ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2015 No. 961

About approval of Rules of payment of the monthly perpetual maintenance to the judge staying in resignation

According to Item 2-1 of article 35 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of payment of the monthly perpetual maintenance to the judge staying in resignation.

2. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 28, 2015 No. 961

Rules of payment of the monthly perpetual maintenance to the judge staying in resignation

1. General provisions

1. These rules of payment of the monthly perpetual maintenance to the judge staying in resignation (further - Rules), are developed according to Item 2-1 of article 35 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" (further - the Constitutional law) and determine payment procedure of the monthly perpetual maintenance to the judge staying in resignation.

2. In these rules the following concepts are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

2) the receiver of the monthly perpetual maintenance - the judge who is staying in resignation, including retired till January 1, 2016 according to Items 1, of 1-1 and 2-1 article 35 of the Constitutional law, reached the retirement age established by the legislation of the Republic of Kazakhstan on social protection, and submitted the application to authorized state body in the sphere of judicial administration, its territorial subdivisions in areas, the capital and the cities of republican value (further - authorized body);

3) the monthly perpetual maintenance - money payments to the judge staying in resignation, according to the procedure, of stipulated in Item 2-1 article 35 of the Constitutional law;

4) authorized body - the state body performing organization-legal, information and analytical and material logistics of activities of the Supreme Court of the Republic of Kazakhstan, local and other courts with territorial subdivisions in areas, the capital and the cities of republican value.

2. Purpose of the monthly perpetual maintenance

3. The judge staying in resignation (further - the applicant), submits to authorized body in the place of the last post the statement for purpose (renewal) of the monthly perpetual maintenance (further - the statement) in form, according to appendix 1 to these rules, with application of documents, the these rules specified in Item 5.

4. The application is submitted to authorized body by the applicant in case of the right provided by the Constitutional law to receipt of the monthly perpetual maintenance.

Filing of application by term is not limited.

5. The following documents are enclosed to the application:

1) copy of the identity document of the applicant;

2) data of the current bank account;

3) the document confirming labor activity of the judge or its notarially attested copy.

6. The statement for purpose (renewal) of the monthly perpetual maintenance is registered authorized body in the magazine of registration and accounting of data on the judge's exit in resignation, the termination of resignation of the judge, suspension and renewal of resignation of the judge (further – register) on paper and electronic carriers in form, according to appendix 2 to these rules.

7. The authorized body creates case on each applicant applying for purpose (renewal) of the monthly perpetual maintenance of the following documents:

1) statements for purpose of the monthly perpetual maintenance;

2) copies of the identity document of the applicant;

3) data on the current bank account;

4) the document confirming resignation of the judge presented by personnel service of authorized body;

5) the document confirming availability of necessary length of service of the judge presented by personnel service of authorized body;

6) the document on the size of the official pay rate on the last post provided by financial service of authorized body;

7) calculation of the charged perpetual maintenance of the judge presented by financial service of authorized body.

8. The authorized body within ten working days from the date of receipt of the statement of the applicant takes out the conclusion about appointment (suspension, renewal) with indication of the size of the monthly perpetual maintenance on the date of filing of application or refusal in purpose of the monthly perpetual maintenance in form, according to appendix 3 to these rules.

The conclusions about refusal in purpose (renewal) of the monthly perpetual maintenance to the applicant are taken out on the bases, stipulated in Item 3 articles 35 of the Constitutional law.

9. The conclusion in writing within three working days is transferred to the head of authorized body for preparation of the order on purpose of the monthly perpetual maintenance or refusal in its appointment.

In case of refusal in purpose of the monthly perpetual maintenance, to the applicant it is reported about it in writing within three working days from the date of signing of the order of authorized body.

10. The authorized body within three working days from the date of signing of the order on purpose of the monthly perpetual maintenance sends the notification to the State corporation on purpose of the monthly perpetual maintenance to the judge staying in resignation (further - the notification), for the termination of the state base retirement benefit and (or) retirement benefits on age, and (or) retirement benefits for long service in form according to appendix 4 to these rules.

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