Compensation for moral damage to close relatives of victims who died as a result of a crime, an accident or an accident.
Relations related to compensation for moral damage to close relatives of victims who died as a result of a crime, an accident or an accident at work are regulated by the Civil Code, the Code of Criminal Procedure and the Regulations "On the application by courts of legislation on compensation for moral damage", "On the practice of applying legislation regulating the rights and obligations of persons affected by crimes."
The Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 2 dated April 24, 1992 "On the practice of applying legislation regulating the rights and obligations of persons who have suffered from crimes" clarified that any person to whom moral, physical or property harm has been caused by a socially dangerous act is recognized as a victim, regardless of whether it has been established, involved the person who committed this act is held accountable. A victim who has filed a claim for compensation for material damage, including damage caused in connection with the loss of a breadwinner, injury or other damage to health, expenses incurred for burial, compensation for moral damage in monetary terms, etc., must also be recognized as a civil plaintiff.
In cases of crimes that resulted in the death of a person, the victim's close relatives, adoptive parents, and adopted children have the rights provided for, one of whom, taking into account the agreement reached between them, is recognized as a victim.
In accordance with Article 164 of the Labor Code, if harm is caused to the life and (or) health of an employee in connection with the performance of his labor duties, the employer is obliged to compensate for the damage to the extent provided for by the civil legislation of the Republic of Kazakhstan. According to Articles 940, 941 28 of the Civil Code, in the event of the death of a citizen, disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death have the right to compensation for harm. The current legislation does not contain a special provision providing for the right of close relatives to file a claim for compensation for moral damage in connection with the unlawful deprivation of the victim's life. When collecting moral damage, courts are guided by paragraph 3 of the Regulatory Decree "On the application by courts of legislation on compensation for moral damage", paragraph 2 of Article 952 of the Civil Code.
The courts satisfy claims for compensation for moral damage filed by persons specified in Article 940 of the Civil Code, i.e. disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death (minor children, parents, spouse or other family member who was dependent on him).
At the same time, there is satisfaction of claims for compensation for moral damage filed by persons who are not dependent on the deceased and who did not have the right to receive maintenance from him by the day of his death.
By the decision of the Petropavlovsk court No. 2, left unchanged by the courts of appeal and cassation instances, on February 4, 2015, compensation for moral damage in the amount of 300,000 tenge was collected in favor of L-ash A.V., L-ash Yu.V. with N-th A.N. By the verdict of the Akkayyn district Court of the North Kazakhstan region, the defendant Podlesny A.N. was found guilty and convicted under Article 103, Part 3 of the Criminal Code for striking the plaintiffs' father, resulting in his death. The court motivated its conclusions by the fact that the current legislation provides for the possibility of compensation for moral damage caused by the violation of personal non-property rights – the loss of a close relative. Article 1 of the Code on Marriage and Family defines the concept of close relatives as parents, children, adoptive parents, adopted children, full– and half-siblings, grandparents, and grandchildren. Paragraph 11 of article 71 of the CPC stipulates that in cases of crimes resulting in the death of a person, the victim's rights are exercised by close relatives of the deceased. If several persons who have suffered moral damage due to the death of their relatives claim to be granted the rights of a victim, all of them may be recognized as victims or, by agreement between them, one of them. The court pointed out that the plaintiffs were experiencing moral suffering over the loss of a close relative, their father, and their personal non–property rights to have a father were violated.
By the decision of the Ekibastuz City Court of the Pavlodar region dated February 16, 2015, compensation for moral damage of 1,500,000 tenge was collected in favor of A.T.A.M.R.R., who was driving a BMW-325 car and hit a pedestrian by Alym Zeynep, 29, the plaintiff's daughter. The victim suffered serious harm to her health on the grounds of danger to life, relative to a living person, from which she died in the hospital.
By a decision of the criminal prosecution authority, the criminal case was terminated due to the absence of corpus delicti in the actions of Mr. R.R. In determining the amount of compensation, the court took into account that the plaintiff had lost her only child.
By the decision of the Kostanay District Court of Kostanay region dated June 17, 2015, compensation for moral damage in the amount of 1 million tenge was collected in favor of T-an G.P. from A-va E.K.
On November 19, 2014, the defendant, driving a Lada 211440 car in icy conditions, not being convinced of road safety, chose the wrong speed, as a result of which, failing to control the steering, drove into oncoming traffic and collided with an oncoming Kamaz 5410 car. As a result of a traffic accident, the plaintiff's son, T-an A.G., who was a passenger in a Lada 211440 car, sustained injuries from which he died on the spot. By the verdict of the court of A-tov E.K. He was found guilty of committing a crime under art. 296 Part 2 of the Criminal Code and was sentenced to probation, with the deprivation of the right to drive a vehicle for a period of 3 years, the plaintiff did not file a civil claim. The plaintiff and his family suffered moral harm, which resulted in moral suffering from the loss of a loved one, their only son, and they suffered an irreparable loss. The experiences of the plaintiff and his wife had a negative impact on their health. In determining the amount of compensation for moral damage, the court took into account that a one-time compensation would be paid to the plaintiff and his family in the amount of sixty times the monetary allowance, as well as the defendant's property and marital status.
In order to apply the law in a uniform manner, the Supreme Court has prepared proposals to amend Articles 951 and 952 of the Civil Code, which provide for the right of close relatives, spouse, in the event of the death of a victim as a result of an offense committed against him, to compensation for moral damage, as well as to the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On the application of legislation by Courts on compensation for moral damage."
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