Unofficial translation
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", DECREE:
1. Approve the attached Rules for the provision of the public service "Privatization of dwellings from the state housing stock".
2. The Committee for Construction, Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. To impose control over the execution of this order on the supervising Vice Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. This Order shall be enforced ten calendar days after the day of its first official publication.
|
Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan |
K. Uskenbaev |
"AGREED"
Ministry of Finance
of the Republic of Kazakhstan
"AGREED"
Ministry of Digital
Development, Innovation and
Aerospace Industry
of the Republic of Kazakhstan
| Approved by order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 12, 2021 No. 437 |
Rules for the provision of the public service "Privatization of dwellings from the state housing stock"
Chapter 1. General Provisions
1. These Rules for the provision of public services "Privatization of dwellings from the state housing stock" (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and determine the procedure for the provision of public services " Privatization of dwellings from the state housing stock” (hereinafter referred to as the public service).
2. The public service is provided free of charge to individuals (hereinafter referred to as the service recipient) by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, district, city of regional significance (hereinafter referred to as the service provider) in accordance with the requirements of the Law of the Republic of Kazakhstan "On Housing Relations", Decree of the Government of the Republic of Kazakhstan dated July 2, 2013 No. 673 “On approval of the Rules for the privatization of dwellings from the state housing stock” (hereinafter referred to as the Decree) and these Rules.
Chapter 2. The procedure for the provision of public services
3. To receive a public service, the service recipient submits to the non-profit joint stock company " State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) or through the web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal), an application in the form according to Appendix 1 or Appendix 2 to these Rules, with the documents specified in paragraph 8 of Appendix 3 to these Rules of the public service standard "Privatization of dwellings from the state housing stock" (hereinafter referred to as the Public Service Standard).
The list of basic requirements for the provision of a public service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of a public service, is set out in the Public Service Standard .
4. The service provider registers the application and documents on the day they are received.
If the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the acceptance of the application and the issuance of the result of the provision of the public service is carried out on the next business day. The State Corporation ensures the delivery of documents to the service provider on the day they are received.
5. When accepting documents through the State Corporation, the service recipient is issued a receipt confirming the acceptance of the relevant documents.
In the State Corporation, the issuance of ready-made documents is carried out on the basis of a receipt, upon presentation of an identity document of the service recipient or from the digital document service (for identification) (or his representative by notarized power of attorney).
When receiving documents through the State Corporation, an employee of the State Corporation shall identify the identity of the service recipient and reproduce electronic copies of the documents, after which they return the originals to the service recipient.
When the service recipient submits all the necessary documents through the portal, the status of acceptance of the request for the provision of the public service is displayed in the “personal account” of the service recipient, indicating the date of receipt of the result of the public service.
On the portal, the result of the provision of a public service is sent to the “personal account” of the service recipient in the form of an electronic document signed with an electronic digital signature by the head of the service provider.
Information about the identity documents of the service recipient contained in the state information systems, the service recipient receives from the relevant state information systems through the e-government gateway or from the digital document service.
The service recipient consents to the use of information constituting a secret protected by law , contained in information systems, in the provision of public services, in the form submitted to the State Corporation, unless otherwise provided by the laws of the Republic of Kazakhstan.
6. The term for the provision of public services:
1) when privatizing dwellings from the communal housing stock:
the first and second stages: the decision of the housing commission on the privatization of the dwelling within 30 (thirty) calendar days from the date the documents were provided by the service recipient;
the third stage: the conclusion of an agreement on the privatization of a dwelling between the service provider and the service recipient within 5 (five) working days.
2) when privatizing dwellings from the housing stock of a communal state institution or a communal state enterprise:
the first and second stages: the decision of the housing commission on the privatization of the dwelling within 30 (thirty) calendar days from the date the documents were provided by the service recipient;
third stage: the transfer of a dwelling from the housing stock of a communal state institution or a communal state enterprise to a communal housing stock, including state registration with the registering body of title documents for a dwelling, is carried out within 15 (fifteen) calendar days from the date of the decision to privatize the dwelling;
the fourth stage: the conclusion of an agreement on the privatization of a dwelling between the service provider and the service recipient within 5 (five) working days.
