Effective from January 1, 2017.
In accordance with paragraph 3 of Article 9 of the Law of the Republic of Kazakhstan of July 13, 1999 "On Countering Terrorism", the Government of the Republic of Kazakhstan DECIDES:
1. Approve the attached Rules for the establishment and Payment of Remuneration for information that has helped to prevent or suppress an act of terrorism.
2. This resolution shall enter into force on January 1, 2017 and shall be subject to official publication.
Prime Minister
Republic of Kazakhstan
B. Sagintayev
Approved
by the Government Decree
of the Republic of Kazakhstan
dated November 9, 2016 No. 685
Rules
for establishing and paying remuneration for information
that helped prevent or suppress an act of terrorism
1. General provisions
1. These Rules for establishing and paying remuneration for information that helped prevent or Suppress an act of terrorism (hereinafter referred to as the Rules) are developed in accordance with paragraph 3 of Article 9 of the Law of the Republic of Kazakhstan of July 13, 1999 "On Countering Terrorism" and define the procedure for establishing and paying remuneration for information that helped prevent or suppress an act of terrorism.
2. Payment of remuneration is made at the expense of the budget funds provided to the authorized state body for the coordination of activities in the field of countering terrorism (hereinafter referred to as the authorized body) for the corresponding financial year for these purposes.
2. The procedure for establishing and paying remuneration for information
that helped prevent or suppress an act of terrorism
3.The authorized body shall pay remuneration to persons who have provided information that has helped to prevent or suppress an act of terrorism.
The remuneration is paid in a lump sum and is set in the following order:
1) in criminal cases on an act of terrorism provided for in parts one and two of Article 255 of the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (hereinafter referred to as the Criminal Code) - 750 (seven hundred and fifty) monthly calculated indicators (hereinafter referred to as MCI);
2) in criminal cases on an act of terrorism provided for in parts three and four of Article 255 of the Criminal Code-1000 (one thousand) MCI.
In case of refusal of remuneration, the person who provided information that helped prevent or suppress an act of terrorism, submits an appropriate application to the territorial body of the authorized body (hereinafter referred to as the territorial body).
4. Remuneration to a person who has provided information that helped prevent or suppress an act of terrorism is paid if, in relation to the guilty person,:
1) a guilty verdict or a court decision on the application of a compulsory medical measure has entered into legal force in accordance with article 521 of the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 (hereinafter referred to as the CPC);
2) a decision was made to terminate the criminal case on the grounds provided for in sub-paragraphs 9), 11) and 12) of part one of Article 35 of the Code of Criminal Procedure.
5. The territorial authority shall, within three working days, notify the person who has provided information that has helped to prevent or suppress an act of terrorism of the occurrence of the right to receive remuneration.
A person who has provided information that helped prevent or suppress an act of terrorism shall submit to the territorial authority at the place of residence the documents specified in sub-paragraphs 2), 4) and 5) of paragraph 6 of these Rules.
6. Within ten working days from the date of the right to remuneration in accordance with paragraph 4 of these Rules, the following documents shall be formed and sent to the structural subdivision of the authorized body determined by the chairman of the authorized body (hereinafter referred to as the authorized division)::
1) application of the territorial authority;
2) a copy of the ticket-notification stub;
3) a copy of a legally binding conviction or court order on the application of a compulsory medical measure, or a copy of a decision on the termination of a criminal case on the grounds provided for in sub-paragraphs 9), 11) and 12) of part one of Article 35 of the CPC;
4) a copy of the identity document of the person who provided information that helped prevent or suppress an act of terrorism, with an individual identification number;
5) the original certificate of the second-tier bank indicating the current bank account of the person who provided information that helped prevent or suppress an act of terrorism. If there is no current bank account, the person independently opens a current bank account in any second-tier bank.
7. The authorized division within ten working days from the date of receipt of all necessary documents checks them for completeness and reliability and prepares a draft order of the authorized body on the payment of remuneration to the person who provided information that helped prevent or suppress an act of terrorism.
If, during the verification process, deficiencies and inaccuracies in the preparation of documents are identified, the authorized unit returns to the territorial authority the documents specified in paragraph 6 of these Rules to eliminate errors and simultaneously notify the person who provided information that helped prevent or suppress an act of terrorism of the reasons and terms of the delay in payment of remuneration.
The territorial authority, after eliminating the shortcomings and inaccuracies, re-sends the documents specified in paragraph 6 of these Rules to the authorized division within up to ten days.
8. After the issuance of the order of the authorized body on the payment of remuneration, the territorial body shall pay remuneration to the person who provided information that helped to prevent or suppress an act of terrorism, through the territorial divisions of the treasury, to his current bank account in a second-tier bank within sixty calendar days from the date of the issuance of the order on the payment of remuneration.
9. The territorial authority notifies within three days the person who provided information that helped prevent or stop an act of terrorism of the transfer of funds to his current bank account in a second-tier bank, in accordance with the procedure established by law.