On approval of the Rules for provision of public services "Registration and priority, as well as the local executive bodies’ decision on provision of housing to citizens in need of housing from the state housing stock or housing rented by the local executive body in private housing stock"

Invalidated

Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 13, 2021 No. 441. Registered in the Ministry of Justice of the Republic of Kazakhstan on August 19, 2021 No. 24039. Abolished by Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated December 27, 2023 No. 168

Unofficial translation

A footnote. Abolished by Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated December 27, 2023 No. 168 (effective ten calendar days after the date of its first official publication).

In accordance with subparagraph 4 of Article 10-2 of the Law of the Republic "On Housing Relations" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", I HEREBY ORDER:

1. To approve the attached Rules for provision of public services "Registration and priority, as well as the local executive bodies’ decision to provide housing to citizens in need of housing from the state housing stock or housing rented by a local executive body in a private housing stock."

2. Recognize as invalid some orders in accordance with the appendix to this order.

3. The Committee for construction and housing and communal services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, 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) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.

4. To impose control over the execution of this order on the supervising Vice Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.

5. This order comes into force ten calendar days after the day of its first official publication.

Acting Minister of industry and infrastructure development of the Republic of Kazakhstan K.

Uskenbayev

"AGREED"
Ministry of digital development,
innovations and airspace industry of the
Republic of Kazakhstan

Approved by the acting Minister of industry and infrastructure development of the Republic of Kazakhstan dated August 13, 2021 № 441

The Rules
for provision of public services "Registration and priority, as well as the local executive bodies’ decision on provision of housing
to citizens in need of housing from the state housing stock or housing rented by a local executive body in private housing stock"

Chapter 1. General provisions

1. These Rules for provision of public services “Registration of citizens of the Republic of Kazakhstan in need of housing from the state housing stock or housing rented by a local executive body in a private 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 provision of public services “Registration and priority, as well as the local executive bodies’ decision to provide housing to citizens in need of housing from the state housing stock or housing rented by a local executive body in the private housing stock” from the state housing stock (hereinafter referred to as the public service).

The public service is provided by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, district, town of regional significance, performing functions in the field of housing relations (hereinafter referred to as the service provider) in accordance with these Rules.

2. The public service is provided free of charge to individuals (hereinafter referred to as the service recipient).

Chapter 2. Procedure for provision of public service

3. To receive a public service, the service recipient sends an application to the service provider through the web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal) in the form, in accordance with Appendix 1 to these Rules, as well as the documents provided for in paragraph 8 of the Public Service Standard "Registration and priority, as well as the local executive bodies’ decision on provision of housing to citizens in need of housing from the state housing stock or housing rented by a local executive body in a private housing stock” (hereinafter referred to as the Public Service Standard).

4. The list of basic requirements for provision of public services, 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 public services, is set out in accordance with Appendix 2 to these Rules in the form of a Public Service Standard.

5. For registration of citizens of the Republic of Kazakhstan in cities of republican significance, the capital, permanent residence for at least 3 (three) years is required.

6. The service recipient, in order to receive the public service through the portal, forms an application in the form of an electronic document (request of the service recipient) certified (signed) by an electronic digital signature (hereinafter referred to as the EDS).

7. The service provider registers the application on the day of its receipt.

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 are carried out on the next working day.

The status of acceptance of the request for a public service is sent to the “personal account” to the service recipient, indicating the date of receipt of the result of the public service.

8. The service provider considers the application no later than 15 (fifteen) working days from the date of its receipt in the information system "Unified national system for registering people on the waiting list".

9. Information about identity documents, certificates of marriage or divorce, death, birth of children, certificates of the presence or absence of a housing (in the Republic of Kazakhstan) owned by them, information about the address, a court decision on recognizing other persons as members of the family of the service recipient, documents confirming that the service recipient belongs to socially vulnerable groups of the population, civil servants, employees of budgetary organizations, information on income that is taxed is provided to the service provider for all family members from the relevant state information systems through the e-government gateway.

10. From the moment of registration of the application by the service provider, the head of the authorized body sends the application for execution to the employee of the responsible structural unit.

An employee of the responsible structural unit of the service provider, within 2 (two) working days from the date of registration of the application, checks the completeness of the submitted documents in accordance with the list provided for by the Public Service Standard.

