ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of November 24, 2022 No. 473

About modification and amendments in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 25, 2021 No. 84 "About some questions of rendering the state services in the social and labor sphere"

I ORDER:

1. Bring in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 25, 2021 No. 84 "About some questions of rendering the state services in the social and labor sphere" (it is registered in the Register of state registration of regulatory legal acts for No. 22394) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER";

3) of Item 1 to state the subitem in the following edition:

"3) Rules of rendering the state service "Cost Recovery on Training at Home Children with Disability" according to appendix 3 to this order;";

4) of Item 1 to exclude the subitem;

add Item 3 with subitem 2-1) of the following content:

"2-1) In case of modification and (or) amendments in this order the direction to the operator of information and communication infrastructure of "the electronic government", in Single contact center information on such changes and (or) amendments within ten working days after state registration in the Ministry of Justice of the Republic of Kazakhstan of the corresponding regulatory legal act;";

to be reworded as follows appendix 1 to the specified order according to appendix 1 to this Order;

to be reworded as follows appendix 2 to the specified order according to appendix 2 to this Order;

to be reworded as follows appendix 3 to the specified order according to appendix 3 to this Order;

to be reworded as follows appendix 5 to the specified order according to appendix 4 to this Order;

to be reworded as follows appendix 6 to the specified order according to appendix 5 to this Order;

in appendix 7 to the specified order:

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

"1) the subitem 1) of Item 1 of Article 31, the subitem 2) of Item 1 of article 32 of the Law of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan" (further – the Law), addresses to the State corporation in the place of residence by filing of application in form according to appendix 1 to these rules with application of documents, the main requirements to rendering the state service "Implementation of Retirement Benefits from the Pension Accruals Created at the expense of Compulsory Pension Contributions, Compulsory Professional Pension Contributions from the Single Accumulation Pension Fund" specified in the list (further – the list) according to appendix 2 to these rules;";

5, 6 and 7 to state Items in the following edition:

"5. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the list according to appendix 2 to these rules.

6. Aggregate term of consideration of documents and issue of results of rendering the state service from the date of acceptance and registration of document package by the service provider constitutes ten working days, except for members of the family of the died person having pension accruals, or persons which performed burial – which the state service is rendered within five working days from the date of documents acceptance by the service provider.

7. When giving complete document package, provided by the list, to uslugopoluchatel it is issued:

in the State corporation – the receipt on acceptance of the relevant documents according to appendix 3 to these rules;

the service provider has receipt on documents acceptance in the form approved by the internal document of the service provider except for of person which transmitted to the service provider document package through means of mail service.";

add with Item 7-1) of the following content:

"7-1. By provision uslugopoluchately the incomplete document package provided by the list according to appendix 1 to these rules and (or) documents with the expired effective period, the employee of the State corporation issues the receipt on refusal in documents acceptance in form according to appendix 4 to these rules.";

state Items 8 and 9 in the following edition:

"8. In case of identification of the bases for refusal in rendering the state service the service provider in advance, but not later than three working days before decision making, according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK) notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also about carrying out hearing for opportunity to express line item according to the provisional solution.

According to Item 3 of article 73 APPK RK the uslugopoluchatel has the right to provide or state objection to the provisional solution on administrative case no later than two working days from the date of its obtaining in time.

By results of hearing the service provider makes the decision on rendering the state service or refusal in rendering the state service with indication of the reasons.

In case of the address of the applicant through the State corporation the administrative authority sends result of the state service to the State corporation through lock of "the electronic government".

9. In case of compliance of document package, specified in the list, to requirements of the legislation, the employee of the State corporation accepting documents from the uslugopoluchatel specified in the subitem 1) of Item 3 of these rules:

creates request through lock of "the electronic government" in information system "The state database "Physical persons" (further – IS "GBD FL") for receipt of data on the identity document of the uslugopoluchatel issued by authorized body of the Republic of Kazakhstan about registration on the permanent residence;

creates by means of the integrated information system "Service Center of the Population" (further – IIS "TsON") request in information system ENPF (further – IS ENPF) on availability in it the opened individual retirement account addressed to uslugopoluchatel, the right to retirement benefits of ENPF, pension accruals, the fact of the payment established by the service provider and the unexecuted existing statement of uslugopoluchatel on payments and transfers of pension savings;

