THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2023 No. 269

About approval of Rules of appointment, implementation, suspension, recalculation, renewal, the termination of the public special welfare payment and review of the decision on its payment

According to article 5 of the Law of the Republic of Kazakhstan "About the public special welfare payment at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work" I ORDER to persons working at underground and open mining operations:

1. Approve the enclosed Rules of appointment, implementation, suspension, recalculation, renewal, the termination of the public special welfare payment and review of the decision on its payment according to appendix to this order.

2. To provide to department of social security and social insurance 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 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 supervising vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

4. This order becomes effective since July 1, 2023 and is subject to official publication.

Appendix

to the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 No. 269

Rules of appointment, implementation, suspension, recalculation, renewal, termination of the public special welfare payment and review of the decision on its payment

Chapter 1. General provisions

1. These rules of appointment, implementation, suspension, recalculation, renewal, termination of the public special welfare payment and review of the decision on its payment (further – Rules) are developed according to article 5 of the Law of the Republic of Kazakhstan "About the public special welfare payment to persons working at underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work" (further – the Law), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and determine procedure for appointment, implementation, suspension, recalculation, renewal, termination of the public special welfare payment and review of the decision on its payment.

2. The basic concepts used in these rules:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

2) the automated information system "the E-prototype (further – AIS "E-prototype") - the automated information system "System of Electronic Purpose of Retirement Benefits and Benefits";

3) authorized organization for issue of pensions and benefits – the banks of the second level, the organizations having licenses of authorized body on regulation, control and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

4) authorized state body to destination pensions and benefits (service provider) (further – authorized body to destination benefits) – territorial subdivision of department of authorized state body;

5) the receiver of benefit (further – the receiver) – physical person which is granted public special welfare payment;

6) the public special welfare payment (further – benefit) – money payment to persons which had as of January 1, 1998 the length of service established by the Law on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work;

7) departments of the State corporation – city, district departments of the State corporation;

8) branches of the State corporation – regional, the cities of Astana, Almaty and Shymkent branches of the State corporation;

9) the centralized database (further – TsBD) – the centralized database of authorized state body for implementation of payment types on the conditions established by the Social code of the Republic of Kazakhstan;

10) the applicant – the physical person addressing for purpose of the public special welfare payment;

11) authorized state body – the central executive body performing management and cross-industry coordination in the field of social protection of the population according to the legislation of the Republic of Kazakhstan, regulation, control functions behind activities of the State Social Insurance Fund;

12) service of digital documents – the object of information and communication infrastructure of "the electronic government" assigned to the operator and intended for display and use of the documents in electronic form created based on data from objects of informatization;

13) the web portal of "the electronic government" (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

14) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

15) electronic prototype of case (further – EMD) – the electronic prototype of case of the receiver of benefit created by the State corporation in AIS "E-prototype";

16) the web portal of "the electronic government" – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically.

3. The authorized state body within three working days from approval date or change of these rules staticizes information on procedure for rendering the state service and sends it to Single contact center, authorized body to destination of benefit, the State corporation and to the operator of information and communication infrastructure of "the electronic Government".

Chapter 2. Procedure for purpose of benefit

4. Persons having the right to benefit, the stipulated in Article 4 Laws submit in department of the State corporation the application in form according to appendix 1 to these rules and for identification – the identity document and belonging to nationality of the Republic of Kazakhstan.

For purpose of benefit incapacitated, the statement and necessary documents is limited to the capable or needing guardianship or custody persons, move their legal representatives.

The application for purpose of benefit is submitted by the third parties by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil code.

The documents issued outside the Republic of Kazakhstan are subject to legalization according to the procedure, provided by the Rules of legalization of documents approved by the order of the acting minister of foreign affairs of the Republic of Kazakhstan of December 6, 2017 No. 11-1-2/576 (it is registered in the Register of state registration of regulatory legal acts for No. 16116) (further – Rules of legalization of documents) if other is not provided by the international treaties ratified by the Republic of Kazakhstan.

In case of submission of the documents constituted in foreign language, the notary witnesses fidelity of transfer of the document on Kazakh or Russian according to the subitem 9) of Item 1 of Article 34, article 80 of the Law of the Republic of Kazakhstan "About notariate".

5. The specialist accepting documents creates requests in the corresponding information systems (further – IS) state bodies and (or) the organization through lock of "the electronic government":

in IS the State database "Physical persons" – according to documents, the proving applicant's identity, belonging to nationality of the Republic of Kazakhstan and confirming registration on the permanent residence;

in IS "E-guardianship" – according to documents on establishment of guardianship (guardianship);

in the automated information Torel_k analytical system – on the judgments about confirmation of working life;

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