About leaving the claim for the collection of the amount without consideration

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About leaving the claim for the collection of the amount without consideration

10 February 2026

About leaving the claim for the collection of the amount without consideration

November 29, 2024 No. 5143-24-00-2/1095 judge of the Maktaaral District Court of the Turkestan region A. Shinda, considering the civil case on the claim in a simplified (written) procedure,

Plaintiff: agricultural production cooperative" A. Agro-2018 " defendant: F. F. A. claim of the plaintiff:

amount production

Guided by articles 223-226, 267-4 of the APC and decided:

To satisfy the claim of the agricultural production cooperative "A. Agro-2018" on the collection of the amount by the defendant F. F. A.

Defendant F. F. A. plaintiff to collect in favor of the agricultural production cooperative" A. Agro-2018 " the amount of debt in the amount of 4,521,000 (four million five hundred and twenty-one thousand) tenge, 135,630 (one hundred and thirty-five thousand six hundred and thirty) tenge state duty, 220,000 (two hundred and twenty thousand) tenge with the help of a representative, a total of 4,876,630 (four million eight hundred and seventy-six thousand six hundred and thirty) tenge.

The defendant has the right to apply to the court that issued the decision in a simplified (written) procedure for the cancellation of this decision within five working days from the date of receipt of copies of the court decision.

To the decision-after the expiration of the deadline for filing an application for the cancellation of this decision, and if the application is filed, within one month after the court issues a ruling on the refusal to satisfy this application, an appeal is submitted to the judicial board for civil cases of the Turkestan regional court through the District Court m, the prosecutor may file an appeal petition.

A statement was sent in disagreement with the court decision on the cancellation of the court decision taken in a simplified procedure

On November 29, 2024 judge of the Maktaaral District Court of Turkestan region A. Shinda, in a simplified procedure electronic No. 5143-24-00-2/1095, plaintiff in the civil case agricultural production cooperative "A. Agro-2018" considered the claim for the recovery of the amount in relation to the defendant F. F. A., The Judge, guided by articles 223-226, 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, the judge decided: to satisfy the claim of the agricultural production cooperative "atakent agro-2018" on the collection of the amount of the defendant F. F. A.

Defendant F. F. A. the plaintiff in favor of the agricultural production cooperative" A. Agro-2018 " issued a decision to collect the amount of debt in the amount of 4,521,000 Tenge, the state duty in the amount of 135,630 Tenge, the assistance of a representative in the amount of 220,000 tenge, a total of 4,876,630 tenge.

Dear court, the defendant in this civil case did not know about the receipt of the claim to the court, did not receive any notification, thus deprived of the opportunity to file a reasoned objection in the case. The defendant learned about the court decision only on February 16, 2025 from the Register of debtors on the website of the automated information system of enforcement proceedings bodies of the Ministry of Justice of the Republic of Kazakhstan. Also, the defendant did not have the opportunity to familiarize himself with the subject of the statement of claim, the nature and scope of the plaintiff's claims and collect the necessary materials to protect his interests,

The decision of the Maktaaral District Court of Turkestan region restricts the rights of the defendant to my interests by the following points.

In accordance with Part 2 of Article 267-3 of the Criminal Procedure Code of the Republic of Kazakhstan, the court is obliged to notify the parties of the consideration of the case in simplified (written) proceedings no later than the next business day from the date of its adoption by e-mail address or mobile subscriber number, as well as using other means of communication that ensure the registration of the notification.

As stated in this article, The defendant did not receive or hear any notification from the court and the plaintiff, in the court's Office, the defendant was registered on February 16, 2025 and got acquainted with the materials of the case in the case.

With the plaintiff's statement of claim, the defendant cannot agree because in fact there was a conversation between the plaintiff and the defendant regarding the receipt of funds for the preliminary oral harvest, however, the parties did not move on from further negotiations.

In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens must act honestly, reasonably and fairly in the exercise of their rights, comply with the requirements contained in the legislation, the moral principles of society, and entrepreneurs - the rules of Business Ethics. This obligation cannot be excluded or limited by the condition. Priority is given to the honesty, reasonableness and fairness of actions of participants in civil legal relations.

Based on this norm, we do not agree with the plaintiff's lawsuit on the following grounds:

In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently choose their position, methods and means of its protection and independently of the court and other persons participating in the case.

