LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 10, 2018 No. 131-VI ZRK

About Fund of compensation by the victim

This Law determines the legal, economic, social and organizational basis aimed at providing payment of compensation by the victim for separate structures of criminal offenses.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) person given the victim's rights - legal representatives and the victim's representatives, legal successors according to the Code of penal procedure of the Republic of Kazakhstan;

2) Fund of compensation by injured - the control account of cash opened in the central authorized body on budget implementation for transfer of receipts of money and carrying out payment of compensation by the victim according to the procedure, stipulated by the legislation the Republic of Kazakhstan about Fund for compensation by the victim;

3) compensation - lump sum payment of money according to the procedure, established by this Law, to person recognized as the victim according to the Code of penal procedure of the Republic of Kazakhstan;

4) recourse requirements - the measures taken by bodies of prosecutor's office concerning the faces specified in article 11 of this Law, for providing refund paid to the victims as compensation.

Article 2. Legislation of the Republic of Kazakhstan on Fonda of compensation by the victim

1. The legislation of the Republic of Kazakhstan on Fonda of compensation by the victim is based on the Constitution of the Republic of Kazakhstan, consists of Criminal, Criminal procedure, Criminal and executive and Budget codes of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 2-1. Purpose and task of regulation of this Law

1. The purpose of regulation of this Law is protection of the rights, freedoms and legitimate interests of the criminal offenses which were injured on separate structures.

2. Task of regulation of this Law is ensuring payments of compensation by the victim for separate structures of criminal offenses.

Article 3. Basic principles of payment of compensation by the victim

Payment of compensation by the victim is based on the principles:

1) legality;

2) observance of the rights, freedoms and legitimate interests of man and citizen;

3) availability.

Article 4. Powers of the state bodies performing functions of criminal prosecution

The state bodies performing functions of criminal prosecution:

1) explain to the victim the right to compensation according to the procedure, the established legislation of the Republic of Kazakhstan on Fund of compensation by the victim;

2) request information necessary for decision making on purpose of compensation;

3) in the presence of the bases appoint compensation according to the procedure, the established legislation of the Republic of Kazakhstan on Fund of compensation by the victim;

4) keep the centralized register of receivers of compensation;

5) represent the centralized register of receivers of compensation to the central authorized body on budget implementation monthly to the fifteenth, following decision about purpose of compensation;

6) are developed and approve the joint regulatory legal act regulating questions of return of unreasonably paid compensation.

Article 5. Powers of the central authorized body on budget implementation

The central authorized body on budget implementation:

Develops 1) and approves form of the centralized register of receivers of compensation and procedure for its representation;

2) creates payment documents based on the centralized register of receivers of compensation;

3) performs payment of compensation from Fund of compensation by the victim according to the procedure, the established legislation of the Republic of Kazakhstan on Fund of compensation by the victim.

Chapter 2. Payment procedure of compensation by the victim

Article 6. The victims having the right to compensation

1. Compensation is appointed:

1) the minor who is the victims on the crimes connected with sexual violence, to persons recognized as the victims on the crimes connected with human trafficking and tortures:

on cases on the criminal offenses provided by Articles 116 (parts one, second and third) (regarding crime execution by criminal group), 120 (Item 1) parts 3-1, Items 1) and 3) parts 3-2 and part four), 121 (Item 1) parts 3-1, Items 1) and 3) parts 3-2 and part four), 123 (part two), 124, 125 (Item 2) parts three), 126 (Item 2) parts three), 128 (parts one, second, third and Item 1) parts four), 134, 135 (parts one, second, third and Item 1) parts four), 146 (parts one and the second) and 308 Criminal Codes of Kazakhstan;

2) to persons to whom the severe harm is done to health or the infected human immunodeficiency virus (HIV/AIDS):

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