Objection to the review of the Almaty City Police Department
Attention!
The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
Al-Farabiysky district Court of Shymkent to Judge Turgunbayeva L.T.
Republic of Kazakhstan, Shymkent, 160011,
Mailykozha St., 7. 30207@sud.kz 8 (7252) 99-73-17.
The plaintiff: FULL NAME OF THE IIN: __________ phone: _____________.
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
BIN 190240029071 Almaty, Abylai Khan str., No.79/71, office No. 304.
info@zakonpravo.kz www.zakonpravo.kz tel.: 8 708 578 57 58. 8 727 978 57 55.
Defendants: State Institution "Almaty City Police Department" Ministry of Internal Affairs of the Republic of Kazakhstan"
Objection
on the review of the Almaty City Police Department
Q, is there a civil case in your case №______________, according to the Statement of Claim, the full name of the defendants is the State Institution "Shymkent City Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan", the State Institution "Almaty City Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" on recognition of the action and inaction of the defendants, illegal orders, reinstatement at work and collection of wages for the time of forced absenteeism and moral damage. To this Statement of Claim, the Respondent of the Almaty City Police Department provided a Response to the claim of the full name to the Almaty City Police Department for illegal dismissal and secondment. Where the DP of Almaty motivates its arguments as follows, on dd/mm/year, a report was received from the plaintiff to the DP of Almaty for further service in the Almaty city police. Based on this report, the DP of Almaty sent a request for ex № _________ in the Shymkent city police department, upon request of a personal file, full name. in order to get acquainted with the personal file (qualifications, seniority rank) and make a further decision on its appointment or refusal, after coordinating this issue with the Ministry of Internal Affairs of the Republic of Kazakhstan. The following dd/mm/year for exodus no. ______. The Shymkent DP sent a personal file to the DP of Almaty, but not a seconded employee, since there was no question of sending a full name in the request, therefore, we do not understand what the plaintiff's statement is that he was seconded from Shymkent DP?
Objection to the review of the Almaty City Police Department
Dear court, we do not agree with the above arguments of the DP of Almaty, and we consider the arguments to be unsubstantiated and unjustified. Since during the trial, the DP of Almaty, when asked by the Plaintiff's representative whether they knew about the secondment of the Plaintiff to the DP of Almaty, replied that they did not know and did not have such information. However, we would like to draw the court's attention to the fact that the DP of Almaty knew about the order no. ________ of dd/mm/year because:
There are telephone sentences, as evidenced by the details of the calls between the Plaintiff and ___________ holding the position of the Inspector of the Department of Internal Affairs of the Department of Personnel Policy of the City of Almaty tel: ____________; Deputy Head of UKRP Almaty ______________., phone: _____________, If necessary, the court has the opportunity to request conversations between the Plaintiff and the Defendant.;
According to the above-mentioned phone numbers, there were SMS messages between the Plaintiff and the Defendant, where correspondence is conducted between the Plaintiff and the Defendant regarding the passage of an order in the DP of Almaty for an existing equivalent vacant position;
Are Whatsapp correspondence between the Plaintiff and ___________ holding the position of the inspector of Internal Affairs UKrP city Almaty, where the Plaintiff requests the status of the order for the vacant position of the UP of the Medeu district of the DP of Almaty for what ____________ He replied that there was no vacant position in the Administration of the Medeu district;
The Plaintiff personally submitted the specified order to the personnel department of the DP of Almaty for №___________ from dd/mm/year;
In addition to the above evidence, there is a Notification from the DP of Almaty for outgoing numbers №_______________ and №_____________ from dd/mm/year signed by __________, addressed to the Plaintiff, where he notifies that in order to resolve the issue of employment and stay in the Department of Internal Affairs (at the disposal), it is necessary to arrive at the UKrP DP Almaty dd/mm/year at 9:00 a.m. office no. ___. This formal notification proves once again that the DP of Almaty revealed the grossest violation of the DP of Shymkent after dd/mm/year. Why formally? Since it is necessary to pay attention to the outgoing and the date, as well as the day of arrival, however, a letter from the DP of Almaty to the Plaintiff was sent in a postal envelope at dd/mm/year 14:06 hours. Although the plaintiff was currently in the Ukrposhta of Almaty, as evidenced by electronic air tickets;
There is evidence where the DP of Almaty half a year later, namely _____ of the year, sent a letter to the Ministry of Internal Affairs of the Republic of Kazakhstan for approval for employment in the DP of Almaty, which was sent under the Unified Electronic Document Management System of State Bodies, to which the Ministry of Internal Affairs of the Republic of Kazakhstan responded with a letter from dd/mm/of the year. Dear court, according to this evidence, it is necessary to demand from the Defendant a cover letter with attached documents from dd/mm/year, as well as a response from the Ministry of Internal Affairs of the Republic of Kazakhstan.
Further in the response, the Defendant draws attention to the plaintiffs' claim for moral damages and motivates his arguments in accordance with art. 951 of the Civil Code of the Republic of Kazakhstan, whereas in accordance with Articles 951, 952 of the Civil Code of the Republic of Kazakhstan, compensation for moral damage and its amount are provided, which affects the violation of rights in the form of diminution or deprivation of personal non-property benefits and rights of individuals, including moral suffering (humiliation, irritation, depression, anger, shame, despair, inferiority, discomfort etc.), experienced (endured, experienced) by the victim as a result of the offense committed against him. Dear court, as a result of a blatant violation by the staff of the Personnel Service of the Shymkent city Police Department and the City Police Department. Almaty The plaintiff, as an excellent student of the Ministry of Internal Affairs, as a leader, as a mentor, experienced humiliation, irritation, depression, anger, shame, despair, inferiority, fell into an uncomfortable state, having not received a leadership position until today.
Thus, we consider that the Defendants violated, first of all, the Constitutional rights in accordance with art. 24 where it is stipulated that everyone has the right to freedom of work, choice of occupation and profession, the right to working conditions that meet the requirements of the law regulated by the Labor Code of the Republic of Kazakhstan, where article 22 of the Code provides for the rights of an employee, where he can require the Employer to comply with the conditions of the employer's acts, to receive complete and reliable information about the state of working conditions and safety labor, timely and full payment of wages in accordance with the terms of labor and collective agreements, payment of downtime in accordance with this The Code - Here, dear court, is what constitutes a violation on the part of the Defendants. When determining the amount of moral damage, both a subjective assessment of the offense committed against him, the severity of the moral damage caused, and objective data indicating the degree of moral and physical suffering or job deprivation are taken into account. Moral damage is compensated regardless of the property damage to be compensated.
Objection to the review of the Almaty City Police Department
In accordance with Articles 63,64,65 of the CPC RK, evidence in a case is legally obtained information about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances relevant for the proper consideration and resolution of the case. Evidence is recognized by the court as relevant if it contains information about facts that confirm, refute, or question conclusions about the existence of circumstances relevant to the case. We consider the materials provided as evidence by the Defendants to only confirm the arguments presented in the statement of claim. In accordance with art . 166 The parties to the lawsuit submit to the court a response to the statement of claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it - however, in the Responses of the defendants there is no refutation of the arguments stated in the Statement of Claim, but on the contrary confirm the arguments of the Plaintiff.
Sincerely, Proxy representative _________________/Sarzhanov G.T. "___" _____________2020 the year
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
