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SOCIAL CODE OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2023 No. 224-VII ZRK

(as amended on 15-04-2024)

General part

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code

1. In this Code the following basic concepts are used:

1) abilitation - package of measures, directed to forming and development in persons with disability of capabilities to household, public and professional activity;

2) the individual plan of the help to person (family) (further - the individual plan) - the actions plan on assistance of employment and (or) social adaptation constituted by career center together with person who addressed for rendering the address public assistance, and (or) members of his family;

3) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

4) special social services - range of services, the bases providing to person (family) of condition for overcoming objectively breaking activity of the person and directed to creation of opportunities of participation in life of society, equal with other citizens;

5) price limits on special social services - the maximum and minimum levels of rates for ensuring the guaranteed state cost of special social services;

6) person (family) needing special social services - person (family) recognized as that on stipulated in Article 133 of this Code to the bases which are objectively breaking activity of the person which he cannot independently overcome;

7) the receiver of special social services faces (family), recognized as the person in need in special social services;

8) the subjects providing special social services - the physical and (or) legal entities occupied in the state and non-state sectors on provision of special social services;

9) the centers of rendering special social services - the organizations created according to the decision of local executive bodies and providing special social services to persons (families) needing special social services in the conditions of hospital, semi-hospital, temporary stay and at home;

10) standards of rendering special social services - the regulatory legal acts establishing the minimum requirements to quality, amount and conditions of provision of special social services;

10-1) special social payment - the money payments performed to persons occupied at works with harmful working conditions;

11) special vehicles - type of the technical assistance providing movement of person with disability;

12) the assistant - the employee of career center performing functions on rendering assistance to the consultant for social work and the akim of the settlement, village, rural district in carrying out consultation, interview, and also monitoring of accomplishment of obligations under the social contract;

13) the supporter person, containing the disabled family members consisting in its dependence at the expense of the income;

14) authorized body to destination the address public assistance - the local executive body of the city of republican value, the capital, area, city of regional value, the area in the city performing purpose of the government address public assistance;

15) the social assignments money paid by payers of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) debt on social assignments - estimated and unpaid in the terms established by this Code, the amounts of social assignments, and also outstanding amounts of penalty fee;

17) rate of social assignments - the fixed amount of obligatory payments in the State Social Insurance Fund expressed as a percentage of the size of subject to calculation of social assignments;

18) the payer of social assignments (further - the payer) - the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan, including the tax agents determined by the tax legislation of the Republic of Kazakhstan, performing payment of social contributions to the State Social Insurance Fund for the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services).

As the payer of social assignments local executive bodies or other legal entities in case of payment of material benefit to individual assistants according to the paragraph are recognized to the ninth the subitem 31) of Item 2 of article 319 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

19) social disadaptation - violation of interaction of the personality with social environment;

20) social deprivation - restriction and (or) deprivation of possibility of independent satisfaction with person (family) of the basic vital needs;

21) unified information system of the social and labor sphere - the object of informatization intended for automation of activities of authorized state body, local executive bodies concerning social protection and employment of the population, the centers of labor mobility, career centers, the Center of development of manpower and interdepartmental interaction for the purpose of provision of the state services to the population in the social and labor sphere;

22) the consultant for social work - the employee of career center performing assistance in purpose of the government address public assistance and exit of needy person (family) from the situation caused by stay he (she) below the poverty line;

23) the social worker - the worker who is rendering special social services and (or) performing assessment and determination of need for special social services, having the necessary qualification conforming to the established requirements;

24) social professional orientation - complex of the interconnected actions directed to rendering the practical help in the choice of professions, change of occupation and advanced training taking into account professional knowledge, skills, interests of the personality and requirements of the labor market;

25) the social contract - the agreement determining the rights and obligations of the Parties between the participant of active measures of assistance of employment and the center of labor mobility (career center), and in the cases provided by this Code with the physical persons or legal entities involved in the organization of active measures of assistance of employment and also about rendering the government address public assistance;

26) social risk - approach of the event attracting disability and (or) loss of work, loss of the supporter, loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) and child care of age of one and a half years on reaching it as a result of which the participant of system of compulsory social insurance or in case of his death the family members consisting in its dependence acquire the right to social payments according to this Code;

27) social payments - the payments performed by the State Social Insurance Fund for benefit of the receiver of social payment;

28) the receiver of social payment - the physical person for which social contributions to the State Social Insurance Fund before case of social risk were made and concerning which the State Social Insurance Fund passes the decision on purpose of social payments and in case of the death of person who is the participant of system of compulsory social insurance - members of the family of the dead (recognized by court is unknown absent or declared the dead) the supporter, consisting in its dependence;

29) diversification - placement of pension assets in various financial instruments for the purpose of decrease in risk of their losses according to the requirements established by National Bank of the Republic of Kazakhstan;

30) the printing edition - periodic printing editions which list is determined by authorized body by regulation, control and supervision of the financial market and the financial organizations;

31) biometric identification - the procedure of identification of physical person based on its physiological and biological invariable signs;

32) vacancy - free workplace (position) at the employer;

33) lump pension sum payment - the amount of the pension accruals created at the expense of compulsory pension contributions, withdrawn by the investor of compulsory pension contributions (the receiver of retirement benefits) from the single accumulation pension fund for the purpose of improvement of housing conditions and (or) payment of treatment according to the procedure, established by this Code;

34) the single accumulation pension fund - the legal entity performing activities for attraction of pension contributions and retirement benefits, and also other functions determined by this Code;

35) the investment declaration of the single accumulation pension fund - the document determining the list of investment objects, the purposes, strategy, conditions and restrictions of investing activities on pension assets, conditions of hedging and diversification of pension assets;

36) the payer of single payment - the tax agent determined by article 776-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