In the event that the service recipient submits an incomplete package of documents or the lack of information necessary for the provision of a public service in accordance with these Rules, an employee of the responsible structural unit of the service provider sends the service recipient a notice of the non-compliance of the submitted package of documents within the specified timeframe, indicating the deadline for bringing them into compliance.

The term for bringing the documents specified in the notification into compliance is two working days.

11. In the event that within two working days from the date of receipt of the notification, the service recipient did not bring it into compliance with the norms of paragraph 10 of these Rules, the service provider sends a refusal to further consider the application in the form of an electronic document signed by the EDS of the head of the authorized body and sends it to the service recipient’ personal account in the portal.

When the service recipient provides a full package of documents, an employee of the responsible structural unit within 10 (ten) working days checks for compliance with state information systems through the information system "Unified National System for registering people on the waiting list" for permanent registration, confirmation of the service recipient's belonging to a category, the availability of income for socially vulnerable segments of the population, lack of housing on the basis of the right of ownership in the Republic of Kazakhstan, as well as if the service recipient has become needy as a result of a deliberate deterioration of his living conditions over the past five years. To update, change or supplement information, the service recipient submits to the portal an application in the form in accordance with Appendix 3 to these Rules, as well as the necessary documents provided for in paragraph 8 of the Public Service Standard, from the moment the grounds appear or receipt of an SMS notification on a mobile phone.

12. The term for consideration of documents and issuance of a notice of placing the service recipient in the queue for registration of those in need of housing from the communal housing stock is no later than 15 (fifteen) working days from the date of submission of the application.

Based on the results of consideration of the application, the service provider makes one of the following decisions:

1) a decision in the form of notification and sms - notification on a mobile phone about registration with an indication of the serial number of the queue;

2) or a reasoned refusal on the grounds set forth in paragraph 9 of the Public Service Standard, which is sent to the "personal account" of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.

When providing a public service, it is not allowed to demand from service recipients documents and information that can be obtained from information systems.

13. If there are grounds provided for in paragraph 9 of the Public Service Standard, an employee of the responsible structural unit of the service provider notifies the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing in order to be able to express to the service recipient the position on the preliminary decision.

Notification of the hearing is sent at least 3 (three) working days before the end of the term for the provision of the public service. The hearing is held no later than 2 (two) working days from the date of notification.

Based on the results of the hearing, a positive result or a reasoned refusal to provide the public service is sent to the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider on the provision of public services

14. Consideration of a complaint on the provision of public services is 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 is submitted to the service provider and (or) the official, whose decision, action (inaction) is appealed.

The service provider, the official whose decision, action (inaction) is being appealed, no later than 3 (three) working days from the date of receipt of the complaint, sends it and the administrative file to the body considering the complaint.

At the same time, the service provider, the official whose decision, action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if he makes a decision or other administrative action within 3 (three) working days that fully meets 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, is subject to consideration within 5 (five) working days from the date of its registration.

The complaint of the service recipient received by the authorized body for assessing and monitoring the quality of the provision of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.

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 Administrative Procedural Code of the Republic of Kazakhstan.

	Appendix 1 to the Rules for provision of public service "Registration and priority, as well as the local executive bodies’ decision on provision of housing to the citizens in need of the housing from the state housing stock or the housing rented by the local executive body in the private housing stock"
	Form
	Name of the structural unit of the local executive body of the cities Nur-Sultan, Almaty and Shymkent, district and town of regional significance, performing functions in the field of housing relations
	from citizen ___________ (surname, name, patronymic (if any), individual identification number (hereinafter referred to as IIN) __________________

Application

I ask you to register me for the provision of housing from the state housing stock /

housing rented by the local executive body in private housing stock in the amount

of ___ rooms in accordance with paragraph 1 of Article 75 of the Law of the Republic of Kazakhstan

"On Housing Relations" according to:

1) a list of records of those in need of housing from the communal housing stock

_____________________________________________________________________;

(name of the list in accordance with paragraph 2 of Article 74 of the Law)

2) category ______________________________________________________________;

3) composition of the family: ___________________________________________________________

(relation degree)

IIN: ___________________________________________;

4) information on additional income (for citizens belonging to socially vulnerable segments of the

population, with the exception of orphans, children left without parental care and families raising children with disabilities:

