Establishing the fact of being in a special settlement for victims of political repression and victims of political repression
The reason for citizens applying for this category of cases is the benefits provided for in article 24 of the Law of the Republic of Kazakhstan "On Rehabilitation of Victims of Mass Political Repression" and the Law of the Republic of Kazakhstan "On Special State benefits in the Republic of Kazakhstan", which are provided to victims of political repression and victims of political repression. Consideration of such a category of cases is not difficult if there is evidence that reliably confirms such a fact. In cases of establishing the facts of registration of the birth of oralmans, the courts should be guided by the provisions of part 3 of Article 184 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", according to which the restoration of civil status records of birth in respect of persons who returned to their historical homeland, it is performed if there are sufficient grounds and only if it is possible to document this fact (a certificate or notification of the absence (loss) of the record) or confirmation by the internal affairs bodies of the legal entry into the Republic of Kazakhstan of these persons and their application for citizenship of the Republic of Kazakhstan. The state registration of the restored birth record of oralmans is carried out at their place of residence. A study of the cases has shown that the courts also consider cases of establishing the fact of birth.
Establishing the fact of being in a special settlement for victims of political repression and victims of political repression
According to paragraphs 1 and 4 of article 187 of the Marriage (Matrimony) and Family Code, the basis for registering a child's birth is a medical birth certificate or a copy of a court decision establishing the fact of birth. In the absence of the grounds for state registration of the birth specified in paragraph 1 of this Article, the state registration of the birth of a child is carried out on the basis of a court decision establishing the fact of the birth of a child by this woman. Thus, birth registration is possible in the presence of a medical birth certificate or a copy of a court decision establishing the fact of birth. A study of the cases showed that, as a rule, women who have given birth to a child outside a medical organization apply to the courts, the need for treatment is due to the need to register the birth of the child in accordance with the procedure established by law. K. applied to the court to establish the fact of the birth of the child, stating that on June 17, 2006, she gave birth to her daughter at home. Mother Zh. delivered the baby, and the girl was named A. She did not apply to the civil registration authorities to register the birth of her daughter, as she gave birth to her out of wedlock, and hid from her father and brothers that this was her daughter. After birth, she registered her daughter at the children's railway polyclinic. A. did not go to kindergarten, as she did not work, she was engaged in her own upbringing. In 2012, when A. turned six, she sent her to the zero class. My daughter is currently in the third grade at the same school. Establishing the fact of birth is necessary for her to register the birth of her daughter and in the future the possibility of obtaining a document – a birth certificate. She asked to establish the fact of A.'s birth on June 17, 2006 at Zh. in the city of Petropavlovsk, North Kazakhstan region. At the hearing, the applicant clarified the requirements and asked to establish the fact of the birth of a female child, named A., on June 17, 2006 in Petropavlovsk, North Kazakhstan region, at the mother of Zh. The court found that K. On June 17, 2006, she gave birth to a child, a daughter, at home, that is, outside the medical organization. Circumstances of the birth of child A. outside the medical organization, Zh. and U. were confirmed by witnesses. Witness J. She explained that she was the applicant's mother, that she had delivered her daughter herself, and that she had not been contacted by a medical institution because her daughter had given birth to a child out of wedlock. Witness U. explained that she was K.'s neighbor, had seen that K. was in a position and A. was indeed the applicant's daughter, K. had a very strict father, and knew that she had given birth to her daughter outside a medical organization. Witness T. explained that she was a primary school teacher. There is a student in her class. He's known K. since first grade. as A.'s mother, that she enrolled A. in school, the applicant constantly accompanies A. to school and meets her. The applicant does not have a medical birth certificate for the child due to the fact that the child was born outside a medical organization. According to the response of the RAGS department of the State Institution, there is no birth certificate for A., born on June 17, 2006. Taking into account the applicant's explanations, written evidence, witness explanations, and evidence examined at the hearing, the court concluded that the stated claims were satisfied.
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