On approval of the Rules for the assignment, return and amount of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan dated July 10, 2014 No. 787

      Unofficial translation

      Note of RCLI!
      Shall be enforced from January 1, 2015

      In accordance with paragraph 2 of Article 86 of the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and Family", the Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached Rules for the assignment and return of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care.

      2. To establish that the amount of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care shall be seventy-five monthly calculation indices.

      3. This resolution shall enter into force on January 1, 2015 and shall be subject to official publication.

      Prime-Minister
of the Republic of Kazakhstan
K. Massimov

  Approved
by the Resolution of
the Government of the
Republic of Kazakhstan
dated July 10, 2014 No. 787

Rules
for the assignment and return of a one-off payment in connection with adoption of an orphan child and (or) a child, left without parental care

1. General provisions

      1. These Rules for the assignment and return of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care (hereinafter- the Rules) have been developed in accordance with paragraph 2 of Article 86 of the Code of the Republic of Kazakhstan dated December 26, 2011 " On Marriage (Matrimony) and Family” and shall determine the procedure for the assignment and return a one-off payment upon adoption of an orphan child and (or) a child left without parental care.

      2. Assignment and payment shall be made by the bodies carrying out the functions of trusteeship or guardianship (hereinafter-the bodies).

      3. Assignment and payment shall be made to the citizens of the Republic of Kazakhstan, permanently residing on the territory of the Republic of Kazakhstan, who have adopted an orphan child and (or) a child left without parental care.

      Footnote. Paragraph 3 is in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 02.07.2015 No. 504 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

2. The procedure for the assignment of a one-off payment in connection with adoption of an orphan child and (or) a child, left without parental care

      4. A one-off payment shall be assigned and paid to one of the adoptive parents, if the court decision on adoption of a child entered into force not earlier than January 1, 2015, and can be implemented within twelve months from the date of entry into force of the above mentioned court decision.

      5. A one-off payment shall be assigned and paid for each adopted orphan child and (or) child left without care.

      6. In the case of separate residence of the adoptive parents at the time of applying for assignment of a one-off payment, it shall be assigned and paid to an adoptive parent with whom an adopted child lives.

      7. To receive a one-off payment, one of the adoptive parents shall submit the following documents to the authority at the place where the court decision on adoption of a child was made:

      1) an application in the form according to Appendix 1 to these Rules;

      2) a copy of the court decision on adoption of a child, which has entered into legal force;

      3) a copy of an identity card of the adopter;

      4) a copy of an agreement on opening a personal account in the name of one of the adoptive parents in a second-tier bank or in an organization licensed by the National Bank of the Republic of Kazakhstan to carry out certain types of banking operations.

      Footnote. Paragraph 7 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 02.07.2015 No. 504 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      8. In the absence of a domicile authority, the adoptive parent shall submit the documents specified in paragraph 7 of these Rules to the akim of the village, township, rural district.

      9. An akim of the village, township, rural district shall check the documents of the adopter for compliance with the established requirements specified in paragraph 7 of these Rules, and shall send them to the authority no later than seven working days from the date of acceptance of documents from the adoptive parents.

      The documents shall be provided in originals and copies to the authority or akim of the village, township, rural district for verification, after that they shall be registered, the original documents, and the tear-off coupon of an application with a mark of acceptance of documents shall be returned to an adoptive parent.

      10. The authority shall check the right of an adopter to receive a one-off payment and within ten working days from the date of receipt of an application shall make a decision on assignment or refusal to assign a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care in accordance with Appendix 2 to these Rules.

      11. A one-off payment shall be made by transferring the funds to the personal account of an adopter within seven working days from the date of the decision on assignment of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care.

      12. The grounds for refusal to assign a payment in connection with adoption shall be:

      1) submission of an incomplete list of documents specified in paragraph 7 of these Rules;

      2) cancellation of adoption by the court decision that has entered into force;

      3) recognition of adoption as invalid by the court decision that has entered into force.

      3. Return of funds paid in the form of a one-off payment in connection with adoption of an orphan child and (or) a child left without parental care

      13. A one-off payment in case of cancellation of an adoption or recognition of adoption as invalid shall be returned by the adopter to the local budget of the Republic of Kazakhstan within a month from the date of entry into force of the court decision to cancel the adoption or to recognize the adoption as invalid.

      14. The body within five working days from the date of entry into force of the court decision on cancellation of an adoption or recognition of adoption as invalid shall notify the adoptive parent of the need to return the transferred one-off payment.

      15. In case of non-return by an adoptive parent of a one-off payment within the prescribed period, their return shall be carried out a judicial proceeding.

  Appendix 1
to the Rules for assignment and
return of a one-off payment in
connection with adoption of
an orphan child or a child
left without parental care
  Form
  __________________________
(name of body)

Application

      I hereby request to assign a one-off payment in connection with

      adoption of a child ___________________________________________

      ___________________________________________________________

      (name, date of birth of a child (children)

      Surname ___________________________________________________

      Name ________________ Patronymic (if any) _____________________

      of an adoptive parent

      Address ___________________________________________________

      Name of the court ___________________________________________

      Court decision No. ________ dated "_____" _____________20 __

      Type of document certifying the identity of an adoptive parent _______

      Series _______ number _________ issued by _____________________

      Individual identification number _______________________________

      Personal account No. ________________________________________

      Name of the bank ___________________________________________

      Attachment:

      1) a copy of the court decision on adoption of a child that has entered into legal force;

      2) a copy of an identity card of an adopter;

      3) a copy of the certificate of adoption of a child;

      4) a copy of the birth certificate of an adopted child;

      5) a copy of the agreement on opening a personal account in the name of one of

      adoptive parents in a second-tier bank or in an organization that has

      license of the National Bank of the Republic of Kazakhstan, for the implementation of certain types of banking operations.

      I have been warned about the responsibility for providing inaccurate information and forged documents.

      "______" ______ 20 ___ Applicant's signature _________

      Documents accepted:

      "______" ______ 20 ___

      ____________________________________________________________

      (signature) (full name, position of the person who accepted the documents)

      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

      (cutting line)

      Application of Mr. (Mrs.) ________________________ with attached

      documents in the amount of _______ pieces accepted "___" ____ 20 ___.

      __________________________________________________

      (signature) (full name, position of the person who accepted the documents)

  Appendix 2
to the Rules for assignment
and return of a one-off payment in
connection with adoption of
an orphan child or a child
left without parental care

Decision
on assignment (on refusal to assign)
a one-off payment in connection with adoption
of an orphan child and (or) a child
left without parental care

      No. ___ dated "___" ____ 20___

      _________________________________________________________

      (name of body)

      Citizen ___________________________

      (full name)

      Date of application ________________________________________

      FULL NAME of an adopted child _____________________________

      Date of birth of an adopted child ___________________________

      Birth certificate of an adopted child ________________________

      (record of the act of birth)

      No. _____________ Date of issue _____________________ Name of an

      authority that issued the child's birth certificate

      (record of the act of birth) ___________________________________

      The decision of the court on adoption "_____" ____________ 20__

      The amount of a one-off payment in connection with adoption of a child shall be

      ____________________ tenge

      (amount in writing)

      The assignment of a one-off payment has been refused

      due to: ________________________________________________________

      P. S.

      ___________ (Head of the authority) ___________

      (signature)                                                 (surname)

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