LAW OF THE KYRGYZ REPUBLIC

of April 19, 2008 No. 60

About financial responsibility of the military personnel

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 7, 2008

This Law establishes conditions and the extent of liability of the military personnel and citizens called on military charges (further - the military personnel), for the damage caused by them in case of fulfillment of duties of military service to the property which is in state-owned property and assigned to military units and also determines procedure for compensation of the caused damage.

Article 1. Coverage of this Law

Operation of this Law extends to the military personnel undergoing military service and under the contract in Armed Forces of the Kyrgyz Republic, military forming and bodies in which the legislation of the Kyrgyz Republic provides military service.

Article 2. The basic concepts applied in this Law

For the purposes of this Law the following basic concepts are applied:

military units - bodies of military management (the ministries, departments in which the law provides military service of group of troops), connections, military units, the organizations, military educational institutions of professional education in which according to the legislation of the Kyrgyz Republic the military personnel passes military service;

commanders (chiefs) are commanders (chiefs) of military units, their deputies, commanders (chiefs) of structural divisions of military units and their deputies;

property of military unit (further - property) - all types of arms, military equipment, ammunition, fuels and lubricants, fuel, food, ware property and other types of military property, the earth, buildings, constructions, money and securities, other appliances which are state-owned property and assigned to military unit;

the actual damage (further - damage) - loss or damage of property of military unit, expenses which the military unit made or shall make for recovery, acquisitions of the lost or damaged property, and also the excessive money payments made by military unit.

Article 3. Conditions of involvement of the military personnel to liability for the caused damage

1. The military personnel bears liability only for the actual damage caused on their fault.

2. The military personnel who caused damage not in case of fulfillment of duties of military service bears financial responsibility according to the civil legislation of the Kyrgyz Republic.

3. Involvement of the military personnel to liability for the damage caused owing to execution of the order of the commander (chief) in which making of actions as a result of which material damage, and also as a result of lawful actions, justified office risk, force majeure is caused directly is specified is not allowed (earthquakes, the fire, flood, landslide and other similar phenomena).

4. The military personnel can be brought to financial responsibility according to this Law within three years from the date of detection of the caused damage.

Article 4. Limited financial responsibility of the military personnel

1. For the damage caused on imprudence in case of fulfillment of duties of military service, the military personnel passing military service under the contract and also the citizens called on military charges bear financial responsibility in the amount of the damage caused by them, but no more than 50 settlement indicators; the military personnel undergoing military service without fail - no more than 20 settlement indicators, except as specified, when other extent of liability is established by this Law for the military personnel.

2. The military personnel passing military service under the contract guilty of damnification, connected with payment by military unit of penalties for idle times of containers, cars and cars, overestimate of amounts of completed work, untimely entering into the relevant budgets of taxes and other obligatory payments, bears financial responsibility in the amount of the caused damage, but no more than 100 settlement indicators.

3. Commanders (chiefs), orders which orders led to violation of established procedure of accounting, storage, use, expenditure the transportations of property or which did not take necessary measures to prevention of its plunder, destruction, damage, spoil, excessive money payments that entailed damnification, or did not take necessary measures to compensation by perpetrators of the damage caused to military unit bear financial responsibility in the amount of the caused damage, but no more than 100 settlement indicators.

4. Ceased to be valid according to the Law of the Kyrgyz Republic of 07.08.2023 No. 164

Article 5. Full financial responsibility of the military personnel

Military personnel bears financial responsibility in complete extent of damage in cases when the damage is caused:

- the serviceman to whom the property was transferred on receipt for storage, transportation, issue, use and other purposes;

- the actions (failure to act) of the serviceman containing signs of the actus reus provided by the penal legislation of the Kyrgyz Republic in case of removal of conviction by court, and also release it from criminal liability body of the investigation and court on not rehabilitating bases;;

- as a result of plunder, intentional destruction, damage, spoil, illegal expenditure or use of property or other intentional actions (failure to act) irrespective of whether signs of the actus reus provided by the penal legislation of the Kyrgyz Republic contain in them;

- the intentional actions of the military personnel which entailed costs for treatment in military-medical organizations and healthcare institutions of the military personnel, injured these actions;

- the serviceman who voluntarily brought himself to state of drug, toxic or alcoholic intoxication.

Article 6. Determination of the extent of the caused damage

1. The extent of the caused damage is determined by the actual losses, based on this accounting of property of military unit and proceeding from the market prices operating in this area (for the military units deployed outside the Kyrgyz Republic - in adoptive state) on the date of detection of damage, and on the arms, military equipment, ammunition, other property on a centralized basis delivered to military units is determined by the state bodies authorized on that.

2. The extent of the caused damage is determined taking into account degree of depreciation of property by the regulations established on the date of detection of damage, but is not lower than scrap value (scrap) of this property.

3. In case of illegal appointment of the serviceman (face of civil personnel) to the position which is not provided by staff (staff list) of military unit, the extent of damage is determined by the size to the paid serviceman (face of civil personnel) of cash allowance (the paid salary), and in case of illegal position assignment, paid above the position which is actually occupied by the serviceman (face of civil personnel) - difference between the paid cash allowance (the paid salary) and cash allowance (salary) by actually post.

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