ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of July 31, 2024 No. 282

About approval of Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

According to subitem 11-1) of article 11 of the Law of the Republic of Kazakhstan "About population shift", I ORDER:

1. Approve the enclosed Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants.

2. To provide to committee on migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on official Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) 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 of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of July 31, 2024 No. 282

Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Chapter 1. General provisions

1. These rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants (further – Rules) are developed according to subitem 11-1) of article 11 of the Law of the Republic of Kazakhstan "About population shift" (further – the Law) and determine procedure for determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants.

2. In these rules the following basic concepts are used:

1) the automated information system "Kandas" (further – AIS "Kandas") – the system as a part of unified information system of the social and labor sphere intended for automation of process of provision of the state service for ethnic Kazakhs and kandas;

2) foreign institutions of the Republic of Kazakhstan – the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan;

3) the applicant – physical person from among foreign citizens and the members of his family (in the presence) applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in the documents proving his identity;

4) local executive body concerning social protection and employment of the population – the local executive body of area, the cities of republican value, the capital determining the directions in the field of social protection and employment of the population.

Chapter 2. Procedure for determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

3. The statement for determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents (further – the application) is submitted by the applicant in form according to appendix 1 to these rules through the Migration.enbek.kz portal, mobile application of "Kutta Mycenae", local executive body concerning social protection and employment of the population or through foreign institution of the Republic of Kazakhstan, with appendix of the autobiography (in any form) and foreign passport copies of the country of permanent residence;

4. The application submitted through the Migration.enbek.kz portal or mobile application of "Kutta Mycenae" arrives in AIS "Kandas" for consideration by local executive bodies concerning social protection and employment of the population with the notification of the applicant on registration of its statement in form according to appendix 2 to these rules.

5. The application submitted through foreign institutions of the Republic of Kazakhstan is registered the employee of foreign institution of the Republic of Kazakhstan in AIS "Kandas" and goes by means of AIS "Kandas" to local executive body concerning social protection and employment of the population with the notification of the applicant on registration of its statement in form according to appendix 2 to these rules.

6. For determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan, the local executive body creates the Commission.

7. Activities of the commission are determined by local executive body according to subitem 6-11) of Item 1 of article 15 of the Law.

8. Representatives of the local executive bodies supervising the sphere of population shift, education, the culture, domestic policy, law-enforcement bodies, non-governmental organizations and/or public associations dealing with issues of ethnic Kazakhs and also experts, specialists in the field of Kazakh and history of Kazakhstan are part of the Commission.

9. The local executive body concerning social protection and employment of the population within one working day after day of receipt of the statement directs it with the documents attached to it by means of AIS "Kandas" to consideration of the Commission.

10. Determination of belonging of applicants to persons of the Kazakh nationality, is performed by the Commission on the following algorithm:

1) consideration in addition provided, except proving the identity, the documents confirming the applicant's belonging to the Kazakh nationality;

2) holding interview in internal or online format, the Kazakh oriented to knowledge, traditions, customs, culture, relationship and other factors allowing person to identify themselves as the ethnic Kazakh;

3) analysis and assessment of the acquired information;

4) the recommendation of determination or of refusal in determination of belonging to the Kazakh nationality.

11. For the purpose of determination of belonging to the Kazakh nationality the applicant in addition represents to local executive body concerning social protection and employment of the population the certificate of birth, the certificate of birth of parents, archive certificates of accommodation of ancestors in the territory of Kazakhstan, the marriage certficate in case of their availability and other documents confirming the applicant's belonging to the Kazakh nationality.

12. In case of distinction of nationalities of parents, the applicant determines and specifies the national identity according to Item 2 of article 65 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family".

13. The commission accepts the recommendation of determination or refusal in determination of belonging to the Kazakh nationality of persons, according to appendix 3 to these rules.

14. The recommendation of determination or of refusal in determination of belonging to the Kazakh nationality is accepted by the Commission within three working days by open voting and is deemed accepted during the positive vote at least two third attendees.

15. The local executive body concerning social protection and employment of the population on the basis of the recommendation of the Commission within three working days makes the decision on recognition or refusal in recognition of belonging to the Kazakh nationality in form according to appendix 4 to these rules and by means of the Migration.enbek.kz portal or mobile application of "Kutta Mycenae" sends the made decision to the applicant and to foreign institution of the Republic of Kazakhstan, or issues the decision to the applicant.

16. In case of clarification of new circumstances and detection of new supporting documents the applicant applying for determination of the Kazakh nationality repeatedly submits the application according to Item 3 of these rules.

17. The bases for refusal in recognition of belonging to the Kazakh nationality are:

1) determination of unauthenticity of the documents submitted by the ethnic Kazakh for recognition of belonging to the Kazakh nationality, and (or) these (data) containing in them or their absence;

2) lack of consent of the ethnic Kazakh represented according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access;

18. Commission session is held in the presence of statements.

19. Commission session is considered competent if at it there are at least two thirds of its structure.

Appendix 1

to Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Form

The statement on determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

First name, middle initial, last name (in case of its availability)
Birth date
Floor
Residence address
Contact information (in the presence)

I have the following family composition:

First name, middle initial, last name (in case of its availability)	Relationship degree	Birth date	Nationality	Nationality
1	2	3	4	5

I ask to determine belonging to the Kazakh nationality in communication with lack of the corresponding entries in identity documents.

I agree to collection and processing of my personal data necessary for determination of belonging to the Kazakh nationality, according to article 8 of the Law of the Republic of Kazakhstan present "About personal data and their protection".

I enclose the following documents to the application:

1) the autobiography (in any form);

2) foreign passport copy of the country of permanent residence;

3) other documents confirming the applicant's belonging to the Kazakh nationality (in case of its availability);
________________________________________________________________________;

I certify that the data provided by me are reliable. It is informed that not authentic data can form cancellation of the received visa and/or the basis for refusal assignment of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure.
"__" _________ 20 __ years ____________________________
                                       (signature of the applicant)

Accepted documents: ________________________________________________________
(Surname, name, middle name (in case of its availability), position of person who accepted documents)
"__" _________ 20 __ years ___________________________________________________
                                          (the signature of person who accepted documents)

Appendix 2

to Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Form

The notification No. _______ from ____ _______ ______ years about adoption of the statement on determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Hereby we notify that the statement from
_________________________________________________________________________
(surname, name, middle name (in case of its availability) about determinations of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents it is registered _____
________________________________________________________________________
(the name of local executive body / foreign institution of the Republic of Kazakhstan) as incoming correspondence for No. ______________ from ________ (date) it will also be considered in determined by the law procedure and terms. The following documents are enclosed to the application:

1) the autobiography (in any form);

2) foreign passport copy of the country of permanent residence;

3) the document confirming communication with the Kazakh nationality (in case of its availability);
_________________________________________________________________________;

Documents принял_________________________________________________________
(surname, name, middle name (in case of its availability), position of person who accepted documents).
_________ (signature) / _________ (date)

--------------------------------------------------------------------------------------------------------------
                                                      (cut edge)

Remains in foreign institution of the Republic of Kazakhstan

Notification on documents acceptance No. ______ _________ _________ of year
__________________________________________________________________________
__________________________________________________________________________
                            (surname, name, middle name (in case of its availability)

Date рождения_______________________________________

Address проживания_____________________________________

Contact information ___________________________________

_________ (signature) / _________ (date)

 Appendix 3

to Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Form

The recommendation of the Commission of determination or of refusal in determination of belonging to the Kazakh nationality from

"__" ________ 20 ___ years No. ________

__________________________________________________________________________
                          (name of local executive body)

The commission, according to subitem 6-10) of Item 1 article 15 of the Law of the Republic of Kazakhstan "About population shift", having considered the application for determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents.

First name, middle initial, last name (in case of its availability)
Birth date
Floor
Residence address
Contact information (in the presence)

The having following family composition (in case of its availability):

First name, middle initial, last name (in case of its availability)	Relationship degree	Birth date	Nationality	Nationality
1	2	3	4	5

Recommends
__________________________________________________________________________
__________________________________________________________________________
Surname, name, middle name (in case of its availability) and the signature of members of the commission:

1)_____________________________, _______________________________;

2)_____________________________, _______________________________;

3)_____________________________, _______________________________;

4)_____________________________, _______________________________;

5)_____________________________, _______________________________.

 Secretary of the commission of _______________________ ______________________
                            (surname, name, middle name (signature) (in case of its availability)

Commission chairman of _______________________ ___________________
                       (surname, name, middle name (signature) (in case of its availability)

Appendix 4

to Rules of determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan in the simplified (registration) procedure in case of lack of the corresponding entry in identity documents, and also in other documents confirming nationality of applicants

Form

The decision On recognition or on refusal in recognition of belonging to the Kazakh nationality

"__" ________ 20 __ No. _____________

_______________________________________________________________________________
                               (Name of local executive body)

The commission on determination of belonging to the Kazakh nationality of persons applying for receipt of the status of kandas and nationality of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan "About population shift", recommended to accept the positive decision / decision on refusal:

First name, middle initial, last name (in case of its availability)
Birth date
Floor
Residence address
Contact information (in the presence)

The having following family composition (in case of its availability):

First name, middle initial, last name (in case of its availability)	Relationship degree	Birth date	Nationality	Nationality
1	2	3	4	5

The basis for decision making about recognition or about refusal in recognition of belonging to the Kazakh nationality is:
__________________________________________________________________________
__________________________________________________________________________

Head of ____________________________________ _________________________
                      (surname, name, middle name (signature/seal) (in case of its availability)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info