On approval of the Rules of paying a lump-sum compensation in cases of death (loss of life) of a person from among civilian manpower during a peacekeeping operation, and also as a result of a maim (wound, injury, contusion), a disease sustained during par

Resolution No. 277 of the Government of the Republic of Kazakhstan dated May 5, 2016

      Unofficial translation

      In accordance with paragraph 3 of Article 17 of the Law of the Republic of Kazakhstan dated June 15, 2015 "On peacekeeping activities of the Republic of Kazakhstan", the Government of the Republic of Kazakhstan HEREBY RESOLVES to:

      1. Approve the attached Rules of paying a lump-sum compensation in cases of death (loss of life) of a person from among civilian manpower during a peacekeeping operation, and also as a result of maim (wounds, injuries, contusions), a disease sustained during participation in a peacekeeping operation, establishment of disability or maim (wound, injury, contusion) during a peacekeeping operation.

      2. This Resolution shall be enforced ten calendar days after the date of its first official publication.

      Prime Minister
of the Republic of Kazakhstan
K. Massimov

  Approved
by Resolution No. 277
of the Government
of the Republic of Kazakhstan
dated May 5, 2016

Rules
of paying a lump-sum compensation in cases death (loss of life) of a person from among civilian manpower during a peacekeeping operation, and also as a result of maim (wounds, injuries, contusions), a disease sustained during participation in a peacekeeping operation, establishment of disability or maim (wound, injury, contusion) during a peacekeeping operation.

      1. These Rules have been developed in accordance with paragraph 3 of Article 17 of the Law of the Republic of Kazakhstan dated June 15, 2015 "On peacekeeping activities of the Republic of Kazakhstan" and define the procedure for paying a lump-sum compensation in cases of death (loss of life) of a person from among civilian manpower during a peacekeeping operation, and also as a result of maim (wound, injury, contusion), a disease sustained during participation in a peacekeeping operation, establishment of disability or maim (wounds, injuries, contusions) during a peacekeeping operation.

      2. A lump-sum compensation shall be paid to a person from among the civilian personnel or to the heirs of a person from among the civilian personnel in the following cases:

      1) death (loss of life) of a person from among civilian manpower during a peacekeeping operation, as well as a result of maim (wound, injury, contusion), illnesses sustained during participation in a peacekeeping operation, before the expiration of one year from the date of completion of the person’s participation in a peacekeeping operation;

      2) establishment of a disability to a person from among the civilian manpower during the time of participation in a peacekeeping operation or resulting from maim (wound, injury, concussion), a disease sustained as a result of participation in a peacekeeping operation, before the expiration of one year from the date of completion of the person's participation in a peacekeeping operation ;

      3) sustaining by a person from among civilian manpower during participation in a peacekeeping operation of a maim(wound, injury, contusion) that did not cause disability..

      3. To investigate the circumstances of the death (loss of life) of a person from among the civilian personnel during the peacekeeping operation, as well as a result of maim (wound, injury, contusion), illnesses sustained as a result of participation in a peacekeeping operation, establishment of disability or sustaining of maim (wound, injury, contusions) during a peacekeeping operation, commissions shall be formed in accordance with the labor legislation of the Republic of Kazakhstan.

      4. The personnel service of a state body (organization) in the cases provided for in paragraph 2 of these Rules, upon receipt of a copy of the Commission’s conclusion shall, within five calendar days, notify in writing the persons from among civilian manpower or heirs of the person from among civilian manpower about the need to submit applications to the financial unit for the payment of a lump-sum compensation with the relevant documents attached.

      5. To receive a lump-sum compensation, a person from among civilian manpower or heirs of a person from among the civilian manpower shall execute and file to the financial unit of the state body (organization) at the place of work (hereinafter - financial unit) the following documents:

      1) in case of death of a person from among civilian manpower during a peacekeeping operation or as a result of maim (wound, injury, contusion), a disease received during participation in a peacekeeping operation, before expiry of one year from the date of completion of the participation of a person in a peacekeeping operation:

      an application;

      a notarized copy of the death certificate;

      certificate of inheritance;

      2) when a disability is established to a person from among the civilian manpower sustained during participation in a peacekeeping operation or as a result of maim (wound, injury, concussion), a disease received during participation in a peacekeeping operation, before expiry of one year from the date of completion of the person's participation in a peacekeeping operation:

      an application;

      a copy of the certificate of disability;

      3) in the event that a person from among the civilian manpower sustained a maim, (wound, injury, contusion) during participation in a peacekeeping operation which did not result in disability:

      an application;

      conclusion of the medical consultative board of the medical organization on the patient’s health condition.

      6. When a person from among civilian manpower or heirs of a person from among civilian manpower applies for compensation, the financial unit shall check the completeness and correctness of the execution of the documents specified in paragraph 5 of these Rules, and register the application drawn up in the name of the head of the state body (organization), in the registration log of applications for lump-sum compensations.

      A copy of the conclusion of the investigation commission, as well as information on the medical examinations undergone by the injured, shall be submitted to the financial unit by the personnel service of the state body (organization).

      In the event of an incomplete package of submitted relevant documents specified in paragraph 5 of these Rules, the application is not subject to registration.

      7. Lump-sum compensation shall not be paid if, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, it is proved that the death (loss of life) of a person from among the civilian manpower or the injury he sustained happened:

      1) as a result of suicide, with the exception of cases of incitement to suicide, in the presence of enforced court verdict;

      2) when committing criminal or administrative offenses;

      3) due to the consumption or use of substances that cause a state of alcoholic, narcotic or other type of intoxication;

      4) as a result of deliberate infliction of any bodily injury (self-mutilation) or other harm to health in order to receive lump-sum compensation or evade the performance of duties.

      8. Lump-sum compensation shall be paid out within one month from the date of registration of the application based on the decision of the head of the state body at the expense and within the funds of the republican and local budgets or on the decision of the head of the organization at the expense of this organization by transfer to the personal account or card account of the recipient in second-tier banks or organizations that have licenses from the National Bank of the Republic of Kazakhstan to carry out relevant types of banking operations, in the procedure established by the budgetary legislation of the Republic of Kazakhstan.