The new bill concerning housing relations in Kazakhstan was presented in the Senate

Posted: Samat Posted: 28 October 2014 12:30 Category: News of the Legislation of Kazakhstan Views: 710

The purpose of the bill is to introduce new formal elements (corpus delicti) of administrative violations in the sphere of housing relations - said Mr. Kairbek Uskenbaev, Vice Minister of RoK National Economy at the meeting of the Senate Committee on Economic Policy, Innovation Development and Entrepreneurship.

Amendments introduced to certain legislative acts of the Republic of Kazakhstan on issues related to housing relations imply the following:

  1. Introduction of new material elements of administrative offences in the sphere of housing relations;
  2. Introduction of a "budgetary organization" concept to determine the number of persons applying for public housing;
  3. Increasing transparency of activity of condominium administrative bodies;
  4. Elimination of declarative provisions, not bearing semantic and legal load.

Within the framework of the bill it is planned to introduce amendments and additions to the RoK Code of Administrative Offences. The Code is going to be supplemented with new corpus delicti in the sphere of housing and communal services, in respect of the administrative responsibility of administrative bodies of the condominium’s object.  The reviewing of administrative cases, as well as preparing of protocols on non-compliance with regulations and other legal requirements will be assigned to the competence of housing inspections of local executive bodies.

The Law "On Housing Relations" introduces the concept of "budgetary organizations". To date, the circle of persons belonging to employees of budget organizations is not specified in any statute of the Republic of Kazakhstan. When conducting an annual inventory of waiting lists, local executive bodies require to submit supporting documents, which however is not possible for this category of citizens.

The concept of "budgetary organizations" is introduced in order to determine the circle of persons who are entitled to claim the provision of housing from public housing stock.

The draft law also provides for the following measures:

  1. In order to enhance transparency of operation of condominiums’ administrative bodies, the owners shall be presented with a quarterly report on expenses for the maintenance of common assets in writing or in the form of an electronic document;
  2. Requirements are established for the mandatory fulfillment of national standards and technical regulations, for the purposes of quality provision of public services;
  3. Specification of the procedure for privatization of housing by citizens who participated in the coupon privatization.

Paragraph 9 of Article 13  of the Law "On Housing Relations" provides that citizens of the Republic of Kazakhstan shall have the right to privatize in the territory of the Republic only one dwelling from the state housing stock. However, it is well known that until 1996 the privatization of housing was carried out through the coupon mechanism. The bill specifies that the previously implemented privatization of housing through the coupon mechanism does not present a ground for denial of the right to privatize housing. It is also envisaged to state that citizens having a less than 50% share in the previously privatized housing shall not be restricted in exercising their right to privatize housing provided from the state housing stock.

  • In order to eliminate conflicts between the norms of existing legislation it is envisaged to grant the right for free privatization to victims of political repressions;
  • As an additional measure of social protection, on termination of ownership for the only dwelling, a possibility was proposed to persons belonging to vulnerable groups, to live in the housing provided by the local executive body during a period up to three months.

During the discussion of this clause by the working group, it was decided to impose a ban on eviction of vulnerable segments of the population during the heating season. Members of the working group of the Majilis of the Parliament of the Republic of Kazakhstan during the work on the bill discussed many topical issues related to provision of housing for our citizens. These proposals have found full support and provide for the following:

  1. Keeping the priority of large families until they receive housing from public housing stock;
  2. In order to eliminate conflicts with norms of the Law“Concerning benefits and social protection of participants, invalids of the Great Patriotic War and persons equated to them" a proposal was supported for granting a right of free ownership for housing from the public housing stock to family members of soldiers killed (deceased) in the performance of duties of military service in time of peace;
  3. Adoption of the quota of at least 20% for the distribution of flats among orphans and children left without parental care, while maintaining their unconditional right to housing.

 

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