On approval of the Rules for reimbursement by the state of value of requisitioned property as well as property for individuals and legal entities provided for defense needs

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan No. 1082 dated September 21, 2011

      Unofficial translation

      In accordance with Paragraph 3 of Article 52 of the Law of the Republic of Kazakhstan dated March 1, 2011 "On State Property", the Government of the Republic of Kazakhstan hereby DECREES AS FOLLOWS:

      1. Approve the attached Rules for reimbursement by the state of value of requisitioned property, as well as property for individuals and legal entities provided for defense needs.

      2. This Decree shall be enforced upon expiry of ten calendar days from the day of the first official publication.

      The Prime Minister of the Republic of Kazakhstan K. Massimov

  Approved
by the Decree of the Government
of the Republic of Kazakhstan
No. 1082 dated September 21, 2011

Rules

for reimbursement by the state of value of requisitioned property as well as property for
individuals and legal entities provided for defense needs
1. General Provisions

      1. These Rules shall be developed in accordance with Paragraph 3 of Article 52 of the Law of the Republic of Kazakhstan dated March 1, 2011 "On State Property" and determine the procedure for reimbursement by the state of value of requisitioned property as well as provided (hereinafter referred to as requisitioned) for individuals and legal entities provided for defense needs.

2. Procedure for reimbursement by the state of value of requisitioned property
for individuals and legal entities provided for defense needs

      2. Reimbursement of value of requisitioned property for defense needs shall be made from budget funds in accordance with the Budget Code of the Republic of Kazakhstan. Reimbursement shall be paid in cash in the national currency of the Republic of Kazakhstan.

      3. The owner of the property or his authorized representative shall submit an application for reimbursement of value of requisitioned property for defense needs with indication of settlement procedure.

      4. In case of disagreement with the amount of reimbursement for value of requisitioned property, the owner or his authorized representative shall has the right to challenge it in court.

      5. To collect applications from owners of requisitioned property, collection points shall be created in local military command authorities, military units, local executive authorities, which send an application for allocation of funds to the General Staff of the Armed Forces of the Republic of Kazakhstan.

      Footnote. Paragraph 5 in the wording by the Decree of the Government of the Republic of Kazakhstan No. 417 dated 30.04.2013.

      6. The following documents shall be attached to the application:

      1) a statement of the owner or his authorized representative;

      2) requisition act;

      3) a court decision that has entered into legal force (if any).

      7. Based on applications from local military command authorities, military unit commanders (chiefs of institutions), local executive authorities, the General Staff of the Armed Forces of the Republic of Kazakhstan shall draw up a consolidated application for changing the financial plan and send it to the authorized authority for budget execution.

      Footnote. Paragraph 7 in the wording by the Decree of the Government of the Republic of Kazakhstan No. 417 dated 30.04.2013.

      8. Reimbursement for value of requisitioned property shall be made through local military command authorities, military unit commanders (heads of institutions), which organize the receipt of funds by the owner of requisitioned property by transferring funds to the account specified in his application, court decision, or providing cash.

      9. In the event of the owner’s death of requisitioned property, the right to receive reimbursement for value of property shall be inherited in accordance with the Civil Code of the Republic of Kazakhstan.

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