MOTION TO THE COURT TO RESTORE THE LIMITATION PERIOD FOR FILING A CLAIM
To the District Court No. 2 of the Almaly District of Almaty
267 Tole Bi Street,Almaty.
+7 (727) 333-11-60.
Plaintiff: Ia A. Berdirakhmankyzy
IIN: .....
Address: 1480 ...., .....
.....
Representative under Power of Attorney:
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue,Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 727 971 78 58; +7 708 971 78 58.
MOTION
to Restore the Limitation Period
Ia A. Berdirakhmankyzy (hereinafter referred to as the “Plaintiff”) is bringing an action before the court seeking protection of her honor, dignity and business reputation against the defendant, Effective Media Liaisons LLP (hereinafter referred to as the “Defendant”), requesting that the Defendant be ordered to remove all publications specified in the statement of claim. However, the publications specified in the statement of claim, which were published on the tengrinews.kz website owned by the Defendant, are dated from 2015 to 2020.
Accordingly, the Plaintiff submits this motion to the court seeking restoration of the limitation period established by the legislation of the Republic of Kazakhstan for claims against mass media, namely against the Defendant.
Pursuant to Paragraph 6 of Article 38 of the Law of the Republic of Kazakhstan “On Mass Media”, the limitation period for claims related to the dissemination of information damaging the honor, dignity and business reputation of a citizen is one year from the date of publication of such information in the mass media.
The disputed publications on the Defendant’s website are dated from 2015 to 2020. However, the Plaintiff became actually aware of the existence of these publications only in 2023, under circumstances beyond her control that objectively prevented her from exercising timely protection of her violated rights.
From 2021 to 2023, the Plaintiff’s official Instagram account, which was the primary channel of her professional activities, was hacked by unidentified persons. Defamatory information about the Plaintiff was disseminated through the hacked account, and false and insulting materials were published, which had extremely serious consequences for her psycho-emotional condition and professional reputation. While investigating the circumstances of the hacking and attempting to restore access to the account in 2023, the Plaintiff discovered for the first time the Defendant’s publications on Tengrinews.kz containing inaccurate information and unlawfully posted images, which caused her additional stress and shock.
The Plaintiff repeatedly contacted the Defendant in 2023 requesting that the materials be removed, but received no response. Over time, due to the severe psychological condition caused by the hacking of her account, the loss of her primary source of income, defamatory actions by third parties and the lack of support, the Plaintiff remained for an extended period in a state of severe emotional crisis and depression. Only by the end of 2023 was she able to restore access to her account and gradually stabilize her condition.
It was only at the end of 2025, after accumulating sufficient financial resources and recovering her health, that the Plaintiff was able to obtain legal assistance and initiate judicial proceedings to protect her violated rights.
Given that the Plaintiff has been residing in the United States for an extended period and does not possess legal knowledge concerning the limitation periods established by the Law of the Republic of Kazakhstan “On Mass Media,” she objectively could not have known of the requirement to bring an action within one year from the date of publication. Furthermore, the Plaintiff does not possess specialized legal knowledge and was therefore unaware of the existence of the shortened one-year limitation period established by Paragraph 6 of Article 38 of the Law of the Republic of Kazakhstan “On Mass Media.”
Pursuant to Article 185 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the “Civil Code”), in exceptional cases where the court recognizes the reason for missing the limitation period as valid due to circumstances related to the personality of the plaintiff (serious illness, helpless condition, illiteracy, etc.), the violated right of a citizen shall be subject to protection. In judicial practice, circumstances that objectively prevent a person from applying to court in a timely manner and that are beyond the person’s control are recognized as valid reasons.
In the present case, the combination of circumstances — the hacking of the official account, the prolonged dissemination of defamatory information by third parties, the Plaintiff’s severe psycho-emotional condition, the loss of her primary professional tool, lack of access to information, and lack of legal knowledge — demonstrates the existence of valid grounds that prevented the Plaintiff from filing the claim in a timely manner.
The Plaintiff took immediate steps to protect her rights as soon as her condition and the objective circumstances allowed her to do so.
Based on the foregoing, and pursuant to Article 185 of the Civil Code of the Republic of Kazakhstan,
THE PLAINTIFF RESPECTFULLY REQUESTS THE COURT TO:
- Recognize as valid the reasons for the Plaintiff Ia A. Berdirakhmankyzy’s failure to comply with the limitation period;
- Restore the limitation period for bringing claims against Effective Media Liaisons LLP in connection with the dissemination of information concerning the Plaintiff Ia A. Berdirakhmankyzy that does not correspond to reality.
Respectfully,
Representative under Power of Attorney: Kengесbek I.M.
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