ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 26, 2022 No. 850

About modification and amendments in some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of October 26, 2022 No. 850

Changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan

1. In the order of the Government of the Republic of Kazakhstan of July 26, 2002 No. 833 "Some questions of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases":

state preamble in the following edition:

"According to the Civil code of the Republic of Kazakhstan (General part), the Civil code of the Republic of Kazakhstan (Special part), the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), the Penitentiary code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives", "About notariate", "About state regulation of production and turnover of ethyl alcohol and alcoholic products", "About state-owned property" and "About precious metals and gemstones" the Government of the Republic of Kazakhstan DECIDES:";

in the Rules of accounting, storage, assessment and further use of the property turned (arrived) in property state on the separate bases, approved by the specified resolution:

to state part one of Item 16 in the following edition:

"16. The decision on further use of property (transfer to structure of republican or utility property, including voluntary conveyance to orphanages, medico-social organizations (organizations) for aged and persons with disability, kindergartens, schools, medico-social organizations or to the subjects providing special social services, realization or destruction) is accepted by authorized body or local executive body.";

state Item 17 in the following edition:

"17. Further use of property (transfer to structure of republican or utility property, including voluntary conveyance to orphanages, medico-social organizations (organizations) for aged and persons with disability, kindergartens, schools, medico-social organizations or to the subjects providing special social services, realization or destruction) is performed according to the procedure, established by authorized body on management of state-owned property.";

the second Item 29 to state part in the following edition:

"The property which is not realized at the minimum price established by the commission, suitable for use is donated in orphanages, medico-social organizations (organizations) for aged and persons with disability, kindergartens, schools, medico-social organizations or to the subjects providing special social services (further – subjects of social services).".

2. In the order of the Government of the Republic of Kazakhstan of January 23, 2003 No. 82 "About approval of Rules of payment of monetary compensations to the victims of mass political repressions":

In heading change is made to the text in Kazakh, the text in Russian does not change;

in Rules of payment of monetary compensations to the victims of the mass political repressions approved by the specified resolution:

3) of Item 2 to state the subitem in the following edition:

"3) the document confirming the right to monetary compensation (the certificate of rehabilitation from bodies of prosecutor's office or judicial authorities, with indication of the period of stay in the places specified in article 22 of the Law).

For children of the victims of mass political repressions in addition – the certificate of birth or the statement from assembly record about state registration of the birth, the certificate of rehabilitation of one of parents from bodies of prosecutor's office or judicial authorities, with indication of the period of stay in the places specified in article 22 of the Law.

At the place of residence the authorized organization for payment of monetary compensation receives data on identity documents, on registration from the corresponding state information systems through lock of "the electronic government".".

3. In the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310 "Some questions of the Ministry of Agriculture of the Republic of Kazakhstan":

in Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the specified resolution:

432) of Item 15 to state the subitem in the following edition:

"432) is provided by advanced training of workers in the field of rendering the state services, communication with persons with disability;".

4. In the order of the Government of the Republic of Kazakhstan of June 22, 2005 No. 607 "Questions of the Ministry of Internal Affairs of the Republic of Kazakhstan":

in Regulations on the Ministry of Internal Affairs of the Republic of Kazakhstan approved by the specified resolution:

211) of Item 15 to state the subitem in the following edition:

"211) will coordinate the regulating, project and technical documentation on designing, construction, repair, content and management of roads to parts of safety of traffic taking into account needs of persons with disability for the purpose of ensuring equal access with it;".

5. In the order of the Government of the Republic of Kazakhstan of December 21, 2005 No. 1266 "About creation of Coordination council in the field of social protection of disabled people":

state heading in the following edition:

"About creation of Coordination council in the field of social protection of persons with disability";

state preamble in the following edition:

"According to article 6 of the Law of the Republic of Kazakhstan "About social protection of persons with disability in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:";

state Item 1 in the following edition:

"1. Create Coordination council in the field of social protection of persons with disability (further – Coordination council).";

in Regulations on the Coordination council in the field of social protection of disabled people approved by the specified resolution:

state heading in the following edition:

"Regulations on Coordination council in the field of social protection of persons with disability";

state Items 1 and 2 in the following edition:

"1. The coordination council in the field of social protection of persons with disability (further – Coordination council) is advisory advisory body under the Government of the Republic of Kazakhstan.

