Recovery of a one-time monetary reward for early termination of a contract at the initiative of a serviceman
The requirement to collect a one-time monetary reward provided for in a military service contract in case of early termination of the contract on the initiative of a contract serviceman without valid reasons is included in the wording of Article 140 of the Civil Procedure Code of the Republic of Kazakhstan (as amended in 1999) by the Law of the Republic of Kazakhstan dated November 17, 2014 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan acts of the Republic of Kazakhstan on further simplification of the administration of justice and reduction of bureaucratic procedures."
Prior to the entry into force of the said norm, the collection of the above amounts was carried out in the claim proceedings according to the rules of Chapter 14 of the CPC of the Republic of Kazakhstan (as amended in 1999).
In the current Code of Civil Procedure, this requirement is included in paragraph 12 of Article 135, where the consideration of such cases ends with the issuance of a court order.
Thus, the Burabay district Court of the Akmola region considered the application of the Russian State Educational Institution "Military Unit 25744" of the Ministry of Defense of the Republic of Kazakhstan to the debtor Suaishev N.B. for a court order to recover the lump sum paid in connection with dismissal for negative reasons.
According to the requirement of the norm of art.55 of the above-mentioned Law, the one-time monetary remuneration received is subject to refund upon dismissal of a serviceman on a contract for negative reasons.
The form of the court order consists of introductory and operative parts. Article 138 of the CPC of the Republic of Kazakhstan regulates the issues of refusal to accept and return an application for a court order. This means that not every claim submitted to the court is the subject of judicial protection.
The form of the court order consists of introductory and operative parts.
Article 138 of the CPC of the Republic of Kazakhstan regulates the issues of refusal to accept and return an application for a court order. This means that not every claim submitted to the court is the subject of judicial protection.
The grounds for the refund were that, in accordance with paragraph 13 of Article 140 of the Civil Procedure Code of the Republic of Kazakhstan, a court order is issued if a claim is made to collect a one-time monetary reward provided for in the contract for military service, in case of early termination of the contract on the initiative of a contract serviceman without valid reasons.
According to these statements, contracts with military personnel were terminated at the initiative of the unit's command, due to dismissal for negative reasons. In this regard, the applications were returned in accordance with paragraph 1 of Part 1 of Article 143 of the CPC of the Republic of Kazakhstan.
When considering applications in this category, a prerequisite is the availability of a contract for military service and the payment of a one-time monetary reward to the recipient. The procedure and time limit for issuing a court order in the CPC are regulated by Article 139, which provides for issuing an order within three working days.
When resolving the debtor's objection to the stated claim, it is necessary to follow paragraph 16 of the Regulatory Resolution No. 2 of the Supreme Court of the Republic of Kazakhstan "On the application by courts of certain norms of civil procedure legislation", explaining that if the debtor, within ten days from the date of receipt of a copy of the court order, objections to the stated claim are sent to the court, then regardless of their content, the judge He is obliged to make a ruling on the cancellation of the court order. If the deadline for filing such objections is missed by the defendant for valid reasons, then in accordance with art. 128 of the CPC of the Republic of Kazakhstan, it can be restored. If the cancelled court order has been sent for execution or issued to the recoverer, the court order is revoked by the court.
In accordance with the provisions of paragraph 13 of Article 140 of the Civil Procedure Code of the Republic of Kazakhstan, a claim for the recovery of a one-time monetary remuneration provided for in a contract for military service may be filed in the event of early termination of the contract on the initiative of a contract serviceman without valid reasons. Meanwhile, article 26 of the Law of the Republic of Kazakhstan "On Military Service and the Status of military Personnel" does not provide for such grounds as dismissal of a serviceman from military service in case of early termination of a contract on the initiative of a serviceman under a contract without valid reasons.
The specified article of the Law provides for the dismissal of military personnel under contract due to the absence of a serviceman on duty for three or more consecutive hours without a valid reason.
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