On approval of the Rules for the allocation of places in dormitories of educational institutions

Updated Unofficial translation

Order of the Minister of Education and Science of the Republic of Kazakhstan dated January 22, 2016 No. 66. It is registered in the Ministry of Justice of the Republic of Kazakhstan on March 16, 2016 No. 13487.

      Unofficial translation

      Footnote. The title is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 19, 2018 № 581 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      In accordance with subparagraph 103) of Article 5 of the Law of the Republic of Kazakhstan “On Education” I HEREBY ORDER:

      Footnote. The preamble is in the wording of the the order of the Minister of Education of the Republic of Kazakhstan dated 13.07.2023 № 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      1. To approve the attached Rules for the allocation of places in the dormitories of educational organizations.

      Footnote. Clause 1 as amended by the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 19, 2018 № 581 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      2. The Department of Higher, Postgraduate Education and International Cooperation (Omirbaev S.M.) in the manner prescribed by law to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days after the state registration of this order, send its copy for official publication in periodicals and the Legal Information System Әdilet, as well as to the Republican State Enterprise on the right of economic management “Republican Legal Information Center of the Ministry of Justice Republic of Kazakhstan Republic” for placement in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;

      3) the placement of this order on the Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;

      4) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan information on the implementation of the activities provided for in subparagraphs 1), 2) and 3) of this paragraph.

      3. Bring this order to the attention of state educational organizations that implement technical and professional, post-secondary, higher and postgraduate education.

      4. The control over the execution of this order shall be assigned to T.O. Balykbaev, Vice Minister of Education and Science of the Republic of Kazakhstan

      5. This order becomes effective after the day its first official publication.

      The Minister
      education and science
      Republic of Kazakhstan A. Sarinzhipov

      “AGREED ” 

      Ministry of Agriculture

      Republic of Kazakhstan

      __________________ A. Mamytbekov

      on February 15, 2016 

      “AGREED”

      Ministry of Health

      and social development 

      Republic of Kazakhstan

      ___________________ T. Duysenova

      on February 17, 2016 

      “AGREED”

      Ministry of Culture and Sports

      Republic of Kazakhstan

      __________________ A. Mukhamediuly

      on February 19, 2016 

  Approved by order of the
Minister of Education and Science of the
Republic of Kazakhstan
dated January 22, 2016 and № 66

Rules for the distribution of places in dormitories of educational organizations

      Footnote. The title of the Regulation is as amended by the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 19, 2018 № 581 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

1. General Provisions

      1. These Rules for the distribution of places in dormitories of educational organizations (hereinafter - the Rules) have been developed in accordance with subparagraph 103) of Article 5 of the Law of the Republic of Kazakhstan “On Education” and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” and shall determine the procedure for the distribution of places in dormitories of educational organizations.

      Footnote. Paragraph 1 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 13.07.2023 № 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      2. The rules shall determine the procedure for the distribution of places in hostels belonging to organizations of technical and professional, post-secondary education (hereinafter referred to as the TPPE organizations) on the right of ownership or owned by organizations on another legal basis.

      The provision of a hostel to students in the TPPE organizations shall be carried out by the TPPE organizations, based on the results of the distribution of places on a competitive basis by a specially created commission.

      Information on the availability of free places in hostels shall be posted on the official websites of the TPPE organizations.

      Footnote. Paragraph 2 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      2-1. The public service shall be provided to individuals (hereinafter referred to as the the service recipient) free of charge on the basis of the application in the established form in accordance with Annex 1 to these Rules.

      Acceptance of the application and issuance of the result of the provision of public service shall be carried out through:

      1) the TPPE organization;

      2) the web portal of "e-government" www.egov.kz (hereinafter referred to as the portal);

      The list of the main requirements for the provision of state services for the organization of the TPPE, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the peculiarities of the provision of state services, is given in the List of the main requirements for the provision of state services "Provision of a hostel to students in organizations of technical and professional, post-secondary education" (hereinafter referred to as the List), in accordance with Annex 2 to these Rules.

      Footnote. Paragraph 2-1 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
      2-2. Excluded by order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

2. The procedure for the formation of the commission

      3. The places in the hostel are allocated on a competitive basis by a specially created commission .

      4. The quantitative and personal composition of the competitive commission for the allocation of places in hostels (hereinafter referred to as the competitive commission), as well as the terms of its powers, are determined by the first head of the organization.

      5. The Tender Commission shall include:

      1) representative of the organization's management - deputy head of the TPPE organization, who oversees the issues of residence of students in the hostel;

      2) representatives of public organizations - trade unions and other associations of citizens created on a voluntary basis;

      3) representatives of student government bodies;

      4) heads of face to face departments;

      5) representatives of the structural division of the organization in charge of youth policy issues.

      Footnote. Paragraph 5 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      6. The chairman of the tender committee is appointed by the deputy head of the organization, who oversees the issues of residence of students in the hostel.

      7. The main tasks of the competition committee are:

      1) determination of the schedule of meetings of the competitive commission;

      2) an objective and transparent consideration of applications, as well as adoption of decisions based on their results that do not infringe on the rights and interests of students;

      3) making decisions following the results of meetings of the tender committee.

3. The procedure for allocating places in the hostels of educational organizations

      Footnote. The title of chapter 3 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 19, 2018 № 581 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      8. The tender commission shall distribute places in hostels of the TPPE organizations on the basis of the application in the established form in accordance with Annex 1 to these Rules, or on the basis of the application submitted electronically to the portal, with the attachment of the documents specified in paragraph 8 of the List, in accordance with Annex 2 to these Rules confirming the status of the service recipient.

      When submitting all necessary documents by the service recipient:

      confirmation of the acceptance of the application in hard copy shall be a receipt for the acceptance of documents to the TPPE organization indicating the date of receipt of the package of documents in accordance with Annex 4 to these Rules.

      Through the portal - in the "personal account" of the service recipient, the status of acceptance of the package of documents shall be displayed.

      In cases of submission by the service recipient of an incomplete package of documents and (or) expired documents, the TPPE organization refuses to accept the application and issues a receipt on refusal to accept documents in the form in accordance with Annex 5 to these Rules.

      The office of the TPPE organization on the day of appeal shall receive and register documents and within 1 (one) working day send an application for consideration to the commission.

      Footnote. Paragraph 8 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      8-1 Information about identity documents, a certificate of the composition of the family, if there is a family, a death certificate of the parent (s) (for orphans), a certificate of the presence of 4 or more children in the family (for children from large families), a certificate on confirmation of disability in the form approved by the order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated January 30, 2015 № 44 "On approval of the Rules for conducting medical and social examination" (registered in the Register of State Registration of Regulatory Legal Acts under № 10589, published on April 15, 2015 in "Adilet" Legal Information System), a certificate confirming the right to receive state targeted social assistance, the service provider receives from the relevant state information systems through the gateway of "e-government".

      Footnote. The Rules are amended with clause 8-1 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      9. Places in dormitories shall be distributed among students in need of accommodation upon providing a certificate of the absence (presence) of real estate according to according to State Service Standard ""Issuance of a certificate of the absence (presence) of real estate", approved by order of the Minister of Justice of the Republic of Kazakhstan dated March 28, 2012 № 131, registered in the Register of State Registration of Regulatory Legal Acts under № 7586 (not having in the city (locality) the location of the organization in the private ownership of a housing unit (apartment, house)),

      Footnote. Clause 9 - is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated30.12.2020 № 557 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      10. The tender commission shall distribute places in the hostel, taking into account the grounds and priority in the following priority order:

      1) persons with developmental disabilities, persons with disabilities and persons with disabilities since childhood, children with disabilities, orphans and children left without parental care, persons whose one or both parents shall be persons with disabilities;

      2) persons from among young people left without parental care until adulthood, persons equal in benefits to participants and persons with disabilities of the Great Patriotic War, persons from among rural youth who entered training in educational programs that determine the socio-economic development of the village, as well as patriates;

      3) students, within the framework of the project "Mangіlіk el zhastary - industriyaga!" ("Serpіn - 2050");

      4) students accepted for training in the first year in accordance with the state educational order, having a high score based on the results of the competition or interview conducted by the education organization.

      If the points are equal based on the results of enrollment of the education conducted by the organization, the financial situation of the student is taken into account, when providing a certificate confirming the applicant's affiliation (families) to recipients of state targeted social assistance provided by local executive bodies, according to the Rules for the formation, direction of spending and accounting of funds allocated for the provision of financial and material assistance to students and pupils of state educational institutions from families, entitled to receive state targeted social assistance, as well as from families, not receiving state targeted social assistance, in which the average per capita income shall be lower than the subsistence level, and orphans, children left without parental care living in families, children from families requiring emergency assistance as a result of emergencies, and other categories of students and pupils approved by Decree of the Government of the Republic of Kazakhstan dated January 25, 2008 № 64;

      5) students from among senior students who have high results in educational, scientific and social work;

      6) other training organizations.

      Footnote. Paragraph 10 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      11. Foreigners from among students are provided with places in a hostel in accordance with international and intergovernmental agreements.

      12. Based on the results of consideration of applications, the competition commission shall make a decision on the provision of places in the dormitory within 2 (two) working days.

      Footnote. Clause 12 - is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      13. The competitive commission makes a decision on providing a place in the hostel to a student whose need for housing arose due to unforeseen family, material and other circumstances, as well as eviction from the hostel for non-compliance with the rules of residence or the charter of the organization on a reasonable basis.

