VICTIMS’ COMPENSATION FUND: DISADVANTAGES AND ADVANTAGES

Authors

  • Askar Yerseitovich Bektenov
  • Nazgul Nurlybayevna Omarova

DOI:

https://doi.org/10.52026/2788-5291_2021_65_2_142

Keywords:

Victims Compensation Fund, The Law, «On the Victims Compensation Fund» , additional state guarantees for the restoration of the rights of citizens in criminal proceedings, compensation for damage in criminal proceedings, social payments to victims, the status of the victim; victims in criminal proceedings, the rights of victims, protection of the rights of victims, ensuring the rights of victims, the procedure for paying compensation to victims.

Abstract

In accordance with the work plan for 2021, the Center for Legal Monitoring of the RSE «Institute of Legislation and Legal Information of the Republic of Kazakhstan» of the Ministry of Justice of the Republic of Kazakhstan conducted an analysis of the effectiveness of the Law of the Republic of Kazakhstan "On the Compensation Fund for Victims" dated January 10, 2018 No. 131-VI.

The article presents the defects and significant shortcomings of the Law identified by the analysis, which require further development, as well as the systematic and social significance of the application of legislation in this area.

The model of improvement and development of the legislation in the field of compensation of damage to the persons who suffered from illegal acts on separate elements of criminal offenses, developed on the basis of the analysis of national and foreign legislation, is offered. The article substantiates the need to consolidate the legislation regulating the procedure for accumulating and making payments from the Victims Compensation Fund in order to ensure the unity, integrity and consistency of the budget legislation of the Republic of Kazakhstan and to avoid excessive burden on the Criminal and Criminal Procedure Codes of the Republic of Kazakhstan.

It is also proposed to clarify the wording of the definition of the concept of «Compensation Fund for Victims», to supplement the Law with a new principle-the principle of «urgency». In order to exclude corruption risks, the necessity of defining in the Law an exhaustive list of documents required for calculating compensation, which are submitted to victims, is justified. Since the Law assigns criminal prosecution bodies to perform functions that are not typical of them, it is proposed to transfer the process of assigning compensation to victims to the format of a public service on the principle of «one window», taking into account the state policy on digitalization of the activities of state bodies and ensuring transparency of their activities.

In addition, a mechanism is proposed to cover the deficit of funds in the Fund by borrowing and using budget balances, as well as extending the requirements of Article 18 of the Budget Code to the Law.

Published

30.06.2021

How to Cite

Bektenov . А. Е., & Omarova . Н. Н. (2021). VICTIMS’ COMPENSATION FUND: DISADVANTAGES AND ADVANTAGES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(65). https://doi.org/10.52026/2788-5291_2021_65_2_142