Dispute settlement through mediation for compensation of material damage
On April 20, 2018, during a meeting with the local community of Chaikovskoye village, chaired by the akim of Chaikovskoye village, K.S.Kh. (Hereinafter referred to as the Defendant) was selected as a shepherd to graze cows in the private sector. Since 04/21/2018, the defendant began grazing cattle, by oral agreement, the fee for grazing cattle was set at 1400 tenge per head. KAT (Dale Plaintiff) personally paid the money for grazing cows to his wife K.S.H. On May 24, 2018, at about 06:30 a.m., the plaintiff drove his cattle to graze with the defendant. On the evening of the specified day, at 20:30, the plaintiff met his cattle from grazing and discovered that the bull belonging to the plaintiff, aged 1 year 2 months, of a black and mottled color, had not returned from grazing. When the plaintiff asked where the bull was, the defendant said that the bull was left in the bushes in the steppe and he would bring it back tomorrow. In the following days, the defendant did not bring the bull from the pasture, to the plaintiff's questions about the whereabouts of the bull, the defendant replied that he was in the steppe and he would bring him home to the village anyway. This continued until June 6, 2018, the plaintiff lost hope of returning the bull home, so he turned to the Department of Internal Affairs of the city of Zhitikar and the district to take measures against the defendant. The police took away the plaintiff's explanation and recommended that he go to court in a civil case. The plaintiff appealed to the defendant in order to compensate for damages by money or execution in kind, however, the defendant ignored all attempts to negotiate amicably, and therefore the plaintiff was forced to go to court to protect his rights. As a result of improper performance of his duties on cattle grazing, the defendant caused material damage to the plaintiff, according to the price information certificate of the Chamber of Commerce of Kostanay region No. 0122 dated June 15, 2018, according to which the cost of a bull aged 1-2 years is 150,000 tenge.
According to Part 1 of Article 917 of the CPC RK, damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full. The above circumstances are confirmed by a copy of the minutes of the meeting with the local community No. 4 dated 04/20/2018, according to which the defendant K.S.Kh. was chosen as a shepherd to graze cows in the private sector; veterinary passport No. KZ...., according to which K.N. had a black-and-white bull, born in 2017; an information certificate on animal migration, according to which I purchased a bull from Kinzhetaev N.B. with identification number no.KZP158056871; a notification from the Department of Internal Affairs of Zhitikar and the district, an application addressed to the head of the Department of Internal Affairs of Zhitikar and the district, a report from the IPU of the Ministry of Internal Affairs of Zhitikara and the district of K.S.B., my explanation and the explanation of the defendant addressed to head of the Department of Internal Affairs of the city of Zhitikary and the district. Based on the above and guided by Articles 148-149 of the CPC RK, the court was asked to: recover from the defendant K.S.H. in favor of the plaintiff the amount of material damage in the amount of 150,000 tenge; recover from the defendant K.S.H. in favor of the plaintiff, the court costs for the payment of the state fee in the amount of 1,500 tenge, the costs of a representative in the amount of 15,000 tenge, notary services in the amount of 2,646 tenge, travel to Kostanay and back for a price information certificate in the amount of 3,000 tenge, for the payment of a price information certificate in the amount of 5,000 tenge – a total of 27,146 tenge. On August 28, 2018, the Zhitikarinsky District Court of the Kostanay region, consisting of the presiding judge N.A. Burbaeva, secretary of the court session K no.G., with the participation of plaintiff KA.B., representative of plaintiff Nigmetov S.D., defendant KS.X., having considered the application of plaintiff KA.B. for approval of the dispute settlement agreement in In accordance with the procedure of judicial mediation in a civil case on the claim of the KAB to the KSH for damages, the plaintiff To No.A.B. appealed to the court with a claim to K.H. for damages. At the stage of the main trial, a petition was received from the plaintiff for judicial mediation with conciliation procedures by judge N.A. Burbaeva of the Zhitikarinsky District Court, according to the results of the procedures, the parties concluded an agreement. As follows from the content of the agreement dated August 28, 2018, the parties came to the following:
The farm undertakes to reimburse 150,000 (one hundred and fifty thousand) tenge KAB by October 15, 2018 to compensate for the loss of the bull, 2017, veterinary passport number KCR158056871. At the same time, 80,000 (eighty thousand) tenge is reimbursed on the day of the conclusion of the agreement, the remaining 70,000 (seventy thousand) tenge until October 15, 2018.
The plaintiff of the KAB refuses to file a claim.
In case of non-fulfillment of the obligation, the plaintiff reserves the right to apply to the court with a request to issue a writ of execution in respect of the unfulfilled obligation.
At the hearing, the parties confirmed the conclusion of an agreement in the order of judicial mediation on the above conditions. The consequences of the termination of proceedings on the claim provided for in Articles 277-278 of the CPC RK have been explained to the parties. The terms of the agreement in the order of judicial mediation do not contradict the law, do not infringe on anyone's rights and legitimate interests, and the agreement in the order of judicial mediation can be approved by the court, and the proceedings on the claim are terminated in accordance with paragraph 6 of art.277 of the CPC RK. In accordance with paragraphs 1-2, paragraph 1 of art. 548 of the Tax Code of the Republic of Kazakhstan, the court considers it necessary to refund to the plaintiff the state fee in the amount of 1500 tenge.
Based on the above, guided by Articles 179, 277, paragraphs 6, 278, 268 of the CPC RK, the judge DETERMINED: To approve the agreement on the settlement of the dispute (conflict) reached by the parties to mediation – plaintiff KAB, his representative Nigmetov Sabit Davletovich and KSKH during the conduct of conciliation procedures by judge N.A. Burbaeva of the Zhitikarinsky District Court on the following conditions:
The farm undertakes to reimburse 150,000 (one hundred and fifty thousand) tenge KAB by October 15, 2018 to compensate for the loss of the bull, 2017, veterinary passport number KCR158056871. At the same time, 80,000 (eighty thousand) tenge is reimbursed on the day of the conclusion of the agreement, the remaining 70,000 (seventy thousand) tenge until October 15, 2018.
The plaintiff of the KAB refuses to file a claim.
In case of non-fulfillment of the obligation, the plaintiff reserves the right to apply to the court with a request to issue a writ of execution in respect of the unfulfilled obligation.
To terminate the proceedings in the case. Explain to the parties that in case of termination of the proceedings, a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds is not allowed. To return to the plaintiff the state fee in the amount of 1,500 (one thousand five hundred) tenge.
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