Article 101-1. Realization of the right to housing of an employee of a law enforcement agency, a special state body, a civil protection body (with the exception of a cadet and (or) a student) and a serviceman (with the exception of a conscript, a serviceman serving in the reserve, a cadet and a cadet liable for military service, called up for military training) of the Law on Housing Relations

     1. Housing provision for an employee of a law enforcement agency, a special state body, a civil protection body (with the exception of a cadet and (or) a student) and a military serviceman (with the exception of a conscript, a military serviceman serving in the reserve, a cadet and a cadet liable for military service, called up for military training) is carried out from the day they are recognized as in need of housing in accordance with the procedure established by this chapter.

     Housing provision for an employee of a law enforcement agency and a civil protection agency specified in part one of this paragraph is carried out by providing official housing, and an employee of a special state body, a serviceman, as well as an employee of a law enforcement agency and a civil protection agency who are in a position subject to housing payments, at their choice, is provided with official housing or housing payments are transferred to a personal special account, unless otherwise provided for in parts three and four of this paragraph.

     In the cases provided for in paragraphs 7 and 9 of this article, housing provision is carried out by providing official housing and transferring current housing payments.

     In cases where an employee of a law enforcement agency, a special government agency, a civil protection agency, or a military serviceman or his (her) spouse has received (received) one-time housing payments or monetary compensation, has exercised (exercised) the right to privatize housing or fulfilled (fulfilled) the obligation under the contract for the acquisition of housing through the use of housing payments, and also, if they have ownership rights to housing through the use of housing payments, housing is provided by providing official housing, provided that they are recognized as needing housing, and in the absence of official housing, current housing payments in the amount of fifty percent of current housing payments established in accordance with part three of paragraph 1 are transferred to a personal special account. articles 101-4 of this Law, which are used only to pay for the rent of a dwelling before providing official housing.

     In the event that an employee of a law enforcement agency, a special state body, a civil protection body, or a military serviceman specified in part four of this paragraph refuses to provide official housing at his place of service, current housing payments will not be assigned, with exclusion from the lists of persons registered in need of housing.

     2. The rules of housing provision for law enforcement officers, special government agencies, civil protection agencies, and military personnel are approved by the Government of the Republic of Kazakhstan.

     The list of positions of law enforcement agencies and civil protection agencies eligible for housing benefits is approved by the Government of the Republic of Kazakhstan.

     The rules for making housing payments to an employee and a serviceman of the active reserve, a full-time non-official employee are approved by the first heads of special state bodies, law enforcement agencies (with the exception of prosecutor's offices and civil protection) and the Minister of Defense of the Republic of Kazakhstan.

     3. An employee of a law enforcement agency, a special state agency, a civil protection agency, and a military serviceman have the right to privatize their official residence in accordance with the procedure established by this Law.

     4. An employee of a law enforcement agency, a special state body, a civil protection body and a serviceman upon discharge from service due to injury (injury, injury, contusion) or illness sustained during service, for which the military medical commission declared the specified employee and serviceman unfit for service (military service) with exclusion from the register (military registration), one-time housing payments are transferred.

     The amount of one-time housing payments is determined by multiplying the area of the dwelling at the rate of eighteen square meters for each family member at the time of dismissal, including the recipient of housing payments, by the price of one square meter of the sale of a new dwelling in the relevant region of the Republic of Kazakhstan, in which an employee of a law enforcement agency, a special state body, a civil protection body and a serviceman served, according to the data of the authorized body in the field of state statistics for January of this year, published on his Internet resource, minus the previously made current housing payments.

     One-time housing payments provided for in this paragraph shall not be paid in cases where:

     1) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, it has been proved that an injury (injury, injury, contusion) or illness occurred when an employee of a law enforcement agency, a special state body, a civil protection body and a military man committed illegal actions or as a result of the use of psychoactive substances (their analogues) and intoxication or self-inflicted bodily injury (self-harm) or other harm to one's health;

     2) an employee of a law enforcement agency, a special government agency, a civil protection agency and a military man or his (her) spouse have exercised the right to privatize their home, with the exception of privatizing their home through a coupon mechanism;

     3) an obligation has been fulfilled under a contract concluded with an employee of a law enforcement agency, a special state body, a civil protection body and a military man or his (her) spouse for the acquisition of a home through the use of housing payments;

     4) an employee of a law enforcement agency, a special state body, a civil protection body and a military man or his (her) spouse have a dwelling by right of ownership in this locality, except in cases when the obligation under the contract for the acquisition of housing through the use of housing payments has not been fulfilled, as well as receiving housing by inheritance.;

     5) an employee of a law enforcement agency, a special government agency, a civil protection agency and a military man or his (her) spouse have received one-time housing payments or monetary compensation.

     5. Lump-sum housing payments provided for in paragraph 4 of this Article to the recipient of housing payments shall be made without regard to his (her) spouse, as well as his (her) child(s) if his (her) right to housing was realized before their marriage (matrimony).

     The appointment of one-time housing payments provided for in paragraph 4 of this article is carried out if an employee of a law enforcement agency, a special state body, a civil protection body or a military man is a recipient of housing payments.

     Exclusion of the recipient of housing payments from the lists of personnel, dismissal from law enforcement agencies or civil protection agencies do not prevent the appointment and implementation of unpaid lump-sum housing payments according to the submitted report.

     A citizen of the Republic of Kazakhstan who has been excluded from the lists of personnel or dismissed from law enforcement or civil protection agencies has the right to apply to the state institution in which he served for one-time housing payments provided for in paragraph 4 of this Article within three months from the date of exclusion or dismissal. In the case of an application after the specified period, the state institution makes a decision to refuse to assign one-time housing payments.

     6. In cases where the amount of one-time housing payments provided for in paragraph 4 of this article exceeds the amount of the principal debt under the contract for the acquisition of housing through the use of housing payments, these payments shall be made in the amount of no more than the amount of the principal debt, taking into account remuneration as of the date of dismissal (exclusion from the list of personnel).

7. Current housing payments shall be made to an employee of a law enforcement agency, a special state body, a civil protection body, and a serviceman provided with official housing that is not subject to privatization in the amount of fifty percent of their amount determined in accordance with part three of paragraph 1 of Article 101-4 of this Law.

     Current housing payments provided for in the first part of this paragraph are not paid in cases where an employee of a law enforcement agency, a special state body, a civil protection body and a military man or his (her) spouse:

     1) received one-time housing payments or monetary compensation;

     2) fulfilled the obligations under the contract for the acquisition of housing through the use of housing payments;

     3) have realized the right to privatize housing, except for the privatization of housing through a coupon mechanism.

     8. The list of closed and isolated military camps, other closed facilities, the maintenance of official dwellings and centralized heating in which are provided at the expense of budgetary funds, as well as in which official housing is not subject to privatization, is approved by the first heads of state bodies (if there are such official dwellings).

     9. For an employee of a law enforcement agency, a special state body, a civil protection body and (or) a military man sent to serve outside the Republic of Kazakhstan, the occupied official dwelling shall be retained and (or) the assigned housing payments shall not be suspended for the entire period of stay outside the Republic of Kazakhstan, except for the cases provided for in paragraph 5 of Article 101-4 of this The law.

     10. The right to acquire ownership of a dwelling or to acquire ownership of a dwelling through the use of housing payments is carried out once.

The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.

President    

Republic of Kazakhstan     

    © 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

     Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases