A Mandatory Payment Is Recovered by the Court in Accordance with the Legislation on the Victims Compensation Fund
📘 GENERAL CHARACTERISTICS
Article 98-2 of the Criminal Code of the Republic of Kazakhstan specifies the provisions of Article 98-1 and establishes fixed amounts of the mandatory payment in Monthly Calculation Indexes (MCI) depending on the category of the committed criminal offense.
🔹 These amounts are subject to mandatory recovery by the court from the guilty person as one of the additional legal consequences of committing an offense — along with the imposed punishment.
📑 ARTICLE-BY-ARTICLE ANALYSIS
🔹 Nature of the Payment
By its legal nature, the mandatory payment:
• is not a form of punishment;• cannot be replaced by another type of liability;• is recovered separately from a fine or a civil claim.
🔸 Its purpose is to ensure the functioning of the compensation fund, from which victims receive payments even if the offender is unable to voluntarily compensate the damage.
🔹 Link to the MCI
The amount is determined in MCI, a universal monetary unit established annually by the law on the republican budget(for 2025, 1 MCI = 3,900 tenge).
| Category of Offense | Amount of Payment | In Tenge (2025) |
|---|---|---|
| Criminal misdemeanor | 5 MCI | 19,500 ₸ |
| Minor offense | 10 MCI | 39,000 ₸ |
| Medium-gravity offense | 15 MCI | 58,500 ₸ |
| Serious offense | 20 MCI | 78,000 ₸ |
| Especially serious offense | 30 MCI | 117,000 ₸ |
📌 These amounts do not depend on the actual damage or the financial situation of the offender, unlike a civil claim.
⚖️ JUDICIAL PRACTICE
Case No. 1-217/2023, Karaganda:The defendant was found guilty under Article 188(1) of the Criminal Code (theft — a minor offense).Along with a suspended sentence, the court ordered a mandatory payment of 10 MCI to the Victims Compensation Fund.
Case No. 1-784/2024, Taraz:In a case involving an especially serious crime (robbery causing grievous bodily harm), the court imposed 9 years of imprisonment and a mandatory payment of 30 MCI.
📚 RELATED LEGAL NORMS
🔸 Criminal Code of the Republic of Kazakhstan:
• Article 15 — classification of crimes by severity;• Article 98-1 — grounds for applying the mandatory payment;• Article 71-1 — judicial fine (may be imposed simultaneously).
🔸 Criminal Procedure Code:
• Article 387-1 (introduced in 2023) — procedure for considering the issue of the mandatory payment;• Article 162 — civil claim (does not exclude the application of the payment under Article 98-2).
🔸 Law of the Republic of Kazakhstan “On the Victims Compensation Fund”(No. 167-VI dated January 10, 2018):
• Article 10 — procedure for the receipt of funds;• Article 12 — administration and control of payments;• Article 5 — defines the categories of victims entitled to compensation.
🌍 COMPARATIVE LEGAL ANALYSIS
Similar compensation systems exist in other countries:
| Country | Compensation Approach |
|---|---|
| 🇩🇪 Germany | Special assistance fund for victims (OEG), financed in part from fines |
| 🇫🇷 France | Fonds de garantie — a state fund for victims of crimes |
| 🇺🇸 United States | Victims Compensation Programs — state funds partly financed from court fees |
| 🇪🇺 European Union | Directive 2004/80/EC — obligations to ensure compensation |
📌 The Kazakhstani model is one of the few in the CIS where a mandatory payment to a compensation fund is directly established in criminal law.
⚠️ PRACTICAL ISSUES
❓ Can a person be exempted from the mandatory payment?
No — the law does not provide such exceptions (unlike a fine, which in some cases may be replaced by another type of punishment). However:
• it is possible to request installments or a deferral of payment under the Law “On Enforcement Proceedings”;• recovery is carried out through prosecutorial authorities, the penitentiary system, and court bailiffs.
❓ Is it imposed in cases of reconciliation between the parties?
If criminal proceedings are terminated due to reconciliation of the parties, the mandatory payment is not recovered, since there is no conviction and no court judgment establishing guilt.
✅ CONCLUSION
Article 98-2 of the Criminal Code of the Republic of Kazakhstan ensures:
• clarity and predictability of the offender’s financial obligations;• automatic application by the court once guilt is established;• strengthening of the system of state support for victims.
🔹 This provision does not replace compensation for damages but is applied in addition to it, aiming to create a stable mechanism of social compensation for victims of crimes.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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