News of legislation in the field of civil registration

In accordance with the instructions of the Head of state, the Ministry of justice is actively working to convert public services to electronic format.

In this regard, the President of the Republic of Kazakhstan on November 25 this year signed the Law of the Republic of Kazakhstan "on amendments and additions to certain legislative acts of the Republic of Kazakhstan on the provision of public services", initiated by deputies of the Majilis of the Parliament of the Republic of Kazakhstan.

In order to optimize public services in the field of civil registration, amendments were made to more than 50 articles of the code "on marriage (matrimony) and family" (hereinafter – the Code).

The main purpose of the changes is to simplify the procedure for registration of civil status acts, eliminate the requirement of unnecessary documents, significantly reduce the time for providing public services, and protect the rights and interests of children.

In particular, the state registration of adoption and establishment of paternity, as well as registration of such types of legal records as divorce on the basis of a court decision, has been canceled.

For example, if at present the spouses have to terminate the marriage through the court, and then apply to the rags authorities to obtain a certificate, then according to the changes, from the moment the court decision comes into force, a note on the dissolution of marriage will be automatically made in the record of the marriage certificate and the need for obtaining a certificate will be removed. Now citizens are exempt from the need to visit the rags bodies.

In order to preserve the family secret, the secret of adoption, and the child's origin guaranteed by the Constitution and the Code, sections of state registration of establishing paternity and state registration of adoption are excluded. At the same time, information about the child's identity and parents is indicated only in the birth certificate.

Currently, when adopting or establishing paternity, a child is issued 2 certificates-adoption or establishing paternity and a birth certificate. According to the new changes, in order to eliminate unnecessary documents, by simplifying the procedure, both for citizens and for the registration authority, a child is issued only a birth certificate.

Now, for the convenience of citizens, the state service for registering all types of civil status acts, making changes, corrections and additions to them, restoring and canceling act records, obtaining repeated certificates and certificates is provided on an extraterritorial basis.

For example, in case of loss of documents, a citizen can apply to any registration authority, regardless of the place of birth where he lives, and get a second birth certificate.

There is no need for citizens to submit documents to state bodies that can be obtained from information systems (court decisions, medical certificates, information about registered acts in the Republic of Kazakhstan, etc.).

At the parents ' choice, the possibility of proactive birth registration via SMS messages is regulated by law.

However, if the child was born in a maternity hospital, the child must be issued a birth certificate independently, even if there is no identity document of the mother.

The list of documents that can be the basis for registering the birth of children born abroad has been expanded. To date, information about the birth of a child born abroad is not available in information systems, since the birth certificate was issued by foreign registration authorities.

In this regard, if the child's parents want to issue a birth certificate in Kazakhstan, it is enough to apply to the registration authority and submit a birth certificate issued abroad (if necessary, affixed or legalized with an apostille seal). A new birth certificate is issued indicating the actual place of birth of the child.

For example, if the child was born in Uzbekistan, the parents can present the birth certificate to the registration authority and obtain a birth certificate in Kazakhstan, where the child's place of birth will be indicated in Uzbekistan. It should be noted that apostille or legalization of documents issued in the CIS countries is not required.

This innovation will allow citizens of the Republic of Kazakhstan who were born abroad to receive full-fledged public services for their children: placing on the waiting list in pre-school educational organizations, registering with health organizations, receiving benefits, debt relief, etc.

At the same time, it is possible to determine the relationship with parents in information systems.if the certificate is lost or damaged, you can get a new one at any registration authority, without sending a request to the place of birth.

In addition, if parents want to assign a double name to a child and if his name is written with a hyphen and the father's double name, then the ability to correctly write the middle name with a hyphen is introduced.

If the mother brings up the child herself, then when the child reaches the age of sixteen, at her own discretion, she wants to change the surname to the mother's surname (without changing the child's patronymic), the change to the mother's surname is provided.

Currently, relatives of the deceased must apply to the registration authority for a death certificate. When a tragic situation occurs in a family, relatives cannot appear at the registration authority, or there are cases when the deceased has no relatives at all.

In order to optimally resolve this issue, if the application for registration of the death certificate has not been received within 3 days, the registration authority has introduced the possibility of registration on the basis of a medical certificate or a court decision. If necessary, relatives can get ready-made documents through the e-government portal, public service Centers, or at the request of the registration authority.

Summing up the results of the speech, changes in the field of RGS will significantly reduce the time and financial costs of the population and transfer public services to a more digital format.