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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 12, 2018 No. 50

About approval of Rules of implementation of monetary compensation

According to Item 4 of article 101-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" and Items 6, of the 7th article 55 of the Law of the Republic of Kazakhstan of February 16, 2012 "About military service and the status of the military personnel" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of monetary compensation.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication and extends to the relations which arose since January 1, 2018, except for the subitem 2) of Item 3 of the enclosed Rules which becomes effective since January 1, 2020.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of February 12, 2018 No. 50

Rules of implementation of monetary compensation

Chapter 1. General provisions

1. These rules of implementation of monetary compensation (further - Rules) are developed according to Item 4 of article 101-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (further - the Law), Items 6, of the 7th article 55 of the Law of the Republic of Kazakhstan of February 16, 2012 "About military service and the status of the military personnel" and determine procedure of monetary compensation.

2. In these rules the following basic concepts are used:

1) monetary compensation - the housing payments of one-time nature performed in cases, stipulated in Item 4 articles 101-2 of the Law and Items 6, of the 7th article 55 of the Law of the Republic of Kazakhstan "About military service and the status of the military personnel";

2) public institution - republican public institution in which the receiver of monetary compensation passes or passed military service.

3. Receivers of monetary compensation are:

1) the military personnel who was in the military service ten and more years in calendar calculation for January 1, 2013 and having the right to privatization of the office dwelling it is non-paid after twenty years of military service in calendar calculation, living in the office dwelling, not privatizeable, including owing to its stay in the territory of military camps, frontier posts and other closed objects;

2) the persons who were in the military service twenty and more years in calendar calculation and living in the office dwelling which is not subject to privatization, including owing to its stay in the territory of the closed and isolated military camps, frontier posts and other closed objects, and the conditions dismissed from military service till January 1, 2018 on reaching age limit on military service, for health reasons or in connection with staff reduction;

3) persons who were in the military service twenty and more years in calendar calculation which are not provided in case of dismissal by the office dwelling and earlier did not exercise the right of privatization of the dwelling, dismissed from military service during the period from January 1, 2013 to January 1, 2018 on reaching age limit of condition on military service, for health reasons or in connection with staff reduction.

4. The size of monetary compensation is determined by multiplication of the cost of one square meter of sale of the new dwelling on average by the republic according to the data of authorized body in the field of the state statistics for January of the current year published on its Internet resource on the area of the dwelling at the rate of eighteen square meters of the usable space on each family member, including the serviceman, minus the amount of the housing payments which are earlier performed to it.

Chapter 2. Procedure for submission of documents, necessary for receipt of monetary compensation

5. The documents necessary for receipt of monetary compensation are represented by receivers to the head of public institution.

6. For payment of monetary compensation the receiver in accordance with the established procedure submits the following documents:

1) official report (statement);

2) copies of identity documents of the receiver and members of his family, the conclusion (termination) of scrap, certificates of birth of children, in the presence at the receiver of family members;

3) the reference of territorial authority of justice (about availability or absence at the receiver and members of his family of the dwelling belonging on the property right to the territories of the Republic of Kazakhstan) received within ten calendar days about day of registration of the official report;

4) the reference of local executive body (about availability or absence at the serviceman and his family members in permanent use in this settlement of the dwelling from municipal housing stock) received within ten calendar days about day of registration of the official report;

5) record of service;

6) the reference from the duty station with indication of data on condition on military service and family composition issued by personnel division (division of completing) of public institution;

7) the copy of the employment contract of the office dwelling, except for the receiver specified in the subitem 3) of Item 3 of these rules.

Chapter 3. Payment procedure of monetary compensation

7. The public institution no later than fifteen calendar days from the date of registration of the official report (statement) performs reconciliation on completeness of the submitted documents. In case of receipt of documents not in full, the public institution notifies the receiver on need of submission of documents according to Item 6 of these rules.

The submitted documents are in accordance with the established procedure submitted by receivers of military counterintelligence and military police of Committee of homeland security of the Republic of Kazakhstan for consideration of the housing commission of public institution.

The minutes of the housing commission of public institution concerning receivers of military counterintelligence and military police of Committee of homeland security of the Republic of Kazakhstan affirm no later than twenty working days from the date of registration of the official report (statement).

The order on payment of monetary compensation to receivers is issued by the head of public institution, and to receivers of military counterintelligence and military police of Committee of homeland security of the Republic of Kazakhstan - the deputy manager of public institution no later than one month from the date of registration of the official report (statement).

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