_________________________________________________________________________;

(income received in the form of wages (with the exception of taxable pension taxes), social payments;

from entrepreneurial and other types of activities; in the form of alimony for children and other dependents;

from personal subsidiary farming - household farming, including the maintenance of livestock and poultry,

gardening, horticulture; other income, name of income and amount for the last twelve months before applying);

5) information about the presence in the family of a woman who is pregnant for more than twenty-two weeks IIN:

________________________________________________________________________________________;

6) information about a child with a disability

IIN: ____________________________________________;

7) information about disability, the elderly, patients with cardiovascular and other serious diseases (underline as necessary)

IIN: _____________________________________________________;

8) information about a disability with musculoskeletal disorder

IIN: ____________________________________________________________;

9) information about the place of work:

______________________________________________________________________

(business identification number, for the list of citizens by categories of civil servants,

employees of budgetary organizations, military personnel, astronaut candidates, astronauts, employees

of special state bodies and persons holding public elected positions);

10) information about the guardian: __________________________________________________________

(IIN, number of the decision (guardianship), date of guardianship, decision-making body);

11) information about emergency housing: ____________________________________________

(type of real estate object, cadastral number, region, district, settlement, street, house, building, apartment);

12) consent or refusal in the distribution of housing that does not correspond to the square

area (less than required), completeness and number of floors: agree, disagree (underline as necessary).

13) phone number: __________________________________________________;

14) email address __________________________________________________________.

I do not object to checking whether or not I and my family members permanently living with

me in permanent use in this locality have a housing from the communal housing stock.

I agree to the use of information constituting a legally protected secret contained in information systems

"__" __________ 20__ __________________

(signature)

Appendix: 1. ________________;

2. ________________. ____________________

	Appendix 2 to the Rules for provision of public service "Registration and priority, as well as the local
	executive bodies’ decision on provision of housing to the citizens in need of the housing from the state housing stock or the housing rented by the local executive body in the private housing stock"

Public service standard "Registration and priority, as well as the local executive bodies’ decision on provision of housing to citizens in need of housing from the state housing stock or housing rented by a local executive body in private housing stock"
1	Name of the service provider	The public service is provided by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, district, town of regional significance, performing functions in the field of housing relations (hereinafter referred to as the service provider)
2	Ways to provide public services	Web portal of "electronic government" www.egov.kz
3	The term for provision of public service	The service provider considers the application no later than 15 (fifteen) working days from the date of its receipt in the information system "Unified national system of registration of persons on the waiting list"
4	Form of provision of public service	Electronic (fully automated)
5	The result of the provision of public service	Notification of registration indicating the serial number of the queue and SMS notification on a mobile phone or a reasoned refusal to provide public services in the cases and on the grounds provided for in paragraph 9 of this Public Service Standard
6	The amount of payment charged from the service recipient in the provision of public service, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan	Free of charge
7	Schedule	1) service provider - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.30, except for weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan with a lunch break from 13.00 to 14.30; 2) the portal - around the clock, with the exception of technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of the public service are issued on the next working day).
8	The list of documents required for provision of public service	1) an application for registration of citizens in need of housing from the communal housing stock in the form in accordance with Appendix 1 to these Rules; 2) military personnel, employees of special state bodies and persons holding state elective positions provide an electronic copy of a certificate from the place of work; 3) in cases where: the housing in which the family lives does not meet the established sanitary and epidemiological requirements, the service recipient additionally submits an electronic copy of the sanitary and epidemiological conclusion issued by the territorial subdivision of the authorized body in the field of sanitary and epidemiological welfare of the population based on the results of the sanitary and epidemiological examination conducted by the organization of the sanitary and epidemiological service; the housing in which the family lives does not meet the established technical requirements, the service recipient additionally submits an electronic copy of the technical report (based on the results of the technical examination of the housing) of a certified expert in the field of architecture, urban planning and construction activities; two or more families live in adjacent, non-isolated residential premises, the service recipient additionally submits copies of the technical passport and title document for the residential premises in which he lives; there are patients in the family who suffer from severe forms of certain chronic diseases, in which cohabitation with them in the same room (apartment) becomes impossible, the service recipient additionally submits a copy of the document confirming the corresponding type of disease; In the absence of data in the information system: citizens belonging to socially vulnerable segments of the population additionally provide a copy of the document confirming that the service recipient (family) belongs to socially vulnerable segments of the population, as well as information on income for the last twelve months for each family member (except for families with or raising disabled children, orphans, children left without parental care, veterans of the Great Patriotic War); In cases where other persons are recognized as members of the applicant's family, the latter submit the copies of the court decision recognizing them as members of the applicant's family; To update, change or supplement the information in documents specified in these Rules, the applicant submits to the State Corporation or to the portal an application in the form in accordance with Appendix 3 to these Rules, as well as the documents specified in this paragraph, within 15 (fifteen) working days from the date of the appearance of grounds or receipt of an sms - notification to a mobile phone. When providing a public service, it is not allowed to demand from service recipients documents and information that can be obtained from information systems.
9	Grounds for refusal to provide public service, established by the legislation of the Republic of Kazakhstan	1) revelation of the unreliability of the documents submitted by the service recipient for the receipt of the public service, and (or) the data (information) contained in them; 2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of public services with the requirements established by these Rules and Article 19-1 of the Law of the Republic of Kazakhstan "On Public Services".
10	Other requirements, taking into account the specifics of the provision of public service, including those provided in electronic form	1. The service recipient has the opportunity to receive public services in electronic form through the portal, subject to the availability of an EDS. 2. The service recipient has the opportunity to obtain information on the procedure and status of the provision of public services in the remote access mode through the "personal account" in the portal, the service provider's reference services, and the Unified Contact Center "1414", 8-800-080-7777. To receive public services in electronic form through the portal, subjects of receiving services in electronic form can use one-time passwords in accordance with the legislation of the Republic of Kazakhstan.

