ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2015 No. 112

About approval of Rules of the organization of state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status

According to Item 2 of article 180 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family", PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization of state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status.

2. Declare invalid:

1) the 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" (registered in the Register of state registration of regulatory legal acts for No. 7533, No. 207-208 (27026-27027)) published in the Kazakhstanskaya Pravda newspaper of June 30, 2012;

2) the order of the Minister of Justice of the Republic of Kazakhstan of December 28, 2013 No. 405 "About entering of amendment into the 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 records of civil status" (No. registered in the Register of state registration of regulatory legal acts 9040, published in information and legal the Ad_let system on March 6, 2014).

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order and its official publication.

4. To impose control of execution of this order on the Deputy minister of justice of the Republic of Kazakhstan Abd_rayy B. Zh.

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

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2015 No. 112

Rules of the organization of state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status

Chapter 1. General provisions

1. These rules of the organization of state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellations and recoveries of acts of civil status (further – Rules) are developed according to the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code), the Civil Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About the state services" (further – the Law), "About identity documents", "About informatization", "About personal data and their protection", "About national registers of identification numbers" and state registration of the birth, death, marriage (matrimony), annulment of marriage (matrimony), modification, amendments, including in case of change of name, middle name, surname, paternity proof (motherhood), adoption (adoption), corrections, recovery, cancellations of civil registrations, and also issues of repeated certificates, references and copies of assembly records about state registration of acts of civil status in the territory of the Republic of Kazakhstan.

2. In Rules the following basic concepts are used:

1) body of civil registration (further – registering body) – the Government for Citizens State corporation performing state registration of acts of civil status and other types of the state services connected with state registration of acts of civil status;

2) information system of acts of civil status (further – IS ZAGS) – the information system intended for state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status, which is also containing the data constituting personal data of physical persons;

3) individual identification number (further - IIN) - the unique number created for physical person;

4) The Government for Citizens State corporation (further – the State corporation) – the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically.

5) authorized body in the sphere of rendering the state services – the central state body performing management and cross-industry coordination in the sphere of rendering the state services;

6) information system of monitoring of rendering the state services (further – IIS "Monitoring") – the information system intended for automation and monitoring of process of rendering the state services including rendered through the State corporation;

7) pro-active service – the state service rendered without statement of uslugopoluchatel at the initiative of the service provider;

8) the subscriber structure of cellular communication – the means of communication of individual use creating signals of electric communication for transfer or acceptance of information set by the subscriber and connected to network of mobile operator, not having the permanent geographically determined location within the served territory, working in networks of cellular communication;

9) the web portal of "the electronic government" www.egov.kz (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

10) payment gateway of "the electronic government" (further – PShEP) – the information system automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

11) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. State registration of acts of civil status is made by registering bodies in electronic form by means of IS ZAGS.

In villages, settlements, rural districts the akim of the village, settlement, rural district makes documents acceptance on state registration of acts of civil status of the citizens living in the territory of the respective village, the settlement, the rural district, and their transfer to the relevant registering body of the area or the cities of regional value for state registration of acts of civil status and entering of information into the State database about physical persons into the terms provided by the Code, also issue and delivery of certificates in need of certificates of state registration of acts of civil status agrees, article 179 of the Code.

For the purpose of protection and maintaining confidentiality of electronic information resources and information systems access to information system of acts of civil status to registering bodies is provided by owners or owners of information systems by means of coordination of the corresponding requests about right to use provision.

Territorial authorities of justice of area (the city of republican value), registering bodies within competence use the electronic version of the assembly records which are on the central server of the State database about physical persons.

4. Registering bodies make the following actions:

1) make state registration of the birth, death, the conclusion and annulment of marriage (matrimony);

2) are changed, supplemented, including in case of change of name, middle names, surnames, paternity proof (motherhood), adoption (adoption), corrected, recovered and cancel civil registrations;

3) copies of civil registrations grant primary and repeated certificates, references electronically or on paper;

4) ensure safety of books and forms of certificates of state registration of acts of civil status.

5. The state services in the sphere of state registration of acts of civil status, modification, amendments, corrections, recovery, cancellation of civil registrations, issues of repeated certificates and certificates of state registration of acts of civil status appear to physical persons (further – uslugopoluchatel).

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 registering body of the capital 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.

6. State registration of acts of civil status is made by registering bodies according to the identity documents corresponding to legal status of the owner.

The identity document, is invalid and is subject to delivery and replacement in law-enforcement bodies of the Republic of Kazakhstan in case of discrepancy to legal status of the owner.

For identification of the identity of uslugopoluchatel the identity document, according to Item 1 of article 6 of the Law "About Identity Documents", or the electronic document from service of digital documents is shown.

The foreigner who is constantly living in the Republic of Kazakhstan shows the residence permit of the foreigner in the Republic of Kazakhstan.

The person without citizenship who is constantly living in the Republic of Kazakhstan shows the certificate of the stateless person with mark of law-enforcement bodies of the Republic of Kazakhstan about registration at the place of residence.

The foreigner or the stateless person which is temporarily staying in the Republic of Kazakhstan shows the document proving his identity, issued by competent authorities of the country, the citizen whom the foreigner or the states of permanent residence of the stateless person and notarially attested translation of their text on Kazakh or Russian is.

7. The documents issued by competent authorities of foreign states, confirming making of acts of civil status outside the Republic of Kazakhstan under the laws of the relevant states concerning citizens of the Republic of Kazakhstan, foreigners and stateless persons are recognized valid the Republic of Kazakhstan if they do not contradict the legislation of the Republic of Kazakhstan, also in the presence of consular legalization or special stamp (apostille). According to the statement of interested persons the registering body or foreign institution of the Republic of Kazakhstan puts down mark about registration of the act of civil status outside the Republic of Kazakhstan in information system of acts of civil status, except for the birth record which is subject to state registration in information system of acts of civil status.

Also the documents issued outside the Republic of Kazakhstan in language of the corresponding foreign state are subject to the translation on Kazakh or Russian.

Fidelity of the translation of the text of identity documents of the foreigner, stateless person and other supporting documents issued outside the Republic of Kazakhstan can be notarially certified, attested in diplomatic representation, consular establishment, in Foreign Ministry of the state which citizen is the foreigner, or the states of permanent residence of the stateless person.

8. When rendering the state services the uslugopoluchatel provides consent to use of the data which are the secret protected by the law, containing in information systems if other is not provided by the laws of the Republic of Kazakhstan.

Data on the identity documents, the health certificate on the birth or death which took legal effect decisions, sentences and determinations of court of the Republic of Kazakhstan, on civil registration, registered in the territory of the Republic of Kazakhstan, containing in the state information systems, the staff of the State corporation and registering body receives from the corresponding state information systems through lock of "the electronic government" (further – ShEP).

In case of absence in information systems of the corresponding data the employee of the State corporation or registering body reproduces electronic/paper copies of documents then returns originals to uslugopoluchatel, except for certificates on state registration of acts of civil status which are subject to exchange or cancellation.

Reclamation from uslugopoluchatel of documents and data which can be received from information systems is not allowed.

Registration of marriage (matrimony), annulment of marriage (matrimony) based on the joint statement of spouses and modification, amendments in assembly record about state registration of the birth in case of change of surname, name, middle name, paternity proof based on the joint statement of parents of the child through the representative is not allowed.

9. When rendering the state services through the State corporation on paper, day of reception of applications and documents does not enter rendering the state services in time.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays, according to the Labor code of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service is performed in the next working day.

10. According to the subitem 11) of Item 2 of article 5 of the Law, the registering body (further - the service provider) provides entering of data into IIS "Monitoring" on stage of rendering the state service.

11. In case of failure of information system the service provider without delay notifies on it the employee of the Department of justice of areas, cities of Astana, Almaty and Shymkent responsible for information and communication infrastructure.

In this case the employees responsible for information and communication infrastructure undertake measures for determination of the reason of failure of information system and within 1 (one) working day constitute the protocol (act) of technical issue and signs it the service provider.

12. In case of the appeal to the State corporation, in case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state services, according to type and (or) documents with the expired effective period, the employee of the State corporation refuses reception of an application, and issues the receipt on refusal in documents acceptance in form, according to appendix 1 to these rules.

