Refund to the budget of the one-time monetary payment paid in connection with the adoption of an orphaned child or a child left without parental care, in case of cancellation of the adoption
The Rules for assigning and refunding a lump sum payment in connection with the adoption of an orphaned child and (or) a child left without parental care (hereinafter referred to as the Rules) have been developed in accordance with paragraph 2 of Article 86 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" and determine the procedure for assigning and refunding a lump sum payment when adoption of an orphaned child and/or a child left without parental care.
The appointment and payment are made by the bodies performing the functions of guardianship or guardianship (hereinafter referred to as the bodies) to citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan, who adopted a minor child permanently residing in the Republic of Kazakhstan, whose only or both parents died, abandoned him, deprived and not restored to parental rights, gave consent to adoption of a child, declared legally incompetent, missing or declared dead, unknown.
The procedural procedure for considering the return to the budget of a lump sum payment paid in connection with the adoption of an orphaned child (or) a child left without parental care, in the event of the cancellation of the adoption, is regulated by the Civil Procedure Code, paragraph 15, Article 140 of the CPC - cases of this category are subject to writ proceedings.
By virtue of article 86 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", an adoptive parent who is a citizen of the Republic of Kazakhstan permanently residing in the Republic has the right to receive a lump sum payment in connection with the adoption of an orphaned child and (or) a child left without parental care. The adoptive parent is obliged to return to the budget the one-time monetary payment paid in connection with the adoption of an orphaned child and (or) a child left without parental care, in case of cancellation of the adoption. The procedure for the appointment, return and amount of a one-time monetary payment in connection with the adoption of an orphaned child and (or) a child left without parental care are determined by the Government of the Republic of Kazakhstan.
The appointment and payment are made by the bodies performing the functions of guardianship or trusteeship (hereinafter referred to as the bodies).
Resolution of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 382 approved the Rules for the exercise of State functions of guardianship and guardianship, these rules were developed in accordance with the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and Family" and determine the procedure for the exercise of state functions of guardianship and guardianship in relation to minors and adults. through local executive bodies.
The functions of the state in guardianship and trusteeship are one of the directions of state policy, the purpose of which is to protect the property and personal non–property rights of citizens who need special forms of protection of their rights and interests.
The functions of the State in guardianship and guardianship are carried out in order to protect the rights and interests of minors, including orphaned children and children left without parental care, in need of adoption, custody or guardianship, foster care, and orphaned children, children left without parental care, under guardianship or guardianship, in foster care, as well as those who are educated in organizations for orphaned children and children left without parental care.
The body organizes activities for the registration of orphaned children, children left without parental care, based on the specific circumstances of the loss of parental care, based on their interests, ensures the choice of the form of placement of children and subsequent control over the conditions of detention, upbringing and education.
The protection of the rights and interests of orphaned children, children left without parental care, is carried out by the body in accordance with the procedure established by the legislation of the Republic of Kazakhstan by transferring them to a family for upbringing (adoption, guardianship or guardianship, patronage), and in the absence of such an opportunity – in organizations of all types for orphans, children left without care. parents.
The appointment and payment is made to citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan, who have adopted a minor child permanently residing in the Republic of Kazakhstan, whose only or both parents died, abandoned him, were deprived of and not restored to parental rights, consented to the adoption of the child, were declared legally incompetent, missing or declared dead, unknown.
According to paragraph 2, the procedure for assigning a one-time monetary payment in connection with the adoption of an orphaned child and (or) a child left without parental care is established.
A one-time monetary payment is assigned and paid to one of the adoptive parents if the court decision on the adoption of the child entered into force no earlier than January 1, 2015, and can be implemented within twelve months from the date of entry into force of the above-mentioned court decision.
A one-time cash payment is assigned and paid for each adopted orphan child and/or child left without care. In case of separation of the adoptive parents at the time of applying for a lump sum payment, it is assigned and paid to the adoptive parent with whom the adopted child lives.
A one-time cash payment is made by transferring funds to the adoptive parent's personal account within seven working days from the date of the decision to appoint a one-time cash payment in connection with the adoption of an orphaned child and (or) a child left without parental care.
According to paragraph 3, the procedure for refunding funds paid in the form of a lump sum payment in connection with the adoption of an orphaned child and (or) a child left without parental care is established.
A one-time monetary payment in case of cancellation of the adoption or recognition of the adoption as invalid is subject to return by the adopter to the local budget of the Republic of Kazakhstan within one month from the date of entry into force of the court decision on cancellation of the adoption or on recognition of the adoption as invalid.
The authority, within five working days from the date of entry into force of the court decision on the cancellation of the adoption or the recognition of the adoption as invalid, notifies the adoptive parent of the need to refund the transferred lump sum payment.
In case of non-return by the adoptive parent of a lump sum payment within the prescribed period, their return is carried out in court.
If the court cancels the adoption of a child, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the adoptive parents) are terminated and the mutual rights and obligations of the child and his parents (his relatives) are restored, if the interests of the child so require. The court, based on the interests of the child, has the right to oblige the former adoptive parent to pay funds for the maintenance of the child.
The cancellation of the adoption of a child is not allowed if the adopted child has reached the age of majority by the time of the request to cancel the adoption, except in cases where such cancellation has the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if they are alive, have not been deprived of parental rights or have not been declared legally incompetent by a court.
The cancellation of the adoption of a child is carried out in court.
The case on the cancellation of the adoption of a child is considered with the participation of the guardianship and guardianship authority, as well as the prosecutor. The adoption is terminated from the date of entry into force of the court's decision to cancel the adoption of the child.
The court is obliged, within three days from the date of entry into force of the court's decision to cancel the adoption of a child, to send an extract from this court decision to the civil registry office at the place of state registration of the adoption.
If the court cancels the adoption of a child, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the adoptive parents) cease.
According to the Resolution of the Government of the Republic of Kazakhstan dated July 10, 2014 No. 787 "On approval of the Rules for the appointment, return and amount of a lump sum monetary payment in connection with the adoption of an orphaned child and (or) a child left without parental care", adoptive parents are assigned a lump sum monetary payment in the amount of 75 MCI per orphan and left without parental care.
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