Military personnel's claims for dismissal from military service for health reasons
Not every disease received by a serviceman during the performance of military service duties can be the basis for the payment of one-time compensation. Such compensation can be paid only if a causal relationship is established between the disease and the conditions of service of a serviceman whose disability was established during the period of military service (occupational disease). Example. c. He filed a lawsuit with the court against the defendant of the Ministry of Emergency Situations, the Committee for Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan with a demand for a one-time compensation in solidarity upon the establishment of disability related to the performance of military service duties. By the decision of the Pavlodar City Court, which was upheld by the decision of the appellate judicial board of the regional court, S.'s claims were partially satisfied. With the Interior Ministry in favor of S. A one-time compensation was collected for disability in the amount of 2,932,534 tenge, compensation for moral damage in the amount of 150,000 tenge, expenses for the assistance of a representative in the amount of 70,000 tenge, expenses for the payment of state duty in the amount of 991 tenge, a total of 3,153,325 (three million one hundred fifty three thousand three hundred twenty-five) tenge. The rest of the claim was denied.
Military personnel's claims for dismissal from military service for health reasons
A state duty in the amount of 87,976 (eighty-seven thousand nine hundred and seventy-six) tenge was collected from the Ministry of Internal Affairs of the Republic of Kazakhstan to the state revenue. By the Judicial Board for Civil Cases of the Supreme Court of the Republic of Kazakhstan, judicial acts of local courts have been changed, the court's decision regarding the satisfaction of S.'s claims has been canceled, with a new decision in this part rejecting the claim. The rest of the judicial acts remained unchanged. The Judicial Board, changing the judicial acts issued in the case, concluded that the court had not taken into account the provisions of paragraphs 1, 3 of Article 51 of the Law of the Republic of Kazakhstan "On Military Service and the Status of military personnel", according to which, in the event of the death (death) of a serviceman during his military service or military service, if a person is called up for military training, if he is disabled or if he receives an injury related to the performance of military service duties, a lump-sum compensation is paid in accordance with the procedure, determined by the Government of the Republic of Kazakhstan. One-time compensation for the establishment of disability to a serviceman under a contract during his military service or as a result of injury (injury, injury, contusion), illness resulting from the performance of military service duties, before the expiration of one year from the date of discharge from military service, is paid to a disabled person of group II in the amount of eighteen months salary. It follows from the meaning of this norm that a one-time compensation is paid as a result of injury (injury, injury, contusion), illness received by a serviceman as a result of performing military service duties.
According to article 60 of the Code of the Republic of Kazakhstan "On the Health of the People and the healthcare system", a military medical examination is conducted to determine the causal relationship of illness, injury to citizens with their military service or service in special state and law enforcement agencies and military training camps. The procedure for lump-sum compensation is determined by the Rules for the payment of lump-sum compensation in the event of the death (death) of a serviceman during his military service or a conscript called up for military training, if he is disabled or if he receives an injury related to the performance of military service duties, approved by Resolution of the Government of the Republic of Kazakhstan dated August 27, 2013 No. 868 (next, the Rules). According to subparagraph 2) of paragraph 1 of the Rules, lump-sum compensation is paid to a serviceman who is conscripted, called up for military training (hereinafter referred to as conscripted), or to persons entitled to receive it, in cases where the serviceman or conscripted is disabled during military service, being at military training camps, or resulting from injury (injury, injury, contusions), diseases resulting from the performance of military service duties, military training, before the expiration of one year from the date of discharge from military service, the end of military training. These Rules do not allow recognizing any disease acquired by a serviceman in the line of duty without establishing a causal relationship between the disease and the conditions of service, since not every disease can be associated with the performance of military service duties. From the certificate of the Central Military Medical Commission No. 74 dated March 3, 2014, it follows that the plaintiff's diseases are general somatic (common diseases) that were not causally related to the plaintiff's performance of his official duties. It follows from the literal content of the certificate that "the disease was acquired during military service," and not as a result of performing military service duties, which does not provide legal grounds for paying a lump sum compensation.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
