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

of February 21, 2022 No. 55

About modification and amendments in some orders

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made.

2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide:

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

2) placement of this order on Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of Education and Science of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Education and Science of the Republic of Kazakhstan.

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

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of February 21, 2022, No. 55

The list of some orders to which changes and additions are made

1. In the 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" (it is registered in the Register of state registration of regulatory legal acts at No. 14067):

in 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 approved by the specified order:

be reworded as follows Items 2 and 3:

"2. In these rules the following concept is 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 departments of education of the cities of republican value and the capital, departments of formation of areas, cities of regional value (further - the service provider) at the place of residence of citizens.

The term of consideration of documents and registration of persons wishing to adopt children constitutes 10 (ten) working days.";

be reworded as follows Item 5:

"5. For receipt of the state service the uslugopoluchatel submits through the web portal of "the electronic government" (further - the portal) to the service provider the statement for registration of persons wishing to adopt the children (in any form) with application of documents provided by the standard of the state service "Registration of Persons Wishing to Adopt Children" (further - the Standard), according to appendix 1 to these rules.

The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the Standard.";

be reworded as follows Items 8 and 9:

"8. The service provider within 2 (two) working days from the moment of receipt of documents through the portal, checks completeness of the submitted documents.

9. Data on identity documents of uslugopoluchatel and the spouse (-and) if is married, confirming the property right to the dwelling of uslugopoluchatel and (or) the spouse (-and), certificates of availability or lack of criminal record of uslugopoluchatel and the spouse (-and) if is married, the certificate on marriage, the certificate of birth of children in the absence of data in the information system "Registration Item REGISTRY OFFICE", certificates of lack of data on condition on accounting in narcological and psychiatric dispensaries in the form approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 No. KR DSM-49/2020 "About some questions of rendering the state services in the field of health care" (it is registered in the Register of state registration of regulatory legal acts at No. 20665) the service provider receives from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to the service provider to use of the data which are the secret protected by the law, containing in information systems when rendering the state service if other is not provided by the laws of the Republic of Kazakhstan.

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.

In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses to uslugopoluchatel further review of the statement.";

be reworded as follows Item 11:

"11. In case of compliance of uslugopoluchatel to requirements of the current legislation the service provider within 2 (two) working days from the date of signing of the conclusion directs the notification on receipt of the conclusion about opportunity (impossibility) to be candidate(s) for adoptive parents in form according to appendix 4 to these rules on the portal to uslugopoluchatel in electronic form, signed by the digital signature (further - the EDS) the authorized person of the service provider and registers them as candidates for adoptive parents.

In case of identification of the bases for refusal in rendering the state service in the bases specified in Item 9 of the Standard of these rules the service provider not later than 3 (three) working days before completion of term of rendering the state service according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK RK) the notification on the provisional solution on refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution sends to uslugopoluchatel.

The procedure of hearing is carried out in compliance with article 73 APPK RK.

By results of the hearing to uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider within 2 (two) working days the positive result or motivated refusal in rendering the state service goes.

After receipt of the positive conclusion the uslugopoluchatel gets information access about the orphan children, children without parental support who are subject to adoption, containing in the Republican databank.";

exclude Item 12;

be reworded as follows Item 15:

"15. The claim to the decision, actions (failure to act) of the service provider concerning rendering the state services moves addressed to the head of the service provider, in authorized body by assessment and control of quality of rendering the state services (further - the body considering the claim), according to the legislation of the Republic of Kazakhstan.

Consideration of the claim concerning rendering the state services is made by higher administrative authority, the official, the body considering the claim.

The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider the official whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it to the body considering the claim.

