LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 2022 No. 141-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning stimulation of innovations, development of digitalization, information security and education

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

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994:

to state Item 1 of Article 144 in the following edition:

"1. The citizen has the right to protection of mystery of private life, including the mystery of correspondence, telephone negotiations, diaries, notes, notes, intimate life, adoption, the birth, lawyer secret, the secret of the health worker, bank deposits and the secret protected by the laws of other Republic of Kazakhstan.

Disclosure of mystery of private life is possible only in the cases which are directly established by the laws of the Republic of Kazakhstan.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

The subitem 2) of Item 6 of Article 830 to state 1) in the following edition:

"2) to courts and notaries on the heritable cases which are in their production based on determination, the court order or request of the notary;";

2) in Item 4-1 of Article 1051 of the word "certificates about" shall be replaced with words "certificates or notifications about".

3. In the Land code of the Republic of Kazakhstan of June 20, 2003:

in Item 1 of Article 158 of the word "in the place of accounting of this parcel of land" to exclude.

4. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

2) to state the subitem to part one of Item 1 of Article 154-1 in the following edition:

"2) agreement signature, and also registration of the agreement in the procedure established by the legislation of the Republic of Kazakhstan.".

5. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family":

1) in Item 1 of Article 1:

2) to state the subitem in the following edition:

"2) body of civil registration (further - registering body) - the Government for Citizens State corporation performing state registration of acts of civil status and other types of the state services connected with state registration of acts of civil status;";

add with subitem 2-1) of the following content:

"2-1) information system of acts of civil status - the information system intended for state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status, which is also containing the data constituting personal data of physical persons;";

5) of Article 3 the word "state" to exclude 2) in the subitem;

Shall be replaced with words 3) in part one of Item 2 of Article 13 of the word of "the monthly term" "fifteen calendar days";

4) in Article 53:

state Item 2 in the following edition:

"2. The workers and employees performing state registration of acts of civil status, and also other faces otherwise informed on private life shall keep personal and family secret.";

to state part one of item 4 in the following edition:

"4. Employees of registering body, the staff of foreign institutions of the Republic of Kazakhstan 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.";

5) in Article 64:

the offer first of Item 3 to state in the following edition:

"3. If parents live separately regardless of state registration of annulment of marriage (matrimony) or concerning the child paternity is established and the parent with whom the child lives wishes to appropriate it the surname or to change surname by name the father or the child's grandfather as from the father, and mother taking into account national traditions, the registering body depending on interests of the child and taking into account opinion of other parent who is drawn up notarially makes changes to assembly record about state registration of the birth of the child.";

exclude item 4;

6) in the subitem 7) of Item 2 of Article 114 of the word "certificates of birth, about adoption" shall be replaced with words "certificates, in need of the certificate of the birth";

7) in Article 177:

in word part one", change of name, middle name and surname" to exclude;

third to state part in the following edition:

"Concerning the died persons it is forbidden to register, recover acts of civil status, to make changes, corrections and amendments to personal data of the dead, and also to grant repeated certificates on state registration of acts of civil status, except for the death certificate and other cases provided by the matrimonial legislation of the Republic of Kazakhstan.";

To state Articles 178 and 179 in the following edition:

"Article 178. Issue of primary, repeated certificates and certificates of state registration of acts of civil status

1. Certificates and certificates of state registration of acts of civil status are issued after state registration of acts of civil status to persons concerning whom assembly record, electronically or at will on paper is made.

The certificate, certificate of state registration of acts of civil status issued electronically make sure by means of the digital signature of the chief of the registering body which issued the document.

The certificate, certificate of state registration of acts of civil status issued on paper are fastened with the signature of the chief of registering body, official stamp of the registering body which issued the document.

The certificate, certificate of state registration of acts of civil status outside the Republic of Kazakhstan ratified the official of foreign institution of the Republic of Kazakhstan and official stamp of the foreign institution of the Republic of Kazakhstan which issued the document are issued on paper.

In case of loss or unfitness for use of primary certificate on state registration of the act of civil status on paper based on assembly record by registering bodies, foreign institution of the Republic of Kazakhstan the repeated certificate on state registration of the act of civil status is granted.

2. Repeated certificates of birth of children concerning which they are deprived of the parent rights before their recovery are not issued to parents.

Repeated certificates on marriage (matrimony) are not granted to the spouses who dissolved marriage (matrimony) or scrap (matrimony) of which is nullified, or after the death of one of spouses.

If necessary after annulment of marriage (matrimony) or recognition its invalid or the death of one of spouses the certificate of marriage (matrimony) in which the basis of its termination is specified is issued.

3. Certificates, certificates of state registration of acts of civil status are filled in on Kazakh or Russian.

Information about citizens (parents, spouses, adoptive parents, the dead) is filled in according to the documents proving their identity.

4. In stipulated by the legislation cases of the certificate of the Republic of Kazakhstan, the certificate of state registration of acts of civil status can be issued under notarially certified power of attorney.

Article 179. The bodies making state registration of acts of civil status

1. State registration of acts of civil status is made in the territory of the Republic of Kazakhstan by registering bodies, outside the Republic of Kazakhstan - foreign institutions of the Republic of Kazakhstan.

2. In villages, settlements, rural districts the akim of the village, settlement, rural district makes documents acceptance on state registration of acts of civil status of the citizens living in the territory of the respective village, the settlement, the rural district and their transfer to the relevant registering body of the area or the cities of regional value for state registration of acts of civil status and entering of information into the State database about physical persons into the terms provided by this Code, also issue and delivery of certificates in need of certificates of state registration of acts of civil status.

3. The employee of registering body, the employee of foreign institution of the Republic of Kazakhstan has no right to make state registration of acts of civil status concerning himself, the spouses and close relatives.

State registration of acts of civil status concerning the employee of registering body, the employee of foreign institution of the Republic of Kazakhstan, his spouse (spouses) and the close relative is performed by other employee of registering body, the employee of foreign institution of the Republic of Kazakhstan or in other registering body, foreign institution of the Republic of Kazakhstan.";

Item 2 of Article 180 to state 9) in the following edition:

"2. The procedure for the organization of state registration of acts of civil status, introduction of changes in them, corrections, amendments, cancellation and recovery of acts of civil status is developed and affirms the Ministry of Justice of the Republic of Kazakhstan.";

10) in Article 181:

state heading in the following edition:

"Article 181. Assembly books, assembly records, certificates and certificates of state registration of acts of civil status";

state Items 1 and 2 in the following edition:

"1. Assembly books are created in duplicate of two hundred identical assembly records which are strung together and numbered in the strict sequence, ratified the chief and official stamp of the registering body which constituted them. Identity of assembly records is provided with employees of registering body.

The first copies of assembly books are stored in the place of primary state registration of the act of civil status in archive of registering body of the area (city), the second copy - in archive of registering body of area, city of republican value, the capital.

2. Forms of assembly records, certificates and certificates of state registration of acts of civil status electronically and on paper affirm the Ministry of Justice of the Republic of Kazakhstan.";

To exclude 11) in Item 3 of Article 184 of the word "about the birth";

12) in Article 187:

state heading in the following edition:

"Article 187. Basis for state registration of the birth of the child";

state Items 1 and 2 in the following edition:

"1. The basis for state registration of the birth of the child is the health certificate on the birth or the copy of the judgment on factual determination of the birth.

In case of childbirth out of the medical organization including at home, the health certificate on the birth is drawn up according to identity documents of mother, the ranking health worker of the organization of obstetric aid where she addressed after the delivery.

In case of lack of identity documents of parents, at the time of state registration of the birth of the child of the information about parents of the child are filled according to data of information system of acts of civil status.

In cases of the birth of the child in the medical organization and lack of identity documents of mother, at the time of state registration of the fact of the birth surname, name, middle name (in case of its availability) mothers are filled according to the health certificate on the birth in which there is mark that the information about mother is written down from her words.

Further the information about the child's mother in the birth statement is supplemented according to the procedure, established by the matrimonial legislation of the Republic of Kazakhstan.

In case of lack of the health certificate on the birth state registration of the birth of the child is performed based on the copy of the judgment about factual determination of the birth.

Entry in acts of civil status of name, middle name (in case of its availability), surnames, nationalities of parents is made according to Articles 50, 51 and 63 of this Code.

In case of the child's birth substitute mother the basis for state registration of the birth of the child is the health certificate on the birth.

2. The health certificate on the birth of the child shall contain all necessary information about the child's mother (surname, name, middle name (in case of its availability), and also birth date and sex of the child, date of issue of the document. The health certificate on the child's birth granted in the territory of the Republic of Kazakhstan on paper shall be certified by the signature of the official and seal of the medical organization, and shall be electronically certified by means of the digital signature of the official of the medical organization.

Data on the fact of the birth of the child in the medical organization are transferred to information system of acts of civil status within one working day from the moment of childbirth.";

exclude item 4;

Part the second Item 1 of Article 188 to exclude 13);

14) in Item 3 of Article 194:

shall be replaced with words the words "does not register" "registers at will";

add with part two of the following content:

"In cases when the name of the father replaces surname with addition of the terminations - Ullah, - Kyza, the middle name does not register.";

15) in Article 197:

the second Item 2 to state part in the following edition:

"The certificate of birth of the child who was born the dead is not issued. Concerning the child who was born the dead the certificate of state registration of the mortinatus child is issued.";

the second Item 3 to state part in the following edition:

"Based on the constituted records of acts of the birth and death the certificate or the notification on death is granted. At the request of parents the certificate of state registration of the birth of the child is issued.";

Part the second Article 199 to state 16) in the following edition:

"State registration of the birth of children of foreigners, including foreigners whose legality of stay in the territory of the Republic of Kazakhstan is not confirmed is made at will in registering bodies in the place of their permanent or temporary residence.";

Articles 220 and 222 to state 17) in the following edition:

"Article 220. Basis for state registration of marriage (matrimony)

State registration of marriage (matrimony) is made by registering bodies, foreign institution of the Republic of Kazakhstan based on the joint statement on marriage (matrimony) of persons, marrying (matrimony).";

"Article 222. Submission due date of the statement for marriage (matrimony) and term of state registration of marriage (matrimony)

1. The application for marriage (matrimony) is submitted to registering body, foreign institution of the Republic of Kazakhstan in fifteen calendar days prior to state registration of scrap (matrimony).

2. State registration of scrap (matrimony) is made by registering body, foreign institution of the Republic of Kazakhstan for the fifteenth calendar day which is estimated from next working day after submission of the joint statement on marriage (matrimony).

If the termination of term falls on non-working day, then the working day following it is considered day of the termination of term.

Time of state registration of marriage (matrimony) is appointed by registering body, foreign institution of the Republic of Kazakhstan in coordination with persons wishing to marry (matrimony). Time of state registration shall be fixed so that it did not match with time of state registration of death and annulment of marriage (matrimony) in the same room.

3. If presence at registering body, foreign institution of the Republic of Kazakhstan in case of filing of application about marriage (matrimony) of both persons marrying (matrimony) is impossible or it is extremely difficult (remoteness of accommodation from each other, serious illness, the disability connected with difficulties in movement, passing of military service and others), the application form for marriage (matrimony) which is filled in in the established form and signed by both persons marrying (matrimony) can be submitted to one of them.

The signature of the absent person can be certified by the chief of registering body, the employee of foreign institution of the Republic of Kazakhstan and is under seal registering body, foreign institution of the Republic of Kazakhstan in the location of the citizen, the notary or other official who according to the laws of the Republic of Kazakhstan is granted the right to make notarial actions, and also in the following procedure:

1) the military personnel - the commander of the relevant military unit;

2) the citizens of the Republic of Kazakhstan who are during swimming on the ocean ships or inland navigation vessels going under National flag of the Republic of Kazakhstan - captains of these courts;

3) persons which are in expeditions - chiefs of these expeditions;

4) persons which are in the stationary medical organizations - chief physicians of these organizations;

5) persons containing in the organizations serving sentence in the form of arrest and imprisonment - chiefs of the relevant organizations;

6) persons with disability having difficulties in movement - the chairman of the medical and advisory commission.";

18) in Article 223:

to state part one of Item 1 in the following edition:

"1. According to the joint statement of persons marrying (matrimony) in the presence of reasonable excuses (pregnancy, the child's birth, direct threat of life of one of the parties and other special circumstances) supported by the relevant documents (the certificate of the medical and qualification commission of pregnancy, the health declaration, references confirming other special circumstances), the chief of registering body, the employee of foreign institution of the Republic of Kazakhstan in the place of state registration of marriage (matrimony) reduce the term of state registration of marriage (matrimony) to the expiration of fifteen calendar days or increase this term, but no more than for fifteen calendar days.";

state Item 2 in the following edition:

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