ORDER OF THE MINISTRY OF JUSTICE OF THE KYRGYZ REPUBLIC

of June 13, 2001 No. 91

About approval of Rules about order of registration of acts of civil status of the Kyrgyz Republic

Due to the entering of corrections and amendments into "Rules about order of registration of acts of civil status" and improvement of the organization of work of departments the REGISTRY OFFICE on civil registration,

I order:

1. Approve in the new edition of "The rule about order of registration of acts of civil status of the Kyrgyz Republic".

2. To the head of department of organizational work, personnel and control of execution Mambetova Dzhibek Irzhanovne to bring this order to the attention of chiefs of justice departments of the Batken, Jalal-Abad, Issyk kul, Naryn, Osh, Talas, Chuya regions and managers of district departments the REGISTRY OFFICE of the city of Bishkek.

3. To the assistant department head of acts of civil status and on work with notariate, legal profession, GTsSE and TsZRK of Alybayeva M. A., to chiefs of justice departments of the Batken, Jalal-Abad, Issyk kul, Naryn, Osh, Talas, Chuya regions (Kochkorbayev I., Kozhoakmatov E., Ayylchiyev A., Mambetkadyrov M., Aitmatova T., Tashkarayeva A., Sharshenov O.) to bring this order with appendix to the attention of departments the REGISTRY OFFICE of system of the Ministry of Justice.

4. To impose control of execution of this order on the deputy minister of justice Mamyrov Erkinbek Tobokelovich.

5. Declare invalid the order of the Ministry of Justice of 20.12.00 No. 219 "About approval of rules of acts of civil status".

Rules about order of registration of acts of civil status in the Kyrgyz Republic

Chapter 1. GENERAL PROVISIONS

1. According to Art. 206 of the Code about scrap and family of the Kyrgyz Republic, civil registration is made by departments of civil registration, and in areas where there are no those, - local executive bodies (айыл to okmot).

Departments the REGISTRY OFFICE according to Art. 207 of the Code about scrap and family of the Kyrgyz Republic make registration of the birth, marriage, annulment of marriage, adoption, paternity proof, change First name, middle initial, last name, death, correct, supplement, change, cancel civil registrations, recover the lost records, store assembly books and grant repeated certificates. Ayyl to okmot make registration of the birth, death, marriage and paternity proof.

2. Civil registration concerning the citizens of the Kyrgyz Republic who are abroad is performed in embassies or consulates of the Kyrgyz Republic abroad.

Civil registration of the foreigners and stateless persons living in the territory of the Kyrgyz Republic is made in accordance with general practice, according to the current legislation.

3. When making civil registrations the documents confirming the facts which are subject to registration in bodies of civil registration and identity documents of applicants shall be submitted: the passport, the military personnel of extra urgent service - the identity certificate; the military personnel of conscription service - the military ID; foreigners - the residence permit and the national passport, or only the national passport if in it there is record about the residence permit in the Kyrgyz Republic; to stateless persons - the residence permit for stateless persons; for prisoners - documents of the personal record.

4. According to Art. 210 of KOBS of the Kyrgyz Republic each record made in the book of civil registration shall be read by applicants, is signed by them and the official making record and certified by seal. About making of record of the act of civil status to applicants the appropriate certificate is granted.

5. Registration of the birth, death, adoption (adoption) and paternity proof in bodies of civil registration, issue of certificates in case of change, amendment and correction of records of acts of the birth in cases of paternity proof, adoption (adoption) are made without collection of the state fee.

For registration of marriage, annulment of marriage, change of surname, name and middle name, and also for issue of certificates in connection with change, amendment, correction and recovery of records of acts of the birth, scrap, annulment of marriage both about death and for issue of repeated registration certificates of acts of civil status the state fee in the amount of, established by the Law of the Kyrgyz Republic "About the state fee" is collected.

6. Responsibility for ensuring timely and correct civil registration (the notification of the population about terms and order of registration, identification of cases of evasion from registration, the correct maintaining assembly books and so on) is assigned personally to managers of bodies the REGISTRY OFFICE; in rural settlements - on officials of local executive bodies; abroad - on officials of consular establishments.

7. Officials in civil registration, for non-presentation at the scheduled time or submission of the wrong data on accounting of natural movement of the population, and also for disclosure of secrecy of adoption (article 150 KOBS of the Kyrgyz Republic) can be made for unreasonable refusal responsible, in the procedure established by the law.

Chapter 2. PROCEDURE AND TERMS of REGISTRATION of the BIRTH

1. According to Art. 214 - 216 KOBS of the Kyrgyz Republic registration of the birth is made in bodies of civil registration in the birthplace of the child or at the place of residence of parents or one of them according to the statement for the birth which is made in oral or written form by parents or one of them, and in case of disease, the death of parents or impossibility for other reasons to make the statement - interested persons or administration of medical institution in which there was mother in case of the child's birth.

The statement for the birth shall be made no later than month since the birth of the child, and in case of the birth of the dead child - no later than three days from the moment of the birth.

The omission of fixed term is not the basis for refusal in registration of the birth.

2. Registration of the birth is made in case of presentation:

- certificates of medical institution of the child's birth;

In exceptional cases the fact of the birth of the child can be confirmed by signatures of two witnesses in the graph of the birth statement "The documents confirming the fact of the birth of the child" with indication of surname, name, middle name and the residence of witnesses;

- identity documents of parents (parent);

- the document which is the basis for record of information about the father;

- identity document of the applicant.

As the proof of scrap in the absence of the marriage certficate the mark about registration of scrap can serve in the passport or other identity document.

3. Registration of the birth is made both in department the REGISTRY OFFICE, and in maternity organization.

4. If the birth of the child is registered not in the place of its actual birth, and at the place of residence of parents or one of them, in the birth statement in the column "Birthplace" the place of registration of the birth of the child is specified.

5. If the statement for registration of the birth arrived after year since the birth of the child, registration of the birth is made only by department the REGISTRY OFFICE at the permanent address of the child regularly, in the book of the current registration of acts of the birth, and the information about the child - surname, name, number of assembly record and date register in the alphabet for year of its actual birth and for current period. The applicant in addition shall provide the medical certificate from the observing district doctor.

6. At the request of parents registration of the birth of the child is made in a festive atmosphere. Bodies the REGISTRY OFFICE provide solemn situation in case of registration and issue of the certificate of birth of the child.

7. The certificate of medical institution of the birth of the child shall contain the following data: surname, name, middle name, mother's address, sex of the child, birth date and issues. The reference shall be certified by the signature of the official and seal of medical institution.

8. The father and mother who are married among themselves register the child's parents in the book of registration of acts of the birth according to the statement of any of them.

The basis for such record is the certificate on marriage or identity documents of parents, with mark about scrap registration.

9. If parents are not married among themselves, record about the father of the child is made according to the statement of mother of the child or according to the joint statement of parents, or the father registers according to the judgment about paternity proof. In case of the death of mother, and also in case of impossibility of establishment of its residence record about the father of the child is made according to the statement of the father.

10. In case of the child's birth at mother who is not married if there is no joint statement of parents and the judgment on paternity proof, record about the child's father in the book of registration of acts of the birth is made by the name of mothers, name, the middle name and nationality of the father of the child registers on its specifying. In this case in need of mother of the child the certificate of the birth for social welfare institutions for receipt of benefit is issued about what in column 19 of the birth statement the mark becomes.

11. If parents (or one of them) did not reach eighteen-year age (age of majority), then the birth of the child is registered regularly. The consent of parents (guardians) of minors of the father or mother to registration of the birth of the child at the same time is not required.

Registration of the birth of the child at the minor parents who are not married and did not reach sixteen-year age is made in the presence of the legal representative in accordance with general practice. At the same time in the column 23 "For Marks" record is made: "Registration of the birth was made in the presence of the legal representative", after that the representative undersigns for this column.

12. According to Art. 72 of KOBS of the Kyrgyz Republic the surname of the child in the birth statement is specified by last name parents. In case of different surnames of parents the surname of mother or father under the agreement of parents, and in the absence of the agreement - according to the decision of guardianship and custody body is appropriated to the child. The middle name is appropriated to the child by name the father, and in cases when paternity is not established, at mother who is not married if there is no joint statement of parents and the judgment on paternity proof - by the name of persons, the child who is written down by the father.

The surname of children can be determined also taking into account national traditions. In this case the surname of children by the Kyrgyz national traditions is determined by name of the father with addition of words for male children to "uul" or "тегин", female - "kyza" or without that addition, with writing at first of own name, then name of the father, the middle name is not appropriated.

The surname of the child of the mother who is not married, and bearing surname by national traditions, surname of the child registers taking into account national traditions by the name of mothers (mother) Asan of kyza Asel, (child) Asan to uul Nurdin.

13. To persons of other nationalities at will writing of their surnames, names and middle names can be also made according to their national peculiarities.

14. According to Art. 218 of KOBS of the Kyrgyz Republic if the child was born after the death of person who was married to the newborn's mother in assembly entry and in the certificate of birth the dead can be written down by the child's father under condition if from the date of his death till the birth of the child there passed no more than ten months. Registration of the birth of the child conceived in scrap, but who was born after annulment of marriage or recognition of scrap invalid if from the date of annulment of marriage or recognition by its invalid there passed no more than ten months is made in the same order, as registration of the birth of the child which parents are married.

15. In case of the birth of twins on each of them the separate birth statement is constituted and the separate certificate of birth is granted.

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