The plaintiff in his statement of claim: the defendant, A. F. F., The plaintiff from the agro-industrial complex "A. Agro-2018", with the outgoing cash Order No. 169 dated 30.12.2021, 7,000,000 tenge, with the outgoing cash order of 28.09.2022 1,000,000 tenge and with the outgoing cash order of 01.10.2022 1,000,000 tenge total 9,000,000 it is agreed that the tenge will be returned at the expense of the products of 2022.

Without full payment of the funds received by the defendant, 4,479,000 tenge from the income of products for 2022 was returned by the plaintiff to the agro-industrial complex "A. Agro-2018".

To date, the remaining debt of the defendant to the agro-industrial complex "A. Agro-2018" is 4,521,000 tenge.

- We cannot agree with the arguments of this plaintiff:

First of all, we believe that the above relations do not correspond to articles 147,151,152,153 and 683, 715, 716, 717 of the Civil Code of the Republic of Kazakhstan.;

We believe that the relationship between the plaintiff and the respondent can be attributed to the contract for the provision of reimbursable services, as specified in Article 683 of the Civil Code of the Republic of Kazakhstan, or to the loan agreement, as specified in Article 715 of this code., the borrower undertakes to return to the borrower the same amount of money or an equal amount of things of this origin and quality in a timely manner.

As for Article 716 of the Civil Code of the Republic of Kazakhstan, the form of the loan agreement is written in which it is stated that the loan agreement must be concluded in writing in accordance with the provisions of articles 151-152 of this code.

Article 147 of the Civil Code of the Republic of Kazakhstan "the concept of a transaction" specifies that actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized as transactions.

In accordance with paragraphs 1, 2 and 5 of Article 151 of the Civil Code of the Republic of Kazakhstan, transactions are concluded orally and in writing.

A transaction that is not established by law or by agreement of the parties in writing (simple or notarial) or any other specific form, in particular, all transactions performed at the time of their conclusion, can be concluded orally. Such a transaction is considered concluded even when the person's behavior clearly shows his will to make a transaction.

Transactions concluded for the execution of a contract concluded in writing can be concluded orally by agreement of the parties, if they do not contradict the laws.

The written form of the transaction is determined in accordance with paragraphs 1, 2 and 3 of Article 152 of the Civil Code of the Republic of Kazakhstan.

The following transactions:

For certain types of transactions, unless otherwise specifically provided by law or arising from the usual rights of the business field, the transactions are carried out in the process of entrepreneurial activity, except for those that are carried out at the time of conclusion;

in addition to those that are executed even at the time of conclusion of transactions, one hundred monthly calculation indices for a higher amount;

in other cases provided for by law or agreement of the parties, it must be concluded in writing.

In accordance with paragraphs 2-1, 3 of Article 715 of the civil code, it is forbidden for individual entrepreneurs and legal entities to provide money to citizens in the form of loans and such conditions are irrelevant, and it is also forbidden for citizens and legal entities to attract money in the form of loans from citizens as entrepreneurial activity and such conditions are irrelevant.

This prohibition does not apply in cases where there are financial organizations with banks licensed by the authorized state body.

Failure to comply with the simple written form of the transaction in accordance with paragraphs 153 1.2 of the Civil Code of the Republic of Kazakhstan in the event of a dispute deprives the parties of the right to confirm the conclusion, content or execution of the transaction by witness testimony.

In cases directly specified in the laws of the Republic of Kazakhstan or the agreement of the parties, the transaction is considered null and void if the simple written form of the transaction is not observed.

In accordance with articles 68, 72 of the APC of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the basis of its claims and objections, each evidence is subject to evaluation taking into account relativity, admissibility, authenticity.

The defendant did not receive the funds of the plaintiff in the amount of KZT 9,000,000 specified in the statement of claim, and the signatures placed on the Raskhodny kassovy order listed below do not belong to the defendant.

The plaintiff submitted to the court copies of documents No. 169 and three Raskhodny cassovy orders, but the court did not indicate that a copy of these documents was taken from the original basis.

In accordance with paragraph 5 of Article 68 of the Civil Code of the Republic of Kazakhstan, circumstances are not considered established if, when the need to provide the original arises from the requirements of the law, only copies of documents are submitted and the original version is not submitted for their confirmation.

