LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2013 No. 126-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring the rights to housing of orphan children, children without parental support

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

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 1718, Art. 72; Art. No. 21-22, 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; The law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on May 25, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government"; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

Table of contents to add 1) with headings of Articles 111-2 and 111-3 of the following content:

"Article 111-2. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on registration of orphan children, the children without parental support needing the dwelling

Article 111-3. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support";

To add 2) with Articles 111-2 and 111-3 of the following content:

"Article 111-2. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on registration of orphan children, the children without parental support needing the dwelling

1. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on registration of orphan children, the children without parental support needing the dwelling, and equally in registration with violation of fixed term -

attract penalty in the amount of hundred monthly settlement indicators.

2. The acts provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of two hundred monthly settlement indicators.

Article 111-3. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support

1. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support, -

attracts penalty in the amount of four hundred monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of five hundred monthly settlement indicators.";

The subitem 2) parts of 1-1 Article 541 after figures "111-1," to add 3) with figures "111-2, 111-3,";

4) in the paragraph the second the subitem 1) of part one of article 636 of figure "111 - 117" to replace with figures "111, 111-1, 112 - 117";

Article 637 part one after figures "89 - 110-1," to add 5) with figures "111-2, 111-3,".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

in Article 92:

the offer first of Item 1 to add with words ", except for the parcel of land belonging on the property right to orphan children, children without parental support before achievement of eighteen-year age by them";

the second Item 2 to add part with words ", except for the parcel of land belonging on the property right to orphan children, children without parental support before achievement of eighteen-year age by them".

3. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 8, Art. 84; 1999, No. 13, Art. 431; No. 23, Art. 921; 2001, No. 15-16, of Art. 228; 2002, No. 6, Art. 71; 2003, No. 11, Art. 67; 2004, No. 14, Art. 82; No. 17, Art. 101; No. 23, Art. 142; 2006, No. 16, Art. 103; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 15, Art. 106, 108; No. 18, Art. 143; 2009, No. 11-12, of Art. 54; No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; No. 10, Art. 52; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 10, Art. 86; No. 11, Art. 102; No. 16, Art. 128, 129; 2012, No. 1, Art. 5; No. 3, Art. 21; No. 4, Art. 32; No. 5, Art. 41; No. 15, Art. 97; No. 21-22, of Art. 124; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

1) in Item 1 of Article 67:

add with subitem 1-1) of the following content:

"To 1-1) orphan children, children without parental support;";

2) to state the subitem in the following edition:

"2) to socially vulnerable segments of the population specified in subitems 1-1) - 5), 7) - 11) article 68 of this Law, having the comprehensive average monthly income for the last twelve months before the address about provision of the dwelling on each family member is lower 3, than the 1-fold size of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

The coefficient 3, of the 1-fold size of subsistence minimum does not extend to handicapped children;";

Item 1 of Article 71 to add 2) with part three of the following content:

"Legal representatives of orphan children, children without parental support, shall within six months from the date of arrival of orphan children, children without parental support, in the organization of education, medical or other organization or from the date of determination of such children under guardianship or custody or from the date of the conclusion of the contract with the foster tutor to register the child for receipt of the dwelling in local executive body.";

3) in Article 74:

in Item 2:

add with subitem 1-1) of the following content:

"1-1) orphan children, children without parental support;";

2) to state the subitem in the following edition:

"2) socially vulnerable segments of the population specified in subitems 1-1) - 5), 7) - 11) article 68 of this Law;";

the second to state part in the following edition:

"Distribution of the dwellings (which are again put into operation or exempted by residents) from the utility housing stock or dwellings leased by local executive body in private housing stock according to separate lists, except for disabled people and participants of the Great Patriotic War, and also orphan children, children without parental support, is made by local executive bodies of the area, the cities of regional value, the cities of republican value, the capitals is pro rata to the number of the separate lists the, and also lists needing the dwelling, staying on the registry in the state company and (or) public institution if other is not established by this Law or other legal acts of the Republic of Kazakhstan.";

state Items 3 and 4 in the following edition:

"3. The rights of the citizens included in the specified lists are recognized equal. Nobody has the privilege, except for disabled people and participants of the Great Patriotic War, and also orphan children, children without parental support, to receipt of the dwelling from the state housing stock or the dwelling leased by local executive body in private housing stock, before others, included in these lists if other is not provided by this Law.

