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ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of January 16, 2015 No. 13

About approval of Rules of activities and determination of structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption

(as amended on 30-06-2016)

According to Item 8 of article 84 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" PRIKAZYVAYU:

1. Approve the enclosed Rules of activities and determination of structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption.

2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan () provide Orazaliyev Z.:

1) in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan E. N. Imangaliyev.

4. This order becomes effective after ten calendar days after its first official publication.

Minister

A. Sarinzhipov

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of January 16, 2015 No. 13

Rules of activities and determination of structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption

1. The commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption (further - the commission), is permanent, formed for ensuring coordinated actions of executive bodies on realization of state policy in the field of adoption of the children who are citizens of the Republic of Kazakhstan.

2. The commission in the activities is guided by the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further - the Code), these rules, the 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" (further - the Resolution), and also the Law of the Republic of Kazakhstan "About ratification of the Convention on protection of children and cooperation concerning foreign adoption".

3. The main functions of the commission are:

1) hearing of the bodies performing functions on guardianship and custody (further - body) according to the Resolution on the taken measures for the device of children in families on adoption, under guardianship or custody, on foster education or in foster home;

2) preparation of the conclusion about possibility (impossibility) of issue of permission about transfer of orphan children and children without parental support, (further - children) on adoption.

4. Commission chairman is the head (deputy manager) of department of education of area, department of formation of the area, city of regional, republican value, the capital.

The commission chairman directs activities of the commission, presides over commission sessions, plans its work.

5. The commission is created under local executive bodies of the area, city of regional, republican value, the capital.

The commission includes the chief of the department of formation of area, department of formation of the area, city of regional, republican value, the capital (commission chairman), the specialist performing functions on guardianship and custody (the secretary of the commission), representatives of the local executive bodies, law-enforcement bodies and non-governmental organizations dealing with issues of protection of the rights of children.

Members of the commission take part in commission sessions without the replacement right.

6. The regulations of work of the commission affirm its chairman.

Commission sessions are held as required, but at least once a month, and are considered competent if at them there are at least two thirds of her members.

7. Documents (the copy of the certificate of birth of the child, documents confirming the social status of the child, zayavleniyerebenka who reached age of ten years about consent to adoption) which are subject to consideration on the commission prepare body of the area, city of regional, republican value, the capital and are considered within ten working days from the moment of their receipt.

For the purpose of ensuring timely and high-quality consideration of the materials which arrived for consideration of the commission they are studied previously within seven working days by the chairman and members of the commission.

In the course of preliminary studying of the materials which arrived for consideration the commission determines:

the group of people, subject to challenge or the invitation to commission session;

need of conducting additional check of the circumstances important for the correct and timely consideration of materials, and also reclamation of additional materials.

8. On commission session the protocol is taken. In the protocol time and the place of meeting, structure of the commission, surname, name, middle name (are reflected in case of its availability) the child who is subject to consideration the made decision.

9. The decision of the commission on compliance or discrepancy of adoption to interests of the child is accepted by a majority vote her members who are present at meeting. In case of equality of votes the commission chairman's voice is decisive.

10. The made decision of the commission is drawn up in the form of the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan on adoption according to appendix to these rules (further - the conclusion).

The copy of the conclusion within three working days goes to body.

Concerning the children who are subject to statement on centralized accounting, the body sends the copy of the conclusion to Committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan.

11. Organizational technical supply of activities of the commission performs local executive body of the area, city of regional, republican value, the capital.

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