Unofficial translation
Footnote. The title has been amended in the Kazakh language; the text in the Russian language remains unchanged by Order No. 11-1-4/291 of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 21.05.2025 (shall come into effect ten calendar days after its first official publication).In accordance with Article 6, subparagraph 27-14) of the Law of the Republic of Kazakhstan "On diplomatic service of the Republic of Kazakhstan" I hereby ORDER:
1. To approve the attached Rules for the payment of a lump-sum compensation in the event of the death of a diplomatic service officer or a diplomatic service employee in the performance of official duties abroad, or death within one year as a result of an injury sustained in the performance of official duties abroad, the determination of disability resulting from a disease, injury (wound, trauma, or contusion) sustained in the performance of official duties abroad, and the sustaining of an injury (wound, trauma, or contusion) not resulting in disability in the performance of official duties abroad.
Footnote. Paragraph 1 has been amended in the Kazakh language; the Russian text remains unchanged by Order No. 11-1-4/291 of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 21.05.2025 (shall come into effect ten calendar days after its first official publication).2. The monetary and financial department of the Ministry of Foreign Affairs of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Department of Legal Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan of information on the implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.
3. Control over the execution of this order shall be entrusted to the Chief of Staff of the Ministry of Foreign Affairs of the Republic of Kazakhstan.
4. This order shall enter into force upon expiry of ten calendar days after the day of its first official publication.
|
Acting Minister of Foreign Affairs of the Republic of Kazakhstan |
Sh. Nuryshev |
"AGREED"
Minister of Finance
of the Republic of Kazakhstan
____________________
_________"__", 2021
| Approved by order of Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated July 26, 2021 № 11-1-4/302 |
The Rules for the payment of a lump-sum compensation in the event of the death of a diplomatic service officer or a diplomatic service employee in the performance of official duties abroad, or death within one year as a result of an injury sustained in the performance of official duties abroad, the determination of disability resulting from a disease, injury (wound, trauma, or contusion) sustained in the performance of official duties abroad, and the sustaining of an injury (wound, trauma, or contusion) not resulting in disability in the performance of official duties abroad
Footnote. The Rules - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 21.05.2025, No. 11-1-4/291 (shall come into effect ten calendar days after its first official publication).
Chapter 1. General Provisions
1. These Rules for the payment of a lump-sum compensation in the event of the death of a diplomatic service officer or a diplomatic service employee in the performance of official duties abroad, or death within one year as a result of an injury sustained in the performance of official duties abroad, the determination of disability resulting from a disease, injury (wound, trauma, or contusion) sustained in the performance of official duties abroad, and the sustaining of an injury (wound, trauma, or contusion) not resulting in disability in the performance of official duties abroad (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 27-14) of Article 6 of the Law of the Republic of Kazakhstan "On the Diplomatic Service of the Republic of Kazakhstan" (hereinafter referred to as the Law) and shall determine the procedure for the payment of a lump sum compensation in the event of the death of an employee of the diplomatic service or an employee of the diplomatic service (hereinafter referred to as the Diplomatic service personnel) while performing official duties abroad, or death within a year due to an injury received while performing official duties abroad, the establishment of a disability resulting from an illness, injury (wounds, trauma, contusion) received in the performance of official duties abroad, and receiving an injury (wound, trauma, contusion) not resulting in disability in the performance of official duties abroad (hereinafter referred to as the Lump-sum compensation).
2. In accordance with paragraph 14 of Article 25 of the Law, a lump-sum compensation shall not be paid if it is proven in the established manner that the death, illness, injury (wound, trauma, contusion) of diplomatic service personnel occurred due to circumstances not related to the performance of official duties.
Chapter 2. Procedure for submitting documents required to receive a lump sum compensation in the event of the death of diplomatic service personnel while on duty abroad
3. In the event of the death of diplomatic service personnel while on duty abroad, a foreign mission of the Republic of Kazakhstan (hereinafter referred to as a Foreign mission) shall immediately send information about this fact to the Human Resources Management Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry), indicating the circumstances that occurred and led to the death of the diplomatic service personnel.
