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The document ceased to be valid since  June 13, 2020 according to Item 2 of the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 28, 2020 No. 64

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 27, 2016 No. 39

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 17, 2015 No. 219 "About approval of standards of the state services in questions of civil registration and apostilization"

According to Item 1 of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of April 17, 2015 No. 219 "About approval of standards of the state services in questions of civil registration and apostilization" (it is registered in the Register of state registration of regulatory legal acts at No. 11374, it is published in information system of law of Ad_let of July 20, 2015) the following changes:

to be reworded as follows the standard of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" approved by the specified order, according to appendix 1 to this order;

to be reworded as follows the standard of the state service "Issue of Repeated Certificates or Certificates of Civil Registration" approved by the specified order, according to appendix 2 to this order;

to be reworded as follows the standard of the state service "Registration of Change of Name, Middle Name, Surname, including Modification, Amendments and Corrections in Civil Registration" approved by the specified order, according to appendix 3 to this order;

to be reworded as follows the standard of the state service "Recovery of Civil Registrations" approved by the specified order, according to appendix 4 to this order;

to be reworded as follows the standard of the state service "Registration of Death, including Modification, Amendments and Corrections in Civil Registration" approved by the specified order, according to appendix 5 to this order;

to be reworded as follows the standard of the state service "Registration of Annulment of Marriage (Matrimony), including Modification, Amendments and Corrections in Civil Registration" approved by the specified order, according to appendix 6 to this order;

to be reworded as follows the standard of the state service "Apostilization of the Official Documents Coming from Judicial Authorities and Other State Bodies, and also Notaries of the Republic of Kazakhstan" approved by the specified order, according to appendix 7 to this order.

2. To department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan (Kalimova V. K.) in the procedure established by the legislation to provide:

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

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the deputy minister of justice of the Republic of Kazakhstan Abd_rayy B. Zh.

4. This order becomes effective since March 1, 2016 and is subject to official publication.

Minister of Justice of the Republic of Kazakhstan

B. Imashev

It is approved

The acting minister on investments and development of the Republic of Kazakhstan

January 28, 2016

 

_________________ Zh. Kasymbek

It is approved

Minister of national economy of the Republic of Kazakhstan

February 1, 2016

 

_________________ E.Dosayev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 27, 2016 No. 39

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 17, 2015 No. 219

Standard of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration"

1. General provisions

1. The state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration" (further – the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry).

3. The state service appears local executive bodies (further - MIO) the cities of Astana and Almaty, areas and the cities of regional value (further – the service provider).

Reception of an application and issue of result of rendering the state service is performed on alternative basis through:

1) MIO of the cities of Astana and Almaty, areas and the cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts;

2) the non-commercial The Government for Citizens State corporation joint-stock company (further – the State corporation);

3) the web portal of "the electronic government" www.egov.kz (further – the portal).

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package:

to the service provider or in the State corporation – 2 (two) working days (day of acceptance does not enter rendering the state service in time);

in case of registration of the birth of the child after two months from the date of its birth the state service is rendered within 15 (fifteen) calendar days;

in need of additional verification of documents, stipulated in Item 9 these standards of the state service, the term of rendering service is prolonged no more than for 30 (thirty) calendar days, with the notification of uslugopoluchatel within 3 (three) calendar days from the moment of prolongation of term of consideration;

the statement for modification, amendments and corrections in record of the act of civil status - 15 (fifteen) calendar days (day of acceptance does not enter rendering the state service in time), in need of request in other state bodies, term of rendering service is prolonged no more than for 30 (thirty) calendar days, with the notification of uslugopoluchatel within 3 (three) calendar days;

on the portal – receipt of the notification regarding confirmation of adoption of the statement - 1 (one) working day;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel:

to the service provider – 20 (twenty) minutes;

in the State corporation – 15 (fifteen) minutes;

3) the most allowed time of servicing of uslugopoluchatel:

the service provider – 20 (twenty) minutes;

in the State corporation – 15 (fifteen) minutes.

