth statement of the child is in other place, then in day of state registration of paternity proof the notice on entering of necessary changes into the birth statement goes to registering body in the location of the first copy of record.

26. Based on the received notice the registering body brings necessary changes in the birth statement and sends the new certificate of birth. At the same time the notice goes to territorial authority of justice of area (the city of republican value) for entering of the same changes into the second copy of the birth statement.

27. In case of change in connection with state registration of paternity proof of surname or middle name of the person liable for call-up or recruit the registering body according to the Law of the Republic of Kazakhstan "About military service and the status of the military personnel" reports about it within 7 calendar days in local authorities of military management of areas (the cities of regional value), in paternity proof place of registration.

28. In case of cancellation the judgment of record of the act of paternity proof by registering body makes its cancellation.

29. In case of receipt of determination (resolution) of court on cancellation of earlier passed judgment about paternity proof and also which took legal effect of the judgment about cancellation of record of the act of paternity proof, about recognition of record invalid record is crossed out on diagonal, on its face from above it is specified: "Record is cancelled", and in column 21 the mark when and what court passes the decision is put down.

30. The registering body reports about cancellation of assembly signing up in territorial authority of justice of area (the city of republican value) which in the same procedure makes cancellation of the second copy of this record.

31. About cancellation of record of the act of paternity proof it is reported in registering body in the location of the birth record of the child which makes the corresponding mark with recovery of initial changes in assembly record (the surname of the child changes if it was changed in connection with paternity proof, and also its middle name and the information about the father). About the made mark it is reported in territorial authority of justice of area (the city of republican value) in the location of the second copy of the birth record.

32. In case of cancellation of record of the act of paternity proof the registering body issues to the child's mother the reference for submission to social security authorities of the population on receipt of the corresponding benefit.

33. Registration of paternity proof based on the joint statement of parents of the child through representatives is not allowed.

4. Procedure for the organization of state registration of marriage (matrimony)

34. The declaration of accession to scrap (matrimony) is submitted to registering body in writing, according to appendix 6 to these rules or in electronic form by means of the portal of "the electronic government" persons for the first time marrying a month before state registration of marriage (matrimony).

35. The declaration of accession to scrap (matrimony) is registered in register of statements in which the name, middle name surname marrying (matrimony), the date of reception of an application and date appointed for state registration of scrap (matrimony), and subsequently also number of assembly record about marriage (matrimony) is entered.

Maintaining register of statements in electronic form is allowed.

36. In case of reception of an application, the registering body explains to persons wishing to get married (matrimony), procedure and conditions of its registration, their right and obligation as future spouses and parents, about the carrying out right by agreement of physical examination, and also, about the right of the conclusion of the marriage agreement determining property rights and obligations of spouses in scrap (matrimony) and in case of its termination.

37. The faces consisting earlier in the registered scrap (matrimony) show to registering body the document confirming the termination of former scrap: certificate on annulment of marriage (matrimony), death certificate of the spouse or judgment on scrap recognition by invalid.

38. In coordination with persons wishing to marry (matrimony), the registering body fixes time (day and hour) of registration of scrap (matrimony) after monthly term about what the mark in the statement, and also in register of statements becomes. The current of the term determined by period of time begins next day after calendar date or approach of event which determine its beginning.

39. State registration of marriage (matrimony) of persons which did not reach age of consent is allowed based on the conclusion of registering body about decrease in the marriage (matrimonial) age constituted in form according to appendix 7 to these rules.

The statement for decrease in marriage (matrimonial) age, in form, according to appendix 8 to these rules moves persons interested to marry either their parents, or guardians (custodians) with indication of the reasons causing the necessity of decrease in marriage (matrimonial) age.

In all cases decrease in marriage (matrimonial) age is allowed only with the consent of marrying (matrimony), and also scrap (matrimony) between persons which did not reach marriage (matrimonial) age it is allowed only with the consent of parents or guardians.

Authenticity of the signature of the petitioning persons is certified by the signature of the official and seal of registering body.

40. The documents confirming the reasons of decrease in marriage (matrimonial) age (the certificate of the medical and qualification commission of pregnancy, the copy of the certificate of birth, identity documents of parents of minors and minor citizens) are attached to the petition.

41. By results of consideration of the petition the decision on decrease in marriage (matrimonial) age is made or the written motivated refusal is constituted.

42. In appointed day of state registration of marriage (matrimony) the official enters data in IS ZAGS.

43. After state registration in IS ZAGS, assembly record in duplicate is unpacked and the certificate on marriage (matrimony) is created.

The data specified in the certificate on marriage (matrimony) are entered in the account magazine.

44. State registration of scrap (matrimony) is made in the presence of persons marrying then the registering body grants the certificate on marriage (matrimony).

State registration of scrap (matrimony) at the request of persons marrying (matrimony) is made in the presence of relatives and witnesses.

45. State registration of marriage (matrimony) through representatives is not allowed.

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