MOTION FOR IMMEDIATE ENFORCEMENT OF THE COURT JUDGMENT IN THE PART CONCERNING REINSTATEMENT AS A STUDENT

To:The Interdistrict Court for Civil Cases of AstanaJudge A.S. Shaimerdenova

6, Geidar Aliyev Street,Astana, 010000,Republic of Kazakhstan

Plaintiff: S.T.K.

IIN: ..

Representative under Power of Attorney:

Advocacy Office “Zan zhane Kұқyқ”

BIN 201240021767

Office 304, 79/71 Abylai Khan Avenue,Almaly District,

 Almaty 050002,Republic of Kazakhstan

info@zakonpravo.kzwww.zakonpravo.kz

Tel.: +7 708 971 78 58 / +7 727 971 78 58

MOTION

FOR IMMEDIATE ENFORCEMENT OF THE COURT JUDGMENT IN THE PART CONCERNING REINSTATEMENT AS A STUDENT

On 24 July 2026, the Interdistrict Court for Civil Cases of Astana rendered a judgment in civil case No. 7142-26-00-2/14529, whereby the claim was granted in full, Order No. 489-с/жс of the Chairperson of the Management Board of the Non-Profit Joint-Stock Company “Astana Medical University” dated 15 April 2025 was declared unlawful and annulled, and S.T.K. was reinstated as a student of the School of Medicine of the Non-Profit Joint-Stock Company “Astana Medical University”.

At present, the new 2026–2027 academic year has commenced, and only a limited period remains before the completion of student admissions. During this period, the University is carrying out procedures related to student enrollment, formation of academic groups, registration for academic courses, approval of individual study plans, and organization of the educational process.

If the court judgment is not enforced before it becomes legally effective, the Plaintiff risks missing the new academic year. As a result, the Plaintiff will be unable to participate in the educational process in a timely manner, will lose the opportunity to register for academic courses, academic discrepancies may arise, and the Plaintiff may be unable to attend clinical and practical classes. Such consequences cannot be fully remedied even after the judgment enters into legal force and would prevent the Plaintiff's violated rights from being fully restored.

Pursuant to Article 33 of the Constitution of the Republic of Kazakhstan, everyone has the right to education. Maintaining the consequences of an order that has been declared unlawful by the court until the completion of the appellate proceedings would, in practice, result in a further restriction of the Plaintiff's constitutional right to education.

Article 243 of the Civil Procedure Code of the Republic of Kazakhstan provides that court judgments concerning reinstatement at work are subject to immediate enforcement. This provision is aimed at preventing the prolonged restriction of a person's constitutional rights in cases of this nature.

A situation of a similar legal nature exists in the present case concerning the Plaintiff's reinstatement as a student. Just as the right to work must be continuously protected, the right to education is likewise one of the constitutional rights that must be capable of being exercised continuously.

At the same time, temporarily allowing the Plaintiff to participate in the educational process would not cause irreparable harm to the rights or legitimate interests of the Defendant. On the contrary, postponement of enforcement of the judgment would cause the Plaintiff substantial and irreparable harm.

In view of the foregoing, taking into account the exceptional circumstances of the case, the importance of the Plaintiff's right to education, the commencement of the new academic year, and the fact that postponement of enforcement of the court judgment would prevent the Plaintiff's rights from being fully restored, the Court is respectfully requested to order immediate enforcement of the judgment insofar as it concerns the Plaintiff's reinstatement as a student.

In view of the foregoing, THE COURT IS RESPECTFULLY REQUESTED TO:

• order immediate enforcement of the judgment of the Interdistrict Court for Civil Cases of Astana dated 24 July 2026 insofar as it concerns the reinstatement of S.T.K. as a student of the School of Medicine of the Non-Profit Joint-Stock Company “Astana Medical University”;
• issue an appropriate ruling on this matter.

RESPECTFULLY REQUESTED.

Respectfully,

Representative under Power of Attorney:I.M. Kenesbek

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