ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 26, 2013 No. 838

About approval of Rules of withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges in case of release of the judge from position for negative motives

According to the subitem 4) of article 6 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges in case of release of the judge from position for negative motives.

3. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of August 26, 2013 No. 838

Rules of withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges in case of release of the judge from position for negative motives

1. These rules of withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges in case of release of the judge from position for negative motives, (further - Rules) are developed according to the subitem 4) of article 6 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" and determine procedure for withdrawal and budget contribution of the amounts of the compulsory pension contributions which are in addition established for judges in case of release of the judge from position by negative motives.

2. In case of release of the judge from position for negative motives authorized body on organizational and to material logistics of activities of the Supreme Court of the Republic of Kazakhstan, local and other courts or territorial subdivisions in areas, the capital and the cities of republican value (further - the agent) within five working days after signing of the Presidential decree of the Republic of Kazakhstan or adoption of the resolution of the Senate of Parliament of the Republic of Kazakhstan on release of the judge from position for negative motives address to The Government for Citizens State corporation (further – the State corporation) with the statement on withdrawal of the amounts of the compulsory pension contributions which are in addition listed till January 1, 2016 from the monthly income of the judge at the expense of means of the republican budget (further - the statement) according to appendix 1 to these rules.

The list of the judges dismissed for negative motives (further - the list), according to appendix 2 to these rules is enclosed to the application.

The list contains the following data on each physical person:

1) individual identification number;

2) surname, name, middle name (in case of its availability);

3) birth date;

4) floor;

5) document number, proving the identity, data on the state body which issued it date of issue;

6) the amount of the compulsory pension contributions which are in addition listed from the monthly income of the judge at the expense of means of the republican budget, subject to withdrawal in the budget (further - the amounts of compulsory pension contributions). In case of change of surname, name, middle name (in case of its availability), former surname, name, middle name (are entered in case of its availability).

3. Are specified in the statement:

1) the name and the agent's details (business and identification number (further - BIN), registration taxpayer number - on payments till January 1, 2013;

2) bank identification code (further - BIC);

3) individual identification code (further - IIK);

4) details of payment documents (number, date and amount).

The application is signed:

1) concerning the Chairman of the Supreme Court of the Republic of Kazakhstan, chairmen of judicial boards and judges of the Supreme Court of the Republic of Kazakhstan - The head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan);

2) concerning chairmen, chairmen of judicial boards and judges of local and other courts - heads of territorial subdivisions (offices of courts) in areas, the capital and the city of republican value, and also the chief accountant are also assured by official stamp. If the position of the chief accountant is not provided, in the statement on withdrawal the corresponding mark becomes.

4. Based on the received documents for withdrawal of the amounts of compulsory pension contributions the State corporation within five working days creates the electronic request for withdrawal of the single accumulation pension fund of the specified amounts with assignment of number and date by it.

In the electronic request are specified:

1) the investor's details specified in part three of Item 2 of these rules;

2) number and date of the request;

3) amount of compulsory pension contributions.

The electronic request by means of the financial automated system of transport of information goes to the single accumulation pension fund.

5. The single accumulation pension fund within five working days from the date of obtaining from the State corporation of the electronic request for withdrawal of the amounts of compulsory pension contributions performs transfer of the amounts of compulsory pension contributions with indication of number and date of the request of the State corporation.

Transfer of the amounts of compulsory pension contributions by the single accumulation pension fund is made by the payment order with application of the list on the bank account of the State corporation.

6. The state corporation within three working days from the date of receipt from the single accumulation pension fund of the amounts of compulsory pension contributions makes their transfer to the agent according to the details specified in the statement.

7. Transfer by the agent of the amounts of the compulsory pension contributions which are in addition established for judges till January 1, 2016 in case of release of the judge from position for negative motives, in the budget is performed according to the procedure, established by the budget legislation of the Republic of Kazakhstan.

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