Appeal against a judicial act - for the protection of honor and dignity and recovery of moral damage
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To the Board of Appeal for Civil Cases of the Almaty City Court of Almaty,
050000, street Kazybek Bi, 66. 0201@sud.kz From xxxxxxxxxx IIN: xxxxxxxx
Almaty, md. Koktem-3 xxxxxx +7 705 xxxxxxxx
From Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 978 5755; +7 708 578 5758
Plaintiff: xxxxxxxxxx and IIN xxxxxxxx city of Almaty, Auezovsky district xxxxxxxx +7 777 xxxxxx, +7 701 xxxxxxxx
THE APPEAL
on the decision of the Bostandyk District Court of Almaty dated April 21, 2021
On April 21, 2021, the Bostandyk District Court of Almaty, represented by Judge Tursymbaeva R.A., considered in open court civil case No. 7514-21-00-2/22 on the claim of xxxxxxxxxxxx (hereinafter the Plaintiff) to the Defendant xxxxxxxxxxxxxx (Hereinafter the Defendant) on the following issues:
on the recognition of information as untrue, discrediting honor, dignity and business reputation in the appeal dated October 19, 2020;
on the assignment of the obligation to refute information;
on the recognition of information as untrue, discrediting honor, dignity and business reputation in the appeal dated October 22, 2020;
on the assignment of the obligation to refute information;
on the recovery of moral damage.
The court, after listening to the opinion of the parties and examining the evidence provided, decided:
The statement of claim xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
To recognize the Defendant's texts as discrediting the Plaintiff's business reputation.
To oblige the Defendant to refute the above false information discrediting the Plaintiff's business reputation.
To recover from the Defendant in favor of the Plaintiff moral damage in the amount of 100,000 tenge.
To collect from the defendant in favor of the Plaintiff the legal costs of paying the state duty in the amount of 15 556 tenge, the costs of paying for the services of a specialist in the amount of 140 000 tenge.
To dismiss the rest of the claim.
The defendant and his representative disagree with the arguments stated in the decision of the Bostandyk District Court of April 21, 2021 in a civil case on the recognition of information as untrue, discrediting honor, dignity and business reputation.
An appeal against a judicial act - for the protection of honor and dignity and the recovery of moral damage
According to Article 224 of the CPC, the court's decision must be lawful and justified. Therefore, we consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds: A decision is lawful when it is made in compliance with the norms of procedural law and in full compliance with the norms of substantive law applicable to this legal relationship, or is based on the application, if necessary, of a law regulating a similar relationship, or It proceeds from the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness of Articles 5 of the Civil Code and Article 6 of the CPC RK. It follows from the court's Decision that the court's decision is based on the Defendant's appeals to the general chat "Experts" on the Project of JSC "FPC" - on "BQ". Thus: - On October 19, 2020, for outgoing No. 55 addressed to the Chairman of the Board E. Yeszhanov, Chairman of the Expert Council K. Abdullaev, the participants of the Project of JSC "FPC" - BY "BQ" in the chat "Experts" received an e-mail message on behalf of the curator of the Project "JSC "FPC" - BY "BQ", Deputy Chairman of the Expert Council A xxxxxxxx "About systemic, gross violations by the expert evaluator V.xxxxxxxx during the execution of the Project." - On October 22, 2020, in the Experts chat by e-mail under the heading "To the Members of the ES, the Project participant", the defendant outlined information to the members of the Expert Council, the project participants, that the plaintiff "continues to freak out, invented a legend, a businessman from the evaluation, etc."
Based on these appeals, the court decided to partially satisfy the claim, ignoring Article 143 of the Civil Code of the Republic of Kazakhstan, which stipulates that a citizen has the right to demand in court a refutation of information discrediting his honor, dignity, if information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media. In the Normative resolutions of the Supreme Court of the Republic of Kazakhstan dated December 18, 1992, No. 6. "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" in paragraph 1. It is stipulated that the dissemination of information discrediting the honor and dignity of a citizen or organization means publishing them in the press, broadcasting on radio, television, using other media, presenting characteristics, public statements, statements addressed to various organizations, officials, or other communication, including oral communication, to several persons or at least one person.
An appeal against a judicial act - for the protection of honor and dignity and the recovery of moral damage
Discrediting the honor and dignity of a citizen are such inappropriate actions
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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