Also, the court, when challenging the document or its content, cannot consider the circumstances confirmed only by a copy of other written evidence as proven circumstances.

In accordance with articles 67, 68, 72 of the Criminal Code of the Republic of Kazakhstan, if the person who submitted the evidence recognizes the statement of its falsification as valid, the court excludes the evidence from the list of valid evidence and decides the case on the basis of other evidence. Circumstances are not considered established if only copies of documents are provided for their confirmation, and the need to provide the original arises from the requirements of the law.

If, as a result of the verification, it is established that it corresponds or does not correspond to reality, each evidence is subject to evaluation, taking into account relativity, admissibility, authenticity, and in the aggregate of all collected evidence-sufficiency for resolving a civil case.

In accordance with the requirements of Batar 57, 58, 59, 60, 61 of the APC of the Republic of Kazakhstan, citizens have the right to conduct their cases in court personally or through their representatives.

An able-bodied person with duly executed powers to conduct a case in court based on a power of attorney, the legislation of the Republic of Kazakhstan, a court decision or an administrative act may be a representative in court in accordance with part three of this article.

Cases of legal entities are conducted in court by their heads and (or) their representatives acting within the limits of the powers granted by the Constituent documents.

A lawyer has the right to perform the necessary procedural actions during representation in accordance with the lawyer's certificate and a written notification of protection (representation). The powers of a lawyer to perform each of the procedural actions listed in the first part of Article 60 of this Code must be reflected in the power of attorney.

The representative on the assignment, within the limits of the powers granted to him, has procedural rights and performs procedural duties of the person whose interests he represents. (Full name of the representative to improve every part of the first procedural actions should be specifically provided in compliance, I present)

In accordance with Part 3 of Article 267-3 of the Civil Code of the Republic of Kazakhstan, the parties who do not agree with the consideration of the case in simplified (written) proceedings-within fifteen working days from the date of receipt of the notification, the court has the right to submit an application for consideration of the dispute in a general manner according to the rules of claim proceedings, and the defendant has the right to submit an opinion (objection) to the claim with the attachment of documents and evidence.

The inability of the defendant to participate in the court session of the first instance is due to the fact that the plaintiff or the court did not receive notifications about the court session.

In accordance with Part 2 of Article 267-4 of the Civil Code of the Republic of Kazakhstan, the defendant has the right to apply to the court that issued the decision in a simplified (written) procedure for the cancellation of this decision within five working days from the date of receipt of copies of the court decision. The application is submitted if the defendant is not properly notified of the receipt of the claim and its consideration in a simplified (written) procedure and is unable to present an opinion, as well as evidence that can affect the content of the decision.

The application for the cancellation of the decision to Part 3 of Article 267-4 of the Civil Code of the Republic of Kazakhstan is considered by the court within ten working days from the date of its receipt by the court. In the presence of a set of grounds specified in part two of this article, the court, resuming consideration of the case on its merits, issues a ruling on the cancellation of the decision, which is not subject to appeal.

In accordance with Article 272 of the Civil Code of the Republic of Kazakhstan, the obligation must be properly fulfilled in accordance with the terms and requirements of the legislation, and in the absence of such conditions and requirements-in accordance with the customs of business turnover or other requirements usually imposed.

We also believe that the plaintiff by his actions grossly violates the requirements of honesty, integrity and Justice provided for in Section 4 of Article 8 of the Civil Code of the Republic of Kazakhstan.

In accordance with Article 8 of the APC, each person has the right to apply to the court for the protection of violated or disputed constitutional rights, freedoms or protected interests.

In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties may independently present their position, methods and means of its defense and the same evidence to the court.

In accordance with Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to protect their violated or disputed rights, freedoms or interests protected by law.

For the purpose of a comprehensive, complete and objective consideration of the said civil case, evidence is submitted to the court that may affect the content of the decision.

Based on the foregoing and in accordance with articles 267-1, 267-2, 267-4 of the APK, we ask the court:

* Cancellation of the decision of the Maktaaral District Court of Turkestan region on the civil case of the electronic №5143-24-00-2/1095 in the simplified procedure of November 29, 2024;

* Re-open the case on its merits and review it in a general manner.

