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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, modification, recovery, cancellation of civil registrations

(as amended on 13-08-2021)

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, modification, recovery, cancellation of civil registrations.

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.

Minister

B. Imashev

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, modification, recovery, cancellation of civil registrations

Chapter 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) 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 other regulatory legal acts of the Republic of Kazakhstan in the field of the marriage legislation.

Rules determine procedure for the organization by registering bodies of state registration of the birth, death, marriage (matrimony), annulment of marriage (matrimony), change of name, middle name, surname, modification, amendments, including in case of paternity proof (motherhood), adoption (adoption), corrections, recovery, cancellation of civil registrations, and also issue 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) registering body - the local executive body performing state registration of acts of civil status;

2) the information system "Registration Item REGISTRY OFFICE" (further - IS ZAGS) - the information system intended for the state registration of acts of civil status, also introduction of changes in them, corrections, amendments, cancellation and recovery in electronic form containing data the constituting personal data of physical persons;

3) individual identification number (further - IIN) - the unique number created for physical person, including the individual entrepreneur performing activities in the form of personal entrepreneurship;

4) non-commercial joint-stock company "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, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

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 electronically, provided at the initiative of the subject of rendering services which rendering requires the obligatory consent of the subject of receipt of service provided by means of the subscriber structure of cellular communication;

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.

The organization of civil registration of residents of the village, settlement, rural district is performed by local executive bodies of areas in the city, the cities of district value, akims of settlements, villages, rural districts according to article 179 of the Code.

For the purpose of protection and maintaining confidentiality of electronic information resources and information systems access to IS ZAGS 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), change of name, middle name, surname;

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

3) grant primary and repeated certificates, references, copies of civil registrations;

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 akimat 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.

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

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).

Also the documents issued outside the Republic of Kazakhstan in language of the corresponding foreign state are subject to the translation on state 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, changes of surname, name, middle name and modification, amendments in assembly record about state registration of the birth in case of 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 of November 23, 2015, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

10. According to the subitem 11) of Item 2 of article 5 of the Law local executive bodies (further - MIO) Nour-Sultan's cities, Almaty and Shymkent, areas and the cities of regional value (further - the service provider) are provided by entering of data into IIS "Monitoring" on stage of rendering the state service according to the procedure, established by authorized body in the sphere of informatization.

11. In case of failure of information system the service provider without delay notifies the employee of MIO and Department of justice of areas, the cities Nour-Sultan, Almaty and Shymkent responsible for information and communication infrastructure.

In this case responsibles for information and communication infrastructure undertake measures for determination of the reason of failure of information system and within 1 (one) working day constitutes 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 to the 8th the standard of rendering the state service, 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 only in electronic form is allowed.

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.

When giving by uslugopoluchatel of all necessary documents, the notification on setting a date of issue of result of the rendering the state service in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider or the motivated answer about refusal in rendering the state service in electronic form goes to "private office".

14. In representation cases uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 standards of rendering the state service, and (or) documents with the expired effective period, false information the service provider refuses rendering the state service in the form of motivated refusal, on the bases, stipulated in Item to the 9th the standard of rendering the state service.

The refusal in rendering 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 to regulations of the current legislation 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.

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. Assembly records and the certificate on state registration of the act of civil status are signed by the head of registering body or person fulfilling its duties.

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 on the portal the result of rendering the state service, in the form of the certificate of state registration of the act of civil status or the motivated answer of refusal in rendering the state service goes 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 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 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 paternity proof (motherhood), adoption (adoption) of the child

19. 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 standard of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" (further - the standard about the birth) according to appendix 4 to these rules.

20. 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, MIO of areas in the city, the cities of district value, 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 and based on the birth record the certificate of still birth or of the birth of the child who died on the first week of life according to appendix 6 to these rules is issued.

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