Compensation for damage caused by illegal actions by way of recourse
When considering this category of cases, the following are applicable:
- The Constitution of the Republic of Kazakhstan
- The Civil Code of the Republic of Kazakhstan dated 1.07.1999 (Special Part), as amended on 12.01.2007, which entered into force from the date of their publication on February 3, 2007 (Article 923).
The Code of Criminal Procedure (Chapter 4) of December 13, 1997, with amendments and additions. The Civil Procedure Code of July 13, 1999.
Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 7 dated July 9, 1999 "On the practice of applying legislation on compensation for damage caused by illegal actions of bodies conducting criminal proceedings" with additions and amendments.
The Regulation on the procedure for compensation of damage caused to a citizen by illegal actions of the bodies of inquiry, preliminary investigation, prosecutor's office and court, approved by Decree of the Presidium of the Supreme Soviet of the USSR dated May 18, 1981.
The procedure for applying this Provision is stipulated in paragraph 12 of the above-mentioned resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan No. 7 dated July 9, 1999).
According to paragraph 3 of Article 933 of the Civil Code of the Republic of Kazakhstan, the State that has compensated the damage caused by officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court (paragraph 1 of Article 923 of this Code) has the right of recourse to these persons, if such persons are established by a court verdict that has entered into force.
This provision of the law explicitly provides for the right to recover state damage by way of recourse from the perpetrators listed in paragraph 1 of Article 923 of the Civil Code of the Republic of Kazakhstan.
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