By provision of complete document package the receipt on acceptance of the relevant documents is issued to uslugopoluchatel.

In case of representation uslugopoluchately documents in the State corporation – the employee of the State corporation accepts, checks the documents submitted by uslugopoluchatel, and the accepted documents, go to the service provider through express communication.

13. The employee of the service provider in day of receipt of documents performs acceptance, check on correctness of filling of the application form and the documents attached to it, and also carries out logging of accounting of statements (further – the magazine) in form, according to appendix 2 to these rules.

Maintaining the magazine is allowed only in electronic form.

In case of the address to the service provider the uslugopoluchatel receives the detachable coupon of the application blank about acceptance of the relevant documents.

In case of the address through the service provider and provision to the service provider of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service, and (or) documents with the expired effective period, the service provider refuses reception of an application.

14. In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service through the Portal, the service provider directs refusal in further review of the statement.

The refusal in further review of the statement of the state service is drawn up by the separate letter signed by the head of the registering body or person fulfilling its duties with indication of the refusal bases.

15. In case of compliance of the submitted documents and data specified in the statement, the service provider makes state registration of the act of civil status, makes changes, corrections, amendments, cancels or recovers records of the act of civil status, writes out the certificate, the repeated certificate or the certificate of state registration of the act of civil status to persons concerning whom assembly record, electronically or at will on paper is made.

After state registration of the act of civil status in IS ZAGS, the corresponding assembly record in duplicate is unpacked and the certificate on state registration of the act of civil status is created. The assembly records and the certificate on state registration of the act of civil status issued electronically make sure by means of the digital signature of the chief of the registering body or person fulfilling its duties which issued the document.

The certificate on state registration of acts of civil status, issued on paper, are fastened with the signature of the chief of registering body or person fulfilling its duties, official stamp of the registering body which issued the document.

16. The data specified in the certificate on state registration of the act of civil status are registered "Issue of Stamp Forms" (further – the account magazine), in form, according to appendix 3 to these rules then the certificate is granted to uslugopoluchatel or goes to the State corporation.

17. In case of the address the result of rendering the state service, in the form of the certificate, the certificate of state registration of the act of civil status or the motivated answer of refusal in rendering the state service goes to the portal to uslugopoluchatel in electronic form, the official of the service provider certified by the EDS.

Also in case of the address on the portal the result of rendering the state service, in the form of the certificate on paper on state registration of the act of civil status goes to the State corporation which the uslugopoluchatel specified in the statement.

In case of the address to the service provider or in the State corporation the result of rendering the state service is issued to uslugopoluchatel or goes the service provider to the State corporation in the form of the certificate, the certificate of state registration of the act of civil status or the motivated answer of refusal in rendering the state service.

Certificates and certificates of state registration of the act of civil status, except for primary certificates on marriage (matrimony), on annulment of marriage (matrimony) according to the joint statement of spouses, primary and repeated certificates of birth after paternity proof (motherhood) based on the joint statement of parents of the child at the request of uslugopoluchatel go at the place of residence specified in the statement by means of mail service.

18. In case of identification of the bases for refusal in rendering the state service, according to Item 9 of the List of the main requirements to rendering the state service, the service provider:

on the state services on which it is established less than the three-day term of rendering the state service, creates refusal in rendering the state service;

on the state services exceeding three dnevny term of rendering, the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 working days from the date of the notification.

By results of hearing the service provider makes state registration of the act of civil status, makes changes, corrections, amendments, cancels or recovers records of the act of civil status, writes out the certificate, the repeated certificate or the certificate of state registration of the act of civil status, or creates motivated refusal in rendering the state service

19. In the State corporation issue of ready documents is performed based on the receipt on acceptance of the relevant documents, in case of presentation of the identity certificate (or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified).

The state corporation provides document storage, within 1 (one) month then transfers them to the service provider for further storage.

In case of the address of uslugopoluchatel after 1 (one) month, at the request of the State corporation the service provider within 1 (one) working day sends ready documents to the State corporation for issue to uslugopoluchatel.