2. The purpose of activities of Coordination council is development of offers on coordination of activities of the central and local executive bodies, the organizations, public associations of persons with disability concerning realization of the rights of persons with disability, creations of equal opportunities by it for life activity and integration into society.";

state Item 6 in the following edition:

"6. The main objective of Coordination council is development of offers on:

1) to ensuring accomplishment of the obligations provided by the Convention on the rights of disabled people ratified by the Law of the Republic of Kazakhstan "About ratification of the Convention on the rights of disabled people";

2) to enhancement of state policy, legislative and other regulatory legal acts in the field of social protection of persons with disability;

3) coordination of activities of the central and local executive bodies, ensuring interaction with the international and other organizations, public associations of persons with disability concerning social protection and realization of the rights of persons with disability.";

as a part of Coordination council in the field of social protection of disabled people, approved by the specified resolution:

state heading in the following edition:

"Structure of Coordination council in the field of social protection of persons with disability";

state the line "vice-Minister of Education and Science of the Republic of Kazakhstan" in the following edition:

"vice-minister of education of the Republic of Kazakhstan

vice-minister of science and the higher education of the Republic of Kazakhstan".

6. In the order of the Government of the Republic of Kazakhstan of November 8, 2007 No. 1061 "About approval of Rules of transportation of passengers and baggage by road transport in the capital":

state preamble in the following edition:

"According to article 6 of the Law of the Republic of Kazakhstan "About the status of the capital of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:";

in the Rules of transportation of passengers and baggage by road transport in the capital approved by the specified resolution:

state Item 17 in the following edition:

"17. Places for persons with disability, pensioners, expectant mothers and passengers with children of preschool age are provided in front part of insides of the buses used in case of regular motor transportations of passengers and baggage. Near these places the information display specifying their purpose is located.";

state Items 84 and 85 in the following edition:

"84. Only persons with disability have the landing right through back door of the bus.

85. Persons with disability, pensioners, expectant mothers, passengers with children of preschool age have the right of extraordinary landing.";

in appendix to Rules of transportations of passengers and baggage by road transport in the capital:

2 lines, sequence number 5, to state the column in the following edition:

"Options of implementation of the announcement of stops:

in case of the 100 percentage equipment of transport units informants;

by means of the automated voice device;

appears the conductor or the driver;

availability of the railway vehicles adapted for transportation of persons with disability using wheelchairs.";

state the line "At the Discretion of the Commissions Can Be Brought in the Column 9 "The Additional Offers Improving Conditions of Transportation of Passengers" Additional Criteria (System of the Organization and Implementation of Sink and Cleaning of Railway Vehicles, Communication System with Dispatching Service, Ensuring Pretrip Engineering Supervision of Buses, Rate for Journey) with Assessment to 6 Points or Additional Proposals of Carriers on Services Along the Line with Assessment on 1 Point Are Considered." in the following edition:

"At the discretion of the commission in the announcement of carrying out tender 2 lines, sequence number 9, "The additional offers improving conditions of transportation of passengers" are introduced in the column additional criteria (the automated sink of body of railway vehicles, buses with electric motors, buses with the engines using natural gas) with assessment to 3 points.".

7. In the order of the Government of the Republic of Kazakhstan of January 23, 2008 No. 58 "About approval of Rules of award of the educational grant for payment of the higher or postgraduate education with award of degree "bachelor" or "master":

in the Rules of award of the educational grant for payment of the higher or postgraduate education with award of degree "bachelor" or "master" approved by the specified resolution:

state Item 9 in the following edition:

"9. The citizens having disability of the first and second groups, children with disability and also persons with disability since the childhood represent to selection committee of OVPO and (or) through information system the medical certificate about lack of contraindications for training in the chosen group of educational programs.";

5) to state the subitem to part one of Item 13 in the following edition:

"5) orphan children and children without parental support, and also the citizens of the Republic of Kazakhstan from among youth who lost or without parental support to age of majority, person with disability of the first and second groups, combat veterans in the territory of other states, the veterans equated on privileges to veterans of the Great Patriotic War, person with disability since the childhood, children with disability to whom according to the medical certificate training in the relevant organizations of education, and persons having education documents (certificates, certificates, diplomas) with honors is not contraindicated.";

to state part one of Item 15 in the following edition:

"15. Tender for persons of the Kazakh nationality who are not citizens of the Republic of Kazakhstan, orphan children and children without parental support, and also the citizens of the Republic of Kazakhstan from among youth who lost or without parental support to age of majority, persons with disability of the first and second groups, combat veterans in the territory of other states, the veterans equated on privileges to veterans of the Great Patriotic War, persons with disability since the childhood, children with disability to whom according to the medical certificate training in the chosen group of educational programs, children from families in which four and more minor children, children from among the incomplete families having this status at least three years, children from the families raising children with disability since the childhood, persons with disability of the first and second groups are brought up is not contraindicated it is carried out on the approved quotas from the total amount of the approved state educational order among the specified categories.".