3) when privatizing dwellings from the housing stock of a republican state institution or a republican state enterprise:
the first and second stages: the decision of the housing commission on the privatization of the dwelling within 30 (thirty) calendar days from the date the documents were provided by the service recipient;
third stage: transfer of housing from republican to communal ownership after the decision on privatization is made within 30 (thirty) calendar days:
adoption of a decision by the authorized body for state property management, agreed with the authorized body of the relevant industry, managing the republican legal entity on whose balance sheet the transferred dwelling is located, on the basis of a petition from the akim of the region, city of republican significance, the capital within 15 (fifteen) calendar days from the date adoption by the housing commission of a decision on the privatization of housing;
signing of the deed of transfer by authorized officials of the transferring and receiving parties and approval of the deed of transfer by the head of the territorial subdivision of the authorized body for state property management (Deputy Chairman of the National Bank of the Republic of Kazakhstan) and the executive body financed from the local budget, authorized to dispose of communal property, or the office of the city akim district significance, village, township, rural district , and state registration with the registration authority of title documents for housing within 15 (fifteen) calendar days from the date of making decisions on housing;
the fourth stage: the conclusion of an agreement on the privatization of a dwelling between the service provider and the service recipient within 5 (five) working days.
In cases where the service recipient submits an incomplete package of documents in accordance with the list provided for by the Public Service Standard, and (or) expired documents, the service provider rejects the application within 2 (two) business days.
7. The result of the provision of public services:
1) when privatizing dwellings from the communal housing stock, from the housing stock of a communal state institution or a communal state enterprise:
- the decision of the housing commission on the privatization of the dwelling or a reasoned refusal;
- an agreement on the privatization of a dwelling between the service provider and the service recipient.
2) when privatizing dwellings from the housing stock of a republican state institution or a republican state enterprise:
- the decision of the housing commission on the privatization of the dwelling or a reasoned refusal;
- transfer deed;
- an agreement on the privatization of a dwelling between the service provider and the service recipient.
8. After the conclusion of the agreement (electronic) on the privatization of the dwelling, within 30 (thirty) calendar days, the cost of the dwelling, payable to the local budget, is paid, except for the cases specified in paragraph 23 of the Decree .
In case of gratuitous acquisition of the ownership of a dwelling, payment is not made.
9. Stages and list of documents required for the provision of public services:
1) when privatizing dwellings from the communal housing stock:
the first stage is the provision by the service recipient of the documents specified in clause 8 of the Public Service Standard;
the second stage is the adoption by the housing commission of a decision on the privatization of housing from the state housing stock, including:
consideration by the service provider of the documents of the service recipient for completeness and their compliance with the requirements of the Law , the Decree and these Rules;
the formation by the service provider of the composition of the housing commission of the local executive body (state enterprise or state institution) for voting and making a decision by the housing commission on the privatization of a dwelling or making a reasoned refusal;
registration and signing by the service provider of the decision of the housing commission on the privatization of housing;
receipt by the service provider of information about the registered rights (encumbrances) to housing from the communal housing stock and the technical characteristics of the housing;
the third stage is the conclusion of an agreement on the privatization of a dwelling between the service provider and the service recipient.
2) when privatizing dwellings from the housing stock of a communal state institution or a communal state enterprise, they are similar to subparagraph 1) of this paragraph.
The transfer of a dwelling place from the housing stock of a communal state institution or a communal state enterprise to a communal housing stock is carried out within 15 (fifteen) calendar days from the date of the decision to privatize the dwelling in the following order:
signing of the act of acceptance and transfer of housing (transfer act) by authorized officials of the transferring and receiving parties and approval of the transfer act by the head of the executive body financed from the local budget, authorized to dispose of communal property, or the akim's office of the city of district significance, village, township, rural district;
state registration in the registering body of title documents for housing;
receipt by the service provider of information about the registered rights (encumbrances) to housing from the communal housing stock and the technical characteristics of the housing.
