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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 9, 2016 No. 685

About approval of Rules of establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism

According to Item 3 of article 9 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism.

2. This resolution becomes effective since January 1, 2017 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of November 9, 2016 No. 685

Rules of establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism

1. General provisions

1. These rules of establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism (further - Rules) are developed according to Item 3 of article 9 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism" and determine procedure for establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism.

2. Payment of remuneration is made at the expense of the budgetary funds provided to authorized state body on coordination of activities in the sphere of counteraction to terrorism (further - authorized body) for the corresponding financial year on these purposes.

2. Procedure for establishment and payment of remuneration for information which helped to prevent or stop the act of terrorism

3. Remuneration is paid to persons who gave information which helped to prevent or stop the act of terrorism authorized body.

Remuneration is paid one-timely and established in the following procedure:

1) on the criminal cases about the act of terrorism provided by parts one and the second article 255 of the Criminal Code of Kazakhstan of July 3, 2014 (further - UK), - 750 (seven hundred fifty) monthly settlement indicators (further - MRP);

2) on the criminal cases about the act of terrorism provided by parts three and the fourth article 255 UK - 1000 (one thousand) MRP.

In case of refusal from remuneration, person who gave information which helped to prevent or stop the act of terrorism submits to territorial authority of authorized body (further - territorial authority) the corresponding statement.

4. Remuneration is paid to person who gave information which helped to prevent or stop the act of terrorism if concerning the perpetrator:

1) the conviction or the court order about application of enforcement power of medical nature according to Article 521 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 took legal effect (further - the Code of Criminal Procedure);

2) the decree on the termination of criminal case on the bases provided by subitems 9), 11) and 12) of part one of article 35 Code of Criminal Procedure is issued.

5. The territorial authority within three working days notifies person who gave information which helped to prevent or stop the act of terrorism, about emergence of the right to remuneration.

Person who gave information which helped to prevent or stop the act of terrorism provides in territorial authority at the place of residence the documents specified in subitems 2), 4) and 5) of Item 6 of these rules.

6. Territorial authority within ten working days from the date of emergence of the right to remuneration according to Item 4 of these rules are created and go to the structural division of authorized body determined by the chairman of authorized body (further - authorized division), the following documents:

1) petition of territorial authority;

2) copy of back of the coupon notification;

3) the copy of the conviction which took legal effect or court orders about application of enforcement power of medical nature or the copy of the resolution on the termination of criminal case on the bases provided by subitems 9), 11) and 12) of part one of article 35 Code of Criminal Procedure;

4) the copy of the identity document of person who gave information which helped to prevent or stop the act of terrorism, with indication of individual identification number;

5) the original of the reference of bank of the second level with indication of the current bank account of person who gave information which helped to prevent or stop the act of terrorism. In case of lack of the current bank account, person independently opens the current bank account in any bank of the second level.

7. The authorized division within ten working days from the date of receipt of all necessary documents checks them for completeness and reliability and prepares the draft of the order of authorized body on remuneration payment to person who gave information which helped to prevent or stop the act of terrorism.

In case of identification in verification process of shortcomings and inaccuracies in document creation the authorized division returns in territorial authority the documents specified in Item 6 of these rules for elimination of mistakes and the simultaneous notification of person who gave information which helped to prevent or stop the act of terrorism, about the reasons and terms of payment delay of remuneration.

The territorial authority after remedial action and inaccuracies repeatedly sends till ten days the documents specified in Item 6 of these rules to authorized division.

8. After the publication of the order of authorized body on payment of remuneration by territorial authority remuneration payment to person who gave information which helped to prevent or stop the act of terrorism, through territorial subdivisions of treasury on its current bank account in bank of the second level within sixty calendar days from the date of the publication of the order on remuneration payment is performed.

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