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On approval of the Rules for Compensation of Harm (damage) caused to victims as a result of Natural Emergencies

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

On approval of the Rules for Compensation of Harm (damage) caused to victims as a result of Natural Emergencies

Order of the Minister of Emergency Situations of the Republic of Kazakhstan dated March 31, 2026 No. 143. Registered with the Ministry of Justice of the Republic of Kazakhstan on March 31, 2026 No. 38256

In accordance with subparagraph 81-1) of Article 12 of the Law of the Republic of Kazakhstan "On Civil Protection", I ORDER:

     1. To approve the attached Rules for Compensation of Harm (Damage) Caused to Victims as a result of Natural Emergencies (hereinafter referred to as the Rules).

     2. The Department of Emergency Response of the Ministry of Emergency Situations of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

     1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

     2) posting of this order on the Internet resource of the Ministry of Emergency Situations of the Republic of Kazakhstan.

     3. Control over the execution of this order is entrusted to the supervising Vice Minister of Emergency Situations of the Republic of Kazakhstan.

     4. This Order shall enter into force on July 1, 2026 and shall be subject to official publication, with the exception of paragraph 6 of the Rules, which shall enter into force on July 12, 2026.

     To establish that paragraph 6 of the Rules is valid until July 12, 2026 in the following wording:

     "6. Victims who have suffered material damage, within thirty calendar days from the date of the emergency, submit to the local executive body an application for compensation for material damage (damage), filled out in accordance with Annex 1 to these Rules, or electronically via the mobile application of the electronic Government web portal in the form of an electronic document certified by with an electronic digital signature.".

 

Minister of Emergency Situations of the Republic of Kazakhstan

Ch. Arinov

 

 

 

Appendix to the Decree of the Minister of Emergency Situations of the Republic of Kazakhstan Dated March 31, 2026 No. 143

 

Rules for compensation of harm (damage) caused to victims as a result of natural emergencies

Chapter 1. General provisions

     1. These Rules for Compensation of Harm (damage) caused to victims as a result of Natural Emergencies (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 81-1) of Article 12 of the Law of the Republic of Kazakhstan "On Civil Protection" and determine the procedure for compensation of harm (damage) caused to an individual's property as a result of a natural emergency.

     2. The requirements of these Rules do not apply to temporary buildings, household and other buildings that are not related to real estate in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, as well as illegally constructed objects, valuable clothing, luxury goods or made of precious metals, objects of artistic value, as well as Property that was insured at the time of the emergency is subject to compensation in accordance with the procedure established by the Legislation of the Russian Federation., determined by the civil legislation of the Republic of Kazakhstan, at the expense of the insurer.

Chapter 2. Procedure for compensation of harm (damage) caused to victims as a result of natural emergencies

     3. Compensation for harm (damage) caused to victims as a result of natural emergencies is carried out within the limits necessary to meet the minimum needs of victims, at the expense of budgetary funds of local executive bodies provided for the elimination of consequences of natural emergencies in accordance with the budget legislation of the Republic of Kazakhstan, and (or) at the expense of organizations, voluntary contributions citizens, foundations and public associations, and other sources, not contradicting the current legislation of the Republic of Kazakhstan.

     4. The following property is subject to compensation, which is necessary to meet the minimum needs of the victims:

     1) housing (individual apartment building, apartment, dorm room, modular (mobile) apartment building);

     2) items for storing and cooking food – refrigerator, gas stove (electric stove) and cupboard for dishes;

     3) pieces of furniture for meals – a table and a chair;

     4) sleeping furniture items – a bed (sofa);

     5) subjects of citizens' information media – TV (radio);

     6) Clothes care items – washing machine;

     7) items for water supply and heating (in the absence of centralized water supply and heating) – a pump for water supply, a water heater and a heating boiler (portable furnace);

     8) stocks of household fuel intended for heat generating devices of residential buildings, apartments, dorm rooms, modular (mobile) residential buildings;

     9) a wheelchair is a special means of ensuring the movement of a person with a disability.

     Compensation for damage (damage) caused to victims as a result of natural emergencies, in accordance with subparagraphs 2) – 9) of this paragraph, is carried out in accordance with an assessment of the amount of damage caused, but not more than 150 monthly calculation indices.

     5. To compensate for the harm (damage) provided for in paragraph 3 of these Rules, a local executive body shall establish a commission to assess and compensate for material damage caused to victims (hereinafter referred to as the Commission).

     The Commission's regulations are determined by the local executive body.

     6. Victims who have suffered material damage, within thirty calendar days from the date of the emergency, submit to the local executive body an application for compensation for material damage (damage), filled out in accordance with Annex 1 to these Rules, or electronically via the mobile application of the digital Government web portal in the form of an electronic document., certified by an electronic digital signature.

     7. If it is impossible for the victim to apply personally, his relatives or other persons may apply for compensation for the damage (damage) caused on the basis of a power of attorney, as well as legal representatives if the victim is a minor.