At the same time the service provider, the official, the decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or administrative action which are completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to the body considering the claim is subject to consideration within 15 (fifteen) working days from the date of its registration.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.";

appendices 1 and 4 to 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, to be reworded as follows according to appendices 1 and 2 to this list;

2. In the order of the Minister of Education and Science of the Republic of Kazakhstan of April 24, 2020 No. 158 "About approval of Rules of rendering the state services in the field of family and children" (it is registered in the Register of state registration of regulatory legal acts at No. 20478):

in Rules of rendering the state services "Issue of References on Guardianship and Custody" approved by the specified order:

exclude Item 2;

be reworded as follows Items 3 and 4:

"3. For receipt of the state service "Issue of References on Guardianship and Custody" (further - the state service) physical persons (further - uslugopoluchatel) through the web portal of "the electronic government" (further - the portal) submit the application in form, according to appendix 1 to these rules, signed by the digital signature (further - the EDS) 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.

The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the standard of the state service "Issue of References on Guardianship and Custody" according to appendix 2 to these rules.

4. Departments of education of the cities of republican value and the capital, departments of formation of areas, cities of regional value (further - the service provider) receive data on identity documents, the certificate of birth of the child (in the absence of data in the information system "Registration Item REGISTRY OFFICE") from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to the service provider to use of the data which are the secret protected by the law, containing in information systems when rendering the state service if other is not provided by the laws of the Republic of Kazakhstan.

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.";

add with Item 7-1 of the following content:

"7-1. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law.

In case of failure of information system the service provider without delay from the moment of detection notifies the employee of structural division of the service provider responsible for information and communication infrastructure.

In this case the responsible for information and communication infrastructure during the term specified in part two of this Item of Rules constitutes the protocol on technical issue and signs it the service provider.";

be reworded as follows Item 8:

"8. The claim to the decision, actions (failure to act) of the service provider concerning rendering the state services moves addressed to the head of the service provider, in authorized body by assessment and control of quality of rendering the state services (further - the body considering the claim), according to the legislation of the Republic of Kazakhstan.

Consideration of the claim concerning rendering the state services is made by the higher administrative authority, the official, body considering the claim.

The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider the official whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it to the body considering the claim.

At the same time the service provider, the official, the decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or administrative action which are completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to the body considering the claim is subject to consideration within 15 (fifteen) working days from the date of its registration.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.";

appendices 1, 2 and 3 to Rules of rendering the state service "Issue of References on Guardianship and Custody" to be reworded as follows according to appendices 3, 4 and 5 to this list;

in the Rules of rendering the state service "Issue of References for the Order Property of Minors" approved by the specified order:

exclude Item 2;

be reworded as follows Item 3:

"3. For receipt of the state service "Issue of References for the Order Property of Minors" (further - the state service) physical persons (further - uslugopoluchatel) through the web portal of "the electronic government" (further - the portal) submit the application in form, according to appendix 1 to these rules with application of documents, provided by the standard of the state service "Issue of References for the Order Property of Minors" (further - the Standard) according to appendix 2 to these rules.

The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the Standard.";

5, 6 and 7 to be reworded as follows Items:

"5. Departments of education of the cities of republican value and the capital, departments of formation of areas, cities of regional value (further - the service provider) in day of receipt of documents perform their acceptance and check completeness of the submitted documents within 1 (one) working day.

6. Data on identity documents of uslugopoluchatel, the certificate of birth of the child, the certificate on the conclusion or annulment of marriage, the certificate of the birth (in the absence of data in the information system "Registration Item REGISTRY OFFICE"), the service provider receives the documents confirming availability of property, the certificate of guardianship and custody (for guardians) from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to the service provider to use of the data which are the secret protected by the law, containing in information systems when rendering the state service if other is not provided by the laws of the Republic of Kazakhstan.

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.

In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses to uslugopoluchatel further review of the statement.

7. In case of compliance of uslugopoluchatel to requirements of the current legislation the service provider within 2 (two) working days prepares the reference according to the order by property of minors in form, according to appendix 3 to these rules or the motivated answer about refusal in rendering the state service and sends to "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider.

