of January 24, 2020 No. 2
About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan under the penal and criminal procedure legislation
1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:
1. "About practice of application of the legislation on indemnification caused by illegal actions of the bodies conducting criminal procedure" of July 9, 1999 No. 7 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of June 25, 2010 No. 6, of March 31, 2017 No. 3):
Item 10 to state 1) in the following edition:
"10. In full of property harm, elimination of the effects of moral harm caused as a result of illegal actions of the bodies conducting criminal procedure persons specified in article 38 Code of Criminal Procedure have the right to compensation.
The requirement about compensation of the property harm done as a result of illegal actions of the bodies conducting criminal procedure directed within six months from the date of receipt of the notice explaining procedure for recovery of the rights is considered by court according to the procedure, the stipulated in Article 40 Codes of Criminal Procedure.
If six-months term for submission of the requirement about compensation of property harm was passed and not recovered, then person has the right to appeal with the claim to court according to the procedure of civil legal proceedings.
Compensation claims of the moral harm done by illegal actions of the bodies conducting criminal procedure can be shown only according to the procedure of civil legal proceedings.
By consideration of claims courts should recognize that the right to compensation of property and moral harm arises based on responsibility of the state, irrespective of fault of the bodies conducting criminal procedure, both their officials, and harm it is compensated from budgetary funds.";
To add 2) with Item 10-1 of the following content:
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