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LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 19, 2015 No. 314-V ZRK

About the minimum social standards and their guarantees

(as amended on 24-11-2021)

This Law governs the public relations arising in system of the minimum social standards.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the social rights - the rights guaranteed by the state in the social sphere affirmed in the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan;

2) social guarantees - the obligations of the state provided by the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan directed to realization of the social rights;

3) the minimum social standard - the minimum amount of the services, money payments and other requirements established by the laws of the Republic of Kazakhstan, providing realization of social guarantees and social rights;

4) system of the minimum social standards - set of 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;

5) regulations - quantitative and high-quality requirements to providing the minimum social standards;

6) standard rates - the set parameters of sizes used for determination of the amounts of financing of the minimum social standards;

7) authorized bodies - the central state bodies of the Republic of Kazakhstan performing within the competence management in system of the minimum social standards.

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations arising in system of the minimum social standards according to this Law.

2. Operation of this Law does not extend to documents on the standardization determined by the legislation of the Republic of Kazakhstan in the sphere of standardization and also accounting standards.

Article 3. Legislation of the Republic of Kazakhstan on the minimum social standards and their guarantees

1. The legislation of the Republic of Kazakhstan on the minimum social standards and their guarantees is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

3. Provisions of this Law are basic for development and acceptance of the regulatory legal acts establishing precepts of law in system of the minimum social standards.

Article 4. Purposes and tasks of this Law

1. The purposes of this Law are:

1) realization of the social rights and social guarantees;

2) realization of state policy in system of the minimum social standards;

3) determination of the principles in system of the minimum social standards.

2. Tasks of this Law are:

1) normative ensuring forming and use of the budgetary funds and other sources which are not forbidden by the legislation of the Republic of Kazakhstan on social needs;

2) ensuring the state support of development of the social sphere;

3) assessment of level of living of the population.

Article 5. The principles in system of the minimum social standards

The minimum social standards are based on the following principles:

1) legality;

2) availability;

3) observance of the social rights;

4) justification of the minimum social standards proceeding from economic opportunities, material and technical resources, scientific and technical capacity of the state;

5) publicity and informing the population on the minimum social standards for the purpose of providing feedback with the population;

6) transparencies of budget financing of expenses on providing the minimum social standards;

7) target and address financing of the minimum social standards;

8) the state control of compliance with law of the Republic of Kazakhstan about the minimum social standards and their guarantees;

9) social partnership.

Article 6. Rights to providing with the minimum social standards

1. Citizens have the right on:

1) access to the minimum social standards according to the legislation of the Republic of Kazakhstan;

2) receipt of complete and reliable information about the minimum social standards;

3) requirement of observance of the minimum social standards;

4) appeal of decisions of the physical persons and legal entities obliged to provide observance of the minimum social standards;

5) appeal to the court with the claim for protection of the violated rights, freedoms and legitimate interests in spheres of the minimum social standards.

2. The minimum social standards provide citizens of the Republic of Kazakhstan.

Foreigners and stateless persons are provided with the minimum social standards established for citizens if other is not provided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

Article 7. Financial provision of the minimum social standards

1. The central and local executive bodies, and also other state organizations within the powers assigned to them the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan shall provide observance of the minimum social standards at the expense of budgetary funds.

2. Physical persons and legal entities according to the legislation of the Republic of Kazakhstan shall provide observance of the minimum social standards at the expense of own means and other sources which are not contradicting the legislation of the Republic of Kazakhstan.

Chapter 2. State regulation in system of the minimum social standards

Article 8. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in system of the minimum social standards and will organize its implementation;

2) is provided by functioning and development of system of the minimum social standards;

3) it is excluded

4) performs other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 9. Competence of authorized bodies

Authorized bodies within the competence:

1) provide realization of state policy in system of the minimum social standards;

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