4. No later than 30 (thirty) working days, unless other timeframes are provided for by the legislation of the host state, after the death of diplomatic service personnel, the foreign institution shall send the following documents to the Human Resources Management Service of the Ministry:
1) a copy of the death certificate of the diplomatic service personnel;
2) a report on the death of diplomatic service personnel while on duty abroad in the form in accordance with Appendix 1 to these Rules;
3) copies of a medical death certificate issued by a medical institution or a court decision establishing the fact of death in accordance with the legislation of the host state.
5. The document specified in subparagraph 3) of paragraph 4 of these Rules, drawn up in a foreign language, shall be translated into Kazakh or Russian, certified by the signature of a consular official and affixed with a seal bearing the image of the State Emblem of the Republic of Kazakhstan (hereinafter referred to as the Official seal).
6. If the documents specified in paragraph 4 of these Rules are not received in full, the Human Resources Management Service of the Ministry shall notify the foreign institution of the need to submit the missing documents and shall set a deadline for their submission not exceeding 10 (ten) working days.
7. The spouse or one of the close relatives of the deceased diplomatic service personnel, determined in accordance with the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", no later than 3 (three) months from the date of death of the diplomatic service personnel, shall submit to the Human Resources Management Service of the Ministry an application for payment of a lump-sum compensation in the form according to Appendix 2 to these Rules.
Chapter 3. Procedure for submitting documents required to receive a lump sum compensation in the event of the death of diplomatic service personnel within a year due to an injury sustained while on duty abroad
8. If a diplomatic service personnel is injured while performing official duties abroad, the foreign mission shall immediately send to the Ministry's Human Resources Management Service information about this fact, indicating the circumstances that occurred and led to the injury of the diplomatic service personnel, as well as a report on the injury of the diplomatic service personnel while performing official duties abroad, in the form according to Appendix 3 to these Rules.
A copy of the act provided for in the first part of this paragraph of the Rules shall be submitted by the foreign institution to the personnel of the diplomatic service who have been injured while performing official duties abroad.
9. In the event of the death of diplomatic service personnel within a year as a result of an injury sustained in the performance of official duties abroad, while working at a foreign mission, the foreign mission, the Human Resources Management Service of the Ministry and the spouse or one of the close relatives of the deceased diplomatic service personnel, determined in accordance with the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", shall carry out the actions provided for in Chapter 2 of these Rules.
10. In the event of the death of diplomatic service personnel within a year due to an injury sustained in the line of duty abroad, after the termination of their employment at a foreign mission, the spouse or one of the close relatives of the deceased diplomatic service personnel, determined in accordance with the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", no later than 3 (three) months from the date of death of the diplomatic service personnel, shall apply to the Human Resources Management Service of the Ministry with the following documents:
1) an application for payment of a lump sum compensation in the form in accordance with Appendix 2 to these Rules;
2) a copy of the death certificate of the diplomatic service personnel;
3) a medical conclusion on the death of diplomatic service personnel within one year due to an injury sustained while on duty abroad;
4) a copy of the report submitted by the foreign institution to the personnel of the diplomatic service who were injured while performing official duties abroad, in accordance with paragraph 8 of these Rules.
11. The documents specified in subparagraphs 3) and 4) of paragraph 10 of these Rules, drawn up in a foreign language, shall be translated into Kazakh or Russian, certified by the signature of a consular official and affixed with an official seal.
Chapter 4. The procedure for submitting documents required for the receipt by diplomatic service personnel of a lump-sum compensation in the event of disability resulting from illness, injury (wound, trauma, contusion) received in the performance of official duties abroad, and injury (wound, trauma, contusion) that did not result in disability in the performance of official duties abroad
12. In the event of injury (wound, trauma, contusion) of diplomatic service personnel while performing official duties abroad, a foreign mission shall immediately send to the Ministry's Human Resources Management Service information on this fact, indicating the circumstances that occurred and resulted in the injury (wound, trauma, contusion) of diplomatic service personnel, as well as a report on the injury (wound, trauma, contusion) of diplomatic service personnel while performing official duties abroad, in the form according to Appendix 4 to these Rules.
