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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 24-06-2021)

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 applied:

constantly living in the Republic of Kazakhstan - the foreigners who got for that permission, and the document to the right of permanent residence according to the procedure, determined by the Government of the Republic of Kazakhstan are recognized;

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

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 this Law;

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;

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.

The decision concerning nationality can be reviewed 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".

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, or in court.

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

The materials which arrived in law-enforcement bodies of the Republic of Kazakhstan concerning nationality are checked for the reason of change of nationality and completeness of biographical data, correctness of writing of surname, name and middle name (in case of its availability) the applicant and members of his family.

In case of detection of incomplete or inexact data in the submitted documents they return in day of detection to the applicant for introduction of corresponding changes and amendments.

The petition (statement) is deemed accepted to execution from the date of giving by the applicant of all documents provided by these rules, in questionnaires statements on acceptance and getting out of nationality of the Republic of Kazakhstan the corresponding record which is certified by the signature of the employee who took cognizance of material is put down.

Petitions (statement) concerning acceptance in nationality and recoveries in nationality, including in the simplified (registration) procedure, getting out of nationality, loss, deprivation of nationality and determination of belonging to nationality are subject to logging of accounting of petitions (statements) of physical persons in form according to appendix 1-1 to these rules and consideration.

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