of April 14, 2016 No. 215
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 (further - changes and amendments).
2. This resolution becomes effective from the date of its signing, except for paragraphs of the fourteenth, fifteenth, sixteenth, seventeenth, eighteenth Item of 2 changes and amendments, the paragraph of the twenty seventh appendix 8 to changes and amendments which become effective since January 1, 2016, and is subject to official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Approved by the Order of the Government of the Republic of Kazakhstan of April 14, 2016 No. 215
1. 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" (SAPP of the Republic of Kazakhstan, 2003, No. 3, the Art. 39):
in Rules of payment of monetary compensations to the victims of the mass political repressions approved by the specified resolution:
1, of 2, of 3, of 4, of 7, of 8, of 12, of 14, 15 and 20 to state Items in the following edition:
"1. In these rules the following basic concepts are used:
1) The Government for Citizens State corporation (further – authorized organization for payment of monetary compensation) – 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", and also ensuring rendering the state services electronically;
2) authorized organization for issue of monetary compensation – bank or the organization having the license of National Bank of the Republic of Kazakhstan for implementation of separate types of banking activities, chosen by the receiver of monetary compensation in the procedure established by the legislation of the Republic of Kazakhstan;
3) authorized body to destination monetary compensation to the victims of political repressions – territorial subdivision of Committee of work, social protection and migration of the Ministry of health and social development of the Republic of Kazakhstan.
2. The citizens having the right to monetary compensation on the bases specified in Articles 22, of 23, 26 Laws for purpose of monetary compensation represent to authorized organization for payment of monetary compensation for the residence:
1) the statement in form according to appendix 1 to these rules;
2) identity document;
3) the document confirming the right to monetary compensation (the certificate of rehabilitation from bodies of prosecutor's office or judicial authorities);
4) the document confirming the residence.
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. The documents necessary for purpose of monetary compensation are represented in originals and copies for reconciliation to district (city) authorized organizations for payment of monetary compensation.
After reconciliation originals of documents return to the applicant.
Employees of district (city) authorized organizations for payment of monetary compensation certify copies of documents, create cases, prepare drafts of decisions on purpose of monetary compensations for the victims of political repressions, according to appendix 2, and direct them within five working days in regional, the cities of Astana and Almaty authorized bodies on payment of monetary compensation.
4. Regional, the cities of Astana and Almaty authorized organizations for payment of monetary compensation direct cases and drafts of decisions on purpose of monetary compensation within five working days to the relevant authorized body to destination to monetary compensation to the victims of political repressions.";
"7. The authorized body to destination of monetary compensation to the victims of political repressions within five working days from the date of receipt of documents and drafts of decisions from regional, the cities of Astana and Almaty of authorized organizations for payment of monetary compensation makes decisions on purpose of monetary compensation to the victims of political repressions or refusal in its appointment and submits the case and these decisions in accordance with the established procedure to district (city) authorized organizations for payment of monetary compensations.
The decision on purpose of monetary compensation or refusal in appointment is signed by the head of authorized body to destination of monetary compensation to the victims of political repressions (or person fulfilling its duties).
In case of refusal in purpose of monetary compensation, the authorized body to destination of monetary compensation to the victims of political repressions in writing motivates causes of failure and through regional, the cities of Astana and Almaty authorized organizations for payment of monetary compensation returns the relevant documents in district (city) authorized organizations for payment of monetary compensation for transfer to the applicant.
8. In case of change of monthly settlement indicator recalculation of the amount of monetary compensation is made by district (city) authorized organization for payment of monetary compensation which through regional, the cities of Astana and Almaty authorized organization for payment of monetary compensation directs the draft of the relevant decision to approval in authorized body to destination to monetary compensation to the victims of political repressions. The authorized body to destination of monetary compensation to the victims of political repressions checks correctness of calculation of monetary compensation and within three working days claims or passes the decision on recalculation of monetary compensation.";
"12. District (city) authorized organizations for payment of monetary compensations for the specified date the Ministry of health and social development of the Republic of Kazakhstan and based on decisions of authorized bodies to destination of monetary compensations to the victims of political repressions constitute the list of receivers of monetary compensations and represent it in regional, the cities of Astana and Almaty authorized organizations for payment of monetary compensation.";
"14. The authorized organization for payment of monetary compensation in time, determined by the Ministry of health and social development of the Republic of Kazakhstan, provides information on requirement of the means necessary for payment of monetary compensation in the Ministry of health and social development of the Republic of Kazakhstan.
