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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 85

About approval of Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan

(as amended on 18-10-2021)

According to article 30 of the Law of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan", article 4 of the Law of the Republic of Kazakhstan "About legal status of foreigners" PRIKAZYVAYU:

1. Approve the enclosed Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to department of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

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

3) the direction of the copy of this order within ten calendar days from the date of its registration in the Republican state company on the right of economic maintaining "Republican the center of legal information" the Ministries of Justice of the Republic of Kazakhstan;

4) placement of this order on official Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

4. To department of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan, Departments of internal affairs of the cities of Astana, Almaty and areas:

1) to organize studying of this order by staff of divisions of migratory police and to provide strict execution of its requirements;

2) to provide production of forms of questionnaires statements, references and magazines (appendix 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, 13 to Rules).

5. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan Turgumbayev E. Z. and Department of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Sainov S. S.).

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

Minister police colonel general

K. Kasymov

Appendix 1

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 28, 2016 No. 85

Regulations of Admission, registrations and considerations of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of acceptance of registration and consideration of petitions (statements) by law-enforcement bodies concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including, in the simplified (registration) procedure for getting out of nationality of the Republic of Kazakhstan (further - Rules) are developed according to article 30 of the Law of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan" (further the Law), article 4 of the Law of the Republic of Kazakhstan "About legal status of foreigners".

2. In these rules the following terms are used:

1) the applicant – person who submitted the appeal to administrative authority, to the official for implementation of ministerial procedure and also person concerning whom the administrative act is adopted is made administrative action (failure to act) (the addressee of the administrative act);

2) the administrative act – the decision made by administrative authority, the official in the public relations, exercising the rights established by the laws of the Republic of Kazakhstan and obligation of certain person or individually certain group of people;

3) administrative authority – state body, local government body, the state legal entity, and also other organization which according to the laws of the Republic of Kazakhstan are given authority on adoption of the administrative act, making of administrative action (failure to act);

4) ministerial procedure is the activities of administrative authority, the official for consideration of administrative case, acceptance and execution on it of the decision made based on the address or on own initiative and also the activities performed according to the procedure of the simplified ministerial procedure;

5) citizens of the former federal republics are citizens of the former Union of Soviet Socialist Republics;

6) the rehabilitated victims of mass political repressions – persons recognized in the judicial or established by the law other procedure as the victim of political repressions or the victim of political repressions;

7) constantly living in the Republic of Kazakhstan - the foreigners and persons without citizenship who got for that permission to permanent residence according to the procedure, determined by Rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan, approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 4, 2015 No. 992 (registered in the Register of state registration of regulatory legal acts for No. 12880) are recognized;

8) kandasa – the ethnic Kazakhs who were constantly living at the time of sovereignty acquisition by the Republic of Kazakhstan beyond its limits, and their children of the Kazakh nationality who were born and constantly living after sovereignty acquisition by the Republic of Kazakhstan beyond its limits, arrived (arrived) to the Republic of Kazakhstan for the purpose of permanent residence on the historical homeland and received (received) the corresponding status according to the procedure, established by the Law of the Republic of Kazakhstan "About population shift";

9) ethnic Kazakhs are the foreigners or persons without citizenship of the Kazakh nationality who are constantly living abroad.

Chapter 2. Procedure for acceptance, registration and consideration of petitions (statements) concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan

3. Acceptance of petitions (statements) concerning acceptance in nationality of the Republic of Kazakhstan and recovery in nationality of the Republic of Kazakhstan, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality of the Republic of Kazakhstan for persons living in the territory of the Republic of Kazakhstan is performed by law-enforcement bodies of the Republic of Kazakhstan at the permanent address of the applicant.

Decisions on acceptance in nationality, recovery in nationality, getting out of nationality of the Republic of Kazakhstan is accepted by the President of the Republic of Kazakhstan.

By the basis for refusal in acceptance in nationality and recovery in nationality of the Republic of Kazakhstan it is performed according to article 17 of the Law of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan".

Claims to decisions on questions of belonging to nationality and losses of nationality move addressed to the President of the Republic of Kazakhstan.

The decision concerning nationality can be reviewed by the President of the Republic of Kazakhstan.

Unreasonable refusal in reception of an application concerning nationality, violation of terms of consideration of the applications, and also other unauthorized actions of officials breaking procedure for hearing of cases about nationality and procedure for execution of decisions concerning nationality can be appealed in the procedure established by the law to the official, higher according to the procedure of subordination, in administrative (pre-judicial) procedure.

Consideration of the claim in administrative (pre-judicial) procedure is made by higher administrative authority (official) considering the claim.

The claim is submitted in administrative authority (official) whose administrative act, administrative action (failure to act) are appealed.

The administrative authority (official), whose decision, action (failure to act) are appealed, no later than three working days from the date of receipt of the claim send it and administrative case to the body considering the claim.

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