On approval of the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education”

Order of the Minister of Education and Science of the Republic of Kazakhstan № 180 dated May 4, 2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 5, 2020 under № 20579.

Unofficial translation
Footnote. The title is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

In obedience to sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 “On Public Services” I HEREBY ORDER:

1. To approve the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education” according to Annex 1 to this order.

Footnote. Paragraph 1 - as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

2. That certain orders of the Minister of Education and Science of the Republic of Kazakhstan shall be deemed to have lost force according to Annex 2 hereto.

3. That in compliance with the legislation, the Department of Technical and Vocational Education of the Ministry of Education and Science of the Republic of Kazakhstan (Ospanova N. Zh.) jointly with the Department of Higher and Postgraduate Education of the Ministry of Education and Science of the Republic of Kazakhstan (Toybaev A. Zh.) shall:

1) ensue state registration hereof with the Ministry of Justice of the Republic of Kazakhstan;

2) place this order on the web-site of the Ministry of Education and Science of the Republic of Kazakhstan after its official publication;

3) within ten working days after the state registration hereof with the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan of information on execution of the measures stipulated by sub-paragraphs 1) and 2) of this paragraph.

4. That the Supervising Vice-Minister of Education and Science of the Republic of Kazakhstan shall be in charge of controlling the execution of this order.

5. That this order shall be put into effect ten calendar days after the date of its first official publication.

Minister of Education and Science of the Republic of Kazakhstan

A. Aimagambetov

"AGREED BY "
Ministry of Digital Development,
Innovation and the Aerospace Industry
of the Republic of Kazakhstan

Annex 1 to Order of the Minister of Education and Science of the Republic of Kazakhstan № 180 dated May 4, 2020

Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education” Chapter 1. General provisions

Footnote. The title is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

1.These Rules for the Provision of the State service have been developed in accordance with sub-paragraph 1) of article 10 of the Law of the Republic of Kazakhstan “On State services” (hereinafter referred to as the Law) and shall determine the procedure for providing free meals to certain categories of citizens, as well as to persons who are under guardianship (custody) and foster care, students and educatees of organizations of higher education.

Footnote. Paragraph 1 is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

2. The state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education” (hereinafter - the state service) shall be provided by organizations of higher or postgraduate education (hereinafter - service provider).

Footnote. Paragraph 2 is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

3. The state service shall be provided to individuals belonging to certain categories, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education or their parents or other legal representatives (hereinafter - the service recipient) free of charge.

Footnote. Paragraph 3 is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

Chapter 2. Procedure for providing a public service

4. In order to receive free meals the service recipient shall submit to the service provider via the service provider's office and (or) "e-government" web portal www.egov.kz (hereinafter - the portal), or via the "State Corporation “Government for Citizens” Non-Profit Joint-Stock Company (hereinafter - the State Corporation) through a cellular subscriber device an application in the form according to Annex 1 to these Rules with the documents provided for in the List of basic requirements to the provision of a state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education” (hereinafter the List of basic requirements), pursuant to Annex 2 to these Rules.

Footnote. Paragraph 4 is as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced from the date of its first official publication).

5. When accepting documents via the service provider and (or) the State Corporation, the service recipient shall be issued a receipt of acceptance of relevant documents.

6. The service provider shall receive from relevant state information systems via the gateway electronic government the identity document data, guardianship (custody), foster care - for orphans and children left without parental care, raised in families, confirming the affiliation of the applicant (family) to the recipients of state targeted social assistance, provided by local executive bodies for children from families eligible for targeted social assistance.

7. If the service recipient submits an incomplete set of documents, and (or) documents with expired validity period, according to the list provided by item 8 of the List of basic requirements, the employee of the State Corporation shall refuse to accept the application on the day of its application and issue a receipt of refusal to accept the documents in the form according to Annex 4 to these Rules.

In case of application through the portal, the status of acceptance of the request for state service, as well as a notice indicating the date and time of receipt of the result of state service shall be sent to the service recipient in the "personal cabinet".

The office of the service provider on the day of receipt of documents shall accept, register and send them to the service provider for consideration.

If the documents are received via the portal, the service provider shall check the completeness of the documents submitted within one business day after registration of the documents.

If the documents are received via the portal, the service provider shall check the completeness of the submitted documents within 1 working day from the moment of registration of the documents.

When the service-recipient submits a full package of documents, the service provider shall review the documents for compliance with the requirements of the Rules within 3 (three) working days, and as a result prepare a Notice on provision of free meals in the form according to Annex 3 to the Rules and send it to the head of the service provider for signature.

In case of identification of the grounds for refusal in rendering the state service, the term of which is five working days, the service provider shall notify the service recipient of the preliminary decision on refusal in rendering the state service, as well as the time, date and place, method of hearing to provide the opportunity to the service recipient to express the position on the preliminary decision.