Chapter 2. Procedure for state registration of the birth of the child, modification, amendments of assembly record about state registration of the birth in connection with change of name, middle name, surname, paternity proof (motherhood), adoption (adoption) of the child

20. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service, is provided in the List of the main requirements to rendering the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" (further – the List of the main requirements to rendering the state service about registration of the birth) according to appendix 4 to these rules.

21. For state registration of the birth of the child parents or other interested persons no later than three working days since the birth of the child submit the application for state registration of the birth of the child (further - the statement for the birth) to any registering body, to akims of settlements, villages, rural districts or the State corporation in writing at the request of the applicant, or in electronic form by means of the portal, according to appendix 5 to these rules.

In case of the birth of the dead child and the child who died on the first week of life, the application is submitted by the responsible official of the medical organization, no later than one working day from the moment of childbirth or the death of the child.

State registration of the child who was born the dead and the child who died on the first week of life is made in registering body no later than five days from the moment of childbirth or the death of the child.

The certificate of birth of the child who was born the dead is not issued. Concerning the child who was born the dead the certificate of state registration of the deadborn child is issued.

Based on the constituted records of acts of the birth and death the certificate or the notification on death is granted. At the request of parents the certificate of state registration of the birth of the child is issued.

State registration of the birth can be pro-active method, including without statement of uslugopoluchatel at the initiative of the service provider by means of information systems of the service provider and state bodies in case of registration of telephone number of the subscriber structure of cellular communication of uslugopoluchatel on the web portal of "the electronic government" www.egov.kz and include:

1) sending automatic notifications to uslugopoluchatel with request for rendering the birth to state registration;

2) receipt of consent of uslugopoluchatel to rendering pro-active service, and also other necessary data from uslugopoluchatel, including limited access, by means of the subscriber structure of cellular communication of uslugopoluchatel.

22. At the choice of uslugopoluchatel state registration of the birth appears by the principle of "one statement" in total with the state services "Purpose of Social Payment to Case of Loss of the Income in Connection with Child Care of Age of One Year on Reaching It", "Statement on Queue of Children of Preschool Age (up to 6 Years) for the Direction in the Preschool Organizations", "Purpose of Benefits for the Birth of the Child and on Child Care".

23. In case of filing of application the uslugopoluchatel specifies data on the health certificate on the birth or the judgment on factual determination of the birth, being the basis for registration of the birth of the child, about identity documents and about marriage (matrimony) (with the registered scrap (matrimony) of parents).

State registration of the birth appears free of charge.

24. It is possible to make state registration of the birth of the minor child who was born outside the Republic of Kazakhstan in any registering body in the territory of the Republic of Kazakhstan at the request of parents or one of them irrespective of registration in foreign registering bodies in case of presentation of one of the following documents:

1) the original certificate about the birth;

2) copies of the birth record;

3) original of the health certificate on the birth.

In the absence of the above-stated documents, state registration of the birth is made based on the judgment about factual determination of the birth.

In case of presentation uslugopoluchately the original certificate about the birth the employee of the State corporation, the service provider makes from it the copy and returns the original to uslugopoluchatel.

25. In case of factual determination of completeness of filling of the statement and the enclosed documents (if necessary), the official responsible for document handling registers the adopted statement, enters data in IS ZAGS within 2 (two) working days from the date of receipt of the statement and the enclosed documents.

26. In cases of the birth of the child in the medical organization and lack of identity documents of mother, at the time of registration of the fact of the birth of the information about her are filled according to the statement of mother and according to the health certificate on the birth in which there is mark that the information about mother is written down from her words.

The health certificate arrives in IS ZAGS in electronic form.

The application is submitted by mother of the child in paper form to the employee of the service provider. The employee of the service provider verifies the data specified in the health certificate on the birth and in the statement then registers the statement for state registration of the birth in the magazine of statements.

In case of coincidence data within 2 (two) working days from the moment of filing of application the certificate of birth of the child is granted.

If the data specified in the statement of mother do not match the data specified in the health certificate on the birth, the motivated answer about refusal in rendering the state service is issued to uslugopoluchatel.

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

28. 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.

