Unofficial translation
In accordance with Article 132-5 of the Code of the Republic of Kazakhstan dated December 26, 2011”On Marriage (matrimony) and Family”, I hereby ORDER:
1. To approve the attached Rules for financing the maintenance of orphans and children without parental care transferred to adoptive parents.
2. To establish that the amount of the monthly cash payment in connection with the transfer of an orphan child and/or a child without parental care to adoptive parents shall be ten monthly estimates.
3. The Committee for the Protection of Children's Rights of the Ministry of Education and Science of the Republic of Kazakhstan (M.S. Abdykarim), in accordance with the procedure established by legislation, shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of the present order send the copies of this order for official publication in an information and legal system "Adilet" also periodicals on the electronic device with the application of the paper copy certified by an official seal;
3) within ten calendar days after the state registration of this order, send a copy of it in print and electronic form certified by the seal of the Ministry of Education and Science of the Republic of Kazakhstan and certified by the electronic digital signature of the person authorized to sign this order, for submission to the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
4) place this order on the Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;
5) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Department of Legal Service and International Cooperation of the Ministry of Education and Science of the Republic of Kazakhstan on the execution of measures provided for in subparagraphs 1), 2) and 3) of this paragraph.
4. Control over the execution of this order shall be entrusted to the Vice Minister of Education and Science of the Republic of Kazakhstan B.A. Asylov.
5. This order shall be enforced from January 1, 2017.
| Minister of Education and Science | |
| of the Republic of Kazakhstan | E. Sagadiyev |
"AGREED"
by Minister of Finance
of the Republic of Kazakhstan
dated November 18, 2016
___________________ B. Sultanov
| Approved by order № 657 Minister of Education and Science of the Republic of Kazakhstan dated November 15, 2016 |
Rules
for financing the maintenance of orphans and children without parental care transferred to adoptive parents
Chapter 1. General provisions
1. These Rules of financing the maintenance of orphans and children without parental care transferred to adoptive parents shall have been developed according to the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (matrimony) and Family" and shall define a procedure for payment of funds assigned for the orphans and children without parental care transferred to adoptive parents (hereinafter referred as the Rules).
2. The assignment and payment of funds for the maintenance of an orphan child (s) and a child (s) without parental care transferred to adoptive parents shall be made by the bodies exercising guardianship or guardianship functions (hereinafter referred to as the body).
3. The assignment and payment of funds for the maintenance of an orphan child (s) and a child (s) without parental care transferred to adoptive parents shall be made for each child (s) transferred to adoptive parents.
Chapter 2. Procedure for financing the maintenance of orphans and children without parental care transferred to adoptive parents
4. In order to finance the maintenance of orphans and children without parental care transferred to adoptive parents, one of the adoptive parents provides the following to the body at his place of residence:
1) an application for the assignment of funds for the maintenance of a child in accordance with Annex 1 to these Rules;
2) a copy of the agreement on the transfer of a child to a adoptive family in accordance with paragraph 11 of the Regulation on adoptive family approved by order No. 597 of the Minister of Education and Science of the Republic of Kazakhstan dated October 7, 2016 (registered by the Register of the state registration of regulatory legal acts No. 14425);
3) a copy of the agreement to open a current account with the second-tier bank.
5. Within five working days from the date of registration of the application for the assignment of funds for the maintenance of a child, the body shall make a decision on the assignment of funds allocated for the maintenance of a child transferred to adoptive parents in accordance with Annex 2 to these Rules. The decision shall be entered in the register of decisions on the assignment of funds allocated to adoptive parents for the maintenance of the child in accordance with Annex 3 to these Rules.
6. On the basis of the decision on the assignment of funds allocated to adoptive parents, the body shall pay the funds to adoptive parents from the month of the decision on the assignment of funds.
7. Funds allocated to children in adoptive care shall be assigned and paid to adoptive parents until the child reaches the age of 18, including the month of birth.
8. The payment of funds allocated for the maintenance of children transferred to adoptive parents shall be made monthly no later than the fifteenth day of the current month from the month of the decision on the allocation of funds by cashless transfer of funds to the recipient to the current account with the second –tier bank.
9. The payment of funds allocated for the maintenance of children to adoptive parents shall be terminated in the event of early termination of the contract in accordance with paragraph 3 of Article 132-2 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”.
Termination of payments of funds shall be made by decision of the body from the month following the month in which the grounds for early termination of the contract occurred.
10. Within three working days from the date of the decision, the body shall notify (in arbitrary form) adoptive parents of the termination of the payment of funds.
11. Money not received by adoptive parents on time due to the fault of the body shall be paid for the whole past period from the date of application to the body.
| Annex 1 to Rules for financing the maintenance of orphans and children without parental care transferred to adoptive parents |
Form
Application
on the assignment of funds for the maintenance of the child
____________________________________________________________________
(name of body)
I hereby request the assignment of funds allocated for the maintenance of the child, transferred to adoptive parents
____________________________________________________________________
(Full name, date of birth of the child)
Last name ________ First name ________ Patronymic name (if any) ___________ of the adoptive parent.
Address ______________________________________________________________
Type of identity document _____________________________
Series _______ number ______ issued by ______________________________
Individual identification number _____________________________
Current Account No. ___________ Bank Name ____________________
In case of changes in personal data, I hereby undertake to within 15 calendar days to report them.
Warned of liability for provision of unreliable
information and forged documents.
"___" _________ 20 ___ ____________ (applicant's signature)
Decision on the assignment of funds for the maintenance of the child,
transferred to adoptive parents _____________________________________
From "__" ______ 20 ___
Documents are accepted: "___" _________ 20 ______________
____________________________________________________________________
(Signature) (Full name) position of the person who accepted the documents)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(cut edge)
In case of changes in personal data, I hereby undertake to within 15 calendar days to report them.
Warned of liability for provision of unreliable
information and forged documents.
Application of a citizen of ___________________________ with the attached
documents in the amount of _____ pieces accepted "___" ________ 20 __
_________ ___________________________________________________________
(Signed) (Full name, position of the person who accepted the documents)
| Annex 2 to Rules for financing the maintenance of orphans and children without parental care transferred to adoptive parents |
Form
Decision on the assignment of funds allocated for the maintenance
of the child transferred to adoptive parents
No. ___ from "___" ____ 20 ___
____________________________________________________________________
(name of the body)
No. of the case _____________
Citizen _____________________________________________________
(Surname, first name, patronymic name (if any))
Date of the application _____________________________________________________
____________________________________________________________________
Birth certificate (birth certificate record)
No. _____________ date of issue ___________________________
name of the body issuing the birth certificate of the child (record of
birth)
____________________________________________________________________
Full name of the child
Date of birth of the child ______________________________________________
Agreement on transfer to the adoptive family________________________
The date of conclusion_______ __ 20
Amount assigned funds from ____20 __ to ___20 __
In the amount of _______________________________ monthly estimated
Indicators (in words)
Payment of funds terminated due to:
____________________________________________________________________
Place for the seal
________________________________________________________
(Signature and Full name of the head of the body)
| Annex 3 to Rules for financing the maintenance of orphans and children without parental care transferred to adoptive parents |
Form
Register
for registration of decisions of assignment of funds,
allocated to adoptive parents for maintenance of the child
№ | Full name of the child | Full name of the adoptive parent | Date of application and assignment of funds allocated to adoptive parents for the maintenance of the child | Date of making decision for assignment of funds allocated to adoptive parents for the maintenance of the child | Date of issue of the decision on the assignment of funds allocated to adoptive parents for the maintenance of the child |
1 | 2 | 3 | 4 | 5 | 6 |
