RESOLUTION OF THE MINISTRY OF DEFENCE OF THE REPUBLIC OF BELARUS

of September 29, 2010 No. 40

About approval of the Instruction about procedure for creation of the motivated and property conclusions for determination of the right of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions on receipt of insurance sums on compulsory national insurance

Based on subitem 6.13 of Item 6 and subitem 7.46 of Item 7 of the Regulations on the Ministry of Defence of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 7, 2006 No. 719 "Questions of the central bodies of military management of Armed Forces of the Republic of Belarus" and part nine of Item 5 of the Regulations on procedure and conditions of payment of insurance sums on compulsory national insurance by the serviceman, the person liable for call-up for the period of the passing of military or special charges, to reservists in case of stay on occupations and training sessions approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2010 No. 1009 "About some questions of compulsory national insurance of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions" the Ministry of Defence of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for creation of the motivated and property conclusions for determination of the right of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions on receipt of insurance sums on compulsory national insurance.

2. This resolution becomes effective after its official publication.

3. Distribute this resolution to separate military unit.

Approved by the Resolution of the Ministry of Defence of the Republic of Belarus of September 29, 2010 No. 40

The instruction about procedure for creation of the motivated and property conclusions for determination of the right of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions on receipt of insurance sums on compulsory national insurance

1. This Instruction developed according to part nine of Item 5 of the Regulations on procedure and conditions of payment of insurance sums for compulsory national insurance by the serviceman, the person liable for call-up for the period of the passing of military or special charges, to reservists in case of stay on occupations and training sessions approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2010 No. 1009 "About some questions of compulsory national insurance of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions" (The national register of legal acts of the Republic of Belarus, 2010, No. 170, 5/32140) (further - the Provision), is determined procedure for creation of the motivated and property conclusions for determination of the right of the military personnel, persons liable for call-up for the period of passing of military or special charges, reservists in case of stay on occupations and training sessions on receipt of insurance sums on compulsory national insurance in Armed Forces of the Republic of Belarus and transport troops of the Republic of Belarus (further - Armed Forces).

2. For the purposes of this Instruction the following terms and their determinations are used:

relatives are members of the family of insured person or other persons whom insured person reasonably recognizes as the relatives;

military unit - military unit, connection, military educational institution, body of military management, the organization of Armed Forces;

insured person - the serviceman, the person liable for call-up for the period of passing of military or special charges, the reservist in case of stay on occupations and training sessions;

the property conclusion about destruction (damage) of the property belonging to insured person or his relatives in connection with execution of obligations of military service by it (further - the property conclusion) - the document containing the conclusion which is drawn up in writing about destruction or damage of the property belonging to insured person or his relatives in connection with execution of obligations of military service by it or about lack of such causal relationship;

the motivated conclusion about circumstances and causal relationship of damage suffered of life or to health of insured person with execution of obligations of military service by it (further - the motivated conclusion) - the document containing the conclusion which is drawn up in writing about circumstances and causal relationship of damage suffered of life or to health of insured person with execution of obligations of military service by it for determination of its right to insurance sum on compulsory national insurance.

3. Creation of the motivated and property conclusions in forms according to appendices 1 and 2 is performed by the commission on safety of military service in military unit (further - the commission of military unit) in the place of passing by insured person of military service (stay at military, special, training sessions and occupations) based on materials of office investigation upon damnification of life or to health of insured person, and also destruction or damage of the property belonging to it or his relatives (further destruction or damage of property).

In case of initiation of legal proceedings concerning insured person, life or to health of which harm is done, the motivated conclusion is constituted by the commission of military unit after pronouncement of the resolution of criminal prosecution authority on the termination of criminal case or entry into force of sentence (determination, the resolution) vessels on this fact.

In the same procedure the property conclusion in case of initiation of legal proceedings upon destruction or damage of the property belonging to insured person or his relatives in connection with execution of obligations of military service by it is constituted.

For the purpose of establishment of severity and causal relationship of damage suffered of life or to health of insured person during conducting office investigation on this fact forensic medical examination is carried out.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info