A lawsuit to recover the unpaid amount of alimony for the maintenance of minor children
Plaintiff: A.G. (S.G.A.)
IIN ..
547/1 S. ave., Almaty,
183 sq.m., tel. 8701.
Representative: lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty
cell phone: 87085785758
Representative: lawyer Sabit Davletovich Nigmetov
IIN 820125350700
79 Abylai Khan ave., office 313, Almaty
Phone: 87009785755, 87054628284
the defendant: Limited Liability Company "G B -Shymkent"
BIN
Almaty, A district, Abylai Khan ave., ...
phone: +7 (727).. (office)
fax +7 (727) ...
the price of the claim: 19,345,442 tenge
a claim for recovery of the unpaid amount of alimony for the maintenance of minor children
On March 03, 2022, by a private bailiff (hereinafter referred to as the CSI) B.G.S. the enforcement proceedings were accepted, initiated on September 21, 2021 for No. 1640/21-75-70 , based on the enforcement document - the court order of the district court No. 2 of the Auezovsky district of Almaty dated September 26, 2017 for No. 7540-17-00-2/7862 on recovery of alimony from S.B.K. in favor of S.G.A. maintenance of three minor children in the amount of half of earnings and (other) income document monthly, starting from September 21, 2017 and up to the age of majority.
Earlier, on April 26, 2018, a notarized agreement was concluded between S.B.K. and S.G.A., which settled the issue of alimony obligations between the parties. According to article 2 (Alimony obligations) of the above-mentioned agreement, the subject of this article is the payment of S.B.K. in favor of S.G.A., intended for the maintenance of common minor children: S.A., born on 22.02.2010; S.A., born on 20.04.2007 and S.A., born on 25.07.2004. S.B.K. undertakes to pay alimony for the maintenance of minor children in the amount, manner and within the time limits established by law and in accordance with Court Order No. 7540-17-00-2/7862 dated September 26, 2017.
The CSI found that the debtor, S.B.K., had been working for Beineu-Shymkent Gas Pipeline LLP (hereinafter referred to as the defendant) since March 15, 2014. (the employment contract was terminated with S.B.K. on November 08, 2022). From the moment the enforcement proceedings were initiated, the decision to foreclose on wages and other types of income was sent to the debtor's place of work to withhold alimony in the amount of 1/2 of earnings and (other) income.
On December 26, 2020, the defendant received a second enforcement document for withholding alimony in favor of D.J.M. in the amount of 1/3 of earnings and other income.
From this period, the defendant's accounting department deducts 30% of earnings in favor of S.G.A., and according to the second executive document on withholding alimony in favor of D.J.M. in the amount of 20%.
At the same time, the accounting department independently determined the amount of alimony payments under the executive document - 30% of earnings in favor of S.G.A. and 20% of earnings in favor of D.J.M.
Thus, the Deputy General Director-Chief Accountant of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., did not ensure the execution of the bailiff's order and the court decision, respectively.
For these illegal actions, an employee of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., was brought to administrative responsibility and found guilty of committing an administrative offense under Article 670 of the Code of Administrative Offenses of the Republic of Kazakhstan, according to the resolution of the Specialized Interdistrict Court for Administrative Offenses of Almaty dated January 23, 2023. By the resolution of the Almaty City Court dated February 16, 2023, the resolution of the Specialized Interdistrict Court for Administrative Offenses of Almaty dated January 23, 2023 regarding Shabdukarimov S.B. remained unchanged.
As a result of the illegal actions of the employee of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., I did not receive the funds due in accordance with the court order for the recovery of alimony for the maintenance of minor children in the total amount of KZT 19,345,442, which is confirmed by the decisions of the private bailiff B.G.S. dated 04/14/2022 and 04/27/2023 on the determination of arrears of alimony payments.
Thus, S.S.B. caused property damage to me and my minor children in the form of unpaid alimony in the amount of KZT 19,345,442.
According to article 3 of the Convention on the Rights of the Child, ratified by the Republic of Kazakhstan on June 8, 1994 by a resolution of the Supreme Council of the Republic of Kazakhstan:
"1. In all actions concerning children, regardless of whether they are undertaken by public or private institutions dealing with social security issues, courts, administrative or legislative bodies, the best interests of the child are given priority.
