of May 29, 2009 No. 06-03-13/1385
Joint-stock company "Subsidiary insurance Company
BTA of BTA Care Bank
To all insurance companies
(according to the list)
Concerning the documents confirming the right of the beneficiary to receipt of insurance payment
Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further - the Agency), having considered the letter of JSC Subsidiary BTA Insurance Company of Bank BTA Zabota (further - the Insurance company) of 12.03.2009 No. and-0327, reports the following.
By the subitem 2) of Item 2 of Article of 291 GPK of RK it is determined that the court considers cases on factual determination of finding of person in dependence.
According to the above-stated request of the Insurance company the Agency sent inquiry to the Supreme Court of the Republic of Kazakhstan (further - the Supreme Court) concerning determination of the documents confirming the right of the beneficiary to receipt of insurance payment.
According to explanation of the Supreme Court of the basis of establishment judicially of the facts having legal value 292 Codes of civil procedure of the Republic of Kazakhstan are stipulated in Article (further - RK GPK).
According to Article 292 GPK court determine the facts having legal value only in case of impossibility of obtaining by the applicant in other procedure for the proper documents certifying these facts, or in case of impossibility of recovery of the lost documents.
Need of confirmation of availability or lack of the facts having legal value arises in relation to specific legal relationship.
In Article 940 of the Civil code of the Republic of Kazakhstan (further - RK Group) lists not only the subjects having the right to insurance payment as beneficiaries but also signs to which these persons shall correspond.
In the presence of dispute on the right to insurance payment interested persons have the right to take a legal action.
On the first question.
According to Item 3 of Article 940 of RK Group in case of the death of the citizen minors - before achievement of eighteen years have the right to indemnification; pupils at the age of eighteen years are also more senior - before the end of study in educational institutions on full-time courses, but no more than up to twenty three years; women are more senior than fifty eight years and men are more senior than sixty three years for life; disabled people - for the term of disability; one of parents, spouses or other family member occupied with care of his children who were dependent on the dead, grandsons, brothers and sisters - before achievement of fourteen years by them or changes of the state of health.
Item 5 of the Normative resolution of the Supreme Court of June 28, 2002 "About court practice on cases on establishment of the facts having legal value" it is provided No. 13 that when the applicant had earnings, got pension, grant, etc., it is necessary to find out whether there was help from person providing content, the permanent and main source of means of livelihood.
Thus, taking into account the above-stated explanations we consider that the stay fact dependent on parents of the dead who are retirement pensioners for confirmation of the right to indemnification in case of the death of the citizen (supporter) needs to be established judicially.
On the second question.
By Item 1 of Article 940 of RK Group it is determined that:
in case of the death of the citizen the disabled persons which were consisting dependent on the dead or having by day of his death the right to content from it have the right to indemnification; the child of the dead who was born after his death and also one of parents, spouses or other family member, irrespective of working capacity which does not work also is busy with care of his children who were dependent on the dead, grandsons, brothers and sisters who did not reach fourteen years or though reached the specified age, but, according to the conclusion of medical bodies, needing for health reasons foreign leaving.
Thus, the working spouse who is busy with care of the children who were dependent on the dead, the grandsons, brothers and sisters who did not reach fourteen years has no right to indemnification in case of the death of the citizen.
On the third question.
Recalculation of the amount of compensation established to each of having the right to indemnification on the occasion of loss of the supporter is determined by Item 3 of Article 941 of RK Group according to which established to each of having the right to indemnification on the occasion of loss of the supporter, the amount of compensation is not subject to further recalculation, except cases of the birth of the child after the death of the supporter; purposes (termination) of payment of compensation to persons occupied with care of children, grandsons, brothers and sisters of the died supporter.
We pay your attention that according to article 45 of the Law of the Republic of Kazakhstan "About regulatory legal acts" this explanation is not official interpretation of regulations of legal acts.
Vice-chairman K. Kozhakhmetov
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.