29. State registration of the birth of the child who reached one year and more is made by registering body based on the conclusion about state registration of the birth of the child who reached age of one year and more (further - the conclusion), in form, according to appendix 6 to these rules.

30. In case of the address based on the documents necessary for state registration of the birth of the child who reached one year and more, stipulated in Item 8 Lists of the main requirements to rendering the state service about registration of the birth material about the omission of term of registration is constituted, the head of registering body the conclusion affirms as one copy which is stored in registering body then the birth record in category "recovered" is registered and the certificate of birth of the child is granted.

In case of state registration of the birth of the child, according to Item 24 of these rules, after recovery of the birth record the notice on the made registration of the birth in the Republic of Kazakhstan goes to registering body in the place of issue of primary certificate of birth (in cases of primary registration of the birth in registering bodies beyond limits to the Republic of Kazakhstan).

31. For the modification, amendments of assembly record about state registration of the birth in case of change of name, middle name, surname uslugopoluchatel with application of documents specified in Item 8 of the List of the main requirements to rendering the state service on the birth files petition for change of name, middle name, surname in any registering body or the State corporation at will in writing, or in electronic form by means of the portal, according to appendix 7 to the presents of the Rule.

32. If record of the act of civil status is lost, change of name, middle name of surname is made only after its recovery according to the procedure, established by the Code.

33. If in the documents and copies of civil registrations provided along with the statement for change of name, middle name, surname there are discrepancies of data, such discrepancies are eliminated according to the procedure, established by the Code.

34. Change of name, middle name, surname in case of detection discrepancy of biographical particulars of uslugopoluchatel with the data specified in record of the act of civil status, or lack of signing up of the act of civil status in IS ZAGS is not allowed.

In such cases the uslugopoluchatel files the corresponding petition for recovery, modification, amendments or corrections of record of the act of civil status.

35. For the correct solution of question of change of name, middle name of surname and modification, corrections and amendments in case of registration of the act of civil status outside the Republic of Kazakhstan it is necessary to request from copies of civil registrations.

36. Based on the submitted documents, and also results of check, the registering body which adopted the statement constitutes the conclusion in form, according to appendix 8 to the specified Rules in which justification of change of name, middle name, surname is stated.

37. The conclusion about change of name, middle name, surname is constituted in one copy, sealed official and by the signature of the official of registering body.

38. The data which are subject to change in connection with change of name, middle name, surname in the corresponding birth records are introduced based on the conclusion about change of name, middle name, surname and in confirmation of the made change of name, middle name, surname the appropriate certificate about the birth is granted.

39. The registering body on change of name, middle name, surname makes corresponding changes to the birth record (if necessary) in IS ZAGS, creates the certificate of birth and sends notices to registering body in the location of the birth record (in the first (if necessary) and/or the second copies) for modification in connection with change of name, middle name, surname.

40. Modification of the birth record is made within fifteen calendar days from the date of receipt of the notice.

41. After change of name, middle name, surname and receipt of supporting documents (in case of modification of the birth record - the certificate of birth) the citizen needs to make replacement of identity documents in a month.

42. For the modification, amendments of assembly record about state registration of the birth of the child in case of paternity proof (motherhood) uslugopoluchatel with application of documents specified in Item 8 of the List of the main requirements to rendering the state service on registration of the birth files petition:

about paternity proof (motherhood) based on the joint statement of parents of the child, in any registering body, to akims of settlements, villages, rural districts at will in writing, or in electronic form by means of the portal, according to appendix 9 to these rules;

about paternity proof (motherhood) of person recognizing himself as the child's father in cases of death of mother, the announcement of mother who died of recognition of mother it is unknown absent, recognitions of mother incapacitated, deprivations or restrictions of mother in the parent rights, impossibility of establishment of the residence of mother, in any registering body, to akims of settlements, villages, rural districts at will in writing, or in electronic form by means of the portal, according to appendix 10 to these rules;

about paternity proof (motherhood) by a court decision about paternity proof, and also factual determination of recognition of paternity and the fact of paternity in any registering body, to akims of settlements, villages, rural districts at will in writing, or in electronic form by means of the portal, according to appendix 11 to these rules, mother of the child or other interested persons.

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