On approval of the Rules for Assigning or extending the status of Candace

On approval of the Rules for Assigning or extending the status of Candace

Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No. 329-O-M dated July 22, 2013. Registered with the Ministry of Justice of the Republic of Kazakhstan on August 16, 2013 No. 8624.

Footnote. The title is in the wording of the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 11.08.2021 No. 284 (effective after ten calendar days after the date of its first official publication).

       In accordance with subparagraph 9) of Article 11 of the Law of the Republic of Kazakhstan dated July 22, 2011 "On population migration", with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services", I ORDER:

      Footnote. The preamble is in the wording of the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 04/29/2020 No. 153 (effective after ten calendar days after the date of its first official publication).

 

  1. Approve the attached Rules for Assigning or Extending the status of Candace.

      Footnote. Paragraph 1 as amended by the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 11.08.2021 No. 284 (effective after ten calendar days after the date of its first official publication).

 

  1. To invalidate the order of the Minister of Internal Affairs of the Republic of Kazakhstan dated November 15, 2010 No. 476 "On approval of the Rules for assigning the status of oralman" (registered in the Register of State Registration of Regulatory Legal Acts No. 6698, published in the newspaper "Kazakhstanskaya Pravda" on January 12, 2011, No. 7-8).
  2. The Migration Committee of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan (Sarbasov A.A.) to provide:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

      2) placement of this order on the Internet resource of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan.

  1. To assign control over the execution of this order to the Vice-Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan Egemberdy E.K.
  2. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

Minister T. Duysenova

 

 

                Approved by order

Minister of Labor and Social

Protection of the Population

Of the Republic of Kazakhstan

dated July 22, 2013

 No. 329-O-M

 Rules for assigning or extending the status of candace

       Footnote. The rules are in the wording of the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 11.08.2021 No. 284 (effective after ten calendar days after the date of its first official publication).

 Chapter 1. General provisions

  1. These Rules for assigning or extending the status of Candace (hereinafter referred to as the Rules) are developed in accordance with subparagraph 9) of Article 11 of the Law of the Republic of Kazakhstan dated July 22, 2011 "On Population Migration" (hereinafter referred to as the Law), with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" and determine the procedure for assigning or extending the status of Candace.
  2. The following basic concepts are used in these Rules:

      1) The State Corporation "Government for Citizens" (hereinafter - the State Corporation) – a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services, services for issuing technical specifications for connection to the networks of natural monopoly entities and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, organizing work on accepting applications for the provision of public services, services for issuing technical specifications for connection to the networks of natural monopoly entities, services of quasi-public sector entities and issuing their results to the service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to immovable property at its location;

      2) kandas is an ethnic Kazakh and (or) members of his family of Kazakh nationality who were not previously citizens of the Republic of Kazakhstan, who arrived in their historical homeland and received the appropriate status in accordance with the procedure established by Law;

      3) ethnic Kazakh - a foreigner or a stateless person of Kazakh nationality;

      4) the principle of "one application" is a form of public service provision that provides for a combination of several public services provided on the basis of a single application.

 Chapter 2. The procedure for assigning the status of Kandas to ethnic Kazakhs who independently entered the territory of the Republic of Kazakhstan

  1. An application for the assignment of the status of candace (hereinafter – the application) is submitted by an ethnic Kazakh applying for the status of Candace (hereinafter - the applicant) in the form according to Annex 1 to these Rules to a local executive body or a State Corporation, with the attachment of documents specified in the list of documents required for the provision of public services of the standard of public service "Assignment or extension of the status of Candace" (hereinafter – the Standard of public services) according to Annex 2 to these Rules.

       The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the standard of public services in accordance with Annex 2 to these Rules.

  1. The general term of consideration of documents and assignment of the status of candace is carried out within four working days.

      If the applicant has an individual identification number (hereinafter - IIN), the total period for reviewing documents and assigning the status of candace is carried out within three working days.

      At the same time, when applying to a State Corporation, the day of receipt of documents is not included in the deadline for the provision of public services.

  1. An employee of a local executive body or a State corporation accepting documents on the day of acceptance of documents checks the completeness and validity of the submitted documents.

       When the applicant submits documents conforming to the standard of public service in accordance with Annex 2 to these Rules, an employee of a local executive body or a State corporation on the day of acceptance of the documents issues a notification of acceptance of the application in accordance with Annex 3 to these Rules.

      At the same time, in the case of the applicant's appeal to the State Corporation, the transfer of the applicant's documents to the local executive body is carried out through the gateway of the "electronic government".

  1. In cases where the applicant provides an incomplete package of documents and (or) expired documents, an employee of a local executive body or a State corporation on the day of acceptance of documents issues a receipt for refusal to accept documents in accordance with Annex 4 to these Rules.
  2. From the date of receipt of the documents, including through the gateway of the "electronic government", an employee of the local executive body registers the application in the automated information system "Candas" (hereinafter - AIS "Candas"), registration is carried out only if the applicant and his family members (if any) comply with the requirements of subparagraph 3) of paragraph 2 of these Rules.
  3. The local executive body checks the data of the applicant and his family members (if any) through the AIS "Candas" for his (their) registration with the local executive body of another region.

      The local executive body, in case of identification of the registration of the applicant and his family members (if any) in another region, makes appropriate amendments to the record of the AIS "Candas".

  1. At the time of registration of the application in the AIS "Candas", the local executive body checks the data of the applicant and his family members (if any) through the state database "Individuals" (hereinafter referred to as the GBD "Individuals") for the presence of his (them) IIN.

      If the presence of an IIN is detected, the generation of a new IIN is not carried out, the local executive body uses the existing IIN during registration.

      In the absence of an IIN in the GBD "Individual", the local executive body enters the data of the applicant and his family members (if any) into the AIS "Kandas" by manually entering on the basis of documents submitted by the applicant and sends an electronic request for the generation of IIN to the information system "Migration Police" of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter referred to as the "Migration Police" of the Ministry of Internal Affairs).

  1. Based on the received personal data from the AIS "Candas", the IS "Migration Police" of the Ministry of Internal Affairs carries out the procedure for generating the IIN in real time and sends it to the AIS "Candas".

      In case of data changes (when erroneous data is entered into the AIS "Candas", or when the information is canceled), the local executive body sends a notification of the changes in personal data to the Migration Police of the Ministry of Internal Affairs.

  1. The decision on the assignment or refusal of the status of candace is made by the local executive body and is drawn up in accordance with Annex 5 to these Rules within five working days from the date of registration of the application by the local executive body.

      The local executive body refuses to assign the status of a candace when:

      1) non-compliance of the applicant and his family members (if any) with subparagraph 2) of paragraph 2 of these Rules;

      2) non-compliance of the applicant and his family members (if any) with subparagraph 3) of paragraph 2 of these Rules;

      3) establishing the fact of unreliability of the submitted documents.

Дата публикации
05 января 2021