37) the organization performing obligatory guaranteeing deposits - the non-profit organization created in form of business of joint-stock company and performing obligatory guaranteeing deposits based on the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan", other regulatory legal acts of the Republic of Kazakhstan and the charter;

38) subsistence minimum - the minimum cash income on one person, equal in size of cost of the minimum consumer goods basket;

39) the market of work sphere of forming of the demand and supply on labor power;

40) national system of forecasting of manpower - complex of the applied methods and approaches allowing to determine forecast the demand and supply of labor power;

41) the Center of development of manpower - the legal entity created according to the decision of the Government of the Republic of Kazakhstan under authorized state body, providing information and analytical maintenance of the labor market, active measures of assistance of employment, methodological support of employment services, development and maintenance of unified information system of the social and labor sphere;

42) the center of labor mobility - the legal entity created by local executive body of area, city of republican value and the capital for the purpose of development and implementation of measures of assistance of employment;

43) able-bodied person (the able-bodied family member) - person or the family member aged since eighteen years to age, stipulated in Item 1 article 207 of this Code, except for persons with disability of the first or second group and (or) persons having diseases in case of which the term of temporary disability can be established more than two months;

44) freely chosen employment - the activities of citizens of the Republic of Kazakhstan, the kandas, foreigners and stateless persons living in the Republic of Kazakhstan, chosen by them by the free order the capabilities to work, choice of profession and kind of activity;

45) the Voluntary accumulation pension fund - the professional participant of the security market performing based on the license of authorized body on regulation, control and supervision of the financial market and the financial organizations activities for management of investment portfolio with the right of attraction of voluntary pension contributions;

46) voluntary pension contributions - the money placed by investors of voluntary pension contributions on the initiative in the single accumulation pension fund and (or) the Voluntary accumulation pension funds for benefit of the receiver of retirement benefits according to the procedure, determined by the legislation of the Republic of Kazakhstan and the pension provision agreement at the expense of voluntary pension contributions, and (or) the unclaimed amount of warranty compensation on the guaranteed deposit listed by the organization performing obligatory guaranteeing deposits in the single accumulation pension fund according to the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan";

47) the pension provision agreement at the expense of voluntary pension contributions - the agreement on establishment, change or the termination of the legal relationship connected with voluntary pension contributions, accumulatings and receipt of retirement benefits which conditions are accepted by the investor (receiver) precisely by accession to the offered agreement in general;

48) the rate of voluntary pension fees sizes of payment in the single accumulation pension fund and (or) the Voluntary accumulation pension fund which is determined by the investor of voluntary pension contributions independently and can be changed at its discretion, determined by the pension provision agreement at the expense of voluntary pension contributions;

49) the investor of voluntary pension contributions - the physical person or legal entity performing at the expense of own means and also the physical person performing at the expense of the unclaimed amount of warranty compensation on the guaranteed deposit voluntary pension contributions for benefit of the receiver of retirement benefits according to the pension provision agreement at the expense of voluntary pension contributions;

50) subsidizing of the salary - total or partial compensation of costs of the employer for compensation of the workers employed on subsidized workplaces;

51) the hired worker - the physical person performing work on the employment contract or performing activities for the agreement of civil nature in which the schedule and payment for the worked time or unit of manufactured goods, or for the rendered services are determined by the customer;

52) the average per capita income - the share of comprehensive income of family falling on each family member in month;

53) the minimum size of old-age pension - the minimum size of retirement benefit on age established for the corresponding financial year by the law on the republican budget;

54) the individual retirement account - the personal personalized account of the investor of compulsory pension contributions, physical person for whom compulsory professional pension contributions, voluntary pension contributions (the receiver of retirement benefits) are listed, on which compulsory pension contributions or compulsory professional pension contributions, or voluntary pension contributions, investment revenue, penalty fee and other receipts according to the legislation of the Republic of Kazakhstan are considered and from which retirement benefits are made;

55) the individual assistant - person rendering services in escort of person with disability of the first group having difficulty in movement and to assistance in case of visit of objects;

56) person who is engaged in private practice - the private notary, the private legal executive, the lawyer and professional mediator;

57) comprehensive income - the amount of the income types considered in case of purpose of the government address public assistance;

58) compulsory pension contributions of the employer - the money transferred by agents at the expense of own funds into the conditional retirement account according to the procedure, established by the legislation of the Republic of Kazakhstan;

59) rate of compulsory pension contributions of the employer - the amount of payment of the agent in the single accumulation pension fund expressed as a percentage of the income of the worker accepted for calculation of compulsory pension contributions of the employer;

60) labor power - occupied and unemployed population;

61) persons which are not labor force composition - persons who are not busy or jobless;

62) workplace - the place of permanent or temporary finding of the worker in case of accomplishment of labor obligations by it in the course of labor activity;

63) person who is looking for work - the physical person who addressed to career center behind assistance in employment;

64) employment - complex of the organizational, economic and legal actions designed to promote employment of the population;

65) the individual plan of employment - the document in which the personal data of the unemployed planned and implementable actions for employment assistance are specified;

66) private employment agency - the physical person or legal entity rendering the labor mediation registered according to the procedure, established by the legislation of the Republic of Kazakhstan;

67) the unemployed - the physical person performing job search and ready to get to work;

68) pension - set of the state base retirement benefit and (or) retirement benefits on age, and (or) retirement benefits for long service and (or) from the single accumulation pension fund, and (or) the Voluntary accumulation pension fund, and (or) insurance payments from insurance company according to the agreement of retirement annuity;

69) pension assets - the money, securities, other financial instruments intended for providing and implementation of retirement benefits, the translations, and also other purposes provided by this Code;

70) investment revenue of pension assets - the money received (which are subject to obtaining) as a result of investment of pension assets;

