Childhood and parenthood Parentage of children Rights of children born outside wedlock Are the same as of those children

born in marriage. Parentage of children Motherhood Medical certificates Testimonies Other proofs Exception: surrogate motherhood Fatherhood In marriage or 28 da!s after " a husband of the mother Outside of marriage " b! common application #ithout the mother " application of the father $ith the consent of the organ of tutorship and guardianship or court If the father denies fatherhood The court ma%es a decision on fatherhood " b! the re&uest of the mother' a tutor or a child him(herself )*8+. Contesting parenthood Onl! in court ,! the re&uest of a person registered as a parent ,! the re&uest of a real parent ,! tutor or guardian of a child ,! the child him(herself )*8+ Childrens rights Parental rights and responsibilities Sources -on.ention on the Rights of the Child */8/ )ratified in *//0+ Agreement of the -I1 countries of the retrie.e of minors in the countries of their permanent residence Administrati.e -ode -i.il -ode -riminal -ode 2a$ on medical and pedagogical correction support of children $ith limited capabilities -ode on marriage and famil! Other la$s and acts.

A child e.er! human being belo$ the age of *8 !ears Main rights of a child: Non-propert rights The right to li.e and recei.e education in famil! The right of a child to communicate $ith parents and other relati.es

The right to express o$n opinion The right for a name' patron!mic name' surname The right for protection of rights

Propert rights The right for parents3 maintenance The right to o$e propert! The right to recei.e profit The right of in.iolabilit! of propert! Main principles of childrens rights protection: 4on discrimination 5espect to$ards child3s indi.idualit! Free expression of child3s .ie$s 5espect to$ards child3s freedom of thought and religion Freedom of associations and peaceful meetings In.iolabilit! of pri.ate life' famil! life' propert!' mailings 6ossibilit! of health protection and health! life st!le Parental rights and responsibilities Obligation to ta%e care about the child3s health 5ight and obligation to educate the child Obligation to pro.ide the possibilit! for a child to recei.e school education Obligation to represent and defend child3s interests The right to communicate $ith a child for a parent $ho li.es separatel! The right to recei.e information about a child for a parent $ho li.es separatel! The right to claim bac% the child from a person $ho retains the child $ithout legal 7ustification. Principles of e!ercising of parental rights 6arents ha.e e&ual rights and responsibilities to$ards children 6arental rights end $ith attaining b! a child the age of *8 )22+ or after a child gets married 8uestions $hich regard education of children are to be sol.ed b! a mutual accord bet$een parents considering interests and opinion of a child 6arental rights are to be exercised in child3s interests Methods of education should exclude rude' cruel' humiliating ones' insults and exploitation of children 6lace of residence of a child as $ell as methods of education and fre&uenc! of contacts are to be determined b! mutual accord bet$een parents in a case of separation. Ceasing of parental rights A parent persistentl! does not fulfill parental obligations )for ex. alimon!+ #ithout significant reasons a parent refuses to ta%e the child from the birth establishment' a hospital etc. 6arental rights abuse -ruelt! to$ards children A parent is recogni9ed as alcoholic: or drug addicted in $a! pro.ided for b! the la$. Procedure of ceasing of parental rights Onl! in court

#ith participation of prosecutor and state organ of guardianship and tutorship ,! the re&uest of one of the parents' organi9ation dealing $ith children3s rights or b! the action of prosecutor. Conse"uences of ceasing of parental rights 2oss of all rights $hich deri.e from the parenthood 2oss of rights for maintenance from children 2oss of rights for all benefits and allo$ances $hich deri.e from parenthood ;oes not result in loss of obligation to maintain the child. The court decides if the child should continue li.ing $ith the parent. #i$itation in parental rights It is dangerous for a child to be left $ith the parent " b! circumstances $hich do not depend on the parent It is dangerous for a child to be left $ith the parent' but there are no sufficient grounds for ceasing of parental rights. Procedure of li$itation of parental rights Onl! in court #ith participation of state organ of guardianship and tutorship and the prosecutor ,! the re&uest of close relati.es' organi9ations dealing $ith children3s rights' pre: scholastic and scholastic organi9ations or prosecutor. Conse"uences of li$itation of parental rights 2oss of right for education of the child In some cases loss of the right for allo$ances $hich deri.e from parenthood ;oes not result in loss of obligation of maintenance. I$$ediate taking awa of a child Organ of guardianship and tutorship can ta%e a$a! a child from his(her parents in a case of a danger for child3s life Then: To inform prosecutor To pro.ide the child $ith temporar! place to li.e #ithin < da!s to ma%e an action about ceasing(limitation of parental rights.

