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Decision of the custody and guardianship body on the consideration of opinion of the child who reached the age of ten

Как получить услугу
Service provider
Individuals

Documents for the submission to the service provider:

1. Application.

2. An identity card or an electronic document from the digital documents service (required for identity identification).

3. Notary certified consent of the spouse(s) or legal representative of the child (children) who lives separately.

4. A copy of marriage certificate if the one has been married within or outside the Republic of Kazakhstan, copies of documents confirming the fact of the absence of child custody by one of the parents: death certificate or notification, court decision on deprivation or restriction of their parental rights, recognition of parents as missing, incapacitated (limitedly capacitated), declaring them dead, birth certificate etc. (in the absence of information in the information system "registry point of the civil registry system" (hereinafter, civil registry IS) in the form approved by the order of the Minister of Justice of the Republic of Kazakhstan "On approval of the Rules for organization of state registration of civil status acts, amendments, restoration, cancellation of civil status records" dated February 25, 2015 No. 112 (registered in the Register of Statutory Legal Acts State Registration under No. 10764).

5. Child (children) birth certificate in electronic form or its hard copy, in the absence of information in the civil registry IS or if the child was born outside the Republic of Kazakhstan.

Результат оказания услуги

Decision of guardianship and custody body on the consideration of the child's opinion who has reached the age of ten, or a reasoned response about the refusal to provide the public service.

Часто задаваемые вопросы
What should be done when obtaining a refusal?

1. Establishing the unreliability of the documents submitted by the service recipient for the public service receipt and (or) data (information) contained therein.

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

3. The 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 restricted personal data required for the public services provision.

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"

Полное название
Decision of the custody and guardianship body on the consideration of opinion of the child who reached the age of ten
Получатели услуги
Individuals
Стоимость услуги

Free

Срок оказания услуги

10 working days

Услугу оказывает
Ministry of Education of the Republic of Kazakhstan
Место предоставления услуги
Department of Education of cities of republican significance and the capital, subdivisions of education of districts, cities of republican significance

Public services provision rules 

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