Appeal against the Decision of the interdistrict court
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To the Appeals Board for Civil Cases of the Almaty
the regional court of Taldykorgan, ul. _________________. 8 ___________________
from the Defendant: _______________________ IIN: _______________________.
Almaty region,
Balkhash district, Kuigan village, Kim St., 20. +7 (777) 777 809 58 63.
The plaintiff: _______________________ IIN _______________________. Almaty
the region, Balkhash district, _______________________. +7 ___________________
THE APPEAL
to the Decision of the Specialized Inter-district Juvenile Court No. 2 of the Almaty region dated May __ 20__
Appeal against the Decision of the interdistrict court __ May 20__ Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, a civil case was considered for №_______________________, as part of the presiding judge _______________________, at the secretary of the court session _______________________, with the participation of a representative of the guardianship and guardianship authority _______________________, The plaintiff _______________________., having considered a civil case in a closed court session using audio-video recordingAbout the Lawsuit _______________________., (hereinafter referred to as the Plaintiff) to _______________________., ( further, the Defendant) on the Establishment of paternity, the Court decided: The claim _______________________ to the Guardianship and Guardianship Authority of the Balkhash district of the Almaty region and _______________________ to satisfy about the establishment of paternity. Establish paternity _______________________, regarding - _______________________, __ October 20__ of the year births. Make changes to the registration record for № _______________________, about the birth _______________________, from __ October 20__ of the year. Dear Board of Appeal, we consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds: In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, adversarial and equal rights of the parties are provided for, and civil proceedings are conducted on the basis of adversarial and equal rights of the parties. The parties involved in the civil procedure are endowed by this Code with equal opportunities to defend their position. In the course of civil proceedings, the parties choose their position, ways and means of defending it independently and independently of the court and other persons involved in the case.
Appeal against the Decision of the interdistrict court
The court, while maintaining objectivity and impartiality, manages the process and creates the necessary conditions for the parties to exercise their procedural rights to a full and objective investigation of the circumstances of the case. The court explains to the persons participating in the case their rights and obligations, warns about the consequences of committing or not completing procedural actions, clarifies their legal positions and arguments, discusses with them the circumstances of the case and, in cases provided for by this Code, assists them in exercising their rights. The court bases its decision only on those evidences, the participation in the study of which was provided to each party on an equal basis. - However, in violation of the specified norms of the procedural code, the judge, without ensuring the adversarial nature and equality of the parties, conducted the trial without the participation of the Defendant and ruled in favor of the Plaintiff. Article 68 of the Code stipulates that each piece of evidence is subject to assessment, taking into account its relevance, admissibility, and reliability, and that all the evidence collected together is sufficient to resolve a civil case. The circumstances are considered established if one party does not dispute and recognizes the evidence presented by the other party, or the contesting of evidence does not directly follow from the defendant's objection or the plaintiff's objection to the defendant's arguments - The absence from the trial did not allow the Defendant to provide his objections and arguments in this process, since the court did not send the appropriate notice of the hearing. Accordingly, the court, in accordance with Article 16 of this Code, having assessed the evidence according to its internal conviction, decided in favor of the Plaintiff.
Thus, the Defendant was deprived of an Explanation about the circumstances known to them, relevant to the case, which are subject to verification and evaluation along with other evidence collected in the case in accordance with art. 79. CPC RK. Article 127. The CPC stipulates Court Notices and summonses, where it is stipulated that the persons involved in the case, their representatives, are notified of the time and place of the court session or the commission of a separate procedural action and are subpoenaed and may be notified or summoned by sending a notice to an e-mail address or a cellular subscriber number, as well as with using other means of communication that ensure the recording of the notification or call. – However, the Defendant's party has not received any notification, notification and/or summons, whereas notices and summonses must be sent no later than the next day from the date of the ruling on the preparation of the case for trial or from the date of the appointment of the trial date in such a way that the notified or summoned person has sufficient time to appear in court on time. and preparing for the case.
In accordance with the provisions of Article 172 of the CPC RK, the Court sets a deadline for written submission
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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