On approval of the Rules for the provision of a state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan"

Order of the Minister of Defense of the Republic of Kazakhstan dated June 19, 2020 No. 281. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 23, 2020 No. 20989.

Unofficial translation

In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", I HEREBY ORDER:

Footnote. Preamble - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

1. To approve the Rules for the provision of a state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan".

2. To recognize as invalid certain orders of the Minister of Defense of the Republic of Kazakhstan, according to the Appendix to this order.

3. The Central Archive of the Ministry of Defense of the Republic of Kazakhstan shall ensure:

1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan in accordance with the procedure established by law;

2) placement of this order on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan after its first official publication;

3) submission of information to the Legal Department of the Ministry of Defense of the Republic of Kazakhstan about implementation of measures stipulated by subclauses 1) and 2) of this clause within ten calendar days from the state of the state registration.

4. Control over execution of this order shall be entrusted to the First Deputy Minister of Defense ‒ Chief of the General Staff of the Armed Forces of the Republic of Kazakhstan.

5. This order shall be brought to the notice of officials to the extent it is applicable to them.

6. This order shall come into force upon expiry of ten calendar days from the date of its first official publication.

Ministry of Defense of the Republic of Kazakhstan

N. Yermekbayev

"AGREED"
Ministry of Digital Development,
Innovations and Aerospace Industry
of the Republic of Kazakhstan

Approved by the order dated June 19, 2020 No. 281

Rules
for the provision of the state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan" Chapter 1. General Provisions

1. These Rules for the provision of the state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan" (hereinafter referred to as the Rules) have been developed in accordance with subclause 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On state services" (hereinafter referred to as the Law) and shall determine the procedure for the provision of the state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan".

The Central Archive of the Ministry of Defense of the Republic of Kazakhstan, in the manner established by the legislation of the Republic of Kazakhstan, within three working days from the date of approval or change in the Rules, shall ensure that information about changes and (or) additions to these rules is sent to the Unified Contact Center and the State Corporation.

Footnote. Paragraph 1 as amended by Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

2. The following basic concepts are used in these Rules:

1) archive reference – a document drawn up on the letterhead of an organization, containing information necessary for individuals and legal entities, indicating archival ciphers and sheet numbers of units of storage of those archive documents on the basis of which it was drawn up, which has legal force (of the original);

2) archive document – a document that is preserved or to be preserved due to its significance for society and the state, as well as having value for the owner;

3) extract from the archives – a document drawn up on a letterhead of an archive, reproducing verbatim a part of the text of an archive document related to a specific fact, event, person, indicating the archive cipher and sheet numbers of the unit of storage;

4) “star” – a thick paper, which is glued at the place of fastening of the sheets of the document, and on which the official seal of the Central Archives of the Ministry of Defense of the Republic of Kazakhstan is affixed.

Chapter 2. Procedure for the provision of the state service

3. The state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan" (hereinafter referred to as the state service) shall be provided by the Ministry of Defense of the Republic of Kazakhstan (hereinafter referred to as the service provider).

4. To receive public service, individuals and legal entities (hereinafter referred to as the Service recipient) shall submit to the non-profit joint-stock company "State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) an application in the form in accordance with Annex 1 to these Rules, with the attachment of the documents specified in Annex 2 to these Rules for the list of basic requirements for the provision of the public service "Apostille of archival certificates and copies of archival documents coming from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan" (hereinafter referred to as the List of basic requirements for the public service).

Footnote. Paragraph 4 - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

5. The list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services shall be given in the list of basic requirements for public services, in accordance with Annex 2 to these Rules.

When accepting documents through the State Corporation to the service recipient, a receipt for the acceptance of the relevant documents shall be issued.

If the service recipient submits an incomplete package of documents in accordance with the list provided for in the list of basic requirements for public services, and (or) expired documents, an employee of the State Corporation shall refuse to accept the application and issue a receipt of a refusal to accept documents in the form in accordance with Annex 3 hereto Rules.

The employee of the State Corporation receives information about the identity document, (for identification of the service recipient) from the relevant state information systems through the gateway of "electronic government".

Footnote. Paragraph 5 as amended by Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon expiration of ten calendar days after the day of its first official publication).

