Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 29, 2013 No. 73-V ZRK

About identity documents

(as amended on 13-05-2020)

This Law determines the legal basis of identity documents, establishes requirements to their registration, and also regulates activities for production, issue, replacement, delivery, withdrawal and destruction of identity documents.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the certificate of the stateless person - the identity document of the physical person who does not have the evidence of the belonging to nationality of any state;

2) the certificate of the refugee - the identity document and the confirmatory status of the refugee;

3) 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;

4) the identity certificate of the citizen of the Republic of Kazakhstan - the identity document of the citizen and confirming nationality of the Republic of Kazakhstan;

5) the passport of the citizen of the Republic of Kazakhstan - the identity document of the citizen and confirming nationality of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan and beyond its limits;

6) the diplomatic passport of the Republic of Kazakhstan - the identity document of the citizen of the Republic of Kazakhstan in case of its departure, accommodation outside the Republic of Kazakhstan for execution of the service duties assigned to it and in case of its entry into the Republic of Kazakhstan;

7) the service passport of the Republic of Kazakhstan - the identity document of the citizen of the Republic of Kazakhstan and the confirmatory official status of its owner in case of departure and entrance, accommodation outside the Republic of Kazakhstan for execution of the service duties assigned to it;

8) the identity certificate of the seaman of the Republic of Kazakhstan - the identity document of the owner working at board of the ocean ship (except for the warship) as a part of its crew, and also the vessel of the swimming mixed (river sea) used for the purposes of merchant shipping, or the student in educational institution directed to vessels for practical training;

9) the certificate on return - the identity document and confirming right of its owner to single entry into the Republic of Kazakhstan;

10) the certificate of birth - the identity document of physical person testimonial of state registration of the fact of its birth;

11)  No. 272-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 25.11.2019;

12) authorized state bodies - the law-enforcement bodies, judicial authorities, body in the field of foreign policy activities, body in the field of transport and communications performing registration, issue, replacement, withdrawal and destruction of identity documents within the competence;

13) the foreign passport - the document recognized by the Republic of Kazakhstan as the identity document of the foreigner or the stateless person and confirming their legal status;

14) the residence permit of the foreigner in the Republic of Kazakhstan - the identity document of the foreigner in the territory of the Republic of Kazakhstan and confirming receipt by it of permission to permanent residence in the Republic of Kazakhstan.

Article 2. Legislation of the Republic of Kazakhstan on identity documents

1. The legislation of the Republic of Kazakhstan on identity documents, is based on the Constitution of the Republic of Kazakhstan and consists of this Law and 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 Law then are applied rules of the international treaty.

Article 3. Coverage of this Law

Operation of this Law extends to all citizens of the Republic of Kazakhstan irrespective of the place of residence, the foreigners and persons without citizenship who are constantly living or temporarily staying in the Republic of Kazakhstan.

Article 4. The principles of legal regulation in the sphere of identity documents

Requirements to registration, issue, replacement, delivery, withdrawal and destruction of identity documents, are based on the principles:

1) legality;

2) obligation;

3) observance of rights and freedoms of man and citizen;

4) equalities of all before the law;

5) inadmissibility of discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances;

6) unities of the rights and obligations of man and citizen;

7) availability.

Article 5. Rights and obligations of citizens of the Republic of Kazakhstan, foreigners and stateless persons

1. The citizens of the Republic of Kazakhstan who are constantly living in the Republic of Kazakhstan foreigners and persons without citizenship have the right to the identity documents corresponding to the status.

2. Citizens of the Republic of Kazakhstan irrespective of the place of residence, the foreigners and persons without citizenship who are constantly living or temporarily staying in the Republic of Kazakhstan shall have the identity documents corresponding to the status.

Chapter 2. Legal basis of identity documents

Article 6. Identity documents

1. Identity documents, are:

1) passport of the citizen of the Republic of Kazakhstan;

2) identity certificate of the citizen of the Republic of Kazakhstan;

3) the residence permit of the foreigner in the Republic of Kazakhstan;

4) certificate of the stateless person;

5) diplomatic passport of the Republic of Kazakhstan;

6) service passport of the Republic of Kazakhstan;

7) certificate of the refugee;

8) identity certificate of the seaman of the Republic of Kazakhstan;

9) foreign passport;

10) the certificate on return;

11) certificate of birth.

In the cases provided by the Code of penal procedure of the Republic of Kazakhstan, the car driver license, the military ID and the birth record can be acknowledged as identity documents.

2. The identity documents issued by authorized state bodies of the Republic of Kazakhstan are property of the state.

3. Civil transactions are made under the identity documents provided by subitems 1), 2), 3), 4), 9) and 11) of Item 1 of this Article.

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