Article 8. Procedure for awarding compensation to victims The Law On the Victims Compensation Fund

Home / RLA / Article 8. Procedure for awarding compensation to victims The Law On the Victims Compensation Fund

1. After recognizing a person as a victim, he has the right to apply for compensation (hereinafter referred to as the application) to the state body performing the functions of criminal prosecution.

2. The period for consideration of an application by a victim or a person endowed with the rights of a victim by a state body performing the functions of criminal prosecution is ten calendar days from the date of its registration.

3. The limitation period for filing an application is three years from the date of recognition of a person as a victim.

4. In case of missing the deadline for filing an application, the victim or a person endowed with the rights of the victim has the right to apply to the court to restore the missed deadline in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.

5. At the request of the victim or a person endowed with the rights of the victim, the state body performing the functions of criminal prosecution:

1) considers the specified application;

2) inform the victim or the person entitled to the rights of the victim in writing about the results of the examination of the application explaining the right to appeal the decision.

6. The decision to award compensation or to refuse it is made by the authorized head of the state body performing the functions of criminal prosecution.

Compensation is awarded based on the following documents:

1) statements by the victim or a person endowed with the rights of the victim;

2) copies of the victim's identity document or documents confirming the identity and right of the person entitled to compensation;

3) information about the number of the bank account of the victim or a person entitled to the rights of the victim, opened in banks and (or) organizations engaged in certain types of banking operations;

4) copies of the resolution of the body conducting the criminal process on recognizing the person as a victim;

5) copies of the document confirming the nature and severity of the damage caused to the victim's health;

6) in case of death of the victim, copies of the death certificate or other document confirming the death of the victim.

Payment of one compensation is assigned to all members of the deceased's family. A separate compensation payment is assigned to each deceased member of the same family.

The documents provided for in subparagraphs 1), 2) and 3) of this paragraph shall be submitted by the victim or by a person endowed with the rights of the victim, and other documents may be submitted to them, if necessary.

The victim or the person entitled to the rights of the victim is responsible for the accuracy of the submitted documents in accordance with the laws of the Republic of Kazakhstan.

The documents provided for in subparagraphs 4), 5) and 6) of this paragraph shall be provided by the State body performing the functions of criminal prosecution.

Responsibility for unjustified assignment of compensation and inclusion in the centralized register of its recipients is borne by the authorized head of the state body performing the functions of criminal prosecution, in accordance with the laws of the Republic of Kazakhstan.

7. The grounds for refusing to award compensation are:

1) the absence of grounds provided for by this Law;

2) missing the application deadline;

3) submission of false documents;

4) compensation by the guilty person in full for the damage caused to the victim;

5) the decision of the body conducting the criminal proceedings on the termination of the person's participation as a victim.

The decision to refuse to award compensation may be appealed by the victim or a person entitled to the rights of the victim in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 10, 2018 No. 131-VI SAM.

This Law defines the legal, economic, social and organizational bases aimed at ensuring the payment of compensation to victims of certain types of criminal offenses.

President

Republic of Kazakhstan

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