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Home / Laws / Article 22. Persons who have been subjected to unjustified repression in the form of detention, imprisonment, placement in psychiatric institutions

Article 22. Persons who have been subjected to unjustified repression in the form of detention, imprisonment, placement in psychiatric institutions

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 22. Persons who have been subjected to unjustified repression in the form of detention, imprisonment, placement in psychiatric institutions, referral to special settlements, or forced labor in conditions of limited freedom (including in the so-called "labor armies", "NKVD work columns") and rehabilitated in accordance with this Law, as well as children children of victims of mass political repression, or children left without the care of their parents or one of them., the social protection authorities at their place of residence, on the basis of documents on rehabilitation and time spent in these places, pay monetary compensation from budgetary funds at the rate of three quarters of the monthly calculation index established by the law on the republican budget and effective at the time of applying to the social protection authorities for each month of stay in these places, but not more than 100-a multiple of the monthly calculation index. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

 

      Compensation is paid both in a lump sum and in another manner, provided that within the first three months from the date of the rehabilitated person's application to the social protection authorities, at least one third of the total amount is paid, and the remaining amount is paid within no more than two years.  

      Accrued compensation amounts are subject to indexation in accordance with changes in the size of the monthly calculation index.  

     Compensation is not paid to heirs, except in cases when compensation has been accrued but not received by the rehabilitated person due to his death.  

     Persons who are subject to the Decree of the Presidium of the Supreme Soviet of the USSR dated May 18, 1981 "On compensation for damage caused to a citizen by illegal actions of State and public organizations, as well as officials in the performance of their official duties", compensation is made after deducting the amounts paid on the basis of this Decree.  

      Rehabilitated citizens who are entitled to compensation under the laws of the former Soviet Union republics are given the right to choose a place to receive compensation.  

      Payment or recalculation of the amount of compensation to persons who received it in the States of the former Union republics of the USSR is not carried out.  

     The footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 07/22/1997 No. 169. Article 22 was suspended until January 1, 2003, with the exception of payments of monetary compensation to persons who were subjected to unjustified repression for participating in the events of December 17-18, 1986 in Kazakhstan, by the Law of the Republic of Kazakhstan dated 04/07/1999 No. 374; dated 01/19/2001 No. 145 (effective from 01/01/2011); dated 07/02/2018 No. 165-VI (effective valid after ten calendar days after the date of its first official publication).

 

The Law of the Republic of Kazakhstan dated April 14, 1993.

The Supreme Council of the Republic of Kazakhstan is adopting this Law, determined to restore justice to people who have been subjected to mass political repression, with the aim of rehabilitating all victims of these repressions, and ensuring the maximum possible compensation for the moral and material damage they have suffered.  

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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Article 23. The right of persons rehabilitated in respect of a particular charge or episode to receive compensation provided for in article 22 of this Law shall be established by the court that made the decision on rehabilitation upon their statement of claim. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 23. The right of persons rehabilitated in respect of a particular charge or episode to receive compensation provided for in article 22 of this Law shall be established...

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Article 20. The right of rehabilitated persons to reside in the localities and towns where they lived before their repression is recognized. This right applies to their family members and relatives who lived with them at the time of the repression. In the absence of documentary evidence, the fact of forced resettlement involving the repression of relatives may be established in court. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 20. The right of rehabilitated persons to reside in the localities and towns where they lived before their repression is recognized. This right applies to their family...

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Article 11. The internal affairs bodies and national security bodies are obliged, at the request of the prosecutor and in cases of applicants requesting confirmation of data indicating the person's right to unconditional rehabilitation in accordance with Articles 3 and 4 of this Law, to establish the fact of expulsion from the country, removal from places of residence or areas of residence (exile or expulsion), referral to special settlement, forced labor with restriction of freedom, or other defeats, deprivations, or restrictions on the rights and freedoms of citizens that followed an administrative or extrajudicial procedure. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 11. The internal affairs bodies and national security bodies are obliged, at the request of the prosecutor and in cases of applicants requesting confirmation of data i...

