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

(as amended on 20-12-2023)

According to article 18 of the Law of the Republic of Kazakhstan "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 bodies of homeland security, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of bodies of homeland security 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.

Prime Minister of the Republic of Kazakhstan

K. Masimov

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 bodies of homeland security, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of bodies of homeland security 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 bodies of homeland security, and also the damage caused to health and property of family members and close relatives of the employee or serviceman of bodies of homeland security in connection with accomplishment of service duties by them (further - Rules), are developed according to article 18 of the Law of the Republic of Kazakhstan "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 bodies of homeland security (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 body of homeland security in which the employee serves.

3. The amounts paid in the form of compensation of damage according to these rules are subject to compensation in full from budgetary funds with the subsequent collection of this amount from the face which caused damage according to the legislation of the Republic of Kazakhstan.

4. The bases 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 are the official report of the employee, the statement of the family member or close relative of the employee.

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 body of homeland security supervising financial and (or) economic activity.

At the same time the statement of the family member or close relative of the employee for compensation of damage goes to body of homeland security.

Are applied to the official report (statement) the copy of the judgment on compensation of the damage caused to health and property of the employee, and also the damage caused to health and property of the family member or close relative of the employee in connection with accomplishment of service duties by it or the statement from it certified by seal of court (the copy of court resolution or the statement from it in electronic form certified by the digital signature of the judge) and (or) the conclusion of the specialist (expert) about the caused damage.

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

7. Within 10 (ten) working days from the date of representation by the employee, family member or close relative of the employee of the documents specified in items 4 and 5 these rules the order of the authorized head of body of homeland security on compensation of the damage with indication of the amount of damage which is subject to compensation (further - the order) affirms which is prepared by personnel division on the duty station of the employee.

8. Personnel division the statement from the order on compensation of damage within 5 (five) working days from the date of its edition goes to financial division of body of homeland security for ensuring payments.

9. Compensation of damage is performed based on the order by transfer to the current account of the receiver:

1) in the presence of means in individual funding plans according to obligations and payments - within 10 (ten) working days from the date of receipt in financial division of body of homeland security of the order;

2) in the absence of means in individual funding plans according to obligations and payments - after entering of corresponding changes into individual funding plans according to obligations and payments.

For the purpose of non-admission of double compensation of damage (at the expense of the state and the perpetrator) the personnel division within 10 (ten) working days after money transfer to the employee, the family member or the close relative of the employee sends to the judge who passed the decision, information on compensation of damage at the expense of the state, and the legal division takes measures to compensation of the transferred amount from person as a result of whose wrongful acts the damage to the employee, family member or close relative of the employee was caused.

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 body of homeland security 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.

 

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

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