Unofficial translation
In accordance with Article 54 of the Constitutional Law of the Republic of Kazakhstan “On the Judicial System and Status of Judges of the Republic of Kazakhstan” The Government of the Republic of Kazakhstan DECIDES:
Footnote. Preamble - in the wording of the resolution of the Government of RK from 25.07.2024 № 604 (enacted after ten calendar days after the day of its first official publication).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 receipt of an injury (trauma, wounding, contusion, occupational disease) or the fact of death (death) of a judge in connection with the performance of official duties, the personnel service of the authorized state body in the field of judicial administration or its territorial subdivision in the regions, capital and cities of republican significance (hereinafter - the personnel service) shall, within 7 calendar days, notify in writing the persons entitled to receive a lump-sum of
1) in case a judge receives a severe or slight injury (trauma, wound, contusion, occupational disease) in the performance of his/her official duties, which did not lead to the establishment of disability:
medical report;
2) in the case of establishment of a judge's disability resulting from an injury (trauma, wound, contusion, occupational disease) received in the performance of official duties: a medical report; 2) in the case of establishment of a judge's disability resulting from an injury (trauma, wound, contusion, occupational disease) received in the performance of official duties:
medical report;
a copy of the certificate of the territorial subdivision of the authorized state body in the field of social protection of the population on the establishment of disability;
3) in case of death (death) of a judge in the performance of official duties or within one year after termination of the powers of a judge due to injury (trauma, wounding, contusion, 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 minor recipient's birth certificate;
a copy of the certificate or notification of the civil status registration authorities of the death;
a copy of the certificate of marriage (matrimony), or an executive document of the judicial authorities on alimony, or a document on guardianship, or a notarized copy of the certificate of the right to inheritance.
Footnote. Point 4 - in the wording of the resolution of the Government of RK from 25.07.2024 № 604 (enacted after 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.
Footnote. Point 5 as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication).6. The Financial Service, having attached to the case a calculation of the amount of lump-sum compensation, shall, within a period of not more than 7 calendar days, submit the case:
to the head of the authorized state body in the field of judicial administration in case of injury or death of a judge of the Supreme Court of the Republic of Kazakhstan; or
to the appropriate head of the territorial subdivision of the authorized state body in the field of judicial administration in the regions, capital and cities of republican significance in case of injury or death (death) of a judge of a local court to make a decision on payment of lump-sum compensation, indicating the date of its appointment.
Footnote. Point 6 - in the wording of the resolution of the Government of RK from 25.07.2024 № 604 (enacted after ten calendar days after the day of its first official publication).7. Payment of lump-sum compensation shall be made by the financial service by transfer to the recipient's current bank account opened by a bank or an organization conducting certain types of banking operations on the basis of a bank account agreement (hereinafter - current bank account), within two months from the date of application submission in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
The payment of lump-sum compensation to a minor recipient shall be made by transfer to his/her current bank account specified in the application, with simultaneous notification of guardianship and custody bodies or his/her legal representatives within two months from the moment of application submission.
Footnote. Point 7 - in the wording of the resolution of the Government of RK from 25.07.2024 № 604 (enacted after ten calendar days after the day of its first official publication).| Annex 1 1 to the Rules for payment of lump-sum of compensation upon receipt of injury (trauma, wounding, contusion, occupational disease) or death (death) of a judge in connection with performance of official duties |
Whom ______________________________________
(initials (if any)
head of authorized body)
from ________________________________________
(initials (if any) of the applicant)
residing at the address: ____________________
____________________
IIN of the applicant ______________________________
Application for payment of lump-sum compensation
Footnote. Annex 1 - in the wording of the Government of RK dated 25.07.2024 № 604 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).
I hereby request you to pay me a lump sum compensation in connection with
___________________________________________________________________
(Specify the basis for compensation)
I hereby request that the amount due to me be transferred to
____________________________________________________________________
(Specify the name of the bank, the number of the recipient's current bank account or
Its address in the case of transfer via a post office)
I hereby attach the following documents to the application:
1.
2.
3.
Signature of the applicant __________“__” 20__.
______________________
Journal of registration of applications for payment of lump-sum compensation
Footnote. Annex 2 - in the wording of the Government of RK dated 25.07.2024 № 604 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).
№ r/n | Date of receipt of application | Full name (if any) of the injured or deceased judge and his or her address | Full name (if any) of the recipient of lump-sum compensation and his/her address | Grounds for payment of lump-sum compensation | Result of review | ||
lump-sum compensation amount | number and date of the payment document | reason for refusal | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |