ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2001 No. 1010

About Rules of departure of citizens of the Republic of Kazakhstan out of limits of the Republic of Kazakhstan

In pursuance of the Law of the Republic of Kazakhstan of December 13, 1997 "About population shift", and also for the purpose of realization of the rights of citizens of the Republic of Kazakhstan to free movement, the Government of the Republic of Kazakhstan DECIDES: regulations of questions of departure from the country

1. Approve the enclosed Rules of departure of citizens of the Republic of Kazakhstan out of limits of the Republic of Kazakhstan.

2. To the Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan in coordination with Committee of homeland security of the Republic of Kazakhstan to bring into accord with this resolution the regulatory legal acts.

3. Recognize invalid:

1) the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of September 29, 1992 N 813 "About Provisional regulations for entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1992, N 37, the Art. 569);

2) the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of March 24, 1993 N 228 "About modification of the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of September 29, 1992 N 813 "About Provisional regulations for entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1993, N 9, the Art. 107);

3) the order of the Government of the Republic of Kazakhstan of October 31, 1995 N 1408 "About modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1995, N 33, the Art. 428).

4. This resolution becomes effective from the date of publication.

Approved by the order of the Government of the Republic of Kazakhstan of July 26, 2001 No. 1010

Rules of departure of citizens of the Republic of Kazakhstan out of limits of the Republic of Kazakhstan

1. These rules are developed according to the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About population shift", "About the state secrets", "About homeland security of the Republic of Kazakhstan", other regulatory legal acts and determine procedure for departure of citizens of the Republic of Kazakhstan out of limits of the Republic of Kazakhstan.

2. Each citizen of the Republic of Kazakhstan has the right to leave the Republic of Kazakhstan and to return freely to the Republic of Kazakhstan. Departure and return are performed according to the passport of the citizen of the Republic of Kazakhstan.

3. To the citizen of the Republic of Kazakhstan it can be temporarily refused departure out of limits of the Republic of Kazakhstan on the bases provided by the laws of the Republic of Kazakhstan.

4. The citizens of the Republic of Kazakhstan who undertook obligations whenever possible of restriction of the departure out of limits of the Republic of Kazakhstan in connection with their admission to the state secrets (daleesekretonositel) and intending to go abroad irrespective of purpose of visit shall get beforehand the exit visa at heads of those state bodies or other organizations where they signed the specified obligations (further - the organizations).

In cases of reorganization of the organizations the decision on possibility of departure of sekretonositel out of limits of the Republic of Kazakhstan is made by heads of the organizations, being their legal successors.

The decision on issue of the exit visa of sekretonositel is made by heads of the organizations independently taking into account the obligations undertaken by sekretonositel and their actual awareness in the data constituting the state secrets. At the same time the conclusion about the actual awareness of person in the data constituting the state secrets goes to bodies of homeland security. In case of liquidation (abolition) of the organizations the decision on possibility of departure is made by heads of territorial authorities of homeland security at the place of residence of sekretonositel.

Permission or motivated refusal in departure out of limits of the Republic of Kazakhstan is issued in time, established by the legislation for consideration of the applications of citizens.

In case of unauthorized departure out of limits of the Republic of Kazakhstan the sekretonositel can be brought to disciplinary or other responsibility, the stipulated by the legislation Republic of Kazakhstan.

5. Departure on permanent residence from the Republic of Kazakhstan is performed on permission of law-enforcement bodies.

In case of departure out of limits of the Republic of Kazakhstan with other purposes (on official, private affairs, as tourists, for work, study, treatment, rest) permission of law-enforcement bodies is not required.

6. The procedure of issue of permissions for departure to permanent residence out of limits of the Republic of Kazakhstan is determined by the Ministry of Internal Affairs of the Republic of Kazakhstan in coordination with Committee of homeland security of the Republic of Kazakhstan.

7. The persons which reached 18, and who are married - can file 16 years petitions for departure out of limits of the Republic of Kazakhstan on permanent residence. Documents for the children and citizens recognized by court incapacitated move their legal representatives (parents, guardians, custodians).

8. For departure on permanent residence out of limits of the Republic of Kazakhstan to territorial authorities of internal affairs by citizens of the Republic of Kazakhstan personally or their legal representatives submit the following documents:

1) statement questionnaire;

2) identity certificate and passport of the citizen of the Republic of Kazakhstan;

3) notarially certified statement from the persons living in the Republic of Kazakhstan having under the law the right from the leaving alimony (parents and the former spouses if there are minor children from joint scrap, etc.), about absence at them objections on departure. When the applicant for any reasons cannot receive such applications, the issue is resolved judicially;

4) it is excluded

5) certificate of removal from military accounting and delivery of the military ID;

6) the conclusion of guardianship and custody bodies about accounting of opinion of the child who reached 10-year age, parents or other legal representatives in case of decision making about departure;

7) in case of departure on permanent residence of the citizens of the Republic of Kazakhstan who did not reach 18 years together with one of parents (the guardian, the custodian) - the notarized consent of other parent living in the territory of the Republic of Kazakhstan. In the absence of the consent of one of parents departure of the minor can be resolved judicially.

Reclamation from citizens of other documents is not allowed.

Documents acceptance from intermediary legal entities and physical persons is forbidden to law-enforcement bodies.

8-1. Territorial authorities of internal affairs make check of absence at the citizens who filed petitions for departure out of limits of the Republic of Kazakhstan on permanent residence, the bases for refusal in departure out of limits of the Republic of Kazakhstan. Requests of law-enforcement bodies concerning the citizens who filed petitions for departure out of limits of the Republic of Kazakhstan on permanent residence are considered by the interested state bodies in ten-day time.

9. The decision on issue of the exit visa out of limits of the Republic of Kazakhstan on permanent residence is made no later than monthly term from the date of provision of all documents listed in Item 8 of these rules.

10. Issue of the corresponding permission to the citizens of the Republic of Kazakhstan who left the Republic of Kazakhstan on temporary cases and showed willingness to remain there on permanent residence is made by diplomatic representations or consular establishments of the Republic of Kazakhstan abroad in coordination with territorial authorities of internal affairs at the last place of residence of the applicant in the Republic of Kazakhstan.

11. The citizens of the Republic of Kazakhstan who are constantly living outside the Republic of Kazakhstan and temporarily being in the Republic of Kazakhstan leave to the permanent address based on mark of diplomatic representation or consular establishment of the Republic of Kazakhstan abroad about the statement on consular accounting or marks of law-enforcement bodies confirming the fact of their permanent residence abroad.

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