5. Form of rendering the state service: electronic (partially automated) and (or) paper.

6. Result of rendering the state service:

the certificate of birth, the repeated certificate of birth with the made changes, amendments and corrections on paper in case of presentation of the identity document.

On the portal the notification on setting a date of issue of result of the rendering the state service in electronic form signed by the digital signature (further – EPTs) the authorized person of the service provider goes to "personal account" of uslugopoluchatel.

Form of provision of result of rendering the state service: paper.

7. The state service is rendered to for a fee/free of charge physical persons (further – uslugopoluchatel).

1) state registration of the birth appears free of charge;

2) for issue of the certificate in connection with change, amendment, correction and recovery of the birth statement the state fee in the amount of 0,5 of monthly settlement indicators is collected.

The amount of the state fee is estimated at the rates, according to article 537 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget (Tax code)" and enlisted in the place of making of legally significant actions and (or) issues of documents by authorized state bodies or officials.

In the State corporation the state fee is paid through bank institutions which issue the payment document confirming the size and payment date.

When giving electronic request for rendering the state service through the portal payment is performed through payment gateway of "the electronic government" (further – PShEP).

8. Working schedule:

1) the service provider – Monday through Friday inclusive, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

Reception of an application and issue of result of rendering the state service is performed Monday through Friday inclusive from 09:00 till 17:30 o'clock, break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

The state service is rendered in turn, without making an appointment and the accelerated servicing;

2) the State corporation – Monday through Saturday inclusive, according to the established working schedule from 9-00 till 20-00 o'clock without interruption for lunch, except for Sundays and holidays, according to the labor law.

Acceptance is performed according to the procedure of "electronic" queue, in the place of permanent registration of one of parents or in the birthplace of the child without the accelerated servicing, booking of electronic queue by means of the portal is possible;

3) the portal – round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. The list of necessary documents for registration of the birth in case of the address of uslugopoluchatel to the service provider or in the State corporation:

1) the statement for state registration of the birth (further - the statement) in form according to appendix 1 to this standard of the state service;

2) the identity document of parents or the representative under notarially certified power of attorney (for identification of the personality);

3) the copy of the certificate on marriage (matrimony) of parents (persons which registered scrap after 2008 in the territory of the Republic of Kazakhstan do not represent the copy of the certificate);

4) health certificate on the birth or copy of the judgment on factual determination of the birth;

5) notarially certified power of attorney, in case of the address of the representative of uslugopoluchatel;

foreigners in addition represent:

6) the foreigners and persons without citizenship who are constantly living or temporarily staying in the Republic of Kazakhstan submit the identity documents corresponding to the status. Along with presentation of the identity document, notarially attested transfer of its text on state or Russian is represented.

In case of the address on the portal (for citizens of the Republic of Kazakhstan regarding registration of the birth):

1) the electronic statement certified by the EDS of uslugopoluchatel;

2) the electronic document, about civil registration (the registered documents, after 2008 in the territory of the Republic of Kazakhstan are not attached).

Data on identity documents of uslugopoluchatel, on the health certificate on the birth, registration certificates of acts of civil status if registration was made after 2008 in the territory of the Republic of Kazakhstan, are provided to the service provider from the corresponding state information systems through lock of "the electronic government".

In case of registration of the birth of the child after two months from the date of its birth are in addition applied:

1) explanatory parents;

2) the reference of registering body in the birthplace of the child and the residence of parents about lack of the birth record (except the children born after 2008 in the territory of the Republic of Kazakhstan);

3) the health declaration of the child, in the place of its accommodation (issued no later than 7 (seven) working days from the moment of the address);

4) notarially certified power of attorney, in case of the address of the representative of uslugopoluchatel.

In case of documents acceptance of MIO of the cities of Astana and Almaty, areas and cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts or the employee of the State corporation verifies copies of documents then returns originals to uslugopoluchatel.

Data on identity documents of uslugopoluchatel, and also registration certificates of acts of civil status if registration was made after 2008 in the territory of the Republic of Kazakhstan, are provided to the service provider and the employee of the State corporation from the corresponding state information systems through lock of "the electronic government".