15. The Ministry of health and social development of the Republic of Kazakhstan transfers funds into the bank account of authorized organization for payment of monetary compensation within the allocated amounts according to funding plans according to obligations and payments of the Ministry of health and social development of the Republic of Kazakhstan for the corresponding year.";
"20. On the allocated transfers between the Ministry of health and social development of the Republic of Kazakhstan and authorized organization for payment of monetary compensation the reconciliation statement is monthly drawn up.";
appendices 1 and 2 to the specified Rules to be reworded as follows according to appendices 1 and 2 to these changes and amendments.
2. In the order of the Government of the Republic of Kazakhstan of June 21, 2004 No. 683 "About approval of Rules of calculation and transfer of social assignments" (SAPP of the Republic of Kazakhstan, 2004, No. 25, the Art. 323):
in Rules of calculation and transfer of the social assignments approved by the specified resolution:
in Item 1:
add with the subitem 1) of the following content:
"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", and also ensuring rendering the state services electronically;";
1) to consider the subitem subitem 1-1);
5) to exclude the subitem;
6) to state the subitem in the following edition:
"6) the State Social Insurance Fund (further – Fund) – the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance concerning which there came the case of social risk including members of the family of dependents in case of loss of the supporter – the participant of system of compulsory social insurance;";
add with subitem 6-1) of the following content:
"6-1) departments of the State corporation – city, district departments of the State corporation;";
add with the subitem 8) of the following content:
"8) authorized body – the state body performing regulation, control and supervising functions behind activities of Fund;";
state Item 3 in the following edition:
"3. For the employer subject to calculation of social assignments are its expenses paid to the worker in income type for the performed works the rendered services.
For independently busy persons subject to calculation of social assignments is the gained income. Under the gained income of independently busy person the amount determined by it independently for the purposes of calculation in own favor within the sizes, stipulated in Item 2 articles 15 of the Law of the Republic of Kazakhstan "About compulsory social insurance" is recognized.
the third and fourth item 4 to exclude part;
the second Item 6 to exclude part;
the first and second Item 7 to state parts in the following edition:
"7. Social contributions to Fund are paid by payers through the State corporation no later than the 25th following month under report, via bank transfer from the bank accounts with application of lists of participants of system of compulsory social insurance for whom social assignments are made.
Introduction by payers of social contributions to bank and the organizations performing separate types of banking activities (further - banks) in cash form is performed according to the procedure, established by the legislation of the Republic of Kazakhstan on payments and money transfers.";
state Item 9 in the following edition:
"9. The state corporation performs accounting of social assignments in information system of authorized body based on IIN of participants of system of compulsory social insurance for whom social assignments are made.";
to state part one of Item 10 in the following edition:
"10. Transfer of money by banks in the State corporation is performed by electronic payment orders of the MT-102 format with application of the list of participants of system of compulsory social insurance for whom social assignments were made";
state Items 12 and 13 in the following edition:
"12. Banks transfer the amounts of social assignments to account of the State corporation in day of write-off of these amounts from the bank account of the payer.
13. The amounts of social assignments which arrived into the account of the State corporation within three operational days are transfered to account Fund by the payment order of the MT-100 format.
The state corporation performs return of social assignments to the payer on the participant of system of compulsory social insurance:
1) to not having IIN, and (or) in details of which mistakes are made;
2) being person which reached age, stipulated in Item 1 article 11 of the Law of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan";
For whom 3) the amount of social assignments is paid from subject to calculation of social assignments, exceeding the tenfold size of the minimum wage established by the law on the republican budget for the corresponding financial year from one payer.";
the first and fourth Item 14 to state parts in the following edition:
"14. In case of formation of debt on social assignments bodies of state revenues send to the payer the notice to produce to bodies of state revenues of participant lists of system of compulsory social insurance for whom social assignments, according to Item 8 of these rules were made.";
"Payers within five working days from the date of receipt of the notification represent the participant list of system of compulsory social insurance for whom social assignments were made to body of state revenues.";
the first and second Item 16 to state parts in the following edition:
"16. After five working days from the date of delivery of the notification, stipulated in Item 14 these rules, in case of non-presentation by the payer having debt on social assignments of the participant list of system of compulsory social insurance for whom social assignments were made the body of state revenues stops account transactions according to bank accounts and cash desk of the payer.
