of May 24, 2016 No. 170
About approval of the Regulations on procedure for the indemnification caused to the personality or property of physical persons or legal entities as a result of conducting anti-terrorist operation
According to the Law of the Republic of Uzbekistan "About fight against terrorism" the Cabinet of Ministers decides:
1. Approve Regulations on procedure for the indemnification caused to the personality or property of physical persons or legal entities as a result of conducting anti-terrorist operation according to appendix.
2. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.
Prime Minister of the Republic of Uzbekistan
Shavkat Mirziyoev
Appendix
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 24, 2016 No. 170
1. This Provision determines procedure for the indemnification caused to the personality or property of physical persons or legal entities (further - owners of property) as a result of conducting anti-terrorist operation.
Action of this provision does not extend to indemnification to persons participating in fight against terrorism except cases when property harm to person participating in conducting anti-terrorist operation is caused as the owner of property in the anti-terrorist operation zone and also when the property of owners of property is insured on this risk.
2. The property harm done to owners of property is compensated at the expense of means of reserve fund of the Cabinet of Ministers of the Republic of Uzbekistan, reserve funds of the republican budget of the Republic of Karakalpakstan, regional budgets of areas, the city budget of the city of Tashkent of budgets of the areas and the cities and other sources which are not forbidden by the legislation.
3. Is subject to compensation:
market value of property which recovery is not possible in connection with elimination as a result of conducting anti-terrorist operation;
the damage caused to property as a result of conducting anti-terrorist operation.
In case of causing during conducting anti-terrorist operation of harm to health of the personality necessary free medical care is provided to it, and in case of death of the citizen - members of his family are granted pension or allowance on the occasion of loss of the supporter, according to the legislation.
Issues of compensation of moral harm are resolved judicially.
4. The harm done to person in connection with suppression of its participation in act of terrorism is not subject to compensation.
The cost of self-willedally built residential, production and other buildings and constructions, and also lost profit of the owner of property is not subject to compensation.
5. Compensation of the property harm done to owners of property as a result of conducting anti-terrorist operation is performed according to the scheme according to appendix.
6. Within three working days from the date of the termination of anti-terrorist operation by the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimy area or the city of Tashkent in the territory of which anti-terrorist operation was performed (further - authorized body) the commission on consideration of addresses of owners of property for compensation of the property harm done to their property as a result of conducting anti-terrorist operation is created (further - the commission).
The commission is headed by the Chairman of the board of Ministers of the Republic of Karakalpakstan, hoky the area or the city of Tashkent or their deputies.
The staff of the commission affirms the decision of the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimy the respective area or the city of Tashkent.
The commissions are included representatives of investigating and financial bodies, territorial authorities of Goskomkonkurention, Gosarkhitektstroy, Goskomzemgeodezkadastr and other interested bodies, and also self-government institutions of citizens.
7. The notification of owners of property about the beginning of work of the commission is performed by Council of Ministers of the Republic of Karakalpakstan, khokimiyats of the respective area or city of Tashkent by placement of information in mass media, and also by means of self-government institutions of citizens within two working days from the date of creation of the commission.
8. For compensation of the lost or damaged property the owner of property or its representative in writing addresses to the commission and submits the following documents:
a) the statement for compensation of the property harm done as a result of conducting anti-terrorist operation (further - the statement), with indication of:
names of the legal entity, its details, identification taxpayer number (further - INN), bank details, surname, name and the head's middle name (for legal entities);
surnames, name and middle name, INN, bank details, residence address and other contact information (for physical persons);
b) the copy of the certificate on state registration - for legal entities;
c) the passport copy or other identity document - for physical persons;
d) the copy of the document confirming the property right to property;
e) the document certifying the right to the address as the representative and the copy of the identity document, - for the representative of legal entity or physical person (in case of the address of the representative of the owner of property);
e) copies of the documents confirming the size of the incurred material costs (in the presence).
The application is considered from the date of the address if the address followed no later than 6 months from the date of the beginning of work of the commission.
In case of the appeal to the commission after 6 months from the date of the beginning of work of the commission the question of compensation of the lost or damaged property is solved judicially.
9. The statement and documents attached to it specified in Item 8 of this provision are subject to consideration by the commission within fifteen working days.
10. In case of incomplete submission to the commission of the documents specified in Item 8 of this provision, the commission within one working day from the date of receipt of the statement notifies the owner of property or his representative on need of submission of missing documents.
11. The commission within three working days from the date of receipt of the statement and the documents attached to it will organize assessment of the extent of the property harm done to the owner of property by involvement of the estimative organization.
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