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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2013 No. 1271

About approval of Rules of safety of the dwelling of orphan children, children without parental support

(In edition of the Order of the Government of the Republic of Kazakhstan of 26.02.2015 No. 92)

According to Item 2 of article 14-1 of the Law of the Republic of Kazakhstan of August 8, 2002 "About the child's rights in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of safety of the dwelling of orphan children, children without parental support.

2. This resolution becomes effective from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of November 29, 2013 No. 1271

Rules of safety of the dwelling of orphan children, children without parental support

1. General provisions

1. These rules of safety of the dwelling of orphan children, children without parental support, are developed according to Item 2 of article 14-1 of the Law of the Republic of Kazakhstan of August 8, 2002 "About the child's rights in the Republic of Kazakhstan" and determine procedure for safety of the dwelling of orphan children, children without parental support (further - children).

2. Control of safety of the dwelling of children is exercised by local executive bodies (further - bodies).

3. Safety of the dwelling of children to their device under guardianship or custody, on foster education, in the organizations of education, medical and other organizations is provided with bodies.

4. By transfer of children under guardianship or custody, on foster education, in the organization of education, medical and other organizations safety of their dwelling is ensured by legal representatives of children.

5. The dwelling from the state housing stock or the dwelling leased by body in private housing stock remains for children for their stay in the organizations of education, medical and other organizations including providing temporary isolation from society under guardianship or custody, on foster education - before achievement of age of majority by them.

6. Transactions on alienation, including exchange or donation of the dwelling of the children who did not reach fourteen-year age, or the conclusion from their name of the guarantee agreement, transactions on delivery of the dwelling in free use or as a deposit, the transactions attracting refusal of the rights to inheritance belonging to them under the law, the will, the Section of their dwelling or apportionment of share from it are not allowed.

2. Accounting treatment for the dwelling of orphan children, children without parental support

7. Bodies reveal availability of the dwelling at children and make its accounting according to the legislation of the Republic of Kazakhstan in the field of state registration of the rights to real estate.

8. In identification cases at children of the dwelling bodies constitute:

1) the act of technical, sanitary condition of the dwelling with indication of registered persons, and also persons who are actually living in the surveyed dwelling;

2) the inventory of the property which is in it with indication of distinctive signs of everyone.

9. The inventory and the act are constituted in duplicate:

1) one copy is in body in the territory of which the respective dwelling is located;

2) the second copy is at legal representatives.

3. Procedure for establishment of guardianship over the dwelling of orphan children, children without parental support

10. Bodies within a month since the moment when it became known of need of the device of children under guardianship or custody, on foster education, in the organization of education, medical and other organizations, establish guardianship over the dwelling of children.

11. Guardianship over the dwelling is established by decision of body about purpose of guardianship over the dwelling of the children after performing procedures established by Section 2 of these rules.

12. Bodies since the moment when it became known of need of the device of children under guardianship or custody, on foster education, in the organizations of education, medical and other organizations without delay send security letters to territorial authorities of justice about transactions prohibition in the cases established in Item 6 of these rules.

4. Procedure for letting (lease) for the dwelling of orphan children, children without parental support

13. Legal representatives of children with the consent of the body performing functions on guardianship or custody can rent (lease) the dwelling of children based on the standard agreement approved by the Government of the Republic of Kazakhstan.

14. For receipt of consent to letting (lease) in the body performing functions on guardianship or custody, legal representatives submit the following documents:

1) the statement on receipt of permission of letting (lease) of the dwelling of children which is drawn up in any form;

2) the reference consent of the minor child having the property right to the dwelling or right to use by the dwelling, who reached the 10th summer age;

3) copies of documents: the proving identity of the legal representative and children; about the device of children under guardianship or custody, on foster education, or in the organizations of education, medical and other organizations;

4) copies of documents of title on the dwelling.

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