ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2012 No. 1092

About approval of Rules of compensation of the right of non-paid privatization of the office dwelling which is not subject to privatization, including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices

According to article 99 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations", Articles 45, "About military service and the status of the military personnel" the Government of the Republic of Kazakhstan DECIDES: 55 Laws of the Republic of Kazakhstan of February 16, 2012

1. Approve the enclosed Rules of compensation of the right of non-paid privatization of the office dwelling which is not subject to privatization, including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices.

2. This resolution becomes effective since January 1, 2013 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of August 28, 2012 No. 1092

Rules of compensation of the right of non-paid privatization of the office dwelling which is not subject to privatization, including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices

1. General provisions

1. These rules of compensation of the right of non-paid privatization of the office dwelling which is not subject to privatization including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices (further - Rules) determine conditions and payment procedure of monetary compensation instead of the right of non-paid privatization of the office dwelling which is not subject to privatization, including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices.

2. Action of these rules extends to person to whom the right of non-paid privatization of the office dwelling is compensated (further - the receiver) according to Item 7 of article 55 of the Law of the Republic of Kazakhstan of February 16, 2012 "About military service and the status of the military personnel".

3. The monetary compensation is the money paid to receivers instead of the right of non-paid privatization of the office dwelling which is not subject to privatization, including owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices (further - monetary compensation).

4. Payment of monetary compensation is performed at the expense of the means of the republican budget provided on content of state body.

5. Payment of monetary compensation is made based on the order of the head of republican public institution of Armed Forces, other troops and military forming of the Republic of Kazakhstan on which balance there is office dwelling (further - public institution) occupied by the receiver.

Payment of monetary compensation to receivers of Committee of homeland security of the Republic of Kazakhstan is made based on the order of the head or deputy managers of state body.

2. Payment procedure of monetary compensation

6. Payment of monetary compensation to receivers is made in case of observance of the following conditions:

1) availability of the office dwelling provided to the receiver which is not subject to privatization, including, owing to its arrangement in the closed and isolated military camps, frontier posts and in commandant's offices;

2) the receiver's conditions on military service fifteen years and more in calendar calculation as of January 1, 2013, the office dwelling having the right to privatization are non-paid after twenty years of military service in calendar calculation;

3) absence at the receiver and constantly jointly the members of his family of the dwelling living with it on the property right to the territories of the Republic of Kazakhstan and on the right of permanent use in this settlement of the dwelling from municipal housing stock.

7. The size of monetary compensation is determined by multiplication of quantity constantly jointly of the living members of the family of the receiver, including him, on regulations of the put usable space (18 square meters) and the price of one square meter of sale of new housing on average by the republic for January of the current year according to the data of authorized body in the field of the state statistics published on its official site according to the plan of statistical works.

8. The receiver in accordance with the established procedure submits the official report (statement) addressed to the head of public institution, the receiver of Committee of homeland security of the Republic of Kazakhstan addressed to the head or deputy managers of state body for payment of monetary compensation.

The following documents are attached to the official report (statement):

1) record of service;

2) certificate of family composition;

3) the reference from the duty station;

4) copy of the employment contract of the office dwelling;

5) the reference of territorial authority of justice (about availability or absence at the receiver and constantly jointly the members of the family of the dwelling belonging to them on the property right to the territories of the Republic of Kazakhstan living with it);

5-1) reference of local executive body (about availability or absence at the receiver and constantly jointly the family members living with it in permanent use in this settlement of the dwelling from municipal housing stock);

6) notarized copies of identity documents of the serviceman and members of his family, certificates of birth of children, the conclusion (termination) of scrap, in the presence at the serviceman of family members (not later than 10 days about day of submission of the official report);

7) the certificate of State Healthcare Institution of availability in family of the members suffering from severe forms of some chronic diseases listed in the list of diseases, the approved Government of the Republic of Kazakhstan;

8) the reference from the organization of education on the family members studying on full-time aged up to twenty three years;

9) the certificate of disability from public institution of social protection of the population, in the presence of the handicapped child in family before achievement of age by it eighteen years on group of disability;

10) the certificate of guardianship and custody of the minor from authorized body in the field of protection of the rights of children;

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