if the uslugopoluchatel according to the tax legislation of the Republic of Kazakhstan has the right to application of the tax deduction to the income in type of retirement benefits from ENPF, checks availability of the relevant supporting documents or data in information systems of the relevant state bodies, including in information systems of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – IS MTSZN);

in case of receipt of affirmative answer from IS ENPF performs registration of a statement in IIS "TsON", in the presence of tax benefit puts down in IIS "TsON" mark about the corresponding preferential category of the receiver;

scans documents, including documents according to which there are no data in IS "GBD FL", and also documents confirming privilege availability in case of the taxation of retirement benefits from ENPF in the absence of confirmatory data in information systems of the relevant state bodies, including in IS MTSZN;

based on the accepted documents creates electronic prototype of case;

performs processing of the registered statement in IIS "TsON" with unloading of data in IS MTSZN.";

state Item 11 in the following edition:

"11. In case of compliance of document package, specified in the list, to requirements of the legislation, the worker of ENPF accepting documents from the uslugopoluchatel specified in the subitem 2) of Item 3 of these rules:

creates request in the information system "Centralized Databank of Persons Having Disability" of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further - IS "TsBDI") about availability of data about the established uslugopoluchatel to group of disability and effective period;

in the absence of notes to the provided document package, including availability of data in IS "TsBDI" confirming establishment at uslugopoluchatel of disability of the first or second group it is termless, performs registration of a statement of uslugopoluchatel in IS ENPF;

based on the accepted documents creates electronic prototype of case, including attaches the scanned copies of the signed statement and documents in IS ENPF.";

state Item 20 in the following edition:

"20. In case of compliance of document package, specified in the list, to requirements of the legislation, the worker of ENPF:

requests data from IS "GBD FL" on availability from the addressed foreigner or the stateless person of the identity certificate of the citizen of the Republic of Kazakhstan or the residence permit of the foreigner in the Republic of Kazakhstan, or certificates of the stateless person issued by authorized body of the Republic of Kazakhstan, and its reality;

in the absence of notes to the provided document package, including availability of data of IS "GBD FL" on invalidity of the identity certificate of the citizen of the Republic of Kazakhstan or the residence permit of the foreigner in the Republic of Kazakhstan, or certificates of the stateless person issued by authorized body of the Republic of Kazakhstan, in connection with departure of the addressed foreigner or stateless person out of limits of the Republic of Kazakhstan on the permanent residence or cancellation to the foreigner or the stateless person of permission to permanent residence in the Republic of Kazakhstan, performs registration of a statement of uslugopoluchatel in IS ENPF;

based on the accepted documents creates electronic prototype of case, including attaches the scanned copies of the signed statement and documents in IS ENPF.";

state Items 27 and 28 in the following edition:

"27. In case of compliance of document package, specified in the list, to requirements of the legislation, the worker of ENPF in case of the address of persons specified in Item 25 of these rules:

if the receiver specified in Item 23 of these rules according to the tax legislation of the Republic of Kazakhstan has the right to application of the tax deduction to the income in type of retirement benefits from ENPF, checks availability of the relevant supporting documents or data in information systems of the relevant state bodies, including in IS "TsBDI" or other IS MTSZN;

in the absence of notes to the submitted documents, performs registration of a statement of uslugopoluchatel in IS ENPF, in the presence of tax benefit, puts down in IS ENPF mark about the corresponding preferential category of the receiver;

scans documents, including documents according to which there are no data in IS "GBD FL", and also documents confirming privilege availability in case of the taxation of retirement benefits from ENPF in the absence of confirmatory data in information systems of the relevant state bodies, including in IS "TsBDI" or other IS MTSZN;

based on the accepted documents creates electronic prototype of case, including attaches the scanned copies of the signed statement and documents in IS ENPF.

28. For appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials, and (or) his workers concerning rendering the state services the claim is submitted to the State corporation addressed to the head of the service provider or addressed to the head of the State corporation or addressed to the head of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – the Ministry).

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within 5 (five) working days from the date of its registration.

In case of disagreement with results of the rendered state service the uslugopoluchatel addresses with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

In case of disagreement with results of the rendered state service, the uslugopoluchatel takes a legal action according to the procedure, established by the legislation of the Republic of Kazakhstan.

