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.

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 within the minimum needs of victims, necessary for satisfaction, according to the procedure, determined by the Government of the Republic of Kazakhstan, 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.

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.

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.

10. The local executive body within ten working days from the date of registration of a statement will organize assessment of the extent of the caused damage at the appraiser. At the same time the expenses connected with the organization of evaluating are assigned to local executive body.

11. Determination of the extent of harm (damage) done to property is performed with the assistance of the victim and the appraiser.

12. The organization of assessment of the extent of the caused damage includes the following stages:

1) choice by the appraiser's victim;

2) determination of time and the venue of assessment in coordination with the victim;

3) evaluating the damaged property;

4) acquaintance of the victim with the valuation report.

13. The amount of indemnification (damage) 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 indemnification (damage), 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.

14. The property is considered destroyed if its recovery technically is impossible or is economically unreasonable. Recovery of property is considered economically not reasonable if the expenses on recovery of property expected at the same time exceed eighty percent of its market value on the date of approach of damage.

15. After pronouncement of the conclusion by the appraiser within three working days by the local executive body makes the decision on assignment approved with authorized body on budget implementation of area, city of republican value, the capital, area and city of regional value.

Payment is performed by the victim within thirty calendar days after adoption of the relevant decision.

16. After compensation of the caused (harm) of damage in the magazine of registration of statements about compensation of damage suffered (damage) the corresponding record with indication of date, the extent of compensated harm (damage) and number of the payment document is made.

17. In case of disputes, questions of indemnification (damage) are resolved judicially according to the legislation of the Republic of Kazakhstan.

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