Leaving statements of claim without movement on claims for compensation for harm to the health or life of a citizen in the performance of work duties
The law does not exclude the possibility of leaving applications for compensation for injury without movement if the statement of claim does not comply with paragraphs 1)-3) of Articles 151 and 150 of the CPC.
For example, K-kov N.N. appealed to the Kerbulak district Court of the Almaty region with an application for recovery from the State Institution "Kerbulak district Territorial Inspectorate of the Committee for State Inspection in the Agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan" and the State Institution "Almaty Regional Territorial Inspectorate of the Committee for State Inspection in the Agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan" expenses caused by damage to health, namely the cost of spa and sanatorium treatment in the amount of 750,000 tenge.
Having studied the application and the materials attached to it, the court concluded that the application of N.N. Kova did not comply with the requirements of the Civil Procedure Code of the Republic of Kazakhstan and should be left without motion on the following grounds:
So, N.N. K-bekov should apply to the court in the order of claim proceedings with claims, and not with a statement. Then, in the statement of claim, the defendants should be indicated, and their data according to paragraph 3) of Part 2 of Article 150 of the CPC RK, indicate the place of residence or location of the defendant. The plaintiff, K-bekov N., also did not indicate the circumstances on which he bases his claims and the evidence confirming these circumstances. In violation of paragraph 1 of Part 1 of Article 151 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the claim are not attached to the number of defendants and third parties.
According to art. 155 Part 1 of the Civil Procedure Code of the Republic of Kazakhstan, by the ruling of the Kerbulak District Court of the Almaty region dated March 30, 2015, the claim of N.N. K-bekov was left without motion with a deadline for correcting the noted deficiencies until April 10, 2015.
However, N.N. K-bekov did not eliminate the shortcomings indicated by the court, and therefore, on the basis of Part 2 of Article 155 of the CPC of the Republic of Kazakhstan, his statement was returned by a ruling dated April 10, 2015 with all the attached materials.
For example, by the Ruling of the Medeu District Court of Almaty dated April 17, 2015, the claim of S.bayev D. against the defendant JSC Insurance Company Kompetenz for the recovery of the insurance premium under the annuity insurance contract in the amount of 440,074 tenge was left without movement and by the ruling of April 28, 2015 it was returned with all attached materials in view of the absence of which-or signatures in the statement of claim.
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