2. The Participating States undertake to provide the child with such protection and care as is necessary for his well-being, taking into account the rights and obligations of his parents, guardians or other persons legally responsible for him, and to this end shall take all appropriate legislative and administrative measures."
According to part 3 of Article 76 of the Constitution of the Republic of Kazakhstan, "Decisions, verdicts and other court rulings are binding throughout the Republic."
According to part 1 of Article 10 of the Law of the Republic of Kazakhstan "On Legal Acts", "The Constitution of the Republic of Kazakhstan has the highest legal force.
According to Article 917 of the Civil Code of the Republic of Kazakhstan:
"1. Damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
By legislative acts, the obligation to compensate for harm may be imposed on a person who is not the causer, and a higher amount of compensation may also be established."
According to Article 921 of the Civil Code of the Republic of Kazakhstan:
"1. A legal entity or a citizen compensates for the damage caused by its employee in the performance of labor (official, official) duties."
S.S.B. is an employee of Beineu-Shymkent Gas Pipeline LLP, and therefore, the defendant bears the obligation to compensate for damage in the form of unpaid child support.
In addition to the above arguments, the decision of the Specialized Inter-District Juvenile Court of Almaty dated January 25, 2021, denied the satisfaction of S.B.K.'s claims to reduce the amount of alimony. During the trial, the court decided that there were no grounds for reducing the amount of alimony. The said decision of the Specialized Interdistrict Juvenile Court of Almaty dated January 25, 2021 was reviewed by the Judicial Board for Civil Cases of the Almaty City Court and upheld by the decision of April 7, 2021.
According to article 76 of the Civil Procedure Code of the Republic of Kazakhstan:
"2. The circumstances established by a court decision or decision that has entered into legal force in a previously considered civil case are binding on the court. Such circumstances are not proven again in other civil cases involving the same persons.
5. The guilt of a person in the commission of an administrative offense, established by a court decision that has entered into legal force in the case of an administrative offense, is not proved again when considering the case on the civil consequences of the same offense committed by this person."
According to paragraph 4) of Article 616 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget (Tax Code)", plaintiffs are exempt from paying state duty in courts for alimony claims.
According to Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, "At the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices." I have signed a contract for the provision of legal assistance with the Law and Law Law Firm, the cost of legal assistance amounted to 300,000 tenge, which I ask to recover from the defendant.
Based on the above, I ask the court:
- to recover from the Limited Liability Partnership "Beineu-Shymkent Gas Pipeline" in favor of A. G. the unpaid amount of alimony for the maintenance of minor children in the amount of 19,345,442 (nineteen million three hundred forty-five thousand four hundred forty-two) tenge.
- collect from the Limited Liability Partnership "Beineu-Shymkent Gas Pipeline" in favor of A. G. the costs of paying for the assistance of a representative in the amount of 300,000 (three hundred thousand) tenge.
Appendix: a copy of the court order dated 26.09.2017, a copy of the Agreement dated 26.04.2018, a certificate of family name change, a copy of the resolution of the Specialized Interdistrict Court for Administrative Offenses of Almaty dated January 23, 2023, a copy of the resolution of the Almaty City Court dated February 16, 2023, a copy of the decision of the Specialized Interdistrict Court for Minors of Almaty dated January 25 2021, a copy of the decision of the Judicial Board for Civil Cases of the Almaty City Court and dated April 7, 2021, a copy of the resolution of the private bailiff G.S. Baykushikova dated 04/14/2022, a copy of the resolution of the private bailiff B.G.S. dated 04/27/2023.. a copy of the pre-trial claim addressed to the General Director of Beineu-Shymkent Gas Pipeline LLP, a copy of the response to the pre-trial claim, a copy of the legal assistance agreement, a copy of the receipt for legal assistance, a copy of the power of attorney for Sarzhanov G.T., a copy of the certificate of state registration of the legal entity Law Law Firm, a copy of Sarzhanov's lawyer's certificate G.T., a copy of the notice of representation of lawyer Sarzhanov G.T., a copy of the power of attorney for Nigmetov S.D., a copy of the certificate of lawyer Nigmetov S.D., a copy of the notice on the representation of the lawyer Nigmetov S.D.
.07.2023 A.G.
representative by proxy
lawyer Sarzhanov G.T.
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