6. Registration of the package of documents received from the State Corporation is carried out by an authorized employee of the office of the service provider on the day of their receipt and is transferred to the head of the service provider, who will appoint a responsible officer.

The responsible executor shall review the package of documents and prepare the result of the provision of public services within 14 (fourteen) working days, or a reasoned response about the refusal to provide public services in accordance with paragraph 9 of the list of basic requirements for public services.

Footnote. Paragraph 6 as amended by Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

7. The service provider shall deliver the result of the public service to the State Corporation no later than one day before the expiration of the period for providing the public service.

Issuance of the result of the provision of public services to the service recipient shall be carried out through the State Corporation upon presentation of an identification document or his/her representative under a notarized power of attorney.

Refusal to provide a public service shall be carried out in accordance with paragraph 9 of the list of basic requirements for public services, while the service provider notifies the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing for the opportunity to express the service recipient’s position on the preliminary decision.

Notice of the hearing shall be sent no later than 3 business days before the end of the period for providing the public service. The hearing shall be held no later than 2 working days from the date of notification.

Based on the results of the hearing, the service provider shall issue Apostilled archival certificates, copies of archival documents, or a reasoned refusal to provide a public service.

Footnote. Paragraph 7 - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 09.03.2022 No. 120 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); as amended by Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect ten calendar days after the day of its first official publication).

8. The service provider ensures that data is entered into the information system for monitoring the provision of state services on the stage of provision of the state service in accordance with the procedure, established by the authorized body in the field of informatization according to subclause11) of clause 2 of article 5 of the Law.

9. Archive references and copies of archive documents, submitted for an apostille affixing, are written clearly and precisely, signatures of officials are signed and imprints of seals are affixed distinctly.

The apostille is affixed on a free-from-text place of a document, or its reverse side and is affixed by the official seal of the Archives.

In case of impossibility of putting an apostille on a document, the apostille stamp is affixed on a separate sheet of paper.

In this case sheets of the document and the sheet of paper with the apostille are tied up together by their sowing with a thread of any color (or a special thin cord, a tape) and are numbered, whereof a relevant notation is made on the “star”.

The last sheet of the documents at the place of fastening is glued up by the “star” on which the official seal of the Archives is affixed. Therewith, the affixed imprint of the seal is placed evenly on the "star" and on the sheet.

The number of fastened sheets is certified with a signature of the head of the Archives, and in case of absence of the latter – by the deputy head.

10. Introduction of amendments to the text of the apostille and changing the sequence of placing its lines in the stamp is not allowed.

It is also not allowed to produce an apostille from a sheet by the method of photocopying the apostille stamp or otherwise for filing to certified documents.

In all cases, the apostille is affixed specifically as an imprint of stamp.

Chapter 3. Procedure for appealing of decisions, actions (inaction) of the service provider and (or) its officials, the State Corporation and (or) their employees concerning the issues of the provision of state services

11. Consideration of a complaint regarding the provision of public services shall be carried out by a higher administrative body, official, or authorized body for assessing and monitoring the quality of the provision of public services (hereinafter referred to as the Body considering the complaint).

The complaint shall be submitted to the service provider and (or) official whose decision, action (inaction) is being appealed.

The service provider, the official whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.

Herein in accordance with paragraph 4 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan, the service provider, or official, whose administrative act, or administrative action (inaction) is being appealed, shall have the right not to forward the complaint to the body considering the complaint if it is within three working days will accept a favourable administrative act, carry out an administrative action that fully satisfies the requirements specified in the complaint.

The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On State Services", shall be subject to consideration within 5 (five) working days from the date of its registration.

A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.

Unless otherwise provided by law, an appeal to the court shall be allowed after a pre-trial appeal.

Footnote. Paragraph 11 - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 09.03.2022 No. 120 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

	Appendix 1 to the Rules for the provision of a state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan"
	Form ____________________________ (name of the service provider) from ____________________________ (Surname, name, patronymic (if any) of the service recipient Place of residence (for individual)/legal address (for legal entity) Contact phone: IIN _____________________

Application for apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense
of the Republic of Kazakhstan

I hereby request to affix the apostille stamp on

____________________________________________________________________

(archive reference and copies of archive documents)

issued by the Central Archive of the Ministry of Defense of the Republic of Kazakhstan.

