What documents are needed for registration and deregistration in Kazakhstan?

Photo: shutterstock.com: UGC To control the migration processes in Kazakhstan, there is an institute of propiska - registration at the place of residence. Since January 2021, changes have been made to the rules for obtaining it, so check out what documents are needed for registration and deregistration.

How to sign out via State Services yourself

The registered person can independently de-register at any time. And it doesn’t matter who the owner of the property is, his consent is not required for the procedure.

In general, there are no obstacles to the procedure. You can be discharged if you have utility debts, if you have not informed where the citizen will be registered afterwards. So, you can go to State Services and sign out at any time. More precisely, submit an application for deregistration at the place of residence.

If you plan to register in another place, which is why you are filling out an extract, then you can simply register at a new place, the extract from the old one will take place automatically within 3 days.

How to check out of an apartment through State Services:

1. The procedure is performed from your confirmed account. The required section can be found through a search by entering “Deregistration” into it. The system will display suitable sections. In our case, we are talking about permanent registration, so we choose the option of withdrawing at the place of residence.

2. The government service page will open, where the algorithm of actions and what documents are needed (in our case, only a passport) will be described step by step. After reading the information, you need to click on the “Get service” button.

3. An application form opens, which you need to fill out. First of all, the applicant indicates who will be discharged. In our case, he himself. Below, the system itself registers the citizen’s data, which is already in the account on State Services.

4. Next, the system will ask you to indicate your current registration address and a new one, if known. If not known, you can mark “no” and not indicate anything.

5. Indication of the reason for discharge. In this case, it is necessary not only to note the reason, but also to indicate its basis. It is convenient that the basis document is immediately indicated by the system. After selecting an option, a field will open where you need to enter data.

6. Next, the system will ask you to answer some questions. Whether the applicant is a citizen of another state, whether he previously had another citizenship, information is needed about the place of employment, social security, education, marital status, etc. Just fill out all the fields of the online application.

7. The next step is to select a department of the Ministry of Internal Affairs where it is convenient for you to go to complete the discharge procedure through State Health Insurance. You indicate the region of your location, the system opens a map with branches available for selection. You can choose any convenient one.

8. After specifying a convenient department of the Ministry of Internal Affairs, the system will indicate detailed information about it and its work schedule. If the registration form for a specific date and time does not open, it means that the reception is being carried out in a live queue mode.

Finally, the applicant agrees to the processing of the provided data and submits the application for consideration. You can track his “fate” in your personal account on State Services.

Legislation

The procedure for registration and its cancellation is regulated by:

• Federal Law No. 5242-1 “On the right... of movement...” dated June 25, 1993;
• “Registration Rules...” (see latest edition of 2015);
• LCD. First of all, article No. 31. It talks about how to cancel registration without the consent of the resident;
• Civil Code, Article 292. On eviction from housing;
• Code of Civil Procedure, Article No. 154, which determines appeals to the courts and how the claim is considered;
• Residential complex, st. 83 (grounds for cancellation of registration).

Let's try to figure out whether the owner of the apartment has the right to discharge a tenant without his consent.

The application has been submitted, what next?

There is good communication between the State Services portal and the department, so the application is promptly sent to where it is needed. Now you need to track the status of the application in your personal account or the mobile application of the state portal. As soon as the request is processed, a corresponding notification will appear - it will also be duplicated by email address.

The applicant will receive information that he can go to the selected unit of the Ministry of Internal Affairs; he must take his passport with him. The employee will check the passport data and those indicated in the online application for an extract on the State Services. If everything is in order, the corresponding stamp is affixed to the passport.

The extraction procedure is free for citizens; there is no need to pay state fees. The period for providing public services is 3 working days.

Registration of citizens is mandatory

A conversation about registration should begin with the fact that, according to the legislation of the Republic of Kazakhstan, every citizen residing, permanently staying in the territory of the Republic of Kazakhstan or having refugee status must have registration. The place of registration of a citizen is recognized as his legal address, which is used in relations with individuals and legal entities and the state. The place of registration does not have to be your own apartment or house.

