Addendum to the APPEAL to the Board of Appeal for Civil Cases
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To the Appeal Board for Civil Cases of the Almaty City Court
Almaty, 050000, Kazybek Bi street, 66.
0201@sud.kz
from the Defendant: A.B.R.
IIN ……
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5085; +7 700 978 5085.
Addition to
THE APPEAL
In your proceedings, there is a Civil case No.7519-22-00-2/519 dated 05/31/2022 on the claim of the plaintiff of the Limited Liability Partnership "Hyundai Transauto" (hereinafter referred to as the plaintiff) to A.B.R. (hereinafter referred to as the defendant) for recognition of a Nissan Almera car, VIN ...... located at: Almaty, ul. B...., 70 ownerless and transferring it to the ownership of the state.
We consider the decision of the court of first instance to be unlawful, unjustified and subject to review on the following grounds:
In the reasoning part of the Decision, the Court stated that "Thus, the court finds the arguments of the defendant A.B. not worthy of attention. However, the court's decision does not provide the defendant's main argument about the response received by the Chairman of the Committee of the Administrative Police of the Republic of Kazakhstan (the authorized body for registration and accounting of vehicles) to the defendant's request, which was given by him in the response to the plaintiff's claim (attached below).
In accordance with the Law of the Republic of Kazakhstan "On Road Traffic" (hereinafter referred to as the Law), the state registration of a vehicle (hereinafter referred to as TC) is a procedure for admitting a vehicle to participate in road traffic, carried out by an authorized body after checking the compliance of documents with the legislation of the Republic of Kazakhstan, verifying vehicle identification numbers with the issuance of a vehicle registration certificate and assigning a state registration certificate. registration number plate (subparagraph 30) of Article 1). At the same time, the transfer of ownership of TC is regulated by the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), Article 235, according to which the ownership of property owned by the owner may be acquired by another person on the basis of a contract of sale, barter, donation or other transaction.
A judicial act that had previously entered into force established that A.B.R. had won this Car in the lottery in 2010, but they could not start this car and it was taken to the Nissan – A–MOTORS Service Center, located at 243 S... Ave. After that, they contacted us several times, but the car was not fixed, registration was not carried out, and the car has not been picked up since 2010.
The court ignored this fact- the malfunction of the car. Therefore, the defendant was unable to register the car for valid reasons, and the car would not start at the time the defendant received the car. A new battery is required-from abroad.
According to Article 117 of the Civil Code of the Republic of Kazakhstan, non-real estate property, including money and securities, is recognized as movable property. Registration of ownership rights to movable property is not required.
In addition, according to art.188, paragraph 5 of the Civil Code of the Republic of Kazakhstan, the right of ownership is indefinite. The right of ownership to property may be forcibly terminated only on the grounds provided for by this Code.
By virtue of Article 11 of the CPC RK, property is guaranteed by law. Property is inviolable. No one can be deprived of their property, except by a court decision. In this case, the plaintiff, abusing his rights, is trying to unlawfully deprive the defendant, who has been disabled since childhood, of his property.
Since he does not know that neither the law nor the standard of state services "Registration, re-registration of motor vehicles" provides for liability for not registering a car (there is no list of penalties, especially deprivation of ownership of a car).
Thus, after registration and registration of the vehicle by the authorized body, the owners of the vehicle are not issued a document confirming ownership of the vehicle (which is required from the defendant).
In this case, the document confirming the occurrence of ownership is the Act of acceptance and transfer of TMZ No.. dated October 26, 2010, signed by the defendant and an employee of "....." LLP. There is also a receipt for payment of individual income tax from the plaintiff for the car won in the lottery.
In addition, there is a certificate of account dated October 26, 2010 issued in the name of the plaintiff, which is also a title document. Where there is a signature of the defendant, which confirms the receipt of the car.
There is also a certificate from the Tax Administration for the Turksib district of Almaty issued in the name of the defendant A.B., as the owner of the car dated October 29, 2010.
The court's Decisions contain provisions of the law from the Civil Code of the Republic of Kazakhstan that are not relevant to the defendant, since he did not give up the car and the lottery operator's rights, which are also unrelated to the case, to the defendant.
Thus, the court of first instance issued an illegal decision, which is subject to cancellation. Because the Court of First Instance applied the norms of the law, which are not applicable.
Otherwise, the Court should have suspended the trial and appealed to the Constitutional Council of the Republic of Kazakhstan to send them regulations and laws infringing on the constitutional rights of citizens. To cancel them.
In addition, the defendant was not allowed to participate in the court arguments. Contrary to art.427, part 4, paragraph 2, the case was considered by the court in the absence of any of the persons involved in the case who were not properly notified of changes in the time and place of the court session, so this court decision is subject to cancellation.
In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
We also believe that the Plaintiff violates the requirements of good faith, reasonableness and fairness provided for in Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan.
427 of the CPC RK specifically stipulates that the grounds for changing a court decision on appeal are violation or improper application of substantive or procedural law. Also, paragraphs 2 and 1 of this article provide that substantive law norms are considered violated or improperly applied if the court has not applied the law to be applied.
In accordance with Articles 401, 402, 403, 404 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated that an appeal may be filed against court decisions that have not entered into force. The right of appeal against a court decision belongs to the parties and other persons involved in the case, and are considered by the appellate judicial board for civil cases of the regional and equivalent courts in a collegial composition of at least three judges of the board. Appeals are filed through the court that issued the decision. An appeal may be filed within one month from the date of the final decision, and by persons who did not participate in the trial, from the date of sending them a copy of the decision.
Based on the above and guided by paragraph 2, paragraph 1 of art. 427 of the CPC RK,
I ask the Court:
To satisfy the appeal of the Defendant A.B.R. against the decision of the Turksib District Court, Almaty, dated May 31, 2022;
The decision On the Decision of the Turksib District Court, Almaty, dated May 31, 2022, is to be canceled.
With respect,
Representative by proxy:
___________/ Nurlanov N.N.
"___"___________2022 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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