In case of identification of the bases for refusal in rendering the state service in the bases specified in Item 9 of the Standard of these rules the service provider not later than 3 (three) working days before completion of term of rendering the state service according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK RK) the notification on the provisional solution on refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution sends to uslugopoluchatel.

The procedure of hearing is carried out in compliance with article 73 APPK RK.

By results of the hearing to uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider within 2 (two) working days the positive result or motivated refusal in rendering the state service goes.";

add with Item 8-1 of the following content:

"8-1. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law.

In case of failure of information system the service provider without delay from the moment of detection notifies the employee of structural division of the service provider responsible for information and communication infrastructure.

In this case the responsible for information and communication infrastructure during the term specified in part two of this Item of Rules constitutes the protocol on technical issue and signs it the service provider.";

be reworded as follows Item 9:

"9. The claim to the decision, actions (failure to act) of the service provider concerning rendering the state services moves addressed to the head of the service provider, in authorized body by assessment and control of quality of rendering the state services (further - the body considering the claim), according to the legislation of the Republic of Kazakhstan.

Consideration of the claim concerning rendering the state services is made by the higher administrative authority, the official, body considering the claim.

The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider the official whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it to the body considering the claim.

At the same time the service provider, the official, the decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or administrative action which are completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to the body considering the claim is subject to consideration within 15 (fifteen) working days from the date of its registration.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.";

appendices 1, 2 and 3 to Rules of rendering the state service "Issue of References for the Order Property of Minors" to be reworded as follows according to appendices 6, 7 and 8 to this list;

in the Rules of rendering the state service "Establishment of Guardianship Or Custody over the Orphan Child (Orphan Children) and Child(children), Without Parental Support" approved by the specified order:

exclude Item 2;

be reworded as follows Item 3:

"3. For receipt of the state service "Establishment of Guardianship Or Custody over the Orphan Child (Orphan Children) and Child(children), Without Parental Support" (further - the state service) physical persons (further - uslugopoluchatel) submit to The Government for Citizens State corporation (further - the State corporation) or through the web portal of "the electronic government" (further - the portal) the statement in form, according to appendix 1 to these rules with application of documents, provided by the standard of the state service "Establishment of Guardianship Or Custody over the Orphan Child (Orphan Children) and Child(children), Without Parental Support" (further - the Standard), according to appendix 2 to these rules.

The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the Standard.";

be reworded as follows Items 5 and 6:

"5. The employee of department of education of the cities of republican value and the capital, departments of formation of areas, cities of regional value (further - the service provider) within 2 (two) working days from the moment of receipt of documents, checks completeness of the submitted documents.

In case of provision by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider gives motivated refusal in further review of the statement, and the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form, according to appendix 3 to these rules.

6. The state corporation performs delivery of document package through the courier to the service provider within 1 (one) working day.

In case of the appeal to the State corporation day of documents acceptance does not enter rendering the state service in time.";

exclude Item 8;

be reworded as follows Item 9:

"9. Data on identity documents, the certificate of birth of the child, the certificate of the birth, the certificate on marriage (in the absence of data in the information system "Registration Item REGISTRY OFFICE"), certificates of availability or lack of criminal record of uslugopoluchatel and the spouse (-and), (if is married), certificates of lack of data on condition on accounting in narcological and psychiatric dispensaries in the form approved by the order of the Minister of Health of the Republic of Kazakhstan of May 18, 2020 No. KR DSM-49/2020 "About some questions of rendering the state services in the field of health care" (it is registered in the Register of state registration of regulatory legal acts at No. 20665), the documents confirming the property right to the dwelling of uslugopoluchatel and (or) the spouse (-and), (if is married), the documents confirming receipt of the public social benefits and other social payments data on the income of uslugopoluchatel and (or) the spouse (-and) if the employee of the State corporation is married and the service provider receives from the corresponding state information systems through lock of "the electronic government".

The employee of the State corporation or the service provider receives consent at uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state service if other is not provided by the laws of the Republic of Kazakhstan.

Service providers and employees of the State corporation receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.";

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