3) when privatizing dwellings from the housing stock of a republican state institution or a republican state enterprise:
the first stage is the provision by the service recipient of the documents specified in clause 8 of the Public Service Standard;
the second stage is the adoption by the housing commission of a decision on the privatization of housing from the state housing stock, including:
consideration by the service provider of the documents of the service recipient for completeness and their compliance with the requirements of the Law , the Decree and these Rules;
the formation by the service provider of the composition of the housing commission of the local executive body (state enterprise or state institution) for voting and making a decision by the housing commission on the privatization of a dwelling or making a reasoned refusal;
registration and signing by the service provider of the decision of the housing commission on the privatization of housing;
third stage is the transfer of housing from republican to communal ownership, including:
sending a petition from the akim of the region, the city of republican significance, the capital to the authorized body for state property management;
adoption of a decision by the authorized body for state property management, agreed with the authorized body of the relevant industry, which manages the republican legal entity, on the balance sheet of which the transferred dwelling is located, on the basis of a petition from the akim of the region, city of republican significance, the capital;
signing of the transfer deed by authorized officials of the transferring and receiving parties and approval of the transfer deed by the head of the territorial subdivision of the authorized body for state property management (Deputy Chairman of the National Bank of the Republic of Kazakhstan) and the executive body financed from the local budget, authorized to dispose of communal property, or the office of the city akim district significance, village, settlement, rural district;
state registration in the registering body of title documents for housing;
receipt by the service provider of information about the registered rights (encumbrances) to housing from the communal housing stock and the technical characteristics of the housing;
the fourth stage is the conclusion of an agreement on the privatization of a dwelling between the service provider and the service recipient.
The list of documents required for the provision of public services:
1) an application for the privatization of the occupied dwelling, signed by all adult members of the tenant's family;
2) copies of the certificate of marriage (dissolution), death of family members, birth of children (as necessary, in the absence of information in the information system);
3) a tenancy agreement or a housing order;
4) in cases of recognizing other persons as family members of the service recipient, the latter are provided with a copy of the court decision on recognizing them as family members of the service recipient;
5) citizens belonging to socially vulnerable segments of the population additionally provide copy document confirming _ belonging of the service recipient (family) to socially vulnerable segments of the population;
6) citizens belonging to the category of civil servants, employees of budgetary organizations, military personnel, employees of special state bodies, judges and persons holding public elected positions, additionally provide a copy of a certificate from the place of work (service) or a copy of a document confirming the work activity of the employee;
7) cosmonaut candidates, cosmonauts provide a copy of the document confirming their status, which is assigned by the Government of the Republic of Kazakhstan;
8) a document confirming the absence of debt under a housing rental agreement;
9) in the case of privatization in accordance with paragraph 8 of the Rules - a copy of a document confirming belonging to the category of citizens entitled to free ownership of a dwelling from the state housing stock.
Information of documents, certificates of marriage or divorce (after June 1, 2008), death (after August 13, 2007), birth of children (after August 13, 2007), information on the presence or absence of housing (in the Republic of Kazakhstan), belonging to them by right of ownership, information about the address, a court decision on recognizing other persons as members of the family of the service recipient , documents confirming belonging the service recipient to socially vulnerable segments of the population, the service provider receives for all family members from the relevant state information systems through the e-government gateway.
When providing a public service, it is not allowed to demand from service recipients documents and information that can be obtained from information systems.
10. In case of motivated remarks by the service recipient on the submitted documents, the contractor of the service provider within 15 (fifteen) calendar days in accordance with Article 73 of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan (hereinafter referred to as the APPC RK) sends the service recipient a notification of a preliminary decision to refuse to provide a public service, as well as the time and place of the hearing in order to express to the service recipient the position on the preliminary decision.
Objections of the service recipient on a preliminary decision are accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the housing commission decides on the privatization of the dwelling or forms a reasoned refusal to provide public services.
11. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law.
Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider on the provision of public services
12. A complaint against the decision, actions (inactions) of the service provider on the provision of public services may be filed in the name of the head of the service provider, the authorized body in charge of housing relations (hereinafter referred to as the authorized body), to the authorized body for assessing and monitoring the quality of provision public services in accordance with the legislation of the Republic of Kazakhstan.
If a complaint is received in accordance with paragraph 4 of Article 91 of the APPC RK, the service provider sends it to the body considering the complaint within 3 (three) business days from the date of its receipt. The complaint is not sent by the service provider to the body considering the complaint in the event of the adoption of a favorable act, the performance of an administrative action that fully satisfies the requirements specified in the complaint.
13. The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:
service provider, authorized body - within 5 (five) working days from the date of its registration;
by the authorized body for assessing and monitoring the quality of the provision of public services - within 15 (fifteen) working days from the date of its registration.
14. The term for considering a complaint by a service provider, an authorized body, an authorized body for assessing and monitoring the quality of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days in cases of need:
1) conducting an additional study or inspection on the basis of a complaint or an on-site inspection;
2) obtaining additional information.
In the event of an extension of the term for considering a complaint, the official authorized to consider complaints, within 3 (three) business days from the date of the extension of the term for considering a complaint, informs in writing (when filing a complaint on paper) or in electronic form (when filing a complaint in electronic form) to the service recipient who filed the complaint, on the extension of the period for considering the complaint, indicating the reasons for the extension.
15. Unless otherwise provided by the laws of the Republic of Kazakhstan, an appeal in court is allowed after an appeal in the administrative (pre-trial) procedure in accordance with paragraph 5 of Article 91 of the APC RK.
Statement
I ask you to allow the privatization of the apartment occupied by me in accordance with the
rental (lease) agreement dated "___" _____20__, No. ____ at the address: _______________
free of charge, since I am _____________________________________________________.
__________________________________________________________________________
(Name - in full) (ID document number, when and by whom it was issued,
individual identification number)
Applications: ____________________.
(Consent is expressed by all adult family members)
I, ________________________________________________________________________,
(full name, degree of relationship, number of identity document, when and by whom issued,
individual identification number) agree (to) to privatize an
apartment in the name of _______________________________________________ at the address:
(full name) ____________________________________________________________ free of charge.
We confirm the accuracy of the information provided, are aware of the responsibility for providing false information in accordance with the legislation of the Republic of Kazakhstan and give consent to the use of information constituting a legally protected secret, as well as to the collection, processing, storage, uploading and use of personal data and other information.
Signed and sent by the service recipient: at ___ hours "__" _____ 20__.
Data from the EDS of the service recipient and adult family members:
date and time of signing the EDS.
Notice of acceptance of the application:
Accepted by the service provider: at ___ hours "__" ______ 20__:
Data from the EDS of the service provider:
date and time of signing the EDS.
Statement
I ask you to allow the privatization of the apartment occupied by me and my family
in accordance with the rental (lease) agreement dated "___" _____20__ No. ____ at the address:
____________________________ by redemption at the residual value (or in installments
for a period of ___ (up to ten years), in equal amounts, the initial contribution ____________
(not less than 30%)
__________________________________________________________________________
(Full name) (ID document number, when and by whom it was issued.
individual identification number)
Applications: ____________________.
(Consent is expressed by all adult family members)
I, ___________________________________________________________________,
(full name, degree of relationship, ID document number, when and by whom issued,
individual identification number) agree (to) to privatize an
apartment in the name of __________________________________________________ at the address:
(full name) ______________________________________ on the above conditions.
We confirm the accuracy of the information provided, are aware of the responsibility for providing false information in accordance with the legislation of the Republic of Kazakhstan and give consent to the use of information constituting a legally protected secret, as well as to the collection, processing, storage, uploading and use of personal data and other information.
Signed and sent by the service recipient: at ___ hours "__" _____ 20__.
Data from the EDS of the service recipient and adult family members:
date and time of signing the EDS.
Notice of acceptance of the application:
Accepted by the service provider: at ___ hours "__" ______ 20__:
Data from the EDS of the service provider:
date and time of signing the EDS.
| Appendix 3 to the Rules for the provision of public services "Privatization of dwellings from the state housing stock" |
