On recovery of amounts spent on training cadets of expelled educational institutions

 

On recovery of amounts spent on training cadets of educational institutions who have terminated their training or service at their own discretion, as well as dismissed or dismissed before the expiration of the period stipulated by the contract on the grounds provided for by the legislation of the Republic of Kazakhstan.

"The law of the Republic of Kazakhstan dated November 17, 2014 ""on amendments and additions to some legislative acts of the Republic of Kazakhstan on further simplification of the administration of Justice, reduction of arbitration procedures "" was included in the edition of Article 140 of the code of criminal procedure (1999 edition), if the claim for recovery of the amount spent on training cadets of educational institutions who voluntarily stopped their activities before the expiration of the period stipulated by the contract was declared."

In the current code of Civil Procedure, this requirement is included in paragraph 13 of Article 135, the consideration of such civil cases ends with the issuance of a court order.

That is, the Baikonur District Court of Kyzylorda region issued a court order on the recovery of budget funds for training from the debtor Smagulov N. G. on the application of the Karaganda Academy of the Ministry of internal affairs of the Republic of Kazakhstan. In accordance with the requirements of Article 55 of this law, the paid one-time monetary remuneration is subject to return after dismissal from military service for negative reasons. By court order dated April 16, 2015, the debtor S. S. Suleymenov collected in favor of the state budget funds for training in the amount of 497,803 tenge and the state fee in the amount of 4978 tenge.

By form, the court order consists of parts of the introduction and resolution. Article 138 of the Civil Code of the Republic of Kazakhstan regulates the issues of refusal to accept and return an application for issuing a court order. This means that any claim made known to the court is not the subject of consideration by the court.

In the new edition of the APC, the procedure and terms for issuing a court order are regulated by Article 139.

it is necessary to take into account the courts. It should be noted that in the new edition of the APC, the issue of sending a copy of the court order to the debtor is regulated by Article 141, and this article is supplemented by subparagraphs 3,4,5 and 6 concerning the issues of objection to the court order. If a violated court order is sent for execution or transferred to the manufacturer for execution, then the court revokes such a court order.

The production of an order to recover the amounts spent on training cadets of educational institutions who have terminated their training or service at their own discretion, as well as dismissed or dismissed before the expiration of the period stipulated by the contract on the grounds provided for by the legislation of the Republic of Kazakhstan, is included in Chapter 13 of the Civil Code of the Republic of Kazakhstan (1999 edition) and Chapter 12 of the new edition of the

In case of disagreement of the debtor with the stated claim, it is necessary to be guided by the requirements of paragraph 16 of the normative resolution of the Supreme Court of the Republic of Kazakhstan No. 2 "on the application by courts of certain norms of Civil Procedure legislation". If the debtor submits objections to the declared claim to the court within ten days from the date of receipt of a copy of the court order, then the judge is obliged to issue a ruling on the violation of the court order, regardless of their content. If the defendant misses the deadline for filing such objections for good reason, then this period may be restored in accordance with Article 128 of the code of criminal procedure.

In accordance with paragraph 13 of Article 140 of the code of the Republic of Kazakhstan, a statement of claim for the recovery of the amount spent on training cadets of educational institutions may also be required in case of its voluntary termination of activity earlier than the period specified in the contract.

And according to Article 26 of the law of the Republic of Kazakhstan "on military service and status of a serviceman", there is no justification for the voluntary dismissal of a serviceman.

 

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