ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2013 No. 877

About approval of Rules of compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism

According to the subitem 7) of Item 3 of article 4 of the Law of the Republic of Kazakhstan "About counteraction to terrorism" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism.

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

Approved by the Order of the Government of the Republic of Kazakhstan of August 28, 2013 No. 877

Rules of compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism

1. These rules of compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism (further - Rules) determine procedure for compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism.

2. Compensation of the property harm done to physical persons and legal entities as a result of the act of terrorism is made by cost recovery of the lost or damaged property belonging to specified persons (further - to owners of property), except for the property insured according to the procedure, stipulated by the legislation the Republic of Kazakhstan about insurance and insurance activity.

3. The bases for cost recovery of property are loss or damage of property in case of the confirmation according to the procedure established by the legislation of the Republic of Kazakhstan, availability of causal relationship between making of the act of terrorism and destruction or damage of property.

4. The property value is compensated to the owner of property by payment of money to it local executive body at the expense of the means provided in reserves on urgent costs of local executive bodies within the amounts approved in local budgets the current financial year according to Articles 19 and 20 of the Budget code of the Republic of Kazakhstan, and also Rules of use of reserves of the Government of the Republic of Kazakhstan and local executive bodies approved by the order of the Government of the Republic of Kazakhstan of April 25, 2015 No. 325.

5. The property right or other corporeal right to property, structure of this property according to the civil legislation of the Republic of Kazakhstan are confirmed by the relevant documents specified in Item 9 of these rules and also explanations of the owner of property and witnesses.

6. Determination of the size of recoverable amount of property is performed by local executive body with the assistance of the owner of property and the appraiser.

The amount of cost recovery of property is determined based on the valuation report of market value of rescue and recovery operations taking into account the expenses necessary for recovery (repair) of the damaged property, and (or) the property writedown size owing to its damage or based on the valuation report of market value of the property lost as a result of the act of terrorism by the market prices operating in this area at the time of cost recovery of the property, taking into account depreciation lost or the damaged property.

Expenses on recovery (repair) of the damaged property are confirmed by the estimate or costing on its recovery.

Documentary confirmed expenses of the owner of property on fee, connected with evaluating property, estimating and costing on recovery (repair) of the damaged property, join in recoverable amount of property.

7. For cost recovery of the lost or damaged property under the circumstances specified in Item 1 of these rules, the owner of property within thirty calendar days after initiation of legal proceedings concerning making of the act of terrorism submits in local executive body the application for compensation of the done property harm completed in form according to appendix 1 to these rules.

Are specified in the statement for compensation of the done property harm: the lost or damaged property, expenses on recovery (repair) of the damaged property and (or) the property writedown size owing to its damage or the cost of the lost property.

In case of impossibility of the personal address of the owner of property, in local executive body his close relatives, and also legal representatives, in case of not achievement of eighteen-year age (age of majority) by it, based on the power of attorney can file petition for compensation of the done property harm.

8. The application for compensation of the done property harm is considered by local executive body within a month from receipt date in local executive body of the these rules of documents specified in Item 9.

9. To the statement for compensation of the done property harm the owner of property represents to local executive body:

1) for physical persons - the copy of the identity document of the owner of property, and for legal entities - the copy of the document confirming state registration of the legal entity;

2) the copy of the resolution of the body conducting criminal procedure about recognition of the owner of property by the victim from the act of terrorism;

3) the documents confirming the property right or other corporeal right to property, its structure, expenses on recovery of the damaged property, the property writedown size owing to its damage, the cost of the lost property (in case of their availability).

10. In case of representation of incomplete document package, the these rules specified in Item 9, consideration of the application stops, and the applicant is in writing informed on need to submit missing documents in time no later than sixty calendar days from the moment of receipt of the notice.

If the applicant did not submit missing documents within the specified term, the application for compensation of property harm is returned to the applicant without consideration. The refusal in consideration of the application does not deprive of the applicant of opportunity to repeatedly direct the application.

11. Registration of a statement is performed in the magazine of registration of statements about compensation of the done property harm and effected payments in form according to appendix 2 to these rules with issue to the owner of property of confirmation about adoption of the statement.

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