Compensation for damage to the health or death of a citizen
The main normative acts regulating relations on compensation for damage caused to life and health are: the Constitution of the Republic of Kazakhstan, the Civil Code, the Code of Civil Procedure, the Labor Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.
In the Civil Code, a separate 47th chapter highlights the norms governing obligations arising from harm. The procedure for compensation of damage caused to the life and health of a citizen is regulated by Articles 936-946 of the Civil Code of the Republic of Kazakhstan.
The courts are also guided in resolving cases by the regulatory rulings of the Supreme Court of the Republic of Kazakhstan "On certain issues of application by courts of the Republic of Kazakhstan of legislation on compensation for damage caused to health" dated July 9, 1999, "On application by courts of legislation on compensation for moral damage" dated June 21, 2001 and others.
A statement of claim for compensation for damage caused to life and health, in form and content, must comply with the requirements of Articles 150, 151 of the Civil Procedure Code of the Republic of Kazakhstan. The statement of claim, depending on the nature of the claims, must be accompanied by evidence indicating harm to the victim, the victim's need for expenses, as well as other necessary documents.
A statement of claim for compensation for damage caused to life and health, in form and content, must comply with the requirements of Articles 150, 151 of the Civil Procedure Code of the Republic of Kazakhstan. The statement of claim, depending on the nature of the claims, must be accompanied by evidence indicating harm to the victim, the victim's need for expenses, as well as other necessary documents.
The courts should determine whether there are any legal prohibitions provided for in Article 153 of the CPC, entailing the refusal to accept the statement of claim, the grounds provided for in Article 154 of the CPC for the return of the statement of claim.
According to Parts 1, 2 of art.155 of the CPC of the Republic of Kazakhstan, a judge leaves a statement of claim without motion in case of non-compliance of the statement of claim with the requirements of Article 150 and subparagraphs 1)-3) of Article 151 of this Code, which issues a ruling on leaving the application without motion, notifies the person who filed the statement of claim, giving him time to correct the deficiencies. In case of non-fulfillment of the requirements listed in the definition within the prescribed period, the application is considered not filed and the judge's ruling is returned to the plaintiff with all the documents attached to it.
Thus, by the ruling of the judge of the Almaty District Court of Astana dated May 29, 2015, the claim of Omarov A.K. to the Interstom dental clinic for compensation for health damage, compensation for moral damage was left without motion, with a deadline for correcting deficiencies until June 10, 2015. At the same time, the definition states that "the application must specify the name of the defendant, his place of residence or, if the defendant is an organization, its location and bank details, if known to the plaintiff. Interst Dental Clinic is a legal entity as a defendant, and therefore specify the exact name of the legal entity and the place of its registration. 151 of the Civil Procedure Code of the Republic of Kazakhstan must be accompanied by a document confirming the payment of the state duty for compensation for health damage in the amount of 1875 tenge, however, this requirement of the law was not fulfilled by the plaintiff, the defendant paid the state duty only 991 tenge for moral damage."
By leaving the statement of claim without motion, the court did not take into account the provision of paragraph 5 of Article 541 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)", according to which plaintiffs are exempt from paying state duty in courts for claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner.
Meanwhile, the obligation to attach relevant documents confirming the arguments of the claim to the statement of claim is provided for in subparagraph 4 of Article 151 of the Civil Procedure Code of the Republic of Kazakhstan and, according to Article 154 of the Civil Procedure Code of the Republic of Kazakhstan, these grounds are not included in the list of grounds for returning the statement of claim. Such documents could have been submitted by the plaintiff during the preparation of the case for the hearing. Failure to prove claims may serve as grounds for rejecting a claim, but not for returning it.
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