A copy of the act provided for in the first part of this paragraph of the Rules shall be submitted by the foreign institution to the personnel of the diplomatic service who have received an injury (wound, trauma, contusion) while performing official duties abroad.
13. Personnel of the diplomatic service, in the event of their disability being established as a result of illness, injury (wound, trauma, contusion) received in the performance of official duties abroad, or receiving an injury (wound, trauma, contusion) that did not result in disability, in the performance of official duties abroad, no later than 3 (three) months from the date of the establishment of their disability, shall apply to the Human Resources Management Service of the Ministry with the submission of the following documents:
1) an application for payment of a lump sum compensation in the form in accordance with Appendix 2 to these Rules;
2) a medical certificate confirming the establishment of a disability for diplomatic service personnel, or a medical certificate or examination regarding the fact that diplomatic service personnel received an injury while performing official duties abroad, issued in accordance with the legislation of the host state;
3) a copy of the report submitted by the foreign institution to the personnel of the diplomatic service who were injured while performing official duties abroad, in accordance with paragraph 12 of these Rules.
14. The document specified in subparagraph 2) of paragraph 13 of these Rules, drawn up in a foreign language, shall be translated into Kazakh or Russian, certified by the signature of a consular official and affixed with an official seal.
Chapter 5. Procedure for payment of lump sum compensation
15. The Human Resources Management Service of the Ministry, no later than 10 (ten) working days from the date of receipt of the documents specified in paragraphs 7, 10 and 13 of these Rules, shall verify the completeness of the submitted documents.
16. If documents are not received in full, the Human Resources Service of the Ministry shall notify the person who submitted the documents to the Human Resources Service of the Ministry in accordance with paragraphs 7, 10 and 13 of these Rules (hereinafter referred to as the Applicant) of the need to submit the missing documents and shall set a deadline for their submission that does not exceed 10 (ten) working days.
17. The Human Resources Management Service of the Ministry, within 10 (ten) working days after receiving the complete package of documents, shall develop a draft order of the Minister of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the Minister) or the person acting in his/her stead, on the payment of a lump-sum compensation and submit it for their consideration.
The Minister or the person acting as the Minister, within 5 (five) working days after the submission by the Ministry’s Human Resources Management Service of the draft order on the payment of a lump-sum compensation, shall decide on its signing.
The Ministry's Human Resources Management Service shall notify the applicant of the decision taken by the Minister or the person acting for him within 5 (five) working days.
18. If grounds for refusing to pay a lump sum compensation are identified, the Human Resources Management Service of the Ministry shall notify the applicant, no later than 3 (three) working days before the adoption of the administrative act, of the preliminary decision to refuse to pay a lump sum compensation, as well as the time, date, place, and method of conducting the hearing to provide the applicant with the opportunity to express his position on the preliminary decision.
Based on the results of the hearing, the Ministry's Human Resources Management Service shall develop a draft order of the Minister or the person acting for him on the payment of a lump sum compensation and submit it for their consideration, or send the applicant a reasoned refusal to pay a lump sum compensation.
19. A reasoned refusal to pay a lump sum compensation shall be provided in the case provided for in paragraph 2 of these Rules.
20. The lump sum compensation shall be paid no later than 1 (one) month from the date of adoption of the order of the Minister or person acting in his/her stead on the payment of the lump sum compensation by transfer to the bank account specified in the applications provided for in paragraph 7, subparagraph 1) of paragraph 10 and subparagraph 1) of paragraph 13 of these Rules.
21. The payment of a lump-sum compensation shall be carried out from the republican budget in the amounts established by paragraphs 9, 12 and 13 of Article 25 of the Law.
