No one can change the criminal record provided for by law on the criminal record of disputes without his consent
The plaintiff zh. appealed to the court with a claim for the cancellation of the contract of sale of a share in the authorized capital of the company by defendant A., justifying the claim by the fact that the defendant A. did not pay the value of his share in the authorized capital of the company under the purchase and sale agreement. The statement of claim was partially satisfied by the decision of the Tulkubassky District Court of March 7, 2017, which was left unchanged by the decision of the judicial board for civil cases of the South Kazakhstan Regional Court of May 24, 2017. The contract for the purchase and sale of a share in the authorized capital of the limited liability company "zh" (hereinafter referred to as the partnership) between zh. and A., certified by the notary of the notary District of the South Kazakhstan region E. On December 15, 2016 (register No. 4998), was canceled in terms of a share of 50%. The rest of the claim is dismissed. In accordance with Part 5 of Article 438 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APC), a significant violation of the norms of material and procedural law, which led to the issuance of an illegal judicial act, is the basis for the Cassation review of judicial acts that have entered into legal force. According to the case documents, according to the purchase and sale agreement concluded on December 15, 2016, T. and ZH.
Each of them in the authorized capital of the Partnership sold their 50% share in total 100% to A. for 174,400 tenge. Local courts concluded that due to the seller's failure to fulfill the obligation to pay the value of the share of A. zh. and the termination of this contract, the disputed contract is declared invalid in terms of a 50% share of A. zh. and is subject to cancellation. In accordance with Part 1 of Article 27 of the APC, specialized Inter-District economic courts consider and resolve civil cases on property and non-property disputes, as well as on corporate disputes, the parties to which are individuals, legal entities engaged in private business activities without forming a legal entity, with the exception of cases determined by law, subject to the jurisdiction of another court. The court of Appeal considered as invalid the arguments of A. that the case was considered in violation of the principles of conviction, arguing that he acquired a share in the authorized capital of the company as an individual, and not as an individual entrepreneur. However, this statement is considered unfounded. This is due to the fact that the board took into account only the status of the buyer of the share A. at the time of the conclusion of the purchase and sale agreement. A dispute arose between the former participant of the partnership and its current participant after the transaction took place. Subparagraph 3) of Paragraph 3 of Article 77 of the Constitution of the Republic of Kazakhstan states that judges must be guided by the rule that no one can change a criminal record provided for by law without his consent. The Judicial Board of Cassation for civil cases of the Supreme Court of the Republic of Kazakhstan canceled local judicial acts and sent the case to the court of First Instance for fresh consideration from the stage of acceptance of the statement of claim.
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