71) investment portfolio of pension assets sets of the financial instruments which are part of pension assets;

72) the agreement of pension annuity - the insurance contract according to which one party (insurer) shall transfer to insurance company the amount of pension accruals (the redemption amount) and other party (insurance organization) shall perform insurance payments for benefit of the insurer and (or) insured (insured) for life or during the certain period of time;

73) authorized organization for issue of pensions and benefits - the banks of the second level, the organizations having licenses of authorized body on regulation, control and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

74) pension accruals - money of the investor of compulsory pension contributions, physical person for whom compulsory professional pension contributions, voluntary pension contributions (the receiver of retirement benefits) considered on its individual retirement account, including compulsory pension contributions, compulsory professional pension contributions and voluntary pension contributions, investment revenue of pension assets, penalty fee and other receipts according to agreements, this Code, the legislation of the Republic of Kazakhstan are listed;

75) threshold of the minimum sufficiency of pension accruals - the minimum size of the pension accruals created at the expense of compulsory pension contributions necessary for providing monthly pension is not lower than the size of minimum pension, established by the law on the republican budget and acting on the January 1 of the corresponding financial year determined according to the technique approved by the Government of the Republic of Kazakhstan;

76) provision of pensions - set of the legal, economic and social measures aimed at providing citizens with retirement benefits in case of occurrence of retirement age and other conditions stipulated by the legislation the Republic of Kazakhstan;

77) retirement benefits:

on age - payments to the physical persons having working life at least six months as of January 1, 1998 performed in proportion to working life;

for long service - payment by the serviceman, to the staff of special state and law enforcement agencies, the public courier service, and also persons which right to have special ranks, class ranks and to wear uniform are abolished since January 1, 2012, and to persons whose medical positions are reduced in law-enforcement bodies of the Republic of Kazakhstan since July 1, 2022 and on January 1, 2023, having at the time of reducing position length of service at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, the public courier service, on condition of continuation of work by them in the medical organizations located in pre-trial detention centers and organizations of criminal and executive (penitentiary) system according to this Code;

from the single accumulation pension fund - payment to physical persons for whom compulsory pension contributions and (or) compulsory pension contributions of the employer, and (or) compulsory professional pension contributions, and (or) voluntary pension contributions are paid;

from insurance company - payment from insurance company to physical persons according to the agreement of retirement annuity;

from the Voluntary accumulation pension fund - payment to physical persons for whom voluntary pension contributions are paid;

78) the receiver of retirement benefits - physical person to which the state base retirement benefit and (or) retirement benefits on age, and (or) retirement benefits for long service, and (or) retirement benefits from the single accumulation pension fund and (or) the Voluntary accumulation pension fund, and (or) insurance payments from insurance company according to the agreement of retirement annuity are appointed;

79) the minimum size of pension - the minimum size of pension established for the corresponding financial year by the law on the republican budget;

80) the managing director of investment portfolio - the professional participant of the security market performing on its own behalf both in interests and for customer account activities for management of investment portfolio based on the license according to the laws of the Republic of Kazakhstan "About the security market" and "About permissions and notifications", and also conforming to requirements of authorized body for regulation, control and supervision of the financial market and the financial organizations for implementation of management of pension assets;

81) Internet platform - the Internet resource intended for implementation of interaction between the operator of Internet platform, the customer and the contractor on rendering services and performance of works;

82) bank custodian - The National Bank of the Republic of Kazakhstan or bank of the second level having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on custodial activities;

83) the custodial agreement - the agreement of storage and the order signed by bank custodian and its client, determining procedure for provision to the client of services in custodial servicing;

84) professional orientation - system of the measures sent on assistance to the person with disability in the choice of types of labor activity;

85) professional training - the training including professional training, retraining for the purpose of receipt of new specialties (professions), skills and advanced training within the measures of assistance of employment provided by this Code;

86) poverty line - the extreme minimum size of cash income on one person established as criterion for determination of the extent of the government address public assistance;

87) person performing leaving - the physical person which is directly performing face care with disability of the first group irrespective of family relation with it;

88) coefficient of replacement of the income - coefficient which is determined depending on case of social risk;

89) authorized body on regulation, control and supervision of the financial market and the financial organizations - the state body performing state regulation, control and supervision of the financial market and the financial organizations;

90) coefficient of years of service of participation - coefficient which is determined depending on general years of service of participation in system of compulsory social insurance;

91) career center - the branch of the center of labor mobility performing accomplishment of its functions in areas, the cities of regional and republican value, the capital;

92) medical abilitation - the process of medical rehabilitation directed to acquisition or compensation of not created functions and skills of children with disability and their integration into society;

93) the median income - the income size concerning which the income at half of the population is higher hey is lower than half of the population;

94) medical rehabilitation - complex of the medical services directed to preserving, partial or complete recovery of the broken and (or) lost functions of organism;

95) medico-social examination - assessment of the restrictions of activity of osvidetelstvuyemy person caused by permanent disorder of functions of organism with establishment (not establishment) of disability and (or) extent of disability, and also determination of his needs for measures of social protection;

96) division of medico-social examination - the structural division of authorized state body which is carrying out medico-social expertize;

97) the independent expert of medico-social examination - the physical person conforming to the requirements determined by authorized state body, and consisting in the register of independent experts of medico-social examination;

98) the government address public assistance (further - the address public assistance) - the help provided by the state to physical persons (families) with the monthly average per capita income below the poverty line, established in areas, the cities of republican value, the capital;

99) the public social benefits - the money payments provided to citizens in case of approach of disability and loss of the supporter;

100) the State Social Insurance Fund (further - Fund) - non-profit organization in the form of joint-stock company, the founder and which single shareholder is the state, making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance concerning which there came the case of social risk, including family members - dependents in case of loss of the supporter;