Appendix:

1) __________________________________________________________________;

2) __________________________________________________________________;

3) __________________________________________________________________;

4) __________________________________________________________________.

I agree for the use of information constituting a secret protected by law contained in information systems.

"___" ______________ 20___ _____________

(signature)

Appendix 2 to the Rules for the provision of a state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan"

List of basic requirements for the provision of the public service "Apostille of archival certificates and copies of archival documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan

Footnote. Annex 2 - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 27.07.2023 No. 735 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

1.	Name of the service provider	Ministry of Defense of the Republic of Kazakhstan
2.	Methods of providing public services	State Corporation
3.	Duration of provision of public services	15 (fifteen) working days. When applying through the State Corporation: the maximum allowable waiting time for submitting a package of documents is 15 (fifteen) minutes; the maximum allowable service time at the State Corporation is 15 (fifteen) minutes.
4.	Form of provision of public services	On paper
5.	The result of the provision of public services	Apostilled archival certificates, copies of archival documents, or a reasoned response about the refusal to provide a public service. In the State Corporation, the issuance of ready-made documents shall be carried out upon presentation of an identity document (or its representative with a notarized power of attorney). The state corporation shall ensure that the result is stored for one month, after which it transfers it to the service provider for further storage. When the service recipient applies after one month, at the request of the State Corporation, the service provider shall within one working day send the completed documents to the State Corporation for issuance to the service recipient.
6.	The amount of payment collected from the service recipient when providing a public service, and the methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan.	For the provision of public services, a state duty is charged in accordance with subparagraph 15) of paragraph 1 of Article 609 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code), which is 50 (fifty) percent of the monthly calculation indicator established for the day of payment of state duty. The state duty shall be paid through the banking institutions of the Republic of Kazakhstan, which issue a document (receipt) confirming the amount and date of payment. When affixing an apostille on documents received for apostille through diplomatic missions and consular offices of the Republic of Kazakhstan, in accordance with subparagraph 2) of Article 622 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code), the following shall be exempt from paying state duty: heroes of the Soviet Union, Heroes of Socialist Labor; persons awarded the Order of Glory of three degrees and Order of Labor Glory of three degrees, "Altyn Kyran", "Otan", awarded the title "Halyk Kakharmany", "Kazakhstannyn Enbek Yeri"; mothers of many children awarded the title "Mother Heroine", awarded with pendants "Altyn alka", "Kumis alka"; veterans of the Great Patriotic War, veterans equal in benefits to veterans of the Great Patriotic War, and veterans of military operations on the territory of other states, persons awarded orders and medals of the former USSR for selfless labour and impeccable military service in the rear during the Great Patriotic War, persons who worked (served) for at least six months from June 22, 1941 to May 9, 1945 and were not awarded orders and medals of the former USSR for selfless labour and impeccable military service in the rear during the Great Patriotic War, persons with disabilities, as well as one from the parents of a person with disabilities since childhood; a child with a disability; the elderly living in general medical and social institutions for the elderly and people with disabilities, orphans and children without parental care, who are fully supported by the state, living in orphanages and (or) boarding schools; citizens affected by the Chernobyl disaster.
7.	Work schedule of the service provider, the State Corporation and information objects	1) Service Provider - from Monday to Friday from 9.00 to 18.00, with a lunch break from 13.00 to 14.00, except weekends and holidays, in accordance with Chapters 6 and 7 of the Labor Code of the Republic of Kazakhstan; 2) State corporation - from Monday to Friday inclusive, in accordance with the established work schedule from 9.00 to 18.00, without a lunch break. On-duty public service departments of the State Corporation, from Monday to Friday inclusive from 9.00 to 20.00 and on Saturday from 9.00 to 13.00, except for Sundays and holidays, in accordance with Chapters 6 and 7 of the Labor Code of the Republic of Kazakhstan; The application shall be accepted through the State Corporation, without expedited service. At the request of the service recipient, it shall be possible to book an electronic queue through the portal.
8.	List of documents and information required from the service recipient for the provision of public services	To the State Corporation: 1) an application for apostille of archival certificates and copies of archival documents coming from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan; 2) an identification document of a citizen, or an electronic document from the digital document service (for personal identification), (or his/her representative under a notarized power of attorney), or a notarized power of attorney, when representing the interests of the service recipient by a third party (submitted for personal identification); 3) receipt of payment of the state fee for apostille; 4) archival certificate and (or) copies of archival documents issued by the Archive, which must be affixed with an apostille stamp. The service recipient agrees to the use of information constituting a legally protected secret contained in information systems when providing public services unless otherwise provided by the laws of the Republic of Kazakhstan.
9.	Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan	1) establishing the unreliability of the documents submitted by the service recipient to receive public service, and (or) the data (information) contained in them; 2) non-compliance of the service recipient and (or) the presented materials, objects, data and information necessary for the provision of public services with the requirements established by these Rules; 3) a negative response from an authorized state body to a request for approval, which is required for the provision of a public service, as well as a negative conclusion of an examination, study or inspection; 4) concerning the service recipient there is a court decision (sentence) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain public service; 5) concerning the service recipient there is a court decision that has entered into legal force, based on which the service recipient is deprived of the special right associated with receiving a public service; 6) lack of 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 that is required for the provision of public services.
10.	Other requirements taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation	For service recipients who have health problems, with a persistent disorder of body functions that limits their ability to live, if necessary, documents shall be accepted for the provision of public services by an employee of the State Corporation who travels to their place of residence by contacting the Unified Contact Center 1414, 8 800 080 7777. The service recipient shall have the opportunity to obtain information about the status of the provision of public services in remote access mode through a "personal account" on the portal, Unified Contact Center 1414, 8 800 080 7777. Addresses of places where public services are provided are posted on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan: www.mod.gov.kz, as well as on the Internet resource of the State Corporation: www.gov4c.kz. Information on the procedure for providing public services may be obtained by calling the Unified Contact Center 1414, 8 800 080 7777.

