On approval of the Rules for establishment and payment of reward for information that helped prevent or suppress the act of terrorism

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan dated November 9, 2016 No. 685.

      Unofficial translation

      Shall come into force from January 1, 2017.

      In accordance with paragraph 3 of article 9 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On countering terrorism" the Government of the Republic of Kazakhstan HEREBY DECREES:

      1. To approve the attached Rules for establishment and payment of reward for information that helped prevent or suppress the act of terrorism.

      2. This decree shall come into force from January 1, 2017 and shall be subject to official publication.

      Prime Minister
      of the Republic of Kazakhstan B. Sagintayev

  Approved
by decree of the Government
of the Republic of Kazakhstan
dated November 9, 2016 no. 685

Rules for establishment and payment of reward for information that helped prevent or suppress the act of terrorism
1. General provisions

      1. These Rules for establishment and payment of reward for information that helped prevent or suppress the act of terrorism (hereinafter referred to as the Rules), have been developed in accordance with paragraph 3 of article 9 of the Law of the Republic of Kazakhstan dated July 13, 1999 "On countering terrorism" and shall determine the procedure of establishment and payment of reward for information that helped prevent or suppress the act of terrorism.

      2. Payment of a reward shall be made at the expense of budgetary funds, provided for to the authorized state body on coordination of activities in the field of countering terrorism (hereinafter referred to as the authorized body) for a corresponding financial year for these purposes.

      2. Procedure of establishment and payment of reward for information that helped prevent or suppress the act of terrorism

      3. The authorized body shall pay a reward to persons, reported the information that helped prevent or suppress the act of terrorism.

      The reward shall be paid at any one time and shall be established in accordance with the following procedure:

      1) on criminal cases on the act of terrorism, stipulated by parts one and two of article 255 of the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (hereinafter referred to as the CC), – 750 (seven hundred fifty) Monthly Calculation Index (hereinafter referred to as the MCI);

      2) on criminal cases on the act of terrorism, stipulated by parts three and four 255 of the CC, – 1000 (one thousand) MCI.

      In case of refusal of the reward, the person, who reported the information that helped to prevent or suppress the act of terrorism shall submit a corresponding application to the territorial body of the authorized body (hereinafter referred to as the territorial body).

      4. The reward to the person, who reported the information that helped to prevent or suppress the act of terrorism shall be paid if, in relation to the guilty person:

      1) a guilty verdict or court order on the application of a coercive medical measure in accordance with article 521 of the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 (hereinafter referred to as the CPC) entered into legal force;

      2) a decision was made to terminate the criminal case on the grounds provided for in subparagraphs 9), 11) and 12) of part one article 35 CPC.

      5. The territorial authority shall, within three working days, notify the person, who reported the information that helped prevent or suppress the act of terrorism about the occurrence of the right to receive remuneration.

      A person, who reported the information that helped to prevent or suppress an act of terrorism shall submit to the territorial authority at the place of residence the documents specified in subparagraphs 2), 4) and 5) of paragraph 6 of these Rules.

      6. The territorial body, within ten working days from the date of occurrence of the right to reward in accordance with paragraph 4 of these Rules, shall form and send to the structural unit of the authorized body determined by the chairman of the authorized body (hereinafter referred to as the authorized unit) the following documents:

      1) petition of the territorial authority;

      2) copy of a counterfoil of the notification;

      3) a copy of a final guilty verdict or court order on the application of a coercive medical measure or a copy of a decision to terminate a criminal case on the grounds stipulated by subparagraphs 9), 11) and 12) of the first part of article 35 of the CPC;

      4) a copy of an identity document of a person, who reported the information that helped to prevent or suppress an act of terrorism, indicating the individual identification number;

      5) the original certificate of a second-tier bank indicating the current bank account of the person, who reported the information that helped prevent or suppress the act of terrorism. In the absence of a current bank account, a person shall independently open a current bank account in any second-tier bank.

      7. An authorized unit within ten working days from the date of receipt of all necessary documents shall check them for completeness and accuracy and shall prepare a draft order of the authorized body on the payment of the reward to the person, who reported the information that helped prevent or suppress the act of terrorism.

      If during the verification process, deficiencies and inaccuracies are identified in the paperwork, the authorized unit shall return to the territorial authority the documents specified in paragraph 6 of these Rules to eliminate errors and shall simultaneously notify the person, who reported the information that helped prevent or suppress the act of terrorism about the reasons and period of the delay in reward payment.

      After elimination of deficiencies and inaccuracies, the territorial authority shall repeatedly send the documents referred to in paragraph 6 of these Rules to the authorized unit within ten days.

      8. After the issuance of the order of the authorized body on the payment of a reward by the territorial body, the reward shall be paid to the person, who reported information that helped to prevent or suppress the act of terrorism, through the territorial divisions of the treasury to his current bank account in a second-tier bank within sixty calendar days from the date of issuance of the order on reward payment.

      9. The territorial body shall notify within three days a person, who reported information that helped to prevent or suppress the act of terrorism, about the transfer of money to his current bank account in a second-tier bank in accordance with the procedure, established by the legislation.

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