ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 12, 2018 No. 49

About approval of Rules of providing the military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing payments

According to article 101-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" and 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 providing the military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments.

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.

Approved by the Order of the Government of the Republic of Kazakhstan of February 12, 2018 No. 49

Rules of providing military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing payments

Chapter 1. General provisions

1. These rules of providing the military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments (further – Rules) are developed according to article 101-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (further – the Law) and 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 for providing the military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments for passing of military service by the serviceman of Armed Forces, other troops and military forming of the Republic of Kazakhstan (except for military personnel of Service of the state protection of the Republic of Kazakhstan, the military personnel of conscription service, cadets and cadets of military educational institutions, persons liable for call-up, called on military charges) and to the members of their families determined in article 101-10 of the Law.

2. In these rules the following concepts are used:

1) the current housing payments – the payments performed on monthly basis by the serviceman recognized needing the dwelling, from registration date of the official report about recognition needing the dwelling, and also the cases provided by Items 7 and 10 of article 101-2 of the Law, and calculated in form according to appendix 1 to these rules;

2) date of recognition of the serviceman needing the dwelling for appointment to it housing payments - registration date of the official report with which the serviceman is recognized needing the dwelling for purpose of housing payments that is determined by the housing commission of public institution, and in Armed Forces district operational parts of the Ministry of Defence of the Republic of Kazakhstan on the basis of the documents submitted by the serviceman according to Item 12 of these rules;

3) lump housing sum payments - the payments of one-time nature performed in the cases provided by Items 5 and 6 of Article 101-2, and also Item 2 of article 101-9 of the Law, and calculated in form according to appendix 2 to these rules;

4) responsible structural division - structural division of Armed Forces, other troops and military forming of the Republic of Kazakhstan or public institution to which functions on accounting of the military personnel and members of their families needing the dwelling and fund of the office dwelling, and also other questions on the housing relations are assigned;

5) the personal special account – the current bank account opened by receivers of housing payments in bank of the second level (further – bank) at their choice, for transfer of housing payments and implementation of payments on the purposes, the stipulated in Article 101-5 Laws;

6) public institutions - republican public institutions of Armed Forces, other troops and military forming of the Republic of Kazakhstan which military personnel is receivers of housing payments;

7) the housing commission of public institution - the commission created by the decision of the head of public institution for consideration of questions of recognition of the military personnel needing the dwelling, purposes of housing payments and other questions on the housing relations. In Armed Forces questions of distribution, and also privatization of office dwellings are considered by the housing commissions created according to the procedure, determined by the Minister of Defence of the Republic of Kazakhstan, purpose of housing payments - public institutions;

8) housing payments - the money differentiated on regions and family composition paid in the form of special cash cover to receivers of housing payments at the expense of budgetary funds instead of provision of the office dwelling and also in the cases provided by Chapter 13-1 of the Law. Housing payments consist of the current and lump sum payments.

9) the usable space of the dwelling - the amount of the residential and non-residential areas of the dwelling.

3. Military personnel, and also the members of families of the military personnel, the died (dead) when passing military service receiving them in the cases provided by Chapter 13-1 of the Law treat receivers of housing payments.

At the same time the military personnel living in dwellings from the state housing stock, privatizeable cannot be recognized as receivers of housing payments.

The right of the military personnel to acquisition of the dwelling in property by use of housing payments is performed once.

If both spouses are military personnel and (or) the staff of special state bodies, law-enforcement bodies, operational investigative divisions of authorized body on anti-corruption, housing payments are made only to one of them by mutual consent of spouses based on the official report with submission of certificates of the duty station of the spouse (spouse).

4. In business trip, on study, treatment, housing payments are performed by the serviceman who is in additional maternity leaves, to child care in accordance with general practice.

5. Determination of persons belonging to members of the family of the serviceman is performed according to article 101-10 of the Law.

6. Accounting of the military personnel recognized as receivers of housing payments is conducted by responsible structural division of public institution.

7. Calculation of the amounts which are subject to payment to receivers of housing payments based on the lists created by responsible structural division of public institution is made by financial division of public institution.

8. Housing payments have strictly purpose and cannot be used by the receiver on the purposes, not the stipulated in Article 101-5 Laws.

9. Housing payments cannot be used by public institution, except as on transfer to the personal special account of the receiver.

The amounts of housing payments planned, but not used by public institution as of December 31 of the current financial year are cancelled.

10. In case of the serviceman's exception of lists of staff of part in connection with death (death), its recognition in the procedure established by the legislation of the Republic of Kazakhstan it is unknown absent or the announcement the dead, members of their family, and in case of their absence - heirs have right to use of the housing payments which are on the personal special account to the purposes, the stipulated in Article 101-5 Laws. At the same time the personal special account of such serviceman is closed after complete use of housing payments.

Chapter 2. Procedure for providing military personnel with the office dwelling

11. Realization of the right to housing by the military personnel (except for military personnel of Service of the state protection of the Republic of Kazakhstan, the military personnel of conscription military service, cadets and cadets of the military educational institutions, persons liable for call-up called on military charges) and the members of their families determined in article 101-10 of the Law is performed from the date of recognition by their persons in need in the dwelling by provision of the office dwelling or transfer to their personal special account of housing payments if other is not provided by parts two and third this Item.

In the cases provided by Items 7 and 10 of article 101-2 of the Law, the realization of the right to housing is enabled by provision of the office dwelling and transfer to the corresponding special account of housing payments.

In cases when the serviceman or his (her) spouse (spouse) received the housing payments provided by part one of Item 6 of Article 101-1 or part one of Item 6 of article 101-2 of the Law or monetary compensation instead of the right of non-paid privatization, or 3), 4), 5) and 7) article 101-5 of the Law, and also for payment of lease of the dwelling with the subsequent redemption fulfilled agreement obligations, concluded for the purpose of, provided by subitems 1), or exercised the right to privatization of the dwelling from the state housing stock, the realization of the right to housing is enabled by provision of the office dwelling, and in case of lack of the office dwelling answering to the space allowance of the dwelling established by the Law into the corresponding personal special account housing payments which are used only for payment of lease of the dwelling are transferred.

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