According to the order of bodies of state revenues banks shall suspend all account transactions on bank accounts of payers and perform the instructions concerning transfer of obligatory social assignments, pension contributions and tax debt, according to the procedure, established by the legislation of the Republic of Kazakhstan.";
state Item 20 in the following edition:
"20. The state corporation within three operational days from the date of receipt of the amounts of penalty fee transfers money into the bank account of Fund the payment order of the MT-100 format.";
exclude Item 22;
to state part one of Item 23 in the following edition:
"23. Excessively (mistakenly) paid amounts of social assignments and (or) penalty fee, in connection with inclusion in the income of the participant of system of compulsory social insurance for whom social assignments were made of separate payment types, non-taxable, is independently adjusted by the payer by regulation of the subsequent payments.";
state Items 24 and 25 in the following edition:
"24. Return of the amounts of social assignments which are excessively (mistakenly) paid by the payer and (or) penalty fee for untimely and (or) incomplete payment of the social assignments transferred to Fund is performed in the following procedure:
the statement on return of excessively (mistakenly) paid social assignments and (or) penalty fee in form, according to appendix 1 to these rules, moves the payer (payer bank) in the State corporation;
in case of assumption of mistakes in participant lists of system of compulsory social insurance for whom social assignments and (or) penalty fee were made the reference confirmation in form according to appendix 2 to these rules is enclosed to the application;
the payers performing payment of obligatory social assignments by cash attach to the reference confirmation the copy of the payment document about payment of social assignments;
The state corporation within five operational days checks the fact of transfer of social assignments and (or) penalty fee, the application is directed to Fund with appendix of confirmation of all details for this payment;
The fund after processing of statements creates the payment order of the MT-100 format and performs money transfer within seven operational days from the date of receipt of the statement of the payer in Fund on the bank account of the State corporation for the subsequent transfer to their payer. The fund transfers to the State corporation the register of payers with indication of bank details of the payer, surnames, names, middle names (in the presence) of participants and the amount of return on them on the same day. On the amounts which are not subject to return, the Fund transfers to the State corporation the decision on refusal with indication of the reason.
based on the register of Fund the State corporation creates the payment order in the MT-102 format and transfers to the payer the amount of excessively enlisted social assignments and (or) penalty fee within three operational days;
the payer obtains information on cause of failure on return of the amounts of social assignments and (or) penalty fee through the State corporation;
The state corporation charges participants of system of compulsory social insurance for whom social assignments, amounts repaid were made off individual accounts;
The state corporation after return of excessively credited amount notifies Fund on execution of the decision in form according to appendix 3 to these rules;
between the State corporation and Fund the reconciliation of transfer of social assignments and penalty fee, and also returns of social assignments and penalty fee from Fund is made once a month.
25. In case of assumption of mistakes the bank servicing the payer in case of execution of electronic payment orders, the bank takes measures for correction of the made mistakes according to the legislation of the Republic of Kazakhstan on payments and money transfers.";
state Items 27 and 28 in the following edition:
"27. The payer quarterly, no later than the 15th day of the second month following reporting quarter represents to body of state revenues on the location calculation for the added social assignments for participants of system of compulsory social insurance for whom social assignments were made if other is not established by the legislation of the Republic of Kazakhstan.
28. The state corporation daily, for last day, represents to body of state revenues registers of the arrived and returned social assignments and (or) penalty fee on the payers registered according to the procedure, established by the Tax code.";
add with Items 30, 31 and 32 following of content:
"30. The payer performing calculation and payment of social contributions to Fund can request and obtain free of charge from the State corporation necessary information on the transferred amounts of social assignments for participants of system of compulsory social insurance.
31. For receipt of information on the transferred amounts of social assignments for participants of system of compulsory social insurance the payer fills in the request in the form approved by authorized body and represents to the State corporation through its departments.
32. The state corporation within seven working days from the date of the address of the payer prepares information on the transferred amounts of social assignments for participants of system of compulsory social insurance in the form approved by authorized body and transmits it to the payer through departments of the State corporation.";
appendix 1 to the specified Rules to be reworded as follows according to appendix 3 to these changes and amendments;
in appendix 3 to the specified Rules:
the paragraph one to state in the following edition:
"The government for citizens state corporation notifies on return of the amounts of mistakenly listed obligatory social assignments which arrived from "State Social Insurance Fund" joint-stock company according to the order No. __ from" "______ 20 __ years on the following payers:".
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