Commentary to article 491. Violation of the rules for recording acts of civil status The Code of the Republic of Kazakhstan on Administrative Offences
Concealment of circumstances preventing marriage or reporting false information to civil registry offices -
entails a fine in the amount of five monthly calculation indices.
The object of the administrative offense being commented on is the established management procedure in the field of compliance with the legislation of the Republic of Kazakhstan regulating marriage and family relations.
The subject of the offense is the records of acts of civil status. In accordance with Article 1 of the Code of the Republic of Kazakhstan dated December 26, 2011 No. 518 "On Marriage (Matrimony) and Family", acts of civil status are legally formalized circumstances that individualize a person and are associated with the emergence, existence and termination of his rights and obligations.
The objective side of the article under consideration is characterized by illegal actions (omissions) in the form of:
1) concealment of circumstances preventing marriage;
2) reporting false information to the civil registration authorities.
In the Republic of Kazakhstan, any form of restriction of citizens' rights upon marriage (matrimony) and in family relations based on origin, social, official and property status, race, nationality, language, attitude to religion or any other circumstances is prohibited. The rights of citizens in marital and family relations may be restricted only on the basis of law and only to the extent necessary to protect the constitutional order, public order, human rights and freedoms, public health and morals.
Article 11 of the Code of the Republic of Kazakhstan dated December 26, 2011 No. 518 "On Marriage (Matrimony) and Family" lists the circumstances and persons between whom marriage (matrimony) is not allowed. It is not allowed to conclude a marriage (matrimony) between:
1) persons of the same sex;
2) persons of whom at least one person is already in another registered marriage (matrimony);
3) close relatives;
4) adoptive parents and adopted children, children of adoptive parents and adopted children;
5) persons, at least one of whom is recognized as legally incompetent due to mental illness or dementia by a court decision that has entered into force.
All information upon marriage is set out in a statement, which, in accordance with Article 224 of the Code of the Republic of Kazakhstan dated December 26, 2011 No. 518 "On Marriage (Matrimony) and Family" is set out in writing.
Based on paragraph 34 of the Rules for the organization of state registration of acts of civil status, amendments, restoration, cancellation of records of acts of civil status, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated February 25, 2015 No. 112, the application can be submitted electronically through the web portal "electronic government" by persons who marry for the first time in a month. before the state registration of marriage (matrimony).
All questions contained in the application form must be answered fully and accurately. When applying for marriage, you must submit:
1) a citizen of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan or temporarily staying abroad shall present an identity card or passport; a citizen of the Republic of Kazakhstan permanently residing abroad - a passport of a citizen of the Republic of Kazakhstan with a mark of a consular institution abroad on his registration as a citizen of the Republic of Kazakhstan permanently residing abroad; a foreigner permanently residing abroad a resident of the Republic of Kazakhstan presents a residence permit for a foreigner in the Republic of Kazakhstan. A foreigner temporarily staying in the Republic of Kazakhstan presents a document issued by the internal affairs body of the Republic of Kazakhstan authorizing temporary residence in the Republic of Kazakhstan; a stateless person permanently residing in the Republic of Kazakhstan presents a certificate of a stateless person with a mark of the internal affairs bodies of the Republic of Kazakhstan on registration at the place of residence. A stateless person temporarily staying in the Republic of Kazakhstan shall present an identity document issued by the competent authorities of his country of residence and registered in accordance with the established procedure with the internal affairs bodies of the Republic of Kazakhstan.
A foreigner or a stateless person permanently residing in the territory of another state, along with presenting identification documents, must submit a notarized translation of their text in Kazakh or Russian.
The accuracy of the translation of the text of documents certifying the identity of a foreigner or a stateless person can be certified at a diplomatic mission or consular institution, or at the foreign ministry of the State of which the foreigner is a citizen, or the state of permanent residence of a stateless person.;
2) documents confirming the need to reduce the established age of marriage;
3) information about previous marriages;
4) information about existing children;
5) a receipt confirming awareness of each other's health and financial situation, as well as the absence of obstacles to marriage (matrimony).
In the absence of obstacles to the conclusion of marriage (matrimony), an entry on marriage (matrimony) is entered into the register of civil status records, signed by the persons entering into marriage (matrimony), and sealed with the signature of the head and the stamp of the registering authority. The registration authority refuses the state registration of a marriage (matrimony) if it has evidence confirming the existence of circumstances preventing the conclusion of a marriage (matrimony). The refusal of the registering authority to register a marriage (matrimony) may be appealed in court.
A marriage (matrimony) between foreigners concluded outside the Republic of Kazakhstan, in compliance with the legislation of the state in whose territory it was concluded, is recognized as valid in the Republic of Kazakhstan if it does not contradict the legislation of the Republic of Kazakhstan.
For example, if a marriage is concluded abroad between citizens of the same sex, it will not be recognized as valid in the Republic of Kazakhstan, since same-sex official marriages are prohibited in Kazakhstan.
The subject of the offense may be sane individuals who have reached the age of sixteen by the time the administrative offense ends or is suppressed.
Despite the fact that the age of marriage is set for men and women at eighteen, the registration authorities at the place of state registration of marriage reduce the age of marriage for a period of no more than two years if there are the following valid reasons:
1) pregnancy;
2) the birth of a common child.
The subjective side of all parts of the article under consideration can be expressed either in the form of direct intent or by negligence.
Authorized officials of local executive bodies of the region, city of republican significance, capital, district, city of regional significance have the right to consider cases of administrative offenses provided for in the article under study and impose administrative penalties, namely:
1) akim of the region, city of republican significance and capital, district (city of republican, regional significance and capital) and his deputies (part 2 of art. 729 of the Administrative Code);
2) akims of cities of district significance, towns, villages, rural districts committed on the territory of cities of district significance, towns, villages, rural districts (part 2 of art. 729 of the Administrative Code).
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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