Published: 2009-11-08
Key Benefits:
Passed 11.06.2004 Annex 215
RT I 2004, 49, 347
Entry into force 24.06.2004
| 11.12.2008 | RT I 2008, 57, 317 | 01.01.2009 |
| 29.10.2009 | RT I 2009, 51, 351 | 08.11.2009 |
Regulation is established pursuant to § 25 (1) of the International Military Co-operation Act
(1) The Regulation establishes the procedure for proceedings regarding extra-contractual claims for compensation for damage caused in the course of international military co-operation, compensation for the claims and waiver of compensation for the damage caused by persons belonging to the composition of armed forces of foreign states staying in Estonia (hereinafter armed forces of a foreign state) and members of Estonian Defence Forces and civil persons serving in the armed forces (hereinafter Estonian Defence Forces).
(2) The provisions of this Regulation apply only to damage caused during peace-time unless otherwise provided for in an international agreement or inter-agency international agreement. The provisions of the Regulation do not apply to the compensation for damage caused in course of acts of war.
(3) In addition to the provisions of Chapter 2 of this Regulation, compensation of damage shall be based on the provision of the State Liability Act, the law of Obligations Act and the Administrative Procedure Act.
[RT I 2009, 51, 351 – entered into force 8.11.2009]
(1) The General Staff of the Defence Forces shall compensate for damage caused upon the performance of duties of armed forces of foreign states staying in Estonia under the similar terms as provided for in the Agreement Between the States Parties to the North Atlantic Treaty Regarding the Status of Their Forces (RT II 2003, 23) pursuant to the provisions of this chapter and the within-named international agreement.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) The compensation of damage caused by armed forces of foreign states staying in Estonia upon the performance of duties under the terms of other international agreements regarding the status of armed forces shall be based on the provisions of this chapter insofar as the corresponding international agreement does not prescribe otherwise.
(3) The General Staff of the Defence Forces may compensate for damage caused by armed forces of foreign states in Estonia out of the performance of duties. Compensation of damage has to be co-ordinated with the Ministry of Defence. The compensation of damage shall be based on this procedure insofar as the corresponding international agreement does not prescribe otherwise.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) The General Staff of the Defence Forces shall send the documents for compensation for damage caused upon the performance of duties by armed forces of foreign states staying in Estonia without the international agreement regarding the status of armed forces to the state which caused the damage. The General Staff of the Defence Forces may enter into negotiations with state which caused the damage in order to organize the compensation for damage involving, if necessary, the Ministry of Defence and the Ministry of Foreign Affairs in the negotiations.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) In case of damage specified in subsection 1, an injured person may directly address the state which caused the damage.
(3) The General Staff of the Defence Forces may compensate for damage specified in subsection 1 with the approval of the Ministry of Defence.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) A person to whom damage has been caused shall submit the General Staff of the Defence Forces an application for the compensation for damage caused by the armed forces of a foreign country upon the performance of duties (hereinafter application).
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) The application shall set out the following data:
1) injured person’s forename and surname, personal identification code or, upon absence thereof, date of birth, contact details;
2) name of destroyed, lost or damaged property and its estimated value on the day on which the property was destroyed, lost or damaged. In case of property damage, its residual values shall be noted;
3) if its is known, the time, place and nature of damage and the person who caused the damage;
4) causal connection between the damage and the activities of the person causing the damage;
5) the extent of applied compensation for damage;
6) the date of submission of the application and signature of the person submitting the application.
(3) If some fact referred to in subsection 2 is not known to the person submitting the application, this will be noted in the application.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) The General Staff of the Defence Forces shall inspect the circumstances indicated in the application within two months as of the moment of receipt of the application. If necessary, the Chief of the General Staff of the Defence Forces shall order an expert assessment to establish the extent of damage or circumstances of damage.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) If necessary, experts out of the armed forces may be involved in the establishment of the extent of damage.
(1) The decision to compensate damage or the decision to refuse the application for compensation for damage shall be executed as the Directive of the Chief of the General Staff of the Defence Forces after the acts provided for in § 5 (1) have been performed.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) If there are not sufficient funds in the budget of the Ministry of Defence area of government in order to pay compensation for damage, the Commander of the Defence Forces shall submit the injured person’s application and an opinion to the Ministry of Defence at the latest within five days together with the budget application for the allocation of the sum of compensation for damage from the reserve fund of the Government of the Republic or the cash reserves of the state budget.
(3) Ministry of Defence shall submit through the Ministry of Finance a proposal to the Government of the Republic for the compensation for damage from the reserve fund of the Government of the Republic or the cash reserves of the state budge pursuant to the procedure provided for in the State Budget Act and legal acts passed on the basis of the Act.
[RT I 2009, 51, 351 – entered into force 8.11.2009]
(4) The amount allocated from the reserve fund of the Government of the Republic or the cash reserves of the state budget shall not include administrative expenses or legal costs related to proceedings regarding claim for compensation for damage.
(1) The state which armed forces have caused damage which has been compensated by the General Staff of the Defence Forces, shall compensate the damage caused to the injured party to the General Staff of the Defence Forces in accordance with concluded foreign agreements and the application submitted by the General Staff of the Defence Forces.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) If damage was compensated pursuant to the procedure provided for in § 6, subsections 2-4, the money shall be correspondingly returned either to the reserve fund of the Government of the Republic or to the cash reserves of the state budget.
If a foreign agreement provides mutual waiver of compensation for damage caused to state assets, the General Staff of the Defence Forces shall ensure that required national acts are performed and, if necessary, shall notify foreign states that the assets are owned by the state, and pursuant to this of waiver of claim for compensation for damage.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) The General Staff of the Defence Forces shall organize the compensation for damage caused upon the performance of duties of Estonian Defence Forces staying in a foreign state under the similar terms as provided for in the Agreement Between the States Parties to the North Atlantic Treaty Regarding the Status of Their Forces from the budget of the Defence Forces pursuant to the provisions of the international agreement referred to and the application of authority dealing with the proceedings regarding the damage caused to the armed forces of a foreign state.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(2) If necessary, the General Staff of the Defence Forces shall inspect the circumstances of damage, including the damage caused upon performance of duties or outside the performance of duties.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(3) Administrative expenses or legal costs shall not be included in the compensation for damage paid to a foreign state.
(4) Damage caused by Estonian Defence Forces staying in a foreign state out of the performance of duties shall be compensated from the budget of the Defence Forces. Compensation for damages shall be co-ordinated with the Ministry of Defence.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
The General Staff of the Defence Forces shall conduct proceedings regarding compensation for damage caused under other terms than referred to in § 9 (1) or the compensation of damaged caused by Estonian Defence Forces staying in a foreign state upon the performance of duties without the international agreement regarding the status of armed forces or the compensation of damage caused to Estonian Defence Forces in a foreign state in accordance with the provisions of this chapter and with generally accepted international legal norms and principles.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) If the units of the Defence Forces are sent to foreign states, a member of Defence Forces is appointed who will perform the acts required for the compensation for damages caused by the unit or to the unit.
(2) If the death of a person is caused or some other material circumstance become evident, the General Staff of the Defence Forces shall send in addition to the member of Defence Forces referred to in subsection 1 a representative of the General Staff of the Defence Forces to conduct the proceedings.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(3) In the cases referred to in subsection 2, a representative of the Ministry of Defence shall be involved in the proceedings regarding compensation for damage.
(1) A person to whom damage has been caused shall submit an application for the compensation for damage caused in the performance of the duties of the Defence Forces to a representative of the Defence Forces who shall promptly forward the application to the body conducting proceedings regarding claim for compensation for damage referred to in § 11.
(2) The application can be submitted both in a written and oral form. Body conducting proceedings regarding claim for compensation for damage shall prepare in writing the application which submitted in oral form and sign it.
(3) The application shall indicate the data provided for in § 4 (2) to the extent possible. Monetary amounts indicated in the application may be in local currency.
(1) The body conducting proceedings regarding compensation for damage shall verify the circumstances referred to in the applications and, if necessary, shall order an expert assessment to establish the extent of damage or circumstances of damage.
(2) Experts of armed forces of other states dealing damage handling may be involved in the establishment of extent or circumstances of damage.
The decision on compensation shall be executed as the Directive of the Chief of the General Staff of the Defence Forces. If necessary, the provisions of § 6 (2) – (4) shall be applicable.
[RT I 2008, 57, 317 – entered into force 1.01.2009]
(1) As an exception, the damage caused by Estonian Defence Forces during international military operation may be immediately compensated to an injured party or to his or her relatives to the extent of up to 50 000 Estonian kroons. The payment of compensation shall be decided and arranged by the Chief of Estonian contingent or the Head of Estonian contingent in the region of international military operation.
(2) A person referred to in subsection 1 shall submit a report on the payment of such compensation for damage to the Chief of the General Staff of the Defence Forces which shall indicate the data listed in § 4 (2) as comprehensively as possible.
(3) A person referred to in subsection 1 shall guarantee that evidence is collected on the circumstances of damage. The collected evidence shall be sent to the General Staff of the Defence Forces.
[RT I 2009, 51, 351 – entered into force 8.11.2009]
