Appendix 1
to the Order of the Minister of Justice
of the Republic of Kazakhstan
dated May 28, 2020 No. 64
Rules for organizing the state registration of civil status acts, Making Changes, restoring, canceling Civil status records
Chapter 1. General provisions
These Rules for the organization of state registration of civil status acts, amendments, restoration, cancellation of civil status records (hereinafter – the Rules) are developed in accordance with the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter-the Code), the Civil Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "On Public Services" (hereinafter-the Code). – The Law), "On identity documents", "On Informatization", "On personal data and their protection", "On National Registers of Identification Numbers" and other regulatory legal acts of the Republic of Kazakhstan in the field of marriage legislation.
The rules determine the procedure for organizing the state registration of birth, death, marriage (matrimony), divorce (matrimony), change of name, patronymic, surname, making changes, additions, including when establishing paternity (motherhood), adoption (adoption), corrections, restoration, cancellation of civil status records, as well as issuing repeated certificates, certificates and copies of act records on the state registration of civil status acts in the territory of the Republic of Kazakhstan.
The following basic concepts are used in the Rules:
1) registering body - the local executive body performing the state registration of civil status acts;
2) the information system "Registration Point of the Civil Registry Office" (hereinafter referred to as the IS Registry Office) is an information system designed for the state registration of civil status acts, as well as for making changes, corrections, additions, cancellation and restoration in electronic form, containing information that constitutes personal data of individuals.;
3) individual identification number (hereinafter - IIN) – a unique number formed for an individual, including an individual entrepreneur who carries out activities in the form of personal entrepreneurship;
4) non-profit joint-stock Company " State Corporation "Government for Citizens "(hereinafter-the State Corporation) – a legal entity established by the decision of the Government of the Republic of Kazakhstan for the provision of public services, services for the issuance of technical conditions for connection to the networks of natural monopolies and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, the organization of work on the reception of applications for the provision of public services, services for the issuance of technical conditions for connection to the networks of natural monopolies, services of quasi-public sector entities and the issuance of their results to the service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, performing state registration of rights to immovable property at the place of its location;
5) authorized body in the field of public services-the central state body that manages and inter-sectoral coordination in the field of public services;
6) information system for monitoring the provision of public services (hereinafter referred to as "Monitoring") – an information system designed to automate and monitor the process of providing public services, including those provided through a State Corporation;
7) proactive service – a public service provided in electronic form, provided on the initiative of the subject of the provision of services, for the provision of which the mandatory consent of the subject of receiving the service is required, provided through a cellular subscriber device;
8) cellular subscriber device – a means of communication of individual use that generates electrical communication signals for transmitting or receiving information specified by the subscriber and is connected to the network of a cellular operator, does not have a permanent geographically determined location within the territory served, and operates in cellular communication networks;
9) e-government web portal www.egov.kz (hereinafter referred to as the portal) – an information system that provides a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connecting to the networks of natural monopolies and services of quasi-public sector entities provided in electronic form;
10) e – government payment gateway (hereinafter referred to as PSHEP) – an information system that automates the processes of transmitting information about payments made as part of the provision of paid services rendered in electronic form;
11) electronic digital signature (hereinafter referred to as EDS) – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of its content.
The state registration of civil status acts is carried out by the registration authorities in electronic form through the Civil Registry Office.
The organization of civil registration of residents of a village, settlement, or rural district is carried out by local executive bodies of districts in the city, cities of district significance, akims of settlements, villages, and rural districts in accordance with Article 179 of the Code.
In order to protect and maintain the confidentiality of electronic information resources and information systems, access to the IP Registry Office is provided to the registration authorities by the owners or owners of information systems through the approval of the relevant applications for granting the right to use.
Territorial bodies of justice of the region( cities of republican significance), registering bodies within the competence use the electronic version of the act records located on the central server of the State Database on Individuals.
Registration authorities perform the following actions:
1) make state registration of birth, death, conclusion and dissolution of marriage( matrimony), change of name, patronymic, surname;
2) change, supplement, including when establishing paternity (motherhood), adoption (adoption), correct, restore and cancel the records of civil status acts;
3) issue primary and repeated certificates, certificates, copies of civil status records;
4) ensure the safety of books and forms of certificates of state registration of acts of civil status.
State services in the field of state registration of civil status acts, making changes, additions, corrections, restoration, cancellation of civil status records, issuing repeated certificates and certificates of state registration of civil status acts are provided to individuals (hereinafter referred to as the service recipient).
State registration of civil status acts in respect of citizens of the Republic of Kazakhstan permanently or temporarily residing outside the Republic of Kazakhstan is carried out by foreign institutions of the Republic of Kazakhstan and the act records made by them are transferred to the registration body of the akimat of the capital of the Republic of Kazakhstan.
The legislation of the Republic of Kazakhstan applies to the state registration of civil status acts in foreign institutions of the Republic of Kazakhstan, if the interested persons are citizens of the Republic of Kazakhstan.
State registration of civil status acts is carried out by the registration authorities in accordance with the identity documents corresponding to the legal status of the owner.
Non-compliance with the legal status of the owner of the identity document is invalid and is subject to delivery and replacement in the internal affairs bodies of the Republic of Kazakhstan.
To identify the identity of the service recipient, an identity document is presented in accordance with paragraph 1 of Article 6 of the Law "On Identity Documents".
A foreigner permanently residing in the Republic of Kazakhstan presents a residence permit for a foreigner in the Republic of Kazakhstan.
A stateless person permanently residing in the Republic of Kazakhstan presents a certificate of a stateless person with a mark of the internal affairs bodies of the Republic of Kazakhstan on registration at the place of residence.
A foreigner or a stateless person temporarily staying in the Republic of Kazakhstan shall present an identity document issued by the competent authorities of the country of which the foreigner is a citizen or of the State of permanent residence of the stateless person and a notarized translation of their text in Kazakh or Russian.
Documents issued by the competent authorities of foreign states confirming the commission of acts of civil status outside the Republic of Kazakhstan, according to the laws of the relevant states in respect of citizens of the Republic of Kazakhstan, foreigners and stateless persons are recognized as valid in the Republic of Kazakhstan, if they do not contradict the legislation of the Republic of Kazakhstan, also in the presence of consular legalization or a special stamp (apostille).
Also, documents issued outside the Republic of Kazakhstan in the language of the relevant foreign state are subject to translation into the state or Russian language.