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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 5, 2021 No. 524

About approval of Rules of providing law-enforcement bodies with the office dwelling of employees, 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

(as amended of the Order of the Government of the Republic of Kazakhstan of 27.06.2022 No. 441)

According to article 101-11 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" and article 22 of the Law of the Republic of Kazakhstan of April 23, 2014 "About law-enforcement bodies of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of providing law-enforcement bodies with the office dwelling of employees, calculations of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing payments;

2) categories of positions of staff of the law-enforcement bodies having the right to 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.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of August 5, 2021 No. 524

Rules of providing law-enforcement bodies with the office dwelling of employees, calculations of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing payments

Chapter 1. General provisions

1. These rules of providing law-enforcement bodies with the office dwelling of employees, calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments (further – Rules) are developed according to the laws of the Republic of Kazakhstan "About the housing relations" (further – the Law), "About law-enforcement bodies of the Republic of Kazakhstan" and determine procedure for providing law-enforcement bodies with the office dwelling of employees (further – to the employees), calculations of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing payments for service in law-enforcement bodies 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) 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;

2) the current housing payments – the payments performed on monthly basis to the employees recognized needing the dwelling, from registration date of the official report about recognition needing the dwelling, and also the cases provided by Items 5 and 7 of article 101-11 of the Law, and calculated in form according to appendix 1 to these rules;

3) date of employee recognition needing the dwelling for appointment to it housing payments – registration date of the official report of the employee about recognition by his person in need to the dwelling and purposes of housing payments in case of pronouncement by the housing commission of the decision on employee recognition needing the dwelling and appointment to it housing payments;

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

5) the usable space of the dwelling – the amount of the residential and non-residential areas of the dwelling;

6) responsible structural division – structural division of law-enforcement bodies to which functions on accounting of employees and members of their families needing the dwelling and fund of the office dwelling, and also other questions on the housing relations are assigned (further – structural division);

7) law-enforcement bodies – The Ministry of Internal Affairs of the Republic of Kazakhstan (further – the Ministry of Internal Affairs), the departments, territorial authorities of police, and also the organization subordinated to the Ministry of Internal Affairs;

8) the housing commission – the commission created by the decision of the head of law-enforcement bodies, and in case of its absence – person fulfilling its duties, for consideration of questions of employees recognition needing the dwelling, purposes of housing payments and other questions on the housing relations. Regulations on the housing commission and its structure affirm the head of law-enforcement body, and in case of its absence – person fulfilling its duties taking into account the features provided by these rules.

3. The employees receiving them in the cases provided by Chapter 13-1 of the Law treat receivers of housing payments.

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

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

4. The basis for appointment to the employee of housing payments is recognition by his person in need in the dwelling according to the procedure, the stipulated in Clause 101-3 Laws.

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

6. Accounting of the employees recognized as receivers of housing payments is conducted by structural division.

7. Calculation of the amounts which are subject to payment to receivers of housing payments based on the lists created by structural division is made by financial division of law-enforcement body (further – financial division).

8. The actual amount of housing payments is calculated from the date of employee recognition needing the dwelling for appointment to it housing payments.

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

10. Housing payments cannot be used by law-enforcement body, except as on transfer to the personal special account of the receiver of housing payments.

The amounts of housing payments planned, but not used by law-enforcement body as of December 31 of the current financial year are cancelled.

11. In case of the employee's exception of lists of staff in connection with death or death, its recognition in the procedure established by the legislation of the Republic of Kazakhstan it is unknown the absent or announced dead, members of his 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 employee is closed after complete use of housing payments.

12. In case of death (death) of the employee in case of service and availability at it of agreement obligations, concluded for the purpose of, provided by subitems 1), article 101-5 of the Law, and also for payment of lease of the dwelling with the subsequent redemption, the right of receipt of the appointed housing payments passes 3), 4), 5) and 7) to members of the family of the died (dead).

At the same time the amount of housing payments cannot be lower than the size of the appointed housing payments received at the time of death (death) of the employee in case of service.

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