Statement on the establishment of a fact of legal significance
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To the Zhitikarinsky district Court of Kostanay region
applicant: I.G.Z., born on 02/06/1962, IIN ....
place of residence: g. Gitikara, ... cell phone 8776....
Interested party: Russian State Institution "Department of the Committee of Labor, Employment and Social Policy
protection of the population of the Republic of Kazakhstan in Kostanay region",
Kostanay, Kasymkanova str., 34, tel. 8/7142/500417 BIN ……
statement
on the establishment of a fact of legal significance
I was married to I.A.O. from 07/19/1989 to January 26, 2005. In 1989, my husband I.A.O. was injured in an accident, and on 31.10.1989 he was assigned the 1st disability group. Subsequently, on 12.05.1994, he was also assigned the 1st disability group, with a permanent term.
Due to the fact that my husband I.A.O. was paralyzed and needed constant care, during the period from 05.09.1996 to 26.01.2005 (before his death), I took care of him, fed, bathed, massaged, injected him with medical preparations, smeared ointments from pressure sores, lifted him onto a special simulator, she drove in a wheelchair, took care of hygiene after natural needs. My arguments can be confirmed by witnesses: Zh.G.A., born on 12.12.1963, living in the village of Shevchenkovka, Zhitikarinsky district, cell phone 8777...; I.Zh.A., living in 8705.... And is also confirmed by a marriage certificate, a pension certificate in the name of I.A.O., a death certificate of I.A.O., answers from the Russian State Institution "Department of the Committee of Labor, Employment and Social Protection of the Population of the Republic of Kazakhstan in the Kostanay region." I am currently preparing documents for retirement.
Statement on the establishment of a fact of legal significance
According to Article 4 of the Law of 06/21/2013 No. 105-V "On Pension provision in the Republic of Kazakhstan": - The length of service in the pension system when providing a state basic pension payment is counted: 9) the time of care for a person with a disability of the first group, a single person with a disability of the second group and a pensioner in need of outside help, as well as for an elderly person who has reached the age of eighty. In this regard, the establishment of the fact of the time of care for my spouse I.A.O. – I need to be a disabled person of the 1st group in order to establish my general work experience and, as a result, it will affect the amount of the pension assigned to me. According to the response of the Russian State Institution "Department of the Committee of Labor, Employment and Social Protection of the Population of the Republic of Kazakhstan in Kostanay region" – "The submission of a court decision is not required when confirming information about the receipt of a monthly state benefit, assigned and paid... a person caring for a disabled person of the first group of state-owned IP. According to the information of the medical and social expertise, I.A.O. He has been a group 1 invalid since October 31, 1989. According to the database of recipients of pensions and benefits, I.G.Z. was not a recipient of benefits for caring for a disabled person of the first group, but at the same time, if she did not work and took care of her spouse during the period from September 5, 1996 to January 26, 2005, then this period can only be established in court." According to art . 14 of the Law of the Republic of Kazakhstan "On Pension provision in the Republic of Kazakhstan": "The length of service in the absence of a work record or relevant entries in it is established on the basis of documents confirming information about the job or on the basis of a court decision ..." Currently, it is not possible to establish the fact of my time of care for a disabled person of the 1st group in any other way than in court.
Statement on the establishment of a fact of legal significance
Based on the above, guided by Articles 8, 9 of the Civil Code of the Republic of Kazakhstan, Articles 305-308 of the CPC of the Republic of Kazakhstan, I ask: - to establish the fact of I.G.Z.'s care for I.A.O., born on 11/31/1961, who had a disability of the first group, during the period from 09/05/1996 to 01/26/2005. Appendix: receipt of payment of the state fee, response of the Russian State Institution "Department of the Committee of Labor, Employment and Social Protection of the Population of the Republic of Kazakhstan in Kostanay region" dated 06/22/2022, response of the Russian State Institution "Department of the Committee of Labor, Employment and Social Protection of the Population of the Republic of Kazakhstan in Kostanay region" dated 07/12/2022, a copy of the marriage certificate, a copy of the certificate death certificate, a copy of the employment record, a copy of the pension certificate, a copy of the identity card.
07/14/2022 I.G.Z.
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.
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