Intentional infliction of minor harm to health | Infliction of bodily injury | Administrative offense | Compensation for moral damage and recovery of losses

The Zhitikarinsky district Court of the Kostanay region, chaired by Judge Akhmedova A.K. with the secretary of the court session Murzagulova M.Zh. the person against whom the administrative offense case was initiated, V.V. In the victim, K.Yu.N., the victim's representative, lawyer Nigmatov S.D. having considered in open court in Russian the case of an administrative offense in relation to: BBB in the commission of an administrative offense under part 1 of Article 73-1 of the Code of the Republic of Kazakhstan "On Administrative Offenses" (hereinafter referred to as the Code of Administrative Offenses), on June 28, 2022, at about 17-00 hours, V.V. While at the address: 19 Sh.Street, Zhitikara, during the conflict, K.Y.N. inflicted bodily injuries, thereby by her actions, she caused minor harm to her health. During the court session, V.V. pleaded guilty. The conflict had been brewing for a long time because of the children, but on this day it happened by accident. During the quarrel, she pushed her away, and later kicked her. K.Y.N. explained to the court that when leaving the store, V.V. provoked a conflict, pushed her in the back, then pushed her away, which fell to the ground. When she got up, she defended herself, but got hit, and later kicked. She does not agree to reconciliation, she asks for punishment. After listening to V.V.V., the victim and her representative, examining and evaluating the materials of the administrative proceedings, the court comes to the following conclusions. According to the conclusion of the expert of the forensic medical examination No. 264 dated June 29, 2022, K.Y.N. was found to have bodily injuries that caused minor harm to health. Intentional infliction of minor harm to health, resulting in a short-term health disorder, constitutes an administrative offense provided for in part 1 of Article 73-1 of the Criminal Code of the Kyrgyz Republic. The fact of committing an administrative offense and guilt is proved by the materials of the administrative case: the protocol on the administrative offense, written explanations, the expert opinion, the testimony of V.V.V., who did not dispute the fact that there had been a conflict with the victim and she had struck, the video and other case materials. The court, when imposing an administrative penalty on circumstances mitigating the responsibility of the offender, recognizes remorse, aggravating responsibility is not considered. When determining the measure of administrative punishment, the court takes into account the circumstances of the case, the nature and degree of public danger of the intentional offense committed, remorse, the court considers it appropriate, with an alternative sanction, to impose a less severe administrative penalty in the form of an administrative fine in the amount of 15 monthly calculation indices equal to 45945 tenge. At the request of the victim's representative to establish special requirements for V.V.V.'s behavior, in accordance with the requirements of Article 54 of the Administrative Code of the Republic of Kazakhstan, since the latter is prone to violation, the court considers that it should be left without satisfaction, since there are not sufficient grounds for establishing special requirements for V. V.V.'s behavior. Based on the above, guided by Article 829-14 of the Code of the Republic of Kazakhstan "On Administrative Offenses", the court DECIDED: To find BBB guilty under part 1 of Article 73-1 of the Code of the Republic of Kazakhstan "On Administrative Offenses" and impose an administrative penalty on him, in the form of an administrative fine in the amount of 45,945 (forty-five thousand nine hundred forty-five) tenge in income states. An administrative fine must be paid voluntarily by a person brought to administrative responsibility no later than thirty days from the date of entry into force of the resolution.

Intentional infliction of minor harm to health | Infliction of bodily injury | Administrative offense | Compensation for moral damage and recovery of losses