	Appendix 3 to the Rules for provision of public service "Registration and priority, as well as the local
	executive bodies’ decision on provision of housing to the citizens in need of the housing from the state housing stock or the housing rented by the local executive body in the private housing stock"
	Form
	Name of the structural unit of the local executive body of the cities Nur-Sultan, Almaty and Shymkent, district and town of regional significance, performing functions in the field of housing relations from citizen ___________(surname, name, patronymic (if any), individual identification number (hereinafter referred to as IIN) _________________

Application

I ask you to update, change or supplement my data or the data of my family members submitted earlier with an application for putting me on record for providing housing from a housing stock rented by a local executive body in a private housing stock in accordance with paragraph 1 of Article 75 of the Law of the Republic of Kazakhstan "On housing relations":

1. IIN of the applicant: _____________________;

2. IIN of a family member (for which data is updated): _______________________;

3. reason for changing, updating or supplementing the data and supporting document: _________________________________.

I do not object to checking whether or not I and my family members permanently living with me in permanent use in this locality have a housing from the communal housing stock.

I agree to the use of information constituting a legally protected secret contained in information systems "__" __________ 20__

__________________

(signature)

Appendix: 1. ________________;

2._________________. __________________________

(date, signature)

Appendix to the order of the acting Minister of industry and infrastructure development of the Republic of Kazakhstan dated August 13, 2021 № 441

List of invalid orders

1. Order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 11015).

2. Order of the Minister of National Economy of the Republic of Kazakhstan dated September 10, 2015 No. 635 “On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 12236).

3. Order of the acting Minister of the National Economy of the Republic of Kazakhstan dated January 20, 2016 No. 20 “On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 13167).

4. Order of the Minister of National Economy of the Republic of Kazakhstan dated June 7, 2016 No. 242 “On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 13933).

5. Order of the Minister for Investments and Development of the Republic of Kazakhstan dated June 22, 2017 No. 376 “On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 15387).

6. Order of the Minister for Investment and Development of the Republic of Kazakhstan dated December 22, 2017 No. 891 “On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 16287).

7. Order of the Minister for Investments and Development of the Republic of Kazakhstan dated June 22, 2018 No. 467 “On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 17178).

8. Order of the Minister for Investments and Development of the Republic of Kazakhstan dated December 21, 2018 No. 898 “On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 9, 2015 No. 319 “On approval of public service standards in the field of housing and communal services” (registered in the Register of state registration of regulatory legal acts under No. 18058).

9. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated July 15, 2019 No. 506 “On amendments to certain orders of the Minister of National Economy of the Republic of Kazakhstan and the Minister for Investment and Development of the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under No. 19054).