Complaint against the decision of the district court on compensation for material damage
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To the Judicial Board for Civil Cases of the Kostanay Regional Court
from J.M.R. IIN. address: g. Gitikara, mkr., 28 sq. m...
Representative: Sabit Davletovich Nigmetov IIN 820125350700
address: g. Gitikara, mkr. 4, 21, sq. 24, cell. tel. 87752667988
e-mail: hca6ut82@gmail.com
Complaint against the decision of the Zhitikarinsky District Court of Kostanay region
On 06/14/2021, by the decision of the Zhitikarinsky District Court of Kostanay region on 06/14/2021, I was denied claims for compensation for material damage caused by unlawful criminal prosecution in the amount of 150,000 tenge and compensation for moral damage in the amount of 500,000 tenge. I believe that this decision is unjustified and is subject to cancellation, as the court misinterpreted the law on the following grounds. On the claim for compensation for material damage caused by unlawful criminal prosecution in the amount of 150,000 tenge: The Court applied paragraph 6 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 10 dated June 29, 2018 "On recovery of procedural costs in criminal cases", according to which in cases of private prosecution, if the defendant is acquitted, the court has the right to recover procedural costs the costs are fully or partially borne by the person on whose complaint proceedings were initiated and part 9 of Article 178 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC). According to Article 177 of the Criminal Procedure Code of the Republic of Kazakhstan, "Procedural costs consist of: 5) the amounts paid for the provision of legal assistance by the defender in the event of the release of the suspect, the accused or the defendant from its payment or the participation of the lawyer in the inquiry, preliminary investigation or trial by appointment." There are no other grounds for recognizing the costs of providing legal assistance as procedural costs in the CPC of the Republic of Kazakhstan. I applied to the court for compensation for material damage, since I incurred the costs of paying for the lawyer's assistance by agreement, and not by appointment, the court did not exempt me from paying for the lawyer's legal assistance.
Consequently, the norms of Articles 177-178 of the Criminal Procedure Code of the Republic of Kazakhstan cannot be applied in this civil case. Upon request for compensation for moral damage in the amount of 500,000 tenge: According to Part 3 of Article 76 of the Civil Procedure Code of the Republic of Kazakhstan, "A court verdict in a criminal case that recognizes the right to satisfy a claim is mandatory for a court considering a case on the civil consequences of the acts of the person against whom the verdict took place. courts. A court verdict that has entered into legal force is binding on the court considering such a civil case, also on the issues of whether these acts took place and whether they were committed by this person, as well as on other circumstances established by the verdict and their legal assessment." According to the verdict of the Zhitikarinsky district Court of Kostanay region, it was established that: "According to the screenshots provided by the private prosecutor himself, the first obscenity was written by T.K.N. herself"; "Also, according to the court, if there was a conversation between the witness T.L.P. and J.M.R., then the private prosecutor provided only part of the voice message, which, in the court's opinion, is unacceptable, since this circumstance infringed on the rights of the defendant, who explained that she was first called by the mother of the private prosecutor, T.L.P., and used obscene language, which T.L.P. deleted, which I provoked her behavior. In this part, the testimony of J.M.R. has not been refuted"; "During the consideration of the case, the private prosecutor, in response to numerous questions from the court, could not specify what actions, what humiliation of honor and dignity took place."; "Also, the defendant's arguments that her behavior was provoked by T.K.N. and T.L.P. have not been refuted." These circumstances, established by the court verdict that entered into force, confirm the fact of abuse of law on the part of the defendant. Moreover, the defendant T.K.N. at the hearing in the civil case, she explained that she has a law degree, which indicates that she could not fail to understand the meaning and consequences of her actions by deleting part of the correspondence and voice messages when filing a private complaint with the court, thereby preventing the court from making a correct decision on the case and making the court take an accusatory bias when considering a private complaint. The court's decision also concluded that the defendant was mistaken in good faith when filing a private complaint, which I consider unfounded, since the court refers to my testimony and the testimony of a witness, which does not mention this. The defendant never referred to his bona fide error during the trial, nor did he use this argument either in the response to the claim or in court arguments. I believe that the fact of abuse of the right is because It was not only proved during the trial in a criminal case and established by a court verdict, but was also recognized by the defendant's position, who did not deny the fact of causing moral harm, in his response to the claim and in court arguments did not ask the court to dismiss the claim, but only asked to make a fair decision and proportionately reduce the claims.
Complaint against the decision of the district court on compensation for material damage
Based on the above, I ask: - to cancel the decision of the Zhitikarinsky District Court of Kostanay region dated June 14, 2021. To make a new decision on the satisfaction of my claims: - to recover from the defendant T.K.N. in my favor the amount of material damage for paid legal assistance in the amount of 150,000 tenge; - to recover from the defendant T.K.N. in my favor the amount of compensation for moral damage in the amount of 500,000 tenge; - to recover from the defendant T.K.N. in my favor, the amount of legal costs incurred for the payment of state duty in the amount of 2,959 tenge, the cost of paying for the services of Kazpost JSC in the amount of 580 tenge, a total of 3,539 tenge, for drafting a claim in the amount of 5,000 tenge, for drafting a statement of claim in the amount of 10,000 tenge, for paying for the services of a representative in the amount of 50,000 tenge. Appendix: a copy of the verdict.
06/18/2021. ZHM.R. representative S.D. Nigmetov
paragraph 23 of Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan - 23) the bodies (officials) of criminal prosecution are the prosecutor (public prosecutor), investigator, body of inquiry, inquirer; The private prosecutor is not a body of criminal prosecution, therefore, the issue of compensation for property damage cannot be considered in accordance with the criminal procedure legislation.
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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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