RESOLUTION OF THE MINISTRY OF DEFENCE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF EMERGENCY SITUATIONS OF THE REPUBLIC OF UZBEKISTAN, SERVICE OF THE HOMELAND SECURITY OF THE REPUBLIC OF UZBEKISTAN

of May 12, 2006 No. 6, on May 12, 2006 No. 3, on May 12, 2006 No. 1/4-528, 12 of May, 2006 No. 47

About approval of Provisional regulations for liability of the military personnel for the damage caused to the state

For the purpose of enhancement and forming of regulatory framework of reforming of Armed Forces of the Republic of Uzbekistan we decide:

1. Approve the enclosed Provisional regulations for liability of the military personnel for the damage caused to the state.

2. This resolution becomes effective in ten days after its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the resolution of the Ministry of Defence, Ministry of Internal Affairs, Ministry of Emergency Situations, Service of homeland security of the Republic of Uzbekistan of May 12, 2006 No. 6, No. 3, No. 1/4-528, No. 47

Provisional regulations for liability of the military personnel for the damage caused to the state

I. General provisions

1. These Provisional regulations extend to the military personnel of bodies and troops of the Ministry of Defence, Ministry of Internal Affairs, Ministry of Emergency Situations and Service of homeland security of the Republic of Uzbekistan, to cadets of military educational institutions and persons liable for call-up called on charges.

These Provisional regulations extend also to the military personnel directed in accordance with the established procedure to work in other ministries and departments of the Republic of Uzbekistan.

2. The military personnel undergoing active duty in Armed Forces of the Republic of Uzbekistan at the call of or under the contract on positions of the private, sergeant and officers, and also the persons liable for call-up guilty of damnification called on military charges to the state in case of execution of the service duties provided by army regulations, orders and other acts by them bear financial responsibility according to these Provisional regulations.

These persons bear liability for the damage caused not on duty according to the procedure, established by the legislation of the Republic of Uzbekistan.

3. The direct valid loss caused to the state except the cases provided by other acts of the legislation of the Republic of Uzbekistan is subject to compensation.

Military personnel and persons liable for call-up called on charges do not bear financial responsibility when the damage is caused owing to fair execution of the order of the commander (chief) or the office risk justified in these specific conditions, or is caused by lawful actions.

4. Compensation of damage by the military personnel and the persons liable for call-up called on charges is made irrespective of attraction them to disciplinary or criminal liability for action (failure to act) to which the damage to the state is caused.

In case of criminal prosecution of person which caused damage to the state, the commander (chief) makes to it the civil action on full amount of uncompensated damage.

5. Military personnel and persons liable for call-up called on charges who caused damage to the state can compensate voluntarily it fully or partially.

II. Financial responsibility

6. Military personnel and persons liable for call-up called on charges bear financial responsibility in complete extent of the damage caused on their fault to the state in cases of intentional destruction, damage, spoil, plunder, shortage, illegal expenditure of military property (arms, military and other equipment, ammunition, fuel, food, ware, engineering, chemical, room property, others material and the money which is under authority of military units, organizations, military educational institutions, companies and organizations) or damnifications by other intentional actions irrespective of whether they contain signs of the acts pursued in criminal procedure.

7. Military personnel and the persons liable for call-up guilty of plunder, shortage and above-standard losses of currency values, jewelry and other household products called on charges from precious metals and gemstones and scrap of such products, bear financial responsibility according to the legislation.

8. Commanders (chiefs) for the damage caused to the state by their subordinates are brought to financial responsibility in the amount of the caused damage, but not over one monthly salary of monetary pay when these commanders (chiefs) the wrong orders broke established procedure of accounting, storages, uses, expenditures and transportations of military property, did not take necessary measures to prevention of plunder, shortage, destruction, damage and spoil of military property, compensation by perpetrators of the damage caused to the state.

9. The military personnel, bears liability for the damage caused on their fault by wagon demurrages and cars in complete extent of the caused damage.

10. Commanders (chiefs) of military units, organizations, military educational institutions, companies and organizations guilty of wrongful dismissal or transfer of the worker or employee for other work, completely indemnify the loss caused in connection with payment for time of induced truancy or during accomplishment of below-paid work. They bear such responsibility if dismissal or transfer are made with explicit violation of the law or if they detained execution of the decision of the commander (chief), higher according to the procedure of subordination, or court about recovery of the worker or employee at work.

11. Military personnel and persons liable for call-up called on charges in case of causing on their fault of the loss to the third parties indemnified according to the legislation military unit, organization, military educational institution, the company and the organization shall indemnify this loss according to the procedure, provided by these Provisional regulations.

III. Damage assessment and procedure for its compensation

12. The extent of the damage caused to the state is determined by the actual losses based on data of accounting, proceeding from market prices of the moment of identification of damage.

Cost determination of arms (automatic machines, guns, guns and other military and technical property) is made by the relevant commission of higher dovolstvuyushchy body.

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