According to paragraph 4 of the Rules for Registration of Internal Migrants, you can register in residential buildings and apartments, country houses of gardening partnerships and cooperatives, dormitories, hotels, sanatoriums, dispensaries, boarding houses, boarding houses, nursing homes, and in some cases - in office buildings.

All procedures related to the concept of registration are regulated by the Law of the Republic of Kazakhstan “On Migration of the Population”, the Civil Code and the Decree of the Government of the Republic of Kazakhstan dated December 1, 2011 No. 1427 on approval of the Rules for registration of internal migrants and amendments to some decisions of the Government of the Republic of Kazakhstan.

The place of registration does not have to be your own apartment or house.

Rental housing with subsequent purchase in 2021: conditions and prices >>>

If you need to discharge your child

Another question is if we are talking about discharging a child. The application can also be submitted through State Services, but there are a number of nuances. For example, if a child is under 14 years old, he must be registered with one of the parents. That is, it is impossible to register him, but it is impossible to leave the parent (or he needs to be registered with another parent).

It is impossible to discharge a minor anywhere, the only exception is discharge by court decision. Therefore, you must immediately indicate where the child will be registered (necessarily at the place of registration of any parent). Plus, the consent of both parents is required.

The procedure for discharging a child through State Services:

Everything happens similarly to the algorithm of actions indicated above. Only at the very beginning of the application you need to indicate that you are talking about the discharge of your own or a supervised minor child.

The system will ask you to provide the child's details. You need to enter his full name, date of birth and information about his identity document. This may be a birth certificate or passport if the child is over 14 years old.

You can immediately indicate a new address where the child will be registered after discharge. But you don’t have to specify it, then the child will automatically be registered at the place of registration of one of the parents.

The application is sent for consideration. After receiving an invitation to visit the selected department of the Ministry of Internal Affairs in your personal account, you can take the child’s passport and documents and complete the deregistration process.

If you do not have a confirmed account on State Services, you can submit an application through the MFC, passport office or department of the Ministry of Internal Affairs. In this case, you will need to visit the authority twice: the first - to submit an application, the second - to affix a stamp on the extract.

Which court should I go to?

Next, a statement of claim is prepared and the state is paid. the fee and claim materials are sent to the city (district) court (not to the justices of the peace) at the location of the apartment, house, room. That is, from where the citizen will be evicted.

It is wiser to entrust the conduct of the case in court to a lawyer/attorney. But keep in mind that you should not withdraw from the case. Necessary:

• re-read every document drawn up by a lawyer and express your opinion on this matter, even if it seems unprofessional to you;
• inform the lawyer of all the facts known to you, without dividing them into significant and insignificant. Every detail in such matters is important.
• attend court hearings with a lawyer. First, it will convince the judge that the issue is important to you (this has a strong emotional impact). Secondly, you will be able to explain to the court important points that the lawyer might not be aware of.

In some situations, going to court for eviction without the consent of the tenant or owner is possible on the initiative of the administration. For example, in case of illegal redevelopment, violation of the rights of residents by obscene behavior, or use of the apartment for other purposes. The administration's activity can be awakened by contacting it with complaints directly or through the prosecutor's office.

How can an owner remove a person from an apartment?

It’s good if the “tenant” agrees to be discharged and will carry out this procedure himself through the same State Services or another convenient method. But it happens that the registered person does not want to be deregistered, then the owner needs to take some actions.

Unfortunately, it is impossible to discharge a tenant from your apartment through State Services. If the tenant does not want to be deregistered using the standard method, he will have to go to court. If that citizen does not live in the apartment or is not a family member, the court will side with the plaintiff and make an appropriate decision. Having received the decision in your hands, you need to contact the MFC or the department of the Ministry of Internal Affairs and issue an extract.

If that person has no other place to stay, the court may delay the discharge. That is, give a deferment on eviction for up to 1 year. It is believed that during this period the citizen must resolve his housing issue, and he can be safely discharged. But if we are talking about a minor, difficulties may arise and the involvement of guardianship authorities will be required.

