ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 13, 2008 No. 167

About compensation to person who was taking part in implementation of action for fight against terrorism, cost of the lost or damaged property

According to part 5 of article 21 of the Federal law "About Counteraction to Terrorism" Government of the Russian Federation decides:

1. Approve the enclosed Rules of compensation to person who was taking part in implementation of action for fight against terrorism, cost of the lost or damaged property.

2. The expenses connected with compensation to person who was taking part in implementation of action for fight against terrorism, cost of the lost or damaged property, are made within the means provided in the federal budget for the corresponding year to the federal executive bodies participating in implementation of actions for fight against terrorism on financial provision of the expenses performed within special programs and special events.

Approved by the order of the Government of the Russian Federation of March 13, 2008 No. 167

Rules of compensation to person who was taking part in implementation of action for fight against terrorism, cost of the lost or damaged property

1. These rules determine procedure for compensation to persons who were taking part in implementation of actions for fight against terrorism, cost of the lost or damaged property (further - property), except as specified, when other procedure for cost recovery of property is established by the legislation of the Russian Federation.

2. The property value, belonging to person who was taking part in implementation of action for fight against terrorism is subject to compensation (further - the owner of property).

3. The property value is compensated to the owner of property by payment of money to it by federal executive body in which he serves, works, fulfills duties or with which cooperates on permanent or temporary basis (daleefederalny executive body).

4. Accessory of property and structure of this property are confirmed by the relevant documents, explanations of the owner of property and witnesses.

5. Determination of the size of recoverable amount of property is performed by federal executive body with the assistance of the owner of property and in need of other organizations and (or) specialists.

The amount of cost recovery of property is determined proceeding from the expenses necessary for recovery (repair) of the damaged property, and (or) the property writedown size owing to its damage or cost of the lost property by the market prices operating in this area at the time of cost recovery of the property, taking into account depreciation lost or the damaged property.

The property value is determined in accordance with the legislation of the Russian Federation, regulating estimative activities.

Expenses on recovery (repair) of the damaged property are confirmed by the estimate or costing on its recovery.

Documentary confirmed expenses of the owner of property on fee, connected with evaluating property, estimating and costing on recovery (repair) of the damaged property, join in recoverable amount of property.

6. For cost recovery of property the owner of property represents to federal executive body:

a) the statement for cost recovery of property with indication of property, expenses on recovery (repair) of the damaged property and (or) the size of writedown of property owing to its damage or cost of the lost property, and also the preferred method of cost recovery of property;

b) the documents confirming the fact of loss or damage of property;

c) the resolution of bodies of inquiry or pretrial investigation, either the court verdict or the court decree, or other documents established by the legislation of the Russian Federation confirming availability of causal relationship between participation of the owner of property in implementation of action for fight against terrorism and loss or damage of its property as a result of this action;

d) the documents confirming property accessory, its structure, expenses on recovery of the damaged property, the property writedown size owing to its damage, the cost of the lost property (in case of their availability);

e) the document confirming expenses of the owner of property on fee, connected with evaluating property, estimating and costing on recovery (repair) of the damaged property.

7. The federal executive body shall render to the owner of property assistance in obtaining and collection of the these rules of documents specified in Item 6.

8. For the solution of the questions connected with cost recovery of property, the head of federal executive body creates the commission and takes measures for ensuring its activities.

Activities of the commission are performed in accordance with the legislation of the Russian Federation, these rules and the regulations on the commission approved by the head of federal executive body.

The application for cost recovery of property is considered by the commission within a month from receipt date in federal executive body of the these rules of documents specified in Item 6.

The commission considers the documents submitted by the owner of property to the federal executive body, materials of functional audit check collected in accordance with the established procedure and also other documents including received from specialists and divisions of federal executive body and (or) from the relevant organizations, commissions of experts (experts), courts and other organizations and the organizations for requests (addresses) of the commission or federal executive body.

The procedure for consideration by the commission of the questions connected with cost recovery of property is determined in regulations on the commission.

9. The basis for cost recovery of property is loss or damage of property in case of the confirmation according to the procedure established by the legislation of the Russian Federation, availability of causal relationship between participation of the owner of property in implementation of action for fight against terrorism and destruction or damage of property.

10. By results of consideration by the commission of question of cost recovery of property the head of federal executive body within 10 days from the date of such consideration issues the order in which the property value size is specified.

In case of refusal in cost recovery of property to the applicant the notice in writing with indication of causes of failure goes.

11. The federal executive body which compensated property value takes measures to collection in accordance with the established procedure of the appropriate cash and (or) other means with established and found guilty of destruction or damage of property of persons.

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