of April 13, 2015 No. 198
About approval of standards of the state services rendered in the field of family and children
According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:
1. Approve:
1) the Standard of the state services "Issue of References on Guardianship and Custody" according to appendix 1 to this order;
2) the Standard of the state services "Establishment of Guardianship Or Custody over the Orphan Child (Orphan Children) and Child(children), Without Parental Support" according to appendix 2 to this order;
3) the Standard of the state services "Issue of References for the Order Property of Minors" according to appendix 3 to this order;
4) the Standard of the state services "Provision of Free Transportation to the General Education Organizations and Back Home to the Children Living in the Remote Rural Items" according to appendix 4 to this order;
5) the Standard of the state services "Provision of Free and Preferential Food to Separate Categories of Students and Pupils at Comprehensive Schools" according to appendix 5 to this order;
6) the Standard of the state services "Purpose of Allowance Payment to Guardians or Custodians to Content of the Orphan Child (Orphan Children) and Child(children), Without Parental Support" according to appendix 6 to this order;
7) the Standard of the state services "Broadcast of Child(children) on Foster Education and Purpose of Payment of Money to Content of Child(children) Transferred to Foster Tutors" according to appendix 7 to this order;
8) The standard of the state services "Registration of Persons Wishing to Adopt Children" according to appendix 8 to this order;
9) the Standard of the state services "Accreditation or Prolongation of Term of Accreditation of the Agency on Adoption" according to appendix 9 to this order;
10) No. 435 is excluded according to the Order of the Minister of Education and Science of the Republic of Kazakhstan of 07.10.2019
11) the Standard of the state services "Purpose of Lump Money Payment in connection with Adoption of the Orphan Child and (or) Child, Without Parental Support" according to appendix 11 to this order;
12) the Standard of the state services "Documents Acceptance and Issue of the Directions on Provision of Rest in Country and School Camps to Separate Categories of Students and Pupils of Public Institutions of Education" according to appendix 12 to this order;
13) the Standard of the state services "Issue of Permission to the Appointments to the Child to the Parents Deprived of the Parent Rights, Which Are Not Exerting Negative Impact on the Child" according to appendix 13 to this order;
14) the Standard of the state services "Broadcast of Child(children) on Education in Foster Home and Purpose of Payment of Money to Their Content" according to appendix 14 to this order;
15) the Standard of the state services "Issue of the Decision of Guardianship and Custody Body on Accounting of Opinion of the Child Who Reached Ten-year Age" according to appendix 15 to this order.
2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (Orazaliyeva Z. Zh.) in the procedure established by the legislation to provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its official publication;
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 Imangaliyev E. N.
4. This order becomes effective from the date of its first official publication.
Minister of Education and Science of the Republic of Kazakhstan
A. Sarinzhipov
It is approved Acting minister Minister of investments and development of the Republic of Kazakhstan "___" _______________ 2015 |
___________________ Kasymbek Zh. M. |
It is approved Minister of national economy of the Republic of Kazakhstan "___" _______________ 2015 |
___________________ Dosayev E. A. |
Appendix 1
to the Order of the Minister of Education and Science of the Republic of Kazakhstan of April 13, 2015 No. 198
1. The state service "Issue of References on Guardianship and Custody" (further - the state service).
2. The standard of the state service is developed by the Ministry of Education and Science of the Republic of Kazakhstan (further - the Ministry).
3. The state service appears local executive bodies of the cities of Nour-Sultan, Almaty and Shymkent, areas and cities of regional value (further - the service provider).
Reception of an application and issue of result of rendering the state service are performed through the web portal of "the electronic government" www.egov.kz (further - the portal).
4. The term of rendering the state service from the moment of delivery of document package on the portal - 30 (thirty) minutes.
5. Form of rendering the state service - electronic (completely automated).
6. Result of rendering the state service - the reference about guardianship and custody in form according to appendix to this standard of the state service or the motivated answer about refusal in rendering the state service in cases and on the bases, provided in Item 10 of this standard of the state service.
Form of provision of result of rendering the state service - electronic.
The result of rendering the state service goes by means of the portal to "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider.
7. The state service is rendered to free of charge physical persons (further - uslugopoluchatel).
8. Working schedule of the portal: round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).
9. List of the documents necessary for rendering the state service:
1) the application in electronic form signed by the EDS of uslugopoluchatel or certified by the one-time password in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal.
On the portal acceptance of electronic request is performed in "personal account" of uslugopoluchatel.
The service provider receives data on identity documents, the certificate of birth of the child (in the absence of data in the information system "Registration Item REGISTRY OFFICE") from the corresponding state information systems through lock of "the electronic government".
When giving the uslugopoluchatel of documents according to Item 9 of this standard of the state service, in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service, and also the notification.
