ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2014 No. 372

About approval of the list of types of the salary and (or) other income from which advance payment of maintenance on content of minor children is made

According to article 140 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family", PRIKAZYVAYU:

1. Approve the enclosed list of types of the salary and (or) other income from which advance payment of maintenance on content of minor children is made.

2. To impose control of execution of this order on the Deputy minister of justice Abd_rayy B. Zh.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of December 24, 2014, No. 372

The list of types of the salary and (or) other income from which advance payment of maintenance on content of minor children is made

1. Advance payment of maintenance on content of minor children is made from all types of the salary (the monetary reward, content) and other income which is gained by parents in cash (national and (or) foreign currency), except for the income of persons specified in Item 2 of this list including:

1) from the salary added to workers for actually worked time or for the performed work proceeding from the established official pay rates (rates) provided by wages system;

2) from all types of the surcharges and allowances provided by wages system and also from the allowances received for the account of economy of means within the salary fund, or the means provided on content of the relevant organization;

3) from awards (monetary rewards) provided by wages system;

4) from all compensation payments, except for payments:

provided by the subitem 7) of article 98 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" of April 2, 2010;

131 Labor code of the Republic of Kazakhstan provided by Articles 127, of 128, of 129, of 130, of November 23, 2015;

5) from the salary kept during leave and also from monetary compensation for unused leave, in case of connection of leaves for several years;

6) from commission fee (insurance agents, brokers);

7) from income gained for the performed works, the provided services in the agreements signed according to the civil legislation and which do not have one-time character;

8) from payments of award;

9) from all types of retirement benefits, from the public social benefits, except for benefits, the stipulated in Article 98 Laws of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives", from the amounts of the address public assistance;

10) from the grants paid to students in the organizations of education;

11) from the income from occupations business activity without formation of legal entity;

12) from the income from leasing of property;

13) from the income on securities and other income from participation in property management of the legal entity;

14) provided by the subitem 1) of article 13 of the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site" and the subitem 2) of Item 1 of article 13 of the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to ecological disaster in Priaralye".

2. Advance payment of maintenance from military personnel, the staff of law enforcement and special state bodies is made from the following payment types received by them in connection with execution of service duties:

1) from official pay rates, from salaries on military, special rank, surcharges for special ranks or class ranks and the allowances for special conditions of service established by the legislation of the Republic of Kazakhstan;

2) provided by the subitem 1) of article 13 of the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site" and the subitem 2) of Item 1 of article 13 of the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to ecological disaster in Priaralye";

3) from the awards (monetary rewards) having permanent and one-time character, provided by payment system pile and received for the account of economy of the means provided on content of relevant organ;

4) from the amounts of the allowances and surcharges received for the account of economy of the means provided on content of relevant organ;

5) from all types of compensation payments, except for:

the immediate compensation paid in case of receipt of mutilation by it;

compensation payments for work in harmful or extreme conditions;

the sum of money paid to victims of ecological impact in case of mitigation of consequences of emergency situations of natural and technogenic nature;

target compensation for employment (lease) of the dwelling;

the monetary compensations 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;

the sum of money paid in cost recovery on treatment within the guaranteed amount of free medical care;

the sum of money paid in cost recovery on the drive on transport on the territory of the Republic of Kazakhstan when moving on service, dismissal from military service when following on hospitalization and back, and also on transportation to ten tons of own property when moving on service and dismissal from military service;

money of the amount paid in cost recovery on mailings;

the sum of money paid in cost recovery on training;

new start allowances in case of the office movement connected with moving from one settlement to another;

compensation payments to the workers sent to business trips;

the monetary compensations paid for payment of utilities expenses;

the compensation payments connected with compensation by the serviceman, to the staff of law enforcement and special state bodies of the costs incurred by them in connection with execution of service duties.

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