ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 26, 2022 No. 339

About modification of the order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 382 "About approval of Rules of implementation of functions of the state on guardianship and custody"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 382 "About approval of Rules of implementation of functions of the state on guardianship and custody" the following changes:

in Rules of implementation of the functions of the state on guardianship and custody approved by the specified resolution:

headings of Chapters "1. General provisions" and "2." To state procedure of functions of the state on guardianship and custody in the following edition:

"Chapter 1. General provisions";

"Chapter 2. Procedure of functions of the state on guardianship and custody";

state Item 7 in the following edition:

"7. The body in the procedure established by the legislation provides protection of the rights and interests of children, incapacitated or restrictedly capable full age persons through:

1) participation in court by hearing of cases, connected with determination of the residence of the child, procedure for communication of the parent with the child and confiscations of the child who is at other persons, the residence of the child in case of departure of the child with one of parents out of republic limits on the permanent residence, deprivation (restriction) and recovery in the parent rights, adoption (adoption) of the child and cancellation or recognition invalid adoptions, the direction of minors in the special organizations of education or the organization of education with specific mode of content on the disputes arising from guardianship and custody (patronage) over minors on paternity proof of the minor and collection from it of the alimony, according to statements for restriction or deprivation of the minor aged from fourteen up to eighteen years of the right to dispose independently of the income, about the announcement of the minor sui juris (emancipation), paternity proof and collection of the alimony in percentage terms or firm sum of money on content of the child, reduction of the size of the alimony, protection of labor, housing laws of minors, indemnification caused jointly minor and full age including with participation incapacitated or restrictedly capable full age;

2) solution of questions of assignment or change of surname, name of minors in cases, stipulated by the legislation Republic of Kazakhstan;

3) initiation of claims for cases, stipulated in Article 27 Codes of civil procedure of the Republic of Kazakhstan, including about adoption recognition by invalid;

4) issue of permissions to appointment to the child to the parents deprived of the parent rights or limited in them if it does not exert negative impact on the child;

5) implementation of immediate confiscation of the child from parents or other persons on whose care he is, in case of direct threat of life of the child or to his health based on the act of local executive body of the area, the city of regional, republican value, the capital before decision making of court;

6) representation of legitimate interests of orphan children and children without parental support and being under guardianship or custody, on foster education, in foster home, and also in the organizations for orphan children and children without parental support, incapacitated or restrictedly capable full age persons, in the relations with any persons (including in courts) if actions of guardians or custodians, foster tutors for representation of legitimate interests of wards contradict the legislation of the Republic of Kazakhstan or interests of wards or if guardians or custodians do not perform protection of legitimate interests of wards;

7) the organization of work on identification of the orphan children and children without parental support, children who are in difficult life situation;

8) permission of disagreements between parents on the questions concerning education and education of children;

9) representation of consent to making of those transactions which incapacitated or restrictedly capable full age persons have no right to make independently, rendering assistance in implementation of the rights by them and fulfillment of duties, and also their protection from abuses of the third parties;

10) representation based on the written request of court of information on the orphan children, children without parental support consisting on primary, regional, centralized accounting;

11) issue of references for the order property of minors;

12) establishment of guardianship or custody over the orphan child (orphan children) and child(children) who was left (remained) without care of parents;

13) transfer of child(children) on foster education and purpose of payment of money to content of child(children) transferred (transferred) to foster tutors;

14) transfer of child(children) on education in foster home and purpose of payment of money to its content;

15) purpose of lump money payment in connection with adoption of the orphan child and (or) child, without parental support;

16) issue of the decision of guardianship and custody body on accounting of opinion of the child who reached ten-year age;

17) submission to court of permission about transfer to adoption based on the conclusion of the commission about justification and compliance of adoption to interests of the child;

18) implementation of other actions, stipulated by the legislation the Republic of Kazakhstan, for protection of the property and personal non-property rights and interests of minors, including incapacitated or restrictedly capable full age persons.";

state Item 9 in the following edition:

"9. Protection of the rights and interests of orphan children, children without parental support, is performed by body in the procedure established by the legislation of the Republic of Kazakhstan by their transfer on education to family (adoption, guardianship or custody, patronage, foster home), and in the absence of such opportunity – in the organization of all types for orphan children, children without parental support. Protection of the rights and interests concerning incapacitated or restrictedly capable full age persons is performed by body in the procedure established by the legislation of the Republic of Kazakhstan by their transfer to family (guardianship or custody), and in the absence of such opportunity – in the organizations of system of social protection of the population rendering special social services incapacitated or to restrictedly capable full age persons.

