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ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2016 No. 407

About approval of Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support

According to Item 2 of article 89 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" PRIKAZYVAYU:

1. Approve Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support.

2. Recognize invalid:

1) the order of the Minister of Education and Science of the Republic of Kazakhstan of January 16, 2015 No. 15 "About approval of Rules of accounting of persons wishing to adopt children" (No. registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on February 18, 2015 10278, published on March 3, 2015 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

2) the subitem 4) Item 1 of the order of the Minister of Education and Science of the Republic of Kazakhstan of July 20, 2015 No. 465 "About introduction of amendments to some orders of the Minister of Education and Science of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on August 21, 2015 11919, published on September 1, 2015 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let).

3. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (Abdykarim M. S.) to provide:

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

2) within ten calendar days after state registration of this order the direction of copies of this order for official publication in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let and periodic printing editions on the electronic medium with appendix of the paper copy certified by official stamp;

3) within five working days from the date of receipt of the registered this order the direction it the copy in printing and electronic type, the confirmed seal of the Ministry of Education and Science of the Republic of Kazakhstan and the witnessed digital signature of person, representative to sign this order, for entering into Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Education and Science 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 Department of legal service and international cooperation of the Ministry of Education and Science of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan Sukhanberdiyeva E. A.

5. This order becomes effective since January 1, 2017.

Minister of Education and Science of the Republic of Kazakhstan

E.Sagadiyev

 

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of June 29, 2016 No. 407

Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support

Chapter 1. General provisions

1. These rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support are developed according to Item 2 of article 89 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further - the Code) and determine accounting treatment for the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support (further - citizens).

2. In these rules the following determinations are used:

Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank) - the database containing the information about orphan children, children without parental support, and also about persons wishing to accept orphan children, children without parental support on education in the families.

3. Accounting of citizens is made by the bodies performing functions on guardianship or custody of areas, cities of regional value, the cities of republican value, the capital (further - body) at the place of residence of citizens and conducted in the Republican databank.

Chapter 2. Accounting treatment for citizens

4. Citizens full age persons, except for are registered:

1) persons recognized by court incapacitated or it is limited by capable;

2) spouses, one of whom is acknowledged as court incapacitated or it is limited by capable;

3) persons deprived by court of the parent rights or limited by court in the parent rights;

4) persons discharged of obligations of the guardian or custodian for inadequate accomplishment of the obligations assigned to it by the laws of the Republic of Kazakhstan;

5) the former adoptive parents if adoption is cancelled by court on their fault;

6) persons who for health reasons cannot perform the parent rights. The list of diseases in the presence of which person cannot adopt the child, accept it under guardianship or custody, patronage, it is established by authorized body in the field of health care;

7) persons which do not have the permanent residence;

8) persons adhering to nonconventional sexual orientation;

9) persons having the outstanding or not removed criminal record for making of intentional crime at the time of adoption and also persons specified in the subitem 14) of this Item;

10) stateless persons;

11) the males who are not consisting in the registered scrap (matrimony), except as specified the actual education of the child at least three years in connection with the death of mother or deprivation of its parent rights;

12) persons who at the time of adoption have no the income providing to the adopted child the subsistence minimum established by the legislation of the Republic of Kazakhstan;

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