4. From the state housing stock or the dwelling leased by local executive body in private housing stock disabled people and participants of the Great Patriotic War, and also orphan children, children without parental support have the first-priority right to the dwelling.";

Article 86 to add 4) with Item 1-1 of the following content:

"1-1. Safety of the dwelling of orphan children, children without parental support, is provided according to the Law of the Republic of Kazakhstan "About the child's rights in the Republic of Kazakhstan".".

4. In the Law of the Republic of Kazakhstan of August 8, 2002 "About the child's rights in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 17, Art. 154; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 19; 2006, No. 3, Art. 22; 2007, No. 9, Art. 67; No. 20, Art. 152; 2009, No. 15-16, of Art. 72; No. 17, Art. 81; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 17, Art. 136; No. 21, Art. 173; 2012, No. 15, Art. 97; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

Article 14 to state 1) in the following edition:

"Article 14. Child's right to the dwelling

1. Each child has the right to housing according to the housing legislation of the Republic of Kazakhstan.

2. The orphan child, the child, without parental support, the educations which are in the organizations, the medical and other organizations including providing temporary isolation from society under guardianship or custody, on foster education, keep the property right to the dwelling or right to use by the dwelling, and in case of its absence have the right to the dwelling according to the housing legislation of the Republic of Kazakhstan.

The dwelling from the state housing stock or the dwelling leased by local executive body in private housing stock remains for orphan children, children without parental support, for their stay in the organizations of education, medical and other organizations including providing temporary isolation from society under guardianship or custody, on foster education - before achievement of age of majority by them.

3. Children without parental support, including orphan children, cannot be evicted the dwelling occupied by them without provision of other dwelling.

4. Reservation of ownership right on the dwelling or rights to use by the dwelling of children, specified in Item 2 of this Article, is provided with local executive bodies.

5. Transactions on alienation, including exchange or donation of the dwelling of the orphan child, child, the without parental support, not reached fourteen-year age, or the conclusion from their name of the guarantee agreement, transactions on delivery of the dwelling in free use or as a deposit, the transactions attracting refusal of the rights to inheritance belonging to them under the law, the will, the Section of their dwelling or apportionment of share from it are not allowed.";

To add 2) with Article 14-1 of the following content:

"Article 14-1. Ensuring safety of the dwelling of orphan children, children without parental support

1. Local executive bodies:

1) make accounting and exercise control of safety of the dwelling of orphan children, children without parental support;

2) dwellings of orphan children, children without parental support, to their device under guardianship or custody, on foster education, in the organizations of education, medical and other organizations ensure safety;

3) establish guardianship over the dwelling of orphan children, children without parental support.

2. Legal representatives of the child ensure safety of the dwelling of orphan children, children without parental support.

Legal representatives of the child with the consent of the body performing functions on guardianship or custody can rent (sublease) the dwelling of orphan children, children without parental support, based on the standard agreement approved by the Government of the Republic of Kazakhstan.

The money received according to the employment contract (lease) of the dwelling is subject to transfer on the bank account of orphan children, children without parental support.

Rules of safety of the dwelling of orphan children, children without parental support, affirm the Government of the Republic of Kazakhstan.

Rules of safety of the dwelling of orphan children, children without parental support, include procedure:

1) accounting of the dwelling of orphan children, children without parental support;

2) establishments of guardianship over the dwelling of orphan children, children without parental support;

3) letting (in lease) dwellings of orphan children, children without parental support;

4) control of accomplishment by legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support.

3. For failure to carry out of obligation on safety of the dwelling of orphan children, children without parental support, officials of local executive bodies and legal representatives of the child bear the responsibility provided by the laws of the Republic of Kazakhstan.".

Article 2. This Law becomes effective after ten calendar days after its first official publication.

 

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