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Extension of the term for certification of adoption agency

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Online
Legal entities

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Service provider
Individuals

Documents required for submission to service provider:

For accreditation of an adoption Agency:

1. Application.

2. Identification document of the service recipient (required for identification).

3. Notarized copies of constituent documents.

4. A copy of the document issued by the competent authority of the state where the adoption Agency is located (hereinafter – the Agency), confirming its authority to carry out activities in the relevant field.

5. Recommendation letter from the competent authority of the state that issued the document confirming the authority of the Agency or supervising the Agency's activities on the possibility of carrying out relevant activities on the territory of the Republic of Kazakhstan.

6. List of services provided by the Agency to candidates for adoptive parents.

7. Obligation to monitor the living conditions and upbringing of adopted children and provide relevant reports in accordance with the Code of the Republic of Kazakhstan dated December 26, 2011 " on marriage (matrimony) and family".

8. Obligation to monitor the registration of an adopted child in a consular office of the Republic of Kazakhstan upon the arrival of the adoptive parents in their country of residence.

9. Notarized power of attorney issued by the Agency to the service recipient.

10. The obligation of the competent authority of the custodial state Agency's designation of a body or organization, which will submit reports and information on the living conditions and upbringing of adopted children in the prescribed manner in the event of termination of the Agency's activities in the territory of the custodial state Agency, or on the territory of the Republic of Kazakhstan.

11. Obligation of the competent authority of the state where the Agency is located to inform the authorized body for the protection of children's rights of the Republic of Kazakhstan within twenty-four hours from the moment of establishing the fact of death, ill-treatment of the child, including physical or mental violence against the child, as well as attempts on the sexual integrity of the child.

12. Obligation of the competent authority of the state where the Agency is located to notify the authorized body for the protection of children's rights of the Republic of Kazakhstan of changes in the Agency's constituent documents.

To extend the accreditation period for an adoption Agency:

1. Application.

2. A notarized copy of the power of attorney issued by the adoption Agency to the authorized person.

All submitted documents are legalized in accordance with the legislation of the Republic of Kazakhstan and international agreements to which the Republic of Kazakhstan is a party.
Documents issued outside the Republic of Kazakhstan are provided in the official language of the relevant foreign state, and are also subject to translation into Kazakh and Russian.

Service provider
Legal entities

Documents required for submission to service provider:

For accreditation of an adoption Agency:

1. Application.

2. Identification document of the service recipient (required for identification).

3. Notarized copies of constituent documents.

4. A copy of the document issued by the competent authority of the state where the adoption Agency is located (hereinafter – the Agency), confirming its authority to carry out activities in the relevant field.

5. Recommendation letter from the competent authority of the state that issued the document confirming the authority of the Agency or supervising the Agency's activities on the possibility of carrying out relevant activities on the territory of the Republic of Kazakhstan.

6. List of services provided by the Agency to candidates for adoptive parents.

7. Obligation to monitor the living conditions and upbringing of adopted children and provide relevant reports in accordance with the Code of the Republic of Kazakhstan dated December 26, 2011 " on marriage (matrimony) and family".

8. Obligation to monitor the registration of an adopted child in a consular office of the Republic of Kazakhstan upon the arrival of the adoptive parents in their country of residence.

9. Notarized power of attorney issued by the Agency to the service recipient.

10. The obligation of the competent authority of the custodial state Agency's designation of a body or organization, which will submit reports and information on the living conditions and upbringing of adopted children in the prescribed manner in the event of termination of the Agency's activities in the territory of the custodial state Agency, or on the territory of the Republic of Kazakhstan.

11. Obligation of the competent authority of the state where the Agency is located to inform the authorized body for the protection of children's rights of the Republic of Kazakhstan within twenty-four hours from the moment of establishing the fact of death, ill-treatment of the child, including physical or mental violence against the child, as well as attempts on the sexual integrity of the child.

12. Obligation of the competent authority of the state where the Agency is located to notify the authorized body for the protection of children's rights of the Republic of Kazakhstan of changes in the Agency's constituent documents.

To extend the accreditation period for an adoption Agency:

1. Application.

2. A notarized copy of the power of attorney issued by the adoption Agency to the authorized person.

All submitted documents are legalized in accordance with the legislation of the Republic of Kazakhstan and international agreements to which the Republic of Kazakhstan is a party.
Documents issued outside the Republic of Kazakhstan are provided in the official language of the relevant foreign state, and are also subject to translation into Kazakh and Russian.

Результат оказания услуги

The decision on accreditation of the adoption agency or a reasoned decision to extend the accreditation period of the adoption agency or the refusal to provide public services.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver a public servise?

For the subspecies of the public service "Accreditation of the child adoption agency":

1. Non-compliance of the submitted documents with the requirements established by the legislation of the Republic of Kazakhstan.

2. Submission of false information about their activities.

3. The presence of negative information about the activities of the agency or its branches and (or) representative offices, received from the competent authorities of a foreign state, as well as state bodies of the Republic of Kazakhstan.

4. Unfavorable socio-economic, political, environmental situation, the implementation of hostilities in the state where the agency is located.

5. Violation by employees of the branch and (or) representative office of the agency of the legislation of the Republic of Kazakhstan.

6. Violation by the agency of its obligations to monitor the living conditions and upbringing of adopted children and to provide appropriate reports and information in the prescribed manner.

7. Violation by the agency of its obligations to exercise control over the registration of an adopted child in the prescribed manner at a consular office of the Republic of Kazakhstan.

8. Termination of the agency's activities on the territory of its state.

9. Exceeding the established number of accredited agencies in the territory of the Republic of Kazakhstan.

10. Non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the provision of public services with the requirements established by the regulatory legal acts of the Republic of Kazakhstan.

11. Negative response of the authorized state body to the request for approval, which is required for the provision of public services, as well as a negative conclusion of the examination, research or verification.

12. In relation to the service recipient, there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain public service.

13. With regard to the service recipient, there is a court decision that has entered into force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.

14. Absence of the consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection", to access personal data of limited access, which are required for the provision of public services.

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Extension of the term for certification of adoption agency
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Срок оказания услуги

Accreditation of adoption agencies - 30 calendar days

Extension of accreditation of an adoption agency - 15 working days

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