Jurisdiction of damage compensation claims
In summarizing, attention is drawn to the correctness of the courts' determination of the jurisdiction of this category of disputes. As a general rule, claims, including for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner, are filed at the location of the defendant (art.31 of the CPC). At the same time, the Code of Procedure provides for the right to file a claim at the choice of the plaintiff in certain cases listed in art.32 of the CPC. Tsch.32 of the CPC, claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner, may also be filed by the plaintiff at his place of residence or injury.
The jurisdiction was unreasonably changed twice in one case in the claim of K-voy Z.T. to the Ministry of Defense of the Republic of Kazakhstan for compensation for damage caused to health and recovery of moral damage.
K-ieva Z.T. filed a lawsuit against the Ministry of Defense of the Republic of Kazakhstan, arguing that on November 18, 2014, at about 12:15 p.m., the concrete fence of the Taldykorgan military hospital fell to the ground, crushing both legs of her minor daughter, M-kyzy Madina, as a result of which she suffered serious harm to her health. In the form of multiple injuries, an operation was performed to amputate the left lower limb at the c/3 level.
The plaintiff filed a claim with the military court of the Taldykorgan garrison and during the pre-trial preparation of the case, by a ruling dated 30.07.2015, the case was sent to the military court of the Akmola garrison at the defendant's location. Having received the above-mentioned case on 09/02/2015 The court of the Akmola garrison has already returned the case to the military court of the Taldykorgan garrison at the request of the defendant.
The unreasonableness of the actions of both courts lies in the incorrect application of the provisions of art. 36 of the CPC. The military court of the Taldykorgan garrison accepted a case against the Ministry of Defense of the Republic of Kazakhstan under the rules of Part 5 of Article 32 of the CPC, according to which claims for compensation for injury or other damage to health, as well as the death of the breadwinner, may also be filed by the plaintiff at his place of residence or injury.
There were no grounds for changing the jurisdiction. The military court of the Akmola garrison, having accepted the case for trial and not agreeing with the change in jurisdiction, had the right to challenge the ruling of the military court of the Taldykorgan garrison in accordance with the procedure established by law. Incorrect determination of jurisdiction entails not only the possible cancellation of judicial acts, but also the late resolution of disputes and red tape.
According to paragraph 3 of Article 187 of the Civil Code of the Republic of Kazakhstan, the limitation period does not apply to claims for compensation for damage caused to the life or health of a citizen.
However, claims filed after the expiration of the limitation period are satisfied no more than three years prior to the filing of the claim. It should be noted that, for the most part, courts everywhere adhere to this practice.
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