Certificate on the death (fatality) of diplomatic service personnel performing official duties abroad
1. Name and address of the foreign institution of the Republic of Kazakhstan:
_______________________________________________________________
2. Surname, first name, patronymic (if any), position of deceased (deceased)
of diplomatic service personnel: __________________________________
3. Age of deceased (deceased) of diplomatic service personnel:
_______________________________________________________________
4. Time and date of the incident: ____________________________________
5. Place of incident: __________________________________________
6. Cause of the incident: ________________________________________
_______________________________________________________________
7. Circumstances leading to the incident: _____________________
_______________________________________________________________
8. Witnesses to the incident (if any):
_________________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
_________________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
__________________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
This Act on the death (death) of diplomatic service personnel in performance
official duties abroad shall confirm that the death (death) of personnel
the foreign service came in the performance of his official duties abroad while working in a foreign institution
_________________________________________________________________.
(indicate the name of the foreign institution of the Republic of Kazakhstan)
Application on compensation lump sum
I hereby ask you to pay me ____________________________________________
_________________________________________________________________________
(indicate last name, first name, patronymic (if any), degree of kinship with respect to
personnel of the diplomatic service of the Republic of Kazakhstan, except
when the applicant is the personnel of the diplomatic service of the Republic of Kazakhstan)
compensation lump sum in connection with the incident ________________________
_________________________________________________________________________
_________________________________________________________________________
(indicate the nature of the incident for which compensation lump sum is paid)
and transfer to the following bank details: ____________________________
_________________________________________________________________________.
(indicate the bank details of the personal account or cards - the recipient's account)
I hereby attach the following documents to the application:
1.__________________________________
2.__________________________________
3.__________________________________
_____________ "___",___ 20
_________________________________________________________________________
Surname, first name, patronymic (if any) of the applicant
_____________________
(applicant's signature)
Documents accepted:
_____________"___", ___ 20
_________________________________________________________________________
Surname, first name, patronymic (if any)
official of the Personnel Management Service of the Ministry of Foreign Affairs
of the Republic of Kazakhstan
___________________________
(signature of an official
Human Resources Services
of the Ministry of Foreign Affairs
of the Republic of Kazakhstan
Certificate on injury by diplomatic service personnel while performing official duties abroad
1. Name and address of the foreign institution of the Republic of Kazakhstan:
_______________________________________________________________
2. Surname, first name, patronymic (if any), position of
the injured diplomatic service personnel:
_______________________________________________________________
3. Age of the injured foreign service personnel: ___
4. Time and date of the incident: ____________________________________
5. Place of the incident: __________________________________________
6. Cause of the incident: ________________________________________
_______________________________________________________________
7. Circumstances leading to the incident: _____________________
_______________________________________________________________
8. Witnesses to the incident:
____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
9. Physical condition of injured diplomatic service personnel
at the time of injury:
_______________________________________________________________.
This Certificate on injury by diplomatic service personnel while performing official duties abroad shall confirm that the injury of the diplomatic service personnel occurred in the performance of their official duties abroad while working in a ___________________________________________________ foreign institution.
(indicate the name of the foreign institution of the Republic of Kazakhstan)
Certificate of injury (wound, injury, concussion) by personnel of diplomatic service while performing official duties abroad
1. Name and address of the foreign institution of the Republic of Kazakhstan:
_______________________________________________________________
2. Surname, first name, patronymic (if any), position of the diplomatic service personnel injured (wound, injury, concussion):
_______________________________________________________________
3. Age of diplomatic service personnel injured (wound,
injury, concussion): ___________________________________________________
4. Time and date of the incident: ____________________________________
5. Place of the incident: __________________________________________
6. Cause of the incident: ________________________________________
_______________________________________________________________
7. Circumstances leading to the incident: _____________________
_______________________________________________________________
8. Witnesses to the incident:
_____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
_____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
____________________________________________________ __________
(Last name, first name, patronymic (if any), position) (signature)
_______________________________________________________________
9. Physical condition of diplomatic service personnel of the injured
(wound, injury, concussion) at the moment of injury (wound, injury, concussion):
___________________________________________________
_______________________________________________________________
10. Type of injury: _________________________________________________.
(wound, trauma, injury, concussion)
This certificate on injury (wound, trauma, injury, concussion) by diplomatic service personnel while performing official duties abroad
shall confirm that personnel are injured (wound, injury, concussion)
the foreign service occurred in the performance of his official duties abroad while working in a foreign institution
___________________________________________________.
(indicate the name of the foreign institution of the Republic of Kazakhstan)