101) assets of the State Social Insurance Fund (further - assets of Fund) - the money, securities, other financial instruments intended for the purposes provided by this Code;

102) the investment declaration of the State Social Insurance Fund (further - the investment declaration of Fund) - the document determining the purposes, strategy, the list of objects for investment within the legislation of the Republic of Kazakhstan, condition and restriction of investing activities on assets of Fund, condition of hedging and asset diversification of Fund;

103) investment revenue of the State Social Insurance Fund (further - investment revenue of Fund) - the money received (which are subject to obtaining) as a result of investment of assets of Fund;

104) the state base retirement benefit - the monthly money payment provided on reaching retirement age, stipulated in Item 1 article 207 of this Code;

105) disability - extent of restriction of activity of the person owing to violation of health with permanent disorder of functions of organism;

106) person with disability - person having the violation of health with permanent disorder of functions of organism caused by diseases, mutilations (wounds, injuries, contusions), their consequences, violations which leads to restriction of activity and need of its social protection;

107) social resettlement of persons with disability - package of measures, the conditions for overcoming by persons directed to creation with disability of restrictions of activity, recovery of the social status, their social and environmental adaptation;

108) employment rehabilitation of persons with disability - package of measures, the broken, or lost professional skills directed to obtaining or recovery, knowledge and abilities of persons with disability, their adaptation and employment;

109) the individual program of abilitation and rehabilitation of person with disability (further - the individual program) - the document determining specific amounts, types and terms of carrying out abilitation and rehabilitation of person with disability on the basis of his individual requirements;

110) the child with disability - person aged up to eighteen years having the violation of health with permanent disorder of functions of organism caused by diseases, mutilations (wounds, injuries, contusions), their consequences, violations which leads to restriction of activity and need of its social protection;

111) compulsory social insurance - set of the measures organized, controlled and guaranteed by the state for compensation of part of the income considered as subject to calculation of social assignments for the purpose of implementation of social payments in case of approach of case of the social risk provided by this Code;

112) system of compulsory social insurance - set of the regulations and rules established and guaranteed by the state, governing the relations between subjects of system of compulsory social insurance;

113) general years of service of participation in system of compulsory social insurance - total quantity of months for which social assignments arrived;

114) the participant of system of compulsory social insurance - physical person for which social assignments are paid and which has the right to social payments in case of approach of the cases of social risk provided by this Code;

115) subjects of system of compulsory social insurance - the payer; participant of system of compulsory social insurance; receiver; State corporation; Fund; National Bank of the Republic of Kazakhstan; authorized state body; bodies of state revenues; center of labor mobility;

116) compulsory pension contributions - the money placed according to this Code in the single accumulation pension fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

117) debt on compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions the compulsory pension contributions - estimated, withheld (added) and not listed in the single accumulation pension fund, compulsory pension contributions of the employer, compulsory professional pension contributions in the terms established according to this Code and also outstanding amounts of penalty fee;

118) the pension provision agreement at the expense of compulsory pension contributions, compulsory professional pension contributions - the agreement of accession which conditions are accepted by the investor of compulsory pension contributions, physical person for whom compulsory professional pension contributions (the receiver of retirement benefits), precisely by accession to the offered agreement in general are listed;

119) the agent on payment of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions, voluntary pension contributions (further - the agent) - physical person or legal entity, including the foreign legal entity performing activities in the Republic of Kazakhstan through the permanent organization, branches, representations of foreign legal entities estimating, holding (charging) and listing compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions, voluntary pension contributions in the single accumulation pension fund according to the procedure, determined by the legislation of the Republic of Kazakhstan.

The insurance company is considered as the agent.

As the agent on calculation (charge), transfer of single payment for workers the tax agents determined according to article 776-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) are considered.

As the agent on payment of compulsory pension contributions for the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) the tax agents determined by the tax legislation of the Republic of Kazakhstan are considered (further - tax agents);

120) rate of compulsory pension contributions - the amount of payment in the single accumulation pension fund expressed as a percentage of the income of the investor accepted for calculation of compulsory pension contributions and (or) to the insurance payments performed as the indemnification connected with loss of earnings (income);

121) the investor of compulsory pension contributions - the physical person having the individual retirement account for accounting of compulsory pension contributions in the single accumulation pension fund;

122) compulsory professional pension contributions - the money transferred by agents at the expense of own means in the single accumulation pension fund for benefit of workers borrowed at works with harmful working conditions which professions are provided by the list of productions, works, professions of workers;

123) rate of compulsory professional pension contributions - the amount of payment of the agent in the single accumulation pension fund expressed as a percentage of the income of the worker accepted for calculation of compulsory professional pension contributions;

124) rehabilitation - package of measures, the capabilities of person directed to complete or partial recovery with disability to household, public, professional and other work;

124-1) difficult life situation - the situation recognized on the bases provided by this Code, objectively breaking activity of the person which it cannot independently overcome;

124-2) integrated model of rendering to persons (families) which appeared in difficult life situation, full support within competence of state bodies (further - the integrated model) - the organizational and functional approach providing participation of state bodies under coordination of authorized state body for the purpose of strengthening of interdepartmental interaction;

125) activity restriction - complete or partial loss by person of capability or opportunity to perform self-service, to independently move, be guided, communicate, to control the behavior, to study and be engaged in labor activity;

126) mobile application of platform employment - the software product established and started on the subscriber structure of cellular communication and providing access to the services and works rendered by means of Internet platform;

127) the prosthetic and orthopedic help - specialized type of medico-technical assistance on providing persons with disability prosthetic and orthopedic means and training in use of them;

128) the organization for forming and maintaining the database on insurance - the non-profit organization created in form of business of joint-stock company which hundred percent of voting shares belong to National Bank of the Republic of Kazakhstan, the performing activities for forming and maintaining the single database on insurance according to the Law of the Republic of Kazakhstan "About insurance activity";

