Order of the Minister of Justice of the Republic of Kazakhstan "About approval of standards of the state services in questions of registration of acts of civil..."

The document ceased to be valid since June 13, 2020 according to Item 2 of the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 28, 2020 No. 64

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2015 No. 219

About approval of standards of the state services in questions of civil registration and apostilization

(as amended on 22-07-2019)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" of April 15, 2013 No. 88-V,PRIKAZYVAYu:

1. Approve enclosed:

1) the Standard of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" according to appendix 1 to this order;

2) the Standard of the state service "Registration of Marriage (Matrimony), including Modification, Amendments and Corrections in Civil Registration" according to appendix 2 to this order;

3) the Standard of the state service "Issue of Repeated Certificates or Certificates of Civil Registration" according to appendix 3 to this order;

4) the Standard of the state service "Paternity Proof Registration, including Entering of Changes, Amendments and Corrections into Civil Registrations", according to appendix 4 to this order;

5) the Standard of the state service "Registration of Change of Name, Middle Name, Surname, including Introduction of Changes, Amendments and Corrections in Civil Registration" according to appendix 5 to this order;

6) the Standard of the state service "Recovery of Civil Registrations" according to appendix 6 to this order;

7) the Standard of the state service "Registration of Death, including Introduction of Changes, Amendments and Corrections in Civil Registration", according to appendix 7 to this order;

8) The standard of the state service "Registration of Adoption (Adoption), including Introduction of Changes, Amendments and Corrections in Civil Registration" according to appendix 8 to this order;

9) the Standard of the state service "Registration of Annulment of Marriage (Matrimony including Entering of Changes, Amendments and Corrections into Civil Registrations" according to appendix 9 to this order;

10) the Standard of the state service "Apostilization of the Official Documents Coming from Judicial Authorities and Other State Bodies, and also Notaries of the Republic of Kazakhstan" according to appendix 10 to this order;

11) the Standard of the state service "Cancellation of Civil Registrations" according to appendix 11 to this order".

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

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

4. This order becomes effective on the expiration of ten calendar days after day of its first official publication.

Minister of Justice of the Republic of Kazakhstan

B. Imashev

It is approved

Minister of investments and development of the Republic of Kazakhstan

May 15, 2015

_________________ Isekeshev A. O.

It is approved

Minister of Finance of the Republic of Kazakhstan

"___ " ____________ 2015

_________________ Sultanov B. T.

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 Justice of the Republic of Kazakhstan of April 17, 2015 No. 219

Standard of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration"

Chapter 1. General provisions

1. The state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" (further – the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry).

3. The state service appears local executive bodies (further - MIO) Nour-Sultan's cities, Almaty and Shymkent, areas and the cities of regional value (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed on alternative basis through:

1) MIO of the cities of Nour-Sultan, Almaty and Shymkent, areas and the cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts;

2) the non-commercial The Government for Citizens State corporation joint-stock company (further - the State corporation);

3) the web portal of "the electronic government" www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package:

to the service provider or in the State corporation – 2 (two) working days (day of acceptance does not enter rendering the state service in time);

in case of filing of application about the child's birth after three working days from the date of its birth, the state service is rendered within 7 (seven) working days;

in need of additional verification of documents, stipulated in Item 9 these standards of the state service, the term of rendering service is prolonged no more than for 30 (thirty) calendar days, with the notification of uslugopoluchatel within 3 (three) calendar days from the moment of prolongation of term of consideration;

the statement for modification, amendments and corrections in record of the act of civil status - 7 (seven) working days (day of acceptance does not enter rendering the state service in time), in need of request in other state bodies, term of rendering service is prolonged no more than for 30 (thirty) calendar days, with the notification of uslugopoluchatel within 3 (three) calendar days;

on the portal – receipt of the notification regarding confirmation of adoption of the statement - 1 (one) working day;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel:

to the service provider – 20 (twenty) minutes;

in the State corporation – 15 (fifteen) minutes;

3) the most allowed time of servicing of uslugopoluchatel:

the service provider – 20 (twenty) minutes;

in the State corporation – 15 (fifteen) minutes.

5. Form of rendering the state service: electronic/paper.

6. Result of rendering the state service:

the certificate of birth, the repeated certificate of birth with the made changes, amendments and corrections or the motivated answer about refusal in rendering the state service on paper in case of presentation of the identity document, in cases and on the bases, stipulated in Item 10 these standards of the state service.

On the portal 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 in cases and on the bases, stipulated in Item 10 these standards of the state service goes to "private office" of uslugopoluchatel.

Form of provision of result of rendering the state service: paper.

7. The state service is rendered to for a fee/free of charge physical persons (further – uslugopoluchatel).

1) state registration of the birth appears free of charge;

2) for issue of the certificate in connection with change, amendment, correction and recovery of the birth statement the state fee in the amount of 0,5 of monthly settlement indicators is collected.

The amount of the state fee is estimated at the rates, according to article 612 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)" and enlisted in the place of making of legally significant actions and (or) issues of documents by authorized state bodies or officials.

