RESOLUTION OF BOARD OF SOCIAL FUND OF THE KYRGYZ REPUBLIC

of June 27, 2006 No. 79

About approval of the Instruction "About procedure for collection from the employers guilty of damnification to health to workers, the amounts of national pensions on disability or on the occasion of loss of the supporter owing to labor mutilation, occupational disease or other damage of the health connected with execution of labor obligations by them"

According to the Law of the Kyrgyz Republic "About Social fund of the Kyrgyz Republic" the Board of Social fund of the Kyrgyz Republic decides No. 103 of 02.08.2004:

1. Approve the enclosed Instruction "About procedure for collection from the employers guilty of damnification to health to workers, the amounts of national pensions on disability or on the occasion of loss of the supporter owing to labor mutilation, occupational disease or other damage of the health connected with execution of labor obligations by them".

2. To provide to department of methodology of Social fund of the Kyrgyz Republic registration of this resolution and Instruction in the Ministry of Justice of the Kyrgyz Republic in the terms and procedure established by the legislation of the Kyrgyz Republic.

3. To department of external relations and information of Social fund of the Kyrgyz Republic to publish the enclosed Instruction in mass media after registration in the Ministry of Justice of the Kyrgyz Republic.

4. This Instruction becomes effective from the date of publication in mass media.

5. To general department of Social fund of the Kyrgyz Republic to send this resolution to regional, Bishkek and Osh city managements, district and city departments of Social fund of the Kyrgyz Republic for execution.

6. To impose control of execution of this resolution on the vice-chairman of Social fund of the Kyrgyz Republic Amanaliyeva B. A.

7. To department of methodology of Social fund of the Kyrgyz Republic to notify the Ministry of Justice of the Kyrgyz Republic on official publication of this Instruction.

Approved by the resolution of Board of Social fund of the Kyrgyz Republic of June 27, 2006 No. 79

The instruction about procedure for collection from the employers guilty of damnification to health to workers, pension amounts on disability or on the occasion of loss of the supporter owing to labor mutilation, occupational disease or other damage of the health connected with execution of labor obligations by them

I. General provisions

1.1. This Instruction "About procedure for collection from the employers guilty of damnification to health to workers, pension amounts on disability or on the occasion of loss of the supporter owing to labor mutilation, occupational disease or other damage of the health connected with execution of labor obligations by them" (further the Instruction) is developed according to the Civil code of the Kyrgyz Republic and the Law "About Social Fund of the Kyrgyz Republic" of 02.08.2004 No. 103.

1.2. This Instruction regulates procedure and conditions of compensation by defendant Employers to Social fund of the Kyrgyz Republic and its structural divisions (further - Social fund) the pension amounts paid according to the Law of the Kyrgyz Republic "About pension social insurance" of June 17, 1996 to No. 20 (further - pensions) on disability or on the occasion of loss of the supporter owing to labor mutilation, occupational disease or other damage of the health connected with execution of labor obligations by them (further - labor mutilation).

1.3. The purposes of this Instruction is:

- creation of legal conditions for recovery of the means of the Pension fund spent for pension payment on disability and on the occasion of loss of the supporter owing to labor mutilation at the expense of the guilty defendant Employer;

- accurate regulation of procedure for compensation by defendant Employers of paid amounts of disability pensions or on the occasion of loss of the supporter owing to labor mutilation.

1.4. In this Instruction the following terms and determinations are used:

the recourse action - the return requirement about return to Social fund of sum of money of actually paid disability pension or on the occasion of loss of the supporter owing to labor mutilation;

The defendant employer - the legal entity, irrespective of pattern of ownership, and the physical person which allowed labor mutilation owing to which the worker is granted disability pension or to the member (members) of family pension on the occasion of loss of the supporter is granted;

the action for declaration - the external form of expression of the claim reflecting the name of court where it is addressed, the name and addresses of the parties, the actual bases of the claim and confirmatory proofs, content and the price of the claim, the list of the enclosed documents;

The defendant Employer's curator - the employee of department of the income, the analysis and forecasting of the budget of district, city department of Social fund (further - departments of Social fund) under which authority the Employer who allowed labor mutilation owing to which the worker is granted disability pension is or to the member (members) of family pension on the occasion of loss of the supporter is granted.

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