On the ratification of the Agreement on Guarantees of Citizens' Rights in the field of Social Benefits, Compensation payments to Families with Children and alimony
Decree of the President of the Republic of Kazakhstan dated June 19, 1995 N 2341
In accordance with article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree:
1. To ratify the Agreement on Guarantees of Citizens' Rights in the Field of payment of social Benefits, Compensation Payments to Families with Children and Alimony, concluded by the Governments of the Republic of Azerbaijan, the Republic of Armenia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, Turkmenistan, the Republic of Uzbekistan, and Ukraine, signed in Moscow on September 9, 1994.
2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Appendix<*> (unofficial text)
Agreements on guarantees of citizens' rights in the field of social benefits, compensation payments to families with children and alimony
Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Ukraine
notifications have been submitted:
Russian Federation - deposited on January 25, 1995;
Republic of Uzbekistan - deposited on March 16, 1995;
Republic of Tajikistan - deposited on August 8, 1995;
Republic of Kazakhstan - deposited on October 30, 1995;
Republic of Belarus - deposited on December 28, 1995;
Kyrgyz Republic - deposited on December 28, 1995;
Ukraine - deposited on January 30, 1996;
The instruments of ratification have been handed over:
Republic of Moldova - deposited on April 12, 1995;
The Republic of Armenia was deposited on October 27, 1995.
The Agreement entered into force on April 12, 1995.
entered into force for the States:
Russian Federation - April 12, 1995;
Republic of Uzbekistan - April 12, 1995;
Republic of Moldova - April 12, 1995;
Republic of Tajikistan - August 8, 1995;
Republic of Armenia - October 27, 1995;
Republic of Kazakhstan - October 30, 1995;
Republic of Belarus - December 28, 1995;
Kyrgyz Republic - December 28, 1995;
Ukraine - January 30, 1996.
The States Parties to this Agreement, represented by Governments, hereinafter referred to as the Parties, realizing that each Party must provide guaranteed State social assistance to citizens with children, based on the need to protect the rights of citizens with children and residing in the territories of the signatory States, have agreed as follows.
Article 1
For the purposes of this Agreement, the following terms mean: "citizens" - citizens of the State of one of the Parties, stateless persons and foreign citizens residing in the territory of a Party.; "guaranteed state social assistance to citizens with children" - the appointment and payment of state social benefits and compensation payments to citizens with children, according to the national legislation of the Party; "national legislation" - laws, decrees, resolutions of the highest state authorities, as well as regulatory legal acts in the field of state social assistance to families with children and alimony in force on the territory of one of the Parties; "documents" - birth certificate, certificate of residence, certificate of employment and others documents provided for by national legislation for the appointment and payment of social benefits, compensation payments and alimony; "established procedure" means the amounts and conditions established by national legislation for the appointment and payment of social benefits and compensation payments to families with children and alimony.
Article 2
This Agreement applies to all types of payments of guaranteed state social assistance to families with children and alimony, which are established or will be adopted by national legislation. Each of the Parties on its territory will not impose any restrictions on the basis of nationality on the receipt of guaranteed state social assistance to persons with children.
Article 3
Guaranteed state social assistance to citizens with children is provided in accordance with the procedure established by the national legislation of the Party in whose territory the child lives with one of the parents (the person replacing him). Social benefits and compensation payments to families with children from among military personnel and civilian personnel of military formations of one Party located on the territory of the other Party are established in cases where they are paid at the place of work (service) in the amounts and under the conditions provided for by the legislation of the Host Party, at the expense of funds allocated from the budget of the Party belonging to military units. formations, and in other cases - in accordance with the procedure provided for citizens of the Host Country.
Article 4
The costs of paying social benefits and compensation payments under this Agreement shall be borne by the Party in whose territory citizens with children permanently reside, without mutual settlements, unless otherwise provided for by bilateral agreements on labor and social protection of citizens working outside the borders of their States and this Agreement.
Article 5
The establishment and collection (payment) of alimony to citizens of the Parties is carried out in accordance with the procedure provided for by the national legislation of the Party in whose territory they reside.
Article 6
The parties recognize and enforce court decisions in alimony cases.
Article 7
The Parties shall ensure, as a matter of priority, the free transfer and payment of funds for alimony to individuals, social benefits and compensation payments to families with children permanently or temporarily residing in their territory through banks and (or) postal service institutions. The transfer of funds for alimony and other compensation payments to families with children is carried out in accordance with the procedure established by an intergovernmental agreement on the transfer of funds to citizens for socially significant non-commercial payments.
Article 8
In order to implement this Agreement, the Parties will: Pursue a policy of convergence of national legislation through cooperation; inform each other about the social legislation in force in their countries and its changes, including through the Advisory Council on Labor, Migration and Social Protection of the Population.
Article 9
Documents issued for the purpose of implementing this Agreement on the territory of one Party in accordance with the prescribed form, or their certified copies, are accepted on the territory of the other Party without legalization.
Article 10
Disputes concerning the interpretation or application of this Agreement shall be resolved through negotiations between the Parties concerned and other generally accepted means, including conciliation commissions established at the request of one of the Parties.
Article 11
By mutual agreement, the parties may make necessary additions and amendments to this Agreement, which are formalized by the relevant protocols and are an integral part of this Agreement.
Article 12
This Agreement shall enter into force on the date of delivery to the depositary of notifications from three Parties confirming that the participating States have completed the internal procedures necessary for its entry into force.
Article 13
This Agreement should be opened for accession by other States that share its goals and principles by submitting documents on such accession to the depositary.
Article 14
This Agreement is concluded for a period of five years and will be automatically renewed each time for one year. Each of the Parties may declare its intention to withdraw from this Agreement by notifying the depositary in writing at least six months before the expiration of the relevant period.
Article 15
The social rights of citizens with children, which have arisen in accordance with the provisions of this Agreement, shall not lose their force in the event of withdrawal of any Party from the Agreement. The obligations of the Parties to pay social benefits, compensation payments to families with children and alimony that arose during the period of participation in this Agreement, in the event of any Party withdrawing from it, remain in force until they are fully fulfilled.
Done in Moscow on September 9, 1994, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Republic of Belarus, which will send a certified copy to each signatory State of this Agreement.
This document was signed by the CIS member States: the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan, Ukraine, the Republic of Georgia.
The agreement was not signed by Turkmenistan.
President
Republic of Kazakhstan
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