129) insurance company - the legal entity performing activities for the conclusion and execution of insurance contracts in industry "life insurance" based on the corresponding license of authorized body on regulation, control and supervision of the financial market and the financial organizations;

130) the redemption amount - amount of money which in case of early agreement cancelation of retirement annuity the insurer has the right to use for implementation of the translation under again signed agreement of retirement annuity or to receive from insurance company if is the foreigner or the person without citizenship who left on the permanent residence of the Republic of Kazakhstan, submitted the documents determined by the legislation of the Republic of Kazakhstan, confirming the departure fact to insurance company;

131) the subsidized working place - the workplace created by the employer on contractual basis with the center of labor mobility (career center) for employment of the unemployed, and also students and the studying senior classes of the comprehensive schools in non-study time participating in the works which are not doing harm to health and not breaking training process with complete or partial subsidizing of their salary;

132) needy persons (families) are persons (family) having the average per capita income per month below the poverty line, established in areas, the cities of republican value, the capital;

133) the independent worker - the physical person which is independently performing activities for production (realization) of goods, works and services for the purpose of commercialization without state registration of the activities, except for the individual entrepreneurs, persons who are engaged in private practice, founders (participants) of economic partnership and founders, shareholders (participants) of joint-stock company, members of production cooperative;

134) technical supportive (compensatory) means:

prosthetic and orthopedic means - the means replacement the absent extremities or other parts of body compensating broken or the lost functions of organism owing to disease or damage of health;

surdotekhnichesky means - technical means for correction and compensation of hearing disorder, and also the strengthening sound of the means of communication and information transfer;

tiflotekhnichesky means - the technical means allocated for correction and compensation of the lost opportunities of persons with disability as a result of sight violation;

obligatory hygienic means - the means intended for departure of natural physiological needs and requirements;

135) authorized state body - the central executive body performing management and cross-industry coordination in the sphere of social protection of the population according to the legislation of the Republic of Kazakhstan, regulation, control functions behind activities of Fund;

136) the authorized operator - the legal entity (legal entities) determined (determined) by the Government of the Republic of Kazakhstan, performing (performing) opening and maintaining special accounts for lump retirement benefits from the single accumulation pension fund for the purpose of improvement of housing conditions and (or) payments of treatment on which the single accumulation pension fund makes transfer of lump retirement benefits from the pension accruals created at the expense of compulsory pension contributions;

137) the precinct election commission - the special commission created by the decision of akims of the corresponding administrative and territorial units for carrying out inspection of financial position of persons (families) which asked for the address public assistance;

138) affiliates - the physical persons or legal entities (except for the state bodies performing control and supervising functions within the powers conferred to them, and national managing holding) having opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on accepted with each other (one of persons) decisions, including owing to the concluded bargain. Availability of national managing holding in shareholding structure of the Voluntary accumulation pension fund is not the basis for determination affiliated on the relation to each other of persons;

139) local executive body concerning social protection and employment of the population - the local executive body of area, the cities of republican value, the capital determining the directions in the sphere of social protection and employment of the population;

140) employment of the population - the labor activity connected with satisfaction personal and public needs, which is not contradicting the legislation of the Republic of Kazakhstan, bringing in earnings or the income;

141) outsourcing of services in the sphere of employment of the population - complex of the actions directed to transfer of services by the centers of labor mobility to private employment agencies based on the agreement on outsourcing of services in the sphere of employment of the population;

142) the caused monetary assistance - type of the address public assistance given in form of monthly money payments, to needy persons (families) on condition of their obligatory participation in measures of assistance of employment and (or), if necessary, measures of social adaptation;

143) the unconditional monetary assistance - type of the address public assistance given in form of monthly money payments, to needy persons (families) with limited opportunities of participation in employment assistance measures;

144) contingent pension liabilities - obligations of the single accumulation pension fund on retirement benefits at the expense of compulsory pension contributions of the employer and other receipts according to the legislation of the Republic of Kazakhstan;

145) the conditional retirement account - the account opened addressed to physical person in the single accumulation pension fund on which data on the arrived compulsory pension contributions of the employer and other receipts according to the legislation of the Republic of Kazakhstan, and also data on the size of retirement benefits at the expense of compulsory pension contributions of the employer for the corresponding financial year are considered;

146) the specialist of sign language - the specialist rendering services to persons with disability on sign language translation from any language on the tactile alphabet and (or) sign language.

2. Other special concepts and terms of the legislation of the Republic of Kazakhstan on social protection are used in the values determined in the relevant articles of this Code.

Article 2. Legislation of the Republic of Kazakhstan on social protection

1. The legislation of the Republic of Kazakhstan on social protection is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The international agreements ratified by the Republic of Kazakhstan have priority before this Code. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

3. Operation of the legislation of the Republic of Kazakhstan on insurance and insurance activity does not extend to the legal relationship settled by the legislation of the Republic of Kazakhstan on social protection in the field of compulsory social insurance.

4. On the single accumulation pension fund, the Voluntary accumulation pension funds and other legal entities performing activities within the specific mode of regulation, regulation of this Code and regulatory legal acts of authorized body entered according to the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" on regulation, control and supervision of the financial market and the financial organizations, National Bank of the Republic of Kazakhstan accepted according to this Code extend in the limits provided by conditions of specific mode of regulation.

5. The regulations of the legislation of the Republic of Kazakhstan on social protection in the field of provision of pensions applied in relation to insurance companies extend to branches of insurance companies - nonresidents of the Republic of Kazakhstan, performing activities for the conclusion and execution of insurance contracts in industry "life insurance" based on the corresponding license of authorized body on regulation, control and supervision of the financial market and the financial organizations in the territory of the Republic of Kazakhstan.

