Unofficial translation
In accordance with Article 55 of the Constitutional Law of the Republic of Kazakhstan “On the judicial system and the status of judges of the Republic of Kazakhstan”, the Government of the Republic of Kazakhstan HEREBY DECIDES:
Footnote. Preamble - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).1. To approve the attached Rules for payment of lump-sum monetary compensation for burial of deceased or perished judges and retired judges.
2. This decree enters into force from the date of the first official publication.
|
Prime-Minister of the Republic of Kazakhstan |
K. Massimov |
| Approved by the decree of the Government of the Republic of Kazakhstan dated February 16, 2009 № 156 |
The Rules
for payment of lump-sum monetary compensation
for burial of deceased or perished judges and retired judges
1. These Rules for the payment of a lump sum monetary compensation for the burial of deceased or perished judges and retired judges (hereinafter referred to as the Rules) have been 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 shall determine the procedure for the payment of a lump sum monetary compensation for the burial of deceased or perished judges and retired judges (hereinafter referred to as Compensation).
Footnote. Paragraph 1 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).2. To receive compensation, persons entitled to receive it, in the event of the decease (death) of a judge or a retired judge of the Supreme Court of the Republic of Kazakhstan, shall apply to the personnel service of the authorized state body in the sphere of judicial administration, in the event of the decease (death) of a judge or a retired judge of a local or another court to the personnel service of the territorial divisions of the authorized state body in the sphere of judicial administration in the regions, the capital and cities of republican significance (hereinafter referred to as the Personnel service) with an application in accordance with Appendix 1 to these Rules with the submission of the following documents:
copies of the identity document of the recipient of compensation;
copies of the death certificate from the civil registration authorities;
copies of the birth certificate of the minor recipient of compensation;
copies of a marriage certificate (matrimony) or an enforcement document from a court on alimony, a guardianship document, or a notarized copy of a certificate of inheritance;
copies of the current bank account of the recipient of compensation.
In the event of the death of an active judge, the personnel department shall notify in writing persons entitled to receive compensation of the need for them to apply with the above-mentioned documents within five working days from the date of receipt of a copy of the death certificate from the civil registration authorities.
Footnote. Paragraph 2 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).3. The personnel service checks the completeness and correctness of the execution of the documents specified in paragraph 2 of these Rules and registers the application in the register of applications for the payment of lump-sum monetary compensation for burial in accordance with Appendix 2 to these Rules.
If an application is submitted by a person who is not entitled to receive compensation, there are no legal grounds for receiving it, the relevant documents are incompletely submitted and (or) they are incorrectly executed, the application is not subject to registration, of which the applicant is notified in writing.
The personnel service, having registered the application in the registration log, within 10 calendar days forms a case for the recipient of compensation and sends it to the appropriate financial service.
4. The financial service, having attached to the case the calculation of the amount of compensation, within a period of no more than 10 calendar days shall submit the case for deciding on the payment of compensation:
to the head of the authorized state body in the field of judicial administration in the event of the decease (death) of a judge or a retired judge of the Supreme Court of the Republic of Kazakhstan;
to the relevant head of the territorial division of the authorized state body in the sphere of judicial administration in the regions, capital and cities of republican significance in the event of the decease (death) of a judge or retired judge of a local or other court.
Footnote. Paragraph 4 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).5. Payment of compensation shall be carried out by the financial service by transfer to the recipient’s current bank account in banks or organizations that carry out certain types of banking operations, within two months from the date of applying.
Footnote. Paragraph 5 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).6. Payment of compensation to minor recipients of compensation is made taking into account the specifics provided for in Articles 22 - 23 of the Civil Code of the Republic of Kazakhstan.
Application for a lump sum monetary compensation for burial
Footnote. Appendix 1 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).
I hereby ask you to pay me a lump sum monetary compensation for burial.
in connection with the death of ____________________________________________________
(Surname, name and patronymic (if any) of the deceased)
Date of death: ____________________________________________________
I hereby ask you to transfer the amount due to me:
Bank name: _____________________________________________
Current bank account number: _________________________________
I am enclosing the following documents with my application:
1.
2.
3.
Signature of the applicant "__" __________ 20__
_____________________
| Appendix 2 to the Rules for the payment of a lump sum monetary compensation for the burial of deceased or perished judges and retired judges |
Registration log of applications for payment of lump-sum monetary compensation for burial
Footnote. Appendix 2 - as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.07.2024 № 604 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).
№ | Date of receipt of application | Surname, name and patronymic (if any) of the deceased | Surname, name and patronymic (if any) of the recipient of the lump sum compensation and his/her address | Basis for payment of lump sum compensation | Result of consideration | ||
lump sum compensation | number and date of payment document | reason for refusal | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