Notification of the hearing shall be sent at least three working days prior to the end of the term of rendering the state service. The hearing shall be held not later than two working days from the date of notification.

Based on the results of the hearing, the service provider shall issue a notice on provision of free meals or refuse to provide the state service.

If the service recipient submits an incomplete set of documents, the service provider sends a motivated refusal to further consider the application to the service recipient's "personal cabinet" on the portal within the specified terms.

The result of rendering of the state service is issued to the service recipient in the office of the service provider and (or) in the State Corporation by hand upon presentation of an identity document (or its representative by a notarized power of attorney).

In this case, delivery of the result of the state service to the State Corporation shall be carried out no later than one day before the expiration of the term of rendering the state service.

The result of rendering the state service on the portal shall be sent to the "personal cabinet" of the service recipient in the form of an electronic document signed by the EDS of the head of the service provider.

Footnote. Paragraph 7 as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).

7-1. The state service on provision of free meals to certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and pupils of higher education organizations may be provided proactively, on the initiative of the service provider through the information systems of state bodies when the telephone number of the service recipient's cellular subscriber device is registered on the web portal of "e-government" www.egov.kz and shall include:

1) sending automatic notifications to the service recipient with a request for a state service on provision of free meals to certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and pupils of higher education organizations;

2) obtaining the consent of the service recipient for provision of the proactive service, as well as other necessary information from the service recipient, including restricted access, via the cellular subscriber device of the service recipient.

The waiting period for a response from the service recipient is twenty-four hours from the date of receipt of the request.

Footnote. The Rules as supplemented with paragraph 7-1 in accordance with the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).

8. The total period of consideration of documents for the provision of the public service shall be 5 (five) working days.

9. The documents not issued on time due to the absence of the service recipient's (representative's) application shall be stored in the State Corporation for one month, after the expiration of this period shall be returned to the service provider as unclaimed.

10. In obedience to sub-paragraph 11) of paragraph 2 of article 5 of the Law of the Republic of Kazakhstan “On Public Services” the service provider shall ensure entering of data to the information system of monitoring of rendering of public services on the stage of rendering of a public service in the manner established by the authorized body in the sphere of information.

10-1. In accordance with paragraph 5 of Article 10, paragraph 3 of Article 14, Article 23 of the Law, the central state body, within three working days from the date of amendments and (or) additions to these Rules, updates them and sends them to the service providers, to the Single Contact Center, to the State Corporation, and to the operator of the information and communication infrastructure of "e-government".

Footnote. The Rules as supplemented with paragraph 10-1 in accordance with the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).
11. Excluded by the order of the Acting Minister of Education and Science of RK from 12.03.2021 № 108 (enacted after ten calendar days after the date of its first official publication).

Chapter 3. Procedure for appealing decisions, actions (inactions) of the service provider and (or) its officials in the process of providing a public service

12. Consideration of a complaint about the provision of state services shall be made by a superior administrative body, an official, an authorized body for evaluation and control over the quality of public services (hereinafter - the body considering the complaint).

The complaint shall be filed to the service provider and (or) official, whose decision, action (inaction) is appealed against.

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

At the same time, the service provider, official, whose decision, action (inaction) is appealed, has the right not to send the complaint to the body considering the complaint, if it will make a decision or other administrative action within three working days, fully satisfying the requirements specified in the complaint.

Footnote. Paragraph 12 as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).

13. The complaint of the service recipient received to the service provider, in accordance with paragraph 2 of Article 25 of the Law, shall be considered within 5 (five) working days from the date of its registration.

The complaint of the service recipient received to the body considering the complaint shall be subject to consideration within fifteen working days from the date of its registration.

Footnote. Paragraph 13 as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).

14. Unless otherwise provided by the laws of the Republic of Kazakhstan, recourse to the court shall be allowed after appealing in a pre-trial order in accordance with paragraph 5 of Article 91 of the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan.

Footnote. Paragraph 14 as amended by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 29.03.2023 № 134 (shall be enforced upon expiry of its first official publication).

	Annex 1 to the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education”
	Form
	To the head of organization of higher and (or) postgraduate education ____________________________ (name of the service provider) _________________________ (surname, name, patronymic (if any) from ______________________
	(surname, name, patronymic (if any) of the service recipient) residing at:
	____________________________ ____________________________

Application form

Footnote. Annex 1 - in the wording of the order of the Acting Minister of Science and Higher Education of RK from 29.03.2023 № 134 (enacted after the day of its first official publication).