Erroneous interpretation of the rights of a pensioner when moving out of official housing

1. It is impossible to discharge a person from an apartment without the consent of a person anywhere. If he has no other housing, then the owner is obliged, in this case, to provide the evicted person with equivalent housing.
2. Utility debts must be paid before check-out. Otherwise, it will have to be paid to the property owner.

Nuances and features

A child can only be evicted in this case. If after the move his material and living conditions do not worsen. His discharge requires permission from the guardianship authorities. If the child is the owner of the home or part of it, then he cannot be evicted.

30 Jun 2021 uristgd 330

Share this post

Related Posts
• Particularly Valuable Property From 100,000 Rubles
• What documents does a notary give when entering into an inheritance?
• St. 228, Ch 5
• Okof 2021 Bizidom Friendly Family

FAQ

I am the owner of the premises. Can I register my ex-wife through State Services?

No, to discharge a former family member you must go to court; an out-of-court procedure involving filing an online application is not possible. In general, the court will side with you unless there are other aggravating circumstances.

Can I discharge my child through State Services?

Yes, the portal has such an opportunity. But keep in mind that a child under 14 years of age must in any case be registered with one of the parents. You can’t write him out anywhere.

I am 16 years old, can I apply for an extract through State Services?

Yes, at the very beginning of the online application you need to select the option “I am applying for myself, I am under 18 years old.” Applications are accepted from citizens 14-18 years old, but you will need to provide the details of a legal representative, and a minor can submit an application only from his account confirmed on State Services.

How quickly will the statement be issued?

The term for providing the service is 3 working days.

Can I be denied an extract?

No. If you are a legally capable adult citizen of the Russian Federation, you have the right to deregister at your own discretion. In this case, it is not necessary to register somewhere, but if you do not have a temporary or permanent registration for a long time, you may be fined.

Sources:

1. Public services: Removal of a citizen from registration at the place of residence.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

Is this article useful? Not really

Help us find out how much this article helped you. If something is missing or the information is not accurate, please report it below in the comments or write to us by email

Comments: 53

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Novel
   10/12/2021 at 03:23 pm Hello. Lived with my wife for 2 years. Divorced. Then we got together and purchased a private house with a mortgage; I was the only owner and borrower. A year later I registered my wife and child. They separated and came back together several more times. Two years ago we separated completely. A child with a disability. She refuses to be deregistered. Not a word about the child, let him be registered with me. She lives in a civil marriage with someone else. I have a different family. How can I write it out???
   Reply ↓ Anna Popovich
   10/13/2021 at 02:08

   Dear Roman, you need to apply to the court at your place of residence with a statement of claim “to recognize a former family member as having lost the right to use the residential premises.”

   Reply ↓

Reasons

The conditions, as well as the grounds for the forced removal of a citizen from occupied housing, depend on the form of ownership . The most common cases in judicial practice applicable to municipal property include:

1. The debt on utility bills was six months or more (read about extracting from an apartment with debts).
2. The person has not lived at this address for a long time. He has another home where he lives.
3. He uses the living space in which he is registered for other purposes not related to residence.
4. The citizen's home suffered significant damage.
5. He grossly violates both the rights and peace of those around him who live with him.
6. They do not comply with sanitary standards and hygiene rules.
7. He has hostile relations with the rest of the residents; living together is impossible.
8. The lease, rental or sublease agreement, or social lease has expired.
9. The housing is recognized as dilapidated, unsafe, and is being prepared for demolition.
10. Illegal registration. Violations of established rules were detected.

If the apartment is owned , then the following are added to the above:

1. Family relationships have ceased, a divorce has been officially filed (read about the discharge of an ex-wife or ex-husband).
2. There is no common housekeeping. Residents pay separately for the costs of maintaining the home or do not participate in them.

Also find out on our website whether it is possible to discharge a convicted person or a disabled person, whether it is necessary to discharge a deceased person, and in what time frame it is necessary to discharge tenants before selling an apartment.