%utorship and guardianship &uardianship and tutorship bod ta%es care about children and represent their interests in a case if: The child3s parents are dead The parents3 parental rights are ceased or limited The parents are acti.e incapable The parents are ill The parents are missing for a long time The parents a.oid the child3s education and representation of child3s interests Other cases of lac% of parents3 care. 'ow such children are disco(ered) An person can inform the guardianship and tutorship bod! )= da!s to control+ *fficials of schools' %indergartens' hospitals etc. $ust inform the guardianship and tutorship bod!.

+hat happens with such children) Adoption b! a famil! >uardianship or tutorship b! a famil! 6atronage b! a famil!

If famil! education is not possible " -hildren3s houses and other establishments for orphans. &uardianship is established upon children of the age under *0 people $ith ceased acti.e capacit! propert of children under *8' propert! of a person $ith ceased or limited acti.e capacit!' propert! of a dead person' person recogni9ed as dead or as missing. %utorship is established upon children from the age of *0 to *8 people $ith limited acti.e capacit! people $ho due to their illness cannot fulfill their duties. +ho can be tutor or guardian) A person o.er *8 of an! gender except: acti.e incapable or limited in his(her acti.e capacit! parents $ith ceased or limited parental rights person $ho' because of misbeha.ior' $as dismissed from the position of tutor or guardian ex:adopters' if the adoption $as cancelled b! their guilt those $ho cannot fulfill their obligations as tutors or guardians due to an illness. 'ow tutor,guardian is appointed) ,! the >T, in * month term Onl! $ith the consent of the tutor(guardian:to:be 6riorit! is gi.en to the spouse' parents' relati.es and other close people There can be one tutor for more people 6ersonal &ualities and possibilities are to be ta%en into account If the tutor: or guardian:to:be is married' the spouse3s consent is re&uired If the child is in a children3s house' his(her tutor(guardian is the administration of the children3s house. &uardianship and tutorship-Patronage Responsibilities of guardians and tutors

>uardians(tutors are legal representati.es of minors(people $ith limited or ceased acti.e capacit! Exercise all legal actions )transactions' contracts+ in the name of the $ard Ta%e care about their health' education' protect $ard3s interests >uardian( tutor is not obliged to maintain the $ard )pensions' allo$ances' minor3s propert!+ >uardians(tutors of minors are obliged to li.e together $ith the minor' unless the child is li.ing in children3s house Once a !ear inform >T, about child3s matters. &uardianship o(er wards propert Fruits and profit of the propert! of the $ard can be used onl! for his(her needs and onl! $ith the consent of >T, >uardian(tutor and members of his(her famil! cannot ma%e bargains $ith the $ard' except different t!pes of donation. .is$issal of guardians,tutors If >T, returns the minor to his(her parents(adopters If the minor is put in a children3s house ,! the guardian3s(tutor3s re&uest if there are significant reasons >T, can dismiss a bad:faith guardian(tutor.

Patronage A form of education according to $hich children are transferred to a famil! $hich agrees to educate the child' on the basis of the contract of patronage. Patronage agree$ent contains: -onditions of education of the child 5ights and responsibilities of the famil! 5ights and responsibilities of >T, 6eriod for $hich the child is being transferred to the famil!. Patronage agree$ent can be ter$inated: In a case of significant reasons " b! the re&uest of the patronage:famil! In a case if the conditions of the education of the child are changed In a case if the child is returned to his(her parents or if the child gets adopted. 'ow the child is being chosen for patronage ,! the famil!' $ith the consent of the >T, It is not allo$ed to separate brothers and sisters' unless it is done in their interest The child3s name is to be ta%en into account. If the child is o.er * !ears " onl! $ith his(her consent. Maintenance of the child b patronage agree$ent Financed from the state budget The famil! can re&uire assistance from the >T, The >T, has the rights to control the fulfillment of the patronage agreement. Ali$on obligations in fa$il Ali$on responsibilities 6arents to$ards children )@+

? ? ? ? ? ? ? ? ? ? ? ? ?

