LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2017 No. 88-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the State educational accumulative system

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 99, 100, 101; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 119; No. 21-I, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 136, 137; No. 22-I, Art. 140, 143; No. 22-II, Art. 144, 145; No. 22-III, Art. 149; No. 22-V, Art. 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 169; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 53, 55, 57; No. 8-I, Art. 62; No. 8-II, Art. 66, 72; No. 12, Art. 87; No. 22, Art. 116; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 22; No. 10, Art. 23; The Law of the Republic of Kazakhstan of June 15, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning plant and animal life", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 19, 2017):

1) in the paragraph the second the subitem 32) of Item 3 of Article 155 of the word "to education and training, on" shall be replaced with words "to education and training, average";

Subitem part one 1) to state 2) to part one of Article 581 in the following edition:

"1) when opening bank accounts to the taxpayer - the legal entity, including the nonresident, to its structural divisions, the physical person staying on the registration registry as the individual entrepreneur, the private notary, the private legal executive, the lawyer, professional mediator, to the foreigner and the stateless person except the bank accounts intended for storage of pension assets of the single accumulation pension fund and the Voluntary accumulation pension funds, assets of fund of social medical insurance, assets of the State Social Insurance Fund, assets, which are ensuring bond issue of special finance company, and assets of investment fund, savings accounts of legal nonresident persons, foreigners and stateless persons, correspondent accounts of foreign corresponding banks, the bank accounts intended for receipt of benefits and social payments paid from the government budget and (or) the State Social Insurance Fund, current accounts intended for transfer of money on the terms of the deposit of the notary, escrow accounts, bank accounts under the agreement on educational accumulation deposit signed according to the Law of the Republic of Kazakhstan "About the State educational accumulative system" or change at the bank account of individual identification code in connection with reorganization of bank to notify authorized body on opening or change of the specified accounts by means of transfer through the networks of telecommunications providing the guaranteed delivery of messages no later than one working day following behind day of their opening or change with indication of identification number.".

2. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 15-I, 15-II, Art. 88; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16):

the seventh Article 161 to state part in the following edition:

"7. It cannot be seized the property which is necessities and other objects which list is determined by the legislation of the Republic of Kazakhstan.

Are not allowed establishment of temporary restriction on the order by property, restrictions for transactions and other transactions with property, seizure of the money which is on the bank accounts intended for transfer of the benefits and social payments paid from the government budget and (or) the State Social Insurance Fund, housing payments on the money placed on the terms of the deposit of the notary, which are on bank accounts under the contract on educational accumulation deposit signed according to the Law of the Republic of Kazakhstan "About the State educational accumulative system" and also for money of the banks, insurance (reinsurance) organizations, the Voluntary accumulation pension funds deprived by authorized state body of the license and (or) which are in process of involuntary liquidation.".

3. In the Law of the Republic of Kazakhstan of July 27, 2007 "About education" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 20, Art. 151; 2008, No. 23, Art. 124; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 21; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 128; No. 18, Art. 142; 2012, No. 2, Art. 11; No. 4, Art. 32; No. 15, Art. 97; 2013, No. 2, Art. 7; No. 7, Art. 34; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 81; 2014, No. 1, Art. 4, 6; No. 3, Art. 21; No. 10, Art. 52; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 10, Art. 50; No. 14, Art. 72; No. 20-IV, Art. 113; No. 21-III, Art. 135; No. 22-I, Art. 140; No. 22-V, Art. 156, 158; No. 23-II, Art. 170, 172; 2016, No. 8-II, Art. 67; No. 23, Art. 119; 2017, No. 8, Art. 16; No. 9, Art. 17, 18):

1) in Article 1:

state subitems 21-1), 21-2), 21-3) and 21-4) in the following edition:

"21-1) per capita standard rates of financing - the standard rate of financial provision of the guaranteed state training cost at all education levels;

21-2) highest colleges - the educational institution realizing the integrated modular educational programs of technical and professional, postsecondary education;

21-3) research universities - the higher educational institution realizing the development program approved by the Government of the Republic of Kazakhstan for five years and independently developed educational programs of the higher and postgraduate education for wide range of the directions of preparation (specialties), using results of basic and applied scientific research for generation and transfer of new knowledge;

21-4) persons (children) with special educational needs are persons who experience the permanent or temporary difficulties in education caused by health, needing special, general education training programs and educational programs of additional education;";

add with subitem 21-5) of the following content:

"21-5) inclusive educations - the process providing equal access to education for all students taking into account special educational needs and individual opportunities;";

in the subitem 45) words "to education and training, on" shall be replaced with words "to education and training, secondary education,";

2) in Article 5 part one:

the subitem 43) to add with words ", secondary education";

state subitems 46-1) and 46-2) in the following edition:

"46-1) will organize development and approves techniques of per capita normative financing of preschool education and training, secondary, technical and professional, postsecondary, higher and postgraduate education;