Appendix 3 to the Rules for the provision of a state service "Apostilling of archive references and copies of archive documents outgoing from the Central Archive of the Ministry of Defense of the Republic of Kazakhstan"

Form

Last name, first name, patronymic (if any) _______________________ (address of the service recipient)

Receipt for refusal to accept documents

Footnote. Annex 3 - as amended by the Order of the Minister of Defense of the Republic of Kazakhstan dated 03.03.2023 No. 177 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).

Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan "On public services", department No.____ branch of the State Corporation "Government for Citizens" (specify address) hereby refuses to accept documents for the provision of public service "Apostille of archival certificates and copies of archival documents originating from the Central Archive of the Ministry of Defense of the Republic Kazakhstan" due to submission of an incomplete package of documents according to the list, provided for by the list of basic requirements for public services, as well as expired documents, namely: Name of missing documents:

1) __________________________________________________________________;

2) __________________________________________________________________;

3) __________________________________________________________________.

This receipt is made in two copies, one for each party.

___________________________________________________________________

(Last name, first name, patronymic (if any) of the State Corporation employee)

________________

(signature, date)

Executor:

Last name, first name, patronymic (if any) _________________________________

Telephone number______________

Received:

________________________________________________________ _________

Last name, first name, patronymic (if any) of the service recipient (signature)

"___" ____________ 20__

Appendix to the order

List of invalidated
structural elements of certain orders
of the Minister of Defense of the Republic of Kazakhstan

1. Subclause 10) of clause 1 of the order of the Minister of Defense of the Republic of Kazakhstan dated March 14, 2017 No. 113 "On approval of the standards of state services of the Ministry of Defense of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts as No. 15393, published on August 11, 2017 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan).

2. Subclause 10) of clause 1 of the order of the Minister of Defense of the Republic of Kazakhstan dated September 11, 2017 No. 515 "On approval of the regulations of state services of the Ministry of Defense of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts as No. 15792, published on October 24. 2017 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan).

3. Subclause 10) of clause 1 of the order of the Minister of Defense of the Republic of Kazakhstan dated June 11, 2019 No. 442 "On amendments to the order of the Minister of Defense of the Republic of Kazakhstan dated March 14, 2017 No. 113 "On approval of the standards of state services of the Ministry of Defense of the Republic of Kazakhstan"" (registered in the Register of State Registration of Regulatory Legal Acts as No. 18846, published on June 24, 2019 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on June 24, 2019).