Article 101-3. Recognition 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) in need of housing Law On Housing Relations

Home / Laws / Article 101-3. Recognition 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) in need of housing Law On Housing Relations

Article 101-3. Recognition 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) in need of housing Law On Housing Relations

1. An employee of a law enforcement agency, a special state agency, a civil protection agency and a military man are recognized as needing housing in cases where they:

1) do not have a dwelling on the right of ownership in this locality. At the same time, the presence of a share of less than fifty percent in the dwelling is not taken into account.

The requirement of the first part of this subparagraph does not apply to an employee of a law enforcement agency, a special state body, a civil protection body and a military personnel who have an unfulfilled obligation under a contract to purchase a home through the use of housing payments.;

2) do not have permanent use of a dwelling received from the state housing stock in the territory of the Republic of Kazakhstan.

The effect of this paragraph regarding recognition of those in need of housing applies to family members of a law enforcement officer, a special government agency, a civil protection agency and a military serviceman.

If the spouse of an employee of a law enforcement agency, a special government agency, a civil protection agency, and a military serviceman has or had a home that belonged to her (him) by right of ownership in this locality before marriage, with a period of alienation within the last five years, the specified employee or A serviceman is recognized as needing housing without taking into account his spouse.

2. If the spouses are employees of a law enforcement agency, a special government agency, a civil protection agency and (or) military personnel, housing payments are made to one of the spouses of their choice. Personal special and (or) savings accounts of one of them, upon his/her application, are closed in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Payments and Payment Systems".

The amount of housing payments held in the personal special and (or) savings accounts of one of the spouses is transferred to the personal special and (or) savings accounts of the other spouse – recipient of housing payments in accordance with the procedure established by the legislation 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 is refused recognition as needing housing if they or their spouses or family members are in the given locality.:

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

2) fulfilled the obligations under the contract for the acquisition of housing in ownership, and also used the right of its occurrence through the use of housing payments, including using the right provided for in subparagraph 3 at the place of service) paragraph 1 of Article 101-6 of this Law;

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

4) during the last five years, the alienation of the dwelling has been carried out, except in the case when his (her) spouse had a dwelling before marriage.

In the cases provided for in subitems 3) and 4) of part one of this paragraph, the alienation of a share of less than fifty percent in a dwelling is not taken into account.;

5) have a dwelling by right of ownership, including one acquired at their own expense and (or) using a mortgage housing loan or arising under the terms of a prenuptial agreement, as well as a donation or inheritance agreement.

An employee of a law enforcement agency, a special state body, a civil protection agency and a military man is also denied recognition as needing housing in the event that they own another dwelling in the territory of the Republic of Kazakhstan during the period of receiving current housing payments, with the exception of an inherited dwelling.

4. This article does not apply to cadets, cadets and (or) trainees, conscripts, military personnel serving in the reserve, conscripted, called up for military training.

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

President

Republic of Kazakhstan

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