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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 21, 2011 No. 1082

About approval of Rules of compensation by the state of cost of the confiscated, and also provided for needs of defense property of physical persons and legal entities

(as amended of the Order of the Government of the Republic of Kazakhstan of 30.04.2013 No. 417)

According to Item 3 of article 52 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of compensation by the state of cost of the confiscated, and also provided for needs of defense property of physical persons and legal entities.

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

 

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the order of the Government of the Republic of Kazakhstan of September 21, 2011 No. 1082

Rules of compensation by the state of cost of the confiscated, and also provided for needs of defense property of physical persons and legal entities

1. General provisions

1. These rules are developed according to Item 3 of article 52 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and determine procedure for compensation by the state of cost of the confiscated, and also provided property of physical persons and legal entities, (daleerekvizirovanny) for needs of defense.

2. Procedure for compensation by the state of cost of the property of physical persons and legal entities confiscated for needs of defense

2. Cost recovery of confiscated property is made for needs of defense from budgetary funds according to the Budget code of the Republic of Kazakhstan. Payment of compensation is made in cash in national currency of the Republic of Kazakhstan.

3. The owner of property or its authorized representative submits the application for cost recovery of the property confiscated for needs of defense with indication of procedure of payments.

4. In case of disagreement with amount of cost recovery of confiscated property the owner or his authorized representative has the right to challenge it judicially.

5. For collection of statements of owners of confiscated property collection points in local authorities of military management, military units, local executive bodies which send the request for allocation of money to the General Staff of Armed Forces of the Republic of Kazakhstan are created.

6. The following documents are attached to the request:

1) statement of the owner or his authorized representative;

2) act of requisition;

3) the judgment which took legal effect (in the presence).

7. Based on requests of local authorities of military management, commanders of military units (chiefs of organizations), local executive bodies the General Staff of Armed Forces of the Republic of Kazakhstan constitutes the summary change order of funding plan and sends to authorized body on budget implementation.

8. Cost recovery of confiscated property is made through local authorities of military management, commanders of military units (chiefs of organizations) who will organize receipt of money by the owner of confiscated property by money transfer into the account specified in its statement, the judgment or provision of cash.

9. In case of the death of the owner of confiscated property the right to cost recovery of property devolves according to the Civil code of the Republic of Kazakhstan.

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