LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2019 No. 272-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 9, Art. 27; No. 10, Art. 32; 2019, No. 1, Art. 4; No. 2, Art. 6; No. 7, Art. 37, 39; The Law of the Republic of Kazakhstan of October 28, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of agro-industrial complex", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 5, 2019):

1) in part one of Item 2 of Article 10 of the word", the authorized body of area, city of republican value, the capital, area, city of regional value approved within three working days within competence of local executive bodies of areas, cities of republican value, the capital, areas, the cities of regional value on provision of the parcels of land" to exclude;

The subitem 4) of Item 1, the subitem 14) of Item 2 and the subitem 5) of Item 3 of Article 14-1 to exclude 2);

3) in part three of Item 3 of Article 47 of the word", approves the cadastral (estimative) cost of the parcel of land" to exclude.

2. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-І, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 8-II, Art. 67, 70; No. 23, Art. 119; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 9, Art. 22; No. 13, Art. 45; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 14, Art. 42; No. 15, Art. 47; No. 19, Art. 62; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 7, Art. 36; No. 8, Art. 46):

Subitem 37-4) of Item 1 of Article 1 to exclude 1);

The subitem 117) of Item 1 of Article 7 to exclude 2).

3. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-І, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-II, Art. 145; No. 23-II, Art. 170; 2016, No. 8-II, Art. 67; 2017, No. 8, Art. 16; No. 16, Art. 56; 2018, No. 14, Art. 42; 2019, No. 2, Art. 6; No. 7, Art. 36):

1) in table of contents:

add with headings of Articles 97-1, 107-1 and 192-1 of the following content:

"Article 97-1. Adoption of the child by foreigners";

"Article 107-1. Repeated adoption of the child";

"Article 192-1. Modification, amendments in assembly record about state registration of the birth in case of paternity proof";

26, of Articles 204 - 219, Chapters 29, of Articles 248 - 256, 267 to exclude headings of Chapter;

2) the offer second of Item 1 of Article 22 to state in the following edition:

"In the judgment surnames of spouses after annulment of marriage (matrimony) are specified.";

Item 2 of Article 23 to state 3) in the following edition:

"2. The judgment which took legal effect about annulment of marriage (matrimony) is not subject to state registration in registering bodies. Spouses have the right to enter (to register) new scrap (matrimony) after the introduction in legal force of the judgment about annulment of marriage (matrimony).";

4) in Article 47:

add item 4 with part two of the following content:

"The consent of the spouse or former spouse of the given rise woman to paternity proof from other person is not obligatory in the presence of the supporting document about conducting investigation and search operations issued by law-enforcement body or about the introduction in legal force of the judgment about its recognition is unknown absent or incapacitated.";

state Item 6 in the following edition:

"6. The exception of information about the child's father of assembly record about state registration of the birth where the father of the child specifies person according to the certificate or assembly record about the conclusion, annulment of marriage (matrimony), and also the statement for adoption, paternity proof, is made by registering body based on the judgment about exception of information about the child's father in assembly record about state registration of the birth.

In other cases the exception of information about the father is made according to the statement of mother who is not married at the time of the child's birth (matrimony) according to Article 183 of this Code.";

Article 49 to add 5) with part two of the following content:

"The court which passed the decision on paternity proof, and also on factual determination of paternity and the fact of recognition of paternity shall send this decision within three working days from the date of the introduction it to legal force in registering body in electronic form.";

Shall be replaced with words 6) in part two of Item 2 of Article 51 of the word "in state registration of establishment" "in modification about establishment";

Article 53 to add 7) with item 4 of the following content:

"4. Employees of registering bodies of the adoptive father having no right without consent to report any data on adoption and to issue the documents containing information that adoptive parents are not parents of the adopted child.

Data about adopted are represented on requests of state bodies within their competence established by the legislation of the Republic of Kazakhstan.";

8) in Item 2 of Article 63:

the second after the word "writing" to add part with the words "or through hyphen";

third to state part in the following edition:

"In case of double name at the father assignment of middle name to the child on double name of the father, on one of them or in joined-up writing of both names of the father is allowed.";

9) Item 3 of article 64 after the word" (matrimonies)," to add with the words "or concerning the child paternity is established";

Item 1 of Article 85 to state 10) in the following edition:

"1. The citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan persons interested to adopt children, shall submit to the body performing functions on guardianship or custody for the location of the child the statement for desire to adopt the child, and also to provide certificates of the size of comprehensive income, marital status, the state of health, of lack of criminal record and to personally choose the child, to have with it direct contacts at least two weeks.";

11) in Article 97:

Item 2 part one:

after the word "woman" to add with words ", not married (matrimony),";

add with the words "according to Article 192 of this Code";

in Item 3:

shall be replaced with words the words "in the blotter of births on specifying of the adoptive father in case of state registration of adoption in registering body" "in assembly record about state registration of the birth on specifying of the adoptive father";

add with part two of the following content:

"The surname of the father (mother) specified at the request of the adoptive father is appropriated by last name the adoptive father.";

add with Item 6 of the following content:

"6. Modification, amendments in assembly record about state registration of the birth is made in any registering body based on the judgment which took legal effect about adoption and statements of legal representatives of the child.

Are brought in assembly record about state registration of the birth of the information about the child and adoptive parents according to the data specified in the judgment.";

To add 12) with Article 97-1 of the following content:

"Article 97-1. Adoption of the child by foreigners

1. Adoption by foreigners of the child who is the citizen of the Republic of Kazakhstan including cancellation of such adoption, in the territory of the Republic of Kazakhstan is made according to the legislation of the Republic of Kazakhstan.