-hildren to$ards parents )@+ One spouse to$ards the other spouse )@+ ,rothers(sisters to$ards brothers(sisters >randparents to$ards grandchildren >randchildren to$ards grandparents #ards to$ards educators 1tepchildren to$ards stepparents Other relati.es. Parents towards children If there is no agreement on alimon! bet$een parents the amount of maintenance mone! is: * child " *(0 2 children " *(= = and more children " *(2 of parents3 income )the share can be reduced or increased b! the court3s decision and can be calculated a fixed sum of mone! to pa!+ .isabled children of age 6arents are obliged to maintain their disabled children of age The amount of such maintenance is determined b! the court The court can decide on sharing of additional expenses. Children towards parents Able:bodied children of age are obliged to maintain and to ta%e care about their disabled parents If there is no alimon! agreement' the maintenance can be reco.ered through the court The amount of maintenance mone! is determined b! the court -hildren do not ha.e to pa! alimon! for parents $hose parental rights $ere limited or ceased In some cases children ha.e to bare additional expenses determined b! the court

? ? ? ? ? ? ? ?

Mutual $aintenance of spouses If there is no alimon! agreement and the spouse refuses to pa! maintenance mone!' alimon! can be reco.ered through the court b!: ? ;isabled spouse $ho is in need ? The $ife " during pregnanc! period and three !ears after the birth of the child ? 1pouse in need $ho ta%es care about a disabled child " up to the age of *8. Mutual $aintenance of e!-spouses Alimon! from an ex:spouse can be reco.ered b!: ? The $ife " during pregnanc! period and three !ears after the birth of the common child ? Ex:spouse in need $ho ta%es care about common disabled child ? ;isabled ex:spouse in need' $ho became disabled during marriage. ? ? ? ? #i$itation or liberation of a spouse fro$ the ali$on obligation If a spouse became disabled due to alcoholic or drug abuse or due to commitment of an aforethought crime 1hort term of marriage Misconduct of the spouse $ho is reco.ering the alimon! If the spouse $ho has right for alimon! enters into ne$ marriage

Elimination of the grounds for alimon!. Court procedure in reco(ering ali$on +hen)

An! time Alimon! are reco.ered from the moment $hen the action to the court $as made For the past " = !ears before the action' if there $ere other attempts If the pa!er of alimon! $as researched " all the period of research

/$plo er is obliged To retain alimon! from the salar! of emplo!ee $ho is to pa! alimon! )court3s decision or alimon! agreement+ To inform the recei.er of alimon! about dismissal' change of place of $or% b! the emplo!ee " debtor To inform the recei.er )in a case of alimon! for minor children+ about additional $ages or other income. Ali$on is reco(ered fro$ 1alar!. If it is not enough Mone! in ban% accounts or other accounts 6ropert! A$ount 1hare in salar!(fixed sum of mone! If reco.ered for the past period and there are no information about salar! in that period " a.erage salar! in Aa9a%hstan in that period )can be changed b! the 7udge+ If the parent:debtor of minor child $as researched " alimon!B* C to the state budget. .ecreasing or canceling of the debt ,! the agreement of the parties )except alimon! for minors+ ,! the court3s decision' b! the claim of the debtor' if there $ere significant reasons of non:pa!ment )illness+ or is unable to extinguish the debt. .ela in pa $ent of the debt ,! the agreement or '*C of the remaining debt for e.er! da! of dela! Other expenses caused b! the dela! can be claimed. Clai$ing back of the ali$on paid Impossible' except $hen: The court3s decision is canceled' because of the falsified information b! the recei.er of alimon! ;efect of $ill in alimon! agreement Falsification b! the recei.er of the court3s decision(alimon! agreement' according to $hich alimon! $as discharged from the pa!er3s salar!. /nd of ali$on obligations #hen the alimon! agreement expires

#hen pro.ided for b! the alimon! agreement #hen the minor child reaches the age of *8 )recei.es full acti.e capacit! before+ If the child:recei.er of alimon! $as adopted If the recei.er of alimon! restores capacit! or ceases to be in need If the spouse:recei.er of alimon! enters into ne$ marriage In a case of death of one of the recei.er or pa!er of alimon!. Ali$on agree$ent Ali$on agree$ent It is an agreement according to $hich one part! is obliged to maintain another part! b! pa!ing alimon!. It is made bet$een the part! $ho $as to pa! alimon! and the part! $ho recei.es it. If one of the parties is not acti.e capable " the agreement can be made b! its legal representati.e. Is an ali$on agree$ent 0 a contract of ci(il law)

? ? ?

