Disputes about the recovery of overpaid amounts to an employee
In the judicial practice of considering civil cases on the recovery of overpaid amounts to an employee.
On March 4, 2016, the military court of the Aktobe garrison considered a civil case on the claim of the Republican state Institution "Military Unit 2029" of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan against G.B.G. for collecting monetary allowances in the amount of 3,629 tenge paid to the state for unpaid days during military service.
It follows from the circumstances of the case that by the orders of the commander of the military unit dated April 30, 2009 for No. 81 and No. 55, the defendant was enrolled in the lists of personnel with appointment to the position of senior instructor.
By the order of the commander of the military unit dated April 30, 2015, No. 109, on the basis of paragraph 3) paragraph 1 of Article 26 of the Law of the Republic of Kazakhstan "On Military Service and the status of military Personnel", he was discharged from military service into the reserve upon expiration of the contract with exclusion from the lists of the unit.
Prior to his discharge, the military unit, according to the case file, made a full payment to the defendant for the month of April 2015.
From the statement on the accrual of monetary allowances, it follows that the defendant was paid for the month of April 2015 in the amount of 108,878 tenge.
According to subparagraph 3) of Article 960 of the Civil Code, sums of money provided to a citizen, in the absence of bad faith on his part, as a means of subsistence (wages, compensation for harm to life or health, etc.) and used by the acquirer are not subject to refund as unjustified enrichment. Due to the fact that there was no dishonesty on the part of the discharged serviceman, the claims were denied.
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