6. Operation of the legislation of the Republic of Kazakhstan on public procurements regarding purchase of services of independent experts of medico-social examination does not extend to the legal relationship settled by the legislation of the Republic of Kazakhstan on social protection of the population in the field of medico-social examination.

Article 3. The principles of state policy in the sphere of social protection

State policy in the sphere of social protection is based on the following principles:

1) equality and inadmissibility of restriction of rights of man and citizen in the sphere of social protection;

2) preventiveness;

3) targeting, availability and the differentiated approach;

4) solidarity and collective responsibility of the state, employers and citizens in social security system;

5) transparency and justice of use of economic resources, and also harmony to tasks of state policy in the sphere of social protection.

Article 4. Equality and inadmissibility of restriction of rights of man and citizen in the sphere of social protection

Everyone has equal opportunities in realization of the rights and freedoms in the sphere of social protection. Nobody can be exposed to any discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence, age, the state of health, including disability, or on any other circumstances.

Article 5. Preventiveness

1. Preventiveness provides early identification of social risks of economic, physiological, production, demographic nature and elimination of the reasons and conditions promoting their origin.

2. Preventive measures on decrease in social risks are performed by state bodies, public organizations, the employer, citizens according to the legislation of the Republic of Kazakhstan.

Article 6. Targeting, availability and the differentiated approach

Social protection has the personified character and extends only to individually certain group of people, having the right according to this Code.

Measures of social protection and conditions of their provision to citizens are determined on the basis of the differentiated approach taking into account their labor contribution, the reason and degree of disability, and also the need for social protection.

Article 7. Solidarity and collective responsibility of the state, employers and citizens in social security system

1. Joint liability of the state, employers and citizens in the sphere of social protection is performed by parity separation of responsibility for quality of life, social welfare, and also for decrease in social risks.

2. State bodies, employers and citizens jointly participate in implementation of measures of social security at the expense of budgetary funds, means of compulsory social insurance and other sources of financing, stipulated by the legislation the Republic of Kazakhstan.

Article 8. Transparency and justice of use of economic resources, and also harmony to tasks of state policy in the sphere of social protection

1. Activities of state bodies for use of economic resources in case of realization of state policy in the sphere of social protection shall be public and open in the limits set by the legislation of the Republic of Kazakhstan.

2. During the forming and realization of state policy in the sphere of social protection state bodies provide fair balance of interests of the state, employers and citizens in social security system, and also harmony of economic resources and tasks of state policy in the sphere of social protection.

Chapter 2. The rights of persons in the sphere of social protection

Article 9. The minimum social standards and the rights of persons in the social sphere

1. Providing with the minimum social standards in spheres of work, social security, education, family and children, health cares, cultures, physical culture and sport, rendering the legal aid guaranteed by the state is performed according to the Law of the Republic of Kazakhstan "About the minimum social standards and their guarantees".

2. No. 15-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2023

Article 10. Right to social protection

1. Social protection is provided to persons (families) in case of approach of the conditions established by this Code in type:

1) social protection to the families having children;

2) measures of social protection from unemployment and employment of the population, and also social payments for case of loss of work on condition of participation in system of compulsory social insurance;

3) the address public assistance to persons (families) with the average per capita income which is not exceeding poverty line;

4) rendering special social services to persons (families) recognized by persons in need in provision of special social services;

5) social protection of persons with disability;

6) the public assistance to separate categories of citizens by means of payment of special public welfare payment, in compliance in this Code and the laws of the Republic of Kazakhstan;

6-1) social protections of persons occupied at works with harmful working conditions;

7) provision of pensions;

8) social protection of persons who lost the supporter;

9) lump sum payment on burial in case of the death of the receiver of retirement benefits on age or the receiver of the state base retirement benefit, the public social benefits to his family or person which performed burial.

2. The rights provided by this Article are implemented according to the procedure and on the conditions provided by the Special part of this Code.

Chapter 3. Competence of state bodies and other organizations

Article 11. Competence of the Government of the Republic of Kazakhstan Government of the Republic of Kazakhstan:

1) establishes the extreme size of interest rate of commission fee of Fund;

2) makes the decision on increase in the amount of social payments for cases of disability and loss of the supporter;

3) is determined by the list and limits of financial instruments for investment of assets of Fund;

4) sets the regulations and limits providing financial stability of Fund;

5) is approved by the list of the financial instruments permitted to acquisition at the expense of the pension assets of the single accumulation pension fund which are in trust management of National Bank of the Republic of Kazakhstan;

6) is determined by procedure and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties by them;

7) is determined by procedure and terms of calculation (charge) and transfer of compulsory pension contributions of the employer in the single accumulation pension fund and penalties by them;

8) approves rules of determination of the size and implementation of retirement benefits at the expense of compulsory pension contributions of the employer from the single accumulation pension fund;

9) approves rules of withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges of the Constitutional Court of the Republic of Kazakhstan, judges in case of release of the judge from position for negative motives;

10) approves rules of implementation of the retirement benefits created at the expense of compulsory pension contributions, compulsory professional pension contributions, lump retirement benefits for the purpose of improvement of housing conditions and (or) the payments of treatment created at the expense of compulsory pension contributions from the single accumulation pension fund, their return to the single accumulation pension fund, technique of implementation of calculation of the size of retirement benefits, technique of determination of coefficient of replacement of the average monthly income of the receiver with retirement benefits, technique of determination of threshold of the minimum sufficiency of pension accruals;

11) approves rules of return of 50 percent from the amount of compulsory pension contributions, budgetary funds transferred for the account till January 1, 2016 for benefit of the military personnel (except the military personnel of conscription service), the staff of special state and law enforcement agencies, the public courier service, and also persons which right to have special ranks, class ranks and to wear uniform are abolished since January 1, 2012;