      14. Competitively, the commission distributes the places in the hostels in stages:

      1) at the end of the school year (June), students in the next school year in all courses except the first;

      2) at the beginning of the school year (August) for students enrolled in the first year of study and in the order of transfer from other educational institutions;

      3) during the school year, as necessary, in accordance with changes in the contingent of students living in hostels, as well as for the reasonable settlement of transferred or restored students.

      15. Based on the formed list for living in the hostel, signed by the Chairman of the Commission, the student shall be given a referral to provide a place in the hostel of the TPPE organization, or a motivated refusal.

      When applying through the portal in the "personal account" of the service recipient, the result of providing a place in the hostel or a motivated refusal to provide a public service is sent in the form of an electronic document signed by the EDS of an authorized person of the TPPE organization.

      Footnote. Paragraph 15 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      16. The service provider shall ensure that information on the stage of public service provision shall be entered into the information system for monitoring the provision of public services in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" (hereinafter referred to as the Law).

      In accordance with Paragraph 5 of Article 10, paragraph 3 of Article 14, Article 23 of the Law, the central state body shall, within three working days from the date of amendment and/or additions to these Rules, update them and send them to service providers, to the Unified Contact Center.

      Footnote. The rules as added by paragraph 16 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      17. Consideration of the complaint regarding the provision of public services shall be carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of the provision of public services (hereinafter referred to as the body considering the complaint).

      The complaint shall be submitted to the administrative body, the official in respect of whom the administrative act shall be appealed, the action (inaction) of the administration.

      The service provider, the official whose decision, action (omission) are appealed shall, no later than three working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.

      At the same time, the service provider, an official whose decision, action (omission) are appealed, does not send a complaint to the body considering the complaint, if he accepts a favorable administrative act within three working days, performs an administrative action that fully satisfies the requirements specified in the complaint.

      The complaint of the service recipient received by the service provider in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On public services" shall be subject to consideration within five working days from the date of its registration.

      The complaint of the service recipient received by the authorized body for the assessment and control of the quality of the provision of public services shall be subject to consideration within fifteen working days from the date of its registration.

      Unless otherwise provided by the Laws of the Republic of Kazakhstan, appeal to the court is allowed after a pre-trial appeal in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

      Footnote. The rules as added by paragraph 17 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  Appendix 1
to the Rules for the allocation
of places in dormitories
of educational institutions

      Footnote. The top right corner of the appendix - is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated22.05.2020 № 215 (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      Sleep ska. The application is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 19, 2018 № 581 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

  Form
______________ ______________
____________________________
____________________________
____________________________ the
name of the
educational organization ,
surname , name, patronymic (if
any) of its head
from _________________________
____________________________
__ __________________________
surname, name, patronymic (if
any) of the
student fully
____________________________
____________________________
course, group, specialty,
student’s faculty

Statement

      I ask you to allocate me one place in the hostel

      __________________________________________________________________________

      name of educational institution

      Place of arrival ___________________________________________________________

      __________________________________________________________________________

      _________________________________________________________________________.

      List of attached documents _________________________ _________________

      "___" _________________ 20___, ________________________

      student's signature

  Appendix 2
to the Rules for the allocation
of places in dormitories
of educational institutions

      Footnote. Annex 2 – in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

List of the main requirements for the provision of public services: "Provision of a hostel for students in technical and professional, post-secondary education organizations"

1

Name of the service provider

Organizations of technical and professional, post-secondary education

2

Methods for provision of public service

Acceptance of the application and issuance of the result of the provision of public service shall be carried out through:
1) Organizations of technical and professional, post-secondary education;
2) the web portal of "e-government" www.egov.kz (hereinafter referred to as the portal).

3

Term of provision of public service

The term of provision shall be 3 working days.

4

Form of provision of public service

Electronic (partially automated )/paper

5

Result of provision of public service

Direction on provision of dormitory to students in organizations of technical and professional, post-secondary education in form according to Annex 6 to the Rules, or motivated refusal.
The form of provision of the result of the provision of public service: electronic (partially automated )/paper.
If the service recipient does not apply for the result of the public service within the specified period, the service provider ensures their storage at the place of reception until the service recipient receives them.

6

The amount of payment charged to the service recipient during the provision of the public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge

7

Working schedule

1) Organizations of technical and professional, post-secondary education - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.00 hours, with the exception of weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015 (hereinafter referred to as the Code) with a lunch break from 13.00 to 14.00.
2) the portal - around the clock, with the exception of technical breaks in connection with the repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Code, applications are accepted and the results of the provision of public service are issued by the next working day).
Addresses of places of provision of public service shall be placed on:
1) the Internet resource of the service provider;
2) portal www.egov.kz.