In the State corporation the state fee is paid through bank institutions which issue the payment document confirming the size and payment date.

When giving electronic request for rendering the state service through the portal payment is performed through payment gateway of "the electronic government" (further – PShEP).

8. Working schedule:

1) the service provider – Monday through Friday inclusive, except 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 Monday through Friday inclusive from 09:00 till 17:30 o'clock, break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

The state service is rendered in turn, without making an appointment and the accelerated servicing;

2) the 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 the place of permanent registration of one of parents or in the birthplace of the child without the accelerated servicing, booking of electronic queue by means of the portal is possible;

3) the portal – round the clock, except for the technical breaks connected 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. The list of necessary documents for registration of the birth in case of the address of uslugopoluchatel to the service provider or in the State corporation:

1) the statement for state registration of the birth (further - the statement) in form according to appendix 1 to this standard of the state service;

2) the identity document of parents or the representative under notarially certified power of attorney (for identification of the personality);

3) the copy of the certificate on marriage (matrimony) of parents (persons which registered scrap after 2008 in the territory of the Republic of Kazakhstan do not represent the copy of the certificate);

4) health certificate on the birth or copy of the judgment on factual determination of the birth;

5) notarially certified power of attorney, in case of the address of the representative of uslugopoluchatel;

foreigners in addition represent:

6) the foreigners and persons without citizenship who are constantly living or temporarily staying in the Republic of Kazakhstan submit the identity documents corresponding to the status.

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

The foreigner who is temporarily staying in the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan "About legal status of foreigners" shows migratory card, resolving temporary residence 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 person without citizenship which is temporarily staying in the Republic of Kazakhstan shows the document proving his identity, issued by competent authorities of the country of its accommodation and registered in law-enforcement bodies of the Republic of Kazakhstan.

Along with production of documents, proving the identity, represent notarially attested translation of their text on Kazakh or Russian.

In case of the address on the portal (for citizens of the Republic of Kazakhstan regarding registration of the birth):

1) the electronic statement certified 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 document, about civil registration (the registered documents, after 2008 in the territory of the Republic of Kazakhstan are not attached).

Data on identity documents of uslugopoluchatel, on the health certificate on the birth, registration certificates of acts of civil status if registration was made after 2008 in the territory of the Republic of Kazakhstan, the service provider receives from the corresponding state information systems through lock of "the electronic government".

In case of filing of application about the child's birth after three working days from the date of its birth are in addition applied:

1) explanatory parents;

2) the certificate of registering body of lack of the birth record in the birthplace of the child and the residence of parents (except the children born after 2008 in the territory of the Republic of Kazakhstan);

3) the health declaration of the child in the place of its accommodation issued no later than 7 (seven) working days from the moment of the address (except for newborn children up to two months which are given rise in the territory of the Republic of Kazakhstan) in the form approved by the order of the acting minister of health care of the Republic of Kazakhstan "About approval of forms of primary medical documentation of the organization of health care" of November 23, 2010 No. 907 (it is registered in the Register of state registration of regulatory legal acts No. 6697);

4) notarially certified power of attorney in case of the address of the representative of uslugopoluchatel.

In case of documents acceptance of MIO of the cities of Nour-Sultan, Almaty and Shymkent of areas and cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts or the employee of the State corporation verifies copies of documents then returns originals to uslugopoluchatel.

If registration was made after 2008 in the territory of the Republic of Kazakhstan, the service provider and the employee of the State corporation receives data on identity documents of uslugopoluchatel, and also registration certificates of acts of civil status from the corresponding state information systems through lock of "the electronic government".

The list of necessary documents for modification, amendments and corrections of the birth record in case of the address of uslugopoluchatel to the service provider or in the State corporation:

1) the statement for modification, amendments and corrections in form according to appendix 2 to this standard of the state service;

2) the identity document (for identification of the personality);

3) the certificate of birth (in case of loss of the certificate to specify about it in the statement;

4) the documents confirming need of modification, amendment and correction;

5) the document confirming payment in the budget of the state fee or the document which is the basis for provision of tax benefits;

6) notarially certified power of attorney, in case of the address of the representative of uslugopoluchatel.

The citizens of the Republic of Kazakhstan who are constantly living abroad, and also the foreigners and stateless persons which registered acts of civil status in registering bodies of the Republic of Kazakhstan of the statement for modification, amendments and corrections in the available civil registrations move through foreign institutions of the Republic of Kazakhstan in registering body on the storage location of the primary record.

When rendering the state service the uslugopoluchatel represents the written consent to use of the data which are the secret protected by the law, containing in information systems if others are not provided by the laws of the Republic of Kazakhstan.

On the portal acceptance of electronic request is performed in "private office" of uslugopoluchatel. Documents are presented in the form of electronic copies of the documents certified by the EDS of uslugopoluchatel.

When giving by uslugopoluchatel, the documents specified in Item 9 of this standard by confirmation of adoption of the statement:

1) MIO of the cities of Nour-Sultan, Almaty and Shymkent of areas and cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts confirmation of adoption of the statement on paper is mark about registration with indication of date and time of acceptance of document package;

2) through the portal – in "private office" of uslugopoluchatel the status about acceptance of request and about procedure for receipt of result of rendering the state service is displayed;

3) in the State corporation the receipt is issued with indication of: numbers and dates of acceptance of request, type of required state service, quantity and the name of the enclosed documents, date (time) and the place of issue of documents, surname, name, middle name of the employee of the State corporation who adopted the statement on document creation, surnames, name, middle name (in case of its availability) uslugopoluchatel, surname, name, middle name (in case of its availability) the authorized representative and their contact telephone numbers.

Issue of ready documents is performed in the State corporation based on the receipt, in case of presentation of the identity certificate of uslugopoluchatel (or his representative under the notarized power of attorney).

The state corporation provides storage of result within one month then transfers them to the service provider for further storage. In case of the address of uslugopoluchatel after one month, at the request of the State corporation the service provider within one working day sends ready documents to the State corporation for issue to uslugopoluchatel.

9-1. In case of change of biographical particulars of the child who reached ten years its consent in writing is in addition submitted.

10. The service provider refuses rendering the state services 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, supplied and the information necessary for rendering the state service, to requirements of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family", to the Laws of the Republic of Kazakhstan "About identity documents" and "About national registers of identification numbers", the 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" (it is registered in the Register of state registration of regulatory legal acts No. 10764).

In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these standards of the state service, and (or) documents with the expired effective period the service provider or the employee of the State corporation refuses reception of an application, at the same time the employee of the State corporation issues the receipt on refusal in documents acceptance in form, according to appendix 3 to this standard of the state service.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials, the State corporation and (or) their workers concerning rendering the state services

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 14 of this standard of the state service.

The claim to actions (failure to act) of officials, and also to solutions of subject moves to the higher official or the subject according to the procedure of subordination no later than three months since the moment when the physical person or legal entity knew of making of action either decision making by appropriate subject or the official. The term passed for appeal is not the basis for the subject or the official to refusal in consideration of the claim. The reasons of the omission of term become clear by consideration of the claim in essence and can be one of the bases to refusal in grievance settlement.

In case of disagreement with results of the rendered state service the uslugopoluchatel can address 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 15 (fifteen) working days from the date of its registration.

In disagreement cases with results of the rendered state service, the uslugopoluchatel can take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

The claim is submitted in writing by mail, by means of the web portal of "the electronic government", or purposely through office of the service provider, the Ministry.

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.

Confirmation of adoption of the claim in the State corporation, the Ministry which arrived as if on purpose, and mail, is its registration (stamp, the entering number and registration date are put down on the second copy of the claim or the cover letter to the claim).

In case of the address through the portal information on procedure for appeal can be obtained 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 "private office" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

The claim of uslugopoluchatel which arrived to the service provider or the State corporation 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 uslogupoluchatel by mail, by means of the web portal of "the electronic government", or is issued purposely in office of the service provider or the State corporation.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel can take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

13. Uslugopoluchatelyam of the functions of organism having violation of health with permanent frustration limiting its activity, in case of need documents acceptance, for rendering the state service, is made by the worker the State corporation with departure at the place of residence by means of the address through Single contact center 1414, 8 800 080 7777.

14. Addresses of places of rendering the state service are placed on Internet resources of the service provider and the www.gov4c.kz State corporation;

15. Uslugopoluchatel receives the state service electronically through the portal on condition of availability of the EDS or use of 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.

16. Uslugopoluchatel obtains information on procedure and the status of rendering the state service in the mode of remote access by means of Single contact center 1414, 8 800 080 7777.

Appendix 1

to the Standard of the state service "Registration of the Birth of the Child, including Modification, Amendments of Corrections in Civil Registration"

Form

IN __________________________________

(name of registering body)

from _________________________________

(name, middle name (in case of its availability),

__________________________________

surname of the applicant)

living to the address:

___________________________________

ph. No. _____________________________

Statement for state registration of the birth

Information about the child:

The name ___________________________ Middle name (in case of its availability) __________

Фамилия______________________________________________________________

Birth date "____" ____________ 20 __ years of Paule _____________________

Birthplace of the child ______________________________________________

What child at mother ________________________________________

Data on the document confirming the fact of the birth of the child

_____________________________________________________________________

Legal address of the child ___________________________________________

Information about mother:

The name ____________________ Middle name (in case of its availability) _________________

Surname _____________________________________________________________

Birth date "____" __________ 20 ___ years Nationality ___________

Age _____________________________________________________________

Nationality _________________________________________________________

Education _________________________________________________________

Place of employment and position ____________________________________________

Marital status __________________________________________________

Date and place of registration of scrap (matrimony) ________________________

Number of assembly record about scrap (matrimony) __________________________

Legal address ___________________________________________________

Information about the father:

The name ____________________ Middle name (in case of its availability) _________________

__________________________________________ __________________ surname

Birth date "___" _________ 20 ___ years Nationality _____________