ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 9, 2014 No. 1070

About some questions of expense recovery to persons suffered in case of criminal proceeding

According to Articles 175 and 176 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of payment of the expenses to persons incurred in case of criminal proceeding;

2) rates of remuneration of translators, specialists, the experts performing the corresponding work in case of criminal proceeding.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of February 14, 2013 No. 131 "About some questions of expense recovery to persons suffered in case of criminal proceeding" (SAPP of the Republic of Kazakhstan, 2013, No. 16, the Art. 277).

3. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of October 9, 2014 No. 1070

Rules of payment of the expenses to persons incurred in case of criminal proceeding

1. General provisions

1. Rules of payment of the expenses to persons incurred in case of criminal proceeding (further - Rules), are developed according to part 4 of Article 176 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 and determine payment procedure of the expenses to persons incurred in case of criminal proceeding, remuneration payments to persons performing the corresponding work in case of criminal proceeding.

2. According to the procedure of criminal trial the following expenses of the victim, civil claimant, their legal representatives, the witness, the translator, the specialist, the expert, the witness, the candidate for jury members subpoenaed, but not selected in structure of jury of assessors are subject to compensation for the account of budgetary funds:

1) expenses on appearance on challenge of the body conducting criminal procedure:

fare on railway, water, automobile (except for taxi) transport and other modes of transport, existing in this area, and with the consent of the body conducting criminal procedure - fare on air transport;

the cost of hiring of premises on the regulations accepted for payment of official journeys provided that these expenses are not refunded by the organization, the employer;

2) daily allowance, if necessary for these persons to live upon the demand of the body conducting criminal procedure out of the permanent address and provided that daily allowance is not compensated by the organization, the employer;

3) average earnings during the all the time spent upon the demand of the body conducting criminal procedure for participation in criminal case except cases when average earnings remain behind them the organization, the employer;

4) expenses on recovery or property acquisition, person which lost quality or lost as a result of participation in production of investigative or other legal proceeding upon the demand of the body conducting criminal procedure.

3. According to part 2 of Article 176 of the Code of penal procedure of the Republic of Kazakhstan state bodies and the organizations shall keep for the victim, his legal representative, the witness, the translator, the specialist, the expert, the witness, the candidate for jury members subpoenaed, but not selected in structure of jury of assessors, average earnings during the all the time spent by them upon the demand of the body conducting criminal procedure for participation in criminal trial.

4. Average earnings remain for all working days of week according to the schedule established in the place of permanent job.

5. To the specialist and the expert also the cost of the chemical reactants and other consumable materials spent by them in case of accomplishment of the charged work belonging to them and also the payment for use of the equipment brought by them for performance of work, utilities and consumption of machine time are compensated.

2. Payment procedure of the expenses incurred in case of criminal proceeding

6. Payment of expenses for journey to the place of challenge and back to the permanent address to persons specified in Item 2 of these rules is subject to payment according to the procedure and on the conditions established by the legislation for expense recovery to the employees of the public institutions containing at the expense of means of the government budget of the Republic of Kazakhstan, sent to official journeys within the Republic of Kazakhstan.

7. For days of challenge, including output and festive, and also days of stay in transit, including during forced stoppage in transit, are paid to the called persons in case of presentation of the relevant documents confirming the delay fact by the body conducting criminal procedure daily allowance and expenses on hiring of premises in the amount of in relation to the procedure established by the legislation on compensation of official journeys within the Republic of Kazakhstan of employees of the public institutions containing at the expense of means of the government budget provided that these expenses are not refunded by the organization, the employer are refunded.

8. The expenses incurred in case of criminal proceeding are compensated according to the statement of persons specified in Items 2, of 5 these rules based on the resolution of the body conducting criminal procedure.

9. The amounts which are subject to payment to person in connection with its appearance are paid by the body which caused them immediately on performance of these persons of the obligations, irrespective of the actual receipt and collection of legal costs from convicts on criminal cases.

10. The amounts provided by Items 5, of 6, of 7 Rules are paid by financial service (accounts department) of the body conducting criminal procedure, making challenge on criminal cases from the means which are specially allocated from the budget for the specified purposes and provided in the corresponding funding plans.

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