For this purpose body:

1) to permission of question of the device of orphan children and children without parental support, on guardianship (guardianship), adoption, patronage, in foster home or the organization for this category of children provides their temporary device;

Records 2), selects and trains the citizens who expressed desire to accept orphan children and children without parental support, on guardianship (guardianship), patronage, in foster home, in guest family, adoption by provision of necessary methodical, psychological and legal aid;

3) conducts examination of living conditions of orphan children and children without parental support, and also persons applying for their education;

4) the belongings list of orphan children and children without parental support, and also incapacitated or restrictedly constitutes capable full age persons;

5) sends letters on imposing of encumbrance to state bodies and (or) other organizations about transactions prohibition concerning the property belonging to orphan children and children without parental support, and also full age incapacitated or to restrictedly capable persons;

6) exercises property management of the orphan children and children without parental support who are under guardianship or custody, transferred to foster home or brought up in the organizations for orphan children and children without parental support and also control of safety of this property;

7) grants permission to the guardian or the custodian to make transactions on alienation, including exchange or donation of property of the ward, or to sign from his name the guarantee agreement, housing commissioning in employment (lease), in free use or as a deposit, the transactions attracting refusal of the rights belonging to the ward of inheritance under the law and according to the will, the Section of its property or apportionment from it of share, and also any other transactions attracting reduction of property of the ward;

8) determines how the means received by the guardian as a result of the committed transactions specified in the subitem 7) of Item 9 of these rules are spent;

9) appoints guardians or custodians and issues them the reference of the established sample;

Grants 10) and pays allowances for content of the orphan children and children without parental support who are under guardianship and custody, on patronage and transferred to foster home;

11) exercises control of activities of guardians and custodians, foster tutors, adoptive parents, and also the organizations in which orphan children and children without parental support are brought up;

12) considers claims to actions of guardians and custodians, foster tutors, adoptive parents;

13) grants permission to the guardian or the custodian, his spouse or relatives, the adoptive parent for debt repayment of the ward, arisen before appointment of this person the guardian or the custodian, the adoptive parent;

14) grants permission for separate accommodation of the custodian with the ward who reached sixteen years provided that it will not reflect adversely on education and protection of the rights and interests of the ward;

15) records provisions by guardians, foster tutors and adoptive parents at least once in six months of status reports of health of the ward and work on his education, and also on management of its property on form according to appendix to these rules;

16) discharges guardians or custodians, adoptive parents of execution of the obligations in cases of their improper execution, including when using of guardianship or custody by them in the mercenary purposes or leaving of the ward without supervision and necessary assistance, and takes necessary measures;

17) is brought into court by the conclusion about adoption compliance to interests of the child;

18) at least once a year requests reports on living conditions, training, education and the state of health of the adopted child;

19) is revealed by the consent of the child who reached ten-year age to its device in family, on transaction concerning its property and in form, available to it, explains value of these procedures.";

appendix to Rules of implementation of functions of the state on guardianship and custody to be reworded as follows according to appendix to this resolution.

2. This resolution becomes effective after ten calendar days from the date of its first official publication.

 

Appendix

to the Order of the Government of the Republic of Kazakhstan of May 26, 2022 No. 339

Appendix

to Rules of implementation of functions of the state on guardianship and custody

Form

Report of the guardian (foster tutor, adoptive parent)

_______________________________________________________________
First name, middle initial, last name (in case of its availability) the guardian (the foster tutor, the adoptive parent), residence address

1. Information about the ward ___________________________________________
                       (since what time there are in family, stay reasons)

2. Domestic conditions, description of housing _________________________
                                                                           (who possesses housing)

3. Relations in family _________________________________________

4. Availability of the room, angle-piece at the ward

5. Availability of personal personal and real estate of the ward

__________________________________________________________________
      (its condition who is guardian of real estate if it
          is who lives in the dwelling of the ward in case of its availability)

6. Features of the ward:

1) education: progress, problems _____________________________________
     (specify what organizations of additional education the child visits);

2) state of health: physical development, problems, the taken measures, passing of annual medical examination.

7. Data on the income of the ward

Income type	Amount monthly
	1	2	3	4	5	6	7	8	9	10	11	12
Alimony
Benefit on content ward
Monthly insurance payments
Inherited money or presented
Income from delivery in lease of living space

8. Data on expenses of the ward

Income type	Amount	Date
Purchase of food for the accounting period
Acquisition of clothes, footwear
Acquisition of hygienic means, objects prime necessity
Purchase of drugs, conditioning agents
Payment of household services (repair of clothes, footwear)
Purchase of goods of long-term use (specify that)
Monthly deposits (on training, goods long-term use)

 

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