LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 10, 2018 No. 132-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning Fund of compensation by the victim

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; The Law of the Republic of Kazakhstan of November 30, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2017; The law of the Republic of Kazakhstan of December 25, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 26, 2017; The Law of the Republic of Kazakhstan of December 26, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 27, 2017):

Table of contents to add 1) with heading of Article 52-2 of the following content:

"Article 52-2. Receipts in Fund of compensation by the victim";

The subitem 14) of Item 1 of Article 3 to state 2) in the following edition:

"14) the central authorized body on budget implementation - the central executive body performing management and cross-industry coordination in the field of budget implementation, conducting financial accounting, budget accounting and budget reports on execution of the republican budget and, within the competence, local budgets, Fund of compensation by the victim, National fund of the Republic of Kazakhstan based on the report of National Bank of the Republic of Kazakhstan;";

Part third of Item 3 of Article 6 to state 3) in the following edition:

"The consolidated budget is the centralized cash fund of the state combining the republican budget, budgets of areas, cities of republican value, the capital, receipt and expenses of National fund of the Republic of Kazakhstan, receipt and expenses of Fund of compensation by the victim without mutually repayable transactions between them.";

Subitems 4) and 5) of Item 2 of Article 49 to state 4) in the following edition:

"4) the penalties, penalty fee, sanctions, penalties imposed by the public institutions financed from the republican budget, and also containing and financed from the budget (expense budget) of National Bank of the Republic of Kazakhstan, except for receipts from the organizations of oil sector and in Fund of compensation by the victim;

5) other non-tax receipts in the republican budget, except for receipts from the organizations of oil sector and in Fund of compensation by the victim";

To add 5) with Article 52-2 of the following content:

"Article 52-2. Receipts in Fund of compensation by the victim

1. Non-tax receipts in Fund of compensation by the victim are:

1) the compulsory payments enforced by court;

2) the cash penalties imposed by court for non-execution of the procedural obligations provided by Articles 71, of 78, of 80, of 81, of 82, of 90, of 142, 156 both 165 Codes of penal procedure of the Republic of Kazakhstan, and violation of procedure in judicial session on the victim, the witness, the specialist, the translator and other persons, except for the lawyer, the prosecutor and the defendant;

3) cash penalties from the convict concerning whom the conviction of court took legal effect and to which penalty in the form of corrective works is imposed;

4) the money collected according to the procedure of recourse requirements according to article 11 of the Law of the Republic of Kazakhstan "About Fund of compensation by the victim";

5) other sources which are not prohibited by the legislation of the Republic of Kazakhstan";

6) in Article 88:

add Item 1 with the subitem 12) of the following content:

"12) with transfer of receipts of the money sent to Fund of compensation by the victim (the account of Fund) and carrying out payment of compensation, the stipulated by the legislation Republic of Kazakhstan about Fund of compensation by the victim";

to state part one of Item 2 in the following edition:

"2. Transactions on receipts and the registered payments, and (or) money transfers from control accounts of cash of the relevant budgets, Fund compensations by the victim, National fund of the Republic of Kazakhstan, from realization of goods by public institutions (works, services) are considered according to single budget classification and codes of public institutions";

Part one of Item 3 of Article 98 to state 7) in the following edition:

"3. Drawing of collection orders to the single treasurer account and the accounts in foreign currency opened for the central authorized body on budget implementation into special accounts of external loans or the connected grants, accounts is not allowed to special accounts of external loans or the connected grants, control accounts of cash of the relevant budgets, National fund of the Republic of Kazakhstan, temporary placement of money, rekonvertation of external loans or the connected grants, Fonda of compensation by the victim";

To add Article 104 with Item 3-1 of the following content:

"3-1. Remaining balance of money of Fund of compensation by the victim are not subject to withdrawal (transfer) in the government budget".

2. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-I, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; The Law of the Republic of Kazakhstan of December 26, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 27, 2017):

1) in table of contents:

to state heading of Section 7 in the following edition:

"Section 7. Enforcement powers of medical nature. Other measures of criminal law action";

add with headings of Articles 98-1 and 98-2 of the following content:

"Article 98-1. Compulsory payment

Article 98-2. Size of compulsory payment";

Article 3 to add 2) with Item 26-1) of the following content:

"26-1) compulsory payment are obligation of person who made criminal offense on payment of the fixed sum of money collected on conviction of court according to the legislation of the Republic of Kazakhstan on Fonda of compensation by the victim;";

3) in part one of Article 42 of the word "income of the state" shall be replaced with words "Fund of compensation by the victim";

Heading of Section 7 to state 4) in the following edition:

"Section 7. Enforcement powers of medical nature. Other measures of criminal law action";

To add 5) with Articles 98-1 and 98-2 of the following content:

"Article 98-1. Compulsory payment

For the purpose of protection of the rights and legitimate interests of the victims from the perpetrator which made criminal offense, compulsory payment in the form of the fixed sum of money, stipulated in Clause 98-2 of this Code it is collected by court according to the procedure, stipulated by the legislation the Republic of Kazakhstan about Fund of compensation by the victim.

Article 98-2. Size of compulsory payment

The compulsory payment is enforced by court according to the procedure, stipulated by the legislation the Republic of Kazakhstan about Fund of compensation by the victim, in the amount of for:

1) criminal offenses - five monthly settlement indicators;

2) crimes of small weight - ten monthly settlement indicators;

3) crimes of average weight - fifteen monthly settlement indicators;

4) serious crimes - twenty monthly settlement indicators;

5) especially serious crimes - thirty monthly settlement indicators".

3. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 15-I, 15-II, Art. 88; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16; No. 14, Art. 50, 53; No. 16, Art. 56; The Law of the Republic of Kazakhstan of December 12, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 14, 2017; The law of the Republic of Kazakhstan of December 21, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning upgrade of procedural bases of law-enforcement activities", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 22, 2017):

Heading of Article 173 to state 1) in table of contents in the following edition:

"Article 173. Fund of compensation by the victim";

Paragraph one of part six of Article 71 to add 2) with Item 23) of the following content:

"23) on receipt of compensation according to the legislation of the Republic of Kazakhstan on Fonda of compensation by the victim";

Item 18) parts two of Article 73 to exclude 3);

Article 173 to state 4) in the following edition:

"Article 173. Fund of compensation by the victim

1. The victims in cases and procedure, stipulated by the legislation the Republic of Kazakhstan about Fund of compensation by the victim, have the right to compensation.

2. The court enforces compulsory payment according to articles 98-1 and 98-2 of the Criminal Code of Kazakhstan.

3. The obligation on compensation of the money paid as compensation, court assigns in the amount of, established by the Law of the Republic of Kazakhstan "About Fund of compensation by the victim", on:

1) perpetrator;

2) legal representatives of the minor found guilty of crime execution;

3) the legal entity bearing liability for the harm done by criminal offense of physical person according to the laws of the Republic of Kazakhstan.

4. The resolution on the termination of pre-judicial investigation on the bases provided by Items 3), 4) and 12) of Article part one 35, part one of article 36 of this Code is the basis for money recovery according to the procedure of civil legal proceedings in Fund of compensation injured from the faces specified in part three of this Article, in the amount of, established by the Law of the Republic of Kazakhstan "About Fund of compensation by the victim".

5. The money paid to the victims from Fund of compensation by the victim is subject to collection from the factual determination of submission of false information which was injured in cases to them for receipt of compensation, and also retraining of criminal offenses on structures, not the stipulated in Article 6 Laws of the Republic of Kazakhstan "About Fund of compensation by the victim", and the terminations of criminal case or the introduction in legal force of the verdict of not guilty of court in the absence of event of criminal offense";

Part one of Article 390 to add 5) with Item 15-1) of the following content:

"15-1) about application of other measures of criminal law action in the cases provided by articles 98-1 and 98-2 of the Criminal Code of Kazakhstan;";

Article 401 to state 6) in the following edition:

"Article 401. Other questions which are subject to the decision in substantive provisions of sentence

In substantive provisions both accusatory, and the verdict of not guilty, except the questions listed in Articles 398 and 400 of this Code shall contain:

1) the decision according to the made civil action;

2) solution of question of physical evidences;

3) decision on distribution of procedural costs;

4) instruction about procedure and term of appeal appeal or review for the petition of the prosecutor of sentence;

5) the solution of question of cancellation or on continuation of implementation of security measures concerning protected persons;

6) the solution on cancellation, on preserving measures of ensuring confiscation, and also measures for providing the civil action if such measures were taken.

Also shall contain in substantive provisions of conviction the decision on collection of the compulsory payments in Fund of compensation by the victim, their sizes and the decision for recourse requirements to the perpetrator on refund paid as compensation to the victim from the specified Fund.

In case of the resolution of the verdict of not guilty the court constitutes the notice with explanation of procedure for the indemnification caused by illegal criminal prosecution which is handed justified after announcement of sentence";

Part the second Article 673 to state 7) in the following edition:

"2. Article provisions 173 of this Code about Fund of compensation by the victim become effective from the date of enforcement of the laws of the Republic of Kazakhstan "About Fund of compensation by the victim" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning Fund of compensation by the victim" and according to them".

4. In the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 17, Art. 91; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 131; 2015, No. 7, Art. 33; No. 20-І V Art. 113; No. 22-III, Art. 149; No. 23-II, Art. 170; 2016, No. 8-II, Art. 67; No. 23, Art. 118; No. 24, Art. 126, 129, 131; 2017, No. 8, Art. 16; No. 14, Art. 50; No. 16, Art. 56):

1) in parts one and the fourth Article 52 of the word "income of the state" shall be replaced with words "Fund of compensation by the victim";

2) in the subitem 3) of Article 55 of the word "income of the state" shall be replaced with words "Fund of compensation by the victim";

3) in the subitem 1) of part one of Article 56 of the word "income of the state" shall be replaced with words "Fund of compensation by the victim".

5. In the Law of the Republic of Kazakhstan of August 2, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 16, Art. 79; No. 22-I, Art. 143; 2016, No. 7-II, Art. 55):

2) of Article 2 to state the subitem in the following edition:

"2) Item 1, the subitem 1) Item 3, Item 9, paragraphs of the fourth and tenth subitem 1), the subitem 2), paragraphs two - the seventh subitem 7), paragraphs two and the third subitem 12) Item 13 and Item 16 of Article 1, which become effective since April 20, 2016;".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication, except for subitems 1), 2), 3) and 4), paragraphs of the first, second, third, fourth, fifth, sixth and eighth subitem 5), subitems 6), 7) and 8) of Item 1, of Items 2, 3 and 4 Articles 1, which become effective since July 1, 2018, and the paragraph of the seventh subitem 5) of Item 1 of Article 1, which becomes effective since July 1, 2020.

 

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