2. Control of the children adopted by the foreigners who are citizens of the Republic of Kazakhstan is performed by foreign institutions of the Republic of Kazakhstan and authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

13) in Article 98:

add Item 2 with part two of the following content:

"In case of change of personal data of the adopted child registration of new assembly record about state registration of the birth with conditional exception of individual identification number of the National register of individual identification numbers is made.";

add with Item 3 following of content:

"3. Modification, amendments in assembly record about state registration of the birth based on the judgment about adoption is made after registration of assembly record about state registration of the birth or recovery of the lost assembly record about state registration of the birth.";

14) in item 4 of Article 105 of the word of "adoption registration" shall be replaced with words "registration of the birth";

15) in part two of Item 3 of Article 107 of the word of "adoption registration" shall be replaced with words "registration of the birth";

To add 16) with Article 107-1 of the following content:

"Article 107-1. Repeated adoption of the child

Repeated adoption of the child is possible only after cancellation by court of the decision on adoption of the child.";

The word of "month" shall be replaced with words 17) in Item 3 of Article 121 "twenty working days";

Article 177 to state 18) in the following edition:

"Article 177. The acts of civil status which are subject to state registration

The birth, death, marriage (matrimonies), annulment of marriage (matrimonies) (except for annulment of marriage (matrimony) by a court decision about annulment of marriage (matrimony), change of name, middle name and surname are subject to obligatory state registration in registering bodies in the terms established by this Code.

Events and the facts of adoption and paternity proof are reflected in assembly record about state registration of the birth by introduction of corresponding changes, amendments. Annulment of marriage (matrimonies) by a court decision is reflected in assembly record about marriage (matrimony) by putting down of mark in it about annulment of marriage (matrimony).

Concerning the died persons it is forbidden to register, recover acts of civil status, and also to grant repeated certificates on state registration of the acts of civil status, except as specified, provided by the matrimonial legislation of the Republic of Kazakhstan.";

Shall be replaced with words 19) in item 4 of Article 181 of the word "on the republic" ", registered in registering bodies in the territory of the Republic of Kazakhstan and in foreign institutions of the Republic of Kazakhstan,";

20) in Item 2 of Article 182 of the word "paternity proof, adoptions" shall be replaced with words "modification, amendments in assembly records about state registration of the birth in connection with paternity proof, adoption of the child";

Shall be replaced with words 21) in Item 2 of Article 183 of the word "in registering body at the permanent address" "in any registering body in the territory of the Republic of Kazakhstan at will";

22) in Article 184:

in Item 1 of the word "in registering body at the permanent address" shall be replaced with words "in any registering body in the territory of the Republic of Kazakhstan at will";

the second Item 3 to exclude part;

in Item 6 of the word" where there was lost record" shall be replaced with words "filing of application";

23) in Article 185:

in Item 2 of the word "in registering body at the permanent address" shall be replaced with words "in any registering body in the territory of the Republic of Kazakhstan at will";

in Item 3 of the word "in the location of the record which is subject to cancellation" shall be replaced with words "in any registering body in the territory of the Republic of Kazakhstan at the request of the applicant";

24) in item 4 of Article 186 of the word of "paternity proof based on the joint statement of parents of the child, change of surname, name, middle name" shall be replaced with words "changes of surname, name, middle name and modification, amendments in assembly record about state registration of the birth in case of paternity proof based on the joint statement of parents of the child";

Part third of Item 1 of Article 187 to state 25) in the following edition:

"In case of lack of identity documents of parents, at the time of state registration of the birth on reasonable excuse of the information about parents are filled according to the certificate on marriage (matrimony) or assembly record about marriage (matrimony). In cases of the birth of the child in the medical organization and lack of identity documents of mother, at the time of registration of the fact of the birth of the information about her are filled according to the statement of mother and according to the health certificate on the birth in which there is mark that the information about mother is written down from her words. Entry in acts of civil status of name, middle name (if it is specified in the identity document), surnames, nationalities of parents is made according to Articles 50, 51 and 63 of this Code.";

Article 188 to state 26) in the following edition:

"Article 188. Place of state registration of the birth of the child

1. State registration of the birth of the child is made in any registering body in the territory of the Republic of Kazakhstan at the request of parents or one of them.

Documents acceptance for state registration of the birth of the child is performed by registering body, and also The Government for Citizens State corporation or by means of the web portal of "the electronic government".

2. If parents are not married (matrimony) among themselves, along with the statement for state registration of the birth of the child the application for paternity proof is submitted.

3. In assembly record about state registration of the birth by the birthplace of the child the name of the place of the actual birth of the child according to the name of administrative and territorial unit of the Republic of Kazakhstan accepted at the time of state registration of the birth of the child is specified.

The birthplace of the child who was born on expeditions and in the remote areas and also in the time spent of mother on sea, river, the aircraft or in the train, the administrative and territorial unit where state registration of the birth of the child is made is specified.

The birthplace of the child who was born outside the Republic of Kazakhstan the name of the place of the actual birth of the child is specified.

4. State registration of the birth of the child who was born outside the Republic of Kazakhstan is made in foreign institutions of the Republic of Kazakhstan or in any registering body in the territory of the Republic of Kazakhstan at the request of parents or one of them in the terms established by this Code irrespective of registration in foreign registering bodies in case of presentation of one of the following documents:

1) the original certificate about the birth;

2) copies of the birth record;

3) original of the health certificate on the birth.

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