Collection of wages, penalties for the misuse of money, compensation for moral damage caused by an industrial injury

 

The plaintiff, S.B.Sh., appealed to the Kokshetau City Court of the Akmola region with a claim against the State Institution "Ministry of Finance of the Republic of Kazakhstan" in which he asked to collect from the defendant wages in the amount of 17,160 tenge for the period from October 01, 1997 to April 01, 1998; a penalty in the amount of 1,000,000 tenge for the misuse of his in cash in the amount of 17,160 tenge for the period from April 01, 1998 to the present; a penalty in the amount of 4,000,000 tenge for the misuse of his money in the amount of 1,039,654 tenge for the period from March 24, 1998 to March 11, 2009; compensation for moral damage in the amount of 45,000,000 tenge.

The claim is motivated by the fact that he suffered an industrial injury while working at the Tayynshinsky milk powder factory, he was recognized as a disabled person of the 3rd group of production, the company was declared bankrupt, the money owed to him was not paid, and moral damage was caused.

By the ruling of the said court, the proceedings in the case of the claim of B.S. Sov to the State Institution "Ministry of Health and Social Development of the Republic of Kazakhstan" for compensation for moral damage in the amount of 50,000,000 tenge were terminated on the basis of paragraph 2) of art.247 of the CPC.

The court's decision denied the claim.

Disagreeing with the court's decision, the plaintiff in the appeal asked to cancel it, to make a decision to satisfy the claim in full, arguing that it was unfair, violations committed during the bankruptcy proceedings, and that changes in the minimum wage were not taken into account when paying capitalization.

It followed from the case file that on January 06, 1987, the plaintiff, Boris S.Asov, while working at the Tayynshinsky milk powder factory, suffered an industrial injury, was recognized as a group 3 invalid, and the degree of disability was 60%. By the decision of the Tayynshinsky District Court of North Kazakhstan region dated October 30, 1997, it was recovered from Tayynsha JSC in favor of Sov B.III. in the amount of 17,723 tenge, inflation is 5317 tenge, moral damage is 3000 tenge, the cost of the ticket is 19749 tenge, a total of 45789 tenge. The plaintiff indicates that this court decision has not been executed.

On March 24, 1998, Tayynsha JSC was declared bankrupt. By the decision of the Almaty District Court of Astana dated November 20, 2008, the capitalized amount of 1,039,654 tenge was recovered from the republican budget from the Ministry of Labor and Social Protection of the Republic of Kazakhstan, and on April 08, 2011, the recovery of moral damage from the same Ministry was refused.

Earlier, B.S. S-asov filed a similar claim with the Ministry of Agriculture of the Republic of Kazakhstan and the Ministry of Justice of the Republic of Kazakhstan, but the claim was denied.

According to the provision of paragraph 3 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On the practice of applying legislation on compensation for damage caused to life and health of citizens in the event of liquidation of a legal entity as a result of bankruptcy" dated 10/25/2005 No. 4, all claims of creditors of the first stage must be filed with the bankruptcy trustee, if the funds of the bankrupt are insufficient, they are capitalized. The capitalization amount is not subject to indexing. The amount of capitalization also does not change due to changes in the minimum wage.

By the decision of the Almaty District Court of Astana dated November 20, 2008, the capitalized amount of time-based payments included in the register of creditors' claims of the first stage in the amount of 1,039,654 tenge was recovered from the republican budget in favor of Sov B.Sh. All claims are submitted to the bankruptcy trustee and are included in the register of creditors' claims. The panel found the plaintiff's arguments that the Regulatory Resolution could not be applied to him because it was adopted later and was not retroactive to be unfounded. When regulating legal relations, the law in force at the time of the action is applied.

In accordance with Article 945 of the Civil Code, in the event of liquidation of a legal entity recognized in accordance with the established procedure as responsible for harm caused to life and health, the corresponding payments must be capitalized to pay them to the victim according to the rules established by legislative or other regulatory legal acts.

In cases where the capitalization of payments cannot be made due to the absence or insufficiency of property of the liquidated legal entity, the awarded amounts are paid to the injured State in accordance with the procedure provided for by legislative acts. This provision of the Law was in force at the time of the company's liquidation. The plaintiff had to make claims in the framework of bankruptcy proceedings, since the responsibility of the State and its authorities is limited to capitalized payments. The regulatory resolution gave an interpretation of this provision of the code.

Violations committed at the end of the bankruptcy proceedings also cannot be grounds for bringing the defendants to justice, since they were not promptly appealed in accordance with the established procedure. The defendant is also not liable to the plaintiff for these violations.

The appeals board of the Akmola Regional Court found no grounds for canceling or changing the lawful and reasoned court decision, and the decision of the Kokshetau City Court of the Akmola region of July 16, 2015 left the appeal unchanged.

 

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