LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 15, 2022 No. 114-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning military service and the housing relations of staff of special state bodies and the military personnel

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

1. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations":

1) in Article 2:

subitems 7-1) and 28) to state in the following edition:

"7-1) personal special account - the current bank account opened by receivers of housing payments in bank of the second level for transfer of housing payments and implementation of payments on the established purposes;";

"28) the dwelling - the separate residential unit (the individual apartment house, the apartment, the room in the hostel, the modular (mobile) apartment house) intended and used for permanent residence, answering to the established construction, sanitary, environmental, fire protection and other obligatory standards and rules.

The modular (mobile) apartment house is understood as the object intended and used for accommodation of staff of special state bodies, the military personnel and members of their families, located in the closed and isolated military camps, boundary departments and other closed objects;";

subitem 44-3) after the words "and military personnel" to add with the words "and also members of families of the specified employees and the military personnel, the died (dead) in case of service";

2) the offer second of Item 2-1 of Article 3 to exclude;

3) in Article 13:

add Item 1 with part three of the following content:

"The circle of members of families of staff of special state bodies, law-enforcement bodies, operational investigative divisions of authorized body on anti-corruption or the military personnel, including dismissed from service, is determined according to article 101-10 of this Law.";

in item 4 of the word "on the bases, stipulated in Item 2" shall be replaced with words "on the basis, stipulated in Item 2 or 2-1";

in Item 7 part one:

5) after the word "territories" to add the subitem with the words "closed and isolated";

9) to exclude the subitem;

7) and 7-1) Items 8 to state subitems in the following edition:

"7) military personnel, the staff of special state bodies, and also persons dismissed from military service or from service in special state bodies on reaching age limit of condition on service, for health reasons or in connection with staff reduction:

twenty years having period of service and more in calendar calculation;

ten years having period of service and more in calendar calculation and containing dependent on the handicapped child (handicapped children), including the disabled person (disabled people) since the childhood irrespective of its age.

In case of death (death) of the person dismissed from military service or from service in special state bodies, specified into parts one of this subitem which was granted the dwelling the right to its non-paid privatization passes to members of the family of the died (dead);

7-1) members of the family of the serviceman, the employee of special state body, law-enforcement body, the died (dead) in case of service, irrespective of length of service, except the died (dead) as a result of suicide (except as specified bringing to suicide), making of criminal offense, not medical use of the substances causing condition of alcoholic, drug, psychotropic, inhalant intoxication (their analogs);";

add Item 10 with the subitem 4) of the following content:

"4) the housing payments provided by part one of Item 6 of Article 101-1, part one of Item 6 of Article 101-2, part one of Item 2 of article 101-9 of this Law received monetary compensation instead of the right of non-paid privatization or fulfilled obligations with use of the housing payments for the agreement signed for the purpose of, provided by subitems 1), 3), 4), 5) and 7) of article 101-5 of this Law and also for payment of lease of the dwelling with the subsequent redemption.";

Item of 3-3statya 67 to state 4) in the following edition:

"3-3. Office dwellings of housing stock of public institutions of bodies of homeland security and law-enforcement bodies in this settlement, not privatizeable, are provided for service (employment relationships) to the faces recognized needing the dwelling and consisting respectively in personnel of bodies of homeland security and law-enforcement bodies.";

"Article 98-1" shall be replaced with words 5) in Item 1 of Article 74 of the word "Articles 98-1 and 98-2";

6) in part one of Article of the 96th figure", 101-1, 101-2" to exclude;

To add 7) with Article 98-2 of the following content:

"Article 98-2. Legal regime of dwellings from utility housing stock

1. The citizen of the Republic of Kazakhstan living in the dwelling of the state housing stock put into operation during the period till 1990, belonging to the state company which changed pattern of ownership, having the right to privatize the dwelling occupied by him according to the procedure established by this Law.

2. The dwelling specified in Item 1 of this Article, transferred to the utility possession is provided to the employer living in it who has the right to privatize it on residual cost according to the procedure, determined by the Government of the Republic of Kazakhstan.

3. In case of the death of the employer the right of privatization of this dwelling passes to members of the family of the died (dead).

4. Privatization of the dwelling by the employer of the dwelling from utility housing stock is made with the consent of full age family members and taking into account the rights of minors.

5. Privatization of the dwelling is drawn up by the agreement on privatization of the dwelling signed between the employer (his heir) and local executive body.";

To state item 4 of Article 101 in the following edition:

"4. The military personnel or the staff of special state bodies having period of service ten years and more in calendar calculation, and also persons dismissed from military service or from service in special state bodies on reaching age limit of condition on service, for health reasons or in connection with staff reduction, having the right to privatize the dwellings occupied by them on residual cost, equated to office.

The military personnel, staff of special state bodies, and also the persons dismissed from military service or from service in special state bodies on reaching age limit of condition on service, for health reasons or in connection with staff reduction, having period of service twenty years and more in calendar calculation, having the right to privatize the dwellings occupied by them, equated to office, gratuitously.

In case of death (death) of the person dismissed from military service or from service in special state bodies, specified in parts one and the second this Item to which the dwelling equated to office was provided the right of privatization passes to members of the family of the died (dead).";

9) in Article 101-1:

in Item 1:

state part one in the following edition:

"1. Realization of the right to housing by the staff of special state bodies (except for cadets and students of military, special educational institutions) and the staff of operational investigative divisions of authorized body on anti-corruption is performed from the date of recognition by their persons in need in the dwelling in the procedure established by this Chapter by provision of the office dwelling or transfer to their personal special account of housing payments if other is not provided by parts two and third this Item.";

add with parts two and third the following content:

"In the cases provided by Items 7 and 8 of this Article, the realization of the right to housing is enabled by provision of the office dwelling and transfer to the corresponding personal special account of housing payments.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info