Causing damage to the leased property does not violate the tenant's property rights, therefore, the tenant's claim for compensation for damage caused to the leased property is not subject to satisfaction.

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7 July 2024

Causing damage to the leased property does not violate the tenant's property rights, therefore, the tenant's claim for compensation for damage caused to the leased property is not subject to satisfaction.

In one case, the lessee applies for compensation for the damage caused, in the other – the lessor (the owner of the vehicle).

For example, the tenant of LLP "T" filed a lawsuit against LLP "C" for recovery of damage caused by damage to a vehicle due to the fall of a lighting pole on a road section transferred to the defendant to perform contract work on reconstruction and lighting installation.

By the decision of the Council of Ministers of the Aktobe region dated May 17, 2022, left unchanged by the court of appeal, the claim was satisfied.

It follows from the case file that the owner of the damaged vehicle is LLP "K".

Based on the lease agreement dated April 19, 2019, K LLP transferred this car to the temporary possession and use of the plaintiff T LLP. In another case, it follows that as a result of a traffic accident (hereinafter referred to as the accident), a vehicle was damaged, the owner of which is K.M. Under a lease agreement dated June 10, 2019, K.M. leased the vehicle to P LLP. The landlord, K.M., filed a claim against B.B., B.A., A.A. to recover the difference between the insurance payment and the damage.

It follows from the case file that by a decision of the Osakarovsky District Court of the Karaganda region dated March 15, 2022, B.B. was found guilty of committing an administrative offense under part 1 of Article 610 of the Administrative Code, whose civil liability (hereinafter referred to as GPO) is insured in JSC S.

By the decision of the Aktobe City Court of June 14, 2022, the damage was recovered from B.B. in favor of K.M.

Due to the different practices of the courts, the certificate raises the question of clarifying who has the right to file a claim for compensation for damage caused to leased property - the landlord or the tenant.

In accordance with Article 540 of the Civil Code, under a property lease agreement, the landlord undertakes to provide the tenant with property for a fee for temporary possession and use.

In cases and in accordance with the procedure established by the Civil Code, the employer has the right to dispose of the hired property (subletting, transfer).

By virtue of the lease agreement, the employer (tenant) has binding rights, not property rights, with respect to the rental item.

Causing damage to the leased property does not violate the tenant's property rights, therefore, in claims for compensation for damage caused to the leased property, the tenant is not a proper plaintiff.

At the same time, the tenant has the right to compensation for other losses caused to him as a result of damage to the rental object.

Jurisdiction of cases

The jurisdiction of cases is determined in accordance with the general rules established by Article 29 of the CPC, that is, at the place of residence of the defendant of an individual or at the location of the defendant of a legal entity.

Along with this, claims for compensation for damage caused by injury or other damage to health, as well as caused by the death of the breadwinner, may be filed by the plaintiff at his place of residence or at the place of injury (part 5 of Article 30 of the CPC).

State duty

According to paragraph 1 of Article 610 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code), a state fee is charged in the following amounts from claims for material damage filed in court: for individuals - 1 percent of the amount of the claim, but not more than 10,000 MCI, for legal entities - 3 a percentage of the claim amount, but not more than 20,000 MCI, from non-property claims - 0.5 MCI.

Plaintiffs in claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner, are exempt from paying state duty on the basis of subparagraph 5) of Article 616 of the Tax Code.

The legislation does not provide for pre-trial settlement

Courts should keep in mind that the legislation does not provide for the plaintiff's compliance with the procedure for pre-trial settlement of disputes on compensation for damage caused by a source of increased danger (hereinafter referred to as IPO).

Example: By the ruling of the Alatau District Court of Almaty dated April 5, 2023, the claim of N.D. to K.K. and Zh.E. for recovery of material damage caused by IPO in connection with non-compliance with the procedure for pre-trial settlement of the dispute was dismissed.

In accordance with subparagraph 1) of Article 279 of the CPC RK, the court leaves the claim without consideration if the plaintiff has not complied with the procedure established by law for this category of cases or the procedure provided for in the contract for pre-trial dispute settlement and the possibility of applying this procedure has not been lost.

If the law establishes or the contract provides for a pre-trial dispute settlement procedure for a certain category of cases, an appeal to the court may be after observing this procedure (part 6 of Article 8 of the CPC RK).

Taking into account these norms, by the ruling of the judicial board for Civil Cases of the Almaty City Court dated May 18, 2023, the ruling of the court of first instance was canceled, with the transfer of the case to the court of first instance for consideration on the merits.

The plaintiffs are citizens and legal entities.

In accordance with Part 1 of Article 47 of the CPC RK, plaintiffs are citizens and legal entities who have filed a claim in defense of their violated or disputed rights and freedoms, legitimate interests, or in whose defense a claim has been filed by other persons in accordance with the procedure provided for by this Code.

Regulatory framework

The normative legal acts regulating these legal relations and subject to application in the consideration of cases of the analyzed category are:

- The Constitution of the Republic of Kazakhstan;

- The Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code);

- The Civil Procedure Code of the Republic of Kazakhstan (hereinafter - CPC);

- The Code of the Republic of Kazakhstan "On Administrative Offenses" (hereinafter referred to as the Administrative Code);

- The Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code),

- The Law of the Republic of Kazakhstan "On compulsory insurance of civil liability of vehicle owners";

- The Law of the Republic of Kazakhstan "On compulsory insurance of civil liability of the carrier to passengers";

- The Law of the Republic of Kazakhstan "On Road Traffic" dated April 17, 2014;

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 8 "On Judicial practice in disputes arising from insurance contracts";

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage";

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999 No. 9 "On certain issues of application by courts of the Republic of legislation on compensation for damage caused to health";

- Rules for determining the amount of damage caused to a vehicle, approved by Resolution No. 14 of the Board of the National Bank of the Republic of Kazakhstan dated January 28, 2016;

- Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated June 30, 2023 No. 534 "On approval of the Rules of the Road, the Basic provisions for the admission of vehicles to operation, the list of operational and special services, the transport of which is subject to equipment with special light and sound signals and coloring according to special color schemes";

- Standard Rules for keeping and walking pets, approved by Order No. 168 of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated May 20, 2022; - Standard Rules for grazing farm Animals, approved by Order No. 145 of the Minister of Agriculture of the Republic of Kazakhstan dated April 29, 2020.

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Republic of Kazakhstan

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