12) approves rules of preserving privileges for retirement benefits for long service to persons whose medical positions are reduced in law-enforcement bodies of the Republic of Kazakhstan since July 1, 2022 and on January 1, 2023, having at the time of reducing position length of service at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, the public courier service, on condition of continuation of work by them in the medical organizations located in pre-trial detention centers and organizations of criminal and executive (penitentiary) system;

13) approves rules of implementation of compulsory professional pension contributions;

14) approves rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund in the amount of actually brought compulsory pension contributions, compulsory professional pension contributions taking into account the rate of inflation;

15) makes decisions on the creation, reorganization or liquidation of the single accumulation pension fund according to the procedure provided by the laws of the Republic of Kazakhstan;

16) is approved by evaluation procedure of needs of persons with disability according to the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability;

17) approves standard rules of rendering the public assistance, establishment of its sizes and determination of the list of separate categories of the needing citizens.

Article 12. Competence of authorized state body

Authorized state body:

establishes the general principles of the organization and implementation of medico-social examination and rehabilitation of persons with disability;

creates and realizes state policy in the sphere of social protection and employment of the population, and also will organize its implementation;

3), Nona more than two times a year annually establish the size of interest rate of commission fee of Fund;

Develops 4):

rules of implementation of the retirement benefits created at the expense of compulsory pension contributions, compulsory professional pension contributions, lump retirement benefits for the purpose of improvement of housing conditions and (or) the payments of treatment created at the expense of compulsory pension contributions from the single accumulation pension fund, their return to the single accumulation pension fund, technique of implementation of calculation of the size of retirement benefits, technique of determination of coefficient of replacement of the average monthly income of the receiver with retirement benefits, technique of determination of threshold of the minimum sufficiency of pension accruals;

rules of implementation of compulsory professional pension contributions;

rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund in the amount of actually brought compulsory pension contributions, compulsory professional pension contributions taking into account the rate of inflation;

evaluation procedure of needs of persons with disability according to the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability;

standard rules of rendering the public assistance, establishment of its sizes and determination of the list of separate categories of the needing citizens;

rules of return of 50 percent from the amount of compulsory pension contributions, budgetary funds transferred for the account till January 1, 2016 for benefit of the military personnel (except the military personnel of conscription service), the staff of special state and law enforcement agencies, the public courier service, and also persons which right to have special ranks, class ranks and to wear uniform are abolished since January 1, 2012;

procedure and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them;

the list of works in the organizations performing forensic medical examination and pathoanatomical diagnostics for preferential calculation of working life for purpose of retirement benefits on age in one-and-a-half size;

the list of seasonal industries in work during which complete season is set off in years of service for purpose of retirement benefits on age for year of work;

the list and limits of financial instruments for investment of assets of Fund;

the regulations and limits providing financial stability of Fund;

offer on limiting establishment of size of interest rate of commission fee of Fund;

offer on increase in the amount of social payments for cases of disability and loss of the supporter;

4-1) approves rules of carrying out rotation of the first heads of the state organizations providing special social services;

Develops 5) and claims:

forms of reporting documentation in the field of the address public assistance;

forms of checking sheets, criteria for evaluation of risk degree according to the Entrepreneurial code of the Republic of Kazakhstan;

standards of workplace of persons with disability;

standards of rendering special social services in the field of social protection of the population;

technique of forming of rates and limit of rates for the services in the sphere of employment of the population rendered at the expense of budgetary funds;

rules of voluntary resettlement of persons for increase in labor force mobility;

rules of the organization and financing of outsourcing of services in the sphere of employment of the population;

the qualification requirements imposed to the private employment agencies applying for participation in outsourcing of services in the sphere of employment of the population;

the list of the services offered within outsourcing of services in the sphere of employment of the population;

rules of calculation of comprehensive income of person (family) applying for receipt of the address public assistance;

rules of use by the centers of rendering special social services of retirement benefits in age, for long service and public social benefits;

rules of collection of commission fee by Fund;

rules of calculation and payment of social contributions to Fund and penalties on them;

rules and cases of implementation of return of excessively (mistakenly) paid social assignments and (or) penalty fee for untimely and (or) incomplete payment of social assignments;

rules of issue to the participant of system of compulsory social insurance of information on condition and movement of social assignments;

rules of appointment and payment of the address public assistance;

rules of provision of services of the individual assistant for persons with disability of the first group having difficulty

in movement, according to the individual program of abilitation and rehabilitation of person with disability;

rules of provision of services of the specialist of sign language for persons with disability on hearing according to the individual program of abilitation and rehabilitation of person with disability;

rules of providing persons with disability the prosthetic and orthopedic help, technical supportive (compensatory) means, special vehicles according to the individual program of abilitation and rehabilitation of person with disability, including terms of their replacement;

rules of provision of sanatorium treatment to persons with disability and to children with disability according to the individual program of abilitation and rehabilitation of person with disability;

rules of conducting medico-social examination;

rules of cost recovery of goods and services from means of the government budget in case of realization to their persons with disability through the portal of social services;

rules of registration of suppliers of goods and (or) services or their removal from registration on the portal of social services, and also the admission of goods and (or) services for the portal of social services;

the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability;

technique of determination of the guaranteed amount provided as cost recovery of the goods and (or) services acquired by persons with disability through the portal of social services;

rules of assessment and determination of need for special social services in coordination with authorized bodies in the fields of education and health cares;

rules of financing and monitoring of rendering special social services of social protection of the population;

rules of organization activity, rendering special social services;

rules, terms of issue and withdrawal of the certificate on assignment of qualification category for specialists in the field of social protection of the population;

rules and technique of forming of rates for special social services;

rules of certification of social workers in coordination with authorized body in the field of education;

qualification requirements to social workers;

technique of determination of social wellbeing of family (person) in coordination with authorized body in the sphere of informatization;

the list of the guaranteed amount of special social services;

the list of productions, works, professions of the workers occupied at works with harmful working conditions for benefit of which agents on payment of compulsory professional pension contributions at the expense of own means perform compulsory professional pension contributions;

