On the recognition of the illegal refusal to appoint a special state allowance
No.6001-23-00-6ap/94 dated 07/14/2023
Plaintiff: T.M.
Respondent: Russian State Institution "Department of the Committee of Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in the city"
Interested parties: State Institution "Department of the Agency of the Republic of Kazakhstan for Civil Service Affairs in the city", State Institution "Department of Defense of the Almaty district of the city", State Institution "Ministry of Defense of the Republic of Kazakhstan"
The subject of the dispute: the recognition of the illegal refusal to appoint a special state allowance, the compulsion to eliminate violations by assigning a special state allowance from March 30, 2022
Review of the defendant's cassation appeal.
PLOT: On March 30, 2022, the plaintiff applied to the defendant for a special state grant as a veteran of military operations in other countries. On April 20, 2022, the defendant denied him this on the basis of subparagraph 1) of paragraph 1 of Article 4 of the Law "On Special State Benefits in the Republic of Kazakhstan" and subparagraph 1) of paragraph 8 of Article 5 of the Law of the Republic of Kazakhstan "On Veterans" (the Law), since, according to the documents submitted, T.M. did not participate in the settlement of the interethnic conflict. in Nagorno-Karabakh in the period from 1986 to 1990. On June 23, 2022, the plaintiff filed the above-mentioned claim with the court, arguing that the defendant violated the norms of substantive law and did not take into account official state documents, as well as violated the deadline for considering his application for the appointment of appropriate benefits, including due to the fact that the defendant's decision was made earlier without taking into account the hearing protocol. dated April 22, 2022.
Judicial acts:
1st instance: the claim was denied.
Appeal: the court's decision was overturned with a new decision on the satisfaction of the claim.
It was decided to declare illegal the Department's refusal on April 20, 2022 to appoint a special state allowance; to oblige the Department to eliminate the violations of the plaintiff's rights with the appointment of a special state allowance from March 30, 2022.
Cassation: the appeal ruling is upheld.
Conclusions: Canceling the court's decision and satisfying the claim, based on the circumstances of the dispute, as well as the norms of applicable law, the court of appeal proceeded from the fact that: a) in support of the claim, the plaintiff submitted an archival certificate of the Russian State Institution "Directorate for Defense Affairs of the district of the city of N." dated March 29, 2022, according to which T.M. actually participated in the settlement of the conflict in the Nagorno-Karabakh Autonomous Region in the period from January 16, 1990 to February 22, 1990 (see archival reference No. 20/A-41 dated March 3, 2021). It follows from the information in this archival certificate that, on the basis of the order of the commander No. 17 of military unit No. 3408 dated January 16, 1990, T.M. left on a business trip to Baku, Azerbaijan SSR to perform tasks to protect public order.
Based on the order of commander No. 58 of military unit 3408 dated February 22, 1990, T. M. arrived from Baku on a business trip; b) the plaintiff also confirms his participation in the settlement of the conflict with archival certificates and orders of commander No. 17, No. 58 of military unit 113 No. 3408, where he carried out a government assignment to restore public order in the city. Baku.
The originals of these documents have been examined by the courts of first and appellate instances, their authenticity is beyond doubt; c) it is well known from the mass media and acts of the Supreme Soviet of the USSR that during the period indicated by the plaintiff, the interethnic conflict in Nagorno-Karabakh and related riots took place throughout the territory of the Azerbaijan SSR, including the city of Baku.
In order to resolve the conflict, military units from other regions of the Soviet Union were mobilized to the Azerbaijani SSR. Having checked the case materials and the conclusions of the court of appeal, the judicial board considers them legitimate and justified.
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