of October 28, 2005 No. 4
About practice of application of the legislation on indemnification caused to life and health of citizens in case of liquidation of the legal entity owing to bankruptcy
For the purpose of uniform application by courts of the legislation on indemnification caused to life and health of citizens in case of liquidation of the legal entity owing to bankruptcy, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. Draw the attention of courts that the amount and payment procedure in case of liquidation owing to bankruptcy of the legal entity recognized in accordance with the established procedure responsible for the harm done to life and health of citizens are determined by the Civil code of the Republic of Kazakhstan (further - group of companies) and the Law of the Republic of Kazakhstan of March 7, 2014 No. 176-V "About rehabilitation and bankruptcy" (further - the Law).
1-1. After completion of the period of capitalization of payments to the citizen of the Republic of Kazakhstan monthly payments according to the procedure, established by the Government of the Republic of Kazakhstan (item 4 of Article 945 of group of companies) are performed.
According to the Rules approved by the order of the Government of the Republic of Kazakhstan of May 25, 2011 No. 571, to persons having the right to monthly payments in that order it is necessary to provide copies of the judgment about recognition of the company by the bankrupt, about assignment of responsibility on payment of the capitalized payments on account of indemnification on the state, the register of requirements of creditors of the first priority approved by court. Verified copies listed documents upon the demand of persons stated above are provided by the court which considered case on recognition of the company by the bankrupt. Removal of the new judgment about assignment of responsibility on payment of the capitalized payments on the state after achievement of 70-year age by them is not required.
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