If other is not provided by the laws of the Republic of Kazakhstan, appeal in court is allowed after appeal in administrative (pre-judicial) procedure according to Item 5 of article 91 APPK RK.";

appendices 1 and 2 to Rules of rendering the state service "Implementation of Retirement Benefits from the Pension Accruals Created at the expense of Compulsory Pension Contributions, Compulsory Professional Pension Contributions from the Single Accumulation Pension Fund" to be reworded as follows according to appendices 6 and 7 to this order;

in appendix 8 to the specified order:

state Item 3 in the following edition:

"3. For receipt of the state service the physical person performs registration on the portal. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the list of the main requirements to rendering the state service "Issue of Information on Receipt and Movement of Means of the Investor of the Single Accumulation Pension Fund" (further – the list) according to appendix 1 to these rules.";

state Item 10 in the following edition:

"10. In the presence of the bases for refusal in rendering the state service provided by the list according to appendix 1 to these rules, the service provider notifies uslugopoluchatel with indication of causes of failure.";

state Item 13 in the following edition:

"13. Appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials, the State corporation and (or) their workers concerning rendering the state service: the claim is submitted addressed to the head of the service provider, the State corporation to the addresses specified in the list according to appendix 2 to these rules.

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within 5 (five) working days from the date of its registration.

In case of disagreement with results of the rendered state service the uslugopoluchatel addresses with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

In case of disagreement with results of the rendered state service, the uslugopoluchatel takes a legal action according to the procedure, established by the legislation of the Republic of Kazakhstan.

If other is not provided by the laws of the Republic of Kazakhstan, appeal in court is allowed after appeal in administrative (pre-judicial) procedure according to Item 5 of article 91 APPK RK.";

appendix 1 to Rules of rendering the state service "Issue of Information on Receipt and Movement of Means of the Investor of the Single Accumulation Pension Fund" to be reworded as follows according to appendix 8 to this order;

in appendix 8-1 to the specified order:

and 5 to state items 4 in the following edition:

"4. For receipt of the direction on participation in active measures of assistance of employment of the population the uslugopoluchatel (or his representative on notarially certified by the notary or the official making notarial actions, powers of attorney) addresses to the service provider by filing of application in form according to appendix 1 to these rules with application of documents, the main requirements to rendering the state service "Issue of the Directions on Participation in Active Measures of Assistance of Employment" specified in the list (further – the list) according to appendix 2 to these rules, or through the State corporation, the Portal or Electronic employment exchange.

The service provider studies documents of uslugopoluchatel, checks their completeness and studies on reliability the specified data in the submitted documents.

The service provider receives data of the identity document, the document confirming labor activity of the education document from the corresponding information systems of state bodies through lock of "The electronic government".

5. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service is provided in the list.";

state Item 8 in the following edition:

"8. By provision uslugopoluchately incomplete document package according to the list, and (or) documents with the expired effective period, the service provider, the employee of the State corporation to uslugopoluchatel issue the receipt on refusal in reception of an application in form according to appendix 3 to these rules.";

state Item 11 in the following edition:

"11. The service provider refuses rendering the state services in the bases specified in Item 9 of the list.";

appendices 2 and 3 to Rules of rendering the state service "Issue of the Directions on Participation in Active Measures of Assistance of Employment" to be reworded as follows according to appendices 9 and 10 to this order.

2. To provide to department of the public assistance of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sagindykova N. E.

4. This order becomes effective from the date of its first official publication.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of November 24, 2022 No. 473

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 25, 2021 No. 84

Rules of rendering the state service "Registration of the Citizens Who Were Injured owing to Nuclear Testing on the Semipalatinsk Test Nuclear Test Site, Payment of Immediate State Monetary Compensation, Certification"

Chapter 1. General provisions

1. These rules of rendering the state service "Registration of the Citizens Who Were Injured owing to Nuclear Testing on the Semipalatinsk Test Nuclear Test Site, Payment of Immediate State Monetary Compensation, Certification" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for rendering the state service "Registration of the Citizens Who Were Injured owing to Nuclear Testing on the Semipalatinsk Test Nuclear Test Site, Payment of Immediate State Monetary Compensation, Certification" (further – the state service).

2. The state service appears local executive bodies of the cities of republican value, the capital, areas, cities of regional value (further – the service provider) to physical persons (further – uslugopoluchatel) according to these rules.

Reception of an application and issue of result of rendering the state service are performed through:

1) service provider;

2) non-commercial joint-stock company "The Government for Citizens state corporation (further – the State corporation);

3) the web portal of "the electronic government" (further – the portal).

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