6ro: ? ?

-onse&uences of incorrect form " b! ci.il code Modifications' amendments' dissolution' .oidance " b! ci.il code

-ontra: ? ,ased on personal relationships and personal feeling of responsibilit! $hich are not regulated b! ci.il code ? ? 1oidance of the agree$ent According to ci.il code If the agreement significantl! .iolates the interests of the part! $ho recei.es alimon!. Responsibilities of 2udge in a case of significant change of financial or famil! status of the parties the interested part! can ma%e a correspondent action to the court The 7udge considers any of the interests of the parties $hich deser.es attention. A$ount of ali$on ,! the agreement of the parties ,ut not lo$er than the amount pro.ided for b! the la$. Methods of pa $ent of ali$on ;etermined b! the agreement As a share in person3s $age As a fixed sum of mone! " periodicall! As a fixed sum of mone! " onl! once #ith propert! An! other methods or combination of these.

? ? ? ? ? ? ? ? ? ?

Alimony is a system according to which two people make a mistake and then only one continues paying for it.

Adoption +ho can be adopted) An! minor child' if: Dis(her the onl! one or both parents are dead Dis(her parents refused from the child The parents3 parental rights $ere ceased The parents agreed for adoption The parents are recogni9ed as incapable The parents are recogni9ed as missing or as dead The parents are un%no$n. %o be taken into consideration: ? ? ? Age ;e.elopment -onsent of the child )* !ears+

+ho can be an adopter *. 5elati.es of the child of an! citi9enship 2. -iti9ens of Aa9a%hstan =. -iti9ens of other countries " onl! if *. and 2. are missing Re"uire$ents for adopters In adopters3 famil! there must be good conditions for the child3s de.elopment 1hould: Da.e full acti.e capacit! )if married " of both spouses+ ,e of appropriate health conditions ,e heterosexual Da.e at least *E !ears )not for stepmother(stepfather+ and not more than 0F !ears of difference $ith an unmarried adopter. 1hould not: Da.e pre.ious outstanding con.ictions GHIJKLMNIHHMI OPQRSKOTRU ,e a person $ithout citi9enship ,e an unmarried man ,e an alcoholic or drug:addicted Adopter should not ha.e his(her parental rights limited or ceasedV should not be a misbeha.ing tutor' guardian or adopter Wnmarried adopter can be onl! one Rights and obligations of future adopters To personall! choose the child To ha.e personal contacts $ith the child for minimum 2 $ee%s )0 $ee%s for foreigners+

? ?

? ?

#ritten application to the O>T -ertificates on: " 6roper accommodation " #age " Famil! status " Dealth " -riminal precedents. Rights and obligations of adopter To educate the child To ta%e care of his(her ph!sical' moral and cultural de.elopment To choose freel! methods of education ta%ing into consideration the child3s opinion and the recommendations of the O>T Foreign citi9ens ha.e to report to O>T at least once a !ear. Process of adoption In court #ith the consent of parents )if the! ha.e parental rights+' tutors' guardians' patronage parents' childrenV of another spouse #ith the participation of >T, The rights and obligations start from the date $hen the court decision on adoption $as made #ithin three da!s from the date of the courts decision' the court has to inform the registration bod! and >T,. Propert and non-propert rights The child looses all propert! and non:propert! rights and obligations to$ards biological parents and ac&uire those to$ards adopters 6ension mone! and allo$ances that the child $as recei.ing upon the parent3s death' %eep on being paid. Na$e and date of birth of the child The child %eeps his(her initial name' patron!mic name and surname ,! the re&uest of adopter the child can assume the adopter3s surname' patron!mic name $hich deri.es from adopter3s name and first name gi.en b! the adopter For the change of name the child3s consent is re&uired )from the age of * +' except adoption secret case -ourt3s decision The date of birth can be changed for the child under = in case of adoption secret. 1oidance of adoption Falsif!ing documents necessar! for adoption 4on obser.ance of adoption re&uirements ,! the court3s decision $ith participation of the >T,. Ceasing of adoption If adopters do not fulfill their parental obligations If adopters abuse their parental rights If adopters are recogni9ed as alcoholic or drug addicted ,! the courts decision Adoption cannot be ceased after the child reaches the age of *8' except mutual consent.