8

List of documents and information required from the service recipient for the provision of public service

To the service provider:
1) application addressed to the head of the organization of technical and professional, post-secondary education on the provision of a place in the hostel in the form, in accordance with Annex 1 to these Rules;
2) document on the status of the patriate;
3) an identity document or an electronic document from the digital document service (for identification).
On the portal:
1) application for a place in the hostel in the form of an electronic document certified by the EDS of the service recipient;
2) an electronic copy of the document on the status of the patriate.
Information on identity documents; on the composition of the family, if there is a family; on the death of a parent (parents) (for orphans), or a certificate from an orphanage; on the presence of 4 or more children in the family (for children from large families); on confirmation of disability on confirmation of disability in the form approved by order of the Minister of Health and Social Development of the Republic of Kazakhstan dated January 30, 2015 № 44 "On approval of the Rules for conducting medical and social expertise" (registered in the Register of State Registration of Regulatory Legal Acts № 10589, published on April 15, 2015 in the information and legal system "Adіlet"); confirmation of the right to receive state targeted social assistance shall be provided to the service provider from the relevant state information systems through the e-government gateway.

9

Grounds for refusal to public services provision established by the legislation of the Republic of Kazakhstan

1) establishing the inaccuracy of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained in them;
2) non-compliance of the submitted documents of the service recipient required for the public services provision with the requirements established by the Rules.
In case of refusal to provide a public service, the service provider sends a response to the service recipient indicating the reasons for the refusal.
If the service recipient eliminates the reasons for refusing to public services provision, the service recipient may apply again to receive the public service in accordance with the procedure established by these public service Rules.
3) the absence of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection" to access to personal data of limited access, which shall be required for the public service provision.

10

Other requirements taking into account the peculiarities of the public service provision, including those provided in electronic form and through the state corporation

The maximum allowed timeout for a document package shall be 15 minutes.
The maximum allowable service time of the service recipient shall be 30 minutes.
The service recipient shall have the opportunity to receive a public service in electronic form through the portal, provided that the EDS is available.
The service recipient shall have the opportunity to receive information on the procedure and status of the public service provision in the remote access mode through the "personal account" of the portal, reference services of the service provider, as well as the Unified Contact Center "1414," 8-800-080-7777.
Conditions for receiving the service by third parties: Electronic request of third parties, subject to the consent of the person in respect of whom the information provided from the "personal account" on the portal shall be requested.

  Appendix 3
to the Rules for the allocation
of places in dormitories
of educational institutions

      Footnote. Annex 3 as recognized as invalid by order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated 30.12.2022 № 219 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); excluded by order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  Appendix 4
to the Rules for the allocation
of places in dormitories
of educational institutions
  Form

Receipt for acceptance of documents № _______

      Footnote. The rules as added by Annex 4 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      Organization of technical and professional, post-secondary education

      __________________________________________________________________

      __________________________________________________________________

      The following documents have been received from __________________________________:

      (Surname, first name, patronymic (if any) of the service recipient)

      1. Application

      2. Other __________________________________________________________

      ___________________________________________________________________

      ___________________________________________________________________

      _______________________________________________________ ___________

      (Surname, first name, patronymic (if any) (signature) of the employee of the organization

      education of technical and vocational, post-secondary education

      Received: signature of the service recipient ___________

      ___________, "___" 20 ___

  Appendix 5
to the Rules for the allocation
of places in dormitories
of educational institutions
  Form

Receipt of refusal to accept documents

      Footnote. The Rules are amended with an Appendix 5 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 22.05.2020 № 215 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      Being governed by article 19 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On state services", it is hereby refused to accept documents for the provision of a state service (indicate the name of the state service in accordance with the standard of public service) due to submission by you an incomplete package of documents according to the list, the state service, namely:

      Name of missing documents:

      1) ________________________________________;

      2) ________________________________________;

      3) ….

      This receipt was made in 2 copies, one copy for each of the parties.

      Surname, name, patronymic (signature)

      (of an employee of the State Corporation)

      Performer: Surname, name, patronymic_____________

      phone __________

      Received: Surname, name, patronymic / signature of a service recipient

      "___" _________ 20__

  Appendix 6
to the Rules for the allocation
of places in dormitories
of educational institutions
 
  Form

Direction on the provision of hostels to educational organizations technical and professional, post-secondary education

      Footnote. Annex 6 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 27.02.2023 № 50 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      ____________________________________________________________

      (name and address of the educational organization) to the citizen (s)

      ____________________________________________________________

      (surname, first name, patronymic (if any)

      I hereby send you to check in to hostel № ___

      Hostel address

      ____________________________________________________________

      I hereby invite you to appear _________, "___" ___ 20. at ____ o'clock.

      Head of ____________ educational organization (signature)

      "_____" ________ _____ 20

      Place for sealing

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