On the establishment of a legal fact in work with particularly harmful and particularly difficult working conditions
The court ......, having considered ______ years ..... civil case on the claim of K.Zh. for the establishment of a legal fact,
The applicant, K.Zh., applied to the court to establish a legal fact, arguing that he had worked at the B. Mining and Processing Plant from 1973 until its liquidation. When applying to the Ulan district department of the State Central Research Institute for registration of a special manual as a "blacksmith on a hammer and a press", included in the list No. 1 of industries, jobs, professions, positions and indicators for underground and open-pit mining, for work with particularly harmful and particularly difficult working conditions, he learned that in his workbook It is recorded that from 1975 to 1978 he worked as a "blacksmith of a mechanical workshop." In this regard, he turned to the district archive, where the documents also contain a record of his work as a "blacksmith of a mechanic." According to the archival certificate and the work record, he was transferred by a note dated May 12, 1975, by a hammer worker to a mechanical workshop at the 3rd level from May 12, 1975. Then, by order No. 323 of September 17, 1975, he was transferred to the 4th class of a blacksmith from September 8, 1975. By Order No. 69/k of February 3, 1978, he was transferred to the CRMM as a 4th-class blacksmith from February 1, 1978, and was dismissed on December 24, 1980. All this time, he worked as a "blacksmith with a hammer and a press," as he forged iron parts. He asked the court to establish the fact of his work as a blacksmith on a hammer and a press at the B. mining and Processing plant in the period from May 12, 1975 to December 24, 1978.
The establishment of a legal fact, namely, the fact of working as a "blacksmith on a hammer and press" is necessary for him to appoint a special allowance.
Requests the court to establish the fact of his work as a blacksmith on a hammer and a press at the B. Mining and Processing Plant in the period from May 12, 1975 to December 24, 1978
Having listened to the arguments of the applicant, the representative of the concerned person of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan, witnesses, having studied the case materials, the court comes to the following conclusion.
In accordance with article 306 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court establishes facts of legal significance only if it is impossible for the applicant to obtain proper documents certifying these facts in another manner, or if it is impossible to restore lost documents.
It follows from the meaning of this provision that the claim was made unlawfully.
According to the case file, the applicant K.Zh. worked at the Belogorsky Mining and Processing Plant named after the 50th Anniversary of the USSR P. A. from May 12, 1975 to September 8, 1975 as a hammerer of the 3rd category of the mechanical workshop, from September 8, 1975 to February 1, 1978 as a blacksmith of the 4th category of the mechanical workshop, from February 1, 1978 to September 24 In December 1980, he was appointed a 4th–class blacksmith at the CRMM, which is also confirmed by an archival certificate from the State Archive of the Ulansky District of East Kazakhstan Region.
In accordance with the decision of the East Kazakhstan Regional Court of April 1, 1997, the B. Mining and Processing Plant was declared bankrupt, and its liquidation was completed by a court ruling of June 18, 1999.
Since the enterprise where the applicant K.Zh. worked was liquidated, the latter applied to the court to confirm the fact of working as a blacksmith on hammers and presses, for further registration of a special state allowance based on an explanatory letter from the Ulan State Central Committee, according to which he needed to confirm the fact of working as a blacksmith on hammers and presses, or a blacksmith-a stamper or a blacksmith of manual forging in forging and pressing production, a profession that is named in the appendix to the Decree of the Government of the Republic of Kazakhstan dated December 19, 1999 No. 1930.
In rejecting the application, the court of first instance reasoned that K.Zh. in the period from May 12, 1975 to December 24, 1978, he worked in B. GOK as a mechanic of the 3rd grade, a mechanic of the 4th grade, and a blacksmith of the 4th grade at the CRMM, and not as a blacksmith on hammers and presses, as required the applicant demanded.
Since the applicant himself, K.Zh., had determined the subject and basis of the application, the boundaries of judicial investigation of facts and legal relations were determined according to his will.
The state duty is non-refundable due to unreasonable demands.
Based on the above, guided by Articles 223-226, 309 of the CPC, the court
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