8. In the order of the Government of the Republic of Kazakhstan of September 18, 2008 No. 860 "About approval of Rules of provision of premises, compensations of material damage, provision of necessary assistance to the physical persons injured with the circumstances which formed the basis for introduction of emergency state":

state preamble in the following edition:

"For the purpose of implementation of the Law of the Republic of Kazakhstan "About emergency state" the Government of the Republic of Kazakhstan DECIDES:";

in Rules of provision of premises, compensations of material damage, provision of necessary assistance to the physical persons injured with the circumstances which formed the basis for introduction of emergency state, approved by the specified resolution:

to state part one of Item 6 in annex 2 in the following edition:

"6. The vehicles which are specially intended for movement of persons with disability.";

to state Item 6 in annex 4 in the following edition:

"6. Transportation:

the fuel intended for cooking and heating of premises of family of the victim;

the vehicle which is specially intended for movement of persons with disability.".

9. In the order of the Government of the Republic of Kazakhstan of February 17, 2009 No. 178 "About approval of the Agreement on interaction between the Ministry of Education and Science of the Republic of Kazakhstan, the Ministry of Health of the Republic of Kazakhstan and joint-stock company "National welfare fund "Samruk-Kazyna":

in the Agreement on interaction between the Ministry of Education and Science of the Republic of Kazakhstan, the Ministry of Health of the Republic of Kazakhstan and joint-stock company "National welfare fund "Samruk-Kazyna", approved by the specified resolution:

state Item 5 in the following edition:

"5. The loans are granted to the students meeting the following requirements:

1) progress of the student (criteria are determined by the Ministry of Education and Science of the Republic of Kazakhstan);

2) social status:

orphan students and without parental support;

the students who are persons with disability;

students whose parents are persons with disability;

students from large, needy or incomplete family;

students whose parents reached retirement age;

other students determined by the Ministry of Education and Science of the Republic of Kazakhstan.".

10. In the order of the Government of the Republic of Kazakhstan of March 14, 2009 No. 330 "About approval of the list of the guaranteed amount of special social services":

state preamble in the following edition:

"According to the subitem 2) of article 7 of the Law of the Republic of Kazakhstan "About special social services" the Government of the Republic of Kazakhstan DECIDES:";

to be reworded as follows the list of the guaranteed amount of special social services approved by the specified resolution according to appendix 1 to these changes and additions which are made to some decisions of the Government.

11. In the order of the Government of the Republic of Kazakhstan of May 25, 2011 No. 571 "About approval of Rules of implementation of the public assistance in type of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life and health of workers by the legal entities liquidated owing to bankruptcy":

state preamble in the following edition:

"According to item 4 of Article 945 of the Civil code of the Republic of Kazakhstan (Special part) the Government of the Republic of Kazakhstan DECIDES:";

in Rules of implementation of the public assistance in type of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life and health of the workers the legal entities liquidated owing to bankruptcy approved by the specified resolution:

3) of Item 3 to state the subitem in the following edition:

"3) the court resolution (acts) confirming (confirming) the right to the capitalized amounts, containing (containing) data on the capitalization period, the amount of the capitalized payments on indemnification:

in case of receipt of the amounts of the capitalized payments from the state – the decision (the resolution, determination) on assignment of responsibility which took legal effect on payment of the capitalized payments on account of indemnification on the state;

in case of receipt of the amounts of the capitalized payments for the account of property of the liquidated legal entity – determination (decision) on completion of bankruptcy proceedings with approval of the final report of the receiver which materials contain disaggregation on each creditor of the first priority.

The right to the capitalized amounts can be also confirmed by the archive document of court or Public Records Office containing data on the capitalization period, the amount of the capitalized payments on indemnification.

Depending on the status of injured person:

in case of indemnification, the health caused by damage, – the certificate of extent of loss of professional working capacity in the form approved by authorized body in the field of social protection;

in case of indemnification to persons with disability which suffered damage as a result of the death of the worker by whom according to Item 3 of Article 940 of the Civil code of the Republic of Kazakhstan harm is compensated for the term of disability – data on disability establishment to the applicant are requested from the automated information system "Centralized Databank of Persons Having Disability" (further – AIS "TsBDI").

In the absence of data from AIS TsBDI the copy of the certificate of disability or extent of loss of professional working capacity is enclosed to the application.

In case of availability of data on establishment of extent of loss of professional working capacity or disability in the court resolution or the archive document confirming the right to the capitalized amounts, submission of the separate reference is not required.

For purpose of the public assistance in type of monthly payments to incapacitated, the statement is limited to the capable or needing guardianship or custody persons and necessary documents are filed by their legal representatives.

The application for purpose of the public assistance in type of monthly payments by the third parties is submitted by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil code.".

12. In the order of the Government of the Republic of Kazakhstan of December 1, 2011 No. 1420 "About approval of Rules of provision and use of the dwelling from the state housing stock or the dwelling leased by local executive body in private housing stock":

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