План научных публикаций:

№№	Вид публикации	Сроки выполнения
1	Статья в материалах республиканской конференции	октябрь-ноябрь 2015г.
2	Статья в материалах международной конференции	февраль- март 2015-16г.
3	Статья в материалах конференций	октябрь-ноябрь 2015г.
4	Статья в материалах конференций	февраль-март 2016г.

В период выполнения научно-исследовательской работы мной были собраны научные материалы отечественных и зарубежных авторов.

Также мной были подготовлена на сегодняшний момент 1 научная статья для публикаций, которые будет представлена в отчете ниже.

Таким образом, объем проделанной научно-исследовательской работы положил начало для дальнейших научных исследований по теме выбранной магистерской диссертации, позволил получить теоретические знания и практический опыт проведения научных исследований (определение актуальности, целей, задач, теоретической и практической значимости научной диссертации), способность анализировать, обобщать, выводить для себя актуальные научные проблемы.

Статья 1.

Suleimenova S.J.- doctor of legal Sciences,

professor Chair of Civil Law and Civil Procedure,

Labour and Law, Faculty of Law

al-Farabi Kazakh National university

Nurahmetova G.G. – candidate of legal Sciences,

Docent Chair of Civil Law and Civil Procedure,

Labour and Law, Faculty of Law

al-Farabi Kazakh National university

Yermagambetova A.S.

1st year magister (profile direction) Faculty of Law

al-Farabi Kazakh National university

yermagambetova.a@mail.ru

The legal regulation of adoption according to the RK’s legislation: theory and practice

Resume

This article some issues of adoption (adoption) of the Republic of Kazakhstan. Adoption is the most preferred form of placement of children without parental care. This form is the best method of protection rights of children, left without parental care.

Keywords: adoption of the child (children), children left without parental care, adoption agencies, patronage.

According to the Code on marriage (matrimony) and the family, types of legal relationships can be adoption, guardianship, custody or foster care.

Adoption - legal form of the transfer of the child in foster care on the basis of a judicial decision, as a result of which there are moral and economic rights and obligations equated to the rights and obligations of family origin.

Patronage - a form of education in which the orphans, children left without the care of parent (s) are sent to foster care in the family under a contract entered between the body carrying out the functions of guardianship or trusteeship, and the person who had expressed a desire to take the child (ren) on education.

Guardianship - legal form of protection of the rights and interests of children who have not attained 14 years of age, and persons found incompetent by a court.

Custody - legal form of protection of the rights and interests of the child (ren) under the age of 14 to 18 years, and adults of limited legal capacity by the court due to abuse of alcohol or drugs. Adoption is permitted in respect of minor children whose births are registered in the manner prescribed by the Code on marriage (matrimony) and the family, and only in their best interest, taking into account opportunities to ensure full physical, mental, spiritual and moral development. This takes into account the age and maturity of the child's consent to adoption.

Adoption is subject to the children, one or both of whose parents are:

1) died;

2) abandoned the child;

3) deprived or parental rights restored;

4) have agreed to adopt a child;

5) have been recognized by the courts as incapable, missing or declared dead;

6) are unknown[1].

Children who are the citizens of the Republic of Kazakhstan, consisting centralized registration of orphans and children left without parental care may be given in adoption to citizens of the Republic of Kazakhstan permanently resident outside the Republic of Kazakhstan, and relatives of the children, irrespective of their nationality. In a case of child adoption by foreigners court is obliged to ensure the implementation of the authorized body in the field of protection of children's rights of the Republic of Kazakhstan shall have priority adoption of the child's relatives, regardless of their nationality and place of residence or the citizens of the Republic of Kazakhstan. Adoption of children by foreigners allowed only nationals having equivalent effect with Kazakhstan's international obligations to protect the rights and interests of children. Citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan wishing to adopt children who are required to personally choose the child, have him direct contacts for at least two weeks to submit to the authority in charge of the guardianship or trusteeship, the location of the child's written request of the desire to adopt the child, and to submit the certificate of inspection of living conditions, information on the amount of gross income, marital status, health status, criminal record. Citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan wishing to adopt orphans and children left without parental care under the age of one year have the right to take the children into care or foster care until the end of the procedure of adoption. The adoptive father of the child is required to raise a child, to take care of his health, physical, mental, moral and spiritual development. The adopter has the right to determine how the child's upbringing, taking into account the child's views and recommendations of the authority conducting the functions of guardianship or trusteeship, and shall comply with the requirements under this Code. Adoptive parent who is a citizen of the Republic of Kazakhstan permanently residing in the Republic, is entitled to receive a lump sum cash payment in connection with the adoption of orphans and (or) a child left without parental care. The adopter must return to the budget paid a lump sum cash payment in connection with the adoption of orphans and (or) a child left without parental care, in case of cancellation of adoption. Adoptive parents who are citizens of the Republic of Kazakhstan permanently residing in the Republic are required at least once a year until the child reaches the age of eighteen years to submit to the authority in charge of the guardianship or trusteeship, the place of the court decision on adoption reports on the conditions of life, education , education and health status of the adopted child. Adoptive parents who are citizens of the Republic of Kazakhstan permanently resident outside the Republic of Kazakhstan and foreign adoptive parents are required in the first three years after the entry into force of the court decision on adoption every six months, in the next few years - at least once a year until the child reaches eighteen age to submit to the authorized body in the field of protection of children's rights of the Republic of Kazakhstan reports on the living conditions, training and health status of the adopted child. Adoption by the court at the request of the person (s) wishing to adopt a child. The cases of the adoption of the child by the court is producing in the special procedure is prescribed by the Civil Procedure Code of the Republic of Kazakhstan.