Uslugopoluchatel receives the state service electronically through the portal on condition of availability of the EDS or by means of certified by the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal.
10. The service provider refuses rendering the state service in the following bases:
1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;
2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by 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";
3) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.
11. Appeal of decisions, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services: the claim is submitted addressed to the head of the service provider to the addresses specified in Item 13 of this standard of the state service.
The claim is submitted in writing by mail or purposely through office of the service provider, and also by means of the portal.
In the claim of physical person its surname, name, middle name (is entered in case of its availability), the postal address, contact telephone number.
Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.
In case of the address through the portal information on procedure for appeal is provided by phone Single contact center 1414, 8 800 080 7777.
When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).
The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by mail or is issued purposely in office of the service provider.
In case of disagreement with results of the rendered state service, the uslugopoluchatel addresses with the claim to authorized body by assessment and control of quality of rendering the state services.
The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.
12. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.
13. Addresses of places of rendering the state service are placed on:
1) the Internet - resource of the Ministry: www.edu.gov.kz;
2) portal: www.egov.kz.
14. Uslugopoluchatel receives the state service electronically through the portal on condition of EDS availability.
15. Uslugopoluchatel obtains information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also Single contact - the center 1414, 8 800 080 7777.
16. Contact telephone numbers of service desks of the service provider concerning rendering the state service are placed on Internet resources of the Ministry www.edu.gov.kz.
to the Standard of the state service "Issue of references on guardianship and custody"
Form
The reference about guardianship and custody
This reference about guardianship and custody is issued to the citizen
_______________________________________________________________________________,
(First name, middle initial, last name (in case of its availability)
living to the address _____________________________________________________,
that he (she) according to the resolution of akimat (the city, the area)
____________№ __________ from "______" ____________ 20 ___ years it is really appointed
guardian (custodian)
(necessary to emphasize)
over ребенком__________________________________ "______" ______________ year of birth
(First name, middle initial, last name (in case of its availability)
and over his (her) property on адресу:________________________________________________
Minor's mother: _______________________________________________________
________________________________________________________________________________
(Full name (in case of its availability), absence reason)
Father несовершеннолетнего:________________________________________________________
________________________________________________________________________________
(Full name (in case of its availability), absence reason)
The obligation of education, training, preparation is assigned to the guardian (custodian) to
socially useful activities of the ward to protect and protect its personal
property rights to be his representative in court and in all state
organizations without special confirmation of powers.
Head of local executive body of the cities Nur-Sultan, Almaty and Shymkent, areas and cities of regional value
___________________ ____________________ First name, middle initial, last name (in case of its availability)
(signature)
Locus sigilli
Appendix 2
to the Order of the Minister of Education and Science of the Republic of Kazakhstan of April 13, 2015 No. 198
1. The state service "Establishment of Guardianship Or Custody over the Orphan Child (Orphan Children) and Child(children), Without Parental Support" (further - the state service).
2. The standard of the state service is developed by the Ministry of Education and Science of the Republic of Kazakhstan (further - the Ministry).
3. The state service appears local executive bodies of the cities of Nour-Sultan, Almaty and Shymkent, areas and cities of regional value (further - the service provider).
Reception of an application and issue of result of rendering the state service are performed through:
1) non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation);
2) the web portal of "the electronic government" www.egov.kz (further - the portal).
4. Terms of rendering the state service:
1) from the moment of delivery of documents in the State corporation, and also in case of the address on the portal - 19 (nineteen) working days.
In case of the appeal to the State corporation day of documents acceptance does not enter rendering the state service in time. The service provider provides delivery of result of the state service in the State corporation, not later than days before the expiration of rendering the state service;
2) the most allowed time of expectation for delivery of documents of the State corporation - 15 minutes;
3) the most allowed time of servicing in the State corporation - 15 minutes.
5. Form of rendering the state service - electronic (partially automated) and (or) paper.
6. Result of rendering the state service - the resolution of akimat of the cities of Nour-Sultan, Almaty and Shymkent, the area and city of regional value on establishment of guardianship or custody in form according to appendix 1 to this standard of the state service or the motivated answer about refusal in rendering the state service, on the bases of stipulated in Item 10 these standards of the state services.
Form of provision of result of rendering the state service - electronic and (or) paper.
In case of the request of uslugopoluchatel for result of rendering the state service on paper the result of rendering the state service is drawn up electronically, unpacked, certified by seal and the authorized signature of the service provider.
On the portal the result of rendering the state service goes and kept in "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider.
7. The state service is rendered to physical persons (further - uslugopoluchatel) free of charge.
8. Working schedule:
1) State corporation: Monday through Saturday inclusive according to the established working schedule from 9:00 till 20:00 o'clock without interruption for lunch, except for Sundays and holidays, according to the labor law.
