LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 1, 2021 No. 26-VІI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning industrial safety, industrial zones, fauna, especially protected natural territories, power, natural monopolies and housing employee benefits of law-enforcement bodies

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 8, Art. 84; 1999, No. 13, Art. 431; No. 23, Art. 921; 2001, No. 15-16, of Art. 228; 2002, No. 6, Art. 71; 2003, No. 11, Art. 67; 2004, No. 14, Art. 82; No. 17, Art. 101; No. 23, Art. 142; 2006, No. 16, Art. 103; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 15, Art. 106,108; No. 18, Art. 143; 2009, No. 11-12, of Art. 54; No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; No. 10, Art. 52; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 10, Art. 86; No. 11, Art. 102; No. 16, Art. 128, 129; 2012, No. 1, Art. 5; No. 3, Art. 21; No. 4, Art. 32; No. 5, Art. 41; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77; 2014, No. 1, Art. 4; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 23, Art. 143; No. 24, Art. 144; 2015, No. 1, Art. 2; No. 20-IV, Art. 113; No. 22-V, Art. 154, 158; No. 23-II, Art. 170; 2016, No. 8-І, Art. 65; No. 12, Art. 87; No. 23, Art. 118; 2017, No. 8, Art. 16; No. 11, Art. 29; No. 21, Art. 98; 2018, No. 10, Art. 32; No. 16, Art. 56; No. 24, Art. 93; 2019, No. 7, Art. 39; No. 9-10, of Art. 52; No. 21-22, of Art. 90; No. 23, Art. 103; No. 24-I, Art. 119; No. 24-II, Art. 122; 2020, No. 9, Art. 31; No. 10, Art. 39; No. 13, Art. 67; No. 19-20, of Art. 81; No. 21-22, of Art. 91; 2021, No. 1, Art. 1):

1) the subitem 6) of Item 1 of Article 1 after words "special state bodies," to add with words of "law-enforcement bodies";

2) in Article 2:

subitem 7-1) after words "special state bodies," to add with words of "law-enforcement bodies";

subitem 44-3) after words "special state bodies," to add with words of "law-enforcement bodies";

3) Chapter 13-1 heading after words "special state bodies," to add with words of "law-enforcement bodies";

4) in Article 101-3:

heading after words "special state bodies," to add with words of "law-enforcement bodies";

in Item 1:

the paragraph one of part one after the word "institutions)," to add with words of "law-enforcement bodies";

parts second and third after words "special state bodies," to add with words of "law-enforcement bodies";

part the fourth after words "special state body," to add with words of "law-enforcement body";

Item 2 after words "special state bodies," to add with words of "law-enforcement bodies";

5) in Article 101-4:

add Item 1 with parts two and third the following content:

"To the staff of law-enforcement bodies earlier appointed housing payments are resumed in cases:

1) repeated appointment to the positions falling under categories of positions of staff of the law-enforcement bodies having the right to housing payments on condition of use of housing payments on repayment of the amount of lease with the subsequent redemption or the mortgage lending which is drawn up for the first time according to article 101-11 of this Law - from the date of appointment to the specified positions;

2) repeated appointment to the positions falling under categories of positions of staff of the law-enforcement bodies having the right to housing payments after stay on hand who before transfer in the order were receivers of housing payments in system of law-enforcement bodies - from the date of transfer in the order. The term of stay is on hand estimated according to the Law of the Republic of Kazakhstan "About law-enforcement service".

The appointed housing payments remain for finding of the employee of law-enforcement body in maternity leave, leave on adoption (adoption) of newborn child(children), leave non-paid on child care before achievement of age of three years by it, including with transfer in the order of relevant organ.";

in Item 2:

1) after words of "special state body" to add the subitem with words ", law-enforcement body";

subitems 2), 3) and 4) after words "special state body," to add with words of "law-enforcement body";

add with the subitem 5) of the following content:

"5) releases of the employee of law-enforcement body from the position falling under category of positions of staff of the law-enforcement bodies having the right to housing payments.";

6) in Article 101-6:

the subitem 1) after words "special state body," to add with words "law-enforcement body";

the subitem 4) after words "special state body," to add with words of "law-enforcement body";

7) in Article 101-7:

subitems 1) and 2) after the words "special state body" to add with words "law-enforcement body";

subitem 3):

after words "the employee of special state body," to add with words "law-enforcement body, the employee of law-enforcement body,";

after words "the employee of special state body," to add with words of "law-enforcement body";

8) in Article 101-9:

heading after words "special state bodies," to add with words of "law-enforcement bodies";

Item 1 after words "special state body," to add with words of "law-enforcement body";

9) heading and paragraph one of Article 101-10 after words "special state bodies," to add with words of "law-enforcement bodies";

To add 10) with Article 101-11 of the following content:

"Article 101-11. Realization of the right to housing by the staff of law-enforcement bodies

1. The realization of the right to housing by the staff of law-enforcement bodies is enabled from the date of recognition by their persons in need in the dwelling in the established this Chapter procedure by provision of the office dwelling or transfer to the personal special account of housing employee benefits falling under category of positions of staff of the law-enforcement bodies having the right to housing payments.

In the cases provided by Items 5 and 7 of this Article, the realization of the right to housing is enabled by provision of the office dwelling and transfer to their personal special account of housing payments.

The amount of housing payments is determined by multiplication of cost of lease of one square meter of the dwelling in the respective region of the Republic of Kazakhstan on the area of the dwelling. The area of the dwelling is determined at the rate of eighteen square meters of the usable space on each family member, including the employee of law-enforcement body.

Rules of providing with the office dwelling, calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments, and also categories of positions of staff of the law-enforcement bodies having the right to housing payments are determined by the Government of the Republic of Kazakhstan.

2. Housing payments are made on monthly basis by their transfer into the personal special account of the employee of law-enforcement body opened in one of banks of the second level at its choice.

The personal special account is opened and serviced by each employee of law-enforcement body independently.

3. Housing payments are made by public institution of law-enforcement bodies in a month from the date of their appointment.

4. The staff of law-enforcement bodies provided with the office dwelling reserves residence right in this dwelling and its privatization according to the procedure established by this Law.

5. To the staff of law-enforcement bodies provided with the hostel, housing payments are made in the amount of fifty percent from the amount of the housing payments determined according to this Chapter.

6. Members of the family of the employee of law-enforcement body, the died (dead) in case of service in law-enforcement bodies, cannot be evicted the occupied dwelling without provision of other dwelling on a grant basis.

In case of death (death) of the employee of law-enforcement bodies in case of service and availability at it of agreement obligations, concluded for the purpose of, provided by subitems 1), 3), 4), 5) and 7) article 101-5 of this Law, and also for payment of lease of the dwelling with the subsequent redemption, to members of the family of the died (dead) is passed by the right of receipt of the appointed housing payments which procedure is determined by the Government of the Republic of Kazakhstan.

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