On the application of Article 13 of the Law of the Republic of Kazakhstan dated December 18, 1992 "On Social protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site"
Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 5.
In order to ensure uniform and correct application by the courts of Article 13 of the Law of the Republic of Kazakhstan dated December 18, 1992 Z923600_ "On Social protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site" and in connection with legislative changes, the Supreme Court of the Republic decides:
Explain to the courts that the pension allowances provided for in Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of Citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site" for citizens residing in the territories specified in Articles 5 and 6 of the Law and retired before January 1, 1998, as well as additional remuneration for working citizens and those living in the territories specified in articles 5, 6, 7, 8 and 9 of the Law relate to social benefits.
By Decree of the President of the Republic of Kazakhstan, which has the force of Law, U952700_ "On the Republican Budget for 1996" dated December 21, 1995, the concept of "monthly calculation index" was introduced for calculating pensions, allowances and other social benefits, as well as for applying penalties, tax and other payments, and until appropriate changes are made to the current legislation, the state The authorities are instructed to follow and apply the concept of "monthly calculation index", established by the same Decree.
The Laws of the Republic of Kazakhstan Z960059_ Z970201_ Z980318_ "On the Republican Budget for 1997, 1998, 1999" also provided for the calculation of pensions, allowances and other social benefits based on the monthly calculation index.
By the Law of the Republic of Kazakhstan dated November 16, 1999 Z990480_ "On Amendments and additions to the Law of the Republic of Kazakhstan "On Social Protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site", Article 12 and subparagraph 1 of Part two of Article 13 of the said Law were amended, the words "minimum wage" were replaced by the words "monthly calculation index".
Since the use of the concept of "minimum wage" has been suspended by law since 1996 until amendments were made to the current legislation, and in 1999 it was replaced by a "monthly calculation index", courts should proceed from the monthly calculation index when considering citizens' claims for additional wages starting in 1996.
However, the courts should bear in mind that by virtue of subparagraph 3 of article 960
K990409_
Civil Code of the Republic of Kazakhstan, monetary amounts of environmental allowances to
wages paid to citizens based on the minimum wage
fees, in the absence of bad faith on their part, are subject to foreclosure.
not subject to.
Chairman of the Supreme Court
Republic of Kazakhstan
Secretary of the Plenum,
Judge of the Supreme Court
Republic of Kazakhstan
(Experts: Umbetova A.M.,
Sklyarova I.V.)
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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