ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 18, 2012 No. 1213

About approval of Rules of compensation of the damage caused to health and property of the employee or serviceman of special state bodies, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of special state bodies in connection with accomplishment of service duties by them

According to article 19 of the Law of the Republic of Kazakhstan of October 3, 1995 "About Service of the state protection of the Republic of Kazakhstan" and article 18 of the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of compensation of the damage caused to health and property of the employee or serviceman of special state bodies, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of special state bodies in connection with accomplishment of service duties by them.

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

Approved by the Order of the Government of the Republic of Kazakhstan of September 18, 2012 No. 1213

Rules of compensation of the damage caused to health and property of the employee or serviceman of special state bodies, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of special state bodies in connection with accomplishment of service duties by them

1. These rules of compensation of the damage caused to health and property of the employee or serviceman of special state bodies, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of special state bodies in connection with accomplishment of service duties by them (further - Rules) are developed according to article 19 of the Law of the Republic of Kazakhstan of October 3, 1995 "About Service of the state protection of the Republic of Kazakhstan", article 18 of the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" and determine procedure and conditions of compensation of the damage caused to health and property of the employee or serviceman of special state bodies (further - the employee), and also the damage caused to health and property of family members and close relatives of the employee in connection with accomplishment of service duties by it.

2. Compensation of the damage caused to health and property of the employee and also the damage caused to health and property of family members and close relatives of the employee in connection with accomplishment of service duties by it is made at the expense of the means provided on content of special state body in which the employee serves.

3. The amounts paid in the form of compensation of damage according to these rules are subject to compensation for the account of persons which caused damage according to the legislation of the Republic of Kazakhstan.

4. The basis for compensation of the damage caused to health and property of the employee, and also the damage caused to health and property of family members and close relatives of the employee in connection with accomplishment of service duties by it is the judgment about employee recognition and/or the member of his family by the victim owing to illegal actions of other persons and the official report of the employee about compensation of damage.

5. For compensation of damage the employee represents to the immediate superior the official report about compensation of damage addressed addressed to the deputy first head of the special state body supervising financial and/or economic activity. The copy of the judgment certified according to the procedure, established by the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" is attached to the official report.

6. The extent of the damage which is subject to compensation is determined judicially.

7. After representation by the employee of the documents specified in item 4 of these rules, the head of special state body within ten working days issues the order on compensation of the damage with indication of the amount of damage which is subject to compensation.

8. Personnel division the statement from the order on compensation of damage within five working days from the date of its edition goes to financial division of special state body for ensuring payments.

9. Compensation of damage is performed by transfer during ten banking days from the date of receipt in financial division of special state body of the statement from the order of money on maps accounts of the employee on whom to it payment of cash allowance is made.

10. In cases when compensation of damage is made at the expense of the perpetrator which caused it, the specified payment is not performed by special state body in which the employee serves.

11. The actions directed to illegal receipt of payments attract responsibility according to the legislation of the Republic of Kazakhstan.

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