LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2015 No. 406-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning compulsory social medical insurance

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

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015):

The subitem 2) of Item 1 of Article 51 to state 1) in the following edition:

"2) at second priority - calculations for compensation and payment of compensations to the persons working according to the employment contract, payment of debts on social contributions to the State Social Insurance Fund, withheld from the salary to the compulsory pension contributions compulsory for professional pension contributions for assignments and (or) fees on compulsory social medical insurance in fund of social medical insurance, and also payment of remunerations under author's agreements are made, except as specified, when part of the amounts of requirements according to the legal act of the Republic of Kazakhstan regulating questions of bankruptcy is satisfied in the fifth queue;";

Part the second Article 52 to state 2) in the following edition:

"Insolvency is understood as the inability of the debtor (the individual entrepreneur or the legal entity) established by court in full to meet requirements of creditors for monetary commitments, to make calculations for compensation with persons working according to the employment contract, to provide tax payment and other obligatory payments in the budget, social contributions to the State Social Insurance Fund, assignments and (or) fees on compulsory social medical insurance in fund of social medical insurance, and also compulsory pension contributions and compulsory professional pension contributions.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34, No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of road and transport infrastructure, transport logistics and air transportation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015):

2) parts one of Item 2 of article 742 after the words "State Social Insurance Fund" to add the subitem with words ", assignments and (or) fees on compulsory social medical insurance in fund of social medical insurance;".

3. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of road and transport infrastructure, transport logistics and air transportation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015):

1) in Article 35:

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

"1-2) transfers to fund of social medical insurance;";

add with Items 2-2 and 7 of the following content:

"2-2. Transfers to fund of social medical insurance are transfers to this fund of money from the republican budget:

for the purpose of payment of social medical insurance by fund for rendering services within the guaranteed amount of free medical care;

for the purpose of cost recovery of fund of social medical insurance on fee of subjects of health care on delivery of health care in system of compulsory social medical insurance by the serviceman, to the staff of special state and law enforcement agencies;

in the form of fees of the state on compulsory social medical insurance for the citizens of the Republic of Kazakhstan exempted from payment of the fees in fund of social medical insurance determined by the Law of the Republic of Kazakhstan "About compulsory social medical insurance".";

"7. The procedure for provision of transfers to fund of social medical insurance is determined by the Government of the Republic of Kazakhstan.";

The subitem 5) of Item 1 of Article 53 to state 2) in the following edition:

"5) health care:

rendering by the organizations health care of the guaranteed amount of free medical care, except the expenses financed from local budgets;

the organization of service of the emergency medical care in case of liquidation of emergency situations of social, natural and technogenic nature at the republican level;

conducting medicolegal, forensic-psychiatric and judicial and narcological examination;

counteraction to especially dangerous infections;

ensuring sanitary and epidemiologic wellbeing of the population with sanitary and epidemiologic service;

medical attendance of the military personnel, staff of special state and law enforcement agencies and separate categories of government employees and citizens according to legal acts of the Republic of Kazakhstan;

activities in the field of protection of public health, except the expenses financed from local budgets and fund of social medical insurance;

transfers to fund of social medical insurance;";

The subitem 4) of Item 1 of Article 54 to state 3) in the following edition:

"4) health care:

collateral security of the guaranteed amount of free medical care according to the decision of local representative bodies of areas;

acquisition and storage of vaccines, immunobiological and other medical supplies according to the legislation of the Republic of Kazakhstan;

other actions in the field of health care, except for the directions financed from the republican budget and fund of social medical insurance;";

The subitem 4) of Item 1 of Article 55 to state 4) in the following edition:

"4) health care:

collateral security of the guaranteed amount of free medical care according to the decision of local representative bodies of the cities of republican value and the capital;

acquisition and storage of vaccines, immunobiological and other medical supplies according to the legislation of the Republic of Kazakhstan;

other actions in the field of health care, except for the directions financed from the republican budget and fund of social medical insurance;

Part one of Item 1 of Article 98 to state 5) in the following edition:

"1. The collection order represents the document which is foundation for forced execution by public institution, and also the subject of the quasi-public sector, for accomplishment of the state task or for increase (forming) in the authorized capital of which funds for the corresponding financial year are provided in the law on the republican budget or the decision of maslikhat on the local budget, the writ of execution or the order issued according to the decisions which took legal effect, determinations, resolutions, orders of courts, and also connected with repayment of the formed tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions on assignments and (or) fees on compulsory social medical insurance or to social assignments, the debt formed in the cases provided by the customs legislation of the Republic of Kazakhstan. The collection order is the document confirming justification of payment of public institution and the subject of the quasi-public sector, for accomplishment of the state task or for increase (forming) in the authorized capital of which funds for the corresponding financial year are provided in the law on the republican budget or the decision of maslikhat on the local budget.";

6) in Item 2 of Article 100:

2) and 4) to state subitems in the following edition:

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