On approval of the draft Protocol on the Implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on reimbursement of costs related to the implementation of protective measures
Decree of the President of the Republic of Kazakhstan dated September 15, 2016 No. 338
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I DECREE: 1. To approve the attached draft Protocol on the implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on reimbursement of costs related to the implementation of protective measures. 2. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
N. Nazarbayev
Approved by Decree of the President of the Republic of Kazakhstan on September 15, 2016 No. 338
Project
Protocol on the Implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on reimbursement of expenses related to the implementation of protective measures
Participating States Agreements on the Protection of Participants in Criminal Proceedings dated November 28, 2006 (hereinafter referred to as the Agreement), in order to determine the procedure for implementing the provisions of paragraph 1 of Article 28 of the Agreement, expressing a desire to fully resolve the issues of reimbursement of costs related to the implementation of protective measures, agreed as follows:
Article 1
For the purposes of this Protocol, the terms provided by the Agreement are used.
Article 2
This Protocol defines the procedure for planning expenses related to the implementation of protective measures provided for in Article 4 of the Agreement, their reimbursement by the competent authority of the requesting Party, as well as the submission of accounting documents on financial and material costs incurred. This Protocol does not affect the issues of reimbursement of expenses related to the conduct of operational search activities in the implementation of the provisions of Article 11 of the Agreement.
Article 3
The competent authorities of the Parties shall exchange relevant legislative and other normative legal acts of their States, materials on the practice of their implementation, statistical data and methodological recommendations in the field of organization and implementation of protective measures necessary for the implementation of the Agreement.
Article 4
Reimbursement of expenses of the requested Party for the acquisition of property, payment for works, services and disbursement of funds to the protected person at the expense of the Cost Estimates in accordance with Annex 1 to this Protocol (hereinafter referred to as the Estimate) does not entail the transfer of ownership, use and disposal rights to the requesting Party. The amount of accrued depreciation on property acquired beyond Estimates, the value of property consumed during the period of its use by the protected person when applying protective measures, the acquisition of which was not carried out according to Estimates, are also not reimbursed to the requested Party. Ownership, use and disposal rights for food, tobacco products, clothing, footwear, personal hygiene items, medicines for medical use and medical devices, children's goods and other essential property, works, services purchased at the expense of Estimates, as well as funds provided in cases established by national legislation. according to the legislation of the Parties, at the expense of Estimates to the protected person, they are transferred to him from the moment they are received by the protected person. The procedure for reimbursement of expenses related to personal protection, assistance in changing the place of work (service) or study of the protected person is determined by agreement of the competent authorities of the Parties.
Article 5
The requesting Party does not purchase real estate and vehicles in the territory of the requested Party, the costs for the purchase of this property are not included in the Estimate and are not reimbursable.
Article 6
The transfer of the protected person by the requesting Party to the requested Party and back is carried out on the territory of the requested Party under an Act in accordance with Annex 2 to this Protocol (hereinafter referred to as the Act). The financial and logistical support of the protected person by the requested Party is carried out during the period of application of the protection measure and begins (ends) from the moment of signing the Act. Periods of temporary absence of the protected person under the protection of the requested Party are also formalized by acts. At the same time, financial and logistical support for certain measures (rental of residential premises, protection of housing and property, etc.) may not be terminated by decision of the requested Party.
Article 7
The draft Estimate is agreed upon by the competent authorities of the Parties prior to sending a request for the implementation of protective measures (hereinafter referred to as the Request), taking into account the prices (tariffs) in force in the territory of the requested Party and the standards applied by the requested Party in accordance with national legislation. The estimate is prepared in the national currency of the requested Party, unless otherwise stipulated by separate international agreements of the Parties, and submitted by the competent authority of the requesting Party at the same time as the Request. The estimate is formed with details according to the years of application of protective measures. The Estimate (a new version of the Estimate in case of changes in its indicators) is approved by the head of the competent authority of the requesting Party or his deputy and certified with the stamp of this authority.
Article 8
The reporting period is a calendar year. The competent authority of the requested Party shall, no later than 45 calendar days after the end of the quarter, send a letter to the competent authority of the requesting Party indicating the amount to be reimbursed and the details of the account to which the funds are to be transferred. The letter shall be accompanied by Information on expenses (Appendix 3 to this Protocol) and an invoice for payment, certified with the stamp of the competent authority of the requested Party, containing the date of its compilation, the name of the payer - the competent authority of the requesting Party, the name of the recipient - the competent authority of the requested Party, the details of the recipient's bank. - the competent authority of the requested Party, the purpose of the payment (information with limited access is not indicated), the amount of the payment (within the Estimate), the currency of the payment, signatures of persons authorized to sign it, and other details (information). Primary documents on the use of funds and material assets, Estimates and Information on expenses, as well as, if necessary, documents confirming the official exchange rate, shall be kept by the requested Party for 5 years from the date of completion of the measures provided for in Article 13 of this Protocol. The documents drawn up in the language of the requested Party shall be accompanied by a certified translation into Russian.
Article 9
The costs associated with the relocation of the protected person, including travel and transportation of personal property, including the cost of packaging, loading (unloading), to the place of transfer of the protected person in the territory of the requested Party and back, shall be borne by the requesting Party. These costs are not included in the Estimate.
Article 10
Documents confirming that the requested Party has incurred expenses during the implementation of the Agreement are drawn up in accordance with national legislation and regulatory legal acts of the competent and other authorities of the requested Party.
Article 11
The competent authority of the requesting Party shall, within 45 calendar days from the date of receipt of the documents referred to in Article 8 of this Protocol, review them and transfer funds to the account of the competent authority of the requested Party. If there is disagreement, an appropriate appeal is sent to the competent authority of the requested Party. The transfer of funds is carried out in the amount of the actual expenses incurred in the past quarter, in accordance with the Information on expenses within the appropriations approved according to the Estimates for the corresponding year. After the termination of protective measures, the final settlement between the competent authorities of the Parties is carried out with the preparation of reconciliation reports of mutual settlements. The reconciliation report of mutual settlements is drawn up by the requesting Party in two copies, which are sent to the requested Party simultaneously with the transfer of funds in order to repay the debt owed to the requested Party on the day of termination of protective measures. The requested Party, within 45 calendar days from the date of receipt of the reconciliation report, shall send to the requesting Party a copy of the reconciliation report signed by authorized persons and stamped by the competent authority of the requested Party.
Article 12
Settlements between the competent authorities of the Parties in connection with the implementation of Article 28 of the Agreement are made in the national currency of the requested Party, unless otherwise established by separate international treaties of the Parties.
Article 13
Control over the financial and logistical support of the protected person, carried out by the requested Party, is carried out no later than 3 months from the date of termination of protection measures. Control measures are implemented in accordance with the procedure established by the national legislation of the requested Party. The results of control measures are reviewed by the requested Party in accordance with the procedure established by the national legislation of the requested Party. If issues arise as a result of the inspections that require joint consideration by the Parties, the materials (extracts from the materials) are sent to the requesting Party in the part concerning it.
Article 14
This Protocol shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatory States of the internal procedures necessary for its entry into force. For States that have completed the necessary procedures later, this Protocol shall enter into force on the date of deposit of the relevant documents with the depositary. This Protocol shall terminate simultaneously with the Agreement. Done in the city of the year in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.
For the Republic of Azerbaijan
For the Russian Federation
For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Moldova
Appendix 1 to the Protocol on the Implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on the reimbursement of expenses related to the provision of protective measures
(sample)
The degree of access restriction is limited. № ____
Approving the Head (Deputy)of the competent authority of the requesting Party,special title,personal signature, initials, surname" " 20
M.P.
Cost estimates from ______ № _________ to the Request from ________________ № _______
(currency)
Download
No. p / p
Name of protection measures
The period (beginning of the period) of application of protective measures
The amount
Note
(year)
(year)
Total for the period of application of the protection measure
1
2
3
4
5
6
7
1.
2.
Total:
Calculation of the planned costs of protection measures: AGREED Head (deputy) of the competent authority of the requested Party, special title, personal signature, initials, surname
" ___ " ______________ 20 __ G.
MP.
Appendix 2 to the Protocol on the Implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on the reimbursement of expenses related to the provision of protective measures
(sample)
The degree of access restriction is limited. № _______
Act
Download
" __ " _________ 20 __ G.
g. _________________
I am, ______________________________________________________________________________ ( position, competent authority, title, initials, surname) ________________________________________________________________________________ ________________________________________________________________________________ passed it on ________________________________________________________________________________ ( position, competent authority, title, initials, last name) ________________________________________________________________________________ The basis of the transfer ______________________________________________________________ Protected person ________________________________________________________________ ( last name, first name, patronymic, date and place of birth, pseudonym, other) ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ to further implement protection measures in accordance with the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006.
Download
The protected person has transferred:________________________________________________
The protected person accepted:________________________________________________
Appendix 3 to the Protocol on the Implementation of the Agreement on the Protection of Participants in Criminal Proceedings dated November 28, 2006 on the reimbursement of expenses related to the provision of protective measures
(sample)
The degree of access restriction is limited. №
Information about expenses for __________________ 20__ Annual Cost estimates from ___________________ № _________( submitted quarterly cumulative total)
(currency)
Download
No. p / p
Name of protection measures
The date of the beginning of the implementation of the protection measure
The end date of the implementation of the protection measure
Approved according to the cost estimates for the current year
Completed
Subject to refund for reference)
per quarter
since the beginning of the year
per quarter
arrears
total is subject to refund
1
2
3
4
5
6
7
8
9
10
1.
Total:
According columns and _____ is formed ___________________________________________ (a document that serves as invoices) from _ _ _ _ _ _ _ No. in the amount of ________ Data on expenditure on protective measures (corresponding to the count of 6 and 8 of these Information costs): 1. 2. The competent authority of the requested Party note. The information in column 9 is shown in detail by year, quarter (and other indicators).
President
Republic of Kazakhstan
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