Acceptance is performed according to the procedure of "electronic" queue, in place of registration of uslugopoluchatel, or in place of registration of the minor needing guardianship without the accelerated servicing, "booking" of electronic queue by means of the portal is possible.
2) portal: round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).
9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel:
in the State corporation:
1) the statement in form according to appendix 2 to this standard of the state service;
2) the identity document of uslugopoluchatel (it is required for identification of the personality);
3) the notarized consent of the spouse (-and) if is married;
4) health declarations of uslugopoluchatel and the spouse (-and) if is married, confirming absence of diseases according to the list approved by the order of the Minister of health and social development of the Republic of Kazakhstan of August 28, 2015 No. 692 "About approval of the list of diseases in the presence of which person cannot adopt the child accept it under guardianship or custody, patronage" (further - the order No. 692) (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 12127), and also certificates of lack of data on condition on accounting in narcological and psychiatric dispensaries according to form, the Republic of Kazakhstan approved by the order of the acting minister of health care "About approval of forms of primary medical documentation of the organizations of health care" of November 23, 2010 No. 907 (further - the order No. 907) (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 6697);
5) the copy of the certificate on marriage if is married, in the absence of data in the information system "Registration Item REGISTRY OFFICE" (further - IS the REGISTRY OFFICE) or outside the Republic of Kazakhstan;
6) the copy of the certificate of birth of child(children), in the absence of data in IS the REGISTRY OFFICE or outside the Republic of Kazakhstan (the original is required for identification);
7) copies of the documents confirming the fact of lack of care over the child of the only thing or both parents (the death certificate, the judgment about deprivation of parents of the parent rights, their restriction in the parent rights, recognition of parents is unknown absent, incapacitated (it is limited by capable), the announcement their dead, the court verdict about serving by parents of punishment in places of detention, the documents confirming search of parents, confiscation of child(children) at parents, finding of parents on long-term treatment in the organizations of health care, the act of tossing of child(children), the declaration of abandonment of child(children), the certificate of the birth (in the absence of data in IS the REGISTRY OFFICE) in the form approved by the order of the Minister of Justice of the Republic of Kazakhstan "About approval of Rules of the organization of state registration of acts of civil status, modification, recovery cancellations of civil registrations" of February 25, 2015 No. 112 (further - the order No. 112) (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 10764);
8) data on the income of uslugopoluchatel and (or) the spouse (-and) if is married;
9) copies of the documents confirming right to use by the dwelling of uslugopoluchatel and (or) the spouse (-and) (in case of lack of the property right to housing);
10) opinion of child(children) (in case of achievement of age of ten years).
Documents are submitted in originals for reconciliation then originals return to uslugopoluchatel;
on the portal:
1) the application in electronic form signed by the EDS of uslugopoluchatel or certified by the one-time password in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;
2) the electronic copy of notarized consent of the spouse (-and) if is married;
3) the electronic copy of the health declaration of uslugopoluchatel and the spouse (-and) if is married, confirming absence of diseases according to the list approved by the order No. 692, and also certificates of lack of data on condition on accounting in narcological and psychiatric dispensaries according to the form approved by the order No. 907;
4) the electronic copy of the certificate on marriage if is married, in the absence of data in IS the REGISTRY OFFICE or outside the Republic of Kazakhstan;
5) the electronic copy of the certificate of birth of child(children), in the absence of data in IS the REGISTRY OFFICE or outside the Republic of Kazakhstan (the original is required for identification);
6) electronic copies of the documents confirming the fact of lack of care over the child of the only thing or both parents (the death certificate, the judgment about deprivation of parents of the parent rights, their restriction in the parent rights, recognition of parents is unknown absent, incapacitated (it is limited by capable), the announcement their dead, the court verdict about serving by parents of punishment in places of detention, the documents confirming search of parents, confiscation of child(children) at parents, finding of parents on long-term treatment in the organizations of health care, the act of tossing of child(children), the declaration of abandonment of child(children), the certificate of the birth (in the absence of data in IS the REGISTRY OFFICE) in the form approved by the order No. 112 (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 10764);
7) electronic copies of documents on the income of uslugopoluchatel and (or) the spouse (-and) if is married;
8) electronic copies of the documents confirming right to use by the dwelling of uslugopoluchatel and (or) the spouse (-and) (in case of lack of the property right to housing);
9) the electronic copy of opinion of child(children) (in case of achievement of age of ten years).
In case of the address through the portal to uslugopoluchatel the status about acceptance of request for the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "personal account".
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The document ceased to be valid since May 9, 2020 according to the Order of the Minister of Education and Science of the Republic of Kazakhstan of April 24, 2020 No. 158