I hereby ask you to provide free meals for my son (daughter)

________________________________________________________________

(surname,name,patronymic (if any)

Studying at ____year, ________group

_________________________________

(name of organization of higher and (or) post-graduate education)

I hereby give consent to the use of legally protected secret information contained in information systems.

"___" _______20__ ______ _____________

(signature) (surname, name, patronymic (if any)

	Annex 2 to the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education”

Footnote. Annex 2 - in the wording of the order of the Acting Minister of Science and Higher Education of RK from 29.03.2023 № 134 (enacted after the day of its first official publication).

List of basic requirements to the provision of state service "Provision of free meals to certain categories of citizens, as well as persons under guardianship (custody) and patronage, students and pupils of technical and vocational, post-secondary and higher education organizations"
1	Name of the service provider	The state service shall be provided by organizations of higher and (or) postgraduate education
2	Methods of provision of the state service (access channels)	Acceptance of the application and issuance of the result of rendering the state service is carried out through: 1) the office of the service provider; 2) non-profit joint-stock company "State Corporation "Government for Citizens" (hereinafter - State Corporation); 3) web portal of "e-government" www.egov.kz (hereinafter - the portal); 4) cellular communication subscriber device registered at www.egov.kz.
3	Terms for the provision of the state service	1) from the time of submission of the package of documents to the service provider, to the State Corporation - 5 working days; When applying to the State Corporation, the day of reception is not included in the term of rendering the state service. The service provider shall ensure delivery of the result of the state service to the State Corporation no later than one day before the expiration of the term of rendering the state service; 2) maximum permissible waiting time for individuals (hereinafter referred to as the service recipient) to hand over the package of documents to the service provider - 20 minutes, to the State Corporation - 15 minutes; 3) maximum permissible time of servicing the service recipient through the office of the service provider - 30 minutes, through the State Corporation - 15 minutes.
4	Form of provision of the state service	Electronic (partially automated)/on paper/proactive
5	Result of provision of the state service	Notification of the provision of free meals or a reasoned response on the refusal to provide the state service in cases and on the grounds provided for in paragraph 9 of this List of basic requirements.. The result of provision of the state service shall be sent on the portal and stored in the "personal cabinet" of the service recipient. The result of provision of the state service in proactive form shall be sent in the form of sms to the subscriber number of the service recipient on provision of free meals.
6	The amount of payment charged from the service recipient when providing a state service and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan	The state service is rendered free of charge to individuals, including in proactive form.
7	Work schedule of the service provider and information objects	1) of the service provider - from Monday to Friday inclusive, except for weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, in accordance with the established work schedule of the service provider from 9.00 a.m. to 6.00 p.m. with a lunch break from 1.00 p.m. to 2.00 p.m. 2) of the State Corporation - from Monday to Saturday inclusive, from 9.00 a.m. to 6.00 p.m. without a break, on-duty service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. except for weekends and holidays, according to the Labor Code of the Republic of Kazakhstan. 3) of the portal/cellular communication subscriber device - round the clock, except for technical breaks due to repair works (when the service recipient applies after working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, the application acceptance and issuance of the result of rendering the state service is carried out on the next working day). Addresses of places of rendering of the state service are placed on: 1) Internet resource of the service provider; 2) Internet resource of the State Corporation www.gov4c.kz; 3) portal www.egov.kz.
8	List of documents and information required from the service recipient for the provision of the state service	To the Service Provider and (or) to the State Corporation: 1) application of the established form; 2) identity card or an electronic document from the digital document service (for identification); 3) birth certificate - for children from large families (in case of birth before August 13, 2007) or an electronic document from the service of digital documents (for identification); 4) certificates of approval of guardianship (custody), foster care - for orphans and children left without parental care who are brought up in families; 5) certificates of disability - for persons with disabilities and persons with disabilities since childhood, for children with disabilities or a conclusion of a psychological-medical-pedagogical consultation - for children with developmental disabilities; 6) certificates confirming the eligibility of the applicant (family) to be a recipient of state targeted social assistance provided by local executive bodies, for children from families entitled to receive targeted social assistance; 7) Information on income received (wages of working parents or their substitutes, income from entrepreneurial activity and other types of activity, income in the form of alimony for children and other dependents) - for children from families not receiving state targeted social assistance, where the average per capita income is below the minimum subsistence level. Information about the identity document, guardianship (custody), foster care - for orphans and children left without parental care, raised in families, confirming the eligibility of the applicant (family) to receive state targeted social assistance provided by local executive bodies, for children from families entitled to receive targeted social assistance, the service recipient, the service provider, if available, receives from the relevant state information systems through the gateway of "e-government".
9	Grounds for refusal to provide a state service established by the legislation of the Republic of Kazakhstan	1) establishment of unreliability of the documents submitted by the service recipient to receive the state service and (or) data (information) contained in them; 2) the existence of an effective decision of the court in respect of the service recipient, on the basis of which the service recipient is deprived of a special right related to the receipt of a state service; 3) absence of the 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", for access to personal data of limited access, which are required for the provision of state service.
10	Other requirements taking into account the peculiarities of providing state service, including those provided in electronic form and through the State Corporation	The service recipient has the opportunity to receive information on the procedure and status of state service provision through a single contact center, as well as in a proactive form through a cellular subscriber device registered at ww.egov.kz on the issues of state service provision. Contact telephone numbers of the reference services of the service provider on issues related to the provision of state services are available on the Ministry's website: www.edu.gov.kz in the "State Services" section. The single contact center for issues related to the provision of state services is: 8-800-080-7777, 1414. The Service Recipient has the opportunity to receive the state service in electronic form through the portal provided that he/she has an EDS. The service recipient has the opportunity to receive information about the procedure and status of the state service provision in the remote access mode through the "personal cabinet" of the portal, reference services of the service provider, as well as the Unified Contact Center 1414, 8 800 080 7777. Electronic request of third parties, subject to the consent of the person in respect of whom the information is requested, provided from the "personal account" on the portal, as well as through the subject's cellular subscriber number registered on the portal by transferring a one-time password or by sending a short text message as a response to the portal notification.