Cases concerning the adoption of children are considered by the court with mandatory participation of the adoptive parents, the representative body which carries out the functions of custody or guardianship, as well as the prosecutor. With adoption in the Republic of Kazakhstan nationals of the Republic of Kazakhstan a child who is a foreigner, you must obtain the consent of the child's legal representative and the competent authority of the State of nationality of the child, as well as, if required, in accordance with the legislation of that State, the child's consent to adoption.

Adoption of a child who is a citizen of the Republic of Kazakhstan and living outside of the Republic of Kazakhstan, the competent authorities of the foreign state of which the adoptive parent is recognized as valid in the Republic of Kazakhstan subject to prior authorization for the adoption of the local executive body at his place of residence or his or her parents to travel outside the territory of the Republic of Kazakhstan. Rights and obligations of the adoptive parent and the adopted child arise from the date of entry into force of the court decision on adoption of a child. The court shall, within three days from the date of entry into force of the court decision on adoption of a child to send the extract of the verdict to the registration authority in the place of judgment on adoption and the body carrying out the functions of guardianship or custody, the place of judgment. One person can adopt a few children who are siblings or not made up with each other in kinship. Between the adopted children who do not belong to each other in a relationship, there are rights and responsibilities as between brothers and sisters. 2. Adoption of brothers and sisters, was raised in the same family, different persons is not permitted, except in cases when the adoption is in the interests of the children and the children do not know their relationship is not living and not brought together.

Adoptive parents can be adult persons, except:

1) persons recognized by court as incapable or partially capable;

2) spouses, one of whom is recognized by court incapable or partially capable;

3) persons deprived of parental rights by a court or tribunal of limited parental rights;

4) persons suspended from duties of the guardian or trustee for improper execution of his duties by the laws of Republic of Kazakhstan;

5) former adoptive parents, if the adoption was canceled by court because of their fault;

6) persons who for health reasons can not exercise their parental rights. The list of diseases, under which a person may not adopt a child, take him under custody or guardianship, patronage, established by the authorized body in the field of health care;

7) persons who have no permanent place of residence;

8) persons holding different sexual orientation;

9) persons having outstanding or previously convicted for committing an intentional crime at the time of adoption;

10) persons without citizenship;

11) males, not in a registered marriage (matrimony), except where the actual raising a child for at least three years following the death of the mother or the deprivation of her parental rights;

12) persons who at the time of adoption do not have an income providing adopted child subsistence minimum established by the legislation of the Republic of Kazakhstan;

13) persons were registered in drug treatment or mental hospital.

3. Persons who are not together in marriage (marriage), can’t jointly adopt the same child.

Based on the specifics of cases of this category, the court must check the indication in the statement of information about themselves adoptive children that they wish to adopt, their parents, the request for possible changes in the registry of the birth of adopted children, the circumstances to which the code relates the opportunity to be an adoptive parent confirming their evidence, and the presence in the annex to the application the following documents:

- Finally, the body carrying out the functions of custody or guardianship of residence (location) of the child and on the validity of the adoption, according to the interests of the adoptee;

- Certificate of inspection of the living conditions of the adoptive parents;

- Copy of act record and birth certificate of the child;

- A medical report of the competent authority on the state of health, physical and mental development of the adoptee;

- Parental consent for adoption of a child if it is required by law;

- The child's consent to the adoption if the child has reached the age of 10 years;

- Evidence confirming that the applicant may be an adoptive parent of the child.

Failing receipt by the applicant of documents from the relevant authorities, they must be demanded by the court at the request of the applicant[2].