           Subsequently, the victim filed a Claim with the court for compensation for moral damage and recovery of damages, thus, on June 28, 2022, at about 17:00, while at the address: Gitikara, Sh...., 19, the Defendant struck the Plaintiff with her hand and foot on various parts of the body, which caused the Plaintiff to have a hematoma and an abrasion. in the area of the right elbow, an abrasion on the right knee, a hematoma on the inside of the right thigh, as well as swelling on the left neck, which, according to the conclusion of the expert of the forensic medical examination No. 264 dated June 29, 2022, caused minor harm to health. Thus, the defendant caused the Plaintiff physical pain and suffering, which, in accordance with art. 951 of the Civil Code of the Republic of Kazakhstan, constitute moral harm. For the bodily injuries inflicted on the Plaintiff, V.V.V. was found guilty of committing an administrative offense under Part 1 of Article 73-1 of the Code of the Republic of Kazakhstan "On Administrative Offenses" by the decision of the Zhitikarinsky District Court of Kostanay region dated July 14, 2022, and an administrative penalty in the form of an administrative fine was imposed on her. The said court ruling entered into force on July 29, 2022. In accordance with Part 2 of Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral damage is compensated by the causer in the presence of the causer's fault, except for the cases provided for in paragraph 3 of this Article." The defendant's guilt in causing moral harm to me has been proven by a court order that has entered into legal force. According to Part 1 of Article 952 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated in monetary form. We believe that sufficient compensation for the moral damage caused to the Plaintiff is a sum of 100,000 tenge, which is subject to recovery from the defendant. During the proceedings in the administrative case against the defendant, the Plaintiff also incurred expenses for legal assistance from a lawyer representing the victim in the amount of 50,000 tenge, which are recoverable from the defendant as damages, since the Code of the Republic of Kazakhstan "On Administrative Offenses" does not provide for reimbursement of expenses for the assistance of a representative, at the same time The participation of a representative in an administrative case is confirmed by a notice of representation and is indicated in the court order. The specified amount of expenses is confirmed by the legal aid agreement and the receipt.

The plaintiff also paid a state fee in the amount of 2,032 tenge for consideration of the statement of claim, which are also subject to collection from the defendant. Based on the above, the court was asked to: - recover from V.V.V. in favor of the Plaintiff the amount of compensation for moral damage in the amount of 100,000 tenge; - recover from V.V.V. in favor of the Plaintiff damages in the amount of 50,000 tenge; - recover from V.V.V. court costs for the payment of the state fee in the amount of 2,032 tenge. On September 19, 2022, the judge of the Zhitikarinsky District Court of the Kostanay region, A.H. Zhurunova, considered the civil case against K.Yu.N. to the BBB on the recovery of moral damage and losses. In accordance with article 174 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court takes measures to reconcile the parties and assist them in resolving the dispute at all stages of the process. During the preparation of the case for trial, the parties resolved the conflict by concluding an agreement on the settlement of the dispute through judicial mediation dated September 19, 2022, submitting its terms to the court for approval. In accordance with Article 48 of the CPC, the parties have the right to end the case with an agreement on the settlement of a dispute (conflict) through mediation, according to the rules provided for in Articles 174-180 of the CPC. The parties confirmed that there are no circumstances that force them to conclude a mediation agreement on unfavorable terms. An agreement concluded through judicial mediation is subject to voluntary execution in the manner and within the time limits specified by this agreement. By virtue of subparagraph 6 of Article 277 of the CPC, the court terminates the proceedings if the parties have concluded an agreement on the settlement of the dispute (conflict) through mediation and it is approved by the court. Prior to the approval of the mediation agreement, the legal consequences of the procedural actions set out in Article 278 of the CPC were explained to the parties. Taking into account that the mediation agreement concluded by the parties does not contradict the current legislation of the Republic of Kazakhstan, and does not violate the rights, freedoms, and legitimate interests of the parties and third parties, the court finds it possible to approve it and terminate the proceedings in this civil case. In accordance with paragraph 3 of Article 278 of the CPC, paragraph 5 of Article 27 of the Law of the Republic of Kazakhstan "On Mediation", Article 108 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget", the state fee is subject to refund. Based on the above, guided by Articles 48, 277, paragraph 6, 268-269 of the CPC, the court O R E D E L I L : Approve the agreement on the settlement of the dispute through mediation concluded between the parties in a civil case on the claim of K.Yu.N. to BBB for the recovery of moral damage and damages, according to which: 1) The defendant V.V.V. recognizes the amount of claims in the amount of 150,000 (one hundred and fifty thousand) tenge and undertakes to pay by February 25, 2023 by transferring funds to the plaintiff according to the following schedule: October 25, 2022 – 30,000 tenge; November 25, 2022 – 30,000 tenge; December 25, 2022 – 30,000 tenge; January 25, 2023 – 30,000 tenge; February 25, 2023 – 30,000 tenge. 2) The plaintiff K.Yu.N. waives the claims against the defendant V.V.V. for recovery of moral damage and losses.

In the event of a delay in the next payment according to the terms of the mediation agreement by the defendant, the plaintiff applies to the court with a request to issue a writ of execution for the enforcement of the court's ruling for the entire amount of the remaining debt. To terminate the proceedings in connection with the settlement of the dispute through mediation. 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 K.Y.N. from the budget the paid state fee in the amount of 2,032 (two thousand thirty-two) tenge.

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