	Annex 3 to the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education”
	Form

Notification on provision of free meals

Footnote. Annex 3 - in the wording of the order of the Acting Minister of Science and Higher Education of RK from 29.03.2023 № 134 (enacted after the day of its first official publication).

In the organization of higher and (or) postgraduate education

______________________________________________________________

(Name of organization of higher and (or) postgraduate education)

This is to certify that ____________________________________________________________

(s)he (surname, name, patronymic (if any) is included in the list of students,

who are provided with free meals in 20__ - 20__ academic year.

"____"___________20___ ________________________________

(signature of the head of organization of higher and (or) postgraduate education)

	Annex 4 to the Rules for the provision of the state service “Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education”
	Form

Receipt of refusal to accept documents

Footnote. Annex 4 - in the wording of the order of the Acting Minister of Science and Higher Education of RK from 29.03.2023 № 134 (enacted after the day of its first official publication).

Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan

“On State services”, the State Corporation (indicate address) hereby refuses to accept documents on the provision of state service

"Provision of free meals for certain categories of citizens, as well as persons under guardianship (custody) and foster care, students and educatees of organizations of higher education" due to your submission of an incomplete set of documents according to the list provided by the order of state service and (or) due to expired validity period of the documents, namely:

Name of missing documents:

_______________________________________;

_______________________________________;

This receipt is executed in two (2) copies, one for each party. ________________________________________________ ___________

(surname, name, patronymic (if any) (signature) of the State Corporation worker)

____________________________________________________________________

Received by: ________________________________________________ ___________

(surname, name, patronymic (if any) (signature of the service recipient)

"___" _________ 20__.

Annex 2 to order of the Minister of Education and Science of the Republic of Kazakhstan № 180 dated May 4, 2020

List of orders of the Minister of Education and Science of the Republic of Kazakhstan that are no longer in force

1. Order of the Minister of Education and Science of the Republic of Kazakhstan № 396 dated August 7, 2017 “On Approval of the Public Service Standard “Providing Free Meals to Certain Categories of Citizens, as well as Persons under Guardianship (Custody) and Foster Care, Students and Educatees of Technical and Vocational, Post-Secondary and Higher Education” (registered with the Register of State Registration of Regulatory Legal Acts under № 15744, published on October 10, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan);

2. Order of the Minister of Education and Science of the Republic of Kazakhstan №124 dated April 2, 2018 “On Amending Order of the Minister of Education and Science of the Republic of Kazakhstan № 396 dated August 7, 2017 “On Approval of the Public Service Standard “Providing Free Meals to Certain Categories of Citizens, as well as Persons under Guardianship (Custody) and Foster Care, Students and Educatees of Technical and Vocational, Post-Secondary and Higher Education” (registered with the Register of State Registration of Regulatory Legal Acts under № 16806, published on May 11, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan);

3. Order of the Minister of Education and Science of the Republic of Kazakhstan № 64 dated February 8, 2019 “On Amending Order of the Minister of Education and Science of the Republic of Kazakhstan № 396 dated August 7, 2017 “On Approval of the Public Service Standard “Providing Free Meals to Certain Categories of Citizens, as well as Persons under Guardianship (Custody) and Foster Care, Students and Educatees of Technical and Vocational, Post-Secondary and Higher Education” (registered with the Register of State Registration of Regulatory Legal Acts under № 18299, published on April 3, 2019 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).