46-2) will organize development and approves rules of per capita normative financing of preschool education and training, secondary, technical and professional, postsecondary, higher and postgraduate education;";

exclude subitem 46-15);

add with subitem 46-16) of the following content:

"46-16) approves the state educational order in the republican organizations of secondary education;";

3) in Article 6:

add Item 2 with subitem 8-2) of the following content:

"8-2) approves the state educational order on secondary education;";

in Item 3:

state subitem 7-1) in the following edition:

"7-1) approves the state educational order on preschool education and training, the amount of parent payment;";

add with subitem 7-2) of the following content:

"7-2) approves the state educational order on secondary education;";

in item 4:

state subitem 8-1) in the following edition:

"8-1) approves the state educational order on preschool education and training, the amount of parent payment;";

add with subitem 8-3) of the following content:

"8-3) approves the state educational order on secondary education;";

Article 62 to add 4) with Items 4-1, 4-2 and 6-1 of the following content:

"4-1. The amount of financing of preschool education and training, technical and professional, postsecondary, higher, postgraduate education (except for the departmental organizations of education) is determined by the per capita standard rate of financing.

4-2. Local executive bodies in the presence of possibility of local budgets place the state educational order in the organizations of secondary education regardless of pattern of ownership.

Average cost of expenses on one pupil according to the state educational order in the private organizations of education realizing general education training programs of primary, main secondary and general secondary education cannot be higher than the cost of expenses on one pupil in the state organizations of education realizing general education training programs of primary, main secondary and general secondary education.";

"6-1. The state educational order placed in the organizations of secondary education shall contain the number of pupils and average cost of expenses on one pupil.".

4. In the Law of the Republic of Kazakhstan of January 14, 2013 "About the State educational accumulative system" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 2, Art. 6; No. 9, Art. 51; 2014, No. 19-I, 19-II, Art. 96):

Article 11 to add 1) with Item 8 of the following content:

"8. Establishment of temporary restriction on the order by property, restrictions for transactions and other transactions with property, seizure or the address of collection of the money which are on bank accounts under the agreement of contribution are not allowed.";

2) in Item 3 of Article 13:

state part one in the following edition:

"3. The right to award of the state in the amount of seven annual interest rates of the investors specified in the subitem 1) of Item 2 of this Article is confirmed by the operator annually by receipt of necessary data from authorized body in the field of protection of the rights of children as of January 1 of the year following after year of charge.";

add with part two of the following content:

"The right to award of the state in the amount of seven annual interest rates of the investors specified in the subitem 2) of Item 2 of this Article is confirmed by the operator annually by receipt of necessary data from authorized body in the field of social protection of the population as of January 1 of the year following after year of charge.";

3) in Article 14:

add Item 1 with the subitem 5) of the following content:

"5) detection of the fact of excessively added award of the state.";

add Item 2 with the subitem 3) of the following content:

"3) on the basis provided by the subitem 5) of Item 1 of this Article, the amount of excessively added award of the state.";

The subitem 3) of Item 2 of Article 15 to exclude 4);

5) in Article 17:

state Item 2 in the following edition:

"2. Following the results of accounting year the operator after receipt of necessary data from authorized bodies in the field of social protection of the population, protection of the rights of children and on documentation and issue of passports and certificates of persons till January 15 of the year following reporting represents to authorized body to the fields of education final settlement of awards of the state.";

add with Item 6 of the following content:

"6. Upon completion of financial year in case of identification of the facts resulting in need of additional accrual of award of the state on the previous accounting years, the operator includes the additionally accrued amounts of final settlement of awards of the state on accounting year according to the procedure, stipulated in Item 2 these Articles.".

5. In the Law of the Republic of Kazakhstan of May 19, 2015 "About the minimum social standards and their guarantees" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 10, Art. 49; No. 15, Art. 78; No. 22-I, Art. 143; No. 22-V, Art. 152; 2016, No. 8-II, Art. 67):

1) in the subitem 1) of Article 23 of the word "standard rate of per capita financing" shall be replaced with words "the per capita standard rate of financing";

Article 24 to add 2) with subitem 8-1) of the following content:

"8-1) per capita standard rate of financing of training in the organizations of education realizing general education training programs of primary, main secondary and general secondary education;".

6. In the Law of the Republic of Kazakhstan of July 26, 2016 "About payments and payment systems" (Sheets of Parliament of the Republic of Kazakhstan, 2016, No. 12, Art. 86; No. 23, Art. 119):

5) of Item 7 of Article 46 to add the subitem with words ", and also to the bank account under the agreement on educational accumulation deposit signed according to the Law of the Republic of Kazakhstan "About the State educational accumulative system".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication, except for the subitem 2) of Item 1 of Article 1, which becomes effective since July 2, 2017.

 

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