     8. The following documents are attached to the application for compensation for the damage (damage) caused:

     1) a copy of the identity document of the injured person (in cases of loss or destruction of such a document due to a natural emergency or during the liquidation of an emergency situation – a temporary identity card issued by internal affairs bodies), or in electronic form, as defined by the legislation of the Republic of Kazakhstan;

     2) a list of the lost and/or damaged property of the victim since the occurrence of a natural emergency or during the liquidation of the emergency.

     9. The registration of applications and documents is carried out by the local executive body in the register of applications for compensation for material damage (damage) in accordance with Annex 2 to these Rules, with the issuance of a receipt confirming acceptance of the documents to the victim.

     10. An application for compensation for material damage is considered within fifteen working days from the date of receipt by the local executive body of the documents specified in paragraph 9 of these Rules.

     11. In cases of partial damage to a dwelling as a result of a natural emergency, the local executive body, based on a technical survey and cost estimates, determines one of the mechanisms for its restoration by:

     1) attracting a contractor to carry out repair work;

     2) payment of expenses to citizens who have decided to carry out repairs on their own.

     12. The local executive body, within ten working days from the date of registration of the application, organizes an assessment of the amount of damage caused by an appraiser. At the same time, the costs associated with the organization of the assessment are borne by the local executive body.

     13. The amount of damage (damage) caused to property is determined with the participation of the victim, his representative acting on the basis of a power of attorney, or a legal representative (if the victim is a minor), as well as an appraiser.

     14. The organization of the assessment of the amount of damage (damage) caused includes the following stages::

     1) selection of an independent appraiser;

     2) determining the time and place of the assessment in consultation with the victim;

     3) assessment of damaged property;

     4) familiarization of the victim with the assessment report.

     15. The amount of compensation for damage (damage) is determined based on the costs necessary to restore (repair) the damaged property, and /or the amount of depreciation of the property due to its damage or the value of the lost property at market prices in force in the area at the time of compensation for damage (damage), taking into account the wear and tear of the lost or damaged property. The costs of restoring (repairing) damaged property are confirmed by an estimate or calculation of the costs of its restoration.

     16. Property is considered destroyed if its restoration is technically impossible or economically unjustified. Restoration of property is considered economically unjustified if the expected costs of restoring the property exceed eighty percent of its market value on the day of the damage.

     17. After making a decision on the allocation of funds, the local executive body, within 5 working days, concludes an agreement with the owner of the dwelling for the contractor to carry out repairs or pay funds for self-repair work.

In the case of independent repair work, the agreement contains information on the provision by the homeowner who received the payments of a report on the restoration work performed with a photo recording within six months from the date of payment.

     If the relevant report is not provided, the local executive body has the right to apply to the judicial authorities to compel the return of the allocated funds.

     18. After the conclusion is issued by the Commission, within three working days, the local executive body makes a decision on the allocation of funds, agreed with the authorized body for the execution of the budget of the region, the city of republican significance, the capital, the district and the city of regional significance.

     Payment is made to the victims within thirty calendar days after the relevant decision is made.

     19. The transfer of funds during the independent implementation of repair work by citizens is carried out on the personal or card accounts of citizens opened in second-tier banks, the National Postal Operator or other organizations licensed to conduct certain types of banking operations.

     20. After compensation for the damage caused (damage), a corresponding entry is made in the register of applications for compensation for the damage (damage), indicating the date, amount of the damage (damage) compensated and the number of the payment document.

     21. In case of disputes, issues of compensation for harm (damage) are resolved in court in accordance with the legislation of the Republic of Kazakhstan.

 

 

Appendix 1 to the Rules for Compensation of Harm (damage) caused to the victims due to extraordinary situations of a natural Characterform_______________________( Full name (if any) of the Chairman of the Commission for assessment and compensation of material damage)from ________________________( Full name (if available)resident____________________________ tel. ________________________

 

Application for compensation of material damage (damage)

     I ask you to compensate me for the damage caused in connection with

     ____________________________________________________________________

     (the nature of the event is indicated)

     I ask you to compensate for the damage (damage) caused at:

     ____________________________________________________________________

     (region, district, city, place of residence)

     Bank establishment No. __________________________________________________

      Branch number __________________________________________________________

     Personal account or card account _____________________________________________

     in the name of

     ______________________________________________________________

     (Full name (if available)

     Recipient's IIN No. ___________________________________________________

     I am attaching the following documents to the application:

     1. _____________________________________________________________

     2. _____________________________________________________________

     3. _____________________________________________________________

     4. _____________________________________________________________

     5. _____________________________________________________________

     "_______" _________ 20____ G. The applicant ___________( number) (month) (year) signature Full name (if any)

 

 

Appendix 2 to the Rules for Compensation of harm (damage) caused to victims due to extraordinary situations of a natural Characterform

 

The journal of registration of applications for compensation of material damage (damage)

 

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