Unofficial translation
In accordance with Article 54 of the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 "On the judicial system and the status of judges of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan DECIDES:
1. To approve the attached Rules for payment of lump-sum compensation in case of injury (trauma, injury, concussion, occupational disease) or death of a judge in connection with performance of official duties.
2. This decree enters into force from the date of the first official publication.
|
Prime-Minister of the Republic of Kazakhstan |
| Approved by the decree of the Government of the Republic of Kazakhstan dated April 27, 2007 N 336 |
The Rules for payment of lump-sum compensation in case of injury (trauma, injury, concussion, occupational disease) or death of a judge in connection with performance of official duties
1. These Rules are developed in accordance with the Constitutional Law of the Republic of Kazakhstan "On the judicial system and the status of judges of the Republic of Kazakhstan" and determine the procedure for paying lump-sum compensation in case of injury (trauma, injury, concussion, occupational disease) or death of a judge in connection with performance of official duties.
2. Payment of lump-sum compensation is made to persons who have the right to receive it in accordance with the legislation of the Republic of Kazakhstan.
3. An investigation into the circumstances of injury (trauma, injury, concussion, occupational disease) of a judge, which excludes the possibility for him to continue to engage in professional activities, or his death is carried out in accordance with the legislation of the Republic of Kazakhstan.
4. From the moment the accident investigation commission adopts a conclusion confirming the injury (trauma, injury, concussion, occupational disease) or the fact of death of a judge in connection with the performance of official duties, the personnel service of the Supreme Court of the Republic of Kazakhstan or regional court administrators, cities of republican significance and the capital (hereinafter referred to as the personnel service), within 7 calendar days, notifies in writing the persons, entitled to receive lump-sum compensation, of the need to apply for the payment of a lump-sum compensation, in accordance with Appendix 1 to these Rules, with the submission of the following documents:
1) if a judge receives a severe or slight injury (trauma, injury, concussion, occupational disease) in the performance of official duties, which did not result in the establishment of disability:
medical opinion;
2) when a judge gets disability as a result of an injury (trauma, injury, concussion, occupational disease) received in the performance of official duties:
medical opinion;
a copy of the certificate of the territorial division of the authorized body in the field of social protection of the population on the establishment of disability;
3) in the event of death of a judge in the performance of official duties or within a year after the termination of the powers of a judge due to injury (trauma, injury, concussion, occupational disease) received in the performance of official duties:
a copy of the identity document of the recipient of the lump-sum compensation;
a copy of the birth certificate of the minor recipient;
a notarized copy of the death certificate of the bodies of registration of acts of civil status;
a notarized copy of the marriage certificate or an executive document of the judicial authorities on alimony, or a document on guardianship, or a notarized copy of the certificate of inheritance.
Footnote. Paragraph 4 as amended by the Decree of the Government of the Republic of Kazakhstan dated 11.10.2019 No. 757 (shall be enforced ten calendar days after the day of its first official publication).5. When a person, entitled to receive lump-sum compensation, applies with an application, the personnel department checks the completeness and correctness of the documents specified in paragraph 4 of these Rules and registers it in the registration log of applications for payment of lump sum compensation in accordance with Appendix 2.
The personnel service, having registered the application in the log, forms a case for the recipient of the lump sum compensation and sends it to the appropriate financial service.
6. The financial service, having attached to the case the calculation of the amount of the lump-sum compensation, within a period of not more than 7 calendar days, submits the case to the Chairman of the Supreme Court of the Republic of Kazakhstan, in case of injury or death of a judge of the Supreme Court of the Republic of Kazakhstan or the relevant court administrators, in case of injury or death of a judge of a local court, in order to make a decision on payment of lump-sum compensation, indicating the date of its appointment.
7. Payment of lump sum compensation is carried out by the financial service by transferring to the personal account or card account of the recipient in banks or organizations that have licenses from the National Bank of the Republic of Kazakhstan to carry out relevant types of banking operations, within two months from the date of submission of the application in the manner prescribed by the legislation of the Republic of Kazakhstan.
A minor recipient receives lump-sum compensation by transferring to his account specified in the application, with simultaneous notification of the guardianship and guardianship authorities or his legal representatives within two months from the date of submission of the application.
Application for payment of lump-sum compensation
I ask you to pay me lump sum compensation in connection with
____________________________________________________________
(specify the grounds for compensation)
Please transfer the amount due to me to the ______________________________________
(specify the name of the bank, TIN of the bank, MFO of the bank, the number of the recipient's personal account or his address in case of transfer through post offices)
I attach the following documents to the application:
1.
2.
3.
____________(date and signature of the applicant)
| Appendix 2 to the Rules for payment of lump- sum compensation in case of injury (trauma, injury, concussion, occupational disease) or death of a judge in connection with performance of official duties |
Registration log for payment of lump-sum compensation
No. | Date of receipt of the application |
Full name of the judge, who received injury, died and his address | Full name of the recipient of lump-sum compensation and his address | Grounds for payment of lump-sum compensation |
Result of consideration | ||
Amount of lump-sum compensation | Number and date of payment document | Reason of refusal | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |