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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 3, 2013 No. 914

About approval of Rules of the indemnification to physical persons and legal entities caused in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism

According to the subitem 6) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of July 13, 1999 "About counteraction to terrorism" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the indemnification to physical persons and legal entities caused in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism.

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

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of September 3, 2013 No. 914

Rules of the indemnification to physical persons and legal entities caused in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism

1. These rules of the indemnification to physical persons and legal entities caused in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism (further - Rules) determine procedure for the indemnification to physical persons and legal entities caused in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism.

2. Compensation of the non-property harm done to life and health of physical persons in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism is made according to Articles 937-946 of the Civil code of the Republic of Kazakhstan judicially with the subsequent indemnification for the account of funds of reserve of the Government of the Republic of Kazakhstan for obligation fulfillment on decisions of the courts.

3. Compensation of the property harm to physical persons and legal entities done in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism is made by cost recovery of the property belonging to specified persons (further - to owners of property).

4. The basis for cost recovery of property is 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 lawful actions in case of suppression of the act of terrorism, officials of the state bodies performing counteraction to terrorism and destruction or damage of property.

5. Property harm is compensated to the owner of property by authorized state body on coordination of activities in the field of counteraction to terrorism (further - authorized body) or its territorial authority by payment of money to it at the expense of the means provided in the republican budget for the corresponding year to authorized state body.

In case of insufficiency of the specified means, property harm is compensated at the expense of means of reserve of the Government of the Republic of Kazakhstan.

6. 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 8 of Rules and also explanations of the owner of property and witnesses.

7. Determination of the size of recoverable amount of property is performed by authorized body or its territorial authority with the assistance of the owner of the property and the independent expert accredited by authorized state body on regulation, control and supervision of the financial market and the financial organizations (further - the independent expert).

The amount of cost recovery of property is determined proceeding from the expenses necessary for recovery (repair) of the damaged property, and (or) the property writedown size owing to its damage or cost of the lost property 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.

8. For cost recovery of the lost or damaged property in case of suppression of the act of terrorism by lawful actions of officials of the state bodies performing counteraction to terrorism, the owner of property within thirty calendar days after holding action for counteraction to terrorism provides in authorized body or its territorial authority the statement 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.

To the statement for compensation of the done property harm the owner of property represents to authorized body or its territorial authority:

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

2) the reference issued by the head republican, regional, the cities of republican value, the capital, the area (the city of regional value) of operational staff on fight against terrorism, confirming the fact of damage of property to the anti-terrorist operation zone (with indication of whether the property was damaged or destroyed);

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).

9. In case of impossibility of the personal address of the owner of property, in authorized body or its territorial authority 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.

10. The application for compensation of the done property harm is considered by authorized body or its territorial authority within a month from receipt date in authorized body of the documents specified in Item 9 of Rules.

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