The rules for establishing and paying compensation for the information to prevent an act of terrorism

Approved

by the ROK Government regulation

the “09” in Nov 2016 No. 685

Rules

the establishment and payment of remuneration for the information

which helped to prevent or suppress an act of terrorism

  1. General provisions
  2. These Rules of establishment and payment of fees for information which has helped to prevent or suppress an act of terrorism (hereinafter – regulations) developed in accordance with paragraph 3 of article 9 of the Law of the Republic of Kazakhstan of 13 July 1999 “On counteracting terrorism” and determine the procedure for establishment and payment of fees for information which has helped to prevent or suppress an act of terrorism.
  3. Payment of interest is made at the expense of budget funds provided to the authorized state body for the coordination of activities in the sphere of combating terrorism (hereinafter – the authorized body) for the relevant financial year for these purposes.
  4. The procedure of establishing and payment of fees for information
    which helped to prevent or suppress an act of terrorism
  1. Individuals who reported information that helped to prevent or suppress an act of terrorism, the authorised body shall receive remuneration.

The remuneration shall be paid in a lump sum and is installed in the following order:

  • in criminal cases an act of terrorism provided for by parts one and two of article 255 of the Criminal code of the Republic of Kazakhstan dated 3 July 2014 (hereinafter – CC), to 750 (seven hundred fifty) monthly calculation indices (hereinafter – MCI);
  • in criminal cases an act of terrorism provided for by the third and fourth parts of article 255 of the criminal code, 1,000 (one thousand) MCI.

In the case of a refusal of compensation, the person who gives information that helped to prevent or suppress an act of terrorism, submits to the territorial body of the authorized body (further – territorial body) the corresponding statement.

  1. The reward to the person who reported information that helped to prevent or suppress an act of terrorism, shall be paid in case against the perpetrator:

1)entered into force of a guilty verdict or court ruling on application of compulsory measures of a medical nature in accordance with article 521Уголовно procedure code of the Republic of Kazakhstan dated July 4, 2014 (hereinafter – the CCP);

2) ruling on termination of criminal proceedings on the grounds provided for by subparagraphs 9), 11) and 12) of the first part of article 35 of the criminal procedure code.

  1. Territorial authority within three working days shall notify the person who reported information that helped to prevent or suppress an act of terrorism, the emergence of the right to remuneration.

The person who gives information that helped to prevent or suppress an act of terrorism, provides to the territorial authority at the place of residence the documents referred to in subparagraphs 2), 4) and 5) of paragraph 6 of this regulation.

  1. Territorial authority within ten working days from the date when the right to remuneration in accordance with paragraph 4 of this regulation are formed and sent to the structural division of the authorized body defined by the Chairman of the authorized body (hereinafter – authorized subdivision), the following documents:

1) the petition of territorial body;

2) a copy of the counterfoil of the ticket notification;

3) copy of a legally effective conviction or a court ruling on application of compulsory measures of a medical nature or a copy of the resolution on termination of criminal proceedings on the grounds provided for by subparagraphs 9), 11) and 12) of the first part of article 35 of the criminal procedure code;

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

5) original certificates of the Bank of the second level with the current Bank account of the person who reported information that helped to prevent or suppress an act of terrorism. In the absence of a current banking account, a person alone open a current Bank account in any Bank of the second level.

  1. Authorised 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 authorised body on payment of remuneration to the person telling the information, which helped to prevent or suppress an act of terrorism.

The detection in the verification process deficiencies and inaccuracies in execution of documents authorised returns to the territorial authority the documents specified in paragraph 6 of this regulation, to eliminate errors and the simultaneous notification of the person who reported information that helped to prevent or suppress an act of terrorism, the reasons and the timeliness of payments.

Territorial authority after the elimination of defects and inaccuracies in re-directing up to ten days after the documents specified in paragraph 6 of this regulation, the relevant Department.

  1. After the issuance of the order of the authorized body on the remuneration of the territorial authority carried out payment of remuneration to the person telling the information, which helped to prevent or suppress an act of terrorism, through the territorial divisions of the Treasury on his current Bank account in the Bank of the second level within sixty calendar days from the date of issuance of the order on payment of remuneration.
  2. The territorial authority shall notify within three days the person who gives information that helped to prevent or suppress an act of terrorism, transferring funds to his Bank account in Bank of the second level, in the manner prescribed by law.

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(Tupikovy material)

In accordance with article 9 of the Law “On combating terrorism” providing state authorities with information concerning planned or committed acts of terrorism is regarded as a civic duty. For information which has helped to prevent or suppress an act of terrorism, national security Committee of Kazakhstan paid remuneration.

While the ROK Government regulation No. 685 dated 9 November approved the rules for establishing and paying compensation to citizens for information that helped to prevent or suppress an act of terrorism.

The remuneration shall be paid in a lump sum in criminal cases an act of terrorism under article 255 of the Criminal code of RK in size from 750 to 1,000 MCI (1 MCI for 2016 equal 2121 KZT) in that case, if the perpetrator entered into legal force of a guilty verdict.

Territorial authority of the NSC of the RK within 3 days notify the person who marked the emergence of the right to remuneration.

The payment to be made within 60 days after the publication of the relevant order, by transferring the corresponding funds to the Bank account of the person concerned. At the same time in a 3-day period, the person who reported the marked information shall be notice of the transfer of funds to his account.

It should be noted that a person shall not be liable in case of not confirming the information with the indication of threat of act of terrorism, except for the false reports about the preparing act of terrorism (article 273 of the criminal code).

A more detailed mechanism for the establishment and payment of remuneration are set out in the relevant regulations approved by the ROK Government regulation No. 685 dated 9 November

 

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