The Parliament of Kazakhstan has adopted the Law "On the Victim Assistance Fund" and accompanying amendments to the legislation in this area.

“At present, according to the current legislation, the offender is obliged to compensate the harm done to the victim. These bills do not change the existing system of compensation for harm, but create conditions for rendering only primary one-time material assistance to the victims. For this, a new financial institution has been created. However, the fund will not be created as a legal entity, but as an account. Currently, this is the most cost-saving form. The fund’s payments will be carried out by the Treasury. They will be carried out in accordance with the procedure established by the budget legislation,” – Minister of Finance Bakhyt Sultanov said.

According to him, the law determined five sources of money for the fund: compulsory payments, collected by the court; pecuniary penalties imposed by the court for non-fulfillment of procedural obligations; income from correctional labor; money recovered in the course of recourse (counter) claims, as well as other sources not prohibited by the legislation of the Republic.

“As international law enforcement practice shows, compensation for victims is not paid under all articles of criminal legislation. Therefore, the bill provides for three categories of victims under 46 articles, that is, 124 crimes of the Criminal Code, for which compensation will be paid,” – Bakhyt Sultanov said.

He informed that the Law defines the purposes of compensation and the procedure for payment from the fund. State bodies that carry out the functions of criminal prosecution explain the rights of the victim to receive compensation and review their applications, prescribe the amount of compensation and compile a register of beneficiaries with subsequent submission to the treasury. Then the compensation is transferred to the beneficiary's bank account.

On the basis of the Law “On the Victim Assistance Fund”, amendments were made to other Legislative Acts through the accompanying Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Victim Assistance Fund”.

KAZINFORM

Published: 28 December 2017

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