Objection to a Claim for the protection of business reputation
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Zhetysu District Court of Almaty to the Judge ______________
From: representative ________________ in the interests of the defendant ______________
Objection
to the statement of claim (in accordance with st143 of the Civil Code of the Republic of Kazakhstan ) of the Nur Otan Party For the protection of Business reputation
The claim of a representative by proxy of Nur Otan parties is being considered in your proceedings., _____________, In which he asks the court: 1. To acknowledge the information: "About the obstruction of the establishment of the Our Right party by the NurOtan party," distributed by the Defendant, which is untrue, discrediting the business reputation of the Nur Otan party 2. Oblige Zakirov _______________, ________________, within 10 days after the court's decision comes into force, refute the following information on your personal and other social media pages: obstruction of the establishment of the Our Right party by the Nur Otan party as untrue. 3. Collect from Zakirova _______________, ________________., compensation for moral damage in the amount of 20 (twenty) million tenge, expenses for notary services 106940 (one hundred six thousand nine hundred and forty) tenge, state duty in the amount of 602,525 (six hundred two five hundred and twenty-five) tenge
Objection to a Claim for the protection of business reputation
The proceedings on this claim of the Nur Otan party are subject to termination on the following grounds: Issues of protection of personal non-property rights, including honor, dignity and business reputation of subjects of civil law relations, in our country are regulated by the Civil Code of the Republic of Kazakhstan, the Law on Mass Media, regulatory rulings of the Supreme Court of the Republic of Kazakhstan "On application in judicial the practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities", "On the application by courts of legislation on compensation for moral damage. These provisions of the law are, as a rule, necessarily observed by participants in civil law relations, but at the same time, unfortunately, we have to state that these requirements of the law apparently do not matter to the ruling Nur Otan party, or how to explain the evidence of abuse of law when the actions of representatives of this party are guided not by laws, but rather by irrepressible ambitions and desire, by all means, to punish objectionable persons, the proof of which is the content of the demand of the ruling Nur Otan party to recover from civil activists as compensation for moral damage in its favor, about twenty-one million tenge, so as not to be unfounded, taking into account the evidence that this claim was filed on the basis of Article 143 of the Civil Code of the Republic of Kazakhstan, in this Therefore, I have to remind the representatives of the ruling Nur Otan party and the court once again that according to the legally established rules of this article of the Civil Code of the Republic of Kazakhstan, The law on the protection of a citizen's business reputation actually applies to the protection of the business reputation of a legal entity, with the exception of the claim for compensation for moral damage. Other rules on compensation of losses are applied to the protection of the business reputation of a legal entity in accordance with the procedure established by this Code. Moreover, based on the plaintiff's claim, "Oblige ______________, ____________________, within 10 days after the entry into force of the court's decision, refute on their own On personal and other social media pages, the above information is about the obstruction of the establishment of the Our Right party by the Nur Otan party, as untrue," it is also necessary to draw the attention of representatives of the ruling Nur Otan party and the court to article 1 of the Law "On Mass Media", which clarifies some concepts according to which, for example, information (information) posted in the media or on social networks of the Internet is classified only as products of mass media
Objection to a Claim for the protection of business reputation
In this regard, it is also appropriate to remind representatives of the ruling Nur Otan party and the court that, according to article 19 of the law on mass media, a citizen or a legal entity has the right to demand in court a refutation of information that does not correspond to reality and discredits his honor, dignity and business reputation only after receiving a REFUSAL to comply with the requirement for a refutation, while They must be issued in writing, indicating information that does not correspond to reality, the time and method of its dissemination by this media outlet. And only after completing this mandatory pre-trial procedure and receiving a refusal, the Nur Otan party would actually be entitled to apply to the court for the protection of honor and dignity of business reputation, while I also have to state that the ruling Nur Otan party violated not only the requirement of the norm of Article 19 of the Law "On Mass Media" but also the norm Article 149 of the Civil Procedure Code of the Republic of Kazakhstan obliges the applicant in such cases, when filing a claim with the court, to attach to the statement of claim: Copies of the statement of claim and the documents attached to it according to the number of defendants and third parties.; Documents confirming compliance with the pre-trial procedure dispute settlement, if this procedure is established, whereas the COURT, by virtue of the norm of Article 152 of the CPC RK, in turn, by virtue of the requirement of the norm of this article, was obliged to return the statement of claim to the Nur Otan party due to the fact that the plaintiff did not comply with the pre-trial or extrajudicial procedure established by law for this category of cases. settling a dispute rather than taking it out ....... The applicant of the Nur Otan party, a ruling on the appointment of an expert examination, while depriving the defendants and their representatives of the opportunity not only to properly familiarize themselves with the subject of the claim and the documents attached to it and provide the court with their feedback on the statement of claim.
Objection to a Claim for the protection of business reputation
Moreover, from the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage" it also directly follows that Civil legislation does not provide for compensation for moral damage to a legal entity and courts should refuse to accept claims of legal entities for compensation for moral damage, if the claim is accepted The proceedings in the case are subject to termination. Based on the above, taking into account the evidence of gross violations of the norms of civil procedure legislation, I ask the court to terminate the proceedings on this application of the ruling Nur Otan party.
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.
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