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Article 3. All persons who, for political reasons, have been subjected to expulsion from the country, removal from their places of residence or areas of residence (exile or expulsion), transfer to special settlement, forced labor with restriction of freedom, as well as other defeats, deprivations or restrictions of rights and freedoms administratively, placed in administratively or by decisions of non-judicial authorities to psychiatric institutions for compulsory treatment. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 3. All persons who, for political reasons, have been subjected to expulsion from the country, removal from their places of residence or areas of residence (exile or ex...

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Article 6 of the Law On Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan Persons listed in Article 5 of this Law who have been reasonably convicted by courts, as well as subjected to criminal penalties by decisions of non-judicial bodies, in whose cases there is sufficient evidence of the commission of the following crimes, are not subject to rehabilitation.:

Article 6 of the Law On Rehabilitation of Victims of Mass Political Repressions of the Republic of KazakhstanPersons listed in Article 5 of this Law who have been reasonably c...

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Article 8. Section II. REHABILITATION PROCEDURE Applications for rehabilitation are submitted by the repressed themselves, as well as by any persons or interested public associations at the location of the body or official who made the decision to apply repression in court - to the prosecutor's office, administratively or otherwise - to the internal affairs or national security authorities. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 8. Section II. REHABILITATION PROCEDURE Applications for rehabilitation are submitted by the repressed themselves, as well as by any persons or interested public assoc...

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Article 10. The prosecutor's office is obliged, at the request of repressed citizens or other persons or interested public associations, to check all cases with court decisions that were not canceled before the enactment of this Law on persons subject to rehabilitation. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 10. The prosecutor's office is obliged, at the request of repressed citizens or other persons or interested public associations, to check all cases with court decision...

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Article 19. Persons who have been subjected to repression and rehabilitated in accordance with the procedure established by this Law shall be restored to their socio-political and civil rights, awards, honorary, military and special ranks, which they lost in connection with repression. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 19. Persons who have been subjected to repression and rehabilitated in accordance with the procedure established by this Law shall be restored to their socio-political...

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Article 7. All cases against persons specified in Article 5 of this Law, as well as cases against persons placed for forced treatment in psychiatric institutions for political reasons, with court decisions not revoked at the time of the enactment of this Law, are subject to mandatory verification. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 7. All cases against persons specified in Article 5 of this Law, as well as cases against persons placed for forced treatment in psychiatric institutions for political...

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Article 24. Of the Law on Rehabilitation of Victims of Mass Political Repression of the Republic of Kazakhstan, victims of political repression, as well as persons affected by political repression, specified in Article 2 of this Law, rehabilitated in accordance with this Law, with disabilities or pensioners, have the right to:

Article 24. Of the Law on Rehabilitation of Victims of Mass Political Repression of the Republic of Kazakhstan, victims of political repression, as well as persons affected by...

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Article 12. The applicant has the right to appeal decisions of the prosecutor's office on refusal to issue a certificate of rehabilitation or partial rehabilitation to the court in accordance with the procedure provided for appealing against unlawful actions of State bodies and officials infringing on the rights of citizens. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 12. The applicant has the right to appeal decisions of the prosecutor's office on refusal to issue a certificate of rehabilitation or partial rehabilitation to the cou...

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Article 18. Section III. CONSEQUENCES OF REHABILITATION Persons rehabilitated in accordance with this Law shall be issued a single type certificate in accordance with the procedure determined by the authorized body in the field of social protection of the population upon presentation of a certificate of rehabilitation or a copy of a judicial act that has entered into legal force. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 18. Section III. CONSEQUENCES OF REHABILITATION Persons rehabilitated in accordance with this Law shall be issued a single type certificate in accordance with the proc...

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Article 16. Fully rehabilitated citizens or their representatives, and in the event of their death, relatives, have the right to familiarize themselves with the materials of discontinued criminal or administrative cases, as well as to receive manuscripts, photographs, and other personal documents preserved in these cases. The Law on Rehabilitation of Victims of Mass Political Repressions of the Republic of Kazakhstan

Article 16. Fully rehabilitated citizens or their representatives, and in the event of their death, relatives, have the right to familiarize themselves with the materials of d...

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