Compensation for damage to the health or life of a citizen in the performance of work duties
The basic labor rights of an employee correspond to the rights enshrined in international legal documents and the Constitution of the Republic of Kazakhstan. The content of these rights is set out directly in the Labor Code, the Civil Code, the Law of the Republic of Kazakhstan "On compulsory insurance of employees against accidents in the performance of their labor (official) duties" and other regulatory legal acts. The issue of compensation for harm caused to employees in the performance of their work duties is covered by the clarifications specified in the Regulatory Rulings of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 09, 1999 "On certain issues of application by courts of the Republic of Kazakhstan of legislation on compensation for harm caused to health", No. 5 dated June 21, 2001 "On application by courts of legislation on compensation moral damage" and No. 9 of December 19, 2003 "On some issues of the application of legislation by courts in the resolution of labor disputes."
An obligation to cause harm is an obligation by virtue of which a person who has caused harm to a person or property of a citizen or organization is obliged to compensate for this harm. The imposition of the obligation to compensate for the damage caused is a measure of civil liability.
Depending on the grounds for the occurrence of this obligation, it is customary to distinguish between contractual and non–contractual or tort (from Latin delictum - offense) liability. Contractual liability is the responsibility for violating an existing obligation between the parties. In contrast, when harm is inflicted outside of the existing contractual relations between the parties, the causer does not violate his specific duty to the victim, but the general obligation for all to refrain from encroaching on the benefits belonging to other persons. The specificity of non-contractual or tort liability is that it occurs as a result of a violation of an absolute legal relationship and is therefore regulated, in addition to the general provisions on civil liability, by special rules on tort liability (Chapter 47 of the Civil Code of the Republic of Kazakhstan).
Lawsuits in this category of cases are filed, as a rule, at the plaintiffs' place of residence or the place of harm.
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