Liability for harm caused by minors under the age of fourteen

 

Article 925 of the Civil Code "Liability for harm caused by minors under the age of fourteen".

The Temirtau City Court of the Karaganda region partially satisfied the claims of Ms. Izabella Valeryevna, acting in the interests of Zhukov's minor son Kirill Vladimirovich, to I. Nargiza Israilovna, and Eva Alexander Alexandrovich, to third parties who do not make independent claims on the subject of the dispute, on the side of the defendant KSU "OSH No. 11 mountains. Temirtau" and GU "Department of Education, Physical culture and Sports of the mountains. Temirtau" on compensation for material and moral damage.

Satisfying the plaintiff's claims, the court proceeded from the established fact that on April 26, 2014, minor A-v R.A., born on 09/23/1999, during the time period 10.00- 11.00 hours, unreasonably punched K.V. Zhukov in the face, born on 04/21/1998, from which the latter received bodily injuries.

By the resolution of 30.04.2014, the initiation of a criminal case against Alekseev R.A. was refused for lack of corpus delicti, while the resolution stated that the actions of the minor Alekseev R.A. formally contain signs of an offense under art. 79-3 of the Criminal Code, however, the age of administrative responsibility under this article comes with adulthood, however, R.A. was fully 13 years old at the time of the offense.

According to Article 925, Part 1 of the Civil Code of the Republic of Kazakhstan, his legal representatives are responsible for harm caused to minors under the age of fourteen (minors), unless they prove that the harm was not their fault. Part 3 of this article states that if a minor has caused harm at a time when he was under the supervision of an educational institution, ... which is obliged to supervise him, ... these institutions are responsible for the harm, unless they prove that the harm was not their fault in the supervision.

The condition of responsibility for both parents and institutions supervising children at the time of harm is their own culpable behavior. At the same time, the guilt of parents is interpreted much more broadly than the guilt of institutions that are required by law to supervise minors.

According to Article 70, paragraph 2 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", parents are obliged to raise their children. Parents raising a child are responsible for providing the necessary living conditions for their actual, mental, moral and spiritual development. In this regard, the court recognizes the condition of responsibility of parents, at the time of causing their minor son harm, their own behavior, which contributed to the harm.

Under the established circumstances, taking into account the provisions of civil law, the court came to a reasonable conclusion that compensation for material damage should be imposed on the defendants, I.I. and A.A..

917 of the Civil Code of the Republic of Kazakhstan, the damage caused by unlawful actions (inaction) to the property rights of citizens is subject to compensation by the person who caused the damage in full. In this case, only the confirmed actual costs are reimbursed.

The following amounts were confirmed at the hearing: 24,085 tenge and 133,250 tenge (payment for dental clinic services: surgery for complex removal of tooth remains and root and implant placement). The amount of 4,130 tenge was not confirmed by the plaintiff at the court hearing – by whom and for what these medicines were prescribed. The amount of KZT 109,200 cannot be reimbursed, as these costs will be incurred by the plaintiff in the future.

On the basis of the evidence obtained and examined at the court session, the claims of Mr. I.V., in the interests of the minor son of J.K.V., were partially satisfied by the court - from the defendants I.N.I. and A.A.A. in solidarity in favor of Mr. I.V. was recovered. the amount of material damage caused is 157,335 tenge.

 

 

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