The list of necessary documents for modification, amendments and corrections of the birth record in case of the address of uslugopoluchatel to the service provider or in the State corporation:

1) the statement for modification, amendments and corrections in form according to appendix 2 to this standard of the state service;

2) the identity document (for identification of the personality);

3) the certificate of birth, in case of loss of the original certificate – the certificate of registration of the birth;

4) the documents confirming need of modification, amendment and correction;

5) the document confirming payment in the budget of the state fee or the document which is the basis for provision of tax benefits;

6) notarially certified power of attorney, in case of the address of the representative of uslugopoluchatel.

The citizens of the Republic of Kazakhstan who are constantly living abroad, and also the foreigners and stateless persons which registered acts of civil status in registering bodies of the Republic of Kazakhstan of the statement for modification, amendments and corrections in the available civil registrations move through foreign institutions of the Republic of Kazakhstan in registering body on the storage location of the primary record.

When rendering the state service the uslugopoluchatel represents the written consent to use of the data which are the secret protected by the law, containing in information systems if others are not provided by the laws of the Republic of Kazakhstan.

On the portal acceptance of electronic request is performed in "personal account" of uslugopoluchatel. Documents are presented in the form of electronic copies of the documents certified by the EDS of uslugopoluchatel.

When giving by uslugopoluchatel, the documents specified in Item 9 of this standard by confirmation of adoption of the statement:

1) in MIO of the cities of Astana and Almaty, areas and cities of regional value, areas in the city, the cities of district value, akims of settlements, villages, rural districts the mark about registration with indication of date and time of acceptance of document package on paper is;

2) through the portal – in "personal account" of uslugopoluchatel the status about acceptance of request and about procedure for receipt of result of rendering the state service is displayed;

3) in the State corporation the receipt is issued with indication of: numbers and dates of acceptance of request, type of required state service, quantity and the name of the enclosed documents, date (time) and the place of issue of documents, surname, name, middle name of the employee of the State corporation who adopted the statement on document creation, surnames, name, middle name (in case of its availability) uslugopoluchatel, surname, name, middle name (in case of its availability) the authorized representative and their contact telephone numbers.

Issue of ready documents is performed in the State corporation based on the receipt, in case of presentation of the identity certificate of uslugopoluchatel (or his representative under the notarized power of attorney).

The state corporation provides storage of result within one month then transfers them to the service provider for further storage. In case of the address of uslugopoluchatel after one month, at the request of the State corporation the service provider within one working day sends ready documents to the State corporation for issue to uslugopoluchatel.

10. In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these standards of the state service, the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form according to appendix 3 to this standard of the state service.

3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials, the State corporation and (or) their workers concerning rendering the state services

11. Appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials, the State corporation and (or) their workers concerning rendering the state services moves addressed to heads or in the Ministry of Justice of the Republic of Kazakhstan (further – RK MU).

In the claim of uslugopoluchatel its surname, name, middle name (are entered in case of its availability), the postal address.

The claim is accepted in writing by mail or purposely through the service provider, the State corporation or the MU of RK according to the working schedule.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider or the MU of RK with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

The claim of uslugopoluchatel which arrived to the service provider of the State corporation is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslogopoluchatel by mail or is issued purposely in office of the service provider of the Ministry.

In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center concerning rendering the state services 1414, 8 800 080 7777.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel can take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

4. Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

13. Uslugopoluchatelyam of the functions of organism having violation of health with permanent frustration limiting its life activity, in case of need documents acceptance, for rendering the state service, is made by the worker the State corporation with departure at the place of residence by means of the address through Single contact center 1414, 8 800 080 7777.

14. Addresses of places of rendering the state service are placed on Internet resources of the service provider and the www.con.gov.kz State corporation.

15. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability.

16. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of Single contact - the center for questions of rendering the state services 1414, 8 800 080 7777.

Appendix 1

to the Standard of the state service "Registration of the Birth of the Child, including Modification, Amendments of Corrections in Civil Registration"

Form

IN __________________________________

(name of registering body)

from _________________________________

(name, middle name (in case of its availability),

__________________________________

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