APPEAL against the decision of the Specialized Interdistrict Economic Court
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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: LLP “....” represented by J. A.E. IIN ... Almaty, N... district,
mkr. Kalkaman-2, K... str., 19.
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 57 58; +7 708 971 57 58.
THE APPEAL
on the decision of the Specialized Interdistrict Economic Court of Almaty dated December 27, 2021
On December 27, 2021, the Specialized Interdistrict Economic Court of Almaty, Judge Nurbekov A.B., having considered the civil case No. 7527-21-00-2/10331 on the claim of an individual entrepreneur "..." against a limited liability partnership "..." represented by J.A.E., on debt collection, the Court decided - to satisfy the claim of the Sole proprietor "..." in full. We disagree with the arguments stated in the court's decision. We consider the decision of the court of first instance to be illegal, unjustified and subject to cancellation on the following grounds: Dear Board of Appeal, the fact is that the Specialized Interdistrict Economic Court of Almaty did not take into account the fact that, despite the difficulties in the supply of goods that arose on the border of China, the Defendant has always offered and is offering the Plaintiff to resolve the dispute by peaceful agreement. They also asked the Specialized Inter-District Economic Court of Almaty to assist the parties in concluding a peace agreement and provide the Defendant with a preferential schedule for fulfilling obligations. However, we have not received any schedule. And the goals of mediation are: 1) achieving a dispute resolution option (conflict) that suits both sides of mediation; 2) reducing the level of conflict between the parties (art. 3 of the Law of the Republic of Kazakhstan "On Mediation"). Being a decent and responsible person, the Defendant never refuses to fulfill his obligations under the contract by the Plaintiff, and the Defendant has offered and is offering the Plaintiff to undertake a constructive dialogue to resolve the situation. So the Defendant intends to take all measures for a peaceful settlement of the case today, and the Plaintiff proposes to take counter measures for a peaceful settlement of the circumstances, since the global crisis has occurred due to the global pandemic, the Defendant's income has fallen, however, they take time. Thus, the Defendant's representative asked the Specialized Interdistrict Economic Court of Almaty to assist the parties in concluding a peace agreement that suits both sides and to provide the Defendant with a preferential schedule for fulfilling obligations. However, we have not received any schedule.
APPEAL against the decision of the Specialized Interdistrict Economic Court
Accordingly, we offer the Plaintiff the following options for resolving the dispute:
Give a 9-month installment plan for a monthly payment of 500,000 tenge.
However, the Plaintiff's side made it clear to us that without providing a guarantor or without concluding a pledge agreement, dispute resolution through mediation would not be considered. The Court did not take into account that measures for enforcement proceedings would complicate the Defendant's activities, whereas the Defendant's activities fall on the list of those particularly affected by the global pandemic. Accordingly, the initiation of enforcement proceedings will complicate the financial situation of the Respondent company.
APPEAL against the decision of the Specialized Interdistrict Economic Court
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for 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 choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. According to Article 427 of the CPC, the grounds for revoking or changing a court decision on appeal are: incorrect determination and clarification of the range of circumstances relevant to the case.; failure to prove the circumstances established by the court of first instance that are relevant to the case; inconsistency of the conclusions of the court of first instance set out in the decision with the circumstances of the case; violation or improper application of substantive or procedural law, as well as substantive law norms, are considered violated or incorrectly applied if the court: did not apply the law to be applied; applied the law, did not applicable; misinterpreted the law.
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. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by Articles 401, 402, 403, 404 of the CPC RK,
I ask the Court:
To satisfy the appeal of the Defendant LLP “...” against the decision of the Specialized Interdistrict Economic Court of Almaty dated December 27, 2021;
The decision of the Specialized Interdistrict Economic Court of Almaty dated December 27, 2021 – to cancel;
Assist the parties in concluding a mediation agreement and approve mediation.
Sincerely, Representative by Proxy Lawyer: ___________/Sarzhanov G.T.
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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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