? ? ? ? ? ? ? ? ?

? ?

? ? ? ? ? ? ? ? ? ? ? ? ?

Inheritance #aw 3e words 1uccession Inheritance Opening of the inheritance Deir 1uccession under the $ill( testamentar! succession Testator 2egal succession( heir on intestac! Orders of succession 1uccession b! right of representation Acceptance of inheritance 5e7ection of inheriatance Escheat. Succession Is a transfer of the propert! of the person $ho is dead )testator+ to another person(:s )heir(:s+. &rounds for succession: ,! $ill )testamentar! succession+. ,! descent )legal succession+ " if there is no $ill or if the $ill determines partiall! the destin! of the inheritance. 'istor 2ong' long time agoX 5oman 2a$ Tau%e:%han la$s -i.il -ode of Aa9115 Modern -i.il -ode. Inheritance 6ropert! belonging to the testator 5ights and obligations' $hich are not terminated b! his death Except: rights of membership in legal entities )unless regulated differentl!+V the right to compensation of health damageV rights and obligations arising from alimon! obligationsV rights to pensions' benefits and other pa!ments on the basis of labour legislation of the 5epublic of Aa9a%hstan and la$s of the 5epublic of Aa9a%hstan in the sphere of social securit! personal non:propert! rights' $hich are not associated $ith propert!' rights. Succession of co$$on propert In a case of death of a participant in common propert!' the common propert! is being di.ided( determined the share $hich belonged to this participant. Deirs recei.e the share in %ind( )if impossible+ mar%et price of this share A share in common propert! can be inherited b! a $ill.

*pening of inheritance Inheritance is opened upon the death of a person or his(her recognition as dead. ;a! of opening of inheritance is the da! of death( the da! $hen the court3s decision comes into effect If persons $ho had the right to inherit one after another died on one da!' the! shall be recognised as deceased simultaneousl!' and inheritance shall be opened after each of them and heirs of each of them shall be called for inheritance. Place of opening of inheritance The last place of residence of a testator The place $here the propert! is located. 'eir 6eople $ho are ali.e at the moment of opening of inheritance -hildren $ho $ere concei.ed $hen testator $as ali.e and $ho $ere born after the testator3s death 2egal entities formed prior to the opening of inheritance and $hich existed at the moment of opening of inheritance The state. .is$issal of i$proper heirs fro$ succession 6eople $ho tried to murder( murdered the testator( one of the possible heirs. )except if the $ill $as $ritten after the attempt+ 6eople $ho impeded the exercise of the last $ill of a testator and through this ha.e increased the o$n share in inheritance 6arents $hose parental rights are ceased and $ere not re:established b! the moment of opening inheritance A person $ho has no right to inherit or $ho is dismissed from inheritance has to return e.er!thing recei.ed The abo.e is applied to all heirs: b! $ill or be descent. Inheritance #aw #egal Succession

#egal succession According to orders )priorities' &ueues+ of succession 1ubse&uent order: if there is no heirs of pre.ious order if the! $ere excluded from heirs if the! did not accept the heritage if the! ha.e re7ected the heritage Deirs can ma%e an agreement bet$een themsel.es' $hich $ould change the pro.isions of the la$. %he first order of heirs -hildren of the testator' including those born after his death husband )$ife+ parents of the testator >rand children and their descendants inherit b! right of representation.

