of November 11, 2006 No. 664
About approval of Rules of payment of lump-sum allowances by the victim, to witnesses and other participants of criminal trial on whom the decision on implementation of the state protection is in accordance with the established procedure made
According to the Federal Law "About the State Protection of the Victims, Witnesses and Other Participants of Criminal Trial" Government of the Russian Federation decides:
1. Approve the enclosed Rules of payment of lump-sum allowances to the victims, witnesses and other participants of criminal trial on which the decision on implementation of the state protection is in accordance with the established procedure made (further - protected persons).
2. Determine that the Federal Service for Labour and Employment is federal executive body, authorized to perform measures of social support in part of payment of lump-sum allowances to protected persons.
3. Financing of the expenses connected with payment of lump-sum allowances to protected persons is performed at the expense of the means of the federal budget provided on these purposes by Federal Service for Labour and Employment for the corresponding year.
Russian Prime Minister
M. Fradkov
Approved by the Order of the Government of the Russian Federation of November 11, 2006 No. 664
1. These rules determine according to the Federal Law "About the State Protection of the Victims, Witnesses and Other Participants of Criminal Trial" the sizes and payment procedure of lump-sum allowances to the victims, witnesses and other participants of criminal trial on whom the decision on implementation of the state protection is in accordance with the established procedure made (further - the protected person), and in case of death (death) of the protected person in connection with its participation in criminal trial - to members of the family of the died (dead) and persons which were in its dependence.
2. The basis for payment of lump-sum allowance to the protected person (members of the family of the died (dead) of the protected person and persons which were in its dependence) is the resolution (determination) on application of measures of social support of the body making the decision on establishment of the state protection on the protected person: vessels (judge), the chief of body of inquiry or the investigator in which production there is statement (message) on crime or criminal case if other is not provided by the criminal procedure legislation of the Russian Federation.
In case of pronouncement of the resolution (determination) on application of measures of social support the body making the decision on establishment of the state protection on the protected person considers declaration of will of the protected person (members of the family of the died (dead) of the protected person and persons which were in its dependence) about the choice of lump-sum allowance in the presence of the right to various lump-sum allowances paid in accordance with the legislation of the Russian Federation.
In the resolution (determination) on application of measures of social support the bases of payment of lump-sum allowance in the established size, data of the identity document of the receiver, and also account details opened by the protected person (members of the family of the died (dead) of the protected person and persons which were in its dependence) in credit institutions or the postal address are specified (at the choice of specified persons).
The resolution (determination) on application of measures of social support goes to Federal Service for Labour and Employment (daleeupolnomochenny body) for execution, and also to persons concerning whom the specified decree (determination) is issued.
3. In case of death (death) of the protected person which came in connection with its participation in criminal trial, to members of the family of the died (dead) of the protected person (to wives (husbands), children who did not reach 18-year age or is more senior than this age if they became disabled people before achievement of 18-year age, and also to the children who are studying full-time in educational institutions before achievement of age by them 23 years, to fathers and mothers) and to persons which were in its dependence the lump-sum allowance in the amount of 100 thousand rubles in equal shares is paid to everyone.
4. To it in connection with its participation in criminal trial of bodily harm (mutilation) or other harm to his health (wounds, injuries, contusions), entailed disability approach, the lump-sum allowance is paid to the protected person in case of causing:
to disabled people of the I group - in the amount of 75 thousand rubles;
to disabled people of the II group, handicapped children - in the amount of 50 thousand rubles;
to disabled people of III group - in the amount of 35 thousand rubles.
5. To the protected person the lump-sum allowance in case of causing is paid to it in connection with its participation in criminal trial depending on the severity of bodily harm or other harm to his health which did not entail disability approach:
heavy degree - in the amount of 20 thousand rubles;
average degree - in the amount of 15 thousand rubles;
easy degree - in the amount of 10 thousand rubles.
6. The resolution (determination) on application of measures of social support is subject to execution by authorized body within 10 days from the date of its obtaining.
The lump-sum allowance is listed to the protected person (members of the family of the died (dead) of the protected person and persons which were in its dependence) in accordance with the established procedure according to the account details specified in the resolution (determination), the lump-sum allowance opened by the receiver in credit institution, or to its postal address.
7. If the bodily harm or other harm to health which entailed approach of disability or death, the right to the lump-sum allowance specified in Items 3 and 4 of these rules is caused to the protected person in connection with its participation in criminal trial arises from the moment of establishment of disability or the fact of death.
8. After establishment to the protected person of disability or the fact of his death which came owing to causing bodily harm or other harm to his health, the authorized body pays:
to the protected person - difference according to group of disability between the size of the lump-sum allowance specified in item 4 of these rules and the size of the lump-sum allowance which is earlier paid to it based on Item 5 of these rules;
to the members of the family of the protected person and persons who were in its dependence - difference between the size of the lump-sum allowance specified in Item 3 of these rules and the size of the lump-sum allowance which is earlier paid to the protected person according to item 4 or 5 these rules.
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