Petition Application to the court of Appeal for additional new evidence to be added to the case file
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To the Board of Appeal for Civil Cases
Almaty Regional Court Almaty region
53, Tauelsizdik str., Taldykorgan, 8,7282,558,770.
Plaintiff: LLP "..........." BIN .......... 8 724 ...... email address: mailto:too_orion_ltd@mail.ru
Proxy representative: Law Firm LLP
Law and Law" represented by the Director General
Sarzhanova Galymzhan Turlybekovich
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Respondent-1: LLP "............" BIN .................. Turkestan region,
Saryagash district, Saryagash, Mostovaya, 2 8 725 372 8171
Respondent-2: State Institution "Public Procurement Department of Almaty region"
Defendant-3: State Institution "Construction Department of Almaty region"
The petition
on adding additional new evidence to the case file
Based on the intentionally committed violations set out in the Claims by the Defendant, we drew the attention of Judge G.K. Bekturganova to these facts during the court session, but the judge did not take our arguments into account and refused to satisfy the Claims in full. Based on the arguments presented during the trial, we filed and filed a Petition in order to establish the authenticity of the claimed documents for the remaining/other objects of LEADER-NK LLP, we asked the court to request copies of the following documents from the authorized body: 1.Certificate of acceptance of the facility for operation No. 783 dated November 26, 2011 for the facility: "Construction of a kindergarten for 280 places in Abai village, Saryagash district of South Kazakhstan region"; 2. Certificate of acceptance of the facility for operation No. 744 dated August 24, 2009 for the facility: "Construction of a school for 600 places in Abai village, Saryagash district"; 3. Certificate of acceptance of the facility No. 951 dated 11.12.2009 for the facility: "Construction of a 900-seat school in Saryagash, Saryagash district"; 4.Certificate of acceptance of the facility No. 934 dated 05.01.2012 for the facility: "Construction of a secondary school named after M. Mametova with 600 seats in the village of Zhanadauir, Saryagash district" 5. The act of acceptance of the facility into operation dated 05.09.2019 for the facility: "Construction of a school for 600 students in the village of Zhanatalap, Saryagash district"; However, the judge, without taking into account the irrefutable evidence provided by us, refused the petition because during the trial under the presiding judge, the representative of the Defendant, LEADER-NK LLP, provided the court with a document on the fact of the request to the Head of the State Institution "Department of Construction of Saryagash district of Turkestan region" Ye. Sarybekov, for outgoing No. 3 dated 01/13/2020 upon receipt of information on the construction of a school for 600 students in the settlement of Zhanatalap, Saryagash district, South Kazakhstan region, where the Defendant asked to be informed about the deadline for commissioning the above-mentioned construction facility.
Petition Application to the court of Appeal for additional new evidence to be added to the case file
Also, at the same time, the Representative of the defendant provided the court with a response to Request No. 3 from the State Institution "Department of Construction of the Saryagash district of the Turkestan region" of the Head Sarybekov E., for ex. No. 7, dated January 14, 2020, where it was stated: "At your request for ex. No. 3 dated 01/13/2020, regarding the dates of commissioning of the built school for 600 pupils in the settlement of Zhanatalap, Saryagashsky district of South Kazakhstan region, we explain the following. The construction of a school for 600 students in the village of Zhanatalap, Saryagash district of South Kazakhstan region was carried out by LEADER-NK LLP in the period from November 2017 to August 2019. The actual completion and delivery of the works were carried out in August 2019. Initially, an Act of acceptance of the facility for operation dated 05.09.2019 was signed and issued for the specified facility.
However, later it was reported by the registration authorities that errors had been made during the registration of the act and the assignment of the number, and therefore the same certificate of acceptance of the facility for the same facility, dated 11.11.2019, was signed and issued. Thus, there are currently discrepancies indicated by you in the date of commissioning of a school for 600 students in the village of Zhanatalap, Saryagash district of South Kazakhstan region." We believe that the judge paid special attention to these documents provided by the Defendant and, accordingly, refused to satisfy our Request. The petition is an application to the court of Appeal, Paying attention to the urgency of the letter, as well as the outgoing number written in pen and the fact that the letter was delivered on purpose and the received letter is not on letterhead! We sent a reasoned letter to the above-mentioned State Organization in order to establish the authenticity of the claimed documents and asked the Construction Department to provide information on whether they had actually been given an answer for the exodus. No. 7 dated 01/14/2020 to the letter from Leader – NK LLP for ex. No. 3 dated 01/13/2020. Subsequently, from the State Institution "Department of Construction of the Saryagash district of the Turkestan region", the Head of Sarybekov E., an answer for exodus was received on letterhead in electronic form.No. 74 dated 02/03/2020 where it is written: "In response to your request for the authenticity of the submitted documents, we inform you that LEADER-NK LLP is responsible for exodus. No. 3 dated 01/13/2020. No complaints have been received. Accordingly, the State Institution "Saryagashsky district Construction Department" is responsible for exodus. No. 7 dated 01/14/2020 was not sent. In addition, all letters in the department are sent through the Unified Electronic Document Management System of Government Agencies (UESED). The copy of the letter that is attached in your letter does not correspond to reality. In this regard, we ask you to provide the original letter for law enforcement agencies."
Article 15 of the Civil Procedure Code of the Republic of Kazakhstan "Competition and equality of the parties" stipulates that civil proceedings are conducted on the basis of competition and equality of the parties. The parties have equal opportunities to defend their position. In the course of civil proceedings, the parties choose their position, ways and means of defending it independently and independently of the court and other persons involved in the case. The court explains to the persons participating in the case their rights and obligations, warns about the consequences of committing or not performing procedural actions and in the cases provided for by this Code – However, the specified norm was grossly ignored by the defendant and violated by not respecting the court by falsifying evidence, while the Court bases the decision only on those evidence whose participation in the study is equal the grounds were provided by each of the parties. Article 46. The CPC RK "Rights and obligations of persons participating in the case" strictly stipulates: Persons participating in the case have the right to present evidence and participate in their study and enjoy other procedural rights and obligations provided by law.
Participants in the judicial process must conscientiously exercise all the procedural rights belonging to them, without abusing the rights of others, without violating their interests and resolving the case. The persons participating in the case are obliged to declare to the court the actual circumstances of the case fully and truthfully, to speak out or submit to the court written documents refuting the facts claimed by the other party. Failure of the persons participating in the case to fulfill their procedural duties entails the occurrence of procedural consequences provided for by this Code.
Petition Application to the court of Appeal for additional new evidence to be added to the case file
In accordance with paragraph 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed – which was not observed during the trial, since the judge was constantly based on the expediency of declaring the public procurement contract invalid. In addition, the judge bases his decision on the principles of public procurement, optimal and efficient spending of money used for public procurement. And that at the time of consideration of the civil case, the contractor had disbursed an amount in the amount of 313,366,306.97 tenge and the defendants' arguments that additional funds and time would be required from the budget to adjust the design estimates (hereinafter referred to as the PSD) for the construction site deserve attention.
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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