Application form for the claim of documents through the court

 

To the Bostandyk District Court of Almaty

Republic of Kazakhstan, Almaty,

Orbita 2nd microdistrict, D..

The plaintiff: ……………

IIN .................

Residence: : Almaty, ul......, d.. ., sq......

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002, Zhibek Zholy ave.,

50, office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

Defendant: LLP "......"

Director Ms........

BEAN: ........

Actual address: Almaty, Bostandyksky

area of the street ....., d.. ., sq. ......

Legal address Bostandyksky

                                                 district, street ....., ...., sq.m....

phone: 8 701 ..............

STATEMENT OF CLAIM

about requesting documents

          "07" June 201.. A Statement of the following nature was sent to the address of LLP "....." to the Director of the partnership, Ms. ....., located at Almaty, ul...., d..., sq. ..... Following the decision of the general meeting of LLP "......" he is the management company of the house ..., located on the street ......, Almaty and has been elected as a service provider who is engaged in the maintenance of communal property. According to article 31. The Law on Housing Relations  In residential buildings owned by two or more owners of premises (apartments), a condominium is formed and each of the owners of the premises (apartments) has the right, at his discretion, to own, use and dispose of the premises belonging to him on the right of individual (separate) ownership.

The common property of the condominium object belongs to the owners of the premises (apartments) on the right of common shared ownership. Also according to Article 42-1. According to the Law on Housing, the owners of premises (apartments) have the right to consult the initiators of the meeting with the materials necessary for decision-making. To date, we are interested in obtaining title documents from the management company "......" LLP. Based on the above and guided by the Law of the Republic of Kazakhstan On Housing Relations, we asked the management of the partnership:

To issue the minutes of the general meeting of the owners of the premises (apartments) and/or voting sheets when conducting a written survey to select the management company of the house;

To issue all decisions previously adopted by the general meeting of owners of premises (apartments);

To issue the concluded contracts with the subjects of service activity;

Issue a management agreement for the condominium facility approved by the authorized body.

Issue an approved cost estimate for major repairs of the common property of the condominium facility.

Provide a list with contacts of the initiative group from among the residents of the house;

Issue a report on the management of the condominium facility, which is submitted individually to the owner of the premises (apartment) in writing or in the form of an electronic document every quarter.;

To issue the Charter of the management company "......." LLP;

All the above documents should be issued on purpose in order to save time.;

Also, according to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.

Application form for the claim of documents through the court

This letter was received by "......" LLP on June 29, 201, according to Kazpost JSC.. the accountant of the companies, Ms. ......, after 15 calendar days, we made repeated calls to the partnership regarding the requested documents, however, the partnership's employees are engaged in delaying time in all ways, besides they did not even give an interim answer, as there are recordings of telephone conversations and Whatsapp correspondence of which if necessary, we can provide. According to article 8. The terms of consideration of the appeal of the Law On the Procedure for Considering Appeals from Individuals and Legal Entities are specified:

An appeal from an individual and (or) a legal entity, the consideration of which does not require obtaining information from other subjects, officials or on-site verification, is considered within fifteen calendar days from the date of receipt by the subject, official.

An appeal from an individual and (or) a legal entity, which requires receiving information from other entities, officials or an on-site inspection, is considered and a decision is made on it within thirty calendar days from the date of receipt by the entity, official.

In cases where additional examination or verification is necessary, the review period is extended by no more than thirty calendar days, which is notified to the applicant within three calendar days from the date of the extension of the review period.

The term of consideration of the appeal is extended by the head of the subject or his deputy.

If the resolution of the issues set out in the appeal requires a long period of time, the appeal is placed under additional control until its final execution, which is reported to the applicant within three calendar days from the date of the decision.

The laws of the Republic of Kazakhstan may establish other deadlines for consideration of appeals.

However, according to the norms of this article, the partnership did not deign to respond or extend the review period. According to paragraph 1 of Article 10 of the Law on Appeals, responses to appeals must be well-founded and motivated in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, explaining their right to appeal the decision. In accordance with article 17 of the Law on Appeals, violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the legislation of the Republic of Kazakhstan. According to the first part of Article 189 of the Administrative Code of the Republic of Kazakhstan, violation by a business entity of the procedure and deadlines for consideration of appeals from individuals and legal entities established by the legislation of the Republic of Kazakhstan on the procedure for consideration of appeals from individuals and legal entities entails a fine on legal entities in the amount of thirty monthly calculation indices.

Application form for the claim of documents through the court

In accordance with paragraph 1 of Article 805 of the Administrative Code of the Republic of Kazakhstan, the prosecutor issues, among other things, a resolution on the initiation of an administrative offense case provided for in part one of Article 189 of the Administrative Code of the Republic of Kazakhstan. In this regard, due to the facts of violations of the requirements of the Law on Appeals and sufficiency to initiate an administrative offense case for late provision/failure to provide a reasoned response to our appeal, we sent an Application to the Prosecutor's Office of Almaty. However, TOO "..........", We do not intend to provide the requested documents On the grounds of the above and, guided by the Laws of the Republic of Kazakhstan, By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to protect their violated or disputed rights, freedoms or legally protected interests.

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. 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, guided by Articles 4, 13 of the Constitution of the Republic of Kazakhstan, 148-150 of the CPC RK,  

I ASK THE COURT:

Claim from an LLP "........" The following documents are listed,

Copies of the minutes of the general meeting of owners of premises (apartments) and/or voting sheets when conducting a written survey to select the management company of the house;

Copies of all decisions previously taken by the general meeting of owners of premises (apartments);

Copies of concluded contracts with service providers;

Copies of the condominium facility management agreement approved by the authorized body.

Copies of the approved cost estimates for major repairs of the common property of the condominium facility.

Copies of the list with contacts of the initiative group from among the residents of the house;

Copies of the report on the management of the condominium facility, which is submitted individually to the owner of the premises (apartment) in writing or in the form of an electronic document every quarter.;

A copy of the Charter of the management company "......." LLP;

Sincerely, Proxy Representative: _______________/ Sarzhanov Galymzhan Turlybekovich "___"____________201... G.

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases