What needs to be known about fingerprint and genomic registration of the citizens

Введение

On January 1, 2021, the Law "On Fingerprint and Genomic Registration" regarding genomic registration came into force. The provisions of the Law regarding fingerprint registration came into force on January 1, 2024.

In addition, there are many situations in life (fires and plane crashes with numerous victims in different states, the discovery of unidentified corpses, biological traces from unsolved crimes, missing persons) when it is impossible to establish or confirm a person's identity.

The presence of fingerprint and genomic information in the relevant databases will make it possible to exclude the facts of illegal documentation, protect documents from forgery, their owners from fraudulent and other criminal acts, and simplify the procedure for restoring identity documents.

Here we will tell you about the rules of fingerprint and genomic registration.

Fingerprint registration

Fingerprint information refers to information about biometric data on the structural features of papillary patterns of fingers or palms of a person's hands or an unidentified corpse, allowing to establish his identity, and personal data.

Citizens of the Republic of Kazakhstan undergo fingerprint registration on a voluntary basis.

Fingerprints of citizens of the Republic of Kazakhstan who have undergone fingerprint registration are entered into the chip of biometric passports and identity cards.

All citizens of the Republic of Kazakhstan, except children under the age of 12, can undergo fingerprint registration. For children between the ages of twelve and sixteen, fingerprint registration is carried out with their consent in the presence and on the basis of a written application from the child's legal representative.

You do not need to change your documents immediately from 2024, they will be valid until the end of the term.

Mandatory fingerprint registration is subject to:

  • foreigners and stateless persons when applying for a temporary or permanent residence permit in the Republic of Kazakhstan;
  • foreigners and stateless persons who applied for a residence permit of a foreigner in the Republic of Kazakhstan, a certificate of a stateless person for the first time or for its restoration, replacement;
  • foreigners and stateless persons applying for the status of an asylum seeker, applying for a refugee certificate and (or) a travel document for the first time or for their restoration, replacement;
  • foreigners and stateless persons subject to expulsion from the Republic of Kazakhstan or subject to international readmission treaties ratified by the Republic of Kazakhstan;
  • foreigners and stateless persons in obtaining visas of the Republic of Kazakhstan.

Persons with physical disabilities excluding the possibility of fingerprinting, based on the conclusion of the medical advisory commission, as well as persons who lack all fingers or hands on both hands, do not undergo fingerprint registration.

Genomic registration

Genomic information is encoded information about certain fragments of deoxyribonucleic acid of a person or an unidentified corpse, allowing to establish his identity, and personal data (if available).

The genomic database will be created in order to prevent crimes and identify the dead.

DNA data collection is subject to persons convicted of certain types of crimes and unidentified persons whose biological material was seized during investigative actions, unidentified corpses. Relatives of missing citizens will be able to donate genomic information on a voluntary basis with written consent. The collection of this information is entrusted to the Department of Internal Affairs with the participation of DNA laboratories, judicial and forensic medical examination bodies of the Ministry of Justice.

The process will be limited to obtaining buccal epithelium (saliva) from the inner sides of the cheeks.

In most cases, the state intends to store the received genomic information or genomic profile for 25 years from the date of collection.

Genomic registration is subject to:

  • persons convicted of committing criminal offenses,
  • persons convicted of committing grave or especially grave crimes, as well as crimes provided for in articles 120, 121, 122, 123 and 124 of the Criminal Code of the Republic of Kazakhstan,
  • unidentified persons whose biological material was seized during a pre-trial investigation for unsolved grave or especially grave criminal offenses, as well as all categories of criminal offenses against sexual integrity and sexual freedom of the individual;
  • biological relatives of missing citizens, first of all, parents (parent) and (or) children (child), and in their absence other biological relatives, depending on the degree of kinship;
  • unidentified corpses.

Responsibility for the refusal to undergo the fingerprint and genomic registration

  • The refusal of the foreigners or stateless persons to undergo compulsory fingerprint registration entails administrative deportation from the Republic of Kazakhstan.
  • The refusal of the citizens of the Republic of Kazakhstan, foreigners or stateless persons to undergo compulsory genomic registration entails a fine of 5 MCI.
  • The avoidance of passing genomic registration of the person convicted of the probation entails liability under Article 176 of the Criminal Code up to the cancellation of the probation.