Performs 6):

interaction with physical persons and legal entities, authorized bodies in the field of health care, education and other state bodies concerning provision of special social services;

check of activities of the State corporation within competence;

analysis, assessment and control of financial stability of Fund;

internal control of activities of Fund according to the procedure, established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

7) renders electronic services using information systems according to the legislation of the Republic of Kazakhstan on informatization;

8) determines the extent of poverty line by the Republic of Kazakhstan;

Develops 9) and approves regulatory legal acts in the sphere of social protection;

9-1) performs the organization and coordination of works on maintaining the medico-social accounting;

10) performs other functions provided by this Code, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 13. Competence of authorized body in health care

Authorized body in the field of health care:

Pursues 1) and realizes single state policy in the field of forming of healthy lifestyle of the population and prevention of disability;

Develops 2) and approves standards of rendering special social services in the field of health care in coordination with authorized state body and authorized body in education;

Performs 3):

control in the sphere of provision of special social services;

interaction with physical persons and legal entities, authorized state body and other state bodies concerning provision of special social services;

Develops 4) and approves within the competence regulatory legal acts in the sphere of social protection;

5) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 14. Competence of authorized body of the field of education

Authorized body in the field of education:

1) provides persons with disability of education according to the legislation of the Republic of Kazakhstan;

2) realizes state policy in the sphere of provision of special social services in the field of education;

Develops 3) and approves standards of rendering special social services in the fields of education and protection of the rights of children;

Performs 4):

control in the sphere of provision of special social services;

interaction with physical persons and legal entities, authorized state body and other state bodies concerning provision of special social services;

Develops 5) and approves within the competence regulatory legal acts in the sphere of social protection;

6) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 15. Competence of authorized body on regulation, control and supervision of the financial market and the financial organizations

Authorized body on regulation, control and supervision of the financial market and the financial organizations:

Develops 1) and approves regulatory legal acts regarding regulation, control and supervision of the financial market and the financial organizations;

Develops 2) and approves rules of implementation of activities of the single accumulation pension fund and (or) the Voluntary accumulation pension funds;

Develops 3) and approves translation rules of pension accruals from the single accumulation pension fund in the Voluntary accumulation pension fund, from the Voluntary accumulation pension fund in the single accumulation pension fund, and also from one Voluntary accumulation pension fund in other Voluntary accumulation pension fund;

Develops 4) and approves rules of collection of commission fee by the single accumulation pension fund;

Develops 5) and approves the standard agreement of retirement annuity, establishes method of calculation of insurance premium and insurance payment from insurance company for the agreement of retirement annuity;

Develops 6) and approves rules of the conclusion of the contract of retirement annuity with insurance company and transfer of pension savings (the redemption amount) of insurance company, single accumulation pension fund under the agreement of retirement annuity;

Develops 7) and approves requirements to managing directors of investment portfolio by which pension assets according to article 37 of this Code, and also the list of the financial instruments permitted to acquisition at the expense of these pension assets can be delivered in trust management;

8) conducts and places the register of the managing directors of investment portfolio conforming to requirements of authorized body for implementation of management of pension assets on the Internet resource;

Develops 9) and approves rules and terms of transfer of pension assets to trust management to the managing director of investment portfolio and transfers of pension assets from one managing director of investment portfolio to other managing director of investment portfolio or National Bank of the Republic of Kazakhstan;

Develops 10) and approves rules of calculation of negative difference between the nominal profitability of pension assets received by managing investment portfolio, and the minimum value of profitability of pension assets and also rules and terms of compensation of negative difference managing investment portfolio at the expense of equity;

Develops 11) and approves within the competence regulatory legal acts in the sphere of social protection;

11-1) exercises control of procedure for conducting accounting of target requirements by the single accumulation pension fund, target accumulatings and target assets;

12) performs other functions provided by this Code, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 16. Competence of the Center of development of manpower

The center of development of manpower performs:

1) rendering services to authorized state body on:

to work market situation assessment, demand forecast and offers of labor power;

to monitoring of the course of implementation of measures of assistance of employment of the population, assessment and development of offers on their enhancement;

organizations of collection of the departmental and administrative statistical reporting under questions of social protection, employment, labor migration of citizens;

to acquisition of the training rates for professional training of the unemployed by means of Electronic employment exchange;

to methodological support of structural divisions of the local executive bodies performing coordination of questions of social protection and employment of the population, and also the centers of labor mobility (career centers) concerning employment and the address public assistance;

to information, consulting, methodical support concerning social protection of persons with disability and the carrying out price analysis on technical means and services of rehabilitation declared by suppliers on the portal of social services;

to information, consulting, methodical support concerning National system of qualifications;

to examination of professional standards;

to development of mechanisms of rendering pro-active and electronic state services to participants of the pension system, system of compulsory social insurance and social security, active measures of assistance of employment and receivers of the public assistance given by local executive bodies, to receivers of special professional public welfare payment, insurance payment for the agreement of pre-retirement annuity insurance, professional payment at the expense of means of the employer;

to forming, maintenance and development of the personified database of participants of funded pension system, system of compulsory social insurance, system of compulsory social medical insurance, payers of single cumulative payment and single payment;

2) advanced training of specialists of local executive bodies and centers of labor mobility (career centers);

3) support, system maintenance and project management of development of single digital platform of employment "Electronic employment exchange";

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