ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 24, 2018 No. 217

About modification of the order of the Government of the Republic of Kazakhstan of December 28, 2012 No. 1727 "About approval of Rules of determination of the size, appointment, recalculation, implementation and the termination of housing employee benefits of special state bodies of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of December 28, 2012 No. 1727 "About approval of Rules of determination of the size, appointment, recalculation, implementation and the termination of housing employee benefits of special state bodies of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 6, the Art. 137) the following changes:

state heading in the following edition:

"About approval of Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan.";

The rules of determination of the size, appointment, recalculation, implementation and the termination of housing employee benefits of special state bodies of the Republic of Kazakhstan approved by the specified resolution to be reworded as follows according to appendix to this resolution.

2. This resolution becomes effective after ten calendar days after day of its first official publication and extends to the relations which arose since January 1, 2018.

Appendix

to the Order of the Government of the Republic of Kazakhstan of April 24, 2018 No. 217

Approved by the Order of the Government of the Republic of Kazakhstan of December 28, 2012 No. 1727

Rules of calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan (further - Rules) are developed according to Item 1 of article 101-1 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (further - the Law) and determine procedure for calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan.

Action of these rules also extends to the military personnel of Service of the state protection of the Republic of Kazakhstan.

2. In Rules the following basic concepts are used:

1) housing payments - the money differentiated on regions and family composition paid in the form of special cash cover to receivers of housing payments at the expense of budgetary funds instead of provision of the office dwelling and also in the cases provided by Chapter 13-1 of the Law;

2) the current housing payments - the payments performed on monthly basis to the staff of special state bodies (further - employees) recognized needing the dwelling, from registration date of the official report about recognition needing the dwelling and purpose of housing payments, and also the cases provided by Items 7 and 8 of article 101-1 of the Law, and calculated in form according to appendix 1 to these rules;

3) lump housing sum payments - the payments of one-time nature performed in the cases provided by Items 5 and 6 of Article 101-1, and also Item 2 of article 101-9 of the Law, and calculated in form according to appendix 2 to these rules;

4) the personal special account - the current bank account opened by employees in bank of the second level (further - bank) at their choice, for transfer of housing payments and implementation of payments on the purposes, the stipulated in Article 101-5 Laws;

5) the usable space of the dwelling - the amount of the residential and non-residential areas of the dwelling;

6) organizations - public institutions which staff is receivers of housing payments;

7) the housing commission - the commission created by the decision of the head of organization for consideration of questions of employees recognition needing the dwelling, purposes of housing payments and other questions on the housing relations. Regulations on the housing commission and its structure affirm the head of organization taking into account the features provided by these rules;

8) date of employee recognition needing the dwelling for appointment to it housing payments - registration date of the official report with which the employee is recognized needing the dwelling, for purpose of housing payments which is determined by the housing commission;

9) responsible structural division - division of organization to which functions on accounting of the employees recognized needing the dwelling are assigned.

3. The employees receiving them in the cases provided by Chapter 13-1 of the Law treat receivers of housing payments.

The right of employees to acquisition of the dwelling in property by use of housing payments is performed once.

If both spouses are employees and (or) the military personnel, then housing payments are made only to one of them by mutual consent of spouses based on the official report with submission of certificates of the duty station of the spouse (spouse).

4. The basis for appointment to the employee of housing payments is recognition by his person in need in the dwelling according to the procedure, the stipulated in Clause 101-3 Laws, and also in cases, stipulated in Item the 7th article 101-1 of the Law.

5. To the employees who are in additional maternity leaves, to child care in business trip, on study, treatment, housing payments are performed in accordance with general practice.

6. Determination of persons belonging to members of the family of the employee is performed according to article 101-10 of the Law.

7. Accounting of the employees recognized as receivers of housing payments is conducted by responsible structural division of organization.

8. Calculation of the amounts which are subject to payment to receivers of housing payments based on the lists created by responsible structural division of organization is made by financial division of organization.

9. Housing payments have strictly purpose and cannot be used by the employee on the purposes, not the stipulated in Article 101-5 Laws.

10. Housing payments cannot be used by organization, except as on transfer to the personal special account of the receiver of housing payments.

The amounts of housing payments planned, but not used by organization as of December 31 of the current financial year are cancelled.

11. In case of the employee's exception of lists of staff in connection with death or death, its recognition in the procedure established by the legislation of the Republic of Kazakhstan it is unknown absent or the announcement the dead, members of his family, and in case of their absence - heirs have right to use of the housing payments which are on the personal special account to the purposes, the stipulated in Article 101-5 Laws. At the same time the personal special account of such employee is closed after complete use of housing payments.

Closing of the personal special account of the employee is performed according to the procedure, No. 207 provided by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 "About approval of Rules of opening, maintaining and closing of bank accounts of clients".

Chapter 2. Procedure for calculation of the amount of housing payments

12. The amount of the current housing payment is estimated by multiplication of the size of cost of lease of one square meter of well-planned housing in the respective region of the Republic of Kazakhstan in which the employee serves, on the area of the dwelling. The area of the dwelling is determined at the rate of eighteen square meters of the usable space on each family member, including the employee of special state body.

13. The size of cost of lease of one square meter of well-planned housing in the respective region of the Republic of Kazakhstan is determined according to the data of authorized body in the field of the state statistics on condition for January of the current year published on its Internet resource.

The size of cost of lease of one square meter of well-planned housing is established at the beginning of each financial year and is not subject to change and adjustment.

14. In case of lack of statistical data on the settlement, the size of cost of lease of one square meter of well-planned housing is determined by statistical data of the district center, and in case of lack of statistical data in the district center - by statistical data of the regional center.

15. The amount of lump housing sum payment on the basis, stipulated in Item to the 5th article 101-1 of the Law, is estimated by multiplication of the size of cost of lease of one square meter of well-planned housing in the respective region of the Republic of Kazakhstan in which the employee serves, on condition for January of the current year on the area of the dwelling at the rate of eighteen square meters of the usable space on each family member taking into account its change and on the number of months of stay in the status needing the dwelling.

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