Compliance with the preliminary pre-trial procedure for resolving disputes over claims for compensation for harm to the health or life of a citizen in the performance of work duties is not required.
In accordance with clause 1, clause 1, Article 154 of the CPC, the judge returns the statement of claim if the plaintiff has not complied with the procedure for preliminary pre-trial dispute resolution established by the contract or the legislation of the Republic of Kazakhstan for this category of cases and the possibility of applying this procedure has not been lost.
Example: By a ruling of the Zhezkazgan City Court of the Karaganda region dated May 15, 2015, Bobrov V.V.'s statement of claim was returned to Zhezkazgangeologiya JSC for damages, for accounting 9 accruals from annual average monthly earnings, for accrual of benefits in the amount of 60% of the annual nurse's rate, for provision of a detailed statement of accounting accruals, for the accrual of alimony, on the payment of compensation for the use of special transport, on the deduction of 40% of material costs, on the deduction of 40% of moral and physical harm.
The return of the statement of claim is motivated by the fact that, according to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 09, 1999, a statement of claim for compensation for damage caused to an employee is accepted for court proceedings after, at his request or at the request of family members of the deceased employee, a decision was taken by the administration of the organization, with which the victim did not agree. family members of the deceased, or when these claims have not been considered by the administration within the prescribed ten-day period. The plaintiff's appeals to various authorities on the issue of compensation for damages, which are available in the case file, cannot replace a proper appeal to the employer. In this regard, according to the court, the plaintiff should first contact the defendant to resolve the dispute, and then, if the other party refuses or does not receive an answer within the time limit established by law, apply to the court.
The Court did not specify which paragraph of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 09, 1999 allegedly provides for a preliminary procedure for pre-trial consideration of a dispute, however, according to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 09, 1999 "On certain issues of application by courts of the Republic of legislation on compensation for damage caused to health" in the current The Editorial Board does not provide for a preliminary procedure for disputes on compensation for harm to the health or life of a citizen in the performance of work duties., as is not provided for by other regulations.
Another example: By a ruling of the Zhezkazgan City Court of the Karaganda region dated April 10, 2015, the statement of claim of Shokubaev M.K. was returned to the Department of Control and Social Protection of the Karaganda Region, Kazakhmys Corporation LLP and Kazakhmys Insurance Company JSC on amendments to the disability certificate regarding the indication of the cause of disability.labor injury", with the determination of the degree of professional disability of 59% and compensation for damage in the form of lost earnings in the amount of KZT 4,386,272.
The court ruling states that the plaintiff should first contact the defendants to resolve the dispute, and then, if the other party refuses or does not receive a response within the time limit set by law, to the court. At the same time, no reference has been made to the provision of the law providing for a preliminary procedure for resolving the dispute by the court.
Accordingly: compliance with the preliminary pre-trial procedure for resolving disputes over claims for compensation for harm to the health or life of a citizen in the performance of labor duties is not required by the legislation of the Republic of Kazakhstan.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
