ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 27, 2007 No. 336

About approval of Rules of payment of immediate compensation in case of receipt of mutilation (injury, wound, contusion, occupational disease) or death (death) of the judge in connection with execution of service duties

According to article 54 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of payment of immediate compensation in case of receipt of mutilation (injury, wound, contusion, occupational disease) or death (death) of the judge in connection with execution of service duties.

2. This resolution becomes effective from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 27, 2007 No. 336

Rules of payment of immediate compensation in case of receipt of mutilation (injury, wound, contusion, occupational disease) or death (death) of the judge in connection with execution of service duties

1. These rules are developed according to the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" and determine payment procedure of immediate compensation in case of receipt of mutilation (injury, wound, contusion, occupational disease) or death (death) of the judge in connection with execution of service duties.

2. Payment of immediate compensation is made to persons having the right to its obtaining according to the legislation of the Republic of Kazakhstan.

3. Investigation about circumstances of receipt of mutilation (injury, wound, contusion, occupational disease) the judge excluding for it opportunity further to be engaged in professional activity, or his death (death) is conducted according to the legislation of the Republic of Kazakhstan.

4. From the moment of acceptance by the commission on investigation of accident of the conclusion confirming receipt of mutilation (injury, wound, contusion, occupational disease) or the fact of death (death) of the judge in connection with execution of service duties, the personnel service of authorized state body in the sphere of judicial administration or its territorial subdivision in areas, the capital and the cities of republican value (further – personnel service) within 7 calendar days in writing informs persons having the right to immediate compensation on need of filing of application on payment of immediate compensation (further – the statement) according to appendix 1 to these rules with submission of the following documents:

1) in case of obtaining by the judge on duty the heavy or easy mutilation (injury, wound, contusion, occupational disease) which did not entail disability establishment:

medical certificate;

2) in case of establishment to the judge of the disability which was caused the mutilation (injury, wound, contusion, occupational disease) received on duty:

medical certificate;

the copy of the reference of territorial subdivision of authorized state body in the sphere of social protection of the population about disability establishment;

3) in case of death (death) of the judge on duty or within year after the termination of powers of the judge owing to receipt of the mutilation (injury, wound, contusion, occupational disease) received on duty:

copy of the identity document of the receiver of immediate compensation;

copy of the certificate of birth of the minor receiver;

copy of the certificate or notification of registration authorities of acts of civil status on death;

copy of the certificate on marriage (matrimony) or executive document of judicial authorities on the alimony, or document on guardianship, or notarially attested copy of the certificate on the right to inheritance.

5. In case of the address of persons having the right to immediate compensation with the statement, the personnel service checks completeness and correctness of document creation, the these rules specified in item 4, and registers it in the magazine of registration of statements on payment of immediate compensation according to appendix 2 to these rules.

Personnel service, having registered the statement in the magazine, creates case on the receiver of immediate compensation and sends it to the relevant financial service.

6. Financial service, having filed calculation about the amount of immediate compensation, in time case submits no more than 7 calendar days:

to the head of authorized state body in the sphere of judicial administration in case of receipt of mutilation or death (death) of the judge of the Supreme Court of the Republic of Kazakhstan; or

to the corresponding head of territorial subdivision of authorized state body in the sphere of judicial administration in areas, the capital and the cities of republican value in case of receipt of mutilation or death (death) of the judge of local court for decision making about payment of immediate compensation, with indication of date of its appointment.

7. Payment of immediate compensation is performed by financial service by transfer to the current bank account of the receiver opened by bank or the organization performing separate types of banking activities, based on bank account agreement (further – the current bank account), within two months from the moment of filing of application according to the procedure, established by the legislation of the Republic of Kazakhstan.

To the minor receiver payment of immediate compensation is made by transfer to its current bank account specified in the statement with the simultaneous notification on it of guardianship and custody bodies or his legal representatives within two months from the moment of filing of application.

Appendix 1

to Rules of payment of immediate compensation in case of receipt of mutilation (injury, wound, contusion, occupational disease) or death (death) of the judge in connection with execution of service duties

The statement on payment of immediate compensation

I ask you to pay me immediate compensation in communication

with ___________________________________________________________________

(the basis for compensation of damage is specified)

I ask to transfer the amount which is due to me

____________________________________________________________________

(the bank name, number of the current bank account of the receiver are specified or

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