February 24, 2025 as part of the Maktaaral District Court of Turkestan region under the chairmanship of A. zh.Shindat, at the sitting of U. Polatov in the secretariat, with the participation of the representative of the defendant G. Sarzhanov, at an open court session in the courtroom, the defendant F. A., His representative G. Sarzhanov considered the application for the annulment of the court's decision on November 29, 2024 65, 72, 147, 262, 268, 269 the judge, guided by the articles

The defendant F. A., the statement of his representative G. Sarzhanov to be satisfied.

Cancel the decision of the maktaaral District Court on the civil case of the claimant of the agricultural production cooperative "A. Agro-2018" on the recovery of the amount brought by the defendant F. F. A. dated November 29, 2024 No. 5143-24-00-2/1095 and review the merits of the case.

At the hearing, the representative of the plaintiff I. A. asked the court to withdraw the claim and leave it unattended and dismiss the defendant's request for the collection of 700,000 tenge paid for the assistance of avdokat.

February 5, 2025 No. 5143-25-00-2/196 case Maktaaral District Court of Turkestan region, consisting of: presiding Judge A. Shinda, sitting in the secretariat U. Polatov , representative of the plaintiff B. A., representative of the defendant G. Sarzhanov during the preparation of the trial, the plaintiff considered the civil case of the agricultural production cooperative "Atakent Agro-2018" on the recovery of the amount caused by the defendant Ffake, the plaintiff atakent agro-2018 filed a claim with the court, where the defendant F. Aten received a loan amount of 4,521,000 tenge, 135,630 tenge state duty, 220,000 tenge for the assistance of a representative, a total of 4,876,630 tenge was requested. At the hearing, the representative of the plaintiff B. Abdrazakov asked to withdraw the claim and leave it unattended and to dismiss the defendant's request for the collection of 700,000 tenge paid for the assistance of avdokat.

At the court session, the representative of the defendant, G. Sarzhanov, indicated that he did not object to neglect and asked the plaintiff to recover 700,000 tenge paid for the assistance of a lawyer in favor of the defendant.

In accordance with Part 1 of Article 168 of the APC, articles 272, 273 of this Code, Article 277 1), 2), 3), 4), 5) subparagraphs 6) and Article 279 1), 2), 3), 4), 5), 8) in the presence of circumstances provided for in subitems 9), when preparing a case for trial, the proceedings on it may be suspended or terminated, or the application may be left without consideration.

In accordance with Paragraph 8) of Article 279 of the APC, the court, if an application is submitted to withdraw the claim, and the defendant does not demand consideration of the case on its merits, the claim is left without consideration.

In such circumstances of the case, the claimant of the agricultural production cooperative "Atakentagro-2018" the collection of the amount brought by the defendant Ffake is subject to leave without consideration by civil proceedings.

Explain to the plaintiff that in accordance with the requirements of Part 3 of Article 280 of the civil code, after the elimination of the circumstances that served as the basis for leaving the statement of claim without consideration, the interested person has the right to submit a statement of claim to the court again in a general manner.

The defendant filed an application with the court asking the plaintiff to recover 700,000 tenge paid for the assistance of a lawyer from the ATAKENT Agro-2018 agricultural enterprise. The defendant shall not reimburse the court expenses incurred by the plaintiff in the case of pending consideration of the claim on the grounds provided for in subitems 6), 8) of Article 279 of this code in accordance with Part 3 of Article 115 of the civil code.

In such a case, the plaintiff reimburses the defendant for legal costs incurred by him in connection with the proceedings, including at the stage of pre-trial settlement of the dispute. Defendant F. A. the plaintiff is subject to satisfaction of the request for the recovery of 700,000 tenge paid for the assistance of a lawyer from the ATAKENT Agro-2018 agricultural enterprise.

Guided by articles 168, 268, 269 of the APC, the court ruled : the claim of the agricultural production cooperative "Atakent Agro-2018" on the collection of the amount brought by the defendant Ffake should be left without consideration. Defendant F. F. name to grant the request.

The plaintiff from the agricultural production cooperative" Atakentagro-2018 " to collect 700,000 (seven hundred thousand) tenge paid for the assistance of a lawyer in favor of the defendant Ffat.