Disputes over the recovery of pensions, allowances and compensations

Pension provision is one of the types of social security in monetary form for a certain category of citizens - persons who have reached the retirement age established by law, as well as those who have lost their ability to work for some reason and are in need of social protection.

Most often, pension payments are the only source of livelihood for these individuals. The quality of life of this category of citizens depends on the size of the pension.

Issues related to the appointment and payment of pensions are the most pressing issues of social security, as they concern a huge number of current pensioners and persons who have not yet reached retirement age.

The importance of cases related to pension and other social rights places additional responsibility on the courts to resolve disputes in a timely and correct manner.

Jurisdiction. State duty. Refund of the claim. Termination of the proceedings. Leaving the claim without consideration.

Considering that the CPC of the Republic of Kazakhstan does not contain provisions on determining the generic jurisdiction of cases in disputes arising from pension legal relations, when resolving the issue of jurisdiction of a dispute related to the exercise by a citizen of the right to a labor pension, one should follow the general rules established by Articles 31, 32 CPC of the Republic of Kazakhstan.

In accordance with art.31 of the Civil Procedure Code of the Republic of Kazakhstan, the claim is filed at the defendant's place of residence. A claim against a legal entity is filed at the location of the body of the legal entity.

An analysis of the judicial acts studied allows us to conclude that the issue of determining the jurisdiction of cases in this category is decided by judges correctly and does not cause difficulties.

There were no refunds of claims in connection with non-compliance with the rules of jurisdiction for the period under review.

To determine jurisdiction, the correct definition of the procedure for civil proceedings is also of legal importance. The judicial acts studied indicate that all of them have been considered in the order of the claim proceedings.

The Procedural Law establishes the requirements for the form and content of the statement of claim.

If the plaintiffs did not comply with the judge's instructions on the decision to leave the claim without motion within the prescribed period, the judges issued rulings on the return of the statements of claim (art.155 of the CPC RK).

The main reason for leaving applications without movement is its non-compliance with the requirements of Articles 150 and paragraphs 1)-3) of Article 151 of the CPC RK. For example, the reason for the return of 5 claims in the courts of the West Kazakhstan region was the failure to comply with court rulings on leaving claims without motion.

These are all lawsuits filed by JSC State Social Insurance Fund for the recovery of illegally obtained social benefits in case of job loss. The court terminates the proceedings in the case if the plaintiff has rejected the claim and the refusal has been accepted by the court (paragraph 3 of art.247 of the CPC RK).

The analysis of court rulings has established that in most cases rulings were issued to terminate the proceedings in connection with the dismissal of the claim, as the defendants voluntarily repaid illegally received amounts of pensions, benefits, and compensations.

In accordance with Article 20 of the Law, the Center organizes and carries out pension payments, allowances, lump-sum and other payments in accordance with the legislation of the Republic of Kazakhstan, forms a database of depositors (recipients) on mandatory pension contributions, mandatory professional pension contributions and a single list of individuals who have concluded a pension provision agreement through mandatory pension contributions, mandatory professional pension contributions, forms a mock-up of cases of recipients of pension payments, allowances, lump-sum and other payments for the purpose of payment by the authority, who appoints the state basic pension payment and pension payments from the Center, creates automated centralized databases and personalized records of recipients of pension payments, allowances, lump-sum and other payments from the Center, etc.

Thus, since the Center is a state-owned enterprise, whose functions include organizing the payment of pensions and benefits, it has the right to raise the issue of collecting overpaid amounts of pensions and benefits.

By virtue of art.218 of the CPC RK, the decision must be lawful and justified.

According to paragraph 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On Judicial Decision" No. 5 dated July 11, 2003, decisions are made on behalf of the Republic of Kazakhstan at a court hearing by the court of first instance in strict accordance with the law and the facts established by the court in a specific dispute.

Regulatory legal framework

The legislative acts that guided the courts in resolving disputes of the generalized category include those currently in force.:

- The Constitution of the Republic of Kazakhstan; -

The Law of the Republic of Kazakhstan "On Pension Provision of the Republic of Kazakhstan" dated June 21, 2013 No. 105-V (hereinafter referred to as the Law);

- The concept of the international agreement on cooperation in the field of pension provision (approved by the Decision of the Council of the Eurasian Economic Commission dated November 12, 2014 No. 103);

- Pension rules of the unified accumulative pension fund (approved by Resolution of the Government of the Republic of Kazakhstan dated September 18, 2013 No. 984);

- Rules and deadlines for calculating, withholding (accrual) and transferring mandatory pension contributions, mandatory occupational pension contributions to the unified accumulative pension fund (approved by Resolution of the Government of the Republic of Kazakhstan dated October 18, 2013 No. 1116);

- Rules for pension payments from pension savings formed at the expense of mandatory pension contributions, mandatory occupational pension contributions from the unified accumulative pension fund (approved by Resolution of the Government of the Republic of Kazakhstan on October 2, 2013 No. 1042);

- Methodology for calculating the amount of pension payments (approved by Resolution of the Government of the Republic of Kazakhstan dated October 2, 2013 No. 1042);

- A list of industries, jobs, and professions of workers engaged in work with harmful (especially harmful) working conditions for which contributors of mandatory occupational pension contributions make mandatory occupational pension contributions at their own expense (approved by Resolution of the Government of the Republic of Kazakhstan dated December 31, 2013 No. 1562);

- Rules for the implementation of mandatory occupational pension contributions (approved by Resolution of the Government of the Republic of Kazakhstan dated March 26, 2014 No. 255);

- Rules for the transfer of mandatory pension contributions withheld and not transferred by agents from the income of former employees whose whereabouts are unknown, due to the absence of an individual social security code and (or) taxpayer registration number, and (or) a pension provision agreement with accumulative pension funds as of January 1, 2005 (Government resolution approved Of the Republic of Kazakhstan dated October 5, 2013 No. 1058).

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