Recovery of compensation for moral damage
An analysis of the civil cases submitted for summary indicates that, along with the demand for reinstatement at work and the recovery of wages during forced absenteeism, employees file claims for monetary compensation for moral damage. When considering claims for compensation for moral damage, the courts are guided by article 24 of the Constitution of the Republic of Kazakhstan; articles 951, 952 of the Civil Code; According to the explanations contained in the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage", When determining the amount of compensation for moral damage, the courts take into account both a subjective assessment of the severity of moral damage caused to the plaintiff and objective data indicating the degree of moral and physical suffering, and also proceed from based on the principle of reasonableness, sufficiency and fairness, which is right.
Recovery of compensation for moral damage
I. filed a lawsuit against JSC, third parties Agat Service LLP, Karuglesbyt LLP to recover compensation for moral damage in the performance of contractual, labor duties. By the decision of the Temirtau City Court, the plaintiff's claims were partially satisfied, 200,000 tenge was recovered from the required amount of compensation for moral damage in the amount of 2,000,000 tenge.
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