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The document ceased to be valid since  January 1, 2019 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of August 1, 2019 No. 574

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2017 No. 232

About approval of Rules of use of funds for compensation of damage to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership

According to article 14-1 of the Law of the Republic of Kazakhstan of November 29, 2016 "About the republican budget for 2017 - 2019" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of use of funds for compensation of damage to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership.

2. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of May 13, 2014 No. 488 "About approval of Rules of compensation of damage to workers of the liquidated mines transferred to republican state specialized enterprise "Karagandalikvidshakht" (SAPP of the Republic of Kazakhstan, 2014, No. 33, the Art. 313);

2) the order of the Government of the Republic of Kazakhstan of December 23, 2015 No. 1042 "About modification of the order of the Government of the Republic of Kazakhstan of May 13, 2014 No. 488 "About approval of Rules of compensation of damage to workers of the liquidated mines transferred to republican state specialized enterprise "Karagandalikvidshakht" (SAPP of the Republic of Kazakhstan, 2015, Art. No. 70-71, 522).

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

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of April 28, 2017 No. 232

Rules of use of funds for compensation of damage to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership

These rules of use of funds for compensation of damage to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership (further – Rules) are developed according to article 14-1 of the Law of the Republic of Kazakhstan of November 29, 2016 "About the republican budget for 2017 - 2019" and determine procedure for use of funds for compensation of damage (harm) (determination of the size of the amounts, their recalculation and payment procedure) to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership (further – Karagandalikvidshakht LLP).

Chapter 1. General provisions

1. Are subject to compensation the earnings (income) lost by the injured worker which it had or definitely could have, and also the expenses caused by damage of health (on acquisition of drugs, physical examination, rehabilitation, foreign leaving, prosthetics, services of banks, mails and other) if it is recognized that the victim needs these types of the help and leaving and does not receive them free of charge.

2. In case of the death of the worker, persons specified in Article 940 of the Civil code of the Republic of Kazakhstan (Special part) have the right to compensation of damage (harm).

Chapter 2. Procedure for compensation of damage (harm) and return of means

3. Compensation amounts of damage (harm) caused to life and health of workers of the liquidated mines transferred to Karagandalikvidshakht LLP according to these rules are subject to compensation for the account of the republican budget.

Compensation of damage (harm) is made by monthly payments.

4. The size of the lost earnings (income) which are subject to compensation is determined as a percentage to average monthly earnings (income) to mutilation or other damage of health or approach of disability corresponding to extent of loss by the victim of professional working capacity, and in the absence of it - general working capacity.

5. The compensation amounts of damage (harm) paid to Karagandalikvidshakht LLP to workers of the liquidated mines annually increase in proportion to average value of the predicted rate of inflation on the positions and professions specified in appendix 1 to the these rules, the organizations which are in the territory of the Karaganda region, irrespective of type of activity, the underground method which is engaged in coal production, according to appendix 2 to these rules.

6. Charge and payment of compensation amounts of damage (harm) are made by Karagandalikvidshakht LLP.

7. The Department of Energy of the Republic of Kazakhstan monthly to the 7th performs financing of Karagandalikvidshakht LLP according to the approved funding plan for the corresponding year.

8. Karagandalikvidshakht LLP makes transfer of the added compensation amounts of damage (harm) in the non-cash way into the account of receivers.

9. Transfer of compensation amounts of damage (harm) to other states of the Commonwealth of Independent States is made on residence of the workers having the right to compensation of damage (harm).

Costs for the services rendered by Karagandalikvidshakht LLP, departments of banks of mail are determined by service provision agreements.

10. On allocated funds Karagandalikvidshakht LLP monthly submits in the Department of Energy of the Republic of Kazakhstan the report the last month prior to the 20th day of the next month.

11. The workers of the liquidated mines receiving compensation of damage (harm) represent to Karagandalikvidshakht LLP:

living within the Republic of Kazakhstan - once a quarter (no later than the 5th day of the first month of quarter) data on the actual place of residence;

living outside the Republic of Kazakhstan - once a year (no later than January 31 of the current year) notarially attested copy of the identity document, and also once a month (no later than the 5th) data on the actual place of residence.

12. Return of unused budgetary funds is performed according to the budget legislation of the Republic of Kazakhstan.

Appendix 1

to Rules of use of funds for compensation of damage to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership

List of positions and professions

No. of payment order

The name of positions and professions according to the qualifier of occupations of the State qualifier of the Republic of Kazakhstan 01-2005

The name of positions and professions from acts of labor accidents and acts of investigation of professional poisoning and occupational disease

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