The protection of rights and interests of the orphans and children, left without parental care, lays on representative organ in sphere of defence of children’s rights of the RK and the other state organs within their competence, and it lays on legal representatives of these children. The organization of orphans' calculation activity lays on local executive organ. Moreover, the mediatory activity and activity of selection, organization and transmission of orphans and children, who were left without parents' care by any person or legal entity, is prohibited. The representative organs' activity of adoption, guardianship and patronage, is not mediatory. Legal entities and persons cannot pursue commercial aims during their activity. The protection of rights and interests of orphans and children, left without parental care is realizing by sending them to guardianship in the family (adoption, guardianship or patronage) and within the lack of such possibility - to the organizations of all types for orphans and children, who were left without parents' care. The detection of orphans and the children, who were left without parental care, is realizing by all people and legal entities, who know about the lack of parents' guardianship. Furthermore, people and legal entities must immediately inform representative organs, which realizing functions of guardianship and patronage, about orphans and children, who were left without parental care, according to the place of their location.

The official persons, working in the medical organizations, must inform the representative organ during three working days, from the day of desertion of neonate. The local administrative organ, knowing the fact of lack of guardianship from child's parents or relatives, during three days from the day of getting information, must make a survey of living conditions of the child and to provide protection of rights and interests of the child until the decision of question about their organization.

In accordance with Art. 209 of the Law of the Republic of Kazakhstan "On marriage and family" adoption (adoption), including the abolition of adoption (adoption), in the Republic of Kazakhstan foreign child is a citizen of the Republic of Kazakhstan carried out in accordance with the laws of the Republic of Kazakhstan, in compliance with Articles 76-78 , 82-84 and 96 of the Law "On Marriage and Family".

Foreign adoptions as a process device in a family of a child left without parental care consists of certain stages:

1) the selection, approval, preparation of prospective adoptive parents;

2) trial;

3) completion of the process of foreign adoption (registration of birth certificates, the control of the adaptation of the adopted child in the adoptive family).

To register children on account of adoptive parents (was adopted) are as follows documents:

1) the application for the consulate adoption (adoption) of the child;

2) a national passport of the Republic of Kazakhstan to permit recording of the child's internal affairs agencies to leave for permanent residence abroad;

3) identification documents adopters;

4) two photographs of the child;

notarized copies:

5) birth certificate;

6) certificate of adoption (adoption)[3].

The procedure for international adoption involves three stages: a) the selection, approval, preparation of prospective adoptive parents; b) trial; c) completion of the process of international adoption (registration of birth certificate), the recognition of adoption by the competent authority of a foreign state; control over the adaptation of the adopted child in the family of adoptive parents. The first phase of Intercountry Adoption begins with the application of persons wishing to adopt a child, the competent authorities of the State of which they are nationals or on the territory of which are permanent residents[4].

Upon arrival in Kazakhstan, foreigners applying for adoption, must personally select the child for at least two weeks to have direct contact with him in the place of residence of the child. It should also be pointed out that foreigners applying for adoption, are obliged to familiarize themselves with the documents adopted child, to confirm in writing the fact of acquaintance with a medical report on the state of his health. They also have the right to receive detailed information about the child and information about the presence of his relatives.

Adoption Institute in Germany has some similarities and differences with the institution of adoption in Kazakhstan. For example, in both countries, provided that the adopted child has to join the family and the foster family must take care of the adopted child as their own, without making distinctions between biological and adopted children. However, in Germany, in order to test the feasibility of adoption, there is a period called "the time of getting used to," during which the child and prospective parents need to have direct contact during the year. In Kazakhstan, this period also exists, but it lasts only two weeks at the place of residence of the child. Also similar to the fact that only married spouses can adopt the child. If you wish to adopt a child by one spouse, the other spouse must give written consent to the adoption. Regarding the age limitation, according to German law, the age should not be less than 21 years for women and 25 - for men. There is no upper age limit. Unlike Kazakhstan, where both boundaries are marked. Adoptive parents must be over the child at least 16 years and not more than 45 years.

LIST OF REFERENCES

1 The Code on marriage (matrimony) and the family of The Republic of Kazakhstan 84/2

2 Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2000 N 17 « About some questions of application by courts of legislation on marriage (matrimony) and the family in cases of adoption (adoption) of children »// http://adilet.zan.kz/rus/docs/P00000017S

3 Order of the Secretary of State - Minister of Foreign Affairs of the Republic of Kazakhstan dated April 11, 2003 N 08-1 / 31 « On approval of the instructions for registering children who are citizens of the Republic of Kazakhstan, the adoption (adoption) foreign»// http://mfa.gov.kz/images/spisok-npa/prikaz%2031.pdf

4 International adoption», Zimina I.A.// http://www.yurclub.ru/docs/pravo/0303/12.html