Application
to the decision of the regional
maslikhat
from «__» __ 2022 year № __
Application
to the decision of the regional
maslikhat
from «20» September 2019 year № 458
Rules for burial and organizing the care of graves
in the Aktobe region
Chapter 1. General provisions
1. These Rules for the burial and organization of the case for the care of graves (here in after referred to as the Rules) are developed in accordance with subparagraph 1-16) of paragraph 1 of Article 27 of the Law of the Republic of Kazakhstan “On Local Government and Self-Government in the Republic of Kazakhstan” and determine the procedure for burial and organization of the case for grave care.
Sanitary and epidemiological requirements for the maintenance and operation of cemeteries, the organization of burial and reburial of the deceased or their remains, as well as funeral facilities are determined by the Sanitary Rules “Sanitary and epidemiological requirements for cemeteries and funeral facilities” approved by the Order of the Minister of Health of the Republic of Kazakhstan dated August 19, 2021 No. KR DSM-81 (registered in the Register of State Registration of Regulatory Legal Acts No. 24066).
2. The following basic concepts are used in these Rules:
1) burial (funeral) - ritual actions for burying the body (remains) of the deceased in the ground (grave, crypt) or committing fire (cremation) with the burial of an urn with ashes (ash) in the grave, crypt in accordance with the will of the deceased, religion, customs and traditions that do not contradict sanitary, environmental, urban planning and other rules and regulations;
2) grave - the place of burial of the deceased or his remains;
3) cemetery - a territory specially allocated for the burial of the dead or their remains;
4) cemetery administration – a natural or legal person performing organizational and administrative and economic functions for the maintenance and operation of the cemetery;
5) the civil status registration department (hereinafter referred to as the registration authority) is a local executive body that carries out state registration of civil status acts.
Chapter 2. The order of burial and organization of the care of graves
3. The rules for burial and organizing the care of graves have been developed by the akimat of the region in accordance with the Model Rules.
4. When developing the Rules, the peculiarities of the territory of settlements, their development, as well as the organization of the care of graves, the preservation of objects of historical and cultural heritage, religious purpose and natural landscape are taken into account.
5. The structure of the Rules contains:
1) Procedure for allocating a place for burial;
2) Order of burial of the dead or their remains;
3) Procedure for designing and arranging graves;
4) Procedure for organizing the improvement of burial sites and their maintenance;
5) Procedure for accounting and registration of land plots intended for graves;
6) Procedure for concluding a contract for the maintenance and service of cemeteries and monitoring compliance with its terms.
6. Local executive bodies from the public lands occupied and intended for cemeteries, for each deceased resident of the settlement or a person without a fixed place of residence who died in this settlement, a land plot of at least six square meters is allocated for burial free of charge.
The territory of the cemetery consists of plots that are divided into rows of graves and are equipped with driveways for motor vehicles and passages to the plots of graves.
Akimat of the region (city of regional significance) organizes a set of data (information) of accounting and registration of land plots intended for graves, and also monitors compliance with the terms of the agreement on the organization of the burial case.
Akim of a city of regional significance, a district in a city, a city of region significance, a settlement, a village, and a rural district keeps records and registers of land plots intended for graves on the basis of accounting logs.
Akimat of the district (city of regional significance) on the official Internet resource of the local executive body places up-to-date information on occupied and free plots of the cemetery.
7. Burial is carried out on the territory of the cemetery after presentation of a death certificate to the cemetery administration issued by the registering body that registers death and (or) a medical death certificate in Form No. 045/u approved by order of the Acting Minister of Health of the Republic of Kazakhstan dated October 30, 2020 No. KR DSM-175/2020 "On approval of forms of accounting documentation in the field of healthcare" (registered in the Register of State Registration of Regulatory Legal Acts No. 21579).
8. The burial is registered in the log book, which is maintained by the administration of the cemetery.
9. The log book contains the following information:
Year, month, date of burial;
The grave number;
Surname, name, patronymic (if any) of the deceased;
Date of birth and death;
The cause of death;
Number, date and by whom the death certificate was issued;
Surname, first name, patronymic (if any), individual identification number (if any), date of issue and number of the identity document, address of close relatives of the deceased, in case of absence of relatives, address of the person performing the burial or name, business identification number, address of the organization performing the burial.
10. Upon written application of close relatives, as well as spouse to the local executive body, the apparatus of akim of the district in the city, when providing documents confirming close kinship with the (previously) deceased, the burial of the deceased or his remains next to a previously deceased close relative is provided if there is a vacant plot of land or a grave of a previously deceased close relative at the specified burial place.
11. The burial of the found bodies of the deceased or their remains, drowned persons who died suddenly outside the house, who are in the morgue after a forensic medical examination, in the absence of relatives or persons and institutions that can take over the organization of funerals, is assigned to local executive bodies after registration of the fact of death.
12. The burial of the rootless is carried out at the expense of budgetary funds.
13. The reburial of remains in active and closed cemeteries is not allowed, except in the following cases:
Premature liquidation of the cemetery or its plot;
Transporting remains from individual graves for reburial in the Republic of Kazakhstan or abroad.
14. Design and construction of graves:
The distance between the plots of graves is at least 1 meter on the long sides, and at least 0.5 meters on the short sides;
The depth of the grave is set depending on the nature of the soil and the level of subsurface water and is at least 1.5 meters from the ground surface to the coffin lid (if available). In all cases, the mark for the grave is 0.5 meters above the groundwater level.;
For those who died from particularly dangerous infections, the depth of the grave is set at the level of 2 meters, while bleaching powder is placed on the bottom with a layer of at least 10 centimeters;
Each grave has the embankment 0.5 meters high (hereinafter referred to as a gravestone mound) from the surface of the earth. The gravestone mound protrudes beyond the edges of the grave to protect it from atmospheric waters.
15. Improvement of burial sites and their maintenance:
Within the boundaries of the plot allocated for burial, it is allowed:
to install gravestone monuments and structures made of natural stone or concrete, flower beds and benches;
to plant flowers on the grave, a green fence of ornamental shrubs, followed by its trimming.
The further maintenance of the graves in due course is provided by a close relative.
The placement of monuments and structures, the arrangement of tables, benches and structures outside the burial site is not allowed.
The territory of the cemetery (driveways, paths, flower beds, lawns, sewer, electric and water supply network and structures) is maintained by local executive bodies in due order in accordance with the legislation of the Republic of Kazakhstan.
16. The conclusion of an agreement for the maintenance and service of cemeteries between the local executive body (cities of regional significance) and the cemetery administration is carried out in a timely manner based on the results of a tender held in accordance with the legislation on public procurement.
The cemetery administration provides:
1) Providing citizens with complete information about the procedure for the provision of funeral services, including the placement of information on stands in the cemetery territory;
2) Timely preparation of graves for the burial of the deceased or their remains;
3) Compliance with the established norms of allotment of each land plot for burial and the rules of preparation of graves;
4) Maintenance of buildings, engineering equipment, cemetery territory, fencing, lighting in good condition;
5) control over the organization of work on the maintenance of cemeteries, including systematic cleaning of public paths and household purpose plots, maintenance of water supply networks, maintenance of greenery throughout the cemetery, maintenance of roads and timely garbage pickup;
6) Providing citizens with rental equipment for the care of the burial site;
7) Providing equal access to all subjects of funeral services.