On financial incentives for citizens who reported information to special state and law enforcement agencies that will help prevent or suppress an act of terrorism

On financial incentives for citizens who reported information to special state and law enforcement agencies that will help prevent or suppress an act of terrorism

The Government of the Republic of Kazakhstan adopted Resolution No. 685 dated November 9, 2016 “On Approval of the Rules for Establishing and Paying Remuneration for Information that Helped Prevent or Suppress an Act of Terrorism”. In accordance with the procedure for establishing and paying remuneration for information that helped prevent or suppress an act of terrorism, persons who provided information that helped prevent or suppress an act of terrorism are paid remuneration by the authorized body.

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 by 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 calculation indices (hereinafter referred to as the 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 a corresponding application to the territorial body of the authorized body (hereinafter referred to as the territorial body).

A reward to a person who provided information that helped prevent or suppress an act of terrorism is paid if, in relation to the guilty person:

1) a judgment of conviction or a court decision on the application of a compulsory measure of a medical nature has entered into 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 Code of Criminal Procedure);

2) a decision was made to terminate the criminal case on the grounds provided for in subparagraphs 9), 11) and 12) of the first part of Article 35 of the Code of Criminal Procedure.

The territorial body within three working days notifies the person who provided information that helped prevent or suppress an act of terrorism of the emergence of the right to receive remuneration.

A person who 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 subparagraphs 2), 4) and 5) of paragraph 6 of these Rules.

The territorial body, within ten working days from the date of the emergence of the right to remuneration in accordance with paragraph 4 of these Rules, forms and sends to the structural unit of the authorized body, determined by the chairman of the authorized body (hereinafter referred to as the authorized unit), the following documents:

1) a petition of a territorial body;

2) a copy of the stub of the notification coupon;

3) a copy of a judgment of conviction that has entered into legal force or a court decision on the application of a compulsory measure of a medical nature or a copy of the decision to terminate the criminal case on the grounds provided for in subparagraphs 9), 11) and 12) of the first part of Article 35 of the Code of Criminal Procedure;

4) a copy of the identity document of the person who provided information that helped prevent or suppress an act of terrorism, indicating an individual identification number;

5) the original certificate of a second-tier bank indicating the current bank account of the person who provided information that helped prevent or suppress an act of terrorism. In the absence of a current bank account, a person independently opens a current bank account in any second-tier bank.

The authorized unit, within ten working days from the date of receipt of all necessary documents, checks them for completeness and accuracy and prepares a draft order of the authorized body to pay 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 execution of documents are identified, the authorized unit returns to the territorial body the documents specified in paragraph 6 of these Rules in order to eliminate errors and simultaneously notify the person who provided information that helped prevent or suppress an act of terrorism about the reasons and timing of the delay payment of remuneration. The territorial body, after eliminating the shortcomings and inaccuracies, resends the documents specified in paragraph 6 of these Rules to the authorized unit within ten days.

After the issuance of an order of the authorized body on the payment of remuneration, the territorial body pays remuneration to the person who provided information that helped 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 issuance of the order for payment rewards.

The territorial authority notifies, within three days, the person who provided information that helped prevent or suppress an act of terrorism.