%he second order of heirs #hole blood and the half blood brothers and sisters of the testator >randfather and grandmother both from his fatherYs and from his motherYs side. -hildren of $hole blood and half blood brothers and sisters )nieces and nephe$s+ inherit in accordance $ith the representation rights. %he third order of heirs ,lood aunts and uncles -ousins inherit in accordance $ith the representation rights. *ther legal heirs 5elati.es of the testator of the third' fourth and fifth degree of %inship $ho are not recognised as heirs of higher priorities: fourth order heirs " great:grandfathers and great:grandmothersV fifth order heirs " the children of blood nieces and nephe$s )half:blood grandchildren+ and blood brothers and sisters of his grandfathers and grandmothers )half:blood grandfathers and grandmothers+V sixth order heirs " children of half:blood grandchildren' children of his cousins )half:blood grandnieces and grandnephe$s+ and children of his half:blood grandfathers and grandmothers )half:blood uncles and half:blood aunts+. 1tepbrothers and stepsisters' adopted sons' daughters' stepfather and stepmother of the testator inherit $here there are no heirs of pre.ious orders' if the! li.ed together $ith the testator as one famil! not less than ten !ears. Succession b the right of representation The share of a heir $ho died prior to the opening of the succession is transferred to his appropriate descendants and it is e&uall! di.ided among them. .isabled dependants of the testator ;isabled heirs inherit together $ith other heirs If the! are not relati.es " inherits an!$a! If there are no heirs in la$' the disabled dependant inherits as the relati.e of the eighth order. %he right to an obligator share in the heritage Minors or incapable children Incapable spouse 6arents

inherit irrespecti.e of the contents of a $ill' not less than half of the share $hich should be due to each of them $hen inheriting b! la$ )the obligator! share+. %he rights of a spouse The right of a spouse to inherit b! .irtue of a $ill or la$ shall not infringe an! other propert! rights of the spouse $hich are associated $ith being married to an estate:lea.er' including the right of o$nership to the part of estate ac&uired during their marriage. 6ursuant to a court decision a spouse ma! be remo.ed from inheritance b! la$' pro.ided it is pro.ed that marriage $ith the estate:lea.er actuall! terminated prior to the opening of inheritance and spouses li.ed separatel! for not less than F !ears prior to the opening of inheritance.

Acceptance of heritage In order to ac&uire legac! the heir must accept it. Acceptance b! an heir of a part of legac! means the acceptance of the $hole legac! that is due to him. Acceptance of legac! b! one or se.eral heirs shall not be recognised as acceptance of the legac! b! other heirs. %i$ing Deritage ma! be accepted $ithin six months from the date of opening the succession. If the period is e!pired the court ma! restore that period if there is a significant reason and on the condition that the heir $ho missed a date established for accepting succession' petitioned to the court $ithin six months after the factors that caused missing of that date dropped off. Re2ection of heritage An heir shall ha.e the right to refuse an inheritance $ithin six months from the da! $hen he learned or $as to learn on his being called to inherit. If there are good reasons that period ma! be extended b! the court' ho$e.er not more than for t$o months. /scheat #here there are neither heirs b! $ill nor b! la$' nor $here none of heirs has the right to inherit' or $here all of them refused from inheritance' estate shall be recognised as o$nerless " escheat. Inheritance b will +ill 4testa$ent5 Is a declaration of intention of a person to distribute in a certain $a! his(her propert! in the case of his(her death. Re"uire$ents Full acti.e capacit! of the testator All propert!(part of the propert! To one person(se.eral persons(legal entities(state To people $ho are included(not included in orders of succession ;one personall! )intimate transaction+' no representati.e allo$ed -an exclude one or more heirs b! la$ $ithout explanation of the reason -urrentl! o$ned assets(future assets ;istribution the propert! b! shares is allo$ed More than one testament can be $ritten b! the same person Modifications and termination of $ill " at an! time b! the testator A testator cannot regulate in the $ill the $a!s the heirs should dispose the propert! in a case of their death. %estator An! person $ho is acti.e capable Mentall! sane Age )Z+ Conditional will

Testator has the right to determine )legal+ conditions for the receipt of inheritance $ith regard to heir3s beha.iour. -onditions' unfeasible for heirs due to health conditions or due to other ob7ecti.e reasons' ma! be recognised as in.alid b! the action of the heir. Sub-appoint$ent of heirs Testator can sub:appoint another heir for a case if the heir dies or re7ects the heritageV or if the heir does not compl! $ith the conditions of the $ill. 6or$ of the will 4otar! certification Form e&ual to notar! certification 6lace' time Must be signed personall! b! the testator. Notar certification of the will A notarised $ill must be $ritten b! a testator or $ritten do$n b! a notar! from the $ords of the testator in the presence of a $itness. A $ill $ritten b! a notar! from the $ords of a testator must be full! read b! the testator in the presence of the notar! and a $itness before the $ill is signed. #hen a notarised $ill is dra$n up in the presence of a $itness' the surname' name and place of the $itnessY permanent residence must be indicated in a $ill. The same details must be included in a $ill $ith regard to a person $ho signed the $ill instead of a testator. At a testatorYs discretion' a $ill shall be notarised $ithout a notar!Ys perusal of its contents )a secret $ill+. %er$ination and a$end$ents An! time Termination: submission to the notar! the renunciation of the $ill( $riting a ne$ $ill Amendments: submission to the notar! of the amendments( $riting a ne$ $ill The $ill that $as $ritten earlier is recogni9ed as in.alid if indicated so b! the testator.

Secret of will must be %ept until the opening of the heritage. In(alidit of will Incorrect form Incorrect process of compilation' signing and attesting. %esta$entar gift 4legate5 Is an obligation of a heir to ma%e some actions for somebod! )pro.ide certain propert! for usage' ma%e some ser.ice etc.+. Onl! $ithin the limits of price of heritage Is described in the $ill.

.elegation An obligation of a heir to ma%e(not to ma%e some actions. /!ecutor of the will A person speciall! appointed b! $ill or selected b! heirs' $ho:

6rotects and manages the heritageV 5ecei.es and distributes the heritage bet$een the heirs Ensures the fulfilment of legates and delegations 2i&uidates the liabilities associated $ith the heritage International Pri(ate #aw Issues to regulate

Marriage ;i.orce 6ropert! and non:propert! relations of spouses. Marital contract 6arents:children relations. Alimon! obligations Adoption >uardianship and tutorship Inheritance.

6oreigners are 6ersons $ho do not ha.e the citi9enship of the 5epublic of Aa9a%hstan and ha.e proofs of citi9enship of another countr!. (Law on legal status of foreign citizens in the Republic of Kazakhstan) Marriage of,with foreigners in 3a7akhstan Form of marriage and procedures " according to famil! la$ of Aa9a%hstan -onditions of entering into marriage " according to the legislation of the countr! of origin of each of the spouses )onl! if meets the re&uirements of famil! la$ of Aa9a%hstan for entering into marriage+ Marriages conducted abroad are recogni9ed in Aa9a%hstan )unlessX+. Marriage of,with 3a7akhstan citi7ens abroad Marriage bet$een t$o citi9ens of Aa9a%hstan is registered in diplomatic representation offices abroad -onditions of entering into marriage " according to the legislation of the countr! of origin of each of the spouses 6rocedure of marriage of foreign citi9en and citi9en of Aa9a%hstan " according to the foreign legislation. Marriage Form " lex loci celebrationis -onditions " lex personalis )lex patriae+ of future spouses )public order+ .i(orce 2ex fori 2ex domicilii' if such is missing " lex patriae of each spouse Propert and non-propert rights Are determined b! the legislation of the countr! $here the spouses li.e Are determined b! the legislation of the countr! $here the! had their last common residence. Propert and non-propert relations of spouses

2ex domicilii 2ex rei sitae Marriage contract 2ex loci actus 2ex .oluntatis Ali$on relations in fa$il -ommon lex domicilii' if there is no such 2ex domicilii of the child Adoption According to the la$s of Aa9a%hstan All the re&uirements of Aa9a%hstan legislation on adopters should be met The competences of >T, abroad executes diplomatic representation of Aa9a%hstan in that countr!. International adoption #hen %a9a%hstani minor is in.ol.ed al$a!s la$s of Aa9a%hstan are to be applied Inheritance law 2ex domicilii of the testator 2ex patriae indicated in $ill -apacit! to ma%e $ill " lex domicilii of the testator' $here he $as li.ing at the moment of ma%ing the $ill For immo.able propert! " lex rei sitae.