ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2014 No. 1358

About approval of Rules of indemnification (damage) caused to victims owing to emergency situations of natural nature

According to the subitem 62) of article 11 of the Law of the Republic of Kazakhstan of April 11, 2014 "About civil protection" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of indemnification (damage) caused to victims owing to emergency situations of natural nature.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 19, 2014 No. 1358

Rules of indemnification (damage) caused to victims owing to emergency situations of natural nature

1. General provisions

1. These rules of indemnification (damage) caused to victims owing to emergency situations of natural nature (further - Rules) are developed according to the subitem 62) of article 11 of the Law of the Republic of Kazakhstan of April 11, 2014 "About civil protection" and determine procedure for indemnification (damage) caused to health and property of physical person owing to emergency situation of natural nature.

2. Requirements of these rules do not extend to the temporary structures, economic and household and other constructions which are not relating according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities to real estate objects, and also objects illegally constructed, valuable clothes, luxury goods or made of precious metals, the objects having the art value, and also property which at the time of emergence of emergency situations was object of insurance, is subject to compensation according to the procedure, determined by the civil legislation of the Republic of Kazakhstan, at the expense of means of the insurer.

In some cases, in case of emergency situations of natural nature the structure intended for temporary (seasonal) residence, destroyed or which became unsuitable for accommodation of the owners and their families which do not have other dwelling on the property right at the time of the announcement of emergency situation in the territory of administrative and territorial unit belongs to the dwelling.

2. Procedure for indemnification (damage) caused to victims owing to emergency situations of natural nature

3. Indemnification (damage) caused to victims owing to emergency situations of natural nature is performed in the limits necessary for satisfaction of the minimum needs of victims, at the expense of budgetary funds of the local executive bodies provided on mitigation of consequences of emergency situations of natural nature according to the budget legislation of the Republic of Kazakhstan and (or) at the expense of means of the organizations, voluntary contributions of citizens, funds and public associations, other sources which are not contradicting the current legislation of the Republic of Kazakhstan.

3-1. The following property necessary for satisfaction of the minimum needs of victims is subject to compensation:

1) the apartment house, the apartment or the structure intended for temporary (seasonal) residence, stipulated in Item 2 these rules;

2) farm animals;

3) objects for storage and cooking - the refrigerator, the gas stove (electric stove) and case for ware;

4) pieces of furniture for meal - table and chair;

5) pieces of furniture for dream - bed (sofa);

6) objects of means of informing citizens - the TV (radio);

7) objects for care of clothes - the washing machine;

8) objects of means of water supply and heating (in case of lack of centralized water supply and heating) - the pump for water supply, water heater and heating copper (portable stove).

Indemnification (damage) caused to victims owing to emergency situations of natural nature according to the subitem 2) of this Item is performed according to the procedure, determined by authorized body in the field of agro-industrial complex.

Indemnification (damage) caused to victims owing to emergency situations of natural nature according to subitems 3) - 8) this Item is performed according to assessment of the extent of the caused damage, but no more than 150 monthly settlement indicators.

3-2. In the presence at the owner, his spouse (-and) and the minor children of several structures intended for temporary (seasonal) residence, provided by part two of Item 2 of these rules, is subject to compensation only one of structures.

4. Medical care of health care by the organizations within warranty amount of free medical care according to the legislation of the Republic of Kazakhstan in the field of health care is provided to the victims who received harm to health owing to emergency situation of natural nature.

4-1. For indemnification (damage), stipulated in Item 3 these rules, the local executive body creates the commission on assessment and compensation of the material damage caused to victims (further - the Commission).

The regulations on the Commission are determined by local executive body.

5. The victims who suffered material damage within thirty calendar days from the date of emergence of emergency situation submit in local executive body the application form for compensation of material damage which is filled in in form according to appendix 1 to these rules.

6. In case of impossibility of the personal address of the damage suffered (damage) which was injured petition for compensation his relatives or other persons based on the power of attorney, and also legal representatives can file if the victim is minor.

7. Are enclosed to the application for compensation of the caused damage:

1) the copy of the identity document of injured person (in cases of loss or destruction of such document, owing to emergency situation of natural nature, or during liquidation of emergency situation - the temporary identity certificate issued by law-enforcement bodies);

2) the list of the lost and/or spoiled property of the natural nature which was injured from the moment of emergence of emergency situation or during liquidation of emergency situation.

8. Registration of statements and documents is performed by local executive body in the magazine of registration of statements about compensation of material damage in form, according to appendix 2 to these rules, with issue to the victim of the receipt confirming adoption of documents.

9. The application for compensation of material damage is considered within fifteen working days from receipt date in local executive body of the documents specified in Item 8 of these rules.

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