Recognition of the right to assign pension payments

 

No. 6001-23-12/6pod/7 dated 06/12/2023

Plaintiff: K.N.

Respondent: RSU "Military unit"

The subject of the dispute: the recognition of illegal actions to refuse to send a personal file to the Pension Provision Center of the Ministry of Defense of the Republic of Kazakhstan, the recognition of the right to appoint pension payments, the obligation to claim a personal file from the Department of Defense of the city district and sending it to the authorized state body for the appointment of pension payments

Revision on the proposal of the Chairman

PLOT:

The plaintiff was discharged from military service in March 2020 and currently has no military service status.

The plaintiff's claims are not related to the employment relationship, as it implies the defendant's refusal to send her personal file to the Pension Support Center of the Ministry of Defense.

Judicial acts:

1st instance: the claim was returned due to the lack of jurisdiction of the military court.

Appeal: cancelled with the referral of the material for a new review by the same court to resolve the issue of acceptance of the claim.

Cassation: the submission was refused.

Conclusions:

In the submission, the Chairman of the Military Court, referring to article 109 of the Criminal Procedure Code, asked to determine the jurisdiction of the case, arguing that the case does not relate to the jurisdiction of military courts.

The cassation instance concluded that this submission was not subject to satisfaction on the following grounds.

According to article 109 of the CPC, disputes on jurisdiction between courts are resolved by a higher court, whose decision is final and cannot be reviewed.

The dispute between the courts of first instance located in different regions, cities of republican significance and the capital is resolved by the Supreme Court of the Republic of Kazakhstan upon the submission of the relevant regional or equivalent court.

However, there is no dispute about jurisdiction in this case, as this issue has been resolved in accordance with the procedure established by law.

The plaintiff filed a private complaint against the ruling of the military court of the garrison on March 3, 2023, regarding the jurisdiction of the case to the military court.

By the ruling of the Judicial Board for Civil Cases of the Military Court of the Republic of Kazakhstan dated April 18, 2023, the above definition was canceled. The private complaint has been satisfied.

This ruling of the court of appeal has entered into legal force and is mandatory for execution by the court of first instance.

Thus, the dispute over jurisdiction was settled, regardless of the reasons given by the court of appeal.

This case was not transferred from another